The Detroit times., 1910-06-13
DUDGE CONNOLLY
'n[FUsEs TO QUIT
IN MOLE CASE
WIN Probably Go Before Justice
Stein, Monday, a. Private Citizen
and Ask Warrant for Little
Girls Aunt.
Recorder Points Out That Supreme
Court Specifically Orders Child
Handed Over To Relative.

With Prosecuting Attorney Van
Zile practically refusing to take any
action along the line OF prosecution
for perjury In the Lois Mole case, and
with Judge Henry 8. Hubert, of the
juvenile court, taking practically the
same stand. as far as any criminal
prosecution is concerned. although he
intends to exert every effort to allevi-
ate the plight OF the unfortunate lit
tie girl. the punitive aspect OF the
case Is now "up to" Judge Connolly.
and there IL every indication that he
will meet the situation.
Police Justice Christopher K. Stein
has expressed his willingness to offer
his aid to any person. with knowl.
edge of the facts In the Mole case.
who may desire to start criminal pro-
ceedings against those who induced
little Lois Mole to perjure herself. by
swearing In court that her father had
not abused her. in spite OF her
previous statements TO the police.
Judge Hubert was asked, Saturday
morning, whether he would take ad-
vantage OF Justice Stems offer. and
appear as complainant in perjury pro-
ceedings. but he replied that he was
not interested In the criminal phase
OF the matter. He desired, he said,
only to see that the little girl was
placed in proper hands. and removed
Fr<Sr tkx. INF Uh
the unsavory court trial.
Judge Hubert expressed the opin-
Ion that II was up to the police and
the criminal courts to sustain their
own interests, which had been nouted
In the case.
Chief OF Detectives Mcdonnell. who
was twice a witness to the little girls
contradictory statements, would be
the logical person 10 start perjury
proceedings, but he is at the st. Clair
Flats on n vacation, and cannot be
reached
In view of that fact. the case was
put up tot5udge Connolly, who stated
that he would take under considera-
tion the proposition to go before Po-
lice Justice Stein, as q private citizen,
with knowledge of the facts in the
case. and swear out a warrant against
Mrs. Florence Chappell. aunt of Lois
Mole. charging her with subornation
OF perjury.
Judge Connolly said that he would
consider the matter until Monday
and would then announce his course
Of action. Among those who have
followed the tangled case from the
~ ~ ha
emphatic letter from Judge Connolly
strongly recommending that the Local
eourts be protected, by the prosecu'
tor, from being toyed with by bold and
open perjury. the opinion is strong
that Judge Connolly will not let the
matter drop.
Dispatches from Lansing sta.e that
examination of the finding of the su-
rrcme court In the Mole case shows
that custody of the child was not CIV
en- to the aunt. the court passing
merely upon q question of jurisdic-
tion.
Judge Connolly showed The Times,
a copy of the decision and order OF
the supreme court. which contains the
following language:
Upon the hearing, IL was found
that the child. Lois Mole, was
given into the custody of Miss
Ada Freeman, the probation on
Ger Of Wayne county. An order
will be entered, requiring her to
deliver the child to the petitioner,
upon request.
The petitioner was Lois Mole's
aunt Mrs. Florence Chappell. OF
Fowlerville.
While the supreme court is said
not to have given the child TO Mrs.
Chappell, the fact remains. that Mrs
Chappell has the child" says Judge
Connolly. And that order by the SUI
preme court would seem to cover the
question"
Prosecuting Attorney Van Zile
reiterated. Saturday morning. his in
tention to refuse to prosecute any per-
son OF persons guilty OF suborning
Lois Mole to periure herself.
II have had detectives at work for
nearly month and they have failed
to bring In any evidence that would
warrant prosecution" said Mr.. Van
Zile.
II Judge Connolly takes upon him
self. az private citizen, the duty of
seeking legal punishment for one OF
the boldest and most spectacular
cases of defeating justice ever at
tempted In the local courts, he will
act upon the fact that he was one OF
the personal witnesses to confes.
sion by Lois Mole that she had per-
jured herself. upon advice OF her aunt,
Mrs. Florence Chappell, OF Fowler.
vile. There were present In that
session Chief Mcdonnell, Judge HUI
BERT Miss Ada Freeman, Attorney
William Van Dyke. and Judge Connol-
ly.
II the case were brought before
Justice Stein. In considering the ad.
vtsability OF issuing a warrant. the
justice would be allowed to take the
statements OF personal knowledge of
the complaining witness. and, In he
wished further enlightenment, would
have the power to call In such other
witnesses az might have further in
formation.