Judge's Comment in U.S. Court on Complainant's Failure to Prosecute Mr. 8. Fessenden, who had been acting for Mr. W. S. Fleming in the latter's suit for libel in the U. 8. Court for China, against W. Missemer, of the "China Observer," has filed a motion for a discontinuance of the case. In the motion Mr. Fessenden sets out the following points:—That, since the preliminary hearing before United States Commissioner Ferno J. Schuhl, Mr. Fessenden has not received any instructions from the complainant.
That. the complainant left the jurisdic. tion of this court in the month of February, 1921, Without giving any notice to Mr. Fessenden of his intention to leave the jurisdiction.
That Mr. Fleming is not at present within the jurisdiction of this court, and Mr, Fessenden has no knowledge or information as to when he will return to the jurisdiction of this court.
That Mr. Fessenden does not wish io represent Mr, Fleming any further in this action.
That, on April 6, 1921, Mr. Fessenden addressed a letter ta Mr. R. T. Bryan, a partner of Mr. Fleming, stating substance that he did not desire to further act for Mr. Fleming and requesting Mr. Bryan to take over the case,
Text read from the printed page and cleaned; old type leaves the occasional error.