Mr. W. S. Fleming attended at the United States Court for China on Monday afternoon before his Honour Judge Lobingier and made a full and complete apology in connexion with the charge against him of contempt of court.
Mr. Fleming appeared on a Motion of Retraction, which he read as follows I,' William S. Fleming, respondent im the above entitled action, respectfully appearing before the Court for the sole purpose, do hereby express my deep regret for having filed and read in open court on July 28, 1921, the petition, motion, application and affidavit for a change of venue in Cause No. 1431 for which I was convicted of contempt in this and the Appellate Court.
I retract all statements made therein and apologize for having made and filed them, particularly the statements that the Judge of this Court was a party to the crimes of Earl B. Rose or to the prosecution of myself or that he conspired with others to defame and injure me.
I acknowledge that the language used in said petition, motion, application and affidavit was improper and disrespectful.
humbly ask the Court's pardon for having used it and T under-. take never to repeat such unbecoming expressions.
I further ask leave of the Court to withdraw from its files the said petition, motion, application and affidavit that the sume may be destroyed and held for naught.
Judge Lobingier, in reply, said: As far as I personally am concerned, I wish to say that I bear no malice whatever against the defendant in this matter. As Judge of this Court, however, the only thing T can say at this time is this case is now before a higher tribunal and, therefore, out of our jurisdiction and beyond our power to control in any way. The motion and retraction will be deposited in the files of the case. Any further action must await receipt of the mandate from the Court of Appeal.
Mr. Fleming then withdrew.
Text read from the printed page and cleaned; old type leaves the occasional error.