Morning journal and courier., 1892-09-30
Handsome Retractfon.


in the city court yesterday have been much
complimented by all who have heard of
the case. The public is quite familiar
with the Fassar case, in which Mr.. Asher
appeared as counsel, and in connection
with which he made unpleasant remarks
concerning Judge Pickett. As soon as Mr..
Asher had time for reflection he regretted
his conduct and the words he had uttered
In the city court yesterday he performed
the honorable and creditable act of giving
expression to his regret and retracting his
words. Judge Pickett evinced proper
forbearance by accepting the apology in
the spirit in which it was offered. Mr..
Asher has done the honorable and square
thing and will be respected accordingly.
In addressing Judge Pickett yesterday
| morning, Mr.. Asher said:
GA few weeks ago I was interested in
case before your honor as attorney for the
| defense in the case of the state against
Fassar, and certain matters which occurred
during the trial provoked my feelings.
The evidence, in my opinion, warranted a
discharge, but your honor thought other
wise. At that time, although not in your
honor's presence, made remarks which
were both disrespectful and painful to your
honor.
81 recognize the dignity of the Judge
who holds judicial position on the bench
and who is the last one concerning whom
1 should have made any remarks of dis
respectful nature. Although it comes at
this late day to make an explanation to you
how it is due, partly because of your hon
or's absence from the city aud partly of my
own business engagements, still feel it is
never too late to make amends for wrong
i nd 7
tarily apologize to your honor.
81 have never questioned your honor's
integrity, and l sincerely regret that a
| great deal of newspaper controversy fol-
lowed, which through no direct fault of
mine, has caused your honor much pain.
For controversy which grew out Of the
matter I do not feel myself responsible. I
hope the pleasant relations which have
existed between your honor and myself
will remain as cordial as in years past.
And I most humbly apologize to your
honor"
Judge Pickett in replying to Mr.. Asher
spoke substantially as follows:
"Mr. Asher, the court accepts your
apology as ample, and considers it manly
and creditable to you as member of an
honorable profession. This court does not
livelihood, and the Judge has to call on g
the position of an attorney. He knows
, how he is apt to be and probably is jealous,
} for his clients, as an attorney should be.
AS to the case in question in view of the
oral and especially in view of the circum
/ stantial evidence, the court then and now
is thoroughly satisfied that it's judg
ment was right 1t is common for this
and all other courts to feel desire to
give judgments in favor of attorneys who
, have the respect aud confidence Of
) the court. But, really, that ought not te
be taken into consideration in giving any
Judgment, and the court sometimes has tt
brace itself against any such influence, for
, it would be neither proper nor honorable
to yield to any such feeling. In the Fassal
case it would have been exceedingly agree
able and pleasant to this court, both or
account of attorney and client, to have
= granted a discharge. But the court il
r clearly of the opinion that it would no
have been right or proper. But the mos
painful feature of the whole case is thai
the court has by implication been pub
), licly accused of obtaining evidence as t.
the case out of court between the time Of
8 trial and the time of the final judgment
No word was ever spoken by the court tx
. any person in reference to the case between
the time of the trial and the time of thu
Judgment, except as was spoken by you
4 Mr.. Asher, in favor of the accused" Clos
q ing, Judge Pickett substantially said: &c
, only say further that your apology as pre-
sented is creditable to you as an honora
BILE attorney and gentleman and ought t.
have the effect of bringing new respect tt
:. the profession to which we both belong.