The Portland daily press., 1886-08-14
THE CUTTING CASE.
A Statement of the Entire Matter
Officially Published In Mexico.
The Judge Who Tried the Case
Makes Statement of the
Actual Facts.

CITY OF MEXICO, Aug. 13.-The Dario,
the official government organ for the publ
cation of DEGREES, department decisions, etc..
today, contains important documents re-
garding the Cutting case, including the full
text of the decision of Judge Zubia, at Paso
del Norte which show clearly and unmiS-
takably that the court held Cutting for a
crime begun on American soil and continued
simultaneously in Texas and Mexico. This
puts new phase on the case and shows that
Judge Zubia regarded the case as one con-
tinuous act. In passing sentence on Cutting
the Judge said the basis of the criminal pro.
ceeding against him was: First the proof
before him that he committed an offence
classed as a crime, the law and evidence of
which was afforded beyond dispute by the
publication which appeared in El Centinela,
June 9th last, paper published on Mexican
SOIL Secondly, that, although it was true
there was an act OF concliiatlon whIch would
have satisfied the offended party had it been
complied with, it was also true that this act
of c0nciliatiOn was not fulfilled and, there
fore, the crime still stands. Third, proof of
lack of compliance with the act of concila-
tiOn is found in communication printed by
Cutting in the Ell Paso Sunday Herald, in
which he Tenews his defamat0ry charges
against Medina. and at the same time pub
fishes an article in Ell Centinela, on Mex
lean soil, in which he suppressed capital
letters and puts Medina name in mlcr0Scop-
ic type in order to make it's reading difficult.
Fourth, the renewal of the charges does not
constitute new offence, but is the confirma-
tion of previous charges. Fifth, that this
being so, the criminal responsibility of Cut
ting arose from the publication in the Ell
Centinala, which was renewed In Texas pa
per. His renewal or ratification not constl-
tuting new crime, which will be punished
with differenalty than that which cores
ponds to! publication. The Judge further
says:
Even supposing, without conceding it, that
the crime of defamation had been committed
in Texas, the fact that Cutting had, in Paso
Del NOrte, exposed copies of the Sunday
Herald, of which Medina complains, and
which were by order of the court seized on
the premises of Cutting on Mexican soil,
constitutes properly consummation OF the
crime according to the penal code. Judge
Cutting actually circulated on Mexican soil
his renewal of the libel published in Texas.
InlS renewal OF libel publlSheu IN IeXaS is
an offence, were case reversed, which would
| be punishable under the present code in
| Texas.
A Murder Committed by Mexicans.
WASHINGTON, Aug. 13.-Secretary Bayard
| denies the report that the cabinet has ac-
| cepted an offer from the Mexican government
| to hay e a special envoy from this country
| look into the Cutting matter.
Secretary Bayard received a despatch from
| Minister Jackson tonight stating that Ra-
| sures, who was sent across the border by
| Texas, was killed by Mexicans while trying
| to escape at night Consul Lynn, stationed
| at PedrOs Nemas, Informs the State Depart
| ment that when at his mothers request Ra-
| sures' body was exhu med, it was found he
| had been shot while blindfolded with tow
ell, and with hands pinioned at his sides.