The Iola register., 1886-08-20
OFFICIALLY DEFINED.

OFFICIALLY DEFINED.
The Nexican 0overnmeat Orsaa Dlseusssv
the DeeislSa ef the Coart In the Cutsane
CRY OF MEXICO. Aug. 14.-The Diarie
Official. the Government organ, to-day con-
tains important documents regarding the
Cutting case, including the full text of the
decision OF Judge Zubia, at Pas0 del NOrte.
which show clearly and Enthusiastically that.
the court held Cutting for crime begun on
Mexican soil and continued simultaneously
IN Texas and Mexico. This puts new
phase on the case, a II shows Judge Zubia-
regarded the ease as one continuous act
In passing sentence ON Cutting the judge
said the basis of the criminal proceeding
against the defendant was the first proof be-
fore him that he committed an offense classed
rs crime by law, evidence of which Was.
afforded beyond doubt by the publication
which appeared in the Ell Centinclla. on
June last. paper published on Mexican,
soil; secondly. that although it was truo-
there was IN act Of conciiiation which
would have satisfied the offended party had
It been complied with, 1t was also true this.
act Of conciliati0n was not fulfilled, and
therefore the crime still stands The third
proof of the lack Of compliance with the.
aim OF conciliation Is found in the commu--
nication printed by Cutting i'm the Ell Paso-
Sunday Herald, In which he renews his de-
famatory charges against Medina, and at.
tho same time publishes ON article in Ell
Centinella on the Mexican soil, in which he
suppresses capital letters and puts the name,
Of Medina in microscopic type, in order to-
make its reading difficult Fourth-A re-
newal of the charges does not constitute o.
new Offense. but is confirmation Of pre-
viOus charges. Fifth-That this be-
ing so. the criminal responsibility OF CUT
ting arose from the publication in Ell Gen.
tinella, which was renewed in Texas pa
per. his renewal or ratification not cOnsti-
tuting new crime which should be pun
ished with different penalty than that
which corresponds to the first publication.
The judge further says: Even surprising,
without cOnceding it. that the crime Of
defamation had been committed In Texas,
the fact that Cutting had in PasO del NOfte-
copies of the FL Pas0 Sunday Herald, of
which Medina complained, and which were
by order Of the court seized on the person
of Cutting, on Mexican soil, constitute,
properly cOnsummatiOn of the crime, ac-
cOrding to the penal code. Judge Zubia
lays special emphasis ON the fact that Cut
ting actually circulated on Mexican soil his,
renewal of the libel published in Texas, is
the Offense, and, were the case reversed it
would be punishable under the present code.
In Texas. A. T. Gushing. an American,
lawyer, snms up Zubia's decision thus:
Cutting was convicted of repetition of
libel first published in Mexico and re-
printed more virulently I'm Texas, which he
then brought over and distributed in Mexico.
and it wss the distribution in Mexico of tho
second libel and not the printing of the
same in Texas-fOr which he was convicted
the libel having been read by three or
more persons, AS required by the statutes
of the State of Chihuahua. Cutting pleaded
In bar TO jurisdiction Of Mexican court, that
the paper had been printed In Texas. He
did not, however. deny that the paper had,
been circulated on the Mexican side, which.
was fact numerous copies having been
seized there by order of the court. This
aspect Of the case takes away the phase Of
the conflict OF the law Of the two countries
The publication of the full text of Judge
Zubia's decision is regarded here a. put
ting tile case out Of International cOntrO-
versy.
NO ENVOY SENT.
WASHINGTON, Aug. A.-Secretary Bay
ard said yesterday, in response to an in
quiry of the truth in regard to the pub
lished report tina: special envoy was to be-
sent from Washington to Mexico to confer
With the legal authorities of that country as.
10 the proper Interpretation Of the Mexicam
law under which Cutting is held, that there
is nothing new IN regard to Mexican mat
ters. The report however, was denied en-
phatically by other officers Of the depart
meni. Assistant Secretary Porter. in deny
ing the truth of the report, said no such de-
cisicn as that indicated by the published re-
port has been reached, and no envoy will
be sent from Washington.