Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-08-16
is IT A PUT-UP JOB /?
The Mexlca- Minister Of Foreign AZ
fairs Sss. 4, Rotary Bayard Has
Bet|s Informed,
The Full Decision y re Judge Who
Sentenced Cutting az case from
the Mexican ST. point.
The Judges Decision Regarded as Putting
the Case Out of International Contro-
versy-Cuttins's Theory.

The Judges Decision Regarded as Putting
the Case Out OF International Contro-
versy- Cuttings Theory.
HoT-HEADEDNEss SHALL NOT RULE
CRY OF MEXICO, Aug. l5.-The minis
ter of foreign affairs, Senior Mariscal, adj
dresses g letter under date Of the 18th
inst. to Minister Romero, containing
review OF all the legal points involved in
the Cutting controversy and serves as a
commentary TO Cuttings sentence.
Mariscal's letter shows the inaccuracy of
some OF Mr.. Bayards statements, due no
doubt, 1t says, to unreliable information
given him by interested and excited peo-
pie. Among these 1t is cited that the
prosecution Of Cutting did not originate
with the judge, as stated by Mr.. Bayard,
but was the result of the offended party,s
complaint duly made; also that Cutting
was not refused legal assistance, but was
provided with counsel, he refusing TO
employ lawyer. The letter enters at
length into the question OF jurisdiction
and cites numerous authorities involving
Wheaton and other American iurists
IN SUPPORT OF THE CLAIM or MENICo
for jurisdiction over the offenses commit
ted against MeXicans onforeign territory
He cites among others Story, who in re-
viewing New York decision, says; SAL
though the penal laws of every country
are in there nature local, yet an offense
may be committed In one sovereignty I'm
violation of the laws OF another, aud II
the offender be afterwards found in that
latter state, he may be punished accord
ing to laws thereof, and the fact that he
owes allegiance to another sovereignty
| cannot be pleaded as
! A BAR TO INDICTMENT.
The letter closes as follows: al am
1 fully convinced of MIR. Bayard's wisdom
and sincerity, which have been shown In
his prudent conduct since he was
informed through my letter to Mr.. Jack
son, of the impossibillty of our govern
ment to secure the immediate release OF
Mr., Cutting. / also fully appreciate the
| sincerity Of his repeated assurances of
friendly consideration for Mexico given
to you, but our friendly consideration for
the government OF the United States is
no less sincere and profound, and we have
sufficient confidence in its wisdom and
Justice to expect that when, upon learning
the truth, it finds it has taken wrong
position, 1t will not hesitate to recede
from the same and will know how to do
us justice, knowing our disposition is
based upon sentiment and upon convic-
ton to maintain and promote only the
most friendly relations 5etweo the two
countries"
Interest In the case is abating, as 1t is
believed the matter will be settled by
diplomatic negotiations. Great public
confidence is felt here in the discretion
and patriotism OF Minister Romero. The
best class of people here express friendly
sentiments for the people OF the United
States.
There are excellent crop reports from
all over the republic. The government
revenue holds up we'll.
NO LONGER AN INTERNATIONAL QUESTION
CITY OF MEXICO, Aug. 16.-E
Diario Official, which is the daily or
gan OF the government for the publication
of DEGREES, department decisions, ETC.
contains to-day very important docu
ment regarding the Cutting case, includ
ing the full text Of Judge Ieubia's decis
ion at Paso del Norte, which shows
clearly and Enthusiastically that the couri
held Cutting for the continuous act Of 8
crime begun in Mexican state, carried
leo. This puts new phase on the case
for 1t shows that Judge Zeubia regards
the case as one continuous act. In pass
ing sentence Judge Zeubia said that the
basis Of the crime In the proceedings
against Cutting is.
l. The proof that he committed an Of
Tense classed as crime by law which Ii
1 Stforded beyond dispute by publication
which appeared in El Centlnella on 9th o.
June last, lei Centinella being paper
published on Mexican soil.
2. That although tits true that there
was an act OF Cancellation which would
have satisfied the offended party had I
been compiled with, 1t is also true thg
this act OF Cancellation was not fulfilled
and therefore the crime still stands.
g. Proof Of the lack OF compliance with
the eet of conoiliaton rs found in commu
nication printed by Cutting inthe El Past
Herald, 10 which he renews his deiama'
tory charges against Medina and at th'
same time he publishes an article In +
4 CeptineIla on Mexican soil in which h'
suppresses capital letters anC
puts the name Of Medina In microscope
type m order to make its reading dill
cult.
A. The renewal Of the charges does no
constitute a new oHeIse, but contrma
ton OF the previous charges.
3. That this being so, the criminal re
sponsIbillty Of Cutting arose from TN
publication in III CendneIla, which wa
renewed In a Texas paper, this renewa
or ratification not constituting new
crime, which should be punished with
: diferent penalty than that which CORE
spends to the first publication. tn
Judge further says, that even supposine
without conceding II, that the crime o
defamation had been committed In Texas
The fact that Cutting had in Psso DC
Norte copies Of {, the II Paso sunda,
Herald, OF which Medina complained an'
y which were, by order OF the court, seize
on The premises Of Cutting on hexical
: sou. constitutes properly consumma
ton OF the crime according TO the penH
code. ..,. a..
The Judge lsys special emphasis on To
fact of Cuttings actually circulating o.
~ ~ the llDfl