Western cyclone. [volume] (Nicodemus, Kan.) 1886-1887, 1886-08-19
CUTTING CONVICTED OF LIBEL.
He Refuses to Make any Defense, Saying
His Case Was in the Hands OF His Gov.

He Refuses to Make any Defense, Saying
| His Case Was in the Hands of His Gov
ernment-Sentence Passed.
| Ell PAsO, August G.-The trial OF Editor
Cutting began yesterday. The proceedings
and documents in the case were read.
| Among them were Medina's affdavits charg-
| ing him with failure to carry out a recOnCll-
iation made before the Mexican court. In
regard to the publication, a second affidavit
| from Medina was read, charging that Cut
| ting h. 4 circulated over ten copies of that
paper a FL Paso. When the reading was fin
ished Cutting was asked if all was satisfac-
tory to him. He replied that he could not
countenance the proceedings, as he consid-
cred the court without Jurisdiction in the case.
Other officials signiied their approval of
| the agreement and declared it in order.
Jose Marie Sierra, the prosecuting attorney,
| took the floor, and delivered his argument
that the case hinged upon the written agree
ment between Medina and Cutting, called
| the act of reconciliation, which was broken
and made void by the publication made by
| Cutting in the Ell Pa5O Herald; that his
breach of contract gave Medina a perfect
right to continue the case against the pris-
oner. He said that Cutting was not an
ignorant man but had repeatedly acted IN
direct opposition to the act of reconcilia-
ton of the case difficult by refusing to
answer the Judge. This WAS an aggravating
| circumstance it the case.
! The result of his crime had been to terror
ize the people, disturb society, causing a
| fear of revolution, probably war. All these
! were srstravating circumstances and crimes
| in themselves. The Mexican law gave the
court jurisdiction and he characterized the
offence as crime, because it was also pun
! ishable in Texas. He concluded by calling
attention to article &c of the penal code,
defining sentence in such serious cases, and
asked the court for a term of two years
imprisonment at hard labor against the
prisoner. He then asked the court to CEN
sure Consul Brigham for officious interior
ence in the case and requested that the
| federal authorities be notified of the con-
sul's acts so that necessary diplomatic cor
respondence be commenced for his removal.
Enridgio Medina, the accusing party, was
thenlgiven the floor and testified that Cut
ting had DETAINED his character. For this
hehad Cutting cited by the court for recog-
milton. AS the result of this Cutting prom
ised to publish four times in both English
and Spanish a retractiOn. He had broken
his word by having omitted the Spanish YER
sion and for giving the English in bad faith,
and made the accused to appear articles
more offensive than the first In FL PasO in
the Sunday Herald of June 90 one in Span
ish, another in English, retracting the for
Iner charges only because he was forced to
before the Mexican Judge. The witness said
his interests suffered grave damage so that
he would be unable to longer continue III
business, therefore he supplicated the judges
to name two persons TO fix the damage
caused by said Cutting as an equitable way
to settlement on his part.
Senior Jesus Galata, attorney for Cutting,
took the floor and argued that the former
action ended the claim of Medina; that he
was justly responsible for the conduct of the
prisoner since. He said that Cutting did
not voluntarily break any Mexican laws
that is why he went so far away TO publish
his cards; that if the offense was punishable
there were many circumstances to make II
as light as possible.
The Judge then pronounced him guilty,
and the court adjourned. The Judge has If
teen days to pronounce sentence IN.
Sentence has been pronounced on Cut
ting. 1t is one year imprisonment at hard
labor and 5000 fine. II he can not pay the
fine he will have to serve 100 days longer
Medina, who caused all the trouble, ha:
, leave to sue Cutting IN a civil suit for dam
ages The question of censurlng American
| Consul Brigham, and asking for his remOva
is referred to the supreme court At ChlhUa
hua. Cutting will probably be hurried OF K
prison at Chihuahua to- night.
: Ell PAsO. TEX. August 9.-EdltOr Cutting
received information yesterday that be wO1lC
{ be taken to Chihuahua. Ii was feared tina
81 he would be masSacred on some pTetext j
I friends have busted themselves IN his behalf
: The following telegram was sent by TIT
2 prisoner TO Governor Ireland, OF Texas:
, LAS a citizen of Texas | ask of yOu tht
! protection that my friends assure me yo1
{ can and will extend.
/ (Slgnedl \. n. CUTTING
! Secretary Bayard says that no ultimatuu
: has been sent TO Mexico. The only arm.
} orders in connection with the Mexican trou
= BILE came from the west, saying that addl
tional troops had been sent 20 dlsarm tn
= revolutionist, Who had crossed into Texas
/ Ell PAso. Tex. August 10.-Everything /
I very quiet. What little excitement prevail
o does not come 10 the surface. The Imme
\ date cause for this tranquil state OF affair
: Is the exchange of views had last evening b
r the municipal authorities OF Pas0 Del Mort
u and this place. Both sides have additions
;. police officers on duty, and any rash &C. vi
# be readily suppressed. Cutting i still i
i, iaI, and the time for starting 10 Chlh1ahu
r has not been made known. The absence O
Z any Washington news this morning relatIT
d to international complications causes grea
II anxiety among many. II l. reported tbs
y many Mexican troops are endelvorlng I
4 desert. but their officers watch them Yer
. closely. FL Paso has three volunteer CON
= panies, fully armed and EQUIPPED with III
n best fire arms, contributed oy local mel