Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1886-08-19
OFFICIALLY DEFINED.
The Mexican Government Organ Discuss,
trio Decision or the Court In the Cuttti

The Mexican Government Organ biscusssi
Case.
CRY OF Msxtc0, Aug. 14.-The Diaris
Official. the Government organ, to-day con.
tains important documents resasalig thu
Cutting case lnrlhaihg the full text of tho
decision Of Judge Zubia, at Paso del Norte,
which show clearly and Enthusiastically that
the court held Cutting for a crime begun on
Mexican soil and continued simultaneously
In Texas and Mexico This pitts 4 ',e1
phase ON the case, as Il Shows Judge Eubia
regarded the se.o as one continuous act
1r passing sentence on Cutting the Judge
said the basis Of the criminal protecting
against the defshnaaant was the first proof be-
:ofe him that he committed an offense classed
as crime by law, evidence of which was
afforded beyond doubt ~ lie publication
which appeared in the Ell Centinella, on
tune 6 last, paper published on Mexican
soil; secondly, that, although it was tr'ie
there was an act Of Cancellation which
would have satisfied the offended party lad
1t been complied with, it was also TRUE the
act of conciliation was not fulfilled, and
therefore the crime still stands. The third
proof of the lack of compliance with the
aim OF Cancellation il found In the commit
nication printed by Cutting in the Ell Paso
Sunday Herald, in which he renews his de.
famatofy charges against Medina, and at
the same time publishes an 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
hewal of tile charges does not constitute
new offense, bu. is a confirmation of pre-
viOus charges. fifth-That this be-
Ing 60. the criminal responsibility of Cut
ting arose from the publication in Ell Cen
tinela, which was renewed in Texas pa
per. his renewal or ratification not conSti-
tuting a new crime which should be pun
ished with a different penalty than that
which corresponds 10 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 Catting had In Paso del NUrte
copies of tile Ell PasO 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 c0nsummation of the crime, &C
cOrding to the penal code. Judge Zubia
lays special emphasis on the fact that Cut
ting actually circulated OH Mexican soil his
renewal of the libel published in Texas, is
the offense, and, We're the case reversed it
would be punishable under the present code
in Texas. A. p. Gushing. an American
lawyer, SIMS up ,Zubia's decision thus:
Cutting was convicted of repetition Of
libel first published in Mexico and re-
printed more virulently in Texas, which he
then brought over and distributed in Mexico
and it was the distribution in Mexico of the
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 as put
ting the case out of International contro-
versy.
NO ENVOY SENT,
WASHINGTON, Aug. 14.-Secretary Bay
ard said yesterday, in response to an in
quiry of the truth in regard to the pub
lishrd report that special envoy was to be
sent from Washington to Mexico to confer
" it'll the legal authorities of that country as
to the proper in expectation of the Mexican
law under which Cutting is held, that there
is nothing new in regard to Mexican mat
tiers. The report, however, was denied EN-
phaticaliy by other officers of the depart
ment. Assistant Secretary Porter. in deny
ing the truth of the report, said no such de-
cison as that indicated by the published re-
port has been reached, and no envoy will
be sent from Washington.