Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1886-08-12
EDITOR CUTTING.
A Brief History of the Bad scrape which
is Causing a Good Deal Of Excitement.

The decision of the Ell Paso Judge be-
fore whom A. K. Cutting has been tried.
says the New York Sun in no respect al
tiers the international bearing of the case.
The United States can have no dealings
either with the executive or the judiciary
of the State of chihuahua. This country
will not derive its interpretations of inter
national law from the mouth Of q petty,
local Mexican magistrate. Should It turn
that no international rights have been vi.
olated in the arrest and Imprisonment Of
the American editor, the decision of
Judge Sabbida will doubtless have a GER
tain degree Of Importance. But il the
supposition on which Mr.. Bayard has
made his demand for the release of the
prisoner be correct, the account will be
settled with the Mexican Government,
and this trial will be of no weight what
ever in Its determination.
The judicial proceedings, nevertheless,
udNC NtilHcu Will Cllu lhdDlC CAhCtituuC
what has already been evident from the
diplomatic negotiations and popular re-
port. 1t is shown in the trial that Cut
ting. who had taken up his residence in
the Mexican town of Ell Paso del Norte,
and had published a newspaper there, on
hearing that one intended to publish an.
other newspaper declared that this new
comer's object was to swindle advertisers.
This was defamation of character; and
Madina had Cutting brought before a
court, where he pledged himself on oath
TO publish a retraction. Unless he had
effected this arrangement he would have
been liable to severe penalties, including
pecuniary indemnity to Medina, so that
he was mercifully dealt with. He pub.
lished his retraction, but Immediately yi0-
lated the spirit if not the letter OF his a.
greement by directly and formally reiter-
ating his previous defamation in the Ell
Paso Herald just across the river. The
two cities, having substantially the same
name, and both being inhabited by peo
pie of American and Mexican birth, are
not half a gunshot apart, and are connect
ed by O horse railroad. To make sure,
however, that publication in one city
should be publication in the other, Gut
ting bargaincd to have his repetition Of
the libel published both in Spanish and
English, although English is the Ian
guage of the Herald; and it was further
in proof that this article was circulated
on the Mexican side Of the river, and as
alleged, by the special procurement of
Cutting.
Whatever may be the upshot of this af-
fair, it is clear that Mr.. Cutting was en-
gagged in q disreputablc and sneaking
business, and that he cannot pose as the
great American martyr. All the compa-
mics Of volunteers raised from PASSPORT to
Point Isabel, and offered to the Govern
ment for the special purpose of stacking
arms in the halls of the Montezumas, can
not obscure the fact that Cutting in spirit,
if not in the letter, violated the express
pledge which he signed to make repara-
ton to the rival whom, for business pur-
poses, he had libeled.
Cutting seems to have been very feebly
defended in the trial; but if so, this was
his own fault, or perhaps rather his de-
sire. He refused release on bail, and eX.
pltobcu tuc COuNlCtlOu tldt uc WOulu ue
rescued by a column Of United States sold.
iers. With the same ambitious aspira-
tons he refused to defend HIMSELF in court
and it is accordingly not surprising
that attorney after attorney declined the
Judges appointment to serve as attorney
who was bent on ignoring them. Finally
however, a young lawyer undertook the
ungracious task, and he seems to have
been completely floored by the citation Of
MEXICAN statutes showing that If Cutting
violated his oath of reparation he could
then be proceeded against under the orig.
inal offense and be found guilty; and also
by evidence that he had broken the slip
ulation with the court, in the retractior
published in his own newspaper, by omit
ing the Spanish version, which was the
most important, while Intentionally les
sening the effect even of the English by
typographical devices.
All this, nevertheless, has little relation
to the international view of the case. Mr.
Bayard has made a demand for the i'm
mediate release Of the prisoner, and, Who'll
ly apart from the law points involved, II
seems likely that President Diaz will com
ply with the demand.