The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1886-08-14
CUT TING CONVICTED.

still Declines TO Recognize the NoutA-- |
Awaiting Sentence.
Ell PAso, Tex, August G.-The trial Of |
Editor Cutting began yesterday. The
Judge Of Letters, Senior Miguel Sabbida;
his clerk; the official Interpreter, Louis
Dantinko; the plaintiff, Endrdgio Me-
dina, Consul Brigham and clerks, the
prisoner and a few American and Next |
can citizens and representatives of the
Ell Paso press assembled in the small
courtroom, furnished with two tables
and a few chairs. At one o'clock Prose-
cutting Attorney J. NJ. Sierra and Jesus
| L. Yslasa, attorney for the defense, an
nounced that they were ready for trial.
The Interpreter read all the pro-
ceedugs and documents in the case.
Among them were McGina's affidavit
| charging Cutting with failure to carry out
the reconciliation made before the MeXi-
can court in regard to the publication
| in Ell CentiReid by Immediately causing
to be published in the Sunday Herald, OF
I'll Paso, repetition of the offense; then
a second affidavit from Medina, charging
that Cutting had circulated over ten
copies of that paper in Paso del Norte,
and alleging that his malicious intention
was made plain, because Cuttings de-
tamatory card appeared in both Spanish
and English, while the Herald usually
published nothing but English. Then
followed the order of the judge. He re-
covered all copies of the Herald con-
tanning said articles so circulated. Then
the written minutes Of the court from
dav to dav were read, embracing the time
when Cutting first appeared before the
court till the day and hour of the sitting.
Then came the original charge of libeling
q Mexican citizen, Medina, in the SuR-
dag Herald, paper published in lei Paso,
Tex. Medina had filed as evidence
against the prisoner the act of concilia-
ton previously signed by both, copies of
the Herald ana an interview had with the
prisoner by another local paper. One
part of the court minutes said:
Cutting at eleven o'clock at night, when he
was told he might give bond answered that
he would not give bond, but that his case
WAS in the hands of his Government, and
that If the demand for his release was not
obeyed at once, the United States troops
from Fort Davis would at once arrive and
liberate him by force.
Jose Marie Sierra, prosecuting attor-
ney, took the floor and delivered his
argument, stopping only to quote from
law books such articles and paragraphs
as were referred to in his speech. He
said that the case hinged upon the writ
ten agreement between Medina and Cut
ting, called an act of reconciliation,
which was broken and made void by the
publication made by Cutting in the FL
, Paso Herald; that his breach Of contract
gave Medina a perfect right to continue
his case against the prisoner, and he
quoted article 65G and section
| 8, article 557, Mexican Code in
support of this view. He
said that Cutting was not an ignorant
man, but had repeatedly acted in direct
opposition to the act of Cancellation, as
the publication of interviews with the
prisoner in Ell Paso papers proved and
the prisoner merited no clemency because
his crime was worse than if he were igno-
rant or had acknowledged its gravity and
tried to make amends instead of con-
stantly reilerating his attacks against
Medina in interviews. The prisoner had
made investigation OF the case difficult
by refusing to answer the judge, and this
was an aggravating circumstance
in the case. The result of his crime
had been TO terrorize the people of this
vicinity, disturbing society, causing fear
of revolution and probably war. All
these were aggravatng circumstances
; and crimes in themselves. Sections |
and 4, article 1856, Me&ican law, gave the
court jurisdiction, and he charaCterizes
The offenSe as a crime because it was
also punishable in Texas, as in the quot
ed law of Texas, which specified i'm
prisonment from six months to two wears,
or a fine Of from $500 to $4,000. He
concluded by calling attention to article
&C of the penal code, defining sentence in
such serious cases, and asking the Court
for term of two years Imprisonment at
hard labor against the prisoner. He then
asked the Court TO ccnSure Consul Brig
, ham for his oficious interference in the
case, and requested that the Federal au.
lholit es be notified OF the COnsuPs acts
so that necessary diplomatic correspond
ence be commenced for his removal.
, Enridgio Medina, the accusing party,
was then given the floor, and testified
that Cutting had DETAINED his character
= in Ell Centinela on June 6. For this he
r had Cutting cited by the court for recOg-
| nlllOn. Inc TeSulJ Vi lllS was JHdb NuI-
ting promised to publish four times in
both English and Spanish, retraction.
He had broken his word, as was evident
from No. lG, of FL Centineld by having
omitted the Spanish version and for CIV
ing the English in bad faith, emitting
capital letters and using very small type,
and not satisfied with "burleSquing my
good faith and his oath, he caused to APP
pear two articles more offensive than the
first in FL PaSo in the Sunday Herald
, of June 20, one in Span
i>h and the other in English, reiteratina
. his former charge and claiming that he haC
retracted only because he was forced be
, fore a Mexican Judge, and Cutting, not
satisfied with the harm done my reputa
ton and my business, has said in an in
teyiew with a Tribune reporter, that
, AM a fraud and dead -beat;' that this haC
always been his opinion of my newspape
enterprise, and for this reason he pub
lishcd it,"
SenouJeSus Yslasa, attorney for Cult
ing, then took the floor. He argued tina
the former action ended the clam o
Medina; that he was Justly responsible,
3 ! - ba q ka hn