Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-08-07
EDITOR CUTTING.
urs TRIAL AND CONVICTION BEFORE
A MEXICAN COURT.
sse Aeeu,.d Denies Jurisdietion-Ine
complainasrs Afidaviss-Afsa'
ment Of Counsel.
Try telegraph TO the D,spaseh.I

she Mexican authorities Of the court,
Judce-ot.fe,ters Sehor Miguel Sab
b;ds. his clerk, Onicial.Interpreter
Louis Dautin, Complainant Eungdio
Medips, Consul Brigham and clerks,
tbe prisoner. and few Americans and
Mexican citizens ard representatives OF
the II paso press assembled in the
small courtroom. furnished with two
tables ard q few chairs. At o'clock
The prosecuting attorney, J. NJ. Sierra,
and Jesus y. Yslss, attorney for the
defence, announced that they were
ready for the trial.
On the opening Of the court Judge
Ssbbida asked the interpreter to read
AL the proceedings and documents 10
the case. Among them were Medinss
affidavit charging Editor Cutting with
failure to carry out tho reconciliation
made before the Mexican court In re-
gard 10 the publication in his Psso del
Korte Paper by immediately causing to
be published 10 the FL Paso Sunday
Herald . repetition OF tho article. The
second affidavit OF Medina charges Cut
ting with having caused TO be circulated
over ten copies Of that paper in Psso
Del Norte, and alleges his mali
cious intention was made plain
because bis defsmatory card APP
pesred both in Spanish and Enghsh,
while the Herald usually published
nothing but English. Tbon the order
of the Judge 10 recover ali copies OF the
Herald containing said article 50 circd-
lated was read, followed by the written
minutes of the court from day TO day,
embracing the time from Cuttings first
appearance before the court 70 the day
and hour Of selling. Then came the
original charge of libelling the Mexican
citizen Medina in the Sunday Herald,
u.per published at III Psso, Tex. Me-
dina had fled as evidence against the
prisoner the act OF Cancellation pre-
viously signed by both, copies Of the
Herald, and the report of an interview
held with the prisoner by representa-
tive Of another local paper. One
mart of the court minutes stated
that Cutting, at ii O'Clock at night,
when told that he might give bond,
answered that he would not do so
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 immediately arrive to hberate
him by force. The minutes go on to
state how several persons had been ap-
pointed by the Court to defend Out
ting against his will, and how all these had
declined, until Jesus E. Yslas had
accepted the task. Then follows the
introduction of the laws Of the State of
Texss applicable in the case, as the Of
fence was conceded TO have been
committed in Texas. When the read
irg was finished Cutting was asked If
ali was satisfactory to him. lie replied
that he could not countenance the pro-
ceedings, as be considered the court
without jurisdiction in the case. The
officials then sigDihed their approval Of
The contents Of the minutes, and argu-
nen,s were declared in order.
Jose Maria Sierra, prosecuting sttor-
ney, then took the floor and delivered
his argument, stopping only to quote
from lav-books such articles and para
graphs as were referred to in his speech.
lie said the case hinged upon tho writ
ten agreement between Medina and Cut
ting, called an act Of reconciliation,
which WAS broken and made void by
the publication Of Cuttings articles in the
FL Paso Sunday Herald that Cuttings
breach of contract gave Medina perfect
right to continue his case against the
prisoner, and in support Of this view he
quoted Article CSC and section 5 Of
Article G57 Of the Mexican Code. lie
declared that Cutting was not an igno-
rant man, but had repeatedly acted in
direct opposition TO tbs act Of concilia-
ton, as the publication Of interviews
with the prisoner in the FL Paso papers
proved, and that the prisoner merited
no olemency, because his crime was
worse than If he were ignorant, or, re-
alizing its gravity had sought to make
amends instead of constantly reiteratinS
bis attacks upon Medina IN the inter
views. The prisoner had made inyes-
ugstion Of the case difficult by refusing
to answer the judge, and this was an
aegrayaling circumstance IN the case.
The result of his crime has been to ter
Iorize the people of this vicinity, dis
tubing society and causing the fear OF
a revolution, and probably war. All
these we're aggrayatiDg circumstances
and crimes in themselves. Sections |
and Of Article lS0 Of the Mexican
law gave the Court jurisdiction, and the
counsel characterized the offence as
crime because 1t was also punishable in
Texas, ss the quoted Law OF Texas speci-
fed, by imprisonment for six months to
t. years, or q fine of from $500 to
$4,000.
lie concluded by calling attention to
Article &C of the Penal Code, which
defines che sentence in such serious
cases, and asked the Court that a SEN
tence Of two years Imprisonment at
bard labor be imposed upon the pri-
soner. lie requested the Court to CEN
sure Consul Brigham for his oihclous
interference in the case, and also that
the Federal authorities be notified OF
The Consul's acts, 40 that necessary
diplomatic correspondence for his 10
mOyM might be commenced.
Mendina, the accusing party, vas
then given the floor, ana testified that
Cutting had DETAINED his character in his
paper on June 9th. For this he had
him cited by the Court for recognition.
The result Of this was that Cutting
promised to publish four times in both
English and Spanish retrschon. lie
has broken his word, as is evident from
TO. l6 of FL Ssatinei, by having
omitted the Spanish version OF his re-
traction and by having given the Eng