Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1886-08-15
TIE cI,rrING CONTROVERSY

While the noise and buster Ot those
who are clamOring Tor a war with Mexico,
20 on, the real facts in the case are bccom-
ing better understood. 1t will he rcmem-
bered that after CUTTING had resided
eighteen months in plSo del Norte hcpub-
Hshed the libel on man named MEDINA,
who was trying to cstabliSha paper, saying
that his scheme was only intended rs 4
swindle For this he was arrested and
forced to publish 4 rrtraction. But he
forthwith crossed into FL paSo, Texas, and
published the following card and distrib-
uted, ~ is claimed by the Mexican gov
eminent, copies OF the paper in n:rSo del
NOrtc:
r. PA~u. TEX. June IS, ISSG.
To EaiFiio Medina, Of Plso Del Nortc:
Ina Int. fss,l of ~ U,Islll,ll, published in PaN
del Nnrte Mexico, I made the assertion that
Emig,liO Medina was a fraud and that the
Spanish newspaper he proposed t. issue ln f''s"
del NOrte was scheme Ia SWinutc alNSgllNttN'
&c This morning said Medina tuoS the matter
10 Mexican court, where was forced To sign u
reconciliation.
Now. 10 hereby rritrratc my original aSscr-
ton that said Emgliu Medina IS u fraud, aud
ada dead. beat to the sInr2 AlSn, that his
taking advantage Ot the Mexican law ami forcing
me 10 "A reconciliation Was contemplate and
cOWartllv and In keeping with the uiorpt> rvpu-
ration al said Emig,liO Medina. And should
Emigiio Medina desire American satisfaction
for this reitrrutiou, will De- pleased Ia grant him
all he may desire, al any time, in any manner.
\. X. CUTTING.
After this he was again arrested and
brought to trial. Here is something from
the charge OF Judge ZUBA, in whose court
CUTTING WAS convicted, that puts new
phase upon the question
The basis Of the criminal proceeding againS,
the defendant WAS, INST proof before him that he
committed an OlCuSC claSSet sLS a crime by law,
evidence of which WAS offered beyond dispute by
the publication which appeared IN ~ trHttctI
ON June . last, a paper published on Mexican
soil.
Second-That. although il was true there was
an act Of cancellation which would have satisfied
the offended party had 10 been complied with, u
was also true that this act OF Cancellation was not
fulfilled and therefore the crime still stands.
Thiul-PrOOfOt lack of compliance with the
act OF Cancellation i found in the communication
printed by Cutting I'm the FL PaSO sunday LisrIid,
In which he TcucwS his dciamatOry charges
against Medina, ami at the same time publishes
an article in ~ Gl'tnsht, On Mexican soil. in
when NJ SUPPRESS ttAASiH anu puts tue
name Of Medina in microscopic type in order TO
make its reading difficult
FOurth-The renewal Of charges does not con
Stltute new OfenSe but is 4 confirmation Of the
previous changes.
Finh-That this being ~, the criminal reSpOn-
sibility of Cutting arose from the publication in
EI CSaiiasid, which was renewed in a Texas pa
per- his renewal or ratification not constituting u
new crime. which should be punished with n diff
ferent penalty than that which corresponds TO
the frSt publication.
From this ii will be seen that Cutting is
held for the original libel published in his
paper, the H CeatiHela, and the publication
of q card in Texas and its distribution in
Mexico are only evidence that his retrac-
ton WAS not sincere and that his ''coneilia-
ton" had not been complied with. The
Mexican court could have convicted Cut
ting without taking eOgnizanee Of Cut
ting'sae in Texas, and there would have