Savannah morning news. [volume] (Savannah) 1868-1887, 1886-08-07
rTTTING GIVEN A TRIAL.
SENTENCE NOT YET PRO
NOUNCED BY THE JUDGE.

r,o oPrtsOuer Declines to Recognize the
I,r,adiction of the Court ana Refuses
- nsuesk-Medina claims to Have Been
prired in Business by the Publica-
tons.
Fl PAso, Tex, Aug. 6.-The trial of
Editor Cutting was set for 10 O'Clock
yesterday morning, and at that hour the
MEXICAN authorities of the court, Judge
n Letters Senior Miguel SaDbida; his
cerk and official interpreter, Louis Dau-
trks; the complainant, Eungdio Medina;
Consul Brigham and clerks, the prisoner
ond a Jew Americans, and Mexican citi-
spps and representatives of the Ell Paso
nress. assembled in the small court room,
mrnished with two tables and a few
chairs. At l O'Clock Prosecuting At
torpev J, Nj. Sierra and Jesus K. Yslas,
attorney for the defense, announced that
thew were ready for the trial. On the
onening of the court Judge Sabbida asked
the interpreter to read all the proceedings
and documents in the case.
MEDINA's AFFIDAvITS.
Among them were Medina'S aftidavits
charging Editor Cutting with failure to
carry out the reconciliation made before
the Mexican court in regard to the publi-
cation in his Paso del Norte paper by i'm
mediately causing to be published in the
El Paso Sunday Herald a repetition of
the article.
Tue second affidavit of Medina charges
Cutting with having caused to be circu-
lated over ten copies of that paper in Paso
del NOrte aud alleges that his malicious
Intention was made plain because his de-
lamatOry card appeared both in Spanish
and English, while the Herald usually
published nothing but English.
READING THE MINUTES.
Then the order of the Judge TO recover
all copies of the Herald containing said
article so circulated was read, followed
by written minutes OF the court from day
to day, embracing the time from Cuttings
first appearance before the court to the
DAY and hour of the situng. Then came the
original charge of libelling a Mexican citi-
zen, Medina, in the Sunday Herald, a paper
published at Ell Paso, Texas. Medina had
fled as evidence against the prisoner the
act of conoiliation previously signed by
both, copies of the Herald and the report
Of an interview held with the prisoner by
representative of another local paper.
CUTTINGS DEFENSE,
One part of the court minutes stated that
Cutting at II O'Clock at night, when told
thathe 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 United States troops from Fort Davis
would immediately arrive to hberate him
by force. The minutes 90 on TO state how
several persons had been appointed by
the court to defend Cutting against his
will, and how all these had declined until
Jesus Z. Yslas had accepted the task.
THE LAWS OF TEXAS.
Then follows the Introduction of the
laws of the State of Texas applicable in
the case, as the Offense was conceded to
have been committed in Texas. When
. the reading was finished Cutting was
4 asked If all was satisfactory to him. He
replied that he could not cOuntenance the
proceedings, as he considered the court
4 without Jurisdiction in the case. The
4 officials then signitled their approval of
A the contents of the minutes, and argu-
nents were declared in order.
Jose Maria Sierra, the prosecuting at
4 torney, then 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.
THE POINT AT ISSUE.
A He said the case hinged upon a written
agreement between Medina and Cutting,
called an act of reconciliation, which was
broken, and made void by the publication
0tCuttlng's articles in the Ell Paso Sum
uay Herald; that Cuttings breach of con-
tract gave Medina perfect right to con-
tlnUe his case against the prisoner, and
IN support OF this view, he quoted article
4 Go0 and section Of article 657 of the Mex
Ican code. He declared that Cutting was
hoI an ignorant man, but had repeatedly
acted In direct opposition to the act of
conclliation, as the publication of the in
WrVlews with the prisoner in the Ell Paso
papers proved.
NO CLEMENCY MERITED.
ne also declared that the prisoner
meIIted no clemency. because his crime
"aS worse than II he were ignorant, or,
.saIzing Its gravity, had sought TO make
amehus instead OF constantly reiterating
TTs attacks upon Medina in interviews.
ate nhe prisoner had made an investigation
'Ie case difficult by refusing to answer
ue Judge and this was an aggravatlng 4
GItUihslanoe in the case. while the result
DI nls CRIME has been to terrorize the peo-
pe ol lhls vicinity, disturbing society aud
wa", iears OF revolution and probably
s,, o., an these were aggravating circum-
'9lces and crimes in themselves.
JURIsDICTIoN OF THE COURT.
N9.euons l and 4 Of article 1856 of the
e%can law gave the court Jurisdiction,
Ss Sau lue counsel characterized the offense
i, urine because it was also punishable
i'eaAss, as the quoted law of Texas
wpV'uto, by Imprisonment of from six
so0S Ans 70 TWO years, or by fine OF from
A caII, ~ $1,000, He concluded by
H'ns Ho attention to article 66 OF
INV penal code, when defines
sea sentence in such serious cases,
t~o asked the court that sentence OF
cars imprisonment at hard labor be
'~p'sed upon the prisoner.
OVERLAPPING HIS BOUNDS.
Coaeu Ce requested the court 70 censure
leraouuI brigham Tor his oficious inter-
Fedro III lhe case, ana also that the
Cone,i, authorities be notified of the
II 6inio"Is acts, so that the necessary
N new moI'ouc s. correspondence for his re-
Mpi No., might be commenced.
pvo,' v,ul1s, The accusing party, was then
tn. tn tle noor, and testified that Cut
A rsIau nau DETAINED his character in his
c,tpd on June 6. For this be had him
re.ni, - t1e court for recognition. The
. ionnt3ol VI thls was that Cutting promised
spspoioi.sh lour times in both I'm nglish and
SP'Hish a retractlon.
CufTING's ALLEGED BAD FAITH.
fraH mas mas broken his word, as is evident
bayin,. uinDer sixteen OF vi sentinel, by
relran,lnlt united the Spanish version OF his
lA6i tn, and by having given the Eng.
Dd". poor form, omitting capital letters
~" using very nanr t,,u, 81 z..f.,ua.s