The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1886-08-12
A Mexican Judge Says Cutting il
Guilty.
The Court Adjourns Before the Son
tenoe is Passed.
The Prosecuting Attorney Wants Con
sui Brigham Censured,
And Asks that Correspondence be
Opened for His Removal.
The Court Goes Against Cutting.


Ell PAso. Texas, Aug. 6.-The trial Of
Editor Cutting began yesterday and the
proceedings and documents in the case
were read. Among them were MedinA's
affldaVits charging Cutting with failure
TO carry out q reconciliation made before
a Mexican court in regard to publica-
ton. A second affidsvitfrom Medina was
read charging that Cutting had circulated
over ten copies Of that paper in FL PGso.
When the reading was finished Cutting
vas asked if all was satisfactory to him.
He replied that he could not countenance
the proceedings, as he considered the
court without jurisdiction in the case.
Other officials signi6ed their approval
aad argument was declared IN order.
Jose Marie Sierra, prosecuting attorney,
took the floor and delivered his argument.
The case hinged upon 8 written agree
ment between Medina and Cutting, called
an act of of reconciliation, which was
broken and made void by q publication
made by Cutting in the FL Paso Herald,
and that his breach of the contract gave
| Medina perfect right to continue the case
against the prisoner. Cutting was not
an ignorant man, but had
repeatedly acted in direct opposition to the
act of the Cancellation. The prisoner had
made an investigation of the case difficult
by refusing to answer the judge. This
was an aggravatisg Circumstance in the
case. as the re suit OF his crime had been 70
| teTrorize people, disturb Jc1ety and caus-
ing fear OF q revolution and probably war
All these were aggraVating circumstances
| and crimes in themselves. The Mexican
law gave the court jurisdiction and he
characterized the Cffense as q crime be
cause it was also punishable in Texas. He
concluded y calling attention to article
| sc of the penal code defining sentence N
| such serious cases, and asked the court Ia
censure Consul Brigham for his of1cIous
interference in the case, and Tequt sted
| that the federal authorities be notified o.
the ccnsul's acts so that the necessary d..
plomatic correspondence could be com
menced for his removal.
Enridgio Medina, the accusing party
| was then given the floor. He testified
| that Cutting had DETAINED his character
and for this had Cutting cited by the
court for recognition. AS q result of this
| Cutting promised TO publish four times in
both English and Spanish q retraction.
| de had broken his word by having omit.
ted the Spanish version and for giving the
English in bad faith and caused him TO
appear in articles more offensive than the
first in FL Paso. In the Sunday Herald OF
June Goth, one in Spanish and the other
In English, was an article reIterating tine
former charge only because he was forced
to go before Mexican judge. Witness
| 5 lid his interests had suffered a grave
damage, 80 that he would be unable to
longer continue in business, and therefore
suppllcated the judge to name two per-
sons to fix the damage caused by said Cut
ting as an equitable way TO a settlement
on his part
Senior Jesus Galasa, attorney for Cut.
ting, took the floor and argued that the
former action ended the claim of Medina
and that Cutting did not voluntarily break
any of the Mexican laws. and that is why
he went so far as to publish his card, but
that If the offense was punishable there
were many circumstances to make it light
as possible.
Cutting was then offered the floor, but
simply stated that he could not recognize
that, as the case was in the hands of his
government. The judge then pronounced
him guilty and the court adjourned. The
judge has fifteen days to pronounce sen.
tence IN.