Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1886-08-19
THECUTTING CONTROVERSY.
Gen. Sedgewick Goes to Mexico With
Authority to Investigate.
The Mexican Minister OF Foreign re.
Iations Writes the Mexican
Minister at Washington.

A Washington dispatch Of August 18th says:
A high State Department official denies the
rumor that Germany is encouraging. Mexico
in refusing to accede to Secretary Bayarps
demand for the release Of Cutting. Germany
has always supported the Monroe doctrine,
and knows the United States would never
submit French protection over the Isthmus.
To prevent that Germany has only to side
with the Quilted States, and that will be her
course.
At the State Department 1t Ia said that there
are no developments, but that the progress OF
the Diplomatic correspondence and negotia-
tions are entirely satisfactory.
Hon. j. W. Foster, who has been our minis
ter to Spain, Mexico and Russia, says the i'm
portance OF Cuttings case has been exagger-
ated. He had taken up residence in Mexico
and subjected himself to the law of the coun-
try. He crossed the river to utter a libel and
then went back to his Mexican domlcile again.
Writers on the international law do not agree
that under such circumstances a man can
not be tried for an offense committed outside
of the country. italy, France and Belgium
have legal provisions like that of Mexico, that
an offense committed outside the country is
punishable within the country. Hence Mexico
has some precedent for her claim in this mat
ter. The case is not properly an international
one, but should lead to eventual modification
of the laws complained.
Ell PAso, Aug 11.-An American newspa-
per correspondent in company with Sam Field,
a well known citizen OF Dallas, saw Cutting
in jail at Paso Del Norte yesterday. 81 asked
him." he says, particularly as to his alleged
circulation personally in Mexico OF the article
complained of. He replied: upon going
over to the Mexican side on the morning Of
publication, had in my pocket copy of the
paper, Ell Sentinel. i entered a corner cafe,
kept by friend Of mine, and casually ha0d-
cd him the paper, the only one had. This Is
all did, and is the very truth as to the story
Of my circulating great numbers OF the papers
In Paso Del Norte.' i asked Cutting II he in
tended to appeal his case to the Supreme
Court Of Chihaubau. He said his attorney,
young Mexican student just out OF the law
school, had determined to do so.
CITY OF MEXICO (via Galveston,) Aug.
13-The Diario, official government organ, to-
day contains important documents regard
ing the Cutting case, including the full text
of the decision Of Judge Zubia at Paso del
Norte, which shows clearly and unmistaka-
bly, that the court held Cutting for a crime
begun on Mexican soil and continued simulta-
neously in Texas and Mexico. This puts new
phase on the case, as it shows that Judge Zu-
bia regar led the case as a continuous act. In
passing the sentence on Cutting, the Judge
said that the basis of the criminal proceeding
th, J,en A., Al t,,t hn
fore him that he committed the offensc classed
rs crime by law, evidence of which was offered
beyond dispute by publication which appear
ed in FL Centinela, on June 9th last in
paper published on Mexican soil. Secondly,
that although it was true act of con-
Citation which would have satisfied the
Tended party had 1t been complied with. 1t
was also that this act of Cancellation was not
fulfilled and therefore the crime still stands.
Third. The proof Of lack of compliance with
the act Of Cancellation is found in the commu-
cation printed by Cutting in the Ell Paso Sun
day Herald, in which he rrnews his defama-
tory charges against Medina, and at the same
time publishes an article in the Ell Centinell.,
on Mexican soil, in which he suppresses capt.
tai letters and puts the name of Medina
ing difficult. A renewal Of the charges does
not constitute a new offense but is the con-
irmation of the previous charges. Fifth.
That this being so criminal the responsibility
Of Cutting arose from the publication In the
Ell Centinella, which was renewed in Texas
paper. His renewal or ratification not consti-
tuting a new crime which should be punished
with different penalty than that which cor
responds to the first publication. The Judge
further says, even supposng without conced-
ing II that the crime Of defamation had been
committed in Texas, the fact that Cutting had
In Ell Paso Del Del Norte papers, copies Of the
Sunday Herald of which Medina complained,
which were by order of the court seized on
the premises rof Cutting ION Mexican soil
constituted properly the consummation of
crime according to penal code. Judge Zubia
lays emphasis on the fact that Cutting actu al
Iy circulated on Mexican soil his renewal Of
the libel published in Texas is offensive, and
were the case reversed would be punishable
under the present code In Texas.
A. P. Cushing an American lawyer, sums
up Zubia's decision thus: Cutting was con-
victed of repetition of the libel first pub
lished in Mexico and reprinted virulently in
Texas papers which he then brought over and
distributed in Mexico and it was the distribu
ton Of libel and not printing the same In
Texas for which he was convicted, the libel
having been read by three hundred or more
persons as is required by the State Of Chihua-
hua. Cutting pleaded in the bar to the juris-
dction and the Mexican Court and that the
paper had been printed in Texas He did not
however, deny that the paper had been circu-
lated on the Mexican side, which was fact,
numerous copies having been seized there by
order of the court This aspect Of the case
takes away the phase of conflict of law of the
two countries.
The publication of the full text of Judge
Zubia's decision is regarded here as putting
the case out of International controversy.
WASHINGTON, Aug. 14.-It can now be
authoritvlly stated that Sedgewick, of New
York, goes to Paso Del Norte and Chihuahua
by request OF Secretary Bayard and in con-
nection with the Cutting case, to secure for
the State Department fuller information in
regard to the case. The records of the Mexi-
can courts are not published as are those Of
this country, and the usual diplomatic chan
nels through which they would naturally
be sought, are roundabout and slow, owing
to the distance between the scene of the trial
and the capital General Sedgewck, In ad-
dition to securing records, will look up all the
facts in the case and study its legal features,
reporting fully, and as early as possible, to
the Secretary. No further steps are contem-
plated by the Department until General Sedge'
wick shall report
CITY OF Mexico, Aug. 4-The Minister OF
Foreign Relations, Senior Marshal, has ad-
dressed a communication under date of the
18th instant, to Minister Romero, at Washing
ton, giving review of all the legal points
In the Cutting controversy. The communities
ton draws attention to the inexactitude OF
some of Secretary Bayard's statements, due
no doubt, it says, TO unreliable information
| given him by interested and excited persons.
| The prosecution Of Cutting did not originate
with the judge as stated by Bayard, but was
| the result Of the offended party's complaint In
| due form. Again, Cutting was not only re-
| fused legal assistance, but was provided with
counsel, he refusing to employ lawyer. The
communication enters at length into the ques'
| ton OF jurisdiction and cites numerous
authorities including Wheaton end Other