The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-14
The Cutting Case

The Cutting Case.
DESyER, August lS.-El Paso special. |
Congress ran Lanhsm is in FL Paso on
private business, but he has taken the
opportunity to inform himself |
thoroughly of all the particulars con-
nected with the now celebrated Cutting
case. He called on Consul Brigham
and also upon the prisoner at the jail.
and had long conversation with them,
he wanted to thoroughly inform him
self about the whole case before he
ventured upon talking about, or giving
his own opinion. Mr.. Lanham deplores
that the Cutting resolutions
were introduced in Congress
such a short time before
the adjournment of Congress, as there
was absolutely no time before adjourn.
ment TO do anything with them. He
thinks that the government at Wash
ington, although il will do nothing rash
or preci pitable, still it will remain firm
IN its demand for the surrender Of Cut
ting and subsequent indemniicstion to
q heavy amount. and that Secretary
Bayard will insist, at all hazards. that
American citizens shall not be impris-
oned any more for what they have
done on American soil.
Lanham is very explicit in stating
that he is here in no official capacity,
but il is surmised that he has been re-
Quested by the State department at
Washington to make careful investi-
CATION and report. He is speaking this
evening TO a large assemblage of citizens
at the court house on the leading topics
of the day.
CRY or MEXICO, via Galveston, Au-
gust b. he official government
organ today contains important docu-
merts regarding the Cutting case. in
Judge Zubia at Paso Del Norte. which
shows clearly and unmistakably that
/ the court held Cutting for a
crime begun on Mexican soil
and continued simultaneously in
/ Texas and Mexico. TINS puts q new
phase on the case. as it shows Judge
I ZubIa regarded the case SIS one contin-
uOus act. In passing sentence on Cut
! ting, the Judge said: The basis Of
criminal proceedings against the defen-
dant was the first proof before him that
\ be committed the offense classed as q
\ crime by the law, the evidence of which
was afforded beyond dispute by a
publication which appeared in the
| Ell Centinel on June 9th last, q
4 oaper published on Mexican soil !;
secondly, that although this was true it
was an act of conciliati, which would
have satisfied the offended party had it
been complied with. 1t was also true
Il thst this act of Cancellation was not
\ fulfilled, and therefore the crime still
stards. The third proof OF the lack Of
compliance with the act of Cancellation
is found in a communication printed by
Cutting in the FL Paso Sunday Herald,
in which be denounces the defamatory
charges against Medina, and at the
same time publishes the article ia FL
\ C.lstinel on Mexican soil, in which he
suppresses capital letters and puts
the name of Medina in microscopic
type in order to make its reading off
fcult. The fourth renewal of the
charges does not constitute an offense.
but the confirmation Of previous
charges.
Fourtd-That this being so, the Grim
inal responsibility Of Cutting arises
from the publication in the FL Cen6HSl,
winch was renewed in q Texas paper f,
1 the renewal or ratification not consti-
tuting new crime which should be
\ punished with different penalty than
! that which corresponds to the first
1 publications. The judge further says
even supposing. without conceding it,
| that the crime of defamation had been
i
| Cutting had IN Paso del Norte copies of
the FL Paso Sunday Herald, OF which
Medina complained and which were by
order of the court seized en- the
premises of Cutting on Mexican
sod, constituted the proper onsumma-
ton OF the crime according TO the Tensl
code. Judge Zubia lays special TN
phases on the fact that Cutting actually
circulated on Mexican soil. his renewal
Of the libel published in Texas. This
renewed Of the libel published in Texas
is an offense and were the case reversed
il would be punishable IN Texas. A. p.
Gushing, an American lawyer, sums up
Zabia,s decision thus: Cutting was
convicted Of the repetition OF libel hrst
published IN Mexico, and 1t was distri :
buted in Mexico; OF the second libel
aud not printing Of the same IN
Texas for which he was convicted,
the libel having been read by three or
moreps-Sons aswas required by the stas-
tnts Of the Stare OF Chihuahua. Cutting
pleaded in bar TO the Jurisdiction OF
the Mexican court that the paper had
been printed IN Texas. He did not,
however, deny the paper had been cir
culated on Mexican soil, which vas
fact, numerous copies having been
seized there BY order Of the court. This
aspect of the case takes away the phase
of a conflict Of the law Of the two
. countries.
The publication OF full text Of Judge
; Zubia's decision is regarded here a:
; putting the case out OF internatlona
] CONTROVERSY