Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1886-08-14
CUTTING CONVICTED OF LIBEL.

He Refuses to Make any Defense, Saying
His Case Was in the Hands of His Gov
ernment-sentence Passed.
Ell PAsO, August 6.-Ihe trial OF Editor
Cutting began yesterday. The proceedings
and documents in the case were read.
Among them were Medina afhdavits chaEg-
ing him with failure to carry out recGncll-
iatiOu made before the Mexican court. In
regard to the publication, a second affidavit
from Medina was read, charging that Cut
ting had circulated over ten copies of that
paper in Ell RasO- When the reading was nm
ished Cutting was asked If all was satlzfac-
tory to him. He replied that he could not
cOuntenance the proceedings as he consld-
cred the court without Jurisdiction IN the case.
Other officials siguited their approval OF
the agreement and declared 1t in order.
Jose Marie Sierra, the prosecuting attorney
took the floor, and delivered his argument
that the case hinged upon the written agree
ment between Medina and Cutting called
the act Of reconciliation which was broken
and made void by the publication made by
Cutting in the FL PasO Herald; that his
breach of contract gave Medina a perfect
right to continue the case against the pE1s-
Oner. He said that Cutting was not an
ignorant man but had repeatedly acted IN
direct opposition to the act of recOncllla-
ton. The prisoner had made an luvestlga-
ton of the case difficult by refusing to
answer the judge. This was an aggrayatlng
circumstance it the case.
The result of his crime had been to terror
lie the people, disturb society causing a
fear Of revolution, probably war. All these
were aggravatlng circumstance and crime S
in themselves. The Mexican law gave the
court Jurisdiction and he characterized the
offence as a crime, because it was also pun
ishaDie in Texas. He concluded by calling
attention to article 66 OF the penal code
defining sentence in such serious cases, and
asked the court for term of two years
imprisonment at hard labor against the
prisoner. He then asked the court to cen
sure Consul Brigham for Othcious interior
VI
federal authorities be notified of the con
sUl's acts so that necessary diplomatic cor
rsspOndence be commenced for his removal.
EnridgiO Medina, the accusing party, was
then given the floor and testified that Cut
ting had DETAINED his character. For this
he had Cutting cited by the court for recOg-
milton. As the result of this Cutting prom
ised to publish four times in both English
and Spanish a retraction. He had broken
his word by having omitted the Spanish YER
sion and for giving the English in bad faith,
and made the accused TO appear articles
more offensive than the nr5t IN III PasO IN
the Sunday Herald of June 20 one in Span
ish, another IN English, reuract1ng the for
mer charges only because he was forced to
before the Mexican Judge. The witness said
his interests suffered grave damage so that
he would be unable to longer continue in
business, therefore he duplicated the judges
to name two persons to hE the damage
caused by said Cutting as an equitable way
to settlement on his part.
senior y GsQA Lrt4ALtLg attorney LDE CuLLlLAs5F
took the floor and argued that the former
action ended the claim of MedinGs that he
was justly responsible for the conduct of the
prisoner since. He said that Cutting did
not voluntarily break any Mexican laws;
that is why he went so far away to publish
his cards: that If the OHenss was punishable,
there were many circumstance to make 1t
as light as possible.
The judge then pronounced him guilty,
and the court adjourned. The judge has IF
teen days to pronounce sentence IN.
Sentence has been pronounced on Cut
ting. it is one years imprisonment at hard
labor and 5000 fine. If he can not pay the
fine he will have to serve 100 days longer.
Medina, who caused all the trouble, has
leave to sue Cutting in a civil suit for dam
ages. The question of CenEuring AmeriC an
Consul Brigham, and asking for his removal
is referred to the supreme court at ChlhUa-
hua. Cutting Will probably be hurried of to
prison at chihuahua tonight.
Ell PAsO, Tex, August editor CuttlD g
received information yesterday that he WOu-d
be taken to Chihuahua. 1t was feared that
he would be massacred on some preteXt If
they took him away from the border, and his
friends have busted themselves in his behalf.
The following telegram was sent by the
prisoner to Governor Ireland, of Texas:
Gas a citizen of Texas I ask of you the
protection that my friends assure me you
can and Will extend.
(Signed) A. K. CUTTING"
Secretary Bayard says that no uItimatum
has been sent to Mexico. The only army
orders in connection with the Mexican trOu-
BILE came from the west, saying that addi-
tiOnRl troops had been sent to disarm the
revolutionist5 who had crossed into Texas.
Ell PAsO, Tex, August 1O.-Evsrything is
very quiet. What little excitement prevails
I does not come to the surface. The imme-
diate cause for this tranquil state of affairs
| is the exchange of views had last evening by
the municipal authorities of Paso Del NOrts
and this place. Both sides have additional
police officers on duty, and any rash act viii
/ be readily suppressed. Cutting is still in
jail, and the time for starting to Chihuahua
has not been made known. The absence of
any Washington news this morning relative
to international complications causes great
anxiety among many. 1t is reported that
many Mexican troops are endeaVOring to
| desert, but their officers watch them very
/ closely. FL Paso has three volunteer com
/ paniss, fully armed and equipped with the
/ best fire arms, contributed by local mer-
chants.