Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1886-08-06
CUTTING ON TRIAL.
re is Pound Guilty and Sentence
Deferred.

1
and representatives Of the El Paso pres
assembled in 9 small court room furn
ished with two tables and few chairs
| At II o'clock the prosecuting attorney
j. NJ. Sierra and Jesus e. Yslas, attor
ney for the defense. an
nounced they were ready for th
trial. On. opening court Judge Sabbidi
asked tho interpreter TO read al
Of the proceedings and document
| in the case. Among them were Medi
mas affidavits charging Cuttings failur
to carry out the reconciliation made be
fore the Mexican court. in regard to tn
publioation In III Cenfince, by immedi
ately causing to be published in Sun
davis Herald, at FL Paso, repetition 0
tile offense. Then the second afiidsvi
from Medina. charging that Cutting hst
circulated over ten copies Of that pape
| in El Paso del Norte, and alleging tina
his malicious intention was made plain
because Cuttings defamatory card ap
peared both in Spanish and English
while the Herald usually pnbiishst
nothing but Euglish. Then followed th,
order 81 the Judge to recover all copies
| Of the Herald containipg the said arti
Gle so circulated. Then the writtss
minutes of the court from day to day
were read, embracing from the time When
Cutting frat appeared before the courI
till the day and hour Of the sitting
Then came the original charge of libel
ling Mexican citizen tMedina) in the
Sunday Herald, paper published a
| El Paso, Texas. Medina had filed o.
evidence against the prisoner the act Of
conciIistion previously signed BY both.
tcopies OF the Herald and an Interview
had with the prisoner by another local
paper. One part Of the court minutes
said CuttinR, at IL O'Clock at night,
when he was told be might give
bond answered that he would mol
give bond, that his case was il
| the hands Of his government, and tha
| il the demand of his release was noi
obeyed at once that the United State'
troops from Fort Davis would at once
arrive and liherate him by force. The
minutes go on to state how several par
ties had been appointed by ths court TO
defend Cutting against his will,
| and how all Of these de
clined, until Jesus Yslas accepted
the task. Then follow the introduction
| Of the laws OF the State of Texas appli
cable in the case, as the offense was
conceded to have been committed in
Texas.
When the rsadinR was finished Cut
ting was asked II sll wss satisfactory tt
him.
He replied that he could not counter
ance any proceedings, as he considere,
the court without Jurisdiction II
the case. The other official
signifed their approval Of the con
was declared in order.
Jose Maria Sierra, prosecuting attor
ney, took the floor and delivere'
his argument stopping only :
quote from law books such art
oles and paragraphs as were re
ferred to in his speech. He said that th'
case hinged upon the written agreement
between Medina and Cutting. called al
act Of reconciliation. which was broke
end made void by the Publication mad
by Cutting IN the El Psso Herald tina
this breach Of contract gave Medina
perfect right to continue his case agains
the prisoner, and he quoted Articles 65
and section o. article 6oI. OF the Mex
can code IN support OF sn's view
lie SAID that Cutting was not a.
ignorant man but naa repeatedi
acted N direct opposilon % tne e
Interviews with the prisoner in the !
Paso papers proved, and the prisone
merited no cIenency because bis Grim
was worse than II ne were ignoran.
had recognized us gravity Ano sougn'
make amends instead OF constantly -
lterating ms attacks Hga,ns, Meo'na. y
interviews the prisoner hsu nhsue an ~
sesuga.ion oi sue oas1 u,u ~ u.
fusing 70 answer vac 1uugs. anu .n'
was the aggraya''ng eircums'Anc' "
In TIE case. me resai' ol III
crime mas peen 20 serror'ze sne p1opls ?
this vieinuy, asu'o'ng soe's'y, osua.u'
fear OF revoiuuon ano p.ooao'y wal
All OF these were agg,ava''ns cireu', %
stances anu c'imes .:s ~ ,ee ens'.1 - ~ Ne; s
lions ! anu = ar,,oie 10y. Vi sne NeN'
can law govern. tne sol,ss Jalisuio'loh
and ne char actsr'sco sne onense -
crnme' oecause :, was aiso pahisi,aU.' ~ u
Texas, as quoSeu 10 he "a" oi ieAa'
speciled, by imprisonment from 81
months to two years OF me OF IRON
$S0V 70 SzVVV ne coneiaaee
Iby Gaining s.tehtion 70 aI'lci
90 OF tEe rehai Oooe' oenniaR sen.ene'
IN sucn serious case, sno askeu w
Court a term oi TWO years lnPr'sonc'en y
at hard ianor against the prisoner; a
then asked 'ne Oour. 70 censuse Oonsu
br'gham ior ms oine'ous inseIie,sh9e ~ 70. !
the case, ana requesssa tnsl she euers
autnonhes DC nonned Q, tns oonsui
act 50 that necessary dipiomaue GORE:
pondence be commenced 10 enec' nj
removal.
| Medina. the accusing party was tne'
gwen the moor ana sesuned inas Sustnl
mad deiamea ms cnaracter In ~ csn.' .
net on June otn. for TINS ne mad Cnt