The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-08-19
CUTTING.
STILL SWELTERING IN HIS
DARK, LOATHSOME
PRISON.
THE MEXICAN JUDGE DECIDES 1T
Is SURELY A CONTIN-
UING CRIME.

CITY OF MEXICO, August 5.-El Diario Official
when Is the daily organ of the government for the
publication OF DEGREES, department decisions, etc.
contains 10 day an important document regarding
the Cutting case, including the full text OF Judge
Zeubias decision at Paso del Norte, which shows
clearly and Enthusiastically that the court held Cut
ting Tor the continuous act of a crime begun in a
Mexican state, carried on in Texas and simultane-
ously in Mexico. This puts new phase on the
case, FOR II shows that Judge Zeubia regards the
case as one continuous act. In passing sentence
Judge Zeuba said that the basis of the crime in
the proceedings against Cutting is
|. The proof that he committed an offense
classed as crime by law which is afforded beyond
dispute by publication which appeared in Ell Cen
tinela on the 9TH of June last Ell Centnella being
paper published on Mexican soil.
=. That although it is true that there was an act
OF couclhatlon, which would have satisfied the Of
Tended party had it been complied with, it is also
true that this act of conciation was not fulfilled
and therefore the crime still stands.
B. Proof OF the lack of compliance with the act
of Cancellation is found in communication printed
by Cutting in the El Paso Herald, in which he re-
news his defamatory charges against Medina, and
at the same time he publishes article in Ell Cen
tinella, on Mexican SOIL in which he suppresses
capital letters and puts the name of Medina in
microscopic type, in order to make its reading
difficult
a. The renewal of the charges does not consti-
tute new offense, but confirmation of the pre-
Yious charges.
3. That this being SO, the criminal responsible
ity OF Cutting arose from the publication in FL
CenIlHelld, WnlCn was renewed In Texas paper
this renewal or ratification not constituting new
crime, which should be punished with a different
penalty than that which corresponds to the first
publication. The judge further says, that even
supposing, without conceding it, that the crime of
defamation had been committed in Texas, the fact
that Cutting had in Paso del Norte copies of the
Ell Paso Sunday Herald, of which Medina COM
planned, and which were, by order of the court
seized on the premises of Cutting, on Mexican
soil, constitutes properly consummation of the
crime, according to the penal code.
The Judge lays special emphasis on the fact of
Cutting actually circulating on Mexican soil his
renewal of the libel published in Texas. This re-
newed libel was worse than the first and its crcu-
lation in Mexico was an ofense and, were the case
code of Texas
Mr. A. p. Cushing an American lawyer sums
up the judges decision thus: "Cuttng was con-
yicted of repeating the libel first published in Mex
leo and reprinted more vrulently in a Texas paper
which he then brought over and distributed in
Mexico, and it was this distribution in Mexico of
the second libel and not the printing of the same
in Texas, for which he was convicted the libel
having been read by three or more persons as re-
quired by the statute Of the state of Chihuahua
Cutting pleaded in the bar to the jurisdiction of the
Mexican court and that the paper had been printed
in Texas. He did not however deny that the paper
had been circulated 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 phases of a conflict of law of
the two countries The publication of the full
text of the judges decision is regarded putting
the case out of international controversy"
The discussion of the Cutting case goes on in the
press and among lawyers, which it interests from
the important questions raised but there is heat
in the discussion. The better classes of people
hope that the two governments will settle the mat
ter either by a mutually friendly adjustment or
through equally friendly arbitration. An interest
ing question is propounded by learned lawyers
here, who ask If Cutting be guilty of libel on both
sides OF the river, why cannot the appellate court
of the state of Chihuahua locate Judgment for the
crime on the Mexican and not on the American
side, thus relieving the case of its interesting
character.
THE MEXICAN PRESS.
An examination of sixty papers from the interior
Of the republic including journals of all shades of
opinion, show that the Cutting excites almost
no interest outside of the press in the capital and
on the northern frontier