Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-08-07


Days to Consider the Sentence.
DENVER, Col, Aug. 6.
special from Ell Paso says the trial of
Editor Cutting was set for ten O'Clock Thurs.
day morning, and at that hour the Mexican
authorities of the court. Judge of Letters
ornor Miqnei Sabbids, his clerk, official ia
terpret-r, Louis Dantisks, the complainant,
Eungdio, Medina Consul Rringham and
clerks, the prisoner and few Americans
and Mexican citizens and representatives. of
the Ei Paso press, assembled in a small
court room, furnished with two tables and
feE chairs. At one o'clock the prosecuting
attorney, J. NJ. Sierra and Jesus E. Yselas,
attorney for the defence, announced that thev
were ready for trial.
On the opening of the court Judge Sabbida
asked the interpreter to read all the
proceedings and documents in the case
Among them were Medlna's affdavits charg-
ing Editor Cutting with failure to carry out
the reconciliation made before the Mexican
court. in regard to the publication in his
faso del Norte paper, by Immediately caos-
ing to be published in the FL Paso Sunday
Herald repitition of the article The sec
ond affidavit of Medina charges Cutting with
having caused to be circulated over 100
copies of that paper in Paso del Norte, and
alleges his malicious intention was made plain
because his defamatory card appeared both
i'll Spanish and English, while the Herald
usually published nothing but English. Then
the order of the Judge to recover all copies
OF the Herald containing said articles so cir
culated was read, followed BY written min
utes Of the court from day to day, embracing
the time from Cuttings first appearance
before the coure, the day and hour Of sit
ting.
Then came the original charge of libellng
Mexican citizen, Medina, in the Sunday
Herald, paper published at Ell Paso, Texas
Medina had filed as evidence against the
prisoner, the act Of conciiation previously
signed by both, copies of the Herald and the
report of an interview held with the prisoner
by the representative of another local paper
One part of the court minutes stated that
Cutting at ii o'clock at night, when told that
he might give bond. answered that his case
was in the hands of hfs government, and if
the demand for his release was not obeyed at
once the United States troops from Fort
Davis would Immediately arrive to liberate
him by force.
The minute goes on to state how several
persons had been appointed by the court to
defend Cutting against his will and how all
accepted the task. Then follows the intro
duction of laws of the State of Texas, appli-
cable in the case, as the offense was conceded
to have been committed in Texas. When
the reading was finished Cutting was asked if
all was satisfactory to him. He replied that
he could not cOuntenance the proceedings as
he considered the court without jurisdiction
in the case. The officials then signified their
approval of the contents of the minutes and
arguments were declared in order. Jose
Maria Sierra. prosecuting attorney, then de-
liyered his argument.
He said that the case hinged upon writ
ten agreement between Medina and Cutting,
called an act of reconciliation, which was
broken aud made void by the publication of
Cuttings article in the Ell Paso Sunday Her
aid that Cuttings breach of contract gave
Medina perfect right to continue his case
against his prisoner, and in support of this
view. he quoted article 656 and section of
article 657 of the Mexican code. Cutting
was not an ignorant man, but had repeated
ly acted in ditect opposition to the act of
Cancellation, as the publication of interviews 8
with the prisoner in FL Paso papers proved,
and that the prisoner wished no clemencv
because his crime worse than if he were
ignorant, or realizing its gravity, had sought
to make amends instead OF constantly
reiterating his attacks upon Medina. The
prisoner had made investigation of the case
difficult by refusing to answer the judge, and
this was an aggravating circumstance in the
case. The result of the crime has been to
terrorize the people of the vicinity, disturb
society and cause fear of revolution and
probably war. All these were aggravating
circumstances and crimes in themselves.
Section l and of article of 1S6 of Mexican
Ixl..
sci characterized the otfense as a crime be-
cause it was so puni- hab in Texas, as the
quoted law of Texas specified, by the i'm
prisonment of from six months to two years.
or by fine of from 5000 to $1,000. He con-
cluded by calling attention to article &C of
the penal code which defines sentence in
such serious cases, and asked the court that
sentence of two years Imprisonment at
hard labor be imposed upon the prisoner. He
requested the court to censure Consul
Brigham for his officious interference in the
case, and also that the federal authorities be
notified of the cOnsufs acts so that the neces-
sary diplomatic correspondence for his re-
moval might be commenced.
At the close of the prosecuting attorneys
address, Medina, the accuser, testified in his
own behalf. tie reviewed the cause that led
to Cuttings arrest already published, and
asked the. judge to appoint two persons to
fix damages as Cuttings attacks had driven
him out of business.
Al the conclusion of the witnesses testimo-
ny Senor Jesus E. Yselas, attorney for Cut
ting arose. He argued that the former action
had ended the claim of Medina, that Cutting
did not voluntarily break any Mexican laws
and that that is why he went so far away to
republish his card. Also that if the offence
was punishment there were many reasons why
punished should be as light as possible
Cutting was then offered chance to speak,
but simply stated that he was in the of hands
his government The judge then pronounced
him guilty and the court adjourned The
judge has fifteen days in which to pronounce
sentence.
DAMAGING, STOR I'M.