The Brookhaven leader., 1886-08-12
CUTTING CONVICTED.

The Mexican Court at Paso Del Norte Pro-
ceeds With the Trial of Editor Cutting,
the Result Being Conviction - Cutting
Still Declines to Recognize the Court
Awaiting Sentence.
Ell PAso, Tex, August 6.-The trial of
Editor Cutting began yesterday. The
Judge of Letters, Senor Miguel Sabbida;
lis clerk; the official interpreter, Louis
Oantinko; the plaintiff, Endridgio Me-
dina, Consul Brigham and clerks, the
prisoner and few American and Mexi-
can citizens and representatives of the
Ell Paso press assembled in the small
courtroom, furnished with two tables
and few chairs. At one O'Clock Prose.
cutting Attorney J. M. Sierra aud Jesus
Z. Yslasa, attorney for the defense, an
nounced that they were ready for trial.
The interpreter read all the pro-
ceedinTs and documents in the case.
Among them were MeGina's affidavit
charging Cutting with failure to carry out
the reconciliation made before the Mexi-
can court in regard to the publication
in. Ell Ceatineld by Immediately causing
to be published in the Sunday Herald, of
Ell Paso, a repetition of the offense; then
second affidavit from Medina, charging
that Cutting had circulated over ten
copies of that paper in Paso del Norte,
and alleging that his malicious intention
was made plain, because Cuttings de-
famatory card appeared in both Spanish
and English, while the Herald usually
published nothing but English. Then
followed the order of the judge. He re-
covered all copies of the Herald con-
tanning said articles SO circulated. Then
the written minutes of the court from
dav to dav were read, embracing the time
when Cutting first appeared before the
court till the day and hour of the sitting.
Then came the original charge of libelng
a Mexican citizen, Medina, in the Sun
day Herald, a paper published in Ell Paso,
Tex. Medina had fled as evidence
against the prisoner the act of concilia.
ton previously signed by both, copies of
the Herald and an interview had with the
prisoner by another local paper. One
part of the court minutes said:
Cutting at eleven O'Clock at night when he
was told he might give bond, answered that
he would not give bond, but that his case
was in the hands of his Government, and
that If the demand for his release was not
obeyed at once, the United States troops
from Fort Davis would at once arrive and
liberate him by force.
Jose Marie Sierra, prosecuting attor-
ney, took the floor and delivered his
argument, stopping only to quote from
law books such articles and paragraphs
as were referred to in his speech. He
said that the case hinged upon the writ
ten agreement between Medina and Cut
ting, called an 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 perfect right to continue
his case against the prisoner, and he
quoted article 656 and section
5, article 557, Mexican Code in
support of this view. He
said that Cutting was not an ignorant
man, but had repeatedly acted in direct
opposition to the act of concilation, as
the publication of interviews with the
prisoner in Ell PasO papers proved and
the prisoner merited no clemency because
his crime was worse than If he were igno-
rant or had acknowledged it's gravity and
tried to make amends instead of con-
stantly reiterating his attacks against
Medina in interviews. 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 his crime
had been to terrorize the people of this
vicinity, disturbing society, causing fear
of revolution and probably war. All
these were aggravating circumstances
and crimes in themselves. Sections
and 4, article 1856, Mexican law, gave the
court jurisdiction, and he characterizes
the offense as crime because it was
also punishable in Texas, as in the quot.
ed law of Texas, which specified i'm
prisonment from sixmonths to two years,
or fine of from $500 to $4,000. He
concluded by calling attention to article
&c of the penal code, defining sentence in
such serious cases, and asking the Court
for term of two years. Imprisonment at
hard labor against the prisoner. He then
asked the Court to censure Consul Brig
ham for his officious interference in the
case, and requested that the Federal au-
thoIities be notified of the Consul's acts
so that necessary diplomatic correspond
ence be commenced for his removal.
Enridgio Medina, the accusing party,
was then given the floor, and testified
that Cutting had DETAINED his character
in EL CentiReld on June 6. For this he
had Cutting cited by the court for recog-
milton. The result of this was that Cut
ting promised to publish four times in
both English and Spanish, retraction.
He had broken his word, as was evident
from No. l6, of El Centineld by having
omitted the Spanish version and for CIV
ing the English in bad faith, emitting
capital letters and using very small type,
and not satisfied with "burlesquing my
good faith and his oath, he caused to ap-
pear two articles more offensive than the
first in Ell Paso in the Sunday Herald
of June 20, one in Span
ish and the other in English, reiterating
his former charge and claiming that he had
retracted only because he was forced be-
fore Mexican judge, and Cutting, not
satisfied with the harm done my reputa-
tion and my business, has said in an in
terview with Tribune reporter, that /
am fraud and dead -beat;' that this had
always been his opinion of my newspaper
enterprise, and for this reason he pub
lished it,"
SenOHJesus Yslasa, attorney for Cutt.
ing, then took the floor. He argued that
the former action ended the claim of
Medina; that he was justly responsible
for the conduct of the prisoner since, but
he said that Cutting did not voluntarily
break any Mexican laws, and that was
why he went so far away to republish his
card; that if the offense was punishable
there were many circumstances to make
it as light as possible.
Mr.. Cutting was then offered the floor,
but simply stated that he could not rec
ognize the court, that he was in the