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Judge Zubia's Decision

Judge Zubia's Decision image
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Cm of Mexico, Au. 13. - The Mario, the official {rovernment organ, to-day contains important docuinents regarding theCuttingcase, includinj; the iull tezt of the decisión of Judge Zubia at Paso Del Nioite, which bhow clearlv and unmistakabiy tbat the court held Cutting for a crime begHan on Mexlcan soil, and coutinued simultaneously in Texas and Mexico. Tltis puts a cvr phase on the case, as it tliows Jndge Zubia regardcd the case as one coutinuous In passing sentence on Cutting, the judjje said the basis of the criminal proceeding against the defendaut was the first prooi before bim that he had committed an offense classed as a crime by the law, the evldence of which was afforded beyond disputo, by a publieation wbich a; arcd in KI ( 'mtinfVa. ou June tt last. a paper pubiisheci on Mexicau soil; socoudly, that allhough it was truc tberc was nn act of conciliation wbich would have satisfled the offendeil party had it been complled with, It was alo true this act of conciliation was nol fullilled and, therefore, the crime till stood; tbiid, proof of lacle of compliance with the dim of conciliation is fouiui in a conimunication priuted by Cutting in the KI Faso Xunday Jlerald in which he renewed bis defamatory charges arainst Medina, and at the same time published an article In BI Umtinetla on Mexlian soil, in which he suppresscd the capital . letters and put the name of Medina in ffiicnxooplc tyue in orilcr to make lts reading d íHcuit; fourth, the renewal of the charges did not constilute a new offense but was confirmatlon of previous charges; fifth. tbis being so the criminal rettpousibillty of Cutting arose from the publication in El Centintlla, whlcb was renewed in a Texas paper, bis renewal or ratification not constituting a new crime which should be puntshed with a diffennt penalty than that whick corresponded to the first publication. The jud;e furlber say: "Even Bupposiner, without conceding It, that tbc crime of defamation had been committed In Texas, the fact that Cutting had in Paso del Norte copies of the El Paso Sunday Iltrald of whieh Medina complained, and which were by order of the court seized, on the premlses óf Cutting ou Mexican soil, constitutes properly % consuBimatiou of the crime according to tbs penal code." Judge Zubia lays special empbasis on the fact that Cutting actually elrculated on Mexlcan soil kis renewal of the libel publishcd in Texas, and declares that were the case reverscd be would be punishable under the present code in Texas. A. P. Cushlog, an American lawyer, snms np Zubia's decisión thue: Cutting was runvicted of a repetitiop. of the lilel lirst publlsbcd In Mexico and reprinted more virulently In Texas, wtifch he then brought over and diêtributed in Mcxioo aud tt was tbc distributiüu in Mexico of the tecond libel and not tho prlntinir of the same in Texas for which ha was convietsd, the libel havlng been read by three or more persons, as required by tb statutes of the state of Chihuahua. Cutting pleaded in bar to the jurisdiction of the Mexican court that tbe paper had been prlnted ia Texas. He did not, however, deny that the paper had boeu clrculated on the Mexicn ■1de. wbich wat a fact, numerous copies haring ben seized thcre by order of the court. This aspect of the case takes away the phase of a coaflict of law of tbc two couritriet. Tha publication oí a full text of Judge Zubias' decisión is regardcd brre as putting the case out of International con troversy. Music is tho soumi wliicli one's ohildren make as tliey romp through the house. Noise is tlie soiuul which other peoplo's children make under the same circumstanccs.


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