No. 312.
Mr. Brigham to Mr. Porter.
United
States Consulate,
Paso del Norte,
Mexico, July 1, 1886.
(Received July 19.)
No. 45.]Sir: I have the honor to communicate the following
facts in regard to the arrest and imprisonment of Mr. A. K. Cutting, an
American citizen, by one of the courts in this city.
Mr. Cutting is a resident of Paso del Norte, and engaged as an editor of a
newspaper called “El Centinela,” in a recent edition of which he published
some strictures upon one Emigdio Medina, who proposed engaging in the
newspaper business also.
For this offense Mr. Cutting was arrested and brought before the court to
answer. Under the law here, when the parties agree to and sign a
“reconciliation” the case was dismissed, which was done in this instance,
Mr. Cutting being required by the court to publish it in his paper, which he
did.
On the 18th day of June Mr. Cutting proceeded across the Bio Grande River to
the United States, to El Paso, Tex., and published a card in the El Paso
Herald, in which he reiterated his former charges, and makes some others,
branding Medina’s conduct as “contemptible and cowardly,” &c., copy of
which card I inclose, marked No. 1.
[Page 692]
When Mr. Cutting returned to Paso del Norte he was again arrested, presumably
at the instance of Medina, and taken before the judge of the second court.
Before this court Mr. Gutting was refused counsel and an interpreter, both
of which he requested, and with closed doors, no one being present but the
judge, the court interpreter, and the accused, the so-called examination of
the case was proceeded with, which resulted in the committing of Mr. Cutting
to jail.
At this stage of the proceedings, and before he was taken to jail, Mr.
Cutting notified the court that he claimed the protection of his Government,
and would refer the matter to the American consul, which he did by the
following communication to me, dated June 23, 1886, marked No. 2.
On the receipt of this communication I proceeded to the office of the
principal interpreter of the court to ascertain the exact charges against
Mr. Cutting, and was informed that he was arrested for the publication in
the El Paso (Texas) Herald; that he was examined upon this charge alone, and
committed to jail on the same. I suggested that the court acted without
jurisdiction, and had dome a wrong to Mr. Cutting, to which the interpreter
replied that if the judge had made a mistake in the case it was in the power
of the prosecuting attorney to dismiss prosecution when the case came up,
which he thought he would do the next morning.
I then wrote a note to Mr. Daguerre, the partner of Mr. Cutting in the
newspaper, and engaged his services to see the prosecuting attorney and have
the case dismissed. The result was that the attorney left the impression
that the ease would be dismissed the next day, which was the 21th day of
June. On the morning of that day (being confined to bed by sickness) I sent
my clerk to the court room to ascertain what was done in the case, and, in
company with Mr. Daguerre, they called at the court room, where they found
the judge, the prosecuting attorney, and the official interpreter. The
prosecuting attorney notified them that he could do nothing on that day, as it was a legal holiday, and they
returned and so reported to me.
Believing that the authorities would take no action in the case, and release
Mr. Cutting, on the morning of the 25th of June I dictated from my sick bed
a formal communication to the judge, demanding his release upon the ground
that the court was wholly without jurisdiction of the matter, and instructed
my clerk not to deliver the letter if Mr. Cutting was released. He found the
court in session; the prosecuting attorney put in an appearance for a while
and left the court, taking no action whatever in the case. My clerk then
handed the judge my communication, copy of which I herewith inclose, marked
No. 3.
To this communication his honor never even deigned a reply, and Mr. Cutting
still languishes in jail, having been thus confined for more than one week.
Bail was refused him, which he was prepared to give in any reasonable
amount.
Thus it will be seen that I have used every means in my power for the release
of this prisoner, without avail. That he is confined without the warrant or
shadow of law, I take it there will be no question. If this fact be
conceded, it seems meet and proper for the Department to take the matter in
hand and demand an immediate release of the prisoner, and a full indemnity
for the outrage.
I would here suggest that the parties culpable in this matter are the judge
who issued the order for the arrest and illegal detention of the accused,
one Regino Castañeda, and the prosecuting attorney, one José Maria Sierra,
who had it in his power to have dismissed the case, and
[Page 693]
who still has that power, but refuses to
exercise it. Both of said officers should be deposed as unworthy the places
they fill.
I will further state that I have demeaned myself throughout with every proper
courtesy and respect to the authorities in this matter, and urged Mr.
Cutting to do likewise, and to obey all the orders and decrees emanating
from the court, which he has done. That the court has so treated me,
personally or officially, does not so clearly appear, and the failure to
reply or take any notice of my official communication is a matter of which
the Department is fully capable of judging, and will be prepared
intelligently to act.
From the very inception of the case I am satisfied there has been no desire
or intention to do Mr. Cutting justice, and it has been boasted that they
can keep him in jail for six months or a year if they see proper to do
so.
The claim that the 24th day of June was a legal holiday was a mere
subterfuge, and was, in point of fact, untrue, the mayor’s court being in
session, and the post office and custom-house kept open the usual hours
during the day. * * *
I herewith inclose the affidavit of A. K. Cutting, marked No. 4; affidavit of
Mr. Daguerre, marked No. 5; affidavit of Mr. Henry G. Turner, marked No. 6,
substantiating the facts set forth in this dispatch. Also extracts from the
El Paso Daily Times and Daily Tribune, as an index of public sentiment on
this subject,
I have written thus plainly and pointedly, because I am fully persuaded that
the necessities of the case demand it.
I am, &c.,
J. HARVEY BRIGHAM,
Consul.
note.
Consul Brigham is a lawyer, has been a judge, and is a man of much
ability and experience. I fully concur in what he says in this case as
to the Mexican courts in general. A reading of my reports on previous
cases will show that 1 have said substantially the same things over and
over again. With this comment I submit the case to the Department.
WARNER P. SUTTON,
Consul-General.
[Inclosure 1 in No. 45.]
Advertisement.—a Card.
El
Paso, Tex., June 18,
1886.
To Emigdio Medina, of Paso del
Norte:
In a late issue of El Centinela, published in Paso del Norte, Mexico, I
made the assertion that Emigdio Medina was a “fraud” and that the
Spanish newspaper he proposed to issue in Paso del Norte was a scheme to
swindle advertisers, &c. This morning said Medina took the matter to
a Mexican court, where I was forced to sign a “reconciliation.”
Now, I do hereby reiterate my original assertion, that said Emigdio
Medina is a “fraud,” and add “dead-beat” to the same. Also, that his
taking advantage of the Mexican law, and forcing me to a
“reconciliation” was contemptible and cowardly, and in keeping with the odorous
reputation of said Emigdio Medina. And should said Emigdio Medina desire
“American” satisfaction for this reiteration, I will be pleased to grant
him all he may desire, at any time, in any manner.
[Page 694]
[Inclosure 2 in No. 45.]
Mr. Cutting to Mr.
Brigham.
Paso
Del Norte, Mexico,
Wednesday, June 23,
1886.
Sir: For an alleged offense committed in Texas,
United States of America, I have been arrested and jailed in Paso del
Norte, Mexico, by a Mexican judge. Now, as an American citizen, I place
myself under the protection of yourself as United States consul.
I am, &c.,
[Inclosure 3 in No. 45.]
Mr. Brigham to
judge of the second court, Paso del
Norte.
Consulate of the United States of America,
Paso del Norte, Mexico, June 25, 1886.
Sir: I have the honor to officially communicate
with you in regard to the arrest and imprisonment of A. K. Cutting, an
American citizen, by your order.
I have been informed by the official interpreter to your court that Mr.
A. K. Cutting was arrested, examined, and incarcerated for an offense
(if offense at all) committed in the State of Texas, United States of
America, which was the publication of a card in the El Paso, Texas,
Herald.
It is scarcely neeessary for me to call the attention of your honor to
the fact that for an offense committed in the United States your court
cannot possibly have any jurisdiction. Therefore the arrest and
detention of Mr. Cutting in jail is wholly unwarranted and oppressive,
and in violation of one of the sacred principles of American liberty.
This communication is for the purpose of making a formal demand upon
your honor for the immediate release of Mr. Cutting, which I do in the
name of the United States Government, which I have the honor to
represent at this point.
Trusting that you will comply with my request and petition in his behalf,
and order his immediate release.
I am, &c.,
J. HARVEY BRIGHAM,
Consul.
[Inclosure 4 in No. 45.]
Affidavit of A.K. Cutting.
Before me, J. Harvey Brigham, United States consul at Paso del Norte,
Mexico, on this 1st day of July, 1886, personally came and appeared
Augustus K. Cutting, who, being duly sworn, deposes and says as follows,
to wit:
My name is Augustus K. Cutting; I am an American citizen, born in the
State of New York, on the 30th day of August, 1841, and am forty-five
years of age.
I am and have been a resident of the city of Paso del Norte, Mexico, for
the past eighteen months, off and on, and am engaged as editor and
proprietor of the weekly newspaper called El Centinela.
I had a disagreement with one Emigdio Medina, and on the 18th day of
June, 1886, I published a card in the El Paso (Texas) Herald, in which I
made some strictures on the said Medina. The annexed copy of said card
is correct. For this publication in the Texas paper I was arrested on
the 23d day of June, 1886, and taken before one Regino Castañeda, judge
of the second court of this city. When before the court I asked the
privilege of counsel and an interpreter, both of which were denied me,
and the said judge (including all other parties, except the official
interpreter, one police officer, and one Mexican, and myself) proceeded
with closed doors to investigate the case, which he did solely by asking
me questions which I refused to answer, claiming that, the card having
been published in the United States, he had no jurisdiction.
At the conclusion of the examination the judge notified me that I would
be held to answer to the charge of having published the card in the
Texas paper, and that I would have to go to jail. At this point I
claimed the protection of the United States Government, and so informed
the court, and wrote a letter to Hon. J. Harvey Brigham, United States
consul, informing him of the fact. The court refused me bail,
[Page 695]
which I could at any time have
given, and I went to jail, where I have been incarcerated since the 23d
June, 1886, in a filthy, loathsome prison.
During the day I am allowed the freedom of the court yard, or inclosure
of the prison, but at night I am locked up with all the other prisoners,
of every grade and stamp, in the same room, some 18 by 40 feet, with
only one door, which is locked at night, making it a closed room in
every respect, there being no other means of ventilation. The room is
filthy and loathsome, with only a ground floor. No bed clothing of any
kind has been furnished me, and but for the kindness of friends outside
I would have to sleep on the bare ground in all this filth, as other
prisoners have to do.
I am allowed six tclacos, Mexican money, per day (equal to eight and
one-half cents American money) upon which to subsist, and would have
suffered for food but for assistance and food from the outside.
Sworn to and subscribed before me this day.
[
l. s.]
J. HARVEY
BRIGHAM,
United States
Consul.
[Inclosure 5 in No. 45.]
Affidavit of A. N. Daguerre.
Before me, J. Harvey Brigham, United States consul at Paso del Norte,
Mexico, came and appeared, on the 1st day of July, 1886, Mr. A. N.
Daguerre, who, being duly sworn, deposes and says as follows, to
wit:
I am personally well acquainted with A. K. Cutting, and know him to be an
American citizen. I am engaged with him as partner in the publication of
a newspaper called El Centinela. I know that he was arrested and
imprisoned for publishing a card in the El Paso (Texas) Herald, June 18,
1886, reflecting upon Mr. E. Medina. I was present in the court-room and
heard the judge announce these facts in reply to questions asked by Mr.
D. J. Sarback, clerk to the United States consul. I am myself a Mexican,
and speak the Spanish language, and knew exactly what he stated. The
judge stated emphatically that Mr. Cutting was not in jail for contempt
of court, but for the publication of the card in the El Paso (Texas)
Herald. I was present in the court-room, June 24, 1886, when we hoped to
have Mr. Cutting released, as I had been informed that the prosecuting
attorney would probably dismiss the case.
The prosecuting attorney informed everybody present that he could do
nothing in the case that day, claiming that it was a legal holiday. I do
not understand that it was a legal holiday, and all the other courts
were in session, and the custom-house and post-office were open on that
day. I was present in court when bail was refused Mr. Cutting by the
judge. I know that he is able to give bail in any reasonable amount and
by some of the wealthiest men in the city. As long as I have known Mr.
Cutting he has been a peaceable and law-abiding citizen, and diligent
and attentive to his business. Never knew him to be in any other
difficulty. I have visited him in jail daily since his imprisonment, and
know it to be a loathsome and filthy place. I know that at night he is
locked in a room with from six to eight other prisoners, and when the
door is locked there are no other means of ventilation. It is an adobe
house, almost air-tight, and has a dirt floor. He is allowed six Mexican
tolacos per day upon which to subsist (equal to eight and one-half cents
American money), and it is necessary to furnish suitable food from the
outside.
He was not furnished with any bedding (not even a blanket), and would
have had to sleep on the ground or a bench if bedding had not been
furnished him by his friends.
I am thirty years of age, and born in this city, and am a married
man.
Sworn to and subscribed before me on the day and date above
written.
[
l. s.]
J. HARVEY
BRIGHAM,
United States
Consul.
[Inclosure 6 in No. 45.]
Affidavit of H. G. Turner.
Personally came and appeared before me, J. Harvey Brigham, United States
consul at Paso del Norte, Mexico, on this 1st day of July, 1886, Mr. H.
G. Turner, who, being duly sworn, deposes and says as follows, to
wit:
I am personally well acquainted with A. K. Cutting, and know him to be an
American citizen, and, that be is engaged in the newspaper business in
this city. I was present
[Page 696]
in
court when it was announced by the judge, through the official
interpreter, that Mr. A. K. Cutting had been arrested for publishing a
card in the El Paso (Texas) Herald, June 18, 1886, reflectíng upon Mr.
E. Medina; that he had been examined and was being held on that charge.
I frequently visited him in prison, and know that it is a loathsome,
filthy place, with a dirty ground floor, and that it smells very badly,
and that he is incarcerated with eight or ten other prisoners, all in
one room at night. These prisoners are in jail for various offenses, and
some of them dirty, filthy creatures. I know that he would have had no
bedding (not even a blanket) unless they had been provided by friends
outside, and that I personally provided these things for him. Mr.
Cutting informed me that he was allowed only six Mexican tolacas a day
(equal to about 8½ cents in American money) upon which to subsist. I
have been personally attending to the matter of sending his meals to him
daily, knowing the absolute necessity therefor. When the prisoners are
locked in said room at night, it is entirely closed up, and there are no
means of ventilation left. It is a close adobe house, nearly
air-tight.
It is an exceedingly unwholesome and filthy place. I know that Mr.
Cutting is able to give bond in almost any amount by the best men in
this city. I am satisfied, from my knowledge of this case, that the
arrest and imprisonment of Mr. Cutting is mainly for the purpose of
oppressing and humiliating him, and I will state that this is the
general impression. I have been residing in this city for the past three
years, and am an employé of the Mexican Central Railway.
Sworn to and subscribed before me on the day and date above
written.
[
seal.]
J. HARVEY
BRIGHAM,
United States
Consul.
[Inclosure 7 in No. 45.—Newspaper
extract.]
Another Mexican outrage.
Another case of the bad faith of the Mexican officials toward American
citizens is instanced by the treatment of A. K. Cutting by the
authorities of Paso del Norte.
A review of the circumstances by which Cutting was brought in contact
with the Mexican law was given in the Times of Wednesday, but the
offense for which he was arrested on Tuesday seems to have been
misunderstood by him at the time, as he stated to a Times representative
that it was the ridiculous manner in which he published the
“reconciliation” which he had been compelled to sign by the suit of
Emigdio Medina. Since then it has transpired that the arrest was made on
account of the publication about Medina in last Sunday’s Herald. When
this fact was developed at his trial on Wednesday, he informed the court
which had refused his request to be allowed to employ counsel that he
would invoke his rights as an American citizen and throw himself on the
protection of United States Consul Brigham. Accordingly he communicated
with Judge Brigham, who at the time was unwell, and the judge, with his
characteristic zeal, in spite of his ill health, called on the
magistrate who had committed Cutting to jail, and insisted on his
release from custody.
The magistrate informed the consul that if a mistake had been made in
sending Cutting to jail to await his trial, the district attorney was
empowered to order his release. To the district attorney he went
accordingly, and that functionary told him that Cutting should be
allowed to sleep at the house of Mr. Daguerre that night, instead of in
jail, as had been ordered, and that his trial would come off in the
morning. This, it seems now, was only a ruse to get rid of the consul,
for late on Wednesday evening Cutting was carried off to jail in spite
of the assurance to the contrary, and has been there ever since.
Consul Brigham, upon hearing of this breach of faith, insisted yesterday
morning upon the prisoner’s release, but was informed that it was a
legal holiday, and no action could be taken, though the day was not
observed by any of the other courts, all of which transacted business,
and the consul believes the holiday was merely a subterfuge.
He will this morning make a formal demand as United States consul on the
magistrate, who occupies the same relative position as a justice of the
peace in this country, for the release of Cutting, and will forward a
report of the case to the Department of State at Washington. The offense
for which Cutting is in jail was committed in the United States, and to
the State of Texas alone he is amenable for it; the idea of punishing a
man for an offense committed in a foreign country being purely
Mexican.
It is on this ground that Consul Brigham will proceed, and it is to be
hoped that he can compel the authorities with which he is contending to
do justice to his countryman.
[Page 697]
[Inclosure 8 in No. 45.—Newspaper
extract.]
More Mexican atrocities.
The antipathy of the Mexican Government and its people in general towards
Americans is again illustrated in the case of Mr. Charles Merkley, the
worthy station agent of the Mexican Central at Chihuahua, who was
imprisoned last week at that place and denied bond for defending himself
from an attack made by a pelado who became enraged because he did not
see fit to turn over freight to him without a written order, in
accordance with the instructions of the company in every instance. He
struck Mr. Merkley first, and the offense of the latter consisted in
resisting the blow. Mr. Scott, United States consul at that point, up to
the present has seen fit to make no intercession in behalf of Mr.
Merkley as a citizen, of the United States. He enjoys the reputation
among the Americans of Chihuahua of being a “veritable chump,” who is
wedded to a Mexican, and, of course, thoroughly in accord with Mexican
ways.
In Paso del Norte we happen to have a most efficient consul, Judge
Brigham, who has ever been alive to his duty as a representative of this
Government, and if his report to Washington in, regard to the audacious
interference with the liberty of American citizens by the authorities of
Paso del Norte meets with no attention on the part of the powers that
be, we might as well dispense with such official appendages to our
Department of State and throw ourselves upon the mercy of our
persecutors, or else redress our wrongs as best we can as a
community.
Mr. Cutting, the editor of El Centinela, for publishing an article on
this side of the river, languishes in their bastile, a place of filth
and dirt, where thieves and murderers would more than expiate their
crimes in lingering a single night; and this is Mexican justice meted
out to a loyal citizen of a land upon whose escutcheon there lingers no
stain, and whose past history, replete with heroic deeds, has made her a
star among nations, her only fault being her leniency towards this
unappreciative neighbor, who has mistaken sympathy for her weakness for
fear, and shows her gratitude by flaunting insult after insult in the
very face of our Government. A few palliating words from the city of
Mexico cannot make reparation for such flagrant outrages. There are no
extenuating circumstances in these cases. Unless our citizens are
protected, of what value are our treaties?
[Inclosure 9 in No. 45.—Newspaper
articles.]
The Cutting case.
Regino Castañeda, the judge of the second court of Paso del Norte, a
diminutive specimen of humanity, who is weighted down with the high
functions of “el juicio” and wears the dignity of
his petty office with more pomp and circumstance than the Czar of
Russia, and before whom it was Mr. Cutting’s “mala
suerte” to be arraigned, became incensed at the American
consul, Judge Brigham, who, in sending his official request that Mr.
Cutting should be liberated, deemed it fit to say that he was informed
by the official interpreter, instead of saying he was informed by his
honor, the high muck-a-muck, the all-potent juez,
through said interpreter; and upon such quibbling he has procrastinated
and sought the opportunity to exhibit his power. The interpreter seeing
that this only involved the changing of a few words, took the
responsibility upon himself to change the document, and then his honor
again was piqued because he did not wish it known that he had imparted
any information of an official character to a United States consul, and
wished the document changed again.
At this juncture Mr. Daguerre intercepted and took the document back to
Judge Brigham, who has been exceedingly ill and is now confined to his
room. The latter reproved the interpreter severely for changing an iota
of the document, and refused to have any further parlance with his
majesty, Castaneda, but will write to Washington for immediate
instructions on the matter and see if Uncle Sam will forever submit to
such insults, this time from a petty little juez segunda in a frontier
town, in a republic that would crawl in its hole at the first command
“to arms!” given by this Government.
This is not the first occasion of the kind, and it is about time Mexico
should be taught to respect this Government. The fault is with the
Government in not exacting reparation for all such flagrant breaches of
the comity that should exist between neighboring and friendly nations.
The supineness of the Government in the matter of the killing of Captain
Crawford is enough to totally destroy the respect for this nation in
Mexico. When an English subject is in any way abused in Mexico the home
Government immediately exacts reparation. In one case an Englishman’s
horse was taken and he was obliged to walk to town a distance of a few
miles. Not less than $1,000 were exacted and paid.
When this Government respects itself sufficiently to protect its citizens
in a foreign country an end will be made of these outrages, and not
until then.
[Page 698]
Meanwhile Mr. Cutting remains in custody at the mercy of the court. He
will have a big show for damages for false imprisonment if the
Government will condescend to take notice of his case. The contempt of
court, for which he is held, was committed in United States Territory,
and his imprisonment is entirely without cause or precedent.
A. K. Cutting, of the Centinela, of Paso del Norte, is still confined in
the Mexican jail on what every fair-minded man must consider a frivolous
and unfounded charge. The Mexicans are revenging themselves on him for
an offense he committed on this side of the river, on American soil.
This is an unjustifiable outrage. Although Mr. Cutting has during his
journalistic career on this and the other side of the river never
exhibited any very friendly spirit towards this paper, still the Times
feels constrained to say that his imprisonment is an unqualified
outrage. He is an American citizen, and entitled to protection against
frivolous and undeserved imprisonment. We trust that Judge Brigham, our
consul, will succeed in interesting the State Department at Washington
in his case and have ample reparation exacted.
