Luz to A true copy of the original, to which I certify. Acapulco , May 9, 1877 . J. M. LLORENTE. L. CANTÚ. DANIEL H. LUZ, April 18, 1877

Judgment of the court of Acapulco.

[A seal which says: “Court of the first instance of Acapulco.”]

Having examined the case instituted against Mr. John A. Sutter, on account of a wound inflicted on Francisco Ayon, the evening of the 4th day of January, ultimo, by firing a pistol at him; and considering, 1st, that according to the evidence of the trial, said Ayon, without any legal right, went to the store called El Bazar del Pacifico, in search of Mr. Sutter, speaking of him insultingly, and not finding him there started to the consulate, arriving near the doors, armed with two stones; 2d, the accused being in his office and seeing Ayon approach in a threatening attitude and insulting him, endeavored to intimidate him by showing him a whip which he held in his hand; Ayon, on account of which becoming more animated, took no heed of that threat, advancing with more violence towards him (the accused) in order to strike him with a stone, as appeared from the demonstration he made at the time, on which account the witness, Anselmo Camacho, who, being in the said consulate (where for political reasons he was concealed), witnessed the encounter, was going to shoot him with a pistol; 3d, that the said Mr. Sutter attempted to avoid the encounter by the means he considered most appropriate, as appeared from the proceedings; 4th and last, that the aforesaid Mr. Sutter was unjustly attacked in his own office, and that if he repelled his aggressor, he never had the intention to kill him, nor was the pistol used sufficient to cause death at the distance which Ayon was from him when he fired, and besides, the good reputation and conduct of Mr. Sutter, are public and notorious, in view of which and the groundlessness of the charge made by the representative of the ministry of justice, the case should be considered as comprehended in clauses 8 and 14 of article 34 of the penal code, and § 2, title 8, and page 7, and § 1, title 21, book 12, of the Ninth Recapitulation.

In view of the foregoing, and it having been proven that Mr. Sutter acted in self-defense in repelling an actual imminent, violent, and unlawful aggression, which excludes criminal responsibility according to the previously-cited article of the penal code, it ought to be decided, and I do decide, first, Mr. John A. Sutter is absolved from all criminal responsibility for the wound which he inflicted on Francisco Ayon, and in consequence the civil responsibility remains without effect. Make known and remit these proceedings to the superior tribunal for its revision as soon as it is installed in the state. Thus the citizen-judge of first instance rendered judgment and signed. I bear witness.