Arizona citizen., 1871-12-16
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by the government, then the sufferers have 8 right to protect themselves and to employ force enough for the pur- pose. It is also to be added that if the Apache nation or any part of 1t persists in assailing the Papagos, or American, or Mexican residents of Arizona, then it forfeits the right of protection from the United States, whether that right is the general pro- tection which @ government owes all persons within its limits and jurisdic- tion, or the special protection which is due tc prisoners of war, as the Apa- ches killed on the 30th of April of last, are claimed to have been in the indictment.
 Now, gentlemen, what is the evil dence before you on this branch of the case? Have the Apache Indians and especially that portion of them quar- tered near Camp Grant, on which the deadly assault, described in the in dictment, was made on the 3Oth of April last, been consistently assailing and spelling and murdering the Pa pago, Mexican and American resi- dents of Arizona? and has this been prevented by the United States ! The evidence is quite full on this sub ject, and l submit to you whether 1t does or does not prove that the Apache nation and especially that portion of it, on which the assault charged in the indictment was made on the 30th of April last, were previously to that time, then, and are now ill state of hostilities towards all the Papago, Mexican and American residents in Arizona, including the defendants and such as they? Has this or has it not been continued for years :? Has it been attended with loss of life and property of the classes mentioned ? and has the government of the United States prevented this? Does or does not the evidence in the present case show that the clothing, arms and other property of murdered and de- spoiled Papagos, Mexican and Amer ican residents of Arizona, have been found in the possession of those on whom the assault charged in the in dictment was made? that an obvious trail or Indian road leads from the place or places of this murder and spoliation direct to this encampment ? and that these Indians before and since the assault charged in the in dictment, have admitted their partici- patton in this murder and spoliation ? If this is shown, Is there any evidence that the United States government has stopped this or had done so on the 3Oth of April last!
 If you find the evidence proves these practices, you will find whether it proves also that they were and are persistent. If you find that this mur- der and spoiation had been or were on the 3Oth of April last persistent: if you find that this murder and spo- iation were not persistent, you will accordingly find one of the following conclusions:
 First-That the attack charged in the indictment, was or was not, a | iustifable act of defensive or pre- ventive hostilities; or,
 Second-That 1t does or does not cast such reasonable doubt on the mo- tive in making the assault charged in the indictment as shall render you un- able to say whether the defendants were actuated by murderous malice in making such assault.
 Accordingly as you find the afirma- tive or the negative of these conclu- sions, your verdict will be "Not guilty" or "Guilty.'
 To aid you in the foregoing inquiries you will ascertain from the evidence in this case whether the government of the United States does or does not encourage combinations of citizens in Arizona for hostilities against the Apaches, by furnishing them arms. ammunition and subsistence, and oc- casionally when practicable co-operat- ing bodies of its own regular troops and also whether, in pursuance of that policy of the government of the United States, its officers did not counsel. and encourage the organization and enter prise, which led to the attack charged in the indictment, for any purpose, in any quarter and to what extent.
 If you are not able to determine the guilt or innocence of the defend ants from the foregoing classes of in- quiries, by careful examination of the