Arizona citizen., 1871-12-16
LAW FOR THE PEOPLE.

Complete Charye, 5y Chief Justice JOHN
 TTrUs, to the Jury aohich Tried the 100
 Men for KaJing Hostile Iudiaas-P0p-
 Marty Knoacn as the Canap Grant
 Massacre" - Righteous Exposition of
 Lal0, etc.
 Gentlemen of the Jury: In this case ninety-nine or hundred persons are indicted for murder, comprising more than seventy Papago Indians, and more than twenty Americans and Mexicans, all residents of Arizona and of this vicinity. The accused, all but one, have been arraigned and pleaded to the indictment. Two of them have been relieved of the charges contained in the indictment by nOIle pr0seq1. The rest of them, ninety seven or ninety-eight, are on trial be- fore you, and 1t is fer you to say whether upon the evidence they are Guilty" or Not guilty"
 The indictment alleges that the per- sons killed were Apache Indians, quar- tered at the time near Camp Grant in this District, as prisoners of war under the protection of the United States. It may, however, be doubted whether the victims were i'll any technical sense prisoners of war. The question, how ever, is immaterial, for 1t is certain that they all belonged to the Apache nation, which for some years has been in a state of hostilities towards the United States and its citizens and resi- dents in this Territory, that they had surrendered to the troops of the United States at Camp Grant, and were there subsisted under an equivocal promise of peace and order. They were, there fore, in the custody, loose though it seems to have been, and under the protection of the United States, so far as to give this Court jurisdiction of the case under the laws of the United States, and they may for all the pur- poses of this trial be accepted in the character in which the indictment pre- sents them "Prisoners of war" The killing is alleged and proved to have been on the 3Oth of April of the pres ent year.
 The indictment contains four counts. In the three first they are all charged as perpetrators. In the fourth and last count, one of the accused is charged with the actual commission of the homicide, and all the others as present aiding and abetting. If the allegations thus made in the indict- ment were proved, they would all be equally guilty.
 Murder, under the law of the United States, is as defined at Common Law :; that is Murder is where person of sound memory and discretion, unlaw- fully kills a reasonable creature in be- ing, and in the peace of the common wealth, with malice prepense or afore- thought, either express or implied.
 Such Is the law, which 1 shall ex- plain to you more fully hereafter. The indictment, I charge you, Is suffi- cient for all the purposes of the pres ent trial, and the Court has jurisdic- ton of the present case.
 The case derives peculiar interest from the persons referred to, both as victims and perpetrators. The Apache Indians have been at war with the Spaniards, Mexicans and Americans for more than a century. The Papago Indians have generally been at peace, perhaps without exception, with the nations mentioned. They have, how ever, been at war, as they now are with the Apaches, from time imme- morial. Both these Indian tribes, it is believed, were powerful organizations before our Hemisphere was discovered by the European ancestors of those who now control 1t. They then had policies and legal codes of their own.