The weekly Arizona miner., 1872-01-13

Gentlemen of the Jury: In this case nincty
 nine or hundred persons are indicted fo
 murder, comprising more than seventy Pap
 go Indians, and more than twenty American
 and Mexicans, all residents of Arizona and
 this vicinity. Tue accused, all but one, hay
 been relieved of the charges contained in th
 indictment by aolLc piOseqai. The rest C
 them, nInety-sevcn or ninety-cight, are 0
 triai before you, and it Is for you To sa
 whether upon the evidence they are Guilty,
 or Not Guilty
 The indictment alleges that the person
 kliled were Apacse Indians, quartered at tho
 time near Camp Grant in this District, a'
 prisoners of war under the protection of the
 United States. It may, however, be doubted
 whether the victims were in any technical sense prisoners of war. The question, now ever, Is immaterial, for it Is certain that they all belonged to the Apache nation, which for some years has been in a state of hosttitie, towards the United States and its citizens and residents in this Territory, that they had surrendered to the troops of the United States at Camp Grant, and were there suhsisteI un der an equivocal promise of peace and oc.ler There were, therefore in the custody. lo,,.s though it seems to have been, and un,icg thc protection of the United States. 70 Er a~ f0 give this Conrt ia;is,ii. :ion Gf the GUS, i,!icr the laws of the United States, and t.cy may for all the purpose of this trial be accepted in the character in which the indictment pre- scnts them: "PrisOners of war" The killing is alleged and proved to have been on the 3Oth of April of the present year.
 Tine indictment contains four counts. In the three first they are all charged as perpe- trators. In the fourth and last count. one of the accused is charged with actual commis- sion of the homicide, and all the others as present aiding and abetting. If the allega- tions thus made in the indictment were prov ed, 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, unlawfulIy kills a reasonable creature in being, and in the peace of the commonwealth, with malice prrponso or aforcthought, either expressed or implied"
 Such is the law, which l shall explain to you more fully hereafter. The indictment, charge you, is sufficient for all the purposes of the present trial, and the Court has juris diction of the present case.
 The case derives peculiar interest from the persons referred to. both as victims and per potrators. The Apache Indians have been at War with the Spaniards Mexicans and Americans for more than century. The Papago Indians have generally been at peace, perhaps without exception, with the nations mcnt a1' They AaT. h.weTgr been It war, aey now u. .a- t..hcs. from rme u.'.aosial 6sta t.e~o Indian tribes, it .a ae..,d, were powerful examination, tel'I ali t.. .r.r. v9 discovered by 'h- Hlr e3U aal.a .9,5 C.. t.Jse waa g,aire ir 'Iat~ f.nu ast rolieic- and lcea' codes al ,,.-'. ellcA tbe perisb'.. .af, o1 uotu ,ltoos sti., ., n D. ,eatn.ess tenac- ity These tribal organizations and codes had been recognized and respected by Spain and Mexico; and they were in fuil existence when Arizona passed to inc United States They are also recognized and respected by the United States. Between the latter and portions oI the Apache Indian, treaties have existed For some years An Indian Agency has also hcon established by tue UniteJStat.s very recently, wita ,he Papago tribe.
 l. doe- not appear that the Unitea State- hare ever i0terlcreJ with tho laws of tb, Apaches or the Papagos, crude though they may be, further than to restrain the hosU.,- lies of the former cl rather perhaps tO at- loat to rustrlm tlIasa.
 These facts give rise 10 certain legal 3educ- tons, which giil Dc found very important in tac present ease.
 The case itself is one ef-the most remark able ic -h- .f sl.rl-s.. agm5er taa. leaa.3a-s u.r." t4e Ke H.rH erf
 toaI .... -...-- .ef fh-.5 -.a 70 ..- asI
 leH .a Jar oH.
 inc persons k'iied were, as already stated .a Apache lud.sas. Lieutenant Whitman states 'i -'-'-,'l,e. of dead bodies which he saw at
 ;0 and 70. i'c IS arrlaulv not a. -stp.-'t as one. Hbo then commanded there who saw or ought Co as,e seen all aul wHp aas already written one o~ two reports on tho subject might have been expected to 5c, un- der cath. One witucs, .or the defense -an about seventy dead bodies T'e killing WI, the result of su-TrJse and wa- 9crle'-.. .si . early in the morning. One oil nan ua young Indian about IS years Of age, were t4c only males, excepting mere children. The wE0ie nRUsber Of Indians Zen aJ th-.s ea r,mpInent is praSed to have been about 45o . , '' ,,aportjon Oi So little more than one in ave m hft- ..- 'tIt nave gwen thuFe trau men ,Ael h o-,e. Co the encamu- reut aua yet only ore of all ts,sc was Xii, e. Where wcrc taey A thg s.aeL VaS a surprise and uel, carly ja thc u. ming. t-.E must have neta absent, ne from fear a- a. attack. hut rom some n,tuyv prior and indeneneut Of that fact N4crc they were and d-s Aat they were dens 2re not proved . hc atselce is. however, m emphatic .an- F., lave b.sa kept aith auy or tas ,tric,ues. a. !, -isar,sss of vrs- AlI bu; two Of ths ,i. ,il welc women and children
 The Killing lv tac persons indicted. no. harlly tcE j.a... -.acc tto li.a si Not s-mita it UI.riy but clearly nIatea ao have been done y t4cm cr soa. et ,agm 1D tl. rr.r nc .... wc have ihCp aessff.-t.