The weekly Arizona miner., 1872-01-06

hot reen the Papago and Apache nations nS | .''s tsrhar,ns codes of both nations, the sIarrbtcr of their enemies, of all ages ana
 ".'@S |. ;us,ifahle. and such has been their
 o.;,. The United States has neither IT i..ol .besa code, or either of them, nor
 .tod bostiIities between these Indian tpnI'o- nor protected the Papagos from the
 ,,r,ler and spoiation of the Apaches, for
 l',hmit that the evidence in the present case
 shows that the Papagos have been and no" are subject to the predatory assaults of the Apaches. If the Papago nation were not exercising recognized legal ri?ht ia the murderous assault charged in thls lndict- ment, charge you that it has not been and cannot be shown, that they are guilty ol murder as charged in the present case at all. It is alleged in the indictment that the ADaches at the time the assault charged was made, were prisoners of war and thus under the protection of the United States. For all the purposes of the present case, thlS may be accepted as true statement of thelr condl- ton Every government owes protection to all persons within its limits and jurisdiction, while they are obedient to. its laws and at 1 peace towards other persons within the same l limits. If they violate these laws or assall other persons subject to the common govern ment, it is its duty to punish or restrain the law breakers and to prevent the assaults All persons forfeit the right of government pro- lection, who presist in infringing its laws, or in assailng, murdering and deSpollng other persons entitled to the same protection. 1t is the duty of government to protect all per sons and classes of persons within its limits and jurisdiction from the wrongs and assaults of all other persons within the same. This ' o;,-il cia1n flict and bloodshed. If however, government allows one class of persons within its limits and jurisdiction presistently to assail and spoil another, then the injured class is re- mitted to its natural right of selfdefensc, and may use force enough for this purpose.
 The application of these rules of law to the present case is clear. The government of the United States owes its Papago, Mexican and American residents in Arlzon protection from Apache spoliation and assault. If such spol- iation and assault are perslstently carried on and not prevented by the Government, then the sufferers have a right to protect them selves and to employ force enough for the purpose. It is also to be added that If the Apache nation or any part of 1t persist in as sailing the Papagos, or American, or Mexican residents of Arizona, then 1t fortelts the right of protection from the United States, whet her that right is the general protection winch government owes all persons within its limits and jurisdiction; or the special protection which is due to prisoners of war, as the Ap- aches killed on the 30th of April last, are claimed to have been in the indictment.
 Now, gentlemen, what Is the evidence be- fore you on this branch of the case Have the Apache Indians and especially that DOT tion of them quartcrcd near Camp Grant, on which the deadly assault, described i'll the indictment, was made on the Both of April last, been persistenty assailing and spelling and murdering the Papago, Mexican and American residents of Arizona? and has this been prevented by the United States? The
 yflen,c is ouitc full or this subject, and
 uauit to you whether it. does or docs not
 rove that the Apache nation. and especially hat portion of #. oq which the assault charg-
 d iu the indictment was made ou the 3Gth
 Aprii last were previously to that time. hen a, noas- ir a staten nf hos .ilitieS towt~t~
 Il the papago, MeXican and Amer can rest uents in Arizona, including the defendants and such as they! Has thIs or nas 1t not been continued for years ? Has it been at tended with loss of life and property of the classes mentioned9 and has the government of the United States prevented this! Does or docs not the evidence i'll the present case show that the clothing, arms and other prop crty of murdered and despoiled Papagos, Mexican and American residents of Arizona, have been found in the possession of those on whom the assault charged in the lndict ment was made2 that an obvious trail or h. Indian road leads from the place or places of this murder and spoiation direct to this en- campment '? and that these Indians before and since the assault charged in the indict- ment, have admitted their participation in this murder and spoiation If this Is shown
 is there any evidence that the United States government has stopped this or had done so on the Both of April last?
 If you find the evidence proves these prac
 ,iccs, you will find whether 1t proves also that they were and arc persistent. If you ind that this murder and spoliation had been or were on the j0th of April last persistent: f you find that this murder and spoliation
 were not persistent, you will accordingly find one of the following conclusions:
 First-That the attack charged in the h. dictment. was or Was not. a iustificble act of defensive or preventive hostllltles; Ur,-----
 Second-That it docs or does not cast such reasonable doubt on the motive in mak. ing the assault charged in the indictment as shall render you unable to say whether the defendants were actuated by murderous mal- ice in making suchi assault.
 Accordingly as you find the affirmative or the negative of these conclusions, your yer dict vii. 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 combina- tions of citizens in Arizona for hostilities against tie Apaches, by furnishing them arms, ammunition and subsistence, and occasionally when practicable cooperating bodies of its own troops; and also whether, in pursuance of that policy of the government of the United States. its officers did not counsel and en- courage the organization and enterprise which
 led to the attack charged in the indictment, for any purpose, in any quarter and to what