The weekly Arizona miner., 1872-01-06

.sision of Lou, etc.
 Gentlemen of the Jury: In this case ninety nine or hundred persons are indicted foI murder, comprising more than seventy Papa go Indians, and more than twenty American, and Mexicans, all residents of Arizona and ol this vicinity. The accused all but one, have been relieved of the charges contained in the indictment by R0ile pi0aqpi. The rest oi them, ninety or ninety-cight, arc on trial before you, and 1t Is for you to say whether upon the evidence they arc Guilty, or Not Guilty
 The indictment alleges that the persons Kuled were Apacse Indians, quartered at the time near Camp Grant in this District, as prisoners of war under the protection ol me United States It may however, be doubted whether the victims were Tn 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 Tor some years has been in a state of hostltitIes 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 subsIsted un- der an equvocal promise of peace and order. There were, therefore, in the custody, loose 
 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 ali the purposes 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 Both of April of the present year.
 Tine indictment contains four counts. In the three first they all charged as perpe trators. In the fourth and last count, one of the accused is charged with actual comms- sion of the homicide, and all the others as present aiding and abetting. If the allega- tioHs 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, unlawfully kills a reasonable creature in being, and in the peace of the commonwealth, with malice prcponso or aforcthought, eifhcr expressed or implied.' Such is the law, which 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 jjuris dicton of the present case.
 The case derives peculiar interest from the persons referred to, both as victims and per petrators. Tho Apache Indians have been at War with the Spanards Mexicans and Americans for more than century. The Papago Indians have generally been at peace, perhaps without exception, with the nations lucHti.a1' They atr. ..wcve. been at Uar. aay H10 ... -.. as hes, G.m iime flI..uoriaI F9}a tsss, Indiln tribes. 2. 3, pei.raI. H.e powerful ..aajzaliuu- tetpr. cal i.s. H.. wa #lsc'R,goi tv th- "ac can aa.. .al- e.. those who control IT, Tbe~ fhra tsl noieie- 1n. lera' e.1-s of tis~.~ s- ..icb the perish,".- o's of patt tt,t,us s,i!s e. Al. ,. .H- ,eatnieSs tenac- ity. These tribal organizations and codes had been recognized and respected by Spain and Mexico: and they were in full existence when Arizona passed to the United States, They arc also recognized and respected by the United States Between the latter and portions of tac Apache Indian, treaties have existed for some years An Indian Agency has also hcon established by tue Uuitc ciStat.a very recently, with .he Papago tribe.
 l.. doe uot appear that tho United State, hare eyce intericred with the laws of thc Apaches or the paparos, crude though they may be, further than to rc,trcin the host,.'- ties of the Former, OF rather perhaps to at- t.aDt to restrain thon.
 These facts give rise To certain legal deduc- tionS which will be found very important in the present case.
 The case itself is one of-the most remark able sr +h- ao'- pf iu, $. G#s.ss s@r ngm5sr .e t Has daasl}r-s Ht-E H taf aH- na aHef
 Fond .-~---s th--se n ' i ,aa- eeA1 asFa f l1 gar a.ra
 
 utE4 .l.
 fse persons k'lled were, as already statea, hpache Ind.sss. Lieutenant Whitman states .i- -.,,..,h.. of dcad bodies which he saw al
 go and i0 pc Is certainly not as -sta..'t as one. who tlea commanded there who saw og ought to have seen all. and Wun has already written one o" two reports on the subject. might have been Npccted Co be, un- der oath One witu,s, Tor the defense saw about seventy dead bodies. T3C killing was thc result of surprise and wao 0erpet-s.c3 early in the morning One oll man ..aa young Indian about Is years of age, were the only males, excepting mere children. The yEoie npnlber of Indians Zen aj th-tt 2lt -c.,lYpInent is prA@e6 ta have been about 45Q " 'soportion oi little more than one in five in me- Ia.> ~"eld have given more than go men ,heB helu0-,Go "a the encaRIl- meut, and yet only one of all these was kill ed. Where were they As tho stiack was surprise and made carly in the morning. tasy must have heeu absent, no- from feaf q. an attack, but from some motYv prior and indeneuent of that fact. Where they were and@That they were de'nS are not VTorpd yhe absence Is, however, sm emphatic com ,nent regarding those who are claimed to have been kept with any Of the strictuesS of r-isnne,.s of war Al ent two oi the victims were women and children.
 The killing by the persons indicted, 'es harif,. been denied since tEc Tlts of l" >iot ,-mlty.n 1t Is indirectly but clearly proven 10 have been done by them or some ot them F .i ,,r.. ,,f ..-. ,rn hara lllrn sansl l'- .itlt