The weekly Arizona miner., 1872-01-06

! of murder as leads the perpetratnr to take his ! life or such cold blooded indifference To-
 wards the lives of men as makes tEe pcrpe-
 tratcr of murder, reckless whether the per son whom he kills lives or dies. This Is the
 inquiry which remains for you ln the present
 case. The murierous motive must not oe 'i- sanity. or idiotcv. or irresistible derpalr, o, ~
 insane fury. CT overwhelming fear, or iIoip,D s apprehension. whirh the perpetTat"r oi o,So,,t %J l icidc cannot resist. or some trIh''it: % seit: impulse which overthrows 'ne to,a
 control of the perpetrator ",c oi ,a do
 ici,lc. and leads him in spite 0' h'''''1' '" tbo d.eJ nor must it be snch variety oi 'Do Da :'.;a ar ,,,;tatiuc impulses in the per
 o.rnt,r cr homicide as destroys the moral
 P,.o'.,,,;o, nf right or wrong and leads him blindly to do the aeed' ,., T,
 u,nt. or cold blooded and reckless to a deadly degree. Was such the motive of the pres ent case? Was this the pental or moral condition which led the perpetrators to do the act described in the indictment and prov ed in the testimony laid before you in the present case
 The rational or human being killed, must be fully born at the time of the Killing. To kill an unborn or partially born child Is not murder. The human being killed must be born and alive. The person killed must be :" in the peace of the commonwealth. Ohe killed in actual battle in public or lawful war, is not murdered. nor is he who does 1t mur- ,lercr. To kiln d public enemy, when non combatant, or when doing or threatening no act of war, when virtually at peace in or out of the country of the pcrpetrator, might be murder.
 To hill one engaged in actual unlawful hos tilitics, or in undoubtcd preparation with others for active hostilitieS, would not be murder In countries like this the resident is not bound to wait until the assassin, say age or civilized, is by his hearth, or at his bed side, or at his door, or until the knife oi the assassin is at his throat. If lie has un- doubted evidence that others are preparing, alone or in combination, to destroy him and his property, he may anticipate his foe and qncll or destroy him to secure his own per sOnal safety. In country like this, with few people, with none or very little police,
 filled with murderouS savageS far more nu- mcrous than the orderly and peaceful, that charge you is the law Any other rule of hum m life and action would place the quiet citizen in the power of his deadly and law loso oucmy.
 The law which constitutes our code, crimi- nal as well as civil, has grown mp in qulet, populous and strongly poiced communities very different from this. It is the same III principle here as there Here, however, IS cases such as this, the administration of law requires peculiar care and caution to avoid judicial murder The circumstances which constitute and control human motives here, are far graycr than those of old, quiet com munitieS with law supported by numerous population and adequate police. There the safety of the man is secured by others char@- ed vith tH- l.--0ual security ol all the Clt zeu-. ucr5, aHid iHuumcrallc pcrjls, ti citizen must take care Oi himself ud' heaven b. H3s no one else to look c.. Arizona. arms are a, necessity la travel aI even 'u tle i-oj.tcd home or camp, aS iot pr. a.au- ise .i1~s.r aud horder carr them at tu- blow and with the herd or tt ilo,n. Dy da, .hey aIo oa enc peIaOn, by night, at the hand of the sleeper.
 Men thus schooled, possess characters and cony ctions of right and wrong very differ cnt from those of old and quiet communities. IL is the bold, restless and adventurous who come here No others cut loose from the place where they were cradled and all the amcnitics of home Subject such persons to tj.e triaiS above detailed, and you have cX- ac,Iv the characters belonging to one class of tbese defendants, painfully alert, fearful with the fears ot brave men, and there Is nothing more painful, suspicious and ready to mgct deadly conflict for self or for com, ra1c It was to trace, ii possible, the mo- tive, Df the defendants, to the acts for which they stand indicted, that l permitted the very considerable range the testimony of this case las taken.
 IT ever there was case in which the law
 Iaoy ~aal' rgt kj. -announccd W
 t.,t and ma- TEgTea ot all known .. :n.i.s-sisse--,. it cry one prom I s...... -houl1 he nJnst cautiously applied, ' k l. -,Scnt one n winch ,bo defendants have i.r ,h0oled e. goEizipr apprchvnsI0us, ,, he hlooi rcu .,ae ot 'l trou5eG iron
 expanded into vast G03a-H ot b.oad, pl.vt he FeTy roa4s -.o ..acru by the gore and tiie graves of fallen wayfarers, where every corpse may shelter i;s skulkng mur- derers. where che very atmosphere is heavy with death, and where brave and honest men are euupeiled by stcalthy night travel toI aeolI the light of day, lest it should guide the lea, or the steel of the assassin 10 the heart OF the brain of his victim. l do not mean q tt-here or elSewhere-the bounda- lirs of ght and wrong should vibrate like a wJaver> shuttle, but in a case such as the present, we should test the motive of the lciendaatS by every aetuating circumstance, to ascertain whether the motive was malice, or. r.raotG4usapprchension or a madening sense of wrong, or misconceivcd right, or intolera- ble suffering, or gloomy despair, or conflict ing impulses, involving these defendants in moral ia ;ness, and impclIing them in spite g t} .,z,i vrc to do the deed clarUea in the indictment.
 Another inquiry presented by this case, is whether tie defendants in the deadly attack on the the Apache camp charged in the in djctmenJ. nave violated any law of the Uni ted States. UT whether that attack was not ,hc exercise of n natural right to prevent or restrain tha murder and spoliation to which the people oflthis Territory have been and are now su| jected by the Apache nation, and, as the gyjdence in this case shows, by that