The weekly Arizona miner., 1872-01-13

To constitute murder, the motive to u . decd must be malice. Mnrderous malice
 simpIe mental or rather moral condition. is sil-b deliberate hatred towards the yictii
 of murder as leads the perpctrator to take Il
 life. or such cold blOodcd indifference tc
 wards the lives of men as makes tie peTpe ' trator of murder, reckless whether the pei
 son whom he kills lives or dies. This Is th
 inquiry which remains for you in the preSen
 case. The murderous motive must not be m
 sanity. or idiotcv, or irresistible de>pair,
 insane fury. or overwhelming fear, or morpi' - apprehension. which the perpetrator oi hD,' ,'' [ ic.de cannot resist. or some tranceiD' - impulse which 0verthrows 'He , $ control of the perpctrator ",e oi =, n, icidc. anI leads him in spite 0' h'''''0' 7" " ? the deed, nor must It be su'" V conflicting or agitating impulses i'i 'nc Pe' [ pc,rator of homicide as destroys .he mora conception of right or "ro''6 "H" icaoa hiH
 bndIy to do the deed.
 It o1ust be malice deliberate and malig p,af or cold blooded and reckless to deadly
 degree Was such the motive of the pres ent case? Was this the Inental or mora condition which led the perpetrators to dc the act described in the indictment and prov cd 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 One killed in actual battle in public or lawful war, ! x not murdered, nor is he who does it mur- ,lcrcr. To kiln public enemy, when non combltaEt, or when doing or threatening no act of war, when virtually at peace i'll or out rf the country of the perpetrator, might be mnrder.
 To hill one engaged in actual unlawful hos tilties, 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 qucll or destroy him t0 secure his own per Sonal safety. In a country like this, with few people, with none or very little police, filled with murlerous savagcs far more nu merous tan 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 aud law loso enrmy.
 The law which constitutes our code, crimi nal as well as civil, has grown mp in quiet, populuus and strongly police1 communities very different from this. It is the same in 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 cOnst ute and control human motives here, are far grayer than those of old, qniet com munities with law supported by numerous population and adequate police. There the safety of the man is secured by others charg- nt "'th '1a personal security of all the cit lsHs lier5, amh inDumorahle perls, ti citizen must take care Of himself Uud. heaven h. has DO one else to look c.. D. A 1Zoar. arms are as necessary in trlYcl aVs even n ,ac isolated home or camp, e io, r' .,aa-. lue 1'aer aud hcrder cari { sa at tUc blow ana WItA the herd or tr nv,n. Dy uay .hey aI. on tue peroon by n.ght, at the hand of the sleeper.
 Men thus schoolcd, possess characters and con, ,ctons of right and wrong very differ cnt from these of old and quiet communities. ] { i> the bold, restless and adventurous who come here. No others cut loose from the place where they were cradled and all the amc4itics of home. Subject such persons to t,.a 'riaiS above detailed, and you have cX- lc.ly the characters belonging to one class of these defendants, painfully alert, fearful with the fears of brave men, and there is uothi1g more painful, suspicious and ready tr meet deadly conflict for self or for com .aln It was to trace, ii possible, the mo- lives )f the defendants, to the acts for which l they stand IiIdicted, that l permitted the l very considerable range the testimony of this l case las taken.
 II ever there was case in which the law
 ILo, saalr ugt kill -annogucld lpi H. ,'>t and m, ra.sre5 of all known !
 g.. ar#.se. .'-e.-,. i,t es err oae prom"l-...I .... -h"uil re most cautiously applied, ij i,
 sent one D which the defendants have ;hOoled Co EoEili1- apprchcnsious, .. he blood rea line yt a troubled from
 gNpal led into a vast t8,a in 0t D oaa he Iery gU2..s ..o .iacroi Dy tue gore 1 nd tlie graves of fallen wayfarers, where very corpse may shelter it's skulking mur- rcrs, where the very atmosphere is heavy .I,h dgltll, ard where brave and honest men JIG cumpelled by stcalthy night travel to ,o'l iHe light of day, lest it should guide Inc ica or the steel of the assassin to the .oagt the brain of his victim. do not ls19 q lt-herc or elSewhere-the bountla- is- ght and wrong should vibrate like ysa}er- shuttle, but in q case such as the p~rs 1' we should test the motive of the 'e,.lHaaaS by every actuating circumstance, a ascertain whether the motive was malice. ,r rloi lois.dsapprchenson, or a madening sense ,f wrrn-, or misconceiyed right, or intolera- lle suffering, or gloomy despair, or conflict ng iuipu scs, involving these defendants in nora ;ness, and impcling them in spite r tLols rcs to do the deed charged in the nlit-Wcnt.
 Aaotlpr inquiry presented by this case, is whether t.e defendants in the deadly attack u che the Apache camp charged in the in .Ictuen, nave violated any law of the Uni ca states, or whether that attack was not [ a' cN .-rise of a natural right 10 prevent or