The weekly Arizona miner., 1872-01-13

a hetween the Papaeo and Apache nations By Y ~ l,.La-o,, cndes of both nations, the !, sIapcbtar of their enemies, ot all ages and n saves ;s ;ustifiable, and such has been their .ln.,c,;.. The United States has neither b abrog,ted these codes or either ot them, nor - prcv,.nted lostiities between these Indian . ir,Ics nor protected the PapagoS from the p murder and spoliatiOn of the ApacheS, for I s,,bmit that the evidence in the present case shows that the Papagos have been and now r are subject to the predatory assaults of the Apaches. If the Papago nation were not exercising a recognized legal right in
 the murderous assault charged in this indict-
 ment, l charge you that it has not been and
 cannot be shown, that they arc guilty Of
 murder as charged in the present case at all. [ It is alleged in the indictment that the Apaches at the time the assault charged was
 made, were prisoners var and thus under
 the protection of the United States. For all
 the purposes of the present case, this may be accepted as a true statement of their condl-
 ton Every government owes protection to
 all persons within its limits and jurisdiction, while they are obedient to. its laws and at T peace towards other persons within the same
 limits. If they violate these laws or assail
 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 assaling, murdering and despoiling other
 persons entitled to the same protection. It
 is the duty of government to protect all per
 sons and classes of persons within it's limits
 and jurisdiction from the wrongs and assaults
 of all other persons within the same. This i is necessary 10 prevent civil and social con-
 flict and bloodshed If however government
 allows one class of persons within it's limits
 and jurisdiction presist tently to assal and
 spoil another, then the injured class is re-
 mitted to its natural right of self-defense
 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 Arzon protection from Apache spoliation and assault If such spol- iation and assault are persstently 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 it forfets the right 1 of protection from the United States, le.her that rslt io the general protection which 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 ton of them quartcrcd near Camp Grant, on which the deadly assault, described in the i indictment, was made on the Both of April ! last, been persistently assailing and spelling and murdering the Papago, Mexican and 1 American residents of Arizona? and has this hecn prevented by the United States? The
 vi lcn,c is quite full or this subject and l ]
 ubnjt to you whether Ir daeS CT does not .
 rove that thc Apache nation. and especially .
 hat portion Of it op which the assault charg-
 in tue indictment was made OH the 5pth !.
 f April last. were previously Co that time, hen a,l nov in sin t.af ao- 'ilities towards
 Il tue PaHaGo, MeNc;.n and Amer can resi- oentS in Arizona, including the defendants and such as they! Has tals or nas It not been continued for years Has it been at tended with loss of life and property of the classes mentioned? and has the government of the United States prevented this Does or does not the evidence in the present case show that the clothing, arms and other prop erty of murdered and despoilcd 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 ln Indian road leads from the place or places of this murder and spoliation 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 spoliaton {? 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- ,ices, you will find whether 1t proves also that they were and are persistent. If you ind that this murder and SpOliation had been or were on the 30th of April last persistent: f you find that this murder and sroliation were not persistent you will accordingly find one of the following conclusions:
 FirSt-That the attack charged in the In- was or was not. a iustiticble act of defensive or preventive hostilities; Ur,
 Second-That it docs or does not cast such reasonable doubt on the motive in mak. ng the assault charged in the indictment as 'hall render you unable to say whether the defendants were actuated by murderous mal- ce in making such assault. .' titit '-i
 Accordingly as you find the affirmative or the negative of these conclusions, your yer dict vii: be |" Not guilty" or "Guilty."
 To ald you in the foregoing inquiries you will ascertain from the evidence in this case I whether the government of the United States does or does not encourage combina- tions of citizens in Arizona for hostiities against tic Apaches, by furnishing them arms, and subsistence, and occasionally when practicable cooperating bodies of its !, own troops; and also whether, in pursuance d of that policy of the government of the United c States, its officers did not counsel and en- courage the organization and enterprise which n led to the attack charged in the indictment . for any purpose, in any quarter and to what | extent.