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Show 76 REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. all of the Papagos implicated in this raid had been allowed to return to their homes ou parole except the four ringleaders, who, as recom-mended by Inspector C. F. Nesler, were to be held by the United States commissioner at Tucson for examination in September by the United States grand jury, on the charge of violating United States statute 5286. The inspector reported at the time that he deemed holding the Indians as prisoners until the meeting of the grand jury (from May 27 to September, 1898) a snfficient punishment, and had instructed the assistant United States district attorney to enter a nolle prosequi should they be indicted and brought to trial. April 8,1899, the office was surprised to receive from the agent of the Pima Agency, Ariz., a telegram reporting that thefour ringleaders had been indicted and were about to be tried, and that they had no counsel, and he requested authority to employ counsel. April 10,1899, the office recommended that the Department of Justice be requested to instruct the United States district attorney who had jurisdiction, to give this matter his prompt attention and to have a nolle prosequi entered and the Indians released, unless there were good reasons known to him which would render such action incompatible with the best inter-ests of the service. April 19, the Department of Justice transmitted to this Department a report da,ted April 13,1899, fmm Robert E. Mar-rison, United States district attorney for Arizona, who stated that the instructions by telegram from the Department of Justice to nolle prose-qui the case reached him after it was in the hands of the jury; but that a verdict of not guilty had been rendered, which ended the matter. The Indians were therefore discharged from custody. July 22 the Secretary of State transmitted to the Department a note received from the Mexican ambassador, which stated that while his Government respected the late decision of the court acquitting these Indians, yet it desired to call the attention of this Government to the influences which led to the acquittal, and that his Government desired that effectual steps be taken to prevent any occasion for similar complaints in future. The letter was referred to this office by the Department, with directions to instruct the agent of the Pima Agency "to take a11 necessary means to prevent future raids by his Indians on Mexican territory, as requested by the Mexican ambassador," and Angnst 1,1899, this office iustructed the Pima agent to exercise the utmost diligence and watchfnlness, by means of his agency police, etc., to prevent any of the Indians under his charge from interfering in any way with or molesting in any manner the persons or property of the citizens of Mexico. CATTLE SMUGGLING BY INDIANS IN ARIZONA. Growing out of the El Plomo rnid came a charge that the Indians whomade the raid had brought back with them into the United States cattle which they had stolen while in Mexico. Charges were also made |