The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-15

oh's VINO are not lnculpated by the
o'ates evidence" In this state we
nave simpler way of ACCOMPLISHING
hte same result (oee Comp. Laws
Sec 1877. supra.) In any event both
under me Texas procedure and that
u this State, there must not be suffi
cieht evidence, in the 4denent Of The
court, 10 put him on his defense he
ore his co-defendant can, in the man
'er requires, avail himself OF his tes-
!mohy lie SO desires Johnny was
'ot IN the fortunate position that it
on'i be said tnerc was little or no
,ldence against him. nor was the
nTpo&e sought to be accomplished by
&c submission Of is case upon the
ose of the States testimony. the use
II HIS testimony in behalf Of his G.,
defendant
: Confessions OF the defendan.
ba"ah were admitted in evidence
over the objection OF the counsel that
1t did not appear that such con es
slons were given coluntarily, but. up-
on the contrary, were obtained bv
reasons of fear, Inducements and
threats. One Of these confessions
vas maze TO the officers upon the
evening OF the defendants arrest. and
before he was placed in jail.
ne other confession was made the
-otIoWing morning. in the presence OF
L.-e sheriff to representatives of the
local newspapers. The latter confess
slcn was reduced to writing. read ov-
er 10 the defendant, and signed hv
nlfn by ai4Xing his mari thereto. The
aFSt confession was made while the
ueithdaht was In the custody Of GUY
Hainln, the deputy sheriff. a Mr..
oFo"n and 4 Mir Stanley, during the
temporary absence of the sheriff.
II would appear from the evidence
IA the defendant was told by Mr.
anl"y that the defendant johnny
mad told of the crime. and that ao
1rrther said TO him. You might as
"e!! tell the truth" -Avond This
there does net appear to have bee,
'a1fA1ng said TO the defendant to m
"uca him 20 make confession.
Counsel placed the defendant Iha
AN upon the arand to recite the cir
enns|ances of the confession, but ne
!lo hnf vary IN any particular degree
III MS testimony from that reciteH
oy the witness for the State. He
t,d. however. say that il was Mr.
fafhin who told him that JOHNNY
ned already toll about il He tbon
testified: When he told me that it
scared me more. Everything | I'd
JAen was true. l was scared very
much that night
All that can be made of the defend
ant testimony is. that e was scared
when he made his confession to Har.
n. but he iterates upon the stand
mat what he told LAT night va.
the truth.
me only "hjccc in exc!uGin- test
monE glen under threats. duress CT
upon promise of reward. is. that su,,h
testimony might not be III truth !,
aelendant cannot be ideiudiced nv
the admission Of a confession which
he voluntarily acknowledges. undor
GA Ii. Is the truth But the fact that
ne was imbued with fear occasicned
by his arrest and knowledge Of
suit would not alone make his con-
fesslon inadmissible
All that has been said about the
confession made by the defendant
lbapah to deputy sheriff Hardin and
the others. upon the evening of his
arrest. will apply 10 his confession
made the following morning to the
newspaper men.
The sheriff testified as follows with
reference to ne latter confession:
when lbapah was brought out.
told him if he felt like it he could
| make a statement to these men.
unless he wanted to, and he said he
would tell them
Even if there was a testion as to
the admissibility of these confessions
the error, if any, became cured wher
the defendant became a witness ir
his own behalf and corr oborat I'd ev
cry statement contained in his var
| ious confessions.
people ketchum. 73 Cal. 635
People V. Daniels, 20 Cal. SCI. Il
eye 1860
,, After Ibapah had testified in his
own defense, and rested his case
counsel for Johnny called as a wit
ness Antelope Jack. Chief Of tie
Goshouts, to testify tc the charactel
OF lbapah. To his ties mCny coun~o
for lbapah interposed the following
Coection: Il Object to placing any
Witnesses on the stand with referenc.
> lbapah by the condefendant John
ny, as it cannot possibly touch III.
question as to who was the instiga
tor Of this crime
The OBJECTION was overruled and 81
quote from the record the follCwin;
testimony Of the witness.
My name is Antelope Jack. liz
Deep -reel. live there long time
know lbapah since he was sm~
HoE-eFer HINGE his father gave hin
WhisEey. Ibapah's father all tn
ne gave him whiskey. He !
Il good boy-every body kno1
lie IS good boy Eyerv
body mink when he grow up he wa
a good boy. Last summer Indian
think aoout him. maybe he kill whit
man and MAYBE he kill Indian. +,
aFyhody around Deep Creek is afra
| Of lhapah. lbapah was a little DO
Ia tf+