The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-08

dltS VINO are not 1nCulpdte0 Oy the
States evidence" In this state we
have a simpler way Of accomplishing
hte same result. (oee Comp. Laws,
Sec. 1877, supra.) In any event. both
under me Texas procedure and that
Of this tate, there must not be suffi-
cient evidence, in the idgment of the
court, to put him on his defense be-
fore his ccdefendant can, in the man
ner required avail himself Of his tes-
imony he SO desires. Johnny was
lot in the fortunate position that it
.ould be said there was little or no
violence against him, nor was the
'urpose sought to be accomplished by
he submission Of is case upon the
lose Of the States testimony, the use
| If his testimony in behalf Of his c.
defendant.
4. Confessions Of the defendant
over the objection Of the counsel that
it did not appear that such comics.
slOns we're given voluntarily, but, up
on the contrary, we're obtained by
reasons Of fear, inducements and
hreats. One OF these confessions
Was made to tne officers upon the
! ever ing of the defendants arrest, and
before he was placed in Jail.
The other confession was made the
| following morning, in the presence Of
lie sheriff, to representatives of the
! local newspapers. The latter confess
sion was reduced to writing, read ov-
CT 10 the defendant, and signed by
aim by anixing his marh thereto. The
| first confession was made while the
defendant was in the custody of Guy
| tarbln, the deputy sheriff, MI
Brown and Mr. Stanley, during the
temporary absence Of the sheriff
II would appear from the evidence
Vat the defendant was told by Mr.
Stanley that the defendant Johnny
further said 20 him, You might a.
We'll tell the truth -eyond his
there does not appear to have beer
7Dythi1% said TO The defendant to IN
cNee him 10 make a confession
Counsel placed the defendant Ina
0ah upon the stand TO recite the cir
lcumstances Of the confession, but he
AID not vary in any particular degree
n his testimony from that reciteC
nv the witness for the State. Y,
i'd however. say that i was Mr.
i, Hardin who told HIM that "Johnn,
fad already tolc! about il. He the,
: testified: When he told NE hat !
) scared me more. Everything tol
then was true. was scared yer
much that night
=. Al hat can be made Of the defent
| an $ test aony is. that re was scare
: when he made his confession to Hal
n, but he iterates upon the stan
, THAT what he told LAT night Wa
! the truth.
The onl: objoct II ~vc,r5!ira ,aS.
: mony glen under threats. drrass,
:. upon promise of reward is, that su
: testimony might not be tn truth.
" defendant cannot be jdeiudiced h
4 the admission of q confession whiC
y he voluntarily acknowledges. und<
Y cath. is the truth. But the fact TIL
t he was imbued with fear occasionf
by his arrest and knowledge
e guilt would not alone make his co
n fesslon inadmissible.
,e All that has been said about Il
to confession made by the defandal
le Ibapah to deputy sheriff Hardin a,
d the others, upon the evening Of l.
t. arrest. will apply to his confessit
,r made the following morning to t
newspaper men.
Or The sheriff testified as follows wi
re preference to ne latter confession:
OF when lbapah was brought out,
ar told him if he felt like it he cou
VI make a statement to these men.
it told him that it was not necessa
m unless he wanted to, and he said
&c would tell them
ay Even if there was a PRESTON as
the admissibility of these confession
n the error. If any, became cured VIII
a the defendant became witness
On his own behalf and corroborated
is cry statement contained in his V
* ious confessions.
(People . etchum. 10 Cal s.
MT People V. Daniels, 20 Cal 521.
cd Cyc 466)
on 5 After Ibapaf had testified II
CT own defense. and rested his ca
al, counsel fer Johnny called IS . V
in ness Antelope Jack. Chief Ct I
tut Goshouts. to testify to the charac
as Of Ibapah. To his testimony coun
for lbapah interposed the follow
in objection: Il Object to placing a
witnesses on the stand with referel
mt 10 lbapah by The cOndefendant 10
ere ny, as it cannot possibly touch
i'm Question as to who was the insti
he tor Of this crime"
de The oDectiOn was Overruled. end
his quote from the record the follow
ms testimony Of the witness.
be My name is antelope Jack. !
: r t Deep reel, live there long ii
know Ibapah since he was sn
bOy-ever HINGE his father gave |
sci WhIskeE. InaDahs father all
Tine gave him Whiskev. He
~. good nyy-every body k
tho he is good boy. Eve
ity body think when he grow up he
a good boy. Last summer Ind
It'll think aOOur him, maybe he kill WI
ICE. nan and maybe he Kill Indian
ley erybody around Deep Creek is af,
mad e Ibapah. Ibapah was a little
If when his f, cT first gave him W