The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-20

le same r. ote comp. Laws. |
&c. 1877, 81. n .ny event. BETH |
nder me t. z-,cedure and that 7
+ this State must net BE sum (
lent evide7 :igment Of the |
>ourt, to pvt =. ~ his defense be- |
ore his co-defe-hant can, in the nan
ar required a~-il himself Of his tes-
mony n RS. Johnny was
1T in the fcr"-,te position that it
>uld be saf5 so wss little Or ne
'dence ryn' him nor was the
'rpose souet = re accomplished By
. submission ~ ie case upoA the
csc Of the States Testimony. the use
# his TESTIMONY in behalf Of his cS-
defendant
4. Confessions Of the defendant
bapah were a. mitted in evidence,
over the objection Of the counsel that
it did not appear that such cenfcs-
On the contrary, were obtained BY
reasons Of fear. inducements and
threats. One Of these coafessiors
was made to the officers upon the
evening Of the defendants arrest. and
before he was placed in Jail.
The other confession was made the
| following morning, in the presence Of
tle sheriff. to representatives Of the
| local newspapers. The latter csnf.s-
sion was reduced to writing, read ev-
er to the defendant, and signed by
MIN by amxing his MARI thereto The
| first confession was made while the
defendant was in the custody of Guy
Hardin, the deputy sheriff. a Mr..
Brown and a MIR. Stanley. during the
Temporary absence of the sheriff.
1t would appear from the evidence
that the defendant was told by Mr.
stanley that the defendant Johnny
had told of the crime. and that he
further said to him. You might as
well tell the truth" -eyond this
there does not appear to have been
anything said To the defendant to m
duce him TO make confession.
Counsel placed the defendant Iba-
pah upon the stand to recite the cir
lcunstances of the confession. but ne
old not vary in any particular degree
n his testimony from that recited
D? the witness for the State He
40, however. say that it was Mr..
iiarbin who told him that johnny
had alreadv told about it. He then
! testified: When he told me that i,
scared me more. Everything told
then was true. l was scared very
much that night"
: All that can be made Of the defend
ant testimony is that @ was scared
when be made his confession to Har
n h"t he iterafes upon the stanf
mat what lie told LAT night WAS
the truth
The only object in excluding tes.i
mony glen unGer threats. durasr q
d, upon promise of reward. is that sui
testimony might NOT be tn truth.
defendant cannot be jdejudiced b,
the admission of a confession which
he voluntarily acknowledges. undo,
oaon, IS the truth. But the fact tina
t he was imbued with fear occa stone,
by his arrest and knowledge 81
2 guilt would not alone make his con
: fesslon inadmissible
All that has been said about tn,
D confession made by the defendant
e 1hapah to deputy sheriff Harbia an.
the others. upon the evening Of hi
: arrest. will apply to his confession
! made the following morning to tn.
newspaper men.
TIE sheriff testified as follows witt
: reference to ne latter confession:
When 1bapah was brought out,
: told him if he felt like it he coul,
make statement to these men,
y told him that it was not necessar
= unless he wanted to. and he said h
: would tell them
Even if there was question as t,
the admissibility of these confessions
=, the error. if any. became cured whe
- the defendant became a witness il
u his own behalf and corroborated g,
5 cry statement contained in his va,
, ious confessions
people Ke'chum. - Cal. 635
| People V. Daniels, 20 Cal 521. L
d Cyc 4G6)
u > After Ibapah had testified in hi
=, own defense. and rested his case
:, counsel for Johnny called as wi
+ ness Antelope Jack. Chief Of tn
Goshouts. to testify to the characte
- OF lbapah. To his tes,. mOnv couns~
;, for lbapah interposed the followin
t. objection: Il Object to placing an
= witnesses on the stand with referenc
20 10 lbapah by the cOndefendant Johr
=, ny, as it cannot possibly touch III
~ question as TO who was the instig.
TOT of this crime
The OBJECTION was OyerTuled and "
3 quote from the record the followin
II testimony Of the witness.
" My name is Antelope Jack. ] liz
" = Deep ~reek. live there long tim,
know 1bapah since he was sma
Doy-eVer HINGE his father gave hi,
= whiskey. lbapah's father all tn
,t time gave MIN whiskey. He
y good bo.-every body kno
ie he IS good boy Ever,
= body think when he grow no he WE
!. Il good boy. Last summer Indian
= think aDout him. maybe he kill whit
- man and maybe he kill Indian. T.
-, Hryhody around Deep Creek is afrai
= Of lhapah. Ibapah was a little be
- when his father first gave him viii
- key. INK Ibapah was a good be
- when he was little When he We
a boy he was always a good bo
l,1,. ! i HI