The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-19

prlved OF Il ence of cO-defend,
anus VINO are 4nculpated by the
states evidence In this state we
nave simpler way of accomplishing
hte same re UT toee Comp. Laws,
Sec. 1877, suDro,) In any event, both
Under the Tera@ procedure and that
II this State. there must not be suffi-
'lent evidence - the dgment of the
court, to put bin on his defense he
ore his co-defendant can, in the man.
er required, avail himself Of his tes-
mory he co 'ooires Johnny was
OF in the fortunate position that it
"rid be said ere was little or no
'idence against him, nor was the
'rpose sought to be accomplished by
70 submission Of is case upon the
cee of the States testimony, the use
# his testimony in behalf of his Co.
defendant
T. Confessions of the defendant
hapah were admitted in evidence,
over the objection Of the counsel that
it did not appear that such confes-
5lons were siven voluntarily, but. up
On the contrary, were obtained by
reasons of fear, inducements and
threats. One of these confessions
was made to tne 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
lie sheriff, to representatives Of the
local newspapers. The latter confess
sion was reduced to writing, read oy-
er to the defendant, and signed by
hV
! irst confession was made while the
defendant was in the custody of Guy
| Hardin, the deputy sheriff, Mr..
Brown and Mr.. 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
mad told OF the crime. and that he
further said TO him, You might as
vel tell the truth" -evond this
There does not appear to have been
anEthing said to the defendant to m
iuce him to make confession.
counsel placed the defendant Iha
pah upon the stand 10 recite the cir.
cun,stances Of the confession, but ne
'ud not vary in any particular degree
n his testimony from that recited
ny the witness for the State. He
did. however. say that i was Mr.
Rafbln who told him that 'Iohrny
had already toll about if He +har
] testified: when he told me that j.
scared me more. Everything | toll
then was true. was scared yer,
much that night
All that can be made of the defend
ant testimony is that e was scarce
when he made his confession to Har
n, but he iterates upon the stan.
nat what he told ,iat night vas
the truth.
The only object m excIudfrc +oS.i
mGny glen under threats, drress Q
: Hpon promise Of reward is. that s,l.,]
testimony might not be til truth.
oe1endant cannot be jdejudiced b,
/ ne admission of a confession vhic'
he voluntarily acknowledges. undo
: oaln. is the truth. But the fact tina
he was imbued with fear occa stone
by his arrest and a knowledge .
guilt would not alone make his cor
: fessiOn inadmissible.
All that has been said about tn
toAiISoSloli Ilduth DS tHp Gbl'00af
, Ibapah to deputy sheriff Hardin an
the others, upon the evening of hi
: arrest, viii apply to his confession
made the following morning to tn
newspaper men.
The sheriff testified as follows wit
: reference to he latter confession:
i when Ibapah was brought out,
told him If he felt like it he coul
. make statement to these men.
told him that it was not necessar
:. unless he wanted to, and he said h
. would tell them
Even if there was a PRESTON as +
the admlssibility of these confessions
:, the error. if any. became cured whe
the defendant became a witness i
his own behalf and corroborated e,
cry statement contained in his va,
, ious confessions.
people Ketchum. - Cal. e35
[ People V Daniels. 20 Cal. sci. l
/ eye 1860
"a 3. After lbapah had testified in II
= own defense. and rested his case
- counsel for johnny called as : vi
= ness Antelope Jack. Chief Of tn
. G0shouts, to testify to the charac-e
= OF lbapah. To his testimony cOuns<
, for 1hapah interposed the followin
objection: = object to placing ar
: Witnesses on the stand with referone
- to lbapah by the condefendant job
;, ny, as it cannot possibly touch In
- question as TO who was the iastig
y Tor of this crime
: The OBJECTION was overruled and q
5 quote from the record the followin
: testimony Of the witness.
E Ny name is antelope Jack. liz
Deep feek. live there long tim
know Ihapah since he was sma
boy-eEer HINGE his fathes, gave hi
Whishey. lbapah's father all II
i iine gave him whiskey. He
y a good boy-every body kno
e he IS good boy Ever,
; body think when he grow I'D he We
good boy. Last summer India1
think ABOUT him, maybe he kill viii
- man and maybe he kill Indian. Z,
, e1%hodE around Deep Creek is afra.
I,,-