The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-14

hte same result. (0ee Comp. Laws,
Sec. 1877, supra.) In any event, both
under me Texas procedure and that !
Of this State, there must not be suffi- !
Client evidence. in the dgment of the |
court. to put him on his defense be |
fore his co-defendant can, in the man.
Ter required, avail himself Of his tes-
imony = he 50 desires JOHNNY was
lot in the fortunate post ION 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
Of his testimony in behalf Of his Co.
defendant
4. Confessions of the defendant
Ihapah We're admitted in evidence.
over the objection of the counsel that
it did not appear that such confes-
slons were given colunt arily, but, up
on the contrary, were obtained BY
reasons of fear, inducements and
| threats. One of these confessions
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
| SUMMING Iloh AiuSo. III Tue cSeHCe VI
,-.e sheriff, to representatives of the
local newspapers. The latter confess
sion was reduced to writing. read ov-
| CT to the defendant and signed by
MIN by anlxing his MARI thereto The
first confession was made while the
defendant was in the custody of Guy
Hardin, the deputy sheriff, Mr.
Brown and a Mr. Stanley during the
| ;tDyo, 81
1t would appear from the evidence
that the defendant was told by Mi
otanley that the defendant Johnny
had told Of the crime. and that he
further said 10 him, You Ii ;ght as
well tell the truth -eyond this
there does not appear to have been
9nyJhiag said to the defendant to IN
Guc2 him to make a confession.
Counsel placed the defendant Iha-
bah upon the stand 10 recite the cir
cur-stances Of the confession, but ne
I'D not vary in any particular degree
: in his testimony from that recited
~ the witness for the State He
dld. however, say that ii was Mr..
: Hardin who told him that Johnny
had already told about IT, He then
testified: When he told me that i
scared me more. Everything I toll
then was true, was scared very
much that night"
p. All that can be made Of the defend
l ant $ testimony is. that Q was scare,
/ when he made his confession to Har
II. but he iterates upon the stan,
o that what he told Lat night was
d the truth
The only cbiact in excluding tes-+
II mony glen under threats. dnress. :
; upon promise of reward. is that sII i,
): testimony might not be tn truth.
" defendant cannot be ideiudiced b
4 the admission of a confession whic
y he voluntarily acknowledges, undo
" oath is the truth. But the fact tina
It he was imbued with fear occasione
by his arrest and a knowledge q
re @uilt would not alone make his col
n fesslon inadmissible.
,e All that has been said about tn
to confession made by the defendan
he lbapah to deputy sheriff Hardin an
d the others. upon the evening of h
Il arrest, will apply to his confessio
or made the following morning to II
newspaper men.
Of The sheriff testified as follows wit
IL reference to ne latter confession:
Oh When Iaapah was brought out.
al told him if he felt like it he cou
VI make a statement to these men.
l. told him that it was not necessa1
hl unless he wanted to. and he said ]
&c would tell them
as Even if there was PRESTON as
tt admissibility of these confession
Il the error. if any. became cured wht
the defendant became a witness
oh his own behalf and cOrrOborat ed e
is cry statement contained in his Va
IS ious confessions.
People Ketchum. 10 Cal 63
mt People V. Daniels. 10 Cal. 521.
ed Cyc 1861
on 8. Ai,er Ibapah had testified in /
c. own defense, and rested his cas-
az counsel for Johnny called as a W
'h ness Antelope Jack. Chief Of t
'o' Goshouts. to testify to the charact
DIS OF lbapah To his test .lAOny cOuns
for Ibapah interposed the follow
III objection: Il Object to placing a
witnesses on the stand with referen
ih' to Ibapah by the condefendant Jol
.ie NY as it cannot possibly touch t
Ittoiloll DIS " VINO Was lnc 1ISll.
ne toy of this crime
de The OBJECTION was oyerruled and
his quote from the record the folowi
Ems testimony OF the witness.
be My name is antelope Jack. ! 1
1Hr at Deep -reeF. | live there long tir
no know IbaDah since he was SIN
boy-ever HINGE his father gave h
se' whiskey. Ihapahs father all
not time gave him whiskey He
-itv a good boy-eyery body kn
the ne is good boy Eve
ltE body think when he grow I'D he Y
a good boy. Last summer lndi;
iih- mink ABOUT him, maybe he kill wi
lc7' man and maybe he kill Indian.
heS eryhody around Deep Greek is afr
nae Of Ibapah. Ibapah was little
NJ when his ia Ter first gave him WI
'he key. | nix Ibapah was a ID
nat when he was little When he '
a9e a boy he was always a good h
Lses When he get big everybody was afr
ehe Of him. When he get drunk he