The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-13

0CCO0UN06fAR
nte same result. (See Comp. Laws,
sec. 1877. supra.) In any event. both
unoef me Texas procedure and that
d tnis State, there must not be SUM-
clent evidence. in the .dgment Of the
court. 10 put him on his defense be-
'ore his co-defendant can, ia the man.
ner required. avail himself Of his tes-
imony he SO desires johnny was
lot IN the fortunate position that it
Guild be said there was little or no
whence against him, nor was the
,nrpose sought to be accomplished by
ne submission Of is case upon the
ose OF the States testimony, the use
% his testimony in behalf Of his CO.
defendant
l. Confessions Of the defendant
ibapah We're admitted in evidence
over the objection of the counsel shat
it did not appear that such confess
sions were given coluuarily, but. un-
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. ana
before he was placed in Jail.
Ihe other confession was made rhe
-otioWlns morning, in the presence Of
tne sheriff, to representatives Of the
local newspapers The latter cOnf,.s-
sion was reduced to writing. read ov-
er to the defendant. and signed nv
nm by anIxing his marn thereto. The
Afst confession was made while the
ueiehoant was in the custody of Guy
t1afcln, the deputy sheriff, a Mr..
crown and Mr.. Stanley, during the
temporary absence of the sheriff.
1t would appear from the evidence
! lhat The defendant was told by Mr..
stanley that the defendant Johnny
had told of the crime. and tbs, .,o
further said to him. You might as
Wei tell the truth -,eyond this
mere does not appear to have bean
anything said TO the defendant to m
aEce him to make a confession.
counsel placed the defendant Iba-
'aa upon tho stand to recite the cir-
'un.stancas Of the confession Int no
oIn not vary in any particular degree
IN his testimony from that raoited
~ me witness for the State. He
M. however. say that il was Mr.
rarpln who told him that "Jobnnv
h"c already told about it. He tho,
! testified: When he told me that if
scared me more. Everything toll
men was true. I was scared verv
much that night"
All that can be made of the defend.
ahs testimony is, that g was so,roa
"heh he made his confession to E,r
n, put he iterates upon tho st,ra
nav what he told lat niabt u..,e
he truth. was
ne only object in aycIrdira res.i-
lHohE glen under threats. drrass Or
nfoh promise Of reward. is that s,,,b
.esuiilonN might not be tn truth
oelehaant cannot be ;dejudiced nv
ne ADMISSION Of a confession which
ne voluntarily acknowledges, under
va H. Is the truth. But the fact that
ne was 1mbued with fear occasioned
oF MS arrest ard knowledge of
%uiit would not alone make his con-
fession 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 to his confession
made the following morning to the
newspaper men.
me sheriff testified as follows with
reference to ne latter confession:
"hen ihapah was brought out.
told him if he felt like it he could
make a statement to these men.
told him that it was not necessary
unless he wanted to, and he said he
would tell them"
Even If there was clestion as to
the admissibility of these confessions
me error, II any. became cured when
Tie defendant became a witness in
his own behalf and corroborated ev
cry sta*ement contained in his var
ious confessions.
tPeople ketchum, - Cal. eaa3:
People Y, Daniels, 20 Cal. 521. II
Cyc. 1860
$ After ibapah had testified j, hiz
own defense, and rested his case
counse' for Johnny called as Wit
ness Antelope Jack. Chief Of the
toshouts. to testify to the character
OF lbapah To his TESTIMONY counsel
tor lhapah interposed the following
ohection: Il object to placing any
Witnesses on the stand with reference
20 lbapak by the condefendanf Holm
ny, as l. cannot possibly touch the
question as to who was the instiga-
tor Of this crime"
The OBJECTION was overruled and r-a
H'o!e from the record the followin.
testimony CT The witness.
MY name is Antelope Jack. 7 live
i Deep ree!l. live there LONG time.
know lbapah since he was small
ooy-eFer HINGE his father gave hi,
Whlskey. 4hapah's father all the
time gave him whiskey. He >
a good boy-every body know
'e Is good boy. Everv-
oody think when he grow I'D he vas
good boy. Last summer indians
'hlhk ABOUT him, maybe he kill white
man and maybe he kill Indian Nv
9rFbody around Deep Creek is afraid
Of lbaHah. Ihapah was little bow
"hen his fa'her first gave him vhfs-
Key. Ink Ibapah was a good how
"hen he was little. When he was
n oy,