The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-07

ave a simpler way of accomplishing
te same re nit. (oee Comp. Laws,
&c. 43G7, supra.) In any event, both
nder ne Teyas procedure and that
# this State, there must not be suff
lent evidence. in the idgment of the
curt, to put him on his defense be-
ore his co-defendant can, in the man.
or required. avail himself of his tes-
~,ony Re 50 desires. Johnny was !
vt in the fortunate position that it |
I'D be said mere was little or no
ilence against him, nor was the |
,roose sought to be accomplished by |
G submission of mis- case upon the |
lose of the States testimony, the use
f his testimony in behalf Of his Co.
efendant
A. Confessions of the defendant
bapah We're admitted in evidence.
over the objection of the counsel that
it did not appear that such confess
;ions were given voluntarily, but, up
IN the contrary, were obtained by
reasons of fear inducements and
hreats. One OF these confessions
vas made to the officers upon the
evening of the defendants arrest, and
before he was placed in Jail
The other confession was made the
.oilowing morning, in the presence of
,..e sheriff, to representatives of the
Local newspapers. The latter confess
SIGN was reduced to writing, read ov-
| er TO the defendant, and signed by
! him by amXing his mar. thereto. The
| first confession was made while the
| defendant was in the custody of Guy
| Earbln. the deputy sheriff, a Mr..
Brown and MIR. Stanley, during the
temporary absence OF the sheriff.
| 1t would appear from the evidence
that the defendant was told by MIR.
STANLEY that the defendant Johnny
rad 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
! 7rrrhin% said to tie defendant to IN
GuCo him TO make confession.
Counsel placed the defendant Iha-
nah upon the stand to recite the cir
lcuMstances Of the confession, but he
uld not vary in any particular degree
IN his testimony from that recited
by the witness for the State He
did. However. say that It was MI
Earbn who told him that Johnny
had already told about il He then
testified: When he told me that i
) scared ne more. Everything | to:
then was true. was scared yer,
much that night
Ali that can be made Of the defend
! ants testimony is. that .e was scarce
: when he made his confession to Har
n, but he iterates upon the stan,
, that what he told lat night was
\ the truth
The only object i ~vc!uIirc tcs-
= rlony glen under threats. dureSs, c
;. upon promise of reward. is. that sue
: testimony might NOT be tn truth
r defendant cannot be ideiudced b
4 the admission of a confession whic
V he voluntarily acknowledges, unde
v oath. is the truth. But the fact tina
+ he was imbued with fear occasione
by his arrest and a knowledge c
e guilt would not alone make his COZ
n. fess.on inadmissible.
20 All that has been said about tt
q confession made by the defendan
"a Ibapah to deputy sheriff Hardin an
4 the others, upon the evening Of h
f. arrest. viii apply to his confessic
,r made the following morning to tt
newspaper men.
,r The sheriff testified as follows wi,
e reference to the latter confession:
Of when Ibapah was brought out.
ar told him if he felt like it he cou
IL make a statement to these men.
it told him that it was not necessa1
m unless he wanted to. and he said
e would tell them"
ny Even if there was a question as
the admissibility of these confession
n the error. if any. became cured wht
a the defendant became a witness
IN his own behalf and corroborated e
IS cry statement contained in his Va
X iOus confessions.
people Ket chum, - Cal 63
Mt People V. Daniels, 20 Cal sci.
cd |Cyc AGO.
on > After Ibapah had testified II !
ct. own defense. and rested his ca:
al, counsel for Johnny called as W
in ness Ant elope Jack. Chief CT t
ut Goshouts. to testify to the charac.
as Of Ibapah. To his testimony couns
for lbapah interposod the follow
in 10 objection: Il OBJECT to placing a
witnesses on the stand with referen
mt 10 Ibapah by the cOndefenGant Jol
re ny, as it cannot possibly touch t
i'm cues ion as TO who was the insti!
he tor Of this crime
To- The OBJECTION was Oyerruled and
,is quote from the record the follow
nc testimony OF the witness.
no My name is Antelope Jack. i
i Deep reek. | live there long tir
know Ibapah since he was SIN
boy-ever HINGE his father gave h
sci wll.skey IhHDah's father all
time gave him whiskey. He
!o' a good boy-every body KIN
Nc he is a good boy. Eve
ity body think when he grow up he v
a good boy. Last summer Indii
tn mink ABOUT him. maybe he kill VIII
Ca. man and maybe he kill Indian.
icy erybody around Deep Creek is afr
lad Of Ibapah, !bapah was little
lit T-hen his other first gave him wi
the Key. I Ink Ihapah was a good
hat when he was little. When he '
how no al