The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-09

hte same result (oee Comp. Laws. |
Sec. 1877, supra) In any event, both |
under me Texas procedure and that !
of this state, there must not be SUM- !
clent evidence, in the .dgment of the
court, to pnt him on his defense be-
fore his ceedefendant can, in the man
ner required, avail himself Of his tes-
-imony he so desires. Johnny was
lot in the fortunate position that it
'crld be said there vas little or no
violence against him. nor was the
purpose 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 c.
defendant
l. Confessions Of the defendant
,bapah We're admitted ia evidence,
over the objection Of the counsel that
it did not appear that such coRfes-
sons were given counts rily 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
| following morning, in the presence OF
| c-.e sheriff, to representatives Of the
local newspapers. The latter confess
IsiCn was reduced to writing, read ov-
| er 10 the defendant, and signed by
aim by aulXing his mar. thereto. The
first confession was made while the
| defendant was in the custody Of Guy
i!arbln. the deputy sheriff Mr.
Brown and = Mr. Stanley, during the
temporary absence of the sheriff
II would appear from the evidence
| tnaJ 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
we'll tell the truth" -tyond this
there does not appear to have been
| nyjhin" said 70 the defendant 10 N
4 dHco him 10 make confession
Counsel placed the defendant Iha-
"2h uNon the stand 10 recite the cir
lcUnstances Of the confession. but re
D.d nor vary in any particular degree
II his testimony from that recito1
~ the witness for the State He
ia. however. say mat i was Mr..
Hardin who tod nm That Johnny
had already f0!T about i 10 them
testified: when he told me hat il
scared me more. Everything I toll
then vas true. / was scared very
much that night
A! hat can be made of The dofard
ant $ t@s, .nUDy is that e was scared
WHOM he made his confession to Har
n, hnt he itCratcs unon the stant
} fAat what he f0ld LAT night w,
] the truth
Tho only oAj-., in x2.aiir@ ,cz-+
+ naony glen under threats. Grrp4s. o
;. upon promise Of reward is. that SUI,
: testimony might not be II truth.
+ defendant cannot he jdeiudiced r,
l the admission of q confession whic
y he voluntarily acknowledges. undo
' cath. is the truth. But the fact tina
t ne was imbued with fear occasions
by his arrest and a knowledge Il
e guilt would not alone make his col
n fesslOn inadmssible.
e All that has been said about tn
O confession made by the defendan
Ie lbapah to deputy sheriff Hardin an
i the others, upon the evening CT h
t arrest. will apply to his cOufessiO
il made the following morning to til
newspaper men.
u The sheriff testified as follows wit
e reference to ne latter confession:
Oh when Ihapah was brought out.
ar told him if he felt like it he cou
II make a statement to these men,
II told him that it was not necessa1
M unless he wanted to. and he said
&c would tell them
ny Even if there was a question as
Il S1,S
n the error. if any, became cured whe
the defendant became witness
IN his own behalf and corroborated e
is cry statement contained in his va
Is ious confessions.
Peopla Ke+chum. - Cal 90
Mt People V. Daniels. 20 Cal 521.
ed ICyc 46G)
On $ After Thapah had testified in !
ct, own defense. and rested his cas-
al, counsel for Johnny called - 2 v.
in ness Ant lnpe Jack. Chief Of +
ut Goshorts. to testify to the cllaracr
as Of Ibapah. To his ties, mony couns
for Ibapah interpose1 the followi
IN objection: Il OBJECT to placing a
Witnesses Gil the stand with referen
nj 10 lbapah by The condefendant Jol
re ny, as it cannot possibly touch +
i'm question as TO who was the insti:
ne tor Of this crime
le- The OBJECTION was overlUled. and
lis GIote from the record the follow
MS testimony Of the witness.
ne Ny name is antelope Jack. Il
/. : f Deep reek. I'VE there long til
e.. know Ibapah since he was srn
l3y-ever hincc his father gave h
tlll F,.t