The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-16

ants VINO are not inculpated by the
States evidence" In this state we
have a simpler way of accomplishing
hte same result. (See Comp. Laws.
Sec. 43z7, supra.) In any event. both
| under me Texas procedure and that
| Of this State, there must not be sufl-
| cient evidence, in the ,dgment Of the
I court, to put him on his defense be-
ore his codefendant can, In the man
| Ter required. avail himself Of his tes-
imony :. he so desires. Johnny was
'ot in the fortunate position that it
Guild be said there was little or no
~i;.ence against him. nor was the
1rpose sought to be accomplished by
p submission Of is case upon the
| ore Of the States testimony. the use
Of his testimony in behalf Of his Co.
defendant
a. Confessions of the defendant
Fbapah were admitted in evidence,
over the objection Of the counsel that
it did not appear that such cor es-
sions were given coluntarily. 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
I ne sheriff, to representatives of the
: local newspapers. The latter COMICS
sion was reduced to writing, read ov-
er 10 the defendant and signed by
/. him by anXing his mar. thereto The
e first confession was made while the
defendant was in the custody of Guy
l. Hardin, the deputy sheriff, a Mr.
+ Brown and a Mr. Stanley, during the
J temporary absence of the sheriff
:. 1t would appear from the evidence
It that The defendant was told by Mr.
J. stanley that The defendant Johnny
. had told of the crime and that hC
+ further said to him, You might a.
/, well tel the truth -eyond thi;
y there does not appear to have. beer
Q nythnG said to tie defendant to II
Iuce him 10 make a confession
:, Counsel placed the defendant 1ha
:, Dah upon the stand to recito the cir
lcuD.stances Of the confession, but y,
AID not vary in any particular degra,
Il n his testimony from that recitnt
o ~ the witness for the State H.
It Old however. say tnat ii was Mr.
i Harbln who told him that john
d ha2 already told about il. He the
:. testified: When he told ne that
Is scared me more. Everything I tol
~ then was true. was scared yer
n much that night"
II. All that can be made of ,he defeD,
IL ants testimony is. that @ was sea re
Il When he made his confession to Har
n, bat he iterates upon the stan
20 that what he TOLD LAT night wa
ID The truth
The only ohjoct m oxcludine ties.
Ut :nonE glen under threats. duress.
S. upon promise of reward. is. that srl,
:: testimony might NOT be tn truth.
or defendant cannot he jdeiudced h
Il the admission Of q conf asson whic
ly he Voluntarily Acknowledges. unde
by oath. is the truth. But the fact th
lrt he was imhued with fear occasione
by his arrest and a knowledge
re guilt would not alone make his CO
in fesslon inadmissible.
ne All that has been said about Il
ITO confession made by the defendar
he lbapah to deputy sheriff Hardin al
Id the others. upon the evening of h
CT arrest, will apply to his confessic
,or made the following morning to II
newspaper men.
or The sheriff testified as follows wi
ne reference to ne latter confession:
Oh when Ibapah was brought out
lai told him if he felt like it he cou
vi make statement to these men,
II told him that it was not necessa
OH unless he wanted to, and Re said
zee would tell them
Ia> Even if there was a qrestion as
is, the admissibility of these confession
IA the error. if any became cured WIN
the defendant became witness
OH his own behalf and corrobora. I'd {
is cry statement contained in his V;
- ious confessions.
(People kerchum. ~ Cal 63
mt People V. Daniels, 10 Cal. 521.
ted Cyc. 1861
loli .. After Ibapah had testified in J
ect' on IL defense. and rested his ca:
lal' counsel for Johnny called as "
III ness Antelope Jack. Chief Of t
ou' Goahouts, to testify TO the charac
ds Cf lbapah. To his testimony coun>
FOR 1hapah interposed the follow
III ooection: Il Object to placing a
witnesses on the stand with referer
an . Ibapah by the condefendant Jcl
ere nv, as it cannot possibly touch t
ann Al question as to who was the insti
the Or Of this crime
De The OBJECTION was Overruled and
his quote from the record the follC vi
ems testimony Of the Witness
be My name is Antelope Jack. /
Il Deep -reek. live there long tn
-" know 1baDah since he was snl