The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-21

ants vhe are not inculpated by the
States evidence" In this state we
have. simpler way of accomplishing
te 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-
"1ent evidence, in the slgment Of the
curt. to put him on his defense he
ore his co-defendant can, in the man
yer required, avail himself Of his tes-
'mony he so desires. Johnny was
OF in the fortunate position that it
~ q be said there was little or no
nee against him, nor was the |
| ''rp>se sought to be accomplished by !
| - submission Of is case upon the |
| -" Of the States test nony the use |
| # his testimony in behalf Of his Co.
| defendant
| 4. Confessions of the defendant
fbapah were admitted in evidence,
over the objection Of the counsel that
it did not appear that such con IS
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
tAe sheriff, to representatives of the
local newspapers. The latter confess
SIGN was reduced to writing, read ev-
: e! 10 the defendant, and signed by
3. him by amxing his marn thereto. The
first confession was made while the
defendant was in the custody of Guy
: Hardin, the deputy sheriff Mr.
+ Brown and Mr. Stanley. during the
} temporary absence Of the sheriff
), II would appear from the evidence
t that the defendant was told by MI
+ Stanley that the defendant Johnny
y cad tCld OF the crime and that he
: furtfe" said to him, You might as
/ well tell the truth. -eyond this
y here does not appear to have been
e anything said to the defendant to N
. ouce him to make q confession
; Counsel placed the defendant Iha-
:, nah npOn the stand to recite the cir
lcupstances Of the confession, but re
5 aid net vary in any particular degree
L n his testimony from that racitnd
D. ~ the witness for the State He
II did. however. say that it was Mr..
IS }arhin who told him that Johnny
d had already told about il. He then
testified: When he told NE that it
- scared me more. Everything | told
;. then was true. I was scared very
Il much that night
!, All that can be made Of the defend
ant testimony is that e was scared
"hen he made his confession to Har
n but he iterates upon the stand
% that what he told ,iar night WIS
i'd the truth.
The only object in -xc2ufing fes+i
II monE glen under threats. duress q
;. Hnon promise Of reward. is. that sucI
5: testimony might not be tn truth 4
Or defendant cannot be ideiudiced By
IL The admission Of a confession which
y ne voluntarily Acknowledges. unde1
oE ca'r. is the truth. But the fact tina
RI be was imbued with fear occasionec
by his arrest and knowledge o.
re quilt would not alone make his con
N fesslCn inadmissible
he All that has been said about tn
TO confession made by the defendant
he 'hapah to deputy sheriff Hardin an
ID the others. upon the evening Of hi
CT arrest. will apply to his confessio!
or made the following morning to tn
newspaper men.
~ The sheriff testified as follows wit
~. reference to ne latter confession:
" When Ibapah was brought out
a. told him if he felt like it he coul
'. make statement to these men,
told him that it was not necessar
~ unless he wanted to, and he said h
10 would tell them
az Even if there was a estion as +
-, the admissibility of these confessions
-. the error, if any, became cured whe
the defendant became witness i
his own behalf and corroborated e,
Is cry statement contained in his val
10 ious confessions
(PeOple Ketchum. 70 Cal 635
m. People V. Daniels, 20 Cal 521. l
ed Cyc 466)
~ 5. After Tbapah had testified in III
~ own defense and rested his case
a. counsel for Johnny called as vi
VT ness Antelope Jack, Chief Of ia
~" Goshouts, to testify to the charactc
% Of Ibapah. To his testimony couns>
IN for Ibapah interposed the followin
40 objection: 81 object to placing an
~ Witnesses On the stand with referene
aro TO Ihapah by the condefendant Joh1
i'm
no question as to who was the instie
Jor of this crime"
az The oDection was overruIed and q
HIS Groe from the record the followfl
MS testimony Of the witness
wv My name is antelope Jack liz
Deep -reek. live there long tim
EncW Ibapah since he was sma
toF-ever HINGE his father gave hi
"h'skey. ibapah's father all Il
not time gave him whiskey. He
'ity good boy-eyerv body l1no
the ne is good boy. Ever
ny body think when he grow up he w;
,+l a good boy. Last summer Indian
80 fHfnk ABOUT him. maybe he kill VIII
,ov man and maybe he Kill Indian. Z
"a erFhody around Deep Creek is afra
~. IF Ihapah. Ibapah was Q little bC
- hic ia c.o1-o