The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-17

me same result. (See Comp. Laws,
Sec. 1877. supra.) In any event, both
under lne Texas procedure ana that
OF this State, there must net he sum-
cient evidence, in the ,dgment of the
court. to pint him on his defense be-
ore his co-defendaAt can, in the man.
1er required. avail himself Of his tes-
imony he so desires. Johnny was
lot in the fortunate position that it
oCld be said there was little or no
violence against him. nor was the
impose sought to be accomplished by
he submission Of Is case upon the
l lose OF the States testimony, the use
| of his testimony in behalf Of his c.
defendant
T. Confessions Of the defendant
| lbapah were admitted in evidence.
over the objection Of the counsel that
it did not appear that such confes-
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
tiie sheriff, te representatives Of the
local newspapers. The latter confess
sion was reduced to writing, read ov-
er to the defendant, and signed bv
hin by aniXing his mara thereto The
hrst confession was made while the
defendant was in the custody of Guy
Harbln, the deputy sheriff, a Mr..
Brown and Mr.. Stanley, during the
temporary absence of the sheriff.
1t would appear from the evidence
hat the defendant was told by Mr.
Stanley that the defendant johnny
, had told of the crime. and that he
: further said 10 him. You might a.
well tell the truth" .eyond this
there does not appear to have been
anything said to the defendant to N
duce him 10 make a confession.
> counsel placed the defendant Iba
pah upon the stand to recite the cir
cun-Stances of the confession, but nc
5 "1d not vary in any particular degree
: IN MS testimony from that recitei
. ny the witness for the State. HI
1ad. however. say that il was Mr.
: Harbin who told him that john,
had already told about it. He they
tes .fled: When he told ne that i
scared me more. Everything | tol,
then was true. was scared yer,
much that night
Al that can be made of the dafard
ants testimony is. that e was scare,
when be made his confession 70 uar
N, but he iterates uDon the stan,
, lo, oh
/ the truth.
Inc only object IN nycluding tes.
= honT glen under threats. duress, 9
). upon promise of reward. is, that SUI,
: t2sfimony might not be tn truth.
r defendant cannot be idejudiced b,
/ the admission of q confession wbic
Y h voluntarily acknowledges. undo
Y oath. IS the truth. But the fact tina
t ne was imbued with fear occasione
by his arrest and a knowledge u
e guilt would not alone make his cor
l. fesslOn inadmissible
e All that has been said about tn
o confession made by tie defendan
e lbapah to deputy sheriff Hardin an
the others. upon the evening of hi
arrest. will apply to his confessio
Il made the following morning to tn
newspaper men.
! The sheriff testified as follows wit
E {. reference to ne latter confession:
u When lhapah was brought out,
Il told him if he felt like it he coul
+ make a statement to these men.
II told him that it was not necessar
n unless he wanted to, and he said h
e would tell them
y Eyop if fhoro y,,oc =
the admissibility of these confession
- the error, II any, became cured whe
the defendant became a witness j
~ his own behalf and corroboratad @
is cry statement contained in his va
5 ious confessions.
(PeOple Ketchum. - Cal. 63:
II People V. Daniels, 20 Cal 521. /
d Cyc. 1860
IA >. After Ibapah had testified in h
H. own defense and rested his cas-
~ counsel for Johnny called as q wi
- ness Antelope Jack. Chief of Il
~ Goshouts. 10 testify TO the charact,
- OF Ibapah. To his test.mony couns
Tor IbaDah interposed the followir
d" onectlon: Il Object to placing ar
witnesses on the stand with referen.
=. 20 lbapah by the condefendant job
~ ny, as it cannot possibly touch T.
~ question as TO who was the instic
L. ror Of this crime
e. The ODectiOn was overruled and 9
IS quote from the record the follow.
lS testimony Of the witness.
'e My name is antelope Jack. Ii,
Deep reek. | live there long tim
J" know Ibapah since he was sma
ooy-ever HINGE his father gave hi
9 Whisllcy. Ibapah's father all II
ot- lime gave him whiskey. He
wi good bOy-every body llno
le ne IS good boy. Ever
&! Woody think when he grow up he W:
4 good boy. Last summer India
L mink ABOUT him, maybe he kill viii
man and maybe he kill Indian. 7,
> erybody around Deep Creek is ARA
- If lbapah. Ibapah was a little BE-
~ Wnen his father first gave him viii
' key | Ink Ibapah was a good BIZ
- when he was little. When he W,
boy he was always a good 10
= When he get big everybody was afra
ie If him When hc GOT DRINK h, VI,