The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-12

$1,000 . SvnUOANO. III lulS 0J0tC We
have simpler way Of accomplishing |
hte same result. (see 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 ldgment Of the
court. to put him on his defense be-
fore his co-defendant can, in the man
ner required. avail himself Of his tes-
imony : he SO desires Johnny was
lot in the fortunate position that it
oul6 be said there was little or no
whence against him. nor was the
'urpose 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 Co.
defendant.
4. Confessions of the defendant
ihapah We're admitted in evidence.
over the objection of the counsel that
it did not appear that such confes-
sions were given voluntarily, 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
oNAoiC uc "dS pldNCu Jdll.
The other confession was made the,
following morning, in the presence Of
tAe sheriff. to representatives of the
| local newspapers The latter confess
sion was reduced to writing read ov-
er TO the defendant, and signed by
aim by anixing his mara thereto The
hrst 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.
1t would appear from the evidence
That the defendant was told by Mir.
stanley that the defendant Johnny
had told OF the crime. and that he
further said 10 him, You might as
We'll tell the truth" -eyond this
mere does not appear TO have been
2nEthio@ said 10 the defendant to III
ECce him 10 make a confession.
Counsel placed the defendant Iba-
Eah upon the stand to recite the cir
cumstances Of the confession, but ne
tId not vary in any particular degree
n his testimony from that recited
~ the witness for the State He
ga. however, say that i was Mr..
ftarhin who told him that Johnny
i..t already told about il. He then
testified: When he told me that il
scared ne more Everything I tod
then was true, was scared very
much that night"
Al hat can be made Of the defend
an testimony is. that Q was scared
When he made his confession to Har
n, but he iterates upon the stanc
} 'haf What he told lat night WIS
the truth.
~" ONLY nhieC, in 7xclrIirc tns-i
monE glen under threats. duress. .
, upon promise of reward. is. that su>i
testimony might not be tn truth.
delehoant cannot be ideiudiced b,
! the admission Of confession whic1
= he voluntarily Acknowledges. undo
: cath. is the truth. But the fact tina
t he was imbued with fear occa stone
ny his arrest and a knowledge o
e guilt would not alone make his cor
/ tesslOn inadmissible
e All that has been said about tn
o confession made by the defendan
e ibapah to deputy sheriff Hardin an
the others, upon the evening of hi
/ arrest. will apply to his confassio
I made the following morning to III
newspaper men.
The sheriff testified as follows wit
&. reference to ne latter confession:
When Ibapah was brought out,
! told him if he felt like it he coul
make a statement to these men.
= told him that it was not necessar
unless he wanted to. and he said h
would tell them"
Even if there was a preston as +
the admissibility of these confession,
the error if any. became cured whe
: the defendant became a witness i
Il his own behalf and corroborated e,
S cry statement contained in his va
, ious confessions
People ketchum, - Cal $50
t People V. Daniels, 20 Cal. 521. i
d Cyc. 1860
IL 6. After lbapah had testified in III
own defense. and rested his case
l. counsel for Johnny called as q wi
Il ness Antelope lack Chief cf tn
i Gcshcuts. to testify to the characte
: lcf Ibapah. To his tesl ronv COINS,
Tor lhapah interposed the folIown
Ii objection: Il Cbect to placing ar
"'tiNSStS oll tIlt StdlI WIN fP1efpn(
It to lbapah by the cOndefendant job,
ny, rs it cannot possibly touch III
II question as to vino was the instig
TOT of this crime
= The oDection was Overruled and "
: quote from the record the followin
S testimony Of the witness.
e MY name is antelope Jack. 7 liz
q" at Deep reek. | live there long tim
2 ! know ibapah since he was sma
Doy-ever HINGE his father gave hi
= Whiskey. Ibapah's father all II
# time gave him whiskey. He
y good boy-every body kno
Re he is a good boy. Ever,
y body think when he grow I'D he W.
good boy. Last summer Indian
L mink ABOUT linn, maybe he kill VIII
man and mayGe he kill Indian r,
=, eTIhodE around Deep Creek is afra
~ Of lhapah. Ibapah was a little be
= when his father first gave him viii
!, Ney. | Ink ihapah was a good be
a. when he was little When he w;
~ boy he was always a good no