The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-11-10


states evidence" In this state We
have q simpler way Of accom- plishine
htc Same result. (See Comp. Laws,
Sec. 1877, supra) In any event. both
under me Texas procedure and that
" this sSJe. there must net be SUM-
lent evidence. in the idgment of the
court. to put him on his defense he
ore his codefendant can, in the man
1er required, avail himself Of his tes-
'mony he SO desires. johnny was
'ot IN the fortunate position that it
'>uld be said there was little or no
Flaence against him. nor was the
nrpose sought to be accom- plishe ed by
he submission Of is case upon the
lose Of the States testimony, the use
# his testimony in behalf Of his c.
defendant.
I. Confessions Of the defendant
'banah were admitted in evidence.
over the objection Of tho counsel that
it did not appear that such confes.
'lons 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
before he was placed in Jail.
The other confession was made the
-o-oWlng morning. in the presence of
l-e sheriff, to representatives OF the
local newspapers. The latter confess
SIGN was reduced to writing, read ov-
err 10 the defendant, and signed by
ann by anxing his mar thereto The
Hrsf confession was made while the
defendant was in the custody of Guy
l1arpln, the deputy sheriff, Mr..
Brown and Mr.. Stanley. during the
temporary absence of the sheriff.
1t would appear from the evidence
taat the defendant was told hv Mr.
STANLEY that the defendant Johnny
mad told of the crime and that he
further said % him, You might as
Wen tell the truth" -eyond this
there does not appear to have bean
72yjhiH% said 10 tie defendant 10 N
1nce hin. 10 make confession.
counsel placed the defendant Iha-
5ah upon the stand to recite the cir
cun-st2nccs of the confession. but ra
uLd not vary in any particular degree
N MS testimony from that racitad
nv the witness for the State Hn
aAoL hcWeEcT. say that i. was Mr.
7athin who told him that -Iohnrv
had already told about il He rber
testified: When he told ME that i
scared me more. Everything | told
men was true. | was scared very
much that night"
Al! hat can be made Of the defend
men ne made his confession to Har
n but he iterates upon the stand
the truth. as
The only obiay, in ~xc...!in.s lost
nlohy glen under threats. duross g.
upon promise Of reward. is that s,,r
.est imony might not be tn truth
defendant cannot be iaeiudiced hv
, me ADMISSION of a confession which
he voluntarily Acknowledges. undor
oa'h. is the truth. But the fact that
ne was imbued With fear occa stoned
hy his arrest and KNOWLEDGE If
guilt would not alone make his CON
fesslon inadmissible.
All that has been said about the
confession made by the defendant
lbapah to deputy sheriff Hardin and
the others. upon the evening Of his
arrest, vii! apply to his confession
made the following morning to the
newspaper men.
me sheriff testified as follows with
reference to ne latter confessions:
When Ihapah was brought ont
told him if he felt like i. he could
make a statement to these men. I
told him that it was not necessary
unless he wanted to, and he said he
would tell them"
Even if there was a PRESTON ,s to
the admissibility of these confessions
the error if any, became cured when
the defendant became a witness in
his own behalf and corroborated ey-
cry statement contained in his var
ious confessions.
lPeople ketchum. - Gel. S35:
People Y Daniels, 70 Cal. 521. IL
|Cyc. 1861
D After ibapaIl had testified in his
own defense. and rested his case,
counsel for Johnny called as q wit
ness Antelope Jack, Chief Of tho
Goshouts. tn testify to the character
cf lbapah. TO his tes, monv counsel
Tor lhapah internosed the following
ooec'lon: Il OBJECT 10 placing apy
witnesses On the stand with reference
"a lbapah by the conGefendanI John
ny, as it cannot possibly touch tho
question as o who was the iosri-o
tor of this crime"
the onection was overruled and We
quote from the record the following
'estimony Of the witness.
MY name is Antelooe Jack. 7 live
Deep Feck. live there long time.
know ibapah since he was small
'oy-eVer HINGE his father gave hin
Whiskey. Eb0pahs father all the
inc gave him whiskey. He IS
IA good Doy-every BODY know
ne Is good boy Every
body think when he grow I'D he was
Ia good boy. Last summer Indians
tnlhk ABOUT him. maybe he kill white
man and maybe he kill Indian F,v
@'Nhody around Deep Greek is AFRAID
21 lbaDah. !bapah was little bow
! men his .er first eass him vhis-
| NIX Ib3 Tvoc -.