The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-11-15
PROVO.
November 10
HITE MURDER CASE.
Two Pleasant Entertainments-Large Ship
meuts of Grain.

Cass Hite, who is charged with the MUIR
der of Adolph F. Kohler, at Green River,
was brought into court yesterday morning,
together with James Burgess and William
Schatfer, who are made defendants in the
action. Attorneys o. w. Powers and Og-
den Hiles are for the defendants and J. M.
Zane and j. L. Rawlins are OH the prose-
cution. The defendants asked for con-
tinuance and the affidavit of Hite was sub
mitted, which stated that the defendants
could not 60 to trial without Charles E.
Parcel, witness who would testify that
Kohler had made threats against his life
and had stated that should he return to
Green River it would be sad day for him.
There was also another witness, John
McEntire, who would give important testi-
mony, and could not be had at present;
subpoena had been returned by Marshal
Parsons showing that diligent search had
been made.
The prosecution agreeing, continuance
was granted until the second Monday of
next term.
Motion was then made for admission to
bail of Hite, Burgess and Schaffer. 1t is
assumed by the defense that Hite went
over to the house where Kohler was to
amicably settle the difference that existed
between them, and that one of the other
there might be trouble, while the other
went at the request of MIR. Rite. After
Hite came to Kohler the latter assumed the
aggressive and fred the first shot.
Cass Hite, the defendant, was put upon
the stand, and stated that after returning
from Denver he heard from several par
ties that Kohler was going to do him up.
On the morning Of the 10th he went over
to Gammage'S house, where kohler was.
K Ohlar cUas ctnn6iDU with q Wjncboc+ tor II,
his hand. The defendant spoke to him in a
calm manner, and asked him what he was
going to do with the rifle. He replied
''Shoot you, you s-of a. b-!" and i'm
mediately began firing. Hlte returned the
shots, there being five or six fired from
both sides.
Carrie Bette testified that she knew A.
F. Kohler and Cass Hite. She was at
| Gammage's house at the time of the shoot
ing. She saw Kohler coming home with q
Winchester. He went into the house and
returned and appeared to be nervous. Hite
then came over and spoke in friendly
way to Kohler and sat down. Kohler
called Hite Sofa b. and Hite said you
are one, too. l saw KohIer raise his
gun and | retreated into the
| kitchen. Hite was in the
chair still. l did not seerthe first shot, but
saw the other shots. Schaffer, Gilman
Burgess, another Mr.. Hite and Drake were
present at the shooting.
Mr.. Joseph z. Burgess-Saw the shoot
! ing. Had gone there out Of curiosity
Hite was sitting in chair and said ''Kohlel
| Pve done you no harm. "kohler shot frs
and fired a second shot before Hite shot.
Cross eXamined by Zane-Hite had sale
in Denver that Kohler had done him dirt
1 am interested with Hits in mining.
William Schaffer-Was in the saloor
the night before the shooting, and heard
Kohler say he would kill Hite. He saw
him next at Gammage's house He saw
the shooting. Kohler was on the aggres
sive and fired two shots at Hite, who re
turned the shots, and there was q quicl
exchange of shots. Kohler staggered int
the house and fell upon the bed.
William NJ. Rhodes was present but dit
not see the shooting because of his bacl
being turned. Heard loud talk from botl
Hite and Kohler.
A man named Sphinx said Kohler asked
him for pistol the day before the shooting
a number of witnesses were brough
forward to show that Hite was
man of peaceful habits.
Prosecution rested and adjournment wa
taken until 2 o'clock.
After recess Mr.. Drake was called an
said Hite came to Gammages house fror
his cabin, and Mrs. Gammage requeste
that there be no trouble and asked him t
leave. l gave him a chair. He spoke t
Kohler about carrying a Winchester an
asked him why he carried the gun.
; Kohler said: I haven't said was carry
ing gun for anybody.
Hite said man who would carry Wir
chester is a G. s-p- of b..
Kohler said: So is man who carries
pistol.
Hite said: s'Take that back" and she
! twice at him. Kohler then leyeled his GU
! and shot, He went toward the corner
. the house, staggered and said: 81 guess he
got me-" and threw his gun down.
: 1 received two wounds, one on tn
= shoulder and one in the arm. The shot
= were from Hlte's pistol.
Cross examined-Kohler said he got th
gun to protect himself against Hite an
others. Just before the shooting Kohle
had the gun in horizontal position in b
5 hand, and Hite ordered him to put dow
the gun. The second shot must have h
Kohler, as he staggered back. There wei
> six or seven shots fired altogether. Hi
3 said to me he hoped 1 would get we'll
s have never said that the shots that struc
g me were purely accidental.
of the shooting Hite and Kohler wei
y armed. l heard loud talk and stepped GU
t side. MIR. Gammage had Mr.. Hite by I'll
g arm. Hite said PUT down your gum ar
r then said a man who would carry a gu
was Cd id coward. Kohler said "s
is q man who would carry pistol" Hi
replied, 'HTake that back, you 5. of a b..
. and fired two shots. Kohler then fire
:. and Cass kept shooting until six or seve
shots passed between them. Kohler sta
n gered into the room and fell upon the be
Nine cartridges were in the gun and OF
empty shell after the shooting
Cross examined testified before tt
q coroner's jury that l did not see the fir
shot, because 1 had been told ! would
.. put out of the way if 1 testified again
u Cass.
l., THE OLSEN VS.. LoVELEss CASE.
3 The jury in the case of Olsen VS.. Lovele
came into court and stated that they cou
: not agree. They were sent out to che
4 the rag until Monday morning, much
J. their disgust.
:, n Judge Blackburn admitted Burgess al
a Shaefer to bail in the sum of $1,000 eac
The application of Hite was denied. Cou
sci gave notice that another Applicant
would be made in thirty days when 9th
I. witnesses will testify.
IT MERRY DANCE.
The Academy hall accommodated Just /
% couples last night, most of whom we
students. Despite the crowded condition
G. the building, they were all well satisfi
with tho ball. Among the dancers W
n President H. H. Cluff, who appeared to g
a Joy himself immensely.
a CROWDED BALL ROOM.
" The attendance at the opera house W
le just a shade light, but there were enou
i to make the comfort of dancing almost il