The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-12-15
PROVO.
TUESDAY,
CASS HITE'S CASE.
He is Admitted to Twenty Thousand Dollars
Bail
December Il

The examination of Cass Hite, which |
commenced last month, was continued in |
the First district court. Application having
been made for bonds, Judge Powers and
Ogden Hiles appear for the applicant and
Assistant United States Attorney Zane
represents the government and asks that
the application be denied.
John +. Hite, brother OF Cass Hlte,
testified TO having been at Green River
when the shooting of Kohler occurred.
He was acquainted with him; was at the
round house ABOUT sixty yards from Gam
IMAGES house. Remembered seeing his
brother go over to the house, and MIR.
Drake gave him chair. Kohler was in
the door with gun partly raised, and soon
after he fired at Cass. There were other
shots following in quick succession. Hlte
retreated around the corner and kohler
went into the house. Saw kohler fire two
! shots. There were eight shots fired in all.
Saw three or four rifle shells lying on the
ground near the door and saw a small boy
picking them up. He had never heard any
threats from either of the parties to the
shooting; could not give the names of all
the parties.
Cross-examined-I expected there would
be some trouble. My brother was armed.
He never said he would call Kohler to any
! account. l went over in anticipation that
there would be trouble and was armed;
have been so for many years. L saw the
! Winchester go off first; didn't notice that
my brother had his hand on his pistol as
Kohler came up to the door. Am positive
hohler shot twice before my brother shot.
George l.. Gillian was present when the
shooting occurred. Hiue came over and sat
down at Gammage's homse. Kohler was
in the door with Winchester in his hand
and few words passed which witness did
not understand. Kohler said: "Pll kill
you, you s. of a b. and fired. Cass
raised up and Kohler shot again. Hite re-
turned the shot and about eight shots were
exchanged. Noticed some Winchester
shells on the ground.
To MIR. Zane-l was employed by Hite.
There were three or four shots fired from
the Winchester, not sure which.
Charles PARCEL testified that Kohler
asked him few days before the shooting
where Hite was and that he then
threatened to kill him on sight. He heard
the reports of the shots fired at the time
of the killing. He thought the Winchester
went off first, judging from the depth Of
the sound.
To Zane-I used to be named Brockway.
| worked night shift at the time of the
shooting; didn't go to bed that day
heard two rifle shots and then pistol shot
nearly the same time as the last report Of
the rife.
Smeltzer testified that he did not
threaten Nichols at the time of the
coroner's inquest that if he testified
against Hite he would be put out of the
way. Nichols said he thought there would
be danger if he told the truth in the case
3. W. Better, a conductor on the Rio
Grande Western, remembered the time of
the shooting of Kohler. He had con-
versation three months before that time
with Kohler, when the latter said be was
going to do Cass up and said he had made
his will, and two days before the killing he
said he would kill Hite on sight.
Crosby, a prisoner in the penitentiary.
said that Kohler had threatened to kill Hite
about a year before the shooting.
) Joe Bush testified as to how many cart
ridges gun would hold, and another testi-
fed that the gun Kohler had held thirteen
cartri dges
THE OTHER SIDE.
Mrs Laura johnson testified for the other
side that she had conversation with Gill
t ham, when the latter said, Pm full and
don't want any dinnern l asked Gillham
7 what was the matter with Kohler, and he
said if he ever raises that Winchester he IS
3 a dead man.
Cross -examined-Kohler brought his gun
f to dinner with him that day.
Mr.. j. Gammage, the owner OF the house
kohler said about five minutes before the
t shooting that he didn't want any trouble
7 and hoped there would be none. The third
shot was heavy one, the first seemed &c
/ be light.
: This finished the testimony and argu
| ments were commenced, Judge Powers
making the first speech.
After vigorous arguments by Attorneys
i Powers and Zane, Judge Blackburn decided
rgl0l IN