The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-03-01
PROVO.
THE HITE CASE.
Witnesses For the Defense Testify That
Kohler Fired First

witnesses For the Defense Testify That
Kohler Fired First.
The First district court opened at 10 o'clock
yesterday and the following business was
transacted:
Lee Gin pleaded not guilty to assault with in
tent to commit murder. He was admitted to
$3.50 bail. Case set for March 9.
Joseph Dilworth withdrew his plea of not
guilty to the crime of adultery and pleaded
guilty, Will be sentenced this morning.
The grand jury came into court and reported
seven in dictments, ignoring the case against
John Moriarty, who was accused of killing
Murphy, on the line of the I1ntic Range rail-
way last fall.
THE HITE CASE.
Mr. Burgess, one of the defendants in the
Hlte ct al. murder case, continued testifying
DE denied the intimidation of witnesses at the
coroner's inquest While he was talking with
MIS- Gammage she could not see Hite while the
shooting was going on
| Cross-examined by Rawlins-I saw Kohler at
dinner with Winchester and went and told
Hlte that kohler was looking for him with
gun; kohler stood with his gun cooked pointed
at H1te Just before the shooting. Hite said,
| "Kohler have done you no harm 1 then
went to the corner OF the house with Mrs. Gam
mage. kohler said, You G. d. s. of b.,
| you are a liar and then kohler shot, l be-
lieve kohler did put the stock of the gun down
on the door step during the talk. Mrs. Gam
mage could see Hite shoot from where she
stood. Am positive that Kohler picked up the
! gun and free tw ce before Hite shot. 1 went
with H1te to the cabin after the trouble. He
/ had mis- pistol in his hand, running.
WILLIAM sHAEFFER,
another defendant, took the stand: The night
before the killing was at tbs Crescent saloon.
kohler took drink with Hile. The latter left
the saloon first; then the deceased said II in
tend to kill Hlte." Next day Hite said 81 am
gong over to see Kohler, L don't want any
trouble with him, and if can SETTLE it up peace
ably 1t will be best" He asked me to 20 over
with him. Others volunteered to CO. but he
SAID no They will think we mean fight We
went toward Gammages; Kohler, Drake and
Rhodes sat there. kohler went into the house
and got his gun. Asked Hite what he came
there for, and Hite said, 'Put down your gun;
came to talk peaceably." He put down the
gun and they called each other liars
and s-ot-bs and then Kohler raised
and fired two shots in quick succession. The
gun was In p, sltion which sent the first shot
over HlteS head. Heard Mrs. Gammage tell
hlte to leave. Rhodes took her to the kitchen
She was excited; she didn't know what she was
doing. Hite sat down near the corner of the
house after coming up; not where Mrs. Gam
mage said it was. Two shots came from the
Winchester before Hite shot Hite was sitting
when the first shot came, was rising at the Sec
ono and both were standing when the third
shot came and both guns went off together.
Hlte then went around the corner and tn firing
continued. Drake was shot and fell. was
armed but did not draw my weapon Saw
the way. l never expected we would have any
difficulty with Koher.
Cont adjourned until clock.
OTHER CRIMINALS.
Court resumed session at o'clock yesterday.
Tribe Dutrie was arraigned and pleaded not
guilty to the crime Of murder. The case was
set for April 4.
Alonzo s. Atwood and Alma Turner were ar.
, ratgned, charged with stealing sheep last Janu-
airy. Both pleaded not guilty The case was
set for March 8, and each was admitted to $500
bail.
Willard Y. Child was arragned on a charge OF
arson. He pleaded guilty to having gone into
the barn to burn himself up. Zane said he was
entitled to trial upon his sanity. The case
was set for March 10.
John F. Quinn was arraigned for stealing q
horse in Sanpete county. He took until Wed
nesday to plead, when his attorney, w. X. Reid
Will be present.
THE HITE CASE RESUMED.
Ralph Billie, boy OF fourteen, testified ii
the Hlte case. was at Gammage's when the
shooting occurred. Saw Hite coming over ant
q he spoke to Kohler in a friendly way Kohlel
9 called Hite a s-of a b. and Hite said some
. tn ng. heard shot and looked around anC
saw Kohler fire another shot when Hite wen
q around the corner Saw a cartridge shell OF
9 the ground. Gave 1t to my mother. She lost it
. Have one like it. but 1t has a load in. Wen
8 behind the fence to get away from range OF
g Kohler's gun.
3 MRS. CARRIE BITLE
y was the next sworn and corroborated the pre-
n ceedlng witness, who Is her son.
% V. W. vETTER
IS freight conductor on the Rio Grande
Kohler told me he and Cass had ha
trouble, and either or the othe
would have to die. He also said h
;r had made his will. He was armed with a 4;
"a cal bre gun. Met him day or two before tn
:" shooting and said when he saw Hite he Woul
&c kill the s. of a D.. was on the coroner
N jury at the inquest over kohler's dead body
- Seven loads were in the magazine of the gu
40 which ohler had, and one empty she'll. w
ar concluded, after measuring, that tn gun woul
- hold Twelve cartridges L said before ther
&c were eight loads in the gun, but think now ther
"a were only seven.
BOBBY RAGLAND
80 testified to similar effect.
90 Adjourned until this morning at 10 o'clock.
sUNDRIEs.
y The marriage of Frank knight and Mis-
Harriet Thatcher took place yesterday mornin
. in the Third Ward Evan Nrde officiating
" the ceremonies. The welded pair viii sta
20 for california on their tour at once.
r. The advance sale yesterday for the extraord
I'd nary engagement of Frohmans company pre-
- senIing ''N iikinson's Widows was very graf
a flying. They will evidently play before a lars
~ and critical audience. he company is sure
g deserving of liberal patronage.
The funeral of R T. Thomas will take plaC
III to-day at 10 O'Clock at the meeting house.
THURMAN & KAREN,
10 Collectors and Insurance Agency.