The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-02-27
Jury Secured and the Opening Addresses
Made.

Made.
Charles KiSsell was arraigned Yesterday for
assault with deadly weapon with intent to
kill one George Thompson. be took until this
morning to plead.
John Mann and James Smith, charged with
assaulting and robbing Spaniard short time
ago, pleaded not guilty, and Attorney Warner
took the case.
j. j. Wangs. charged with selling liquor on
Sunday, pleaded gu lty and was fined $50 and
costs OF the prosecution.
John L. Lee and John Hickey were accused
of stealing ride on the Rio Graude WesteIn
railroad They both pleaded guilty They were
fined 425 and costs of the prosecution. They
have been langulshing in jail for three months.
THE CAss HITE CASE.
j. w. Meek was called to the jury box in the
Cass Hite murder case.
Ten jurors had arrived whose names were on
the last venire.
Meek was excused having heard too much of
the case TO be free from prejudice.
l.. Holbrook was next called and passed for
cause.
Zane had no challenge Mr.. Hiles excused
Holbrook
The defense demanded the right to challenge
from full panel, there being one juror yet to
be passed upon. This was denied. Mr.. Hurst
was sworn.
Thomas Mcclure was next called There
was but one juror required. The last juror was
challenged by the prosecution.
r. l.. Armstrong next took the vacant chair.
He had heard considerable of what perported
to be the facts, anu was excused for cause
K. 2. Hunter was the next u be examined.
Hunters knowledge of what were supposed to
be facts in the case excused him.
l.. u. Mitchell was challenged, having formed
an opinion.
John Edwards was peremptorily challenged
by the prosecution.
Elmer S. Morton was examined and chal-
lenged by the prosecution.
Edward Sewell was called and challenged by
the defense.
Newman Butts was the next man called. and
accepted.
| The defense here asked the right to challenge
from the full panel 1t had already made
fifteen challenges and claimed the right to
challenge in behalf of the other defendants
| Burgess and Shaeffer. The motion was denied
and exception taken.
This completed the jury panel and the clerk
proceeded 10 read the Indictment which charges
Hite, Burgess and Shaefer with murder in the
| first degree, committed at Green River on the
! 9Th day of September last.
THE CASE.
Mr. Zane came before the jury and stated
what would be brought out in the testimony
| Hite and kohler were engaged in min ny opera
tions joining one another. The former made q
! trip to Denver and there heard that Kohler haC
made some remarks about him ard determined
when he returned 10 round him up. He made
similar remarks when he reached Grand Juno
ton. Upon arriving at Green River he, in com
pany with Burgess and Shaefer, determined tt
settle matters with Kohler, making many
| threats aga nst him.
ShaefTer offered one Drake pistol before the
| shooting telling him he would need it. He
claimed that Koher had good character fol-
peace and quetness but borrowed rifle fol
self protection which held ten cartridges. HI
went 10 the boarding house, partook of his
meal. and &C cd in all things though he
wanted to avoid any trouble with Hite. Abou
pm. Hite, Shaeffer and burgess, all armed
went to the house where Kohler was rooming
where Rhodes, Drake. Mrs Garridge an(
others were. When the deceased saw then
coming he provided himself with q rife anC
stood in the door, Hite and his pals came VI
and made some remark. Some words passed
about there being no second or third par