The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-02-27

| MS hand on his revolver, Hlte said, Put down
! your gun and let's talk this matter over" He
put down the gun, and then Hite said man
who carries Winchester around is G. d
s-of a b. kohler made similar remark,
| and Hlte began to fire upon him. putting two
bullets into his body; and sprung around the
corner when kohler fired. Hite also took three
shots at Drake, hitting him once in the arm
| The rife Koh er held was examined and found
| to contain nine loaded cartridges and one
| empty one.
| Powers excepted TO that statement Of Zane,
| that Hite deliberately fired upon Drake.
The jury was instructed regarding secrecy
and court adjourned until to-day,
AFTER RECESS
the jury went into the box few minutes before
2 o'c ock p. m. There was a crowd of specta-
tors awaiting at the entrance before the doors
were thrown open, and the room was well fill ed
| when the hour arrived for opening court.
Attorney Hiles for the defense proceeded to
make his statement to the jury: You will
| find, gentlemen, that this is an extraordinary
case There always two sides to quss-
| ton, but in this case will show that ours is
the only side. The government has case
against the defendant. They will attempt, by
certain evidence to blind your minds with what
are purported to be facts. A juryman is not
bound to believe all he hears. Counsel in
your minds whether statements are true or not.
! You must harmonic the statements Of wit
nesses and discover which are in harmony with
others. Disregard all testimony which appears
false, or shows itself to be SO. Cass Hite killed
kohler in self defense, and
to protect himself from deadly assault made
by the deceased. There was conspiracy
against Mr.. Hite. The other defendants have
have had no more to do with the killing than
you or l, but they made defendants because
OF the testimony they are capable of giving. II
will be shown that Hite is miner and has
PAGER claims near where Kohler is interested
| in the same business. Last spring bitter
feeling arose in Kohler's mind against Hite be-
cause of supposed Intervention in his bust
ness He therefore made frequent threats
l1l l. To aaG lfrel ,ifr
against him.
AT different intervals before the killing he
had threatened Hite's life. He made his will
because OF a contemplated deadly combat with
Hite
September Hite left Denver and came to
Green River to pay Fl men who had been work
ing for him. He met his brother, j. P. Htte, at
Grand Junction, who related the threats kohler
had made against him. Cas-, said he, cont
go TO Green hiver you viii be killed" Cass
replied, Boy, you arc young; people who talk
about killing scarcely ever kill anybody" Cass
came on to Green River and arrived on Septem
berS The same evening he met kohler Drake
and others in the Crescent saloon. Nothing
was said about threats, but he asked them all
to take drink, which they did. After this
think we will prove kohler threatened his life.
koher lived at Gammage's and Hite lived near
by In q cabin. September Cass paid of some
OF his men and was again informed of hohler's
threats, and that he carried Winchester rifle.
Hite then thoue ut honler M ant business, but
still was not sure that he would carry out his
threats. He went over to kohlers head
quarters and saw several people there. He
went to have talk with Koh er in order o
peacably fix matters up. He asked Shaefer to
go over with him. Kohler was already there
Hite either had TO leave town. take chances on
being shot, or 60 and see what Kohler meant.
The rational thing was TO go and see him. He
) had done no wrong against the deceased and
went with peace upon his lips.
RAwLINs HERE OBJECTED
to Mr.. Hiles arguing the case, but the court
allowed him to go on and would correct him if
he overstepped his prerogatiVe. Kohler.
Drake, Rhodes, Mrs. Bittle and some little
children were at the front door of the house.
Kohler ran into the house and reappear, at
the door, rife in hand. Burgess was there Cut
OF mere curiosity.
Mr. Hite said. Flow do you do" TO Drake
and kohler. They scarcely recognized hIm.
Drake offered chair to Hite and MrE. Gam
mage ord red him away from her house. kohler
drew his gun on Hite and said, "I'll show you
what all this is about" Mrs. Gammage was
conducted away (here photograph of Gam
mage house was prOduced) and an effort made
to paClfy her. Burgess then came back Hite
sat in chair with revolver on his person talk
ing with Kohler.
1 Kohler, said he, put down that gun. and said
4 there is no one afraid but you. Here Kohler
3 said you are liar. and slot A second shot was
= fred, and then Hite nred three shots in quick
succession and went around the corner, where
other shots we're fired.
We will show you that Kohler was not q
peaceable man anu was an exp rt with arms.
I<ohler tired many IA four snots and probably
miner nearly all his life on the Pacific Slope
I His reputation for peace and quiet is good. He
has been among hostile Indians and outlaws
Is familiar with peril and frontier emergenc eS.
He is brave and as humane as he is brave. TIC
d such men as these our nation owes its exist
ence.
g Zane said he would like to have all the wit,
o nesses excluded from the room. The defense
t objected. Judge Blackburn stated that he
would have them excluded.
Q Twenty-Five witnesses for the prosecution
s we've brought forward and
Seven witnesses were sworn for the defense.
! FRANK DRAKE
was the first witness for the prosecution Live
l. on the Colorado river Green River has beer
o my former home. Know Kohler, the deceased
Met + i'm at Green River; saw him alive las
d September of last year at that place. Know
Cass Hite also know William Shaefer anC
d Joseph Burgess. Was at Green River on the
7th Sth and 9th of September 1891 Hite came
: to town on the evening of the sth about
o'clock. George Gillian showed me letters con
y tanning
hleS-"1 object, the letters are the beS
Saw Hite at the Crescent saloon about darl
e with John Hire, George Gillian, Joseph Burgess
o all the evening. l shook hands with Hite tn,
5, same evening. Hite invited the crowd to drink
ID Don't know whether or not kohler was witt
them At went to kohler's room. On thu
k next morning we breakfasted between and
IS o'clock at Gammage's. Hites cabil
3 was about ninety yards southeast o
@ GammageS S. L boarded at Johnson
bout ninety yards from Gammage's
1 told kohler that Hite had threatened TO roun(
US up. He went TO Mr.. Browns from my room
ID about or 10 o'clock. Took dinner with kohler
7. He had Winchester rife with him He ha
a. no weapon OF his own. After dinner we went t
the room at Gammage's. Eite came to Gam
d mage's about o'clock. had no weapon dun
ID ing the entire day The evening before l got
10 revolver from shaeffer who laid it on the ba
c. and said Possibly would need it.' Hite cam
l. over from his room. Kohler was at Gammage'
% house Rhodes, Mrs G mmage, William Mich
y OILS, William Shaefer and two others wer
there. Shaeffer came up with Hite. Burgess
10 came after the shooting begun. A diagram G
lie the house where the shooting took place wa
Or put upon the blackboard. kohler went to tn
IT back part or the room, got the Winchester an
lie stood in the door, Mrs. Gammage met Hite a
is he was coming up and asked him to leave. Hit
e had six-shooter and scabbard on. He spolS
1t to me and to Kohler. gave him chair kob
d. Ter id 'Hite don't want you to bother me
G. Hite said, ''Kohler 1 hear you are carryin
ID gun for me- kohler said. "Hise, 1 haven
N said l was carrying gun for anyone" Hit
Id said set down you gun: want to take YOU
lp Kohler said, There no second or third pa,
ID ties in this HiJe said Anyone who woul
r. carry Winchester around is s. of a b..