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Show all to take a drink, and all responded except Kohler. Hite then Invited Kohler to come up, and asked what was the matter with him. Kohler then took a drink and Hite went home. Hite was informed on the morning of the '.Kb that Kohler was hunting him with a Winchester rifle. Kohler had passed John P. Hite in the morning and refused re-fused to speak to him. which was unusual. Kohler carried a gun with him to dinner. Hite remarked to Shaefer Burgess and Sumner, at his cabin, that he did not believe Kohler would carry his threats into effect, but lie did not like him to go around in that manner, and proposed to go and have a talk with him. Shaefer was asked to go along and hear the conversation, but he asked Bur-cess Bur-cess to remain at the cabin, because Kohler might think they came for trouble if so.many of them caine. Burs-ess, however, had followed out of curiosity. When Hite and Shaefer went towards the Gammage house Kohler went in the house and came out into the door, where he remained with his gun raised. Mrs. Gammage was afraid, because CASS HITE ON TRIAL. Attorneys for Both Sides Present the Case to tho Jury. THE FIRST WITNESS TESTIFIES. He Bears Oat the Prosecution as to the Tbreatst Made by the Defendant Defend-ant Asainst His Victim and Reiterates Reiter-ates the Story of the Shooting As Recited by the Counsel for the People. When the district court opened yesterday morning at 10 o'clock Ernest Green wa called forward to plead to an indictment charging horse stealing. He pleaded not guilty. Captain W. E. Davis pleaded not guilty to tho charge of murdering Brock at West-water, West-water, August 24. John W. Lynch and Jennie L. Hart pleaded plead-ed not guilty to an indictment charging adultery. J. Hartley Witbeck of Nephi pleaded not guilty to a charge of forgery, in endorsing the name of the person to whom a certificate of deposit on the Mount Pleasant bank for over $800 was payable. Thomas Bryan, whose bonds were forfeited for-feited on Monday, on aecouut of non-attendance, pleaded not guilty to a charge of assault with intent to commit murder. The order to forfeit bonds was set aside and new bonds placed at $1000. The jury in the case of Cass Hite was selected. se-lected. It is composed of intelligent and reputable men. They are: John O. Thomas, farmer, Spanish Fork; Le Fevre Cuddeback, sheepman and farmer, Vermillion; Edward Reid, tailor, Manti; O. H. Pulver, farmer, Pay son; J. M. Holladay, farmer, Santaquin; George McKenzie, railroad rail-road contractor, Springville; Alexaader Ellis, farmer, Pleasant Grove; William Roy- she knew that Kohler had threatened Hite, and that was the reason she tried to prevent Hite from coming- to the house. Hite came up to where Kohler, Drake and the others were, and after sitting down, asked Kohler to put down his gun and let him talk to him (Kohler). Kohler put his gun down, resting rest-ing it on the muzzle. Hite began to talk to him, and after they had talked a short time Kohler raised his gun. Hite asked him to put the gun down and said: "No one ii afraid but you." Kohler called him a s of a b and tired at him; Kohler was excited and did not bit him; he fired a second time and about the same time Hite fired his first shot. Hite went around the corner aud with Kohler following him up"; they both fired and Drake was accidentally" acci-dentally" shot; but Hite did not shoot at Drake. The evidence of reputable witnesses would be presented to show that the fight was begun by Kohler. There had been an inquest held in Green River, but nothing had been said about Hite beginning the fight till weeks after the shooting. THE EVIDENCE. Frank Drake was called by the prosecution. prosecu-tion. He said that one thing that caused him to believe that Hite entertained ill feeling feel-ing towards Kohler was that he did not ask Kohler to drink. As Hite was seen coming toward Gammage' house Kohler went into his room and got his rifle, which he brought in the doorway. Drake offered Hite a chair and passed the time of day with him. Shaefer and Burgess were with Hite. Hite had his pistol in his scabbard and Shaefer had his pistol in his hand; Burgess did npt show his pistol. Mrs. Gammage went to meet Hite and told him to go away; but he came past her and sat down on the edge of a chair under the bowery. Kohler said to Hite that he did not want any trouble. Hite said he wanted to talk to Kohler, and asked him to put down bis gun. Kohler asked if there were any 6econd or third parties in this, and Hite said "no." Kohler then rested his gun on the butt. Hite said: "I understand yon are carrying a Winchester around for me." Kohler replied that he had cot said that he was carrying a Winchester around for anybody. any-body. Hite then said: "I think anybody that carries a Winchester around town is a 6 of a b . Kohler said that he thougbt any one who carried a pistol around was a s of a b . Hite then jumped up and said: "Take it back!" and fired two shots at Kohler. Kohler raised his gun and fired his first shot about the time .Hite fired his third shot. Hite ran around the corner of the building: tins, farmer, Pleasant Grove; William Roy-lance, Roy-lance, farmer, Springville; H. Fairbanks, farmer, Payson; L. T. Shelly, farmer, American Amer-ican Fork; I. D. Wines, sheepman and farmer, far-mer, Lehi; James Crookston, farmer, American Amer-ican Fork. The indictment charging murder of A. F. Kohler on the 9th of September, 1891, at Green River, was read to the jury by Clerk Bockman, and Judge Blackburn then cautioned cau-tioned the jury in the usual manner. AFTKKNOOM. Assistant Prosecuting Attorney Zane presented pre-sented the case for tbe people against Cass Hite. Oa the 9th of September, 1891, A. F. Kohler was killed at Green River;, he had lived there for a year, or about that time, and was engaged iu mining on the Colorado river, about 100 miles below Green River. Kohler was well known and was of a jovial, peaeable disposition. The defendant was also in the mining business and had claims adjoining Kohler's. He had been in Denver to obtain capital to develop his property; there he because aware of toe fact that Kohler Koh-ler had made statements that reflected upon defendant's ability to manage the mining property, and this caused htm to become so angry that when he returned to Green River, on the btli of September, he threatened to kill Kohler. On the night of the 6th Hite and a number of his associates went into the Crescent saloon. Kohler was also there, and from circumstances that transpired there, Kohler was led to believe that Hite was very much incensed at him. On the morning of the following day Kohler was told that Hite had threatened to "round him up." He went to a Mr. Brown and borrowed a rifle to protect himself with. He carried the ritie witb him to dinner and took it back with him to bis room at Mr. Gammage's, where he hung it up on some buckhorns. Mr. Hite was heard to make some very angry remarks m his cabin abont some man. and a short time after he and Shefcr and Burgess started to walk to Mr. Gammage's house, about ninety yards from his own cabin. Mrs. Gammage, Mrs. Bidell, Kohler, Drake and others were in front of the house and saw Hite coming. Kohler at once went into his room and took his gun and remained standing in the door with it til! Hite came up. He had the gun resting on the stock with the muzzle up. Mrs. Gammage went to meet Hite and tried to keep him from coming to the house, saying that she did not want any trouble. Mr. Hite passed by her and came to the house. He spoke to Drake, who handed him a chair. Shaefer and Burgess were with Hite. After Hite bad sat down on the edge of the chair he said to Kokler: "Put your gun down, I want to talk to you." Kohler asked if there were anv other parties in this. Hite replied, "No." After that Kohler put his gun down. Hite then said: "I think anyone who carries a Winchester around town is a cowardly a of a b ." In reply to this, Kohler said: "I think any one who carries a revolver is a cowardly s of a 1) ." Hite rose from and fired two or three shots after Kohler had started for the door. Drake was shot twice, once in the right arm and once in the right lung. He was standing south of Kohler. farther away from the bouse, and Hite was around the corner of the house, east of Kohler. Nichols was near by the house at the time of the shooting, but Gillen was not near the house. Mr. Drake waa cross-examined by Colonel Montgomery. He admitted that there was ill feeling towards Hite on the part of Kohler, and to some extent on the part of himself. The cross-examination will be continued today. Court adjourned till today at 10 o'clock. his ehair and saia: "Take it back!" and at tbe same time fired two shots, which struck Kohler; then Hite ran around the corner of the bui'ding and fired a third shot at the same time that Kohler fired his first shot from the Winchester. Hite fired two more shots, which struck Drake. Kohler staggered stag-gered into his room and laid down on his bed and soon after died, and Hite went to his cabin. The evidence will shew that only one shot had been tired from Kohler's Winchester. Tbe de Tense would introduce evidence to the effect that Kohler had threatened Hite's life, but the prosecution will bring witnesses who were present when those threats were claimed to have been made who will testify that they had not been made. THE DEFBKSB. Mr. Hiles stated the case for the defense. He said the evidence would be found to be contradictory, but the defense would not only contradict the testimony of the prosecution prose-cution by the testimony of other witnesses, but by circumstances that would be stronger than the evidence of the witnesses. The defense de-fense would show that the combat was commenced com-menced by Kohler and that he alone was responsible re-sponsible for the calamity that caused his death. Hit acted in self defense, and had no thought in his heart of doing Kohler an injury in-jury when he went to see him. Kohler and Hite had mining claims adjoining each other, and through business connected with those mining claims Kohler had become possessed pos-sessed with a feeling of bitter hatred towards to-wards Hite, and had repeatedly threatened his life. He had said be would kill Hite when he (Hite) returned from Denver. He had mad those threats so openly that John P. Hite became alarmed and went to meet his brother, the defendant, at Grand Junction and told him that it was dangerous for him to retnra to Green River. Oa the evening Hite returned to Green River, the 8th, he and some of his men visited vis-ited the Crescent saloon, where Kohler, Drake and others were present He invited |