Show ait testifies ast otlie SALT LAKE DENIZENS testify of the defendant s peaceable reputation other witnesses at 2 court resumed treni dotree indicted for murder appeared before the court and plead not guilty case beet for trial on april ath A E atwood and alma turner arera arraigned for crand larceny both plead not guilty and case set for the ath bail each W Y childs was arraigned for grand larceny plead not guilty mr zane suggested that a jury ought in this case to decide upon this roana sanity the case was laid over for a few days the court said the mans plea could not be taken if he ia insane john F arraigned for grand larceny taken until wednesday to plead the hite trial was resumed by ralph beatle taking the stand am lived formerly at G n river know lee garley was at gam midges at the time of the shooting waa at the kitchen door and saw mr imite coming up heard mr kohler pay the man that will do so and so ia a a of a b then hite aard like it and then heard i j hot before hite fired could see hite snoot and then saw hite run around the corner kohler followed him saw a cartridge shell close by the rifle which was on tb ground I 1 gave my mother the cartridge but she has sines lost it have a cartridge here that is just like it audgo howera offered it in evidence I 1 got behind a fence to get out of banse of kohlars Koh lers gun which was pointed that way cross examined by mr pawling when round the fence could bot see any more the log fence is a little back on the side of the kitchen did not shafer there nor burdess Bu when hite first came up he was alone could not see kahlor from where I 1 was did not sea rhodes around there certain of it did not notice anyone there at the kitchen door only mrs cammidge Gam midge who was alore did not see anyone else there see kohler fire beard oaly one ahot saw kohlars Koh lers head just round tha corner when he waa ine his gun mrs carrie blytle testified kohler attracted my aito atlon by coming to arh with a winchester rifle I 1 was surprised as I 1 had never seen him carry a weapon before he seemed saw mr hite coming from his cabin dont know whether any one was with him or not I 1 was at the kitchen door heard hite speaking friendly and aaa him take a chair litt leones away and came back to the kitchen door heard kohler call hite a narae and saw him level his gua saw kohler with his gun ia his hand after hite passed round and fired rhodes had pushed mra gam didgo into the kitchen she was very much excited mra williams was in tie kitchen at that time saw drake there standing under the arbor tao examination of mrs blytle was in progress when we went to yesterday aho said in her direct inina her boy gave her a cartridge shell which she had millaid mie laid crosa examined by mr cawlina when I 1 saw them raisin guna I 1 started for the kitchen door was sitting near the corner of the house could not say how many shots were fired when I 1 saw kohler at the door he wis holding his gun down saw kohler fire one shot I 1 did not see either shoot until got into the kitchen I 1 saw aboh shot thab I 1 he anly way I 1 know kehlet fired is a man he raises his gua lie certainly dont very lou without firing wa iu front of the louse and also john Hio before the I 1 could not B ear as who fired the first shot I 1 had a revolver but did not havu it in my hind at th ime oi the shoot in alie I 1 to k my children into tha house i esaua i om what I 1 heard the ure oud was licely to bo trouble anil aheu I 1 saw hite coming then I 1 trouble and got my ca ildren in I 1 did not say anything nebout the empty abill at the previous examination because I 1 asked B W vedder am conductor un the rio grande knew kohler met him at P V junction in june or july last and ha said he and cass hief biad had trouble casa hid done him dirt and that either he or cass dad to hiie he said he had made a will he pulled ont a 45 calibre at gren riter a couple of days before the I 1 aate hini and he wanted to know wiit he waa doing down there at denver aud added tuat when lie lexi saw him he was going to kill abc fj of a b on 1 was a of the chion er furj there seven louied in be mazzae maa zae and an empty shell in jhb gun the coroners jury the pun would hold twelve at my prey ions I 1 fraid I 1 thought there were echt cartridge in alie magazine but since I 1 leavo titta s mr farrar I 1 lienk there were only beven cross examination by sir zine this conversation nt th eian eaic n a P V junction waa had when u ker and fitzerald Fita erald was ariy mb aa would kill casa bite or cass imite cju d kill him both at P V and green river my rua wad between P V junction and grand junction the aou at green river was not at the round bouse it was at the oil house he there eald he would kill tim on nuhi had talked with grand junction ohl erB name waa not mentioned am not the man who brought word w ku that hite was alter him etc hav been discharged from the railway because I 1 zot drunk and flourished my revolver at P V junction over the head oe the firemen was locked ap oe night was taken on crain but not b cauce I 1 promised mr welby that I 1 would do better jaouen B keglan was sworn am said was fire iau ou iho railway iu september and lived at mrs gam midges houie knew bohu r by t saly saw ethlar at ahn round two or three daya before the in a with a mr yu f wl a mr said he wi i w 10 get casa imite ebeo he gov back frona denver evaa tta house and turntable turn table at the time of the shooting Sar Cohler about noon wibb a winchester and goiri talf ward his home jt is about yards from the house to the round housa while patting an engine on the table I 1 saw cass hite goicoa to baw a gun att the door saw hite sif down and then kohlem vireil tivice and fa w atte get up and go round the bouse the arst report canie from and there were two hite got out of his chair ahe shoot ing commence i we all left the ensine and ran toward abo cammidge Gam midge houe by tha time we got kohler was on tho bed last time I 1 saw him be ioie we went in was when he was be the window and the one picked up three winchester shells around know lee gasley diet him at t ie palmer juliuo ou tb a lath of this month in the rellar on abst day girley fiig tio intha froot room when kohler came in a d sot the gun and eaid to hes com inar and nichols said get him and him say also thai he then went into the kitchen and did not see woo bred the two witness identified iha lead pencil diagram and terii that lee garley made the on the paper was under the awning after the shooting anen drake came ont somebody asked him how lie bot faid 1 was in the road in the evening harry sharp mrs liliian s and were there mrs cammidge Gam midge aa d chis is awful I 1 wish I 1 hail seen more ao could hep proe culo C alite then irs said well moth clr yon will haye to to what you biow and mrs then said ne knew nothing fur che was rak n ato the and did not seetha looting to mr raw ins I 1 live in denver ame here on the aih oi this mouth jama with cass hite we met ut the hotel denver I 1 make it ny headquarter a it is kaaa hiten irad quarters got to green river on he stayed there two dava stop aed at the palmer house call m mrs cammidge Gam midge stopped off there or my health cass hite paid my tares ind hotel expenses came to salt lake 10 see some frienda frien dp stayed there one lay and two nights palmer a livery stable man was one of the frienda 1 wanted to see hite paid my bills just to enable me to visit my friends then I 1 went to mt PIe arant to seo johnny d him to come to gre ea river johnny and I 1 went together there eo that we could come to this trial it is not a direct route hundred miles out of the way t mr mite wanted us to saw garley on the he was skinning cats we went tb tho palmer house looked around f r cats got beer and took io the cellar we took tivo drinks each an hour before wa went into the cellar krigbaum me the biagi am before we went in the cellar he told me what it was for had the pencil garley said lets have some beer I 1 pulled the diagram out of my pocket put it on the ajor and et the pencil and made marks on it krigbaum had merely handed me the paper neither nor I 1 asked garley any ques tiona ve merely got down there on the floor and marked out the diagram na questions asked jack smith was staying aa tha palmer as were also hite and myself during cross examination he stayed very close to his testimony first had makled with caad hite about the case a lettla never had any business with hite and am not related to him he admitted he might have made at cass hile the other day after I 1 had got through with mr Gam midges identification FORENOON the arst district court resumed business this coining at the usual hour the hite murder trial was at once resumed by the defense calling john P hit who testified as follows am a brother of defendant cas hite have lived in utah nearly september ath or ath left green river and went to grand junction where 1 met before that I 1 had heard kohler macco threats against caas told tho latter that kohler had threatened his lita and cass and I 1 returned to green river together wa arrived on the evea saw kohler and drake that evening at the crescent saloon dant remember ghetler they remained there after we left both took drink with caad alcira invitation next day while on the railroad track saw botjer alone walking toward mr with a gun over his aboul der I 1 spoke to him but he refused to we never had had any difficulty That was the first time he had refused to recognize me I 1 went back to my cabba cabia aad tried to find went to the depot and found him stated to him that I 1 had ecea kobler armedee arm edHe said somebody else had told him the same thing but I 1 guela said ho I 1 had belter ga ani an i see him I 1 went to the round house and fram there 1 could see the house saw oas take tha chair and jenile standing there also saw mrs gam midge her hand in cas face identify rhodes from that distance and baw him taking mrs gam round to a side doer kobler was anere with i ig bet after awhile he raised and fired a ii ai re caes could att oai oi the ct air kohler agda atad kinle cass fie corn r of the h use pursued bj kb cr I 1 then round house aud fr the sceal faund cartridge shelia on the ground a boy pick aug them up end lie held them in his hands I 1 apolo to and aaker him bow he gut hur he aa then sitting in a chair observed that he had been wounded in his right in the lower part of ilia arm gross examined by mr zane before going to grand junction I 1 had received letters from cass and csillan had already received a letter I 1 did not think bet ire af kohlert Kohl erB threats that there waa difficulty fi did not say to harry farrer when cabs got back there likely to be bonola difficulty between him and kahlor 1 never aard anything like it in looking over toward th cammidge Gam midge house I 1 saw four or five persons st audine iu front of the arbor drake was where the centre post esob nerved and gillan and the latt r come over from hites cabin ho lore the shooting began am sure of this As far as I 1 know stood around on the outside side 1 mean to aaa t lat mv brother yat docu in the ahai r while kobler had big nun leveled on him atie barrel drooping saw the suu ander his aria aud ho aired ahe ahot when xay brother j ivied up and aboud the lime be fired t ie abot mv brother farad hia li bl eliut kuller was advancing all he ciui tiui wiiilie my brother retreated r ancl the bouso I 1 only baw tha farat ie lot l started to climb ont of the budow and trent u to the scene of the shooting and it was all ovea and casa bid goue to his cabin i lad im pistol when I 1 lan ovir there casaru s walkin luward his cabin he was not aning I 1 beai right hero to my brother a cibin he did nut say arben 1 aue up that he had goi hain JKo hIer atter faint had got the window in tho direction of the corner my brother ws down here painting to tile BOU beast comer of the arbor koh ergot about the window as 1 could not say la which am drake was hit the deemed to baye gone in the lower bait of the arm then in the upper pan and through his bzdyr dunt who the bi was who picked UD I 1 he shell he had red hair and freckled face it have been dont kaow saw K alei lying aront of tho door dead have not made any attempt to find that boy or those shell mrs blytle recalled recall sd ai avro chloren 1 lua in the house were younger than the boy who testified to clr boyla 1 did not try to hold arp Gair iroide in the kitchen never touched her altan shird st ird cited in utah 1 lire ye its ly a carpentsy sr bat bad ioree i hiie annies in nies had been til green iriv r thuie july 2 ith list at dranly for caas last we wera paid alf allta ittu ne i loin benter on the tv tarn rn ne ath aaa hiiri vib viba a narra 1 ue saloon ni wi had dont know whether bouer waa thero when we left we beut to chitea cabba cabia next iy ay tt as iltis iL tiP time I 1 sw kohlar was next day at alra Gam midges cabin before the shooting had never beard kohler baying anything about cafes hite went with hite to thu cammidge Gam midge hogua coald sot see from the cabin the front of the housa before baart ini out hite he would go and see kohler as he hu had beau threats dont remember hia to shafer direct from gnp of the windows nf the cabin by sticking my head out I 1 could see the front of the house by doing BO saw abt transpired kohler stood ia the deor with a winchester in bia baui and caad sit down went over there cass eel half way down n t ie east aide or the abber kohlar said you e dd abc ril k 1 you and and he tarel oafs for the corner anil round iff h nse when Hil apet round dask be in the line of pig tolAn positive that kohler ared albium alium after the g i exploded bia un on the ground ad ahr u went into the houfe a d all on t the bed I 1 picked up tha ean ni placed it the know amnier was burl till he fell on the bed demember member Ke vianit i ig drake at abo holy crota los pita after that on one ahen mu abe was there hite said 1 I hope D aka you dont blamo me drake baid no 1 dont blame you we have always been friends by mr zane beidl ember absing at John aotis on the daar of tha sho otin a id I 1 aid 1 did not want to eat but mr kohler was not biere dont remember bating to mr J alaon to look out and fee that kohlar his bill for eho would have botak eaid is corpse for it dont remi 1 r laying that the moment kihler Kih lei i the winchester he wull ha a Js man dont remember being drunk bummer and 1 nor sprawling on the floor and trying to look out of the window dont remember that johndon was ahead cf me when we left the cabin to go to and that he met des coining hack after tha johnny hite was not there when I 1 came up to the scene of the shooting burgess was there I 1 thick shafer wa there we were all there saw mrs boatle taking the children away ac 1 cams up I 1 repeat it was mrs boyda it was not mrs green liaw kohler writhing on the bed blood bubbling out of bis mouth just aa I 1 got avor ther before tha shooting becan I 1 saw mr being taken to the kitchen I 1 helped to fix u the litter on which tu lay kohler we tore up the planks that we picked up the empty cartridges positive there were three or beur of them picked up when I 1 returned from salt lake where I 1 ant with draffe I 1 called on mra Gamm idse for saddle I 1 did not ay thero in the presence of mrs williams that casa hite said kohler only fired one shot ke direct mrs on that occasion occa gion eaid dont so watfa that murderer cass hite I 1 waa not drank any time oh the of september mr james glendinning lake testified knew caad hiie in utah and idaho in 1867 and 1868 his reputation was good to mr rawlins he boucht his supplies from us he is an old friend of mine james hogle have known hit ainsa 1865 live in montana idaho and hare seen him in salt lake his reputation is good to I 1 am on the defendants bonds col henra page knew hite from from 75 to 80 knew him in colorado have seen him bavera times of late yeargin salt lake |