Show ibave IN THE SITE CASE the closing testimony A number of other oases disposed of at the opening of court yesterday afternoon joseph plead guilty to adultery and waa sentenced to oso montha imprisonment oscar swenson waa admitted to zen john 0 summers was called to testify in the cass hite case he know kohler saw him with a gun looking over toward the hite cabin was in the cabin when hite and started to the cammidge Gam midge house there were left tn the cabin georee gillan wm burgess and johnson when going hita said be wa gorog lo 10 have a talk with kohler and there be no trouble saw hite and from the cabin by looking through ona of tho windows I 1 could see the front oi the houam saw caba ait down after that heard firing have had forty fiyo yeara experience with firearms fir earma can tell the difference of sound between the sound of a 44 calibre winchester and a 45 calibre revolver had been reading and heard two sharp reports and after that three or four lighter or duller founds of firing the first two were rifle shots after the shooting went to saw drake under the brush arbor saw the run thia one in court I 1 dont think la the one I 1 then aw the ona I 1 saw was a 14 shot gun and had an octagon shaped barrel spoke to drake and he said he was in the way of that hit croas examina by mr zane I 1 was sober at the is quest was not drunk at hites cabin hied been drinking it i owing to the definition of the word if you mean my mind was cuddled fuddled fudd led I 1 was not drauk charles parcell testified for the defense I 1 aliye in colorado tho shooting at green kivor met kohler bome conr days before at johnsons boarding hone taking breakfast OB that occasion he aard when cass hite cames from denter I 1 am gains to kill him cross examined by mr I 1 was an engine wiper had been going by tha name of brockaway before 1 came to green biyer barcell in mv right name mr drake was present when kohler made use of the threat against hite worked all night till 7 tle morning and slept during the da did not sleep any that day at the time of tha shooting I 1 was at the round house nobody was there there was a dago shoveling ashes johnny hite was not there till after tha shooting H a krigbaum Krig buum testified am proprietor ot the palmor house at green river casa hites general reputation is rood was a member of the coroners jury that held the inquest examined the rifle used by kinler found seven loaded cartridges and one empty shell in the gun met drake on the evening of sept ath at the palmar house alite waa there drake in a reply to hite eaid 1 I dont blame you case we have always been frienda frien dc to mr cawlina 1 was summoned as a juror by defendant burac es dont know that burgess summoned the witnesses believe be made the returns did not know that hite and burdass were associated together 1 prepared a diagram for Raglan of house I 1 tell him what to do with it I 1 simply gave it 0 o him and told him to use it if he wanted did not draw any pistol during the examination neither mrs cammidge Gam midge nor mrs williams was at the inquest we estimated that the rifle would hold thirteen shells I 1 did nut the cartridges taken out believe it was mr bedder frank r lived in salt lake formerly secretary of chamber of commerce acquainted hitsu reputation was considered goad judge powers read deposition of AI M H in regard to hilaa reputation that it was nod thomas farrer haye been postmaster several years at green aliver saw kohler or drake on the morning of the day of the shoot ioe he lad a rifle iio bs hand they went behind the jail and talked for about ten minutes the men talking were nichola ant drake thought it waa drake had the gan heard the ahoo tins there were two distinct shots first and then three or four rapid shots waa on of the coroners jury examined the gun there were seven loaded aija one shells bakon from it have known hit about eight years hid reputation for ettace and quietness in good to mr bawlin have not heard anybody say anything about aft reputation my own idea is that it 13 good was not intoxicated aurini the two or draughts of anisky that day it was chhor drake or kohler had the buu dont khov that I 1 got mixed up after tho drink of the whisky jo that who the man w a hurry U farrar waa at tom far aars ranch liala a mile away from when I 1 heard he shooting the first shota were verj distinct jhb second and thild right close together mr haiga offered in evidence the examination and arcas ex of J J taken at tha time of application for bail witness not in the country and could not be subpoenaed for the trial the testimony objected to final ly prosecution consented to the i it was that denied statements ol 01 Nic bols cass hite the principal defendant then took the stand he aard born in I 1 illinois lived there twenty years since I 1 then have lived in montana idalio arizona kansas colorado and utah 3 have been mining mostly all the time entered upon business at the colorado river about march my head hava t a at green river dandy i miles from green river have been superintendent of the colorado arver placer aai diug headquarters at denver had a cabin at green olivcr a plo 0 o of h bite and williams were offered in evidence on july was at green liver went to denver burnesa waa with me on my wy back early in september met my brother john at grand junction remained there four or biye days while there john hite told me of threats made by kohler returned to gocr n kiver en september ath my is to carry the dandy cros ia air many outlaw there at areen biver after my arrival saw kohler had known inn feinbe bore hh i no ill will beard in denver that he bad made saw kohler at tho Cr ascent saloon to drako and then asked kohler to coina aioM iw dav ift nsf up and take a drink he did so there were ao words or hard feeling he had baen autian back of the stoye I 1 then went off did not say to any one that 1 intended to round up kohler aad arake had no such intention several tod me next that made threats about 11 T sot dixine up my papers and went over to the palmer house lor dinner before anat Nichol fi told ms boing to ahe poat kohler and drake had planned to lill me after dinner I 1 met some parties ahu told me that kobler was around after me with a winchester rifle I 1 then went over to nay cabin then also chero tas bome talk about trouble there were some drinking but everything was quiet and orderly I 1 knew kohler could kill me from his cabin if be wanted to do so so I 1 thought I 1 would go and talk him out of it and asked chafer to go me have no recollection ol 01 talking tu ceilia er about go over to cab n nd there drake kohler mrs Gaffi midge mrs blytle and mrs williama abe cabins are aj yards apart whan about ay yards off BAW kohler go into the house when I 1 got up kohler stood in the floor and I 1 said kohler how dye do mrs gao midge said go away ou thing caeg hite you 1 have come here to make a fuss I tried to lacity her and told her I 1 chuie to cuke adv buas and rhods took her abay I 1 said what s the matter to and he said you a of a b ill let you know V hats the matter and he then draw the hammer ha was nervous would not talk reasonable and I 1 asked him to put down his gun he said lous of a b ill kill you he then fired the airet shot and it want over my head and the second grazed my arm I 1 sprung up and fired my revolver aa I 1 moved toward tue corner kohler approached me and I 1 got around the house when I 1 fired three timea drake was in the way and I 1 ahot him through the wrist I 1 up to the officers after the shooting I 1 saw drake at the palmer house and he said there ha did not blame me as he was m the way at the holy moroea hospital in salt lahce he told me the same thing and that we had always been friends when we went from I 1 did not expect burgess was following did not se Mrs Williama nor the uarley bov there I 1 did not go there to do kohler any in jury or have any trouble cross examined by mr zane I 1 was in texas a year and a half knew a man named wade knew a man named bright at colorado river he was an engraver never had mm make up a number of 20 gold pieces never told a mr hall that 1 was going to get up a lot of such coins and circulate them in mexico of course I 1 had feelings against kohler wasa I 1 came back from denver navor wrote from denver that I 1 would have got plenty of money if it beon s of a b over the way I 1 think drake was friendly to me until lately the ahola gang were unfriendly to me nichols told me he would kill kohler himself they were actually fighting among themselves haye been interviews by the the denter bews reported me in part waa not correctly reported by that paper whon it stated that 1 had said to shafer when going t the cammidge Gam midge cabin come along billy well go and aee them so that they cant he about it afterwards in my cabin there was winchester believed beli aved it belonged to bright I 1 brought it from denver when I 1 went over ts see kohler drake was standing under the arbor ho offered me a chair aad I 1 sat about here ing near the southeast corner poat I 1 have known mrs cammidge Gam midge to be anything bat ft kind motherly soul it ia true she was kind to tho people who had flick children and 1 got up a subscription tub for her i one time it is true 1 told the reporter of tho denver new that she waa hell cat As I 1 sat therein the chair kohler stood with his gun which was wobbling about the ball that grazed my arm didat toucan my coat I 1 dod eed that second bullet bouer stepped forward firing the second shot 1 jumped from the chair I 1 bound half way toward the corner kohler fired five different shots I 1 fired also ave photes kohler got shot as ho came to the corner could not see his bat saw hia gun that wag whan I 1 shot him through the enst he retreated then my last shot lit him in the wrist and hia last shot was fired in tha idt reeled staggered and got half way to the door I 1 testified before at the coroners inquest it is riot a fact that of late there has been considerable shooting around green river bv my men and that I 1 have not intimidated any for abo prosecution ke direct I 1 never asked any one if there was any atom fight ia the outfit to mr kawlins it is true that t denver I 1 believed I 1 had been accused of spending the funds of the company around green river and it made me angry airs was called by the proa ec ution remember gillan coming to my house and saying that he did not want anything to eat he ans full and that he afterwards took a cun of I 1 said dont kill kohler before h pays his board bill and he aard if you gat your pay out of him nave to take hia fur it harry sharp called by the defense I 1 I 1 live in salina work on the R G TT railway was at mrs house after killing I 1 asked her who did the shooting arst and she said I 1 bonc know who did toe first shooting thia waa an hour after the shooting william tucker called by the prosecution am employed on the aso grande remember kohler at P V junction when vedder waa there never heard kohler say 1 I will kill caas elite un sight nor that it was either cass hite or me for it nc such conversation occurred to judge powers never was ais charged from the eio granda I 1 frank drake recalled there wera no winchester abella on the ground aft r the shooting took at the saloon I 1 never heard kohler say he was coing to kill alite on the of the i h kohler and 1 went to breakfast between 8 and 8 parcel was not there and kohler did DOS say there at anjum that he was to judge powers had been shot fad was not particularly looking fur anything unusual was not looking on ane ground fors balla to mr zany if there had been any shells there 1 have seen them mr broan recalled on the of september aih at ane round house kohler did not eay ne was tn iiii i iii hue no such remark was mada jur R I 1 johson called by tho pro know and sumner during the time of the shooting was with them in the U te cabin met hite coining away from the and left ATA io the cabau both gillan and soia aei fuai abdi ire tha commenced I 1 dojk a Winches from gillan both gillan and sumner were un dar the influence of liquor mr nichola 01 the morn of ila shooting nor on any other occasion 1 neer auld hite that to kill him aar anything like it gillan came up after ahe shooting was over there wera no cartridges found on the ground air brown ic called had a tion with nichlis after the shooting and he told me hew it occurred and that alto fired tb two airet chota mr J M ballantyne was called by ohp prosecution cution he eaid ha was act ing coroner on the occasion saw the cun it contained nine loaded bhella and one empty shell to judge took cut part of tufui 1 held the gun and picked up the cartridges as thep were taken ont I 1 counted them I 1 dont remember that it was the verdict that there were only seven loaded taken out doat alink it was cass hite waa dig charged at thai examination I 1 stated at the inquest that there were nine I 1 did not farm an opinion that one shell had been fired at that timp made enquires if adv empty auellia were found around there and none were found to mr zam I 1 asked it publicly if any empty shells had been found there I 1 wanted the jury to bring a verdict against hile and it was vedder who wanted the burd not ant in mis williams recalled during the time of the george gillan was not there he came when the body was being laid out dont know raglan the I 1 heard till I 1 bame here no recollection of his beine at the heuse or having heard my mother mrs gam midge sav what he had testified to on the aland mr some old cartridge were ke 1 up on the ground it would take tw of fauch cartri dp to compare with those i bed in tl at HM court until this muru sf N pete IA and john braier can forward atu grud they wery bucall bast b tween the ages of 12 and 1 from sau peta accused oi ius a brown mare from joha lowery ot manti mr warner wa appointed painted ap to their case and plead fur them frank brent cabie up for sentence davios pleaded gucky tu the erime of ha had mairi fed the girl with whom the offense offence was and was fined 25 john F bunn to the crime el erand larceny aja 18 years of the stealing occurred in atie boy claimed te have been and sold an hes abot hid wu Sen teico was suspended a tho boy was requested to go before the grand jury aud testify against tho inan who sold him liquor mr for the in the hite murder cgee came before the jury and uarie the argument he reviewed tho conflicting testimony relative to kohlert Koh lera having pursued hite with a rifle and asserted kohler toot no toward the defendant but wa a peaceable and man eim ply looking out for hia own safety the idea of a man himself with witnesses and over to have a deace tak with a anaa against whom he had a deadly enmity and particularly a man like hite why should he be the one to maka peace 7 he wa not afraid of hia life being taken by kohler it waa a deep burning revenge that prompted him to eo over where kohler was because the deceased hd done him an injury while he wai in delvar behlar never teok one the cabin of hite but was shot down at hia own door surrounded with hatab men all of whom were armed with their bands upon their puna prepared for any emergency th defendant testimony waa gone points in the paraded befera the jury tie sai on ate that clr bottlo was in the house with her child and yet aha testifies that kohler shot firt ahe farat three chats from the pistol f hite took effect near the heart of kahler the third went his wrist penetrated hia body and at this point kohlert Kohl erB gun went off and whizzed past the popl at ake kitchen door two other shots bahret from aba defendants weapon at which time brake fell from he had deceit ed these cartridge shells of which so much is said are no where to ba found although they were said to have been deeo by hites brother cillan caw them and raglan baya he saw them they wars all imper tant to hites case but ara boneet and a host of around about the acene |