Show tiie cass jelte THE GREAT CASE Is drawing to a close witnesses on rebuttal for the prosecution Arra anoos court resumed session at 2 alfred behnson Jeh a native was admitted to citizenship william shorter entered a pla of guilty to the charge of bellenz obscene literature and pictures mr wooda hii attorney stated that the defendant had been a news agent on the eio granda western and had bought the literature and pis turea from the agent who proceeded him not knowing that it was illegal to handle them ha had destroyed hia stock of that kind when he discovered that it was judge blackburn sentenced shorter to ELZ months imprisonment and to pay a fine of 10 the literature and pictures were abdar ed destroyed mr hiles read the testimony of B W vedder aa offered at the last trial to the effect that kohler had said that either he or caad hite would have to die also that kohler nad made his will he was on tha tor onera jury and found beven loaded cartridge a in the magazine and one empty shell in abe barzel cass hite the defendant I 1 m 47 yeara of age my business busi nass for the past 20 years has been mining and prospecting in montana idaho new mexico colorado and utah bare been unlaced enlaced in prospecting aud mining on the san juan and colorado rivers for tho last 12 years I 1 to locate the placer mines in 1805 1 knew kohler drake and Ni cholla 1 had no trouble with kohler brake and nicholls Kic holls before I 1 went to denver on the day of july 1891 I 1 returned to breau river on the ath of september my brother john hite met me at grand junction clo rado and warned me that kohler had threatened ill me the men who had been in my employ during the summer were waiting for me at green river mr burgess Mr and mr commery came with me from benver was secretary oi the company I 1 was superintendent 1 went to the crescent saloon on the evening of my return burgeess burgees Bur gees filban and sumner had previously told me kohler had threatened me and tan 1 lad better look out I 1 ant oyer to ahe saloon to see the boys and tell ibm ib m I 1 would pay them off next ibay after telling them I 1 invited alfr u lt to drink all came u except and another man behind the I 1 up to koblar and asked lira 10 cuile up and drink he did so but did not to me he was surly 1 beci haine I 1 paid the boys off tha next morning I 1 ook shatters money over to him at the crescent saloon dining thu forenoon mr Ni cholla told me drake and kohler had ant UD a job to do me up john hite or burgess told me that kohler hid a winchester for me I 1 asked shaefer to go over with ma to see kohler because he could kill me with this winchester from bis cabin bur gead and gillian wanted to go along but I 1 told them not to as I 1 did not expect any trouble I 1 did not go over with the intention of biking an attack upon kohler and drake I 1 went over to settle the difficulty without trouble I 1 saw kohler go into the house and return to iho door with hs winchester I 1 met MM onisime of ibe bowery she was excited and said ciss C iss hite vou nasty thing go away here you have come over here to maka trouble I 1 pushed her aside and some one took her away I 1 to the bowery and spoke to kuhler and drake drake answered and cave me a chair I 1 said to kohler la thia excitement about he raised the gun and said 1 you s of a b I 1 ill show you what it is about I 1 said kohler put the gun down I 1 want to talk with you he lowered bis gun and then I 1 said 1 understand you are going around with the gun for me he said you s of a b I 1 will show you who I 1 am going around with a eun for he then raised the gun the second time I 1 said now you have got the thing fired pull it off ue fired quickly quick lv the first shot went over my led the second shot grazed my left sleeve my first ahot and his third shot can e so close together that I 1 ell who fired fi a I 1 then got iu efto shots and retreated behind the corner of the cabin kohler followed me ti the corner of the cabin he put his pan around the corner and fired but his shot went off to the egut I 1 fired fiva shots I 1 had no more in my revolver I 1 alaria have an empty chamber or eai tty kohler fired five shot I 1 hi et saw drake v as hurt when they were helping him up from the ground I 1 had no intention of shooting drake after I 1 went to the hotel the boya came over and told me kohler was derl I 1 sent a telegram for a marshal I 1 was not at the inquest I 1 ballinger the county attorney and for ballantyne Ballan lyne to hold the inquest I 1 have not paid my witnesses anything except to meet their expenses aud vi hen they have had to quit their work I 1 have paid them wages havn not promised them above this several photographs of the scene 0 were introduced in evidence e mr hanein lia cross examination was more had been aitu some of the witnesses and also than he lad been with hite at the former trial the casa wag closed for the day hyrum N jackson was admitted to citizen hip court adjourned until 10 OL monday mornine MONDAY CA caswell pleaded not guilty to the charge of grand larceny his bonds were axed at caswell is the man arcus d of stealing a watch torn E J ward while the latter was asleep in front of alie cosmopolitan hotel the bats hite case was resumed jo w T farrer testified that hites reputation for peace and quietness was good J H lee said he had beard kohl r threaten ahe life of hite biad heard shooting the first two schott were rifle shots witter also testified to hibb a reputation H S kingbaum testified to seeing nino carri g i liken a eun H did not remember whether he hiell was included iu the nine or not 71 on of hite for prace and ya II 11 E Rawlins 9 efte moore jr and mr testified the reputation of hite for peace and quiet was good mr waa recalled and cor reeled his testimony as to the number of cartridge a taken aiom the eun upon reflection be had concluded were hui seven cartridges taken from the gun the defense rested witnesses asre called by the prosecution on rebuttal leb mie johnson of green river testified to hiten beinar drunk and making threats on kohlars Koh lers life john egan of P V junction testified that tha reputation of vedder wit nesa for the defense for truth and veracity not good witness had never heard kohler make any threats in hia saloon as u stint d to by vedder illiam testified that ho wai present at the egan saloon in P V junction when kobler was there wit ness had not heard kobler threaten to rill the a of a b on sight witness did not hear Kobler mention hidoa name on cross examination the witness testified that he was not in the galoon all tho time when kohler was there charles P johnson testified to having been in egans baloon wilh kohler he bad seen kohler get a revolver from egan he did not hear kohler maa tion chitea name or make any threats against him A receda was taken till 2 |