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Show Kohler against Hite, testified to by Vedder. were then touched upon, aad attention at-tention called to the faet that numerous persons who were present had failed to bear them, and also the fact that Vedder was a man who couldn't be believed. The difference in the testimony npon several important questions git en npon the former trial from that given at this trial was next explained, and the reason Was that it was necessary to change the testimony to have it agree with facts that It did not agree with at the last trial. It was ridiculous to believe that Hite would have sat down in the chair with Kohler standing in the door with his gun if Hite had thought Kohler had any idea of killing him. . The fact of Kohler patting his gun down was conclusive proof that Kohler had no intention in-tention of killing Hite. The conversation conversa-tion between Kohler and Hite previous to the shooting and the position of the men at the time of the shooting was then carefully gone over; the testimony of the eye-witnesses reviewed, and the weak points of the evidence for the defense de-fense pointed oat. The evidence for the prosecution showed that Kohler had only fired one shot, which strnck the ground, and that was after he was fatally wounded by Hite. Hite came back from Denver enraged against Kobler because he had said that Hite a uinn in Duraugo on the strength of that. I suked by three parties to go pro?! 0--V.Q iu the Iadian country. I was iu t'w White canyon during the White canyon excitement; but not solely responsible for it. Most of the people who went to the. White canyon went away; but never heard oi them threatening threaten-ing to lynch me. Have never been accused ac-cused ol harboring horse-thieves. I did not like the way Kohler had talked about me in Denver. I do not remember whether I heard at Denver that Kohler had said that I spent money of the company com-pany at Green Kiver, gambling, I did not sa to Hall at Grand Junction, that Kohler was a s of a b . I don't think I told Hall that Kohler had been doing me dirt. I have no particular love for Mrs. Gammage; I was interviewed by the Denver News; I gave a partial ac" count of the shoollog in the interview; I believe, ;n that interview that I said Mrs. Gammage was a regular hell cat. Testimony from the last trial where he had aduitted that Mrs' Gammage had nursed childron in Green River while they had diphtheria, and that he had circulated a subscription list for her benefit wherein he had called her the "Mother of Green River." He was re" gorionsly cross-examined; but his testimony testi-mony was not shaken in any material point. Other court proceedings. William The District Court In the Cass Hite trial at Provo on Saturday, Colonel Montgomery asked Judge Blackburn to deliver his charge to the jury before arguments of counsel-Zaue counsel-Zaue objected. The court denied the request. After some unimportant evideneo had been given Cass Hite took the stand iu his own behalf. He gave his ago as 47 aud described his mining operations and partnerships. Ha9 been on the Colorado for the last twelve years; Kohler Koh-ler and Drake came there more recently; had no trouble with them prior to my trip to Denver in July, 1891; my brother told me of Kohler's threats! against! me. My men were waiting at Green Riyer for their pay. Trynor was secretary of the company; 1 was superintendent Went to the Crescent saloon the evening I returned. Had been told of Kohler's threats by Bnrgess, Gilham and Sumner. Sum-ner. I went to tell the boya that I would pay them next day, then asked all to drink. All stepped up bnt Kohler and another man behind the stove. I went up to Kohler and asked him to come up and drink, and he did, but didn't speak to me; he was surly. Next morning I paid the boys off: took Shaef-er's Shaef-er's money over to him at the Crescent saloon. Daring the forenoon Nichols told me that Drake and Kohler had pat up a job to do me up. After dinner John was gambling away the company's funds; and the fact that Hite had come back to do him np was communicated to Kohler. Kohler then borrowed a gun to protect himself, and Hite went over to his house and shot him down like a dog. He closed with an eloquent appeal for a verdict upon the facts as presented on the trial. Mr. Zane occupied two hours and twelve minutes in making bis argument. ar-gument. Other Cases. C. A. Casewell pleaded not guilty to grand larceny In stealing a watch and chain from . J. Ward while Ward whs asleep in front of the Cosmopolitan Hotel about six, weeks ago, His bonds were fixed at $500, George M. Harmon, arraigned on a charge of perjury in connection with a desert land entry (the land Is located in Sevier county), pleaded not guilty. His bonds of $500 had been forfeited on account ac-count of nonappearance. The forfeiture was set aside and Harmon was allowed to go on the other bonds. Thursday. Ogden Hiles appoared for the dofanse. He criticised questions asked by Mr, Zane, stating they bad been . asked tJ degrade witnesses )r:Bfenoe. in the eyes of the jury. Mr. Hlles spoke two hours and a half. The closing portion por-tion of his remarks being devoted to the threats made against Hite by Kohler, At the conclusion of his speech. Court adjourned until 2 o'clock. In the afternoon A. G. Sutherland spoke for the defense. He called atten lion to the fact that Cass Hite was indicted in-dicted for murder; the defense did not ask for sympathy but for justice, claiming claim-ing that the killing was justifiable-Befors justifiable-Befors the jury could find Cass Hi e guilty of the murder of Kohler they would have to find that the killing was deliberate, willful, premeditated and malicious; all these elements must be JackBon, who said his proper name was Shorter, was arranged for selling ob" scene pictures and pamphlets. He had no means to employ an attornoy and F. E, Woods was appointed to defend. Levi Franson, 12 years of age, who ac-cidentiy ac-cidentiy killed J. D, Draper, a 16-year-old boy, in Moroni on the 23th of Sept., was arranged on an indieement charging charg-ing voluntary manslaughter. Prosecuting Prosecut-ing Attorney Zane stated that he had been indicted by tho grand jury for the reason that they did not consider it their right to interprit the law which provides for an endictmeut in cases of this character, but ihe killing was purely accidental, aud wan caused by the defendant throwing a rock aud striking Draper, who was using Franson in an outrageous manner at the time. Mr. George Sonthorland, attorney for Franson, Fran-son, entered a plea of not guilty, and Mr. Zme asked to dismiss the case-which case-which was done. The little fellow was sobbing bitterly as he stood before the court. Alfred Johnson, a native of Denmark, Den-mark, was admitted to citizenseip, William - Saor-trocama Jorwardto plead to the endictment charging him with selling obscene pictures and lltera" ture, aud pleaded guilty. His attorney, Mr. Woods, stated that Shorter had neen a news agent on the Rio Grande Western and bought the pictures from the news agent who had proceeded him; he was 18 years of ago. and did not know that it was au offense to sell euch goods; he had destroyed-all he had left when he fonnd it was against the-law to have euch goods iu his possession. Judge Blackburn sentenced Shorter to six months In the penitentiary and to a fine of $10 and costs. Mr. Zane called the Courts attention to the fact that the statutes provides for tho destruction of Hite or Burgess said that Kohler had a Winchester for me, and I heard the same from others, and that he had threatened to kill me. I paid Shaefer abont 1 o'clock, and he went to ihe cabin with me to see his account. I asked Shaefer to go over with me and see Kohler; I had to go and talk with Kohler, Koh-ler, because he could kill me with his Winchester from his cabin. Burgess and Gilham wanted to go along bat I told them net to, because I did not expect ex-pect any trouble. I did not go over with any intention of making an attack upon K'jhler and Drake. I went over to settle the difficulty without trouble. When I was going over I saw Kohler go into the house aud return to the door with his Winchester. I met Mrs, Gammage outside out-side of the bowery. She was excited, and said: "Cass Hite, you uasty thine, go away from here; you have come over here to make trouble." I replied: "Why what is the matter with yon, Mru. Gammage? Gam-mage? I have not spoken to you for five mouths, and if you know of any trouble you jut Uavo obtained your Information In-formation from some one else." Rhodes then came up and took her away and I went on to the bowery and spoke to Kohler and Drake. Kohler did not reply re-ply to my salutation, but Drake did.and offered me a chair, I sat down. Kohler was standing in the door with his rifle. He was nervons and excited. I said to Kohler: "What is this excitement about?'' lie raised the gun and said: You s-of a b - I will show you what it is about." I said: "Kohler, put that gun down." He put the gun down with the muzzle down, Then I said: "I understand un-derstand you are going around with a gun for me." At that he raised the gun again. As ue came up wuu mo guu uo time, I said: "Now, you have got that thing fixed, pull it off." I thought by talking that way he would put It dowa He then said: "Yon s-of a b , I'll kill you," and fired. The first shot went over my head; the second shot grazed my left ehlrt sleevo. My first shot and his second shot came so close together that I cannot tell who fired first; I then got iu two shots and retreated behind the cabia. Kohler followed me to the corner of the cabin; he put Ms gun around the corner and tried to shoot me. I fired from around the corner; that shot passed through Kohlers wrist, and I think that was the shot that strnck Drake. I fired Ave shots; I had no more in' my revolver; always carry on empty chamber for safety. Kohler fired five shots. Then I went to my cabin and afterwards went to the Palmer House. First eaw Drake was hurt when tbey weie helping him np from the ground. I had no intention of shooting Drake. After I went to the hotel the boys came over and told me that Kohler was dead: then I caused a telegram to be sent for a Marshal and remained at the hotel. I was not at the Inquest. I sent for Mr. Ballinger, the Prosecuting Attorney At-torney of the county, and for Mr. Ballen tyre to hold the inquest. I went to Salt Lake and then returned to the Colorado river to the mines. I returned in October to soe if there was an Indictment Indict-ment found and met Deputy Marshal Norrell and Parsons, who had come after mo. I had also written to Sheriff Fowler and ask him to inform me if there was an indictment found so that 1 could come in and give myself np sncn pictures aua literature, anu me oi tensive articles were destroyed. Iu the Cass Hite trial at Provo Monday Mon-day J. n. Lee, H. S. Krigbaum, John T. Farrell, Bert Seibolt, H. E. Rawlings-S. Rawlings-S. P. Moore and Joseph Burgess testified to Hite's good repute for peace and quetness. The prosecution offered of number of witnesses in rebuttal on points of evidence evi-dence and contradictory testimony, and then Assistant United States Attorney John M. Zane began the opening argument. argu-ment. Ho called attention to the importance im-portance of the case not only on account of the crime involved and its effect upon the public peace but on account of the aggregate of eminent council who had come together to try the ease. No means had been spared to make the best possible possi-ble defense. It bad become a common saying that it was hard to convict a man who had means of any offense, This was clearly shown in this case when it was 'considered how hard the case had been contested by the very learned and astute council for the defense. de-fense. The prosecution had brought witnesses who had seen the affray, and defense had brought witnesses who testified tes-tified that those witnesses had told in other places that they had not seen the shooting. He scored Krigbaum, Rag-land Rag-land and Mclntire for attempting to get Lee Garley drunk In the cellar of the Palmer house and then have him say that he had seen the shooting. Mrs. Beitell had been brought to testify to Nichols being in the house, while a number of their own witnesses had testified that Nichole was outside. The threats said to have been made by shown to have entered into this act. He closed with an annalysis of the evidence and a criticism of Zane's method. Colonel. Montgomery commenced his argument at o quarter to 3 o'clock. He commenced by saying that if he was to consult his own judgment, and his own honest conviotlon, he would now submit the case without another word. He would have been willing to submit the case after the evidence was all in, wlthont any argument. But counsel sometimes were too confident of the justice of their cause, and their might be points that could be brought to attention at-tention of the jury that would aid them, or some ot them, to arrive at a right conclusion, that should be the purpose of all. The efforts of Zane in trying to bring out eyldeaee that would reflect upon the character of the defendant was denounced, and Mr. Zane was unmercifully un-mercifully critieised, Judge Blackburn on tvo or three occasions ordered Colonel Montgomery to desist from personal per-sonal remarks. Court adjourned till Wednesday morning when Montgomery will finish his argument. Colonel Montgomery in concluding his argument in the Cass Hite case, commenced Tuesday afternoon, reviewed re-viewed the tragedy from the first shot, and commented at length on the testimony testi-mony Colenel Montgomery was effected ef-fected to tears when he spoke of his friendship for Hite and the number of friends Hite had, at whose request, as well as hie own desire, he had come to throw in his mite in the defmse cf Hite. Mr. Hite was unable to maintain Continued on third page I li Ave not paid my witnesses anything exc'-pt their expenses, and sometimes when they have had to leave their work, luive p iid them wages: have not prom-i-ed them anything else to testify, Mr. H'.le identified photograph of the Gam-mige Gam-mige bcuse representing persons who ocenpii'd the different positions at the tune of the Bhcoting, Cross-examined Lft St. Louis in lKCiij i-iiwe back in 1809; then lived there three or four months in the next 1 two yeais; I had 110 tio ibloin St. Louis j at nay lime, 1 did not live at Silver j Purk. evadn; came from Durango to ' C'hIi. I discovered two or three mine i in tin Ii.tviijo country; I did not claim j t" have (i siovered ua tndiau mine from jury, and the United States b. vin Miuchle, bigamy, were, upon :ion of Prosecuting Attorney Zane, missed. Inrderous Assaults. Clerk Bachman d the indictment in the case of the pie vs. Thomas Bryan, charged with nalt to commit murder upon the son of John Fleming. Mr. Zane here red to dismiss both the case on trial 1 the one against Flemming. The y were instructed to return a verdict iot guilty in the case of Bryan, which y did, and the case of Fleming was missed. The same jury was timed ti-med in the case of the United States John W. Lynch And Jennie L. Harte, irged with adultry. Prosecuting orney Zane prosecuted, and C. II. rtin defended. ""Friday. Earnest Green was called forward for sentence, baring been convicted con-victed on Thursday of horse stealing, and was sentenced to five years m the penitentiar y. The adultry case, U. S. vs. J. W. Lynch and Jennie L. Ilatte, was proceeded pro-ceeded with. Both defendants testified' and denied emphatically all illegal acts. The Case went to the jury. People vs. John 0. Connors, robbery; dismissed on motion of Mr. Zane. hi Mr th mi ne In he rec th Co ' at re at bt w E !CIHPI y MM law and order, and the remainder men whose saloons Hite had patronized. The criticism made upon Mr. Zane's youth, personal appearance and conduct in the case by Colonel Montgomery yesterday were returned with interest, and the conduct of the Colonel claimed to be unprofessional, earnestly denounce de-nounce and ridienled. Judge Blackburn finally called Zane to order, as he did Colouel Montgomery Tuesday. Mr. Elte had been called a pioneer by Colonel Montgomery, and Mr. Zane called attention atten-tion to the wandering life Hite had led, which was not such as the pioneers as he had been compared with had led. Court took a recess till 2 o'clock. . The arguments In the Cass Mite case closed about 4 p. m. An order was made by the Court, Immediately upon tne re Uranism. of th& lory, ordering the de fendant fato custody and requiring him to be placed in the jail for safe-keeping The defendant was under bonds of 20,000 and had promptly answered every summons of the Court, and the order placing him in jail was a surprise' it elicited much unfavorable comment. The jury were out a little over an hour before supper, and after that went to their rooms for further deliberation. A very interesting and impressive incident in-cident occurred just about at close of Mr. Zane's concluding argnment. A delegation of three ladies came to the Courthouse, bearing a magnificent bouquet, bou-quet, to which was attached a card bearing on one side the insorlp'ion : ''Compliments af of the ladles of Provo to Cass Hite; October 12, 1892." On the reverse side was written: "God is onr refuge and strength, a very present help in time of trouble Psalms xlvl, 4." George Brown and fTilllam Sherrlll, ioh accused of perjury committed in istlee Parks's court in Uintah county a the 21st of May, 1892, by testifying ilsely in regard to the administration t poison to a horse at the Vernal race aok, pleaded not guilty. W. H. Evans, indicted for a similar flense committed at the same time, tiled to appear for arraignment, and is bonds were forfeited. A jury was impaneled in the case cf ;e People vs. Thomas Bryan, charged 1th assault with intent to commit inrder. The accused is charged with taking a felonous attack with a re jlver upon the person ot John Fleming 1 Eureka pn the ISth of August of 1892. . osecuting Attorney Zane appears for is defense- The account of Clerk Bachman for ,e quarter ending September 30, 1892, as upon motion ot Prosecuting Attor-ey Attor-ey Zane allowed. The jury in the case of the People vs, .9 pass Hite came n at ten minutes 1st 10, Thursday morning, and the fendant was brought into court and :8 foreman, George McSenzle, in nswer to the question of the e'erk if Jhey had agreed upon a verdict, replied; 'fes, sir, we And the defendant Ca-s Bite guilty ot murder in the second degree, with recommendation to the mercy of the Court." Colonsl Montgomery asked to have the jury polled. Each juror answered "Yes sir,'' to Clerk Bachman's: "Is this, and was this, your vordlct?'' Colonel Montgomery gave notice of a motion to set aside the verdict and for a new trial, and asked for a stay of pro ceedings till such motion could be filed, Sentence was suspended for ten days, a id that time given to prepare motion (0 -set aside the verdiot and for a new trial. Golonol Montgomery gave notice that he should make application for ball at 2 o'clock, pending the motion for a new trial and the action of the Supreme Court if the motion for a new trial was denied. Dismissed. The cases of the People vs, George Brown and William Sherrlll |