OCR Text |
Show The District Court. Ttie first district ecort opened Monday Mon-day morning promptly at 10 o'cloek. Au order oJ couiinuauce for leu days was entered in the ease of K. Healy vs. A!m' city. U'lU'sui Broadie was arraigned on tlie ch.irge of graud larceny. He is accused ac-cused i.f having stolen a gold watch from Oacar Wilkius last winter. He eutered a plea ol not guilty and his casn was set for trial to come tip later in the term. John Hill came forward and pleaded guilty to hiring a team and wagon from a man in Lake Shore and afterwards telling the outfit in Eureka and spending spend-ing the money. The court sentenced him to one year in the penitentiary. Mark Howard was arraigned on the charge of assaolt with intent to kill. He pleaded not guilty and was remaud-ed remaud-ed for trial, Tiie bonds of Edward T. Jones, cl aimed with rspe, were declared foi-feiirrt foi-feiirrt owing to the non-appearance of the defendant. The grand jury came into court and presented five indictments tinder territorial ter-ritorial laws ani reported the case of the United States Joseph White and Annie Miller ignored. on the 'Jib. day of September, 1S!1 . Assistant United States Attorney Zane made the opening statement in the case for the defendant. Frank Drake was the first witness called for the prosecution. Live in the Henry mountains, Utah; lived at Green River September, 1891 ; had li.ved there abont two and one-half years; knew Kohler and knew Hite, Shaefer and Burgess; saw Kohler alive on the yth of September in the afternoon for the last iine; saw his body alter that; 1 think there were five wounds .upon thf body of Kohler. Colonel Montegomery objected to the manner Mr. Zane interrogated the witness wit-ness claiming that he asked leading questions. Mr. Drake continued; Kohler was kiiled by a shot from Hite's gun, saw Kohler tiia; day and the day before he was shot; saw. him at the Crescent saloon the night Hito returned from Denver; Shaefer was the bartender; several of Hite's associates were there. Mr, Zane Did you hear anything in the saloon on the night before the shooting, shoot-ing, that led yon to believe that Hite had any ill feeling toward Kohler? Colonel Montgomery objected to the question on the ground that the question ques-tion calied for a conclusion. Objection overruled and an exception Ia the case of the North Bench Irrigation Irri-gation company vs. Alpine oity, eleven days was given to file answer. In the case of Engene Harris vs. James Thomson the appeal was dismissed. dis-missed. The case of the people vs. Cass Hite was then called. The defendant is charged with the murder of Adolph Kohler in September 1891, at Green River. Full particulars of the shooting shoot-ing appeared in the newspapers at the time and the evidence adduced at the trial last spring was also .given, A short statement of the case will, however, how-ever, not be amiss at present. There had been some trouble between Kohler and Hite over some mining claims on the Colorado river in the summer of '91 and stories had been carried from one to the other of threats made by each against the other. These stories, no donbt, caused the tragedy for which Cass Hite is now being tried. Some time in the month of September Ct ss Hite visited Green river to pay the man he had working for him, and on his arrival he was told that Kohler was taken. Drake Yes, sir. Zaue State what took place. When we were invited to drink by Sir. Hite, Kohler was not asked. I was offered a revolver by William Shaefer that night; he said: ''You can take this guu, probably you will need it." The testimony in regard to the gun was stricken out. Mr. Hite had a cabin about ninety yards south-east ol ths Gammage house. Kohler boarded at Mr. Johnson's about ninety yards Ronth-west Ronth-west of the Gammage house. Kohler did not leave his room on the night of the 8th after we returned, abont 9 o'clock. Kohler and I went to breakfast break-fast at Mrs. Johnson's the next morning at 9 o'clock. Weut back to the room at about 9:30 o'clock. On the morning of the 9th Mr, ty. M. Nichols told me that Hite had made some remarks in regard to Kohler; I communicaied what he said to Kohler. A itness then proceeded to recite his ' version of the crime, whieh was to the ' effect that Hite had shot Kohler with- ! out any provocation whatever. ! The remainder of the afternoon was i spent in cross-examination of the wit- ness, but nothing of importance was ' brought out. The witness admitted ' that Kohler and Hite did not love each other. ' On Thursday morning the cross- ' examination of Drake was continued,' it ' being specially minute on the point of : Hite's not asking Kohler to drink when he asked the others 'at the Crescent j saloon on the 8th, Drake also explained that he got the revolver in that saloon the same day, "to have in ease anything J should oome up " It was a man named j Jensoa t?u tuMJ&ll flmiWLtUreat to round Drake ana KohBrup: fhouguc'rr more than one jumped onto Kohler, might need the gun. Drake's cross-examination cross-examination continued at great length, going over the minutest details as to locations, the Gammage house, eta. In the course of it Colonel Montgomery asked the prosecution if they had the Drake gun; Mr. Zaue said no, it had been stolen from the owner since the former trial. Drake went over the shooting scene again minutely, and detailed the conversation threat. On redirect, Drake told ot his interest in the placer claim and of his friendship friend-ship with Kohler. Mrs: Malinda Gammage, at whose house the shooting was done, said she had lived at Green River abont twelve (Continued on third page.) laying ior mm witn a gun. i.ass Hite called on Kohler the next day and then the trouble occurred which ended in the death of the latter. The legal talent on ths case consists of John 41. Zane and W. H. King for the prosecution and Ogden Hiles a. G. Sutherland and Colonel Montgomery of Denver for the defense. Out of the first twelve jnrors examined, exam-ined, six were excused. One for having hav-ing formed an opinion in the case and five peremtory challenges were exercised. exer-cised. Six others were summoned and these were all excused. Court then tootr a recess until 2 o'clock. .When court resumed sessiQO.at 2 u Linvn, r.'jwTTrTBneg, whose bonus had been declared forfeited in the morning, was present and to the charge of rape on the person of Mary Dissenwinder, he pieaded not guilty. The case was continued for the term. Ernest Green was arraigned on a charge of grand larceny. He is accused of having stolen a horse from Amos and John Rhodes on July J, 1892. He took until Taesday to plead. The court thought his bond was insufficient and he was remanded to jail until he could obtain good bondsmen. The bonds of Thomas Bryant, who is accused of assault with intent to kill, were declared forfeited. The grand jury presented five more indictments under territorial statutes, and reported the case of the United States vs. Robert Gillespie ignored. The empaneling of the jury In the Cass Hite case was then proceeded with. Konr more jurors were sworn before the venire was exhausted. This made ten in the jnry box sworn to try Cass Hite far his life. As no other jnrors put in an iappearanee an adjournment ad-journment was taken until Tuesday at 10 o'clock. Tuesday When conrt resumed session at 10 o'clock, Ernest Gr6en pleaded not guilty to the charge of grand lareeny. The case was set for October 12th. Captain W. E. Davis who shot and killed three men at Westwater, on the R. (i. V. about a month or six weeks ago was arraigned on the charge of murder. He pleaded not guilty. S. R. f hurman is his attorney. John V. Lyneh entered a plea of not guilty to the charge of adultery alleged al-leged to have been committed with Jennie L. Hart. This is the couple who eloped from Payson last summer and were captured at Santaquin. John II. Witbeck of Nephi was arraigned ar-raigned on the charge of forgery. He was charged with having endorsed the name of Andrew S. Jensen on a check on the Mt, Pleasant bank about An-gust An-gust loth, 1892. He entered a plea of not guilty. Thomas Brvan, charged with assault with intent to kill a man named John Fleming, and whose bonds were declared de-clared forfeited, appeared ill eourt and forfeitnre was set aside. He pleaded not guilty and a new bond of $1,000 was oidered. The empaneling of a jury In the Cass Hite case was then resumed It was exactly 12 o'clock when the panel was completed and the jury is now as follows: Jennie L. Hart pleaded not guilty to the charge of adulter; and her bonds were placed at $300. In the case of George VV. McCall vs. George C. Whitmore, appeal; the appeal was dismissed and remanded to the lower court upon motion of VV. H. Kine, attorney for the defendant. An order was made summoning de-fY-nilant's witnesses in the case of the People vs. Thomas Bryan. llin Cass Hite jury -as completed. The prosecution exercised six peremptory peremp-tory challenges, and the defense thirteen oi the fifteen allowed it. The jurors accepted and sworn to tiy the case are John O. Thomas, Spanish Fork, farmer; Lefevre Cuddleback. Vermillion, farmer and stockman; Eiward Reld Manti, tailor; O. H. Pulvor, Payson, farmer; J. M. Ilollady, Santaqnin, farmer; George MeKinzin, Springville, railroad contractor; con-tractor; Alexander Ellis, Pleasant Grove, farmer; William Roylan.-e, Springville, fanner; II. Fairbank, Payson, farmer and merchant; L. T. Shelley, American tork, farmer; Ira D. Wines, Lehi sheep man; James Crookston, American Fork, farmer. Clerk Baciman read the indictment barging the killing of Adolph Kohler is the matter with yon?" Kohler thi n cam i' up ami hud a drink. After that we went to lied; Saw Cass next morning morn-ing at breakfast, ho told tho boys to couib over to the cabin and receive their pay. Hhaefer did not come over; some of the boys a.ibt they wonht take Shaefer's mouey lu him; it might lie' Cass. Next saw Cftfs about 12 o'clock;' I went to i.unt hira because I had been told of threats Kohler had made, and Lee had told me that Kohler had a gnn and was looking for Cass. 1 followed Cass as far as the Ronndhonse; saw Cass and Shaefer go toward the Gammage house; when they got clow to tho cabin Kohier went in and returned to the door with a gnn; saw Mrs. Ganiuiage go toward Cass; Saw Cass sit down; Kohler was standing in the door with his gnn partly raised; could not hear what was said; Kohler fired first; when the second shot from tho Winchester was fired the ' first shot was iired from the revolver; Cas3 retreated around'' the corner, and Kohler fallowed him part of the way and shots were exchanged; then Kohler went in the lions . When I saw Kohler ou the morning of the 9th he had a rifle, and would not speak to me. There was no disorderly conduct in Cass Kite's cabin on the morning of the 9th, nor was Kohler's name mentioned. The ntlnuc n-oa nrn.i-arninlniiil of nrunt The Dlstrlat Court. (Continued from lirst page.) years; knew Kohler and Kite. She told of the occurrences of tho day. of Uite'a cumin,; to her house; how Kohlor saw line coming and got bis gun down off the buckhorne; she talked to Kohler, and he told her to go away. She went to meet llite and asked him to go away, if he warned trouble to go elsewhere. Hue passed by her, toward Kohler, who said, "Mr. llite, don't you bother me." Couldn't hear Kite's reply. Hite drew his revolver part out while she had her hand on his arm. He sat on the arm of the chair-with his hand on his revolver. Mr. Rhodes theu started to take me away. I heard Mr llite say: "Any one who carr'es a Winchester is a cowardly s-ofab ." Mr. Kohler replied in tliuilar langnage. Then Mr. llite said: "Take it baek! take it backP and tired two shots. Hite came aronnd the corner cor-ner aud fired three shots from there. The big gun went off when Hite tired his third shot-. The big guu only went off once. Mr. Shaefer was with iiite when he came over, Mr. Burgess came a short distance behind. Shaefer stood near the southeast corner of the bowery while the shooting was going on. I did not see dillen there. length, but uot shaken, William Shaefer remembered Cass Hite's retnrn from Denver, and the subsequent occurrences, just about as the previous witness stated them. He theu gave his version of the killing, staling that Kohler fired the first stiot. Tha eross-ezamiuatlon eross-ezamiuatlon of this witness was continued until the court adjourned. Gaol ge C. Binder pleaded not guilty to two iudiclineuts fur assault with latent to commit minder. Bonos. 10C0 lu each case. Thomas Nteisou and Hyrnui Lewis pleaded uot guilty of bur.-l.iry. Thomas Slack pleaded not guilty to graud larceny in s.eallug 10 from Ole Chiistensen in Juab county. John H. Witbeck pleaded uot guilty to taking a certificate of deposit fur 326 . from the Xephi postofhee addressed to , Andrew L, Jeusep. Bond, 1000. James Henrlchson pleaded nut guilty of I grand larceny; forfeiture of bond set aside. Her cross-examination went into mtnutiEe very closely, in detail and circumstance. Lee Farlaud, aged 15, testified that he was working for Mrs. Gammage at the time of the shooting aud was iu the room back of Mr. Kohler when the shooting commenced. Kohier was standing iu the door with his gun. Kohler said to Hite: 1 Stand back; I know your threats." HUe said to Kohler: "If vou have auytblug (meaning (mean-ing guu) fixed, pull it off." jV tineas repeated the language that led to the shootiug, and the cireuuistaucea connected con-nected with the shootiug, corroborating Drake's testimony. Mrs. Xichols said to Mr. Kohler after he had came iu the house and laid on the bed: "I believe he has ot jon, Kohler." Kohler replied: "I know it." On cross-examination witness said he hadn't heard of Drake getting money to pay the expenses of this indictment; didn't himself get $20 and a suit of clothes to testify in this case; didn't get a pistol; bought a suit of elothes with money got from Mrs. Gammage. Far-land Far-land was cross examined closely In regard re-gard to his ability to see turongh the window from where he was standing, and it was brought out that he could not see Hite all the time. On redirect be explained that he had earned the money he got from Mrs. Gammage. - Peter Xaegles, applicant for naturalization, naturali-zation, being asked in case of war between be-tween this country and Germany, his .native land, which he would fight for, replied he would fight for Germany; naturalization refused. Andrew Mat-son, Mat-son, Thomas Rylance and Patrick HsW-ley HsW-ley admitted to citizenship. wiliiam H, Kelly pleaded not- guilty to an assanlt with Intent to commit murder; bonds placed at $1000. Dan Brannan pleaded not guilty to an indictment for grand larceny, horse stealing. The bonds of Larry King, Indicted for obtaining money under false pretenses, were forfeited, as he failed to appear for arraignment. Larry King was indicted for -the above- charge on account of his gold brick, transactions with Banker Whitmore some eighteen months ago. The -grand r jury presented nine Inaicinfnnts anil Ignored the cases of Mads and Al Jerjensen, and also the case of the United States vs. Eliaa Thomas, Thursday-In the Cass Hite trial Colonel Montgomery complained that two witnesses for the prosecution had been allowed to depart; he objected, as he might want to question them. Mr. Zane s3id they were railroad men and had to go. Mr, M. Rhodes was in Green River the day the shooting; was at Mrs. Gammage's house when Kohler was killed; saw Hite come to the house; Kohler was standing in the door with his rifle; Mrs. Gammage asked Hite to go away; he described the shooting scene at length, and was cross-examined tediously. His version of the shooting was the same as Drake's substantially. C, H. Ballantine, Justice of the Peace, testified to holding the inquest over Kohler's body. There were nine cartridges cart-ridges in Kohler's Winohester. Wm. M. Xichols saw Hite on the evening of the shooting, Hite said he would "round Drake and Kohler up"; Drake asked me If Hite had said that, and I told him yes. Nichols also corroborated Drake in his account of the shooting. On cross-examination Xiehols said he swore before the Coroner's jury that he didn't hear the first shot, but he did hear it; he swore falsely then because he believed his life wonld be in danger If he told the truth. Joseph Gammage saw Kohler; heard the shooting and described it; picked np all the shells aud knew how the tragedy happened. Sirs. Gammage recalled: Was not present- when Koler was undressed; didn't take any cartridges out of his pocket. Prosecution rested. John P. Hite, for defense, told of the placer claims and interests in the Colorado; went to Grand Junction to meet his brother Cass on Cass's return from Denver, because of Kohler's threats; told Ca?s not to go to Green River, because Kohler would shoot. William M. Xichols told him of Cohler's threats; John C. Sommer also told of them. But he and Cass went to Green River. At the saloon Cass invited everybody to come np and drink, but Kohler held back. Cass said "Kohler, come up and take a drink, what |