The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1889-06-12

Cross-examination-T dinner on
Wednesday, February 9th, at = o'clock /;
Ross came with the coal before We had
finished dinner lie stopped below the
barn and threw part Of the load of; am
sure that Mr. Ambrose got the lantern
off the cupboard never told John
Rauch that my husband was not at
home on that afternoon and until late at
night; it is not the same hat that they
took away il was not taken away at
the time they took my husband Ranch
came back after the hat: It was hanging
III the kitchen on a nail above the wool
box there was no piece out Of tie ha.
when it was taken away and there was
wire in the rim; it looks rougher than
the one worn by my husband there
were three men there VIXEN my husband
was arrested John Rauch and two men
whose names don't know.
David A. Geeting-Liye in Li-ouier
about one-fourth mile from Joseph Nice
ly: am . years old have known J J1e
Nicely y or II years; saw him on the
9th Of February saw him between his
place and Anthony Nicely's, his father
met him near the church the church is
about one-fourth mile from Joe
Nieely's house: he was going towards
his fathers house; it was between
6 and o'clock in the evening /;
had few minutes conversation
with him had been working al the
saw-mill about one and quarter miles
from that place; he was going up the
road towards his fathers house it was
between six and seven o'clock had
few minutes conversation with him; be
was dressed in his ordinary clothes;
brought my cant-hook home that eve
ming to get it fixed took the cant-hook
the next morning to the blacksmith
shop about o'clock Joe Nicely came
there somewhere between and 5
o'clock Joel Banon and John Geeting
were there Joe Nicely stayed for about
an hour or more; learned Of the murder
Friday evening or Saturday the arrests
were made on the following Monday
Cross-examired- Have known the
Nicely boys for p or IA years have
worked With both Of them at jobs of
different kinds. Witness was asked
# he was not arrested for robbery
with David Nicely in the Iigonier Val
ley. Objected to by the defense and
the objection sustained By the Court
Il was a mileand a quarter from the mill
where J worked until met Joe Nicely
had worked ten hours and one-half
that day the place where I met him
was between a quarter 70 half mile
from Joe Nieely's saw the Nicely boys
an Monday after they were arrested do
not remember seeing them on Saturday
do not recollect seeing them on Friday
saw Joe Nicely often cannot fix any
particular time when | saw him ex-
eept on this particular day Wednesday
night, February 9th; know David
Brant think I saw him the day aaer
the arrest and had some conversation
with him; do not remember saving I
could not clear Joe Nicely because I did
not remember what night I had seen
him; was at the meeting Of the Wit
nesses at Anthony Njcely's two weeks
ago.
Redirect After the arrest told Mr.
Brant that / was not sure # the date,
but afterwards fixed the date as the 27ih
Of February by the fae, Of my takingmy
cant-hook home that night 10 get il
fixed.
Mrs Elizabeth Nicely-Am wife Of
Anthony Nicely am % years old and
mother Of the two defendants dii not
see Dave on the 9th of February saw
Joe that evening at our house; 10 not
know exactly what time it was Is was
between SIX ami seven O'Clock Mrs.
Menoher, my daughter IIettie, nay grand
son, and Mr. Nicely we're present; he
came in Just as we wereabout 70 take
supper asked him To take supper With
Us and ne did - be left son after sup
per; I fixed the date as February 27th
By the fact that the boys we're arrested
on the following Monday, also that there
was prayer meeting at the Zion Church
that night the church Is about one
half mile from our house direct, but
abous one mile by the road DO not
know whether l saw joe the next day or
not do not rememDer seeing Dave on
February q saw Dave next morning
saw him at the harm at our house help
ing to load hay Mr.. Nicely got a pistol
from Joe sometime about the holidays;
somewhere about the first Of January
can not tell exactly.
Cross examined The fact that It was
Wednesday evening and the night ofthe
prayer meeting at the church when Joe
took bis supper al my house came
into my mind after the boys were arres-
ted can not say how often had seen
Joe that week or the week before he or
ten came ever for supper
Anthony Nioely-Liye in Ligonier
township am six,y-two years old and
have lived there an my life and am the
father Of the two defendants my SCR
David lived half mile from home and
Joe about half mile further; Dave has
wife and three children; and Joe has
wife and seven children; do not re-
member seeing Dave on the 9th Of
February saw Joe on that day at my
house in the evening can'ttelI what time I.
exactly; it was between and ! O'Clock {
was in the barn doing my feeding and {
when came in the house he was there;
ne took supper with Us ne did not stay
very long but went away soon after sup
per; fix the date by my hauling wheat /
and the fact that the two boys were ar
rested on the Monday after: I heard Of /
the murder on the Ffilay following saw (
Dave on THURSDAY he came over 20 nav /
house to help load wheat, it was early in I
the morning just little after daylight; I
Joe bought two pistols last fail at Green's
burg and gave me one bat it was no
good he gave me the other one, I /
think about the iirst Of January saw Joe /
on Monday can not say whether / saw
him on Tuesday; he helped me on
Thursday, Friday and saturday did not
haul any wheat o,, XFeipesslar