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

on the 9th Of February in the evening
between six and seven O'Clock he ate
his supper there l was at the supper Ia
BILE With him; he did not ssav long after
supper; know it was Wednesday night
from the fact that the boys we're arrested
On the Monday following and that there
was prayer meeting that evening at Zion
I Church.
Cross-examined-D did not at.end prayer
meeting and none Of the family attend
ed.
Hettie Nieely-Lise with my hither
san nay hretfer Joe on the 9th OF Feb
ruary it was in theeyening; e1naot tell
/ what time il MAS exactly, ha. j. WIS sHp-
/ per tune aud We had the candle III; be
took supper with rs and WIS there ten
or fifteen minutes after supper; fix the
date as Wednesday evening from the fact
that the boys were arrested on the Non
day follosing and thss there was prayer
meeting at Zion Church.
/ Crossexamined--W not at prayer
meeting that night nor we're any Of the
family; It was damp evening
John Barron-Live in Lgonier town
shir, aboas one fourth mile from Joe
Nicely's; saw Joe Nicely on the ssth Of
February he was in my shop in the
morning between 5 and Q oelork: Dave
Geeting. Joseph Barron and john Geet-
iug were there; fixed cant hook for
David 6feeiing Joe Nicely cime be-
tween s and O'Clock | was al prayer
M ting the night before at Zion Church.
rHe .RED-FAcED Nsx' TAKls THE SrAxD.
David Nicely-Live in Ligonier town
ship. about three miles from Ligonier,
and have a wife and three children have
lived in house where I nox reside two
years next fall; am p years old my
health was very poor all winter have
been suffering from dyspepsia and heart
disease have been under medical treat
ment for aboat six years have not been
in fit condition 10 work ali winter on
the 18th of February was helping John
kimmeil to saw wood on Monday Kim
nell asked me to help him On Tuesday !:
I told him could not 10 50, as I intend
ed to 20 10 Pittsburgh to see 4 doctor on
Tuesday WAS sick and not able t6 90 ;
on Wednesday vas home until
about o'clock. or maybe a little after
told my wife that would 20 over to Mr..
Barron's and ifI could getan opportu-
nifty would ride to Ligonier and see a
doctor there l did not get chance 70
DO 80, and returned home ssnething ar
ter o'clock iid not 20 shy place else
that daY fny sister Hattie came to the
honse in the evening probably nearly
o'clock saw Lewis Paint in the evening /;
went out to put the COWS ia the stable
and feed them, and on my way to the
house Mr. Paint came along the road, so-
ing east 4 spoke Is hin. BIZ fifn the time
Of day it was between ) and 9 O'Clock !;
next morning went to fathers; helped
him to measure some wheat it was
early in the morning, a little after day
light; TX the lay Of Wednesday from
the fact that on Monday I was helping
john EimlaeII and on Tuesday was
SICK, and il was on Thursday that /
helped my father measure the wheat,
and on "Wednesday evening there was
praysr-meeting at Zlon church / also
remember that Hattie asked nae If I was
going to a serenadiug party the next
night was arrested on Monday, the
4;h efMareh, following. Jno Rauch, Mr..
Shaffer, Mr. CaulIield and another man
were present at the time / Was arrested /
was not at Ligonier on "Wednesday I
was in Ligonier on the Saturday before
I was arrested my wife told me to
come out as some gentlemen wanted to
see me ; I went out 70 tie kitchen and
there were two or three rev1lsers drawn
on ne. john Blach told me 10 throw
up my hands and consider myself rlnder
arrest, they then proceeded 10 search
the house; as far as | know they got
pair OF gum boots, pair OF overslls,
cap, some handkerrhiefs. 4 pass book.
and perhaps some other articles that /
cannot remember they also took
poeket-knife from me was left in
charge Of Mr. Ciuiiield We We're hand
caffed together; the other men then
went over TO my brothers and arrested
him We we're then taken 10 the Nation
al Hotel a. Ligonier and remained there
over night was in the wIter-clo=,.t that
nigbti WAS in il probably for i've
minutes or more witness identities the
oyeFraatl the patches were placed on it
the Thursday evening Of the week be-
fore was arrested il was burned in
burning brush it ciught FIRE in the lin
ing and burned hole clear through my
wife put the patch on Thursday even
ing | had the overcoat on the day was
arrested witness was shown the over
ailsl, they look like the ones that belong
ed 70 me can not say positively that
they are the same have seen other
overalls just Ike them; Ithe witness
identified the boots and was then shown
the cspl; it looks like the one that I wore
but threw away about year ago Iihe
witness vas shown a red handkerchief;
said he had never owned one Ike it:
lwitness Vas then shown a reI hanaker-
chief with white dots in It'll: / had
handkerchief like that or may be that
same handkerchief: had it at the hear.
ing before Squire RaBch it was in my
hip-Pocket; at Lsughliagtown asked
Mr. Thomas IL he wOald take my pocket
book and hand il to Watson Menoher 70
give - my father or my wife; there was
one hundred dollars in money and some
receipts in It one twenty dollar bill and
the rest in fives and tens; had been saw
ing the money bad some Of it probably
for two yeafs got some Of II from George
Nicely, my father, aud male a portion Of (
it as a shoemaker there was a good many
standing around jnst handed 4. over
to him ard asked him to give it to Wat
son Menoher. The pocket book vas
then shoKn to witness 1t is not my
pocket book. WITNESS pointed on. the
manner in which he could tell BY the
mark and the way it was made.l nev-
er owned a pocket book like that; did /
not 50 up the mountain on February y; (
first heard Of the murder on THURSDAY