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

soMERET Pa. WEDNESDAY. JUNE II. 1880


since he was boy was not arrested for
stealing sheep; the case was compromised
BY paying for it I got the money from Joe
Nicely saw Joe Nicely on THURSDAY, bat
did not say anything TO ham about the muir
der as had not heard Of il at the time
Re direct-Learned Of the murder on
Thursday about 5 O'Clock in the afternoon
heard Of Il from Ansbony Nicely, it was
several days afler the arrest; xheu old SEr.
Nicely tola me not 70 leil anything about il
as il vas nobody's business
Tuesday AFrERxooS SESSION.
John Koontz-Lise in Westmorelansi
county, not one-foarth Of a mile from Jo-
seph Nicely; was bonle 27th February lost
all day have known Joseph Nicely for
Y years; saw a man that day that took
for Joseph Nicely couldn't say what
time Of day it was judge it was about
the middle Of the afternoon he was go-
ing towards home; the way I tx that it
was the 27th ii was Wednesday, our
prayer meeting evening at the Zion
church was at prayer-meeting; l
know Charles yaneer-
Cross s-exainined lived ne ar the
Nieely's7 or 5 years am a carpenter
by trade; live between Marks and Joe
Nicelys; couldn't tell whether saw Joe
OF. 10Th, 20th, or 18th; don't know that
there was prayer-nieeting on the 18th or
2oth I WAS in my yard when saw him
took il to be Joe Nicely it was a short
one-fourth offs mile to his home don't
reeollect Of having any conversation with
Joseph Deeds the day the Nice.y's we're
arrested wasn't at the consultation at
old man Nicely's house two weeks from
yesterdsr.
Dr. John Ascom-Live in Ligonier
am a dentist know Charles yaneer on
sunday before the boys. were arrested We
we're standing on the corner at the Ligo-
nier House; he said he saw a couple per-
sons 20 up the mountain; he said one
favored Hoffman I said TO him, was the
other Joe Koontz he said, since / come
to think Of it. he looked more ike John
KoontE be had swinging walk.
David 4. Geeting and asked
to retire for the present.
Lorenzo Nlcely-I live in Ligon;er
township, WestmoreIand county am 4
son OF Joseph Nicely am = years old ;
was at school on 9Th Of February last T;
came home between 1 and ; O'Clock saw
my father halt hour or more after /
came he was in the barn feeding the
cattle; was shelling corn for the chick
ems / went up 10 the house and he came
up and said be was going to grandpa's /;
this was o'clock or after he went to
grandpa's / went TO prayer-meeting at
Zion church think I stopped al
the house Of John koontz saw
him at prayer meeting it was twenty
minutes past nine when | got home /;
father was in bed talked 10 him; the
light was burning and he told me 60
Atpn a. HdA h4AeN ~ NGS ~ tltASrtiAf
because We have prayer meeting every
Wednesday night know 1t WAS the eth
Of February because It was the week be-
fore father was arrested saw father next
morning ate breakfast with him; sup
pose it was between 6snd O'Clock have
seen father wear brown hat that shown
his hat vas about the oolor OF this one !;
the wire wasn't ont Of his; AMI / doat
think that piece pointing to piece out
Of RIM was out Of his.
Cross-examined-- Was x in April
left my books in the house ani went ont
to the barn had Just got there a couple
Of minutes when father came in he fed
seven or eight head Of cattle; be came to
the house /; I couldn't tell how long he
WIS in the barn It was 6 or a little after
when he came ia the house he didn't
eat when we lid he said he Vas going
to grandiAthes; | didn't 70 in b ask
father about my staying with Ferry
heard Of the murder Friday at school
father was arrested on Monday; nobody
told me that fasher had gone over TO
grandpap's ior supper
Harriet Nicely-I am the wife Of Jo-
seph Nicely one Of the defendants; was
at home on the 9TH Of February last;
Mr. Gilbert Ross brought US locd of
coal that day my husband helped him
put the coal away he was at home till
between , and I O'Clock; when he
lefi he said he was goiugto Aaron Marks;
he was gone two hours and a-half, may
be three hours; il was after ) o'clock
when be came home; he went to the
barn and did the feeding when he came
into the house he said he was going over
70 his fathers; it was after O'Clock
when he started for bis fathers il was
about O'Clock when he came back; we
talked fsr a little while and then went
70 bed it was not later than half past
when We went TO bed L98enzo came
home after We had been in bed about
Of an hour; / heard the
conversation between him and my hus-
band; my husband was at home the
next morning: we had breakfast between
: and O'Clock: he lea home about
O'Clock.
THE brown derby hat was then shown
to the witness.l Did your husband have
a hat ike this2 he had hat the color
Of this one; / don't think this is his hat;
it isn't the same as when it left our
house the wire in the rim Of my hus-
bands hat had broken and [ stitched
the ends together it had no such piece
oct Of the rim hung it up after he
was arrested
THE dark lantern WAS shown the
Ny husband used lantern in the fall to
ent a bee tree il was setting on the top
Of the eupboNrd, snd was covered with
dust when Ambrose took il down he
brushed the dust of, know my hus-
band had pistol he talked Of lending
il to his father, who got it after we had
| never took any notice Of the
pistols the second time they came to
search they got his oSercoat. overaIls,
and gum boots they got the hat Mon
day night. ard got the other things Wed
nesday Monday night Mr.. Ranch came
back te the house aud got the bat
heard him tell my son his fathers hat
bad fallen out in the mud. and had been