Somerset herald. [volume] (Somerset, Pa.) 18??-????, 1889-06-04

came down 10 NOfk tue next Hiofh'"6
did not meet anybody remember john
Koontz coming down when ] was at
work think we went up TO the noun
tains on Tuesday; generally go home
over Sunday when we are working up
there; John Koontz came between ll;3O
and IL o'clock; did not ask me if | saw
men going up the mountain told OF The
Umbcrger murder; that WIS the first
knew of IL; know Alfred c. Breniser, of
Lieonier; do not recollect seeing him on
Sunday affe. the murder but probably did
never said to him or anyone else that !
saw two men passing up the pike, and
that could only see little more than
their hands and they looked like the
Utter boys; know John Asken; remem-
Der seeing him Sunday after murder ;
told him | saw a couple of parties going
up the mountain might have said that
one favored Hoffman and enc favored
John Koontz; know Chas. G. Menoher
do not know whether l saw him on the
,lay Hamilton was arrested and told him
that saw two men going up mountain
between four and five O'Clock have no
recollection of talking with him; know
Chas McCracken; he was my driver
was there that day hauling out logs; be
started with load about four o'clock or
a quarter after; may have said to him
that saw two men going up the mount
ain but did not know who they were ;
went across to Jenner the morning after
the murder went to Umberger's house ;
saw Adam Friedline; man by the name
of Horner and Mamie Horner was there
for dinner, Monday know Watson Men
oher; saw him that night at National
Hotel, Ligonier, after | got back; | told
him that Lewis and | had just came
from Umberger's; did not say that | had
given a description of Joe and Dave
Nicely to the Umberger's; did not say it
was through me that they were arrested (;
do not know that anything was said in
the presence Of John McCracken; ! was
only there for about five minutes.
Re-direct-It was about two miles
from county line of Somerset county in
Westmoreland county where | was at
work John Koontz came down between
II and ~ o'clock asked if had seen
any men go down ahead of him said |
had seen somebody about half an hour
ahead of him he then told me that old
man Umberger had been murdered the
night before and that he must go as he
wanted to catch the man ahead of him
before he got TO the gate went over to
Umberger's Monday morning the Nice
Is boys were arrested the afternoon of
that day; they had them at Ligonier
when came back.
SAW THEM on SANDY FLAT.
Lewis Vaneer-Live in Ligonier; am
son Of the man who just left the stand,
on the 9th Of February was on the west
side of the mountain saving timber; il
is Just below what is called Sandy Flat
saw two men going towards Somerset
county they were walking; was about
80 yards or III feet from where they
passed; McCracken had gone with 8
load nobody was there except my faith
er and myself; saw two men pass on tht
Sandy Flat pretty well to this end; an
acquainted with the two Nicely boys
have known them six or eight years
maybe longer; recognized the men tina
passed as Dave and Joe Nicely; hay'
known them long enough TO know then
al that distance, and was close enough tt
them to be positive Joe had on ahat an'
Dave had on cap when they passe'
US; could not describe the clothing
they had on; saw them from abou
the waist up; my father was on his knee
facing the pike and was OF my knee
with my back 10 The pike father rose NJ
and | got up and turned around facinl
the pike and saw the men pass did no
speak to them; don't know whethe
they saw us or not Witness was showl
hat and cap; said he could not say posi-
lively that they were the same as thos
worn by the two men, but they looke'
like them.l
Cross s-examination-The Hill up to tn
pike was a little steep; could ride hors
up it: did not ride horse upit but hav'
ridden horseback up other hills tina
were Just as steep; was saving hem
lock log il was crosscut saw saw tn
men at this end of Sandy Flat they wer
walking very fast up the mountain saw
them going along 400 or 500 yards; they
were G or feet from the side of the pike
they were going along the wagon track
would call it three-fourths Of a mile from
the Burnt Cabin; one half mile from tn
toll gate from the toll gate to Lsughlins
town about one and one-half miles from
Sandy Flat to top of mountain about tw'
miles from top of mountain TO Jenner
town would say about four miles; don
know vino all | told that ] had seei
two men passing up the mountain; can
not tell who was the first man tol'
it was the Nicely boys told it before tn
hearing before Judge Baer did not sa.
Il. \ --.-.<... L. tl.ot q raf fel.1 - ON H.