Somerset herald. [volume] (Somerset, Pa.) 18??-????, 1889-06-04
The ROPEIN SIGHT.
Herman UmbsTgGT's Pocket
book in Court
FOUND IN THE HOUSE0F A. A. NICELY.
Identified by a Number
of Witnesses.
THE TELL-TALE MARKS.
PERRY UMBERGER sWEARs THAT
1T IS THE PoCKETBooK OF
HIS MURDERED BROTHER.
THE TELL-TALE MARKS.
CONSTABLE JOHN o. RAUcH on THE
STAND.

When Court commenced Monday
morning the crowd in attendance was
not 80 large as last week. During the af-
ternoon session the court room was COM
fortably filled. Mrs. Joseph Nicely sat
at the table Of the defense between her
husband and brother-in-law. She re-
manned there till the close of the after
noon session. Edward McCncken, of
Westmorel4nd county, was the first wit
ness called.
Edward McCracken-Livei in Fairfield
township, Westmoreland county; on 27tn
of February last was going on the pike
from Somerset county towards home ;
Lewis Beener was with me; struck the
pike at Hams Church and went from
there west on the other side of Burnt
Cabin met man and spoke TO him. bid
him time of day; he made no reply did
not recognize anyone near the road /;
came here after these men were arrested T;
came here on the 9th of March on sub
pena of Mr. Nicely; went to see the
prisoners; was not acquainted with him ;
David Nicely, as near as can tell, is the
man.
Cross-examiDation-Mr. McIivaine met
us with a carriage between three and
four miles at o'clock on this side of Lig-
onier and TOOK US part of the way home
met the man below where we were haul
ing logs from met no man in a buggy
did not say in Mr. CofFroth's Office that
neither me nor BeeneI knew who the
man was we passed on the mountain
but that he was man about the size oi
VIM. MeIlvaine, and had sandy nous
tache.
Re-direct-Mr. Nicely and Mr.. Nell
vafne talked TO me and offered INT
some whisky and asked me abou
meeting this man; told them that
met man; that was not positive as t.
Who he was told Mr.. Colroth in his of
fee that the man had a dark mustach'
OF kind of sandy one; then | went t.
the Jail and as soon as ] came back tolt
Kim it was the same man said this to Nj
COffroth his whole family was present
went there to get my pay; Mr.. NIGEL,
paid me; was subpened by John Raucl
for this case he came to where | wa
working on the farm couple Of week
before court ; met him here the day c
tie hearing; saw him once since th
hearing.
SAW THEN GOING Up THE MOUNTAIN.
Charles Naneer-Am % years old; liv
in Ligonier; know Dave and Josepl
Nicely ;on the 81 OF February was work
ing on the west side of Laurel Hill wa
saving timber, was at differaht distance
from the pike during the day; went ont
il in the evening; have known Josep
Nicely for twelve years; known Davi
Nicely for seven or eight years; say
them pass up the pike between and
O'Clock was in the neighborhood of II
feet from them; measured it with SUI
veyors chain; my son Lewis was Wit
me there was nobody else; they wer
coming up the mountain going east wa
down below the pike saving logs; wa
on my knees facing the pike; they wer
dressed the came way they usually wer
when they came 10 town could not tel
what kind of boots they had on; or wha
kind of pants when | saw them abou
opposite 10 me got up on my feet an
was going TO speak TO them, but the
hurried away and went up the mountain
one had on brown hat and the other
cap my son was about the same distanc
away the ground was working on wa
little lower down than the pike.
Cross examination Il was sawin
hemloek tree; was down o
my knees facing the pike; m
son Lewis had his back toward the pike
the log was lying up and down the hill
could not say whether Lewis was on hi
knees or not; 1l5 feet was the distanc
from where was toe or feet in th
pike; that part Of the pike is not lowe
than the edge; they were going very fasi
should say good fast walk it was no
steep hill from where / saw them t
the pike saw them at this end of Sand
Flat; the Sandy Flat is level when
first saw them they we're about two
thirds across the fiat think | can recog
nize any body that know $50 feet away
Left work about 6 O'Clock and went a
10 house .atl iop. of imountain; had OF
gum boots; Lewis had on gum boots