The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1889-08-21
THEY WILL swing.
B-E0S0 SHEDDETH 11N'S BLOOD
KAS SHzLK his BLOOD Be
SHED
IOSEPH AND DAVID NICELY
DOOMED TO DEATH
For the Brutal Murder Of
Herman Umberger.
MOTION FOR a NEW
TRIAL REFUSED.
THE DREAD SENTENCE
PRONOUNCED BY THE
COURT.
BOTH PRISONERS SHOW WON
DERFUL NERVE AND RECEIVE
THEIR SENTENCE WITHOUT
QUAILlNG.
The Little Man" Proclaims
His Innocence but the
Red faced Man Has
Nothing 10 Say.
AN ABLE OPINION BY
JUDGE EAER.
His Honor Reviews the Testimony Ad-
duced in Support Of the Motion, and
Answers All the Exceptions in
Mastery Manner.
The Prisoners will Appeal to the
Supreme Court, but the Univer-
sal Opinion is that their Appeal
will Avail chem Not.
TIE AGED FATHER AND YOUNGER BROTHER or
TIE CONDEMNED MEN CONE TO SOMERSET
As SooR As THsY HEAR The TERRIBLE
NEWS.

20. yez o, yez 0, yea All manner o
persons having anything To DO before the
Honorable, the Judges Of the Court OF Com
mon Pleas, Orphans Court, oyer and Ter
miner, and General Jeil Delivery, and Couri
Of Quarter Sessions here holden thisday. lei
them come forward and they shall be heard
God save the Commonwealth and the Hon.
orahle Court - called Court crier Kimmell,
as the minute hand on the Court House
clock pointed to the hour Of ten Monday
morning. This was the twenty-thiad and
last iime that the above proclamation lad
been made opening the court for the trial oi
the celebrated case which was now about to
be finally disposed Of
On the 9th day Of February last Herman
! UmoengeT, grsy-hai7ed. wealthy farmer,
was brutally numbered in his peaceful, rural
home, in the presence Of his aged wife, and
was robbed Of the accumulations OF life
/ time Of toll and labor
/ Just eight days after the foul murder was
4 Perpetrated Joseph and David Nicely were
arrested, accused Of the commission Of
crime.
/ They procured the best legal talent avail
able. and few days later were brought be
/ fore Judge Baer on a writ Of ha5eas eorp,,s.
The hearing resulted in their being remand
ed to Jail to await trial ai the hands Of jury
Of their countrymen.
Al the May term Of Court they we're IN
dicted by the Grand Jury, aud nine days
were consumed in their trial. which ended
in the jury finding them guilty or murder in
the FIST degree.
No case previously tried n the Somerset
County Courts created the same intense ex-
eitement and feeling, and no case was ever
more carefully, cautiously. intelligentiy and
imPartiaily tried by any Judge than wss
this. The ancient legal maxim that the
prisoner Is entitled 70 every doubt, was
strictly and eonscientigusly adhered to.
IN their counsel, Messrs. Coffroth Ruppel
and Koontz. the prisoners had legal cham
pions TO whom they might safely enirust
their cause with the full assurance that if a
careful. skilfall, ingenious, adroit manage
ment Of their side CT The case would bring
about an acquistal, they had nothing to fear
And right honestly dil the learned gentle
men show that the trust committed TO them
was not misplaced. They bave been indeEat-
igable in their IaborS from the time they first
took employment, and their clever manage
meni OF the case was all that could be desir-
ed bat they were rowing against the tide
from the outstsrt; they were fighting los
( ing cause and were bound to be vanquished
IN the end.
The other side, the Commonwealth. was
10 less ably represented. The talented gen
tlemen, Messrs. Biesecker, Kooser and
Cessna. web knew with whom they had to
deal They were always ready 10 meet the
keen. sharp thrusts Of their adversaries, and
in them the counsel for the defense found
"foemen worthy of their steel The two
former. from the day of the commission Of
the murder down TO the time the death sen
tenee was pronounced upon the murdererS,
believing implicitly as they did in the guilt
Of the prisoners. gave neither sleep to their
eyes nor slumber to their eye-lids till their
full duty was discharged ard tie onerous
responsibility resting upon them bad been
removed 10 other shoulders.
The latter gentleman. who hears the proud
name Of one Of the leading lawyers Of the
STATE. whose name Is. IN Somerset
county. household word, ani wherever
known Is honor-d and respected for his
learning and great legal ability. performed
his part with consnmmaie skill snl fairly
earned the catering eneomiums showered
Bpon him by judges. lawyers. and laymen,
in fact BY every one in attendance during
the trial.
Promptly upon the Jury announcing their
verdict, the defense filed formal motion for
new trial. Defeated. but not disheartened,
they set about in quest oftesiimouy and Tea-
sons thar wsuld warrant the Court IN setting
aside the finding Of the jury, and giving the
convicted men one more chance for their
lives.
A rule to take depositions was issued and
additional testimony wss taken before Es-
quire Graham, at Ligonier. on Saturday, Aa-
gus; l0ih. and before Esquire Hicks, At SOM
erset. on Saturday and Monday, August 10th
and I2jh On Tuesday, August 18th, spe-
cal argument court convened 10 hear the
argument Of counsel on the motion Tor q
new trial. Mr. Coifruth. Of counsel for de-
fense, consumed the entire morning session
in argument and citing authorities sustain
ing bis position. The prisoners appeared in
eourf comfortably and sprucely dressed, and
50 far as they showed any indication Of Goa
ceTP or fear. n stranger coming into the court
room would have had difficulty in selecting
them from the gentlemen who SAT at and
close by the counsel tahle During his ar
gument sMr. Coroffih referred feelingly to
Joes wife and children. and then, f5r the
first tine since his arrest, the iron Eerves OF
Joe Nicely gave way, and he evinced the
first sign Of emotion The tears followed
one another down bis paid cheeks. and his
chest heaved cOnsnisively. Quickly brush
ing the tears-sign ofweakness. be nc doubt
thouzhf-axay. be shook himself together
and once more assumed his vonted noncha-
liant air.
When court adjourned Tuesday evening
20 meet Wednesday morning. Mr. Kooser
had just finished one Of the most effective,
logical and comprehensive arguments made
throughout the Trial Of this far-farned case.
At 9 O'Clock Wednesday morning court
was once more opened and the first hour
was taken up BY Dissrict Attorney Bieseckez,
who was followed by Mr. Koontz. Theiat-
ter gentleman closed the case on part Of the