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

band had not worn that cap for more
than a year, think il is MS or ore likeit.
the last time he had worn the oyeralls
was on Monday wheE he sawed wood
he took them of on Monday evening AZ
ter be came home and threw them into
the dirsy clothes.
DIDN'T suRN ANY PAPERS.
Cross-examised-I washed on Mon
day vas not my regular wash day
any day that suited me was my wash
day he bad the oyeralls on was the rea-
son they were not WASHED. know John
sheiron he Is a brother-in-law q Jo-
4ph's his wife owns the property we
live on he came there on Wednesday.
February 27th; saw bin in the yard
I didn't tell him that my husband had
gone down the Valley with Georre Nice
y to buy some timber. I would know
Hammer Cauiiieid if I wouid see him.
did not tell him the day of arrest that I
didn't know where David was from
Wednesday till Friday heard Of murder
Thursday evening was there when
Cauhieid bad David under arrest. I
threw something into the stove: it was
bunch Of rags and nothing else there
were n papers in il If there were pa
pers there Why didn't they get them
Dr. Brubaker-Am practiciug physi-
clan i've in Somerset; have been prac-
ticins s. years have been Attending
David Nicely since the Ilth Of March
found him suffering from heart disease.
The doctor produces a diagram of the
heart and explains the hearts functions
to the jury. From this disease bis gem
erai health has given away as it always
viii; the left wall Of bis chest has been
very much bulged out By the increased
action Of the heart the heart in health
Is usually the size.of a persons list the
wall Of the chest on she left side is bula, 3
out to twice the thickness u my hand
when he is IN a sitting posture his hesrt
beats - per minute.
What effect v0uldl violent exercise
have upon his heart was asked the
witness In reply he started in 10 de-
scribe several tests he had made. having
the prisoner run up and down slairs. etc.
Objected 10 BY Mr. Cessna.
l made a test Of his condition nv oh
Jet was tc test his capabilities for pl,vs-
ical exertion, his disease has certainly
existed for some length oftime it would
be impossible to say how long from the
appearance Of the walls Of his chest it
has existed for several years men with
heart disease can DO ordinary WORK as
we'll as other men it is running 0r f.st
walking that affects them.
Cr0ss examined.-I first saw David
Nicely on llth March /. DR.. Miller. Of LIZ
oEier, called and placed him under nv
professional care; he was then in the
lail; am not the regular Jail physiciau.
heart disease may come upon man With
a great deal Of saideuness. a per-oa
sikh heart disease witnesssnror
committing murier would probably bs
made worse by the mental excitement.
visited David Nicely two or three time,
rer week since 1 took charge OF him
VAS treating him Tor stomach troubi,
as well as for hear, trouhle; had eau
tione'i the patient as to his diet.
ks-iirect-It j. organic heart disease
and no; functional thar David Nicely i,
from; at no time that I ever
visited him did find his heart beat over
81
Counsel FOR defense ask that David
Nicely be allowed 70 exhibit his naked
chest 10 the jury. Objected to AMI over
ruled the prisoner, David Nicely retirez
to the library room with DR.. Bru-
baker and returns AMI exhibits his naked
chest to the jury
ClnstliSes Huston and scott called
sworn, and the jury given into their
sharge Juige Bier etations the Con
tables about speaking or allowing anv
'ne TO speak to any of the jurors and tells
hem 10 be especially careful that they
10 not get 10 see a Somerset paper
Court adjourned TIN I'D p. u.
AFTERNOON SESSION..
Court called PROMPTLY al halfpast I
'clock and David Nicely resumed his
eat On the witness stand.
In reply 10 question he ssil fhaf he
iad bis overcoat on al the hearing at
;qnire RaHch's.
Dennis Ayers-Wifness took the sfard
gi;h large map ia his hand sl.ouine
.ouutry along the pike fr5m Umbefeels
o Lisionier and from there 10 the Siee-
rs home showing locatis of different
pads, etc said he bad no per-ersl
,nowle'ige q the conntry but had made
naps from ALIASES and from wha- per-
ioas from that section told him .a'd
here were no distances market on the
nap
Commonwealth counsel objected 20
Of the msp and the witness
sas withdraw for the present.
Albert G. Brsnhizer-Iive ID Lironier.
aw Charles Yaneer the Saturday afer
be muuier be tsld me Re anil Lou were
utting timber on "Sana aat- and saw
30 men pass up the mountain that iaV.
aid he could oniy see the tops ogtheir
eads and could not recognize them from
'here they were, but shough; they
IooEED LfKn rirz arrrzn BOYS.
James Richar,lson-Livs in Liyonfer
nov Lou Vaneeri after the report oftb@
mbeTger murder; asked hiia ifit was
rue that Ae hsd seen txo men pass Cd
fountain that day he saii be mad. bsr
ias 50 f4r down he could only see their
eads and shoulders.
Cfoss-examined-L0u vas 4 or ; rods
say when was talking to his sEfher.I
on i know where they had been work
= the day before took 10 measures
: levels; I didn't @ to the stump they
a. been surveying the day beiore % 80
I cusld recoZnize anyone on the pike
on shere-