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

lh-iitN OF tue pfisJutfS- Nas tiit ulnt
witness called.
WEDNESDAY, MORNING sEssI0S.
Watson Menoher recalled hal the
Si0O in my possession about two days
Cross-examined- Showed the pocket
book to George Nicely.
George NiceIy-Liye in Ligonier: on
Tuesday March last, Watson Menoher
and went to Jennertown on the way
over we met Mr.. Thomas and some men
this side Of The mountain was present
when Thomas handed the pocket-book
to Menoher; saw 1t again the next morn
ing at the National Hotel in Ligonier
the poeket-book exhibited is not the one:
was pEeseut when Lewis Vaneer testified
before Judge Baer at the hearing: on our
way back went to the place where Va
neer had been cutting wood the place
where he claimed TO have seen the Nice
ly boys pass on the pike; two went
down TO the stump and the others stayed
up on the pike could only see a part
Of their bodies at the east end Of the
Fat could only see about one-thiri Of
mans body other places could only see
top Of their heads some places could not
see any part ola mans body; could not
recognize any one.
DISCRIMINATION q second cous-
in to the Nieely boys I saw the pock-
etbook handed to Nlenoher by William
Thomas; saw it again the next morn
ing at the National Hotel: there was no
money in il; there were some papers in
1t some tax receipts: DO not know what
was in it when it was handed to Memo
her as Idid not see it at that time went TO
examiue he ground mentioned by the
two VaLeers in their testimony what IS
called the Sandy Flats; there were four
or FIVE stumps do not know from what
stump it was from which the Vaneers
claim 10 have seen the Nicely BOYS pass
along the pike; the track was in the
middle Of the road in February Mac.
Nicely was along; he is half-cousiu of
mine and fun cousin Of the defendants;
also JAS. Barron, ne is a brother-in-law
Of the defendants William Thomas and
some others were with me Mac. Nicely
ard vent down % the stump to look
mp dill not have any instrument to
level 1t was iily-Gve steps from the
pike To the nearest stump; step pretty
long there was at least fifty feet Of an
elevation from the stump to the pike
cannot tell what day it was when We
went there It was about a month and a
half ago; I have helped 10 work Nd the
case I subprnaed some witnesses: was
over in Bedford county 70 see detec-
tive; did not % along with Ezra Nicely
10 MARKS house at night for the purpose
Of making someinvestigation went with
Watson Menoher or. Wednesday evening
after the Nicely boys were arrested.
Be-direct--I was acquainted with
Dave Nicely's pocketbosk before il was
handed to Watson Menoher: ! have
seen him have that pocketbook for the
last four or five years The witness
identified the papers exhibited in Court
a. being the ones that we're in the pock- I
etbook at the time he examined it AZ the I
National HoteIl Made examination Of I
the land at Sandy Flat when We we're
going home from the hearing before
Judge Baer the day after the hearing
We exgmined the stump nearest the I
ruad the pike IS about forty feet wide /
at that point Z
Cross-examined-I did not measure
the width of the pike.
Mrs. Ella Menoher. re-oalled-There .
was poeketbook handed to me by my
husband The witness WIS shown the (
pocketbook and said it was not the one.
I examined the pocketbOok when II was
handed 10 me; had seen my brother
Dawes pocketbook before; this is not
toe pocketbook.
Gross examined-I looked at the pock-
etbook when Mr. Menoher handed it 20
me, and also looked at il the next day.
Elizabeth NiceIy-Saw the pocketbook
that was brought 10 our house BY Wat
son Menoher. Witness was shown the
poeketbook exhibited in court and said
it was not the same one had seen
Dawes pocketbook before at different
times; It had receipts and a few other
papers in it; that is not the pocketbook
that gave 10 the officers.
Cross-examined-Mr Ranch and two
other men were there when I handed
the peeke,book to them when I gave
them the pocketbook did nos say that
had seen the pocketbook before: never
denied that there was a pOcketbook in
the house; I was in the kitchen when
they Cs.me in; Mr.. Nicely called me into
the roopl and said there were some men
there and they wanted to get Dawes
poeketbook I went up stairs and got it
and handed il to them.
Re-direc;-When handed the book 70
them one of them said they would take
it 20 Ligonier 10 show ii TO Nr. Thomas
and would then give it to Watson Men
cher to bring back.
Cross-examination-They did not say
that If it turned out to be David pocket
book they would return it.
a. A. Nicely, recalled was there
when the pocketbook Tas handed to the
officers think it was Dawes pocket
book. The Hifness was here shown the
Pockesbook exhibited in court and sAid
il wss MT Dawes poeketbook-l This is
not The pccketbook handed to the Of
iieers they promised to bring it back
said they wanted to show it to William