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

dav. he had tine oVerliia on vas we Ica-
4en they we're pot washel know John
sheiron Dr. is hrother.iu-law OF Je-
sepi's: his wife owns the property we
live on: he came there on Weiueslay.
February 27th saw bin in .he yard !;
didn't tell him that my husband had
gone down the valley With George Nice
IN to buy some timber; world know
Hammer Caufheld If I would see him
did not tell him The day Of arrest thai l
didn't know where David was from
Wednesday tn Friday heard Of murder
Z Thursday evening was there when
CauEield had David under arrest
threw something into the stove It Tas
bunch Of rags and nothing else; there
were 10 papers in il; if there we're pa
/ pers there Why didn't they get them
DIR. Brubaker-Am a praeticing physi-
clan live in Somerset have been prac-
ticing IS years have been attending
David Nicely since the nth 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 his gen
eral health has given away as it always
will: the left wall Of his chest has been
very much bulged out by the increased
action of the heart the heart in health
is usually the size.of persons fist the
wall of the chest on the left side Is bulged
out to twice the thickness IF my hand ;
when he is in a sitting posture his heart
beats 81 per minute.
What effect would violent exercise
have upon his heart was asked the
witness. In reply he started in to de-
scribe several tests ne had made, having
the prisoner run up and down stairs, etc.
objected to by Mr. Cessna
Imade test Of his condition; my OBJ
ject was to test his capabilities for phys
zeal exertion; his disease has certainly
existed for some length of time 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
well as other men; it is running or fast
walking that affects them.
Cross examined.-I first saw David
Nicely on / lth March DR.. Miller, Of Lig-
onier, called and placed him under my
professional care; he was then in the
jail am not the regular Jail physician;
heart disease may come upon man with
a great deal of suddenness; a person
effected with heart disease witnessing or
committing murder would probably be
made worse by the mental excitement.
visited David Nicely twoor three times
per week since 1 took charge Of him /;
was treating him for stomach trouble
as well as for heart trouble I had eau
toned the patient as TO his diet.
R.-direct-It is organic heart disease
and not functional that David Nicely is
suffering from; at no time that ever
visited him did find his heart beat over
81.
Counsel for defense ask that David
Nicely be allowed to exhibit his naked
chest to the jury Objected to and over
ruled the prisoner, David Nicely retires
to the library room with DIR. Bru-
baker and returns and exhibits his naked
chest to the jury
Constables Huston and Scott called,
sworn, and the jury given into their
charge; Judge Baer cautions the Con-
stables about speaking or allowing any
one TO speak to any of the jurors and tells
them to be especially careful that they
10 not get to see a Somerset paper.
Court adjourned till l:30 p. IN.
AFTERNOON SESSION.
Court called promptly at half-past
O'Clock and David Nicely resumed his
seat on the witness stand.
In reply to a question he said that he
had his oyercoat on at the hearing at
Squire Rauchs.
Dennis Myers-Witness took the stand
with a large map in his hand showing
country along the pike from Umberger's
to Ligionier and from there to the Nice
ly's home showing location Of different
roads, etc. said he had no personal
knowledge of the country but had made
maps from ALIASES and from what per-
sons from that section told him; said
there were no distances marked on the
map.
Commonwealth's counsel objected to
admission Of the map and the witness
was withdrawn for the present
Albert c. Brenhizer-Live in Lgonier:
saw Charles .Vaneer the Saturday afler
the murder he told me he and Lou were
cutting timber on sand fiat and saw
two men pass up the mountain that day
said he could only see the tops of their
heads and could not recognize them from
where they were, but thought they
LOOKED LIKE THE RUTrER BOYS.
James Richardson-Live in Ligonier
know Lou Naneer; after the report ofthe
I'm berger murder; asked him if it was
| true that he had seen two men mass nm