The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1890-05-07
Their Last Hope Gone
The Nicely Brothers Musttiang.
The State Board Of Pardons Refus-
es to Commute Their Sentence

When il became known on the streets
Saturday evening that the State Board OF
farsoas, at a special session Of that body
held the preceding day, had refused the ap-
plication Of David and Joseph Nicely. con-
Ficted mnrderers. for . commutstion OF
death sentence, a smile Of approval and sat
isfaction spread over the cOunfenances Of all
our citizens excepting a very few.
The Efforts put forth to save the necks Of
these two miserable men have been 30
numerous and persistent that public interest
in their case has never been permitted TO
lag for day. and everybody hes been kept
on the alert 10 learn the next move that
would be made in their behalf AL endeay-
or 10 create sympathy in. their favor among
the sturdy citizens OF this county have 80
far proven futile and we doubt whether
criminal annals can prodnce similar case
where public sentiment has been 50 uniyer-
sally one-sided. Since the hour the jury in
the case rendered their verdict the writer
has heand but one expression Of belief in
the innocence of the convicted men, and that
came from one Of the counsel employed in
their interest, nor can persons who have
I followed up this now famous trial conceive
how the shadow Of doubt as TO their guilt
can lodge in the mind of any intelligent
man or woman who heard the testimony or
subsequently read il in the columns Of the
HERALD.
Not withsisnding the preponderenee Of
evidence addnced al the trial sgains, the
prisoners. the testimony of any two orthree
witnesses of which might be eliminated
from The record and still enough remains TO
demand a conviction. nothing has been or
will be left undone TO prevent the sentence
Of the law from being carried into effect
The conduct ofihe Nicely boys, since their
conviction, has not been of such character
as to create an impression of their innocence
but has on the contrary gone far towards
imp7essing their guilt and desperate char
acter on the citizens Of the coanty. II is
difiicult naite' for a peaoeAnle and law fear
ing people, 20 believe that innocent men con-
demned 10 suffer death on the gallows
would make cosardly assault on the life
Of their keeper. Another incident that points
towards the guilt Of the Nicely boys. and /
which has never before been given 10 the /
public. occurred in the old jail just beiore the /
prisoners were removed TO Indiana
Day-watehman Keifer. was engaged in
cleaning bis revolver in the main corrider Of /
the Jail and was seated before table in full /
view Of ice Nioely's cell
What kind OF revolver IS that you are {
cleaning. VIII inquired Joe Nicely
a Harrington & Richardson" was the I
watchman's reply.
by G. that's my pistol" said Joe, Il /
paid SIS, for it,
This confession, in an unguarded moment, I
OF ownership OF the revolver, can only be 4
regarded as further evidence Of guilt Il 4
viii be remembered tha; on the trial of the /
case il was maintained tha; Herman Um-
berger met his death by shot fired from
centre-fire revolver. 1t was proven that Joe
Nicely had owned revolver Of that manu-
faciure, and number Of cartridges used in
reyolyers Of that description were found in
his heuse. The revolver in the possession 4
Of the watchman. TO which Joe Nicely claim
ei ownership is one OF the four found in the
county Jail the day oftheir attempted escape,
and is of Harrington & Richardson's manu-
factnre
The Board Of Pardons is composed offour
members, three Of whom are eminent
lawyers, and while their action was eagerly
awaited by the people of this county. there
was never sny doubt expressed ss to the re-
suit Of their deliberations II will require
but one more chapter to complete this hor-
ri5le tragedy and that can only be written
after General Beaver, he. set the day for
the execution Of the condemned men and the
sheriff Of the county has carried the sentence
of the law into effect.
Anthony A. Nicely, the venerable father
of the prisoners arrived in Somerset short
~ after noon Saturday, and held q consulta-
ton with theattorneys for his boys He
lefi for Ligonier, about four clock the same
day. Before leaving he said that he would
90 to Harrisburg Sunday.