The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1890-09-10

on Sunday evening June Sth, man came 70
his house. about dusk and asked TO be sworn
to paper. The Justice told him It wasSur-
day and not day to administer oaths and
that he should stay with hinf over night
Tbs stranger declined this hospitable invita-
ton ard insisted upon the oath being adj
minisfeTed He produced the paper with
his signature attached and the Justice swore
him 10 the truthfuiness OF its contents. For
this the stranger offered to pay and pulled
OUT large pocket book filed with bank
notes from which he extracted i've dollar
bill. The Justice could not make the proper
change and the stranger then handed him
silver quarter. He then asked Mr.. King to
keep the paper for him Till morning and
took his departure The justice had never
seen The man before. and described him as
being man of about fifty years Of age and
weighing from 175 to $50 pounds. In fact
he thought be bore strong resemblance
TO the man whose photograph had
been produced by one Of the
witnesses whose deposition was taken at Con-
tiuence After dinner Monday the Justice
concluded to examine the mysterious package
left with him on The preceding evening he
opened ii and found tha. it contained note
asking that il should be sent TO the Nicely's.
He mailed il TO General Coffroth. The paper
was produced and was the ridiculous alleged
confession ofBeech published in the HERALD
some weeks since
On eross-exsmination Justice King said
that he lived near the Fayette county line,
about I2 miles from Mill Run and that he
was acquainted with VIM Burkholder,
james Mountain and Joseph Mountain, but
had not seen any Of them recently. His
family consisted of his wife, a son aged Is, q
daughter aged l. and another daughter aged
IL, but all Of them denied having seen bis
mysterious visitor that Sunday evening,
nor did any CT the many neighboTs living
along the various roads leading through thai
section ever sneak of having seen this strange,
conscience-strieken, seIf-accused criminal
DAVE NICELY OFFERS TO REVEAL ALL BE
KNOWS, 'rF ASYTHISG2p
The only deposition taken OF part OF the
Commonwealth was Sheriff MeMilian's, in
which he declares Dave Nicelys offer to
make confession upon certain conditions.
The deposition was taken before Justice
Lint Friday morning,
K. s. McAiiilen. sworn--Examined by Mr..
K0oser / am Sheriff Of Somerset county,
and have been since frst Monday Of Janua-
~, 1855 had Joseph and David Nicely, con-
yicted of the murder Of Herman Umberger,
in my custody in the summer of 1850; on
the 10th of September ! took a woman to
Dixmont returned home at noon on the
18th VI. Z. AcMislen was my deputy at
that time when | came home found him
in bed in a very critical condition, suffering
from gunshOt wounds couldn't say wheth-
er there were one or two wounds learned
from Joseph and David Nicely. who inaict-
ed the wounds Joe told me be did the
shooting, but that it was unintentional that
the revolver was discharged in the seattle
they had in the hall be said il occurred in
the hall in the dwelling, outside Of the jail.
Q. Did David Nicely send for you after this,
and how soon after this occurred2 A. Yes,
STR, David Nicely sent for me, bat don't re-
member how soon ; they were confined in
separate cells a. the time David sent for me
previous TO that they were together went
to David NiceIy's cell when sent for; there
was no one else in the cell when went in
he said l have q paper or instrument Of
writing here ] want to show 10 you, and
handed me the paper | read il, and banded
il back 70 him never saw il afterwards ; |
asked him about it once afterward in the
presence of General Koontz he said he had
destroyed it; have never seen it since, and
don't know where it is: q State what the
contents of that paper were
OBJECTED to. because there is not sufficient
evidence of the loss of the paper to warrant
parole testimony as to its contents, ard no
notice having been served on2 Tie defendant
or his counsel TO produce the rsper.1
A. can give the substance of the paper
but not the wording Of it; 1t was written on
o half-sheet of fools cap paper, and filed it
up be wrote a coarse hand I wrote a copy
of it short time after and mislaid it, but
have everything clear in nay mind so far as
the substance IS concerned have written
ont another statement ofthe substance since
have been subpnnaed, in pencil, which
have here. Q. How did the paper start A.
II was directed to r. S. MeAIilIen, Sheriff of
Somerset County, Pa; 1t began, do here
By agree that will tell all know concern
ing the Umberger murder, tifanythingl on
certain conditions hereinafter 10 be named !:
MAKES KNowS HIS CONDITIONS.
Fist, That you will use your best efforts
to have me pardoned, or sentence com nuted
to Imprisonment for life.
Second, That if any Of my friends should
be implicated, that you viii use every effort
to protect them.
Third, That will write all know con-
cerning the Umberger murder (if anythingl
to be published in pamphlet form for my
benefit.
Fourth, I will not agree TO any of the
above without first having a consultation
with my father aud mother.
ISignedl DAVID NICELY.
The portion / recoliect as being his exact
words is from the beginning down TO the
word anything then the conditions came in
Afterwards, and am satisfied in my own
mind that have given the substance Of
them. This paper was shown me week or
80 after the 18th Of fSeptember, 1889.
Cross-examined by Gen. Coffroth = This
paper that I have here now was written
within the last few days Dave did not say
that he would not make any statement un-
til after he was pardoned he may have been
worried at that time, but seemed to be very
calm he said that he regretted the attempt
to escape, and opposed ii from the very start /;
| did not tell him that he had better make
revelation of what he knew Of the murder I;
don't know that AIRY persons went into the
jail for the purpose of entrapping him into
making any declarations | don't know
of DR.. Tannehili being in.
THE LAST SPARK or HOPE.
Re.direcf.-Q. Did David Nicely send for
you at later period2 A. Yes, sir, he did !;
shortly before their case was argued in ibe
Supreme Court, or before the Pardon Board,
am not positive which. 1t was on Sunday
evening. Q. What did heask yon theng A.
He said he was informed that | was going to
make an affidavit concerning theinstrument
of writing he had shown me. told him
that was not correct that had not been
subpee naed to make an affidavit. Q What