The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1890-09-10
DAVE AIcELTs CONFESSION.
He Proposes to Make it to
Sheriff McMiIlen Under Ger
tain Conditions.
Wanted it Published in Pamph-
let Form and Sold for His
Benefit.
a last Effort to be Made to Have
the Pardon Board Set Aside the
Judgment of the Court.

Encouraged no doubt, by the inexplicable
delay on the part Of His Excellency, Gov
ernor Beaver in naming day for the exc
cution of Joseph and David Nicely, convict
ed of the murder of Herman Umberger in
May, 1883, and resting under the sentence
of death for over 3 year, the relatives and
friends Of the condemned men have deter
mined TO make last desperate effort to save
their unworthy necks from the hangman's
moose by petitioning the State Board of Par
doas 10 grant them dnother hearing on their
application foE pardon, or Communication OF
sentence. The monthly meeting of the Par
don Board will be held at Harrisburg on
Tuesday of next week. To be used in sup
port Of their application for a rehearing,
depositions were taken by counsel for the
prisoners at Liaonier, Confluence and SOM
erset during the past ten days The only
evidence of any consequence bearing on the
case adduced at any Of these several hear
ings, in fact the only thing pointing direct
" to the guilt or innocence Of the convicted
men that has transpired since their trial,
saving, perhaps, their deadly assault upon
Deputy Sheriff MeMiIlen at the time they
made their reckless attempt to escape from
prison, was disclosed by Sheriff McMillen at
the hearing at Nj Kooser's office Friday
morning. We append the sheriif-s testimO-
rs in full, and leave our readers to draw
from It their own conclusions.
The aged father Of the murderers was in
constant attendance at the different hearings
and has been unceasing aud untiring in his
efforts to procure evidence Of the innocence
Of his inhuman sons, and TO save them from
their shameful fate
WHEN THE GUN BOOT WAS RALF soLED.
At the hearing before Esquire Griffith,
Dave Nicely's wife and her sister, Silvia Nc.
Kenzie, testified that Silvia went to Dawes
house about week after the 10th Of Janu-
ary, 1859 (the murder having accurred y
Feb J, and that Joe came to Dawes several
days aAer Silvia's arrival there, to have q
leather sole put on a gum boot and that
both these women saw Dave put on the boot
sole The 10Th January was fixed by the
birth Of child to Dawes wife on that day.
Joe himself testified on the trial that the one
sole was put on ten days before his arrest,
and counsel for the Commonwealth exhibit
ed the boot 10 the jury and claimed ii had
been worn little, If any. Dawes wife was
present al the trial but said nothing then
about the soling Of this boot.
Lsura McIlvaine testified that on Tuesday
Of court, just after dinner, at the Somerset
House, Ella Stern told her the tall man had
a red mustaehe and red hair, and the small
man was so well masked she could not see
what he looked like, and that she told Ella
they had black hair and black mustaches.
Her husband thought the conversation was
on Monday. Mrs. McIlSaine on cross-ex-
animation did not know that Ella Stern had
described the defendants before-at Esquire
Rauch's on the preliminary hearing, and
before Judge Baer on the haLeas corpus hear
ing. Her conversation with Ella was only
of 10 or Is minutes duration, and she had
never seen her before