The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1890-02-12

While there's life there's hope. and unit
the faiefnl moment shall have arrived wher
the trap will be sprung and the two mer
now confined in the insecure old county jai
under sentence OF death viii be seen dan
Cling al the end ofsix feet Of henr. the hops
OF saving their unworthy necks will not b
abandoned, and no means known 10 the lav
will be left rntried by their counsel, relatives
and friends 10 save them from their awful
doom.
They were tried and convicted of the crime
Of murder. Their motion for new trial
vss heard aud refused. Sentence of death
was pronounced upon them. Their case was
appealed TO the Supreme Court, and the
judgment OF the trial court was affirmed.
They have only one chance left, and that is
to create such doubt VI their guilt in the
minds Of the members of the State Board OF
Pardons as will warrant that body in rec
onmending their pardon or Communication Of
their sentence from that of death to inpris-
onment for life.
ernor Beaver has no, yet named the day for
the execution OF these men, although he has
fixed the day for the hanging Of several 9TH
er murderers convicted at much more re-
cent date than were the Nicely's
They were sentenced, 6y Judge Baer. to
be taken to the jail from whence they came
and there be hanged by the neck until dead.
The /" Jail from whence they came VIII be
given into the hands Of the contractors, on
April Isl, who will tear il down preparatory
10 building the new Jail. Ii the Governor
further neglects bis duty and does not name
day prior to April ist The prisoners will be
removed into another county for safe keep
ing while the new jail is being built and the
execution cannot take place till the new
building is completed.
The Pardon Board have given notice that
they will not meet this month. and viii hold
their next meeting on the 18th Of March, at
which time, &C suppose, the application for
the pardon OF Joseph and David Nicely will
be argued before them.
With view Of going before the Pardon
Board on the 18th of the presen, month dep
ositions were taken in the interest of Joseph
and David Nicely, before Justice Gillian
Lint, at the Office Of Messrs Cotfroth & Rup-
pei on Wednesday and Thursday Of last
week
Messrs Coffroth, Ruppel and Koontz rep
resented the Nicely S while F. ]. Kooser Esq.
took care of the Commonwealths interests.
THE TESTIMONY.
The irst witness called was Frank kilien.
He was examined by Mr.. Koontz.
lie said he lived about two miles from
New Florence, in St Clair township. West
county. On the morning of March
is;. 1889 he went 10 the house of Mr.
George Barron, little over a mile from his
place, in the opposite direction from New
Florence He was on horseback. and star
led to go home about s O'Clock. As he came
out Of the lane leading TO Barrons house on
10 the road he saw man ahead of him
walking toward New Florence; the man was
walking very fast and looked back two or
.hree times. The witness caught up to the
nan and engaged him in conversation. He
said he was boss carpenter and had lot OF
men working for him in Johnstown and
ot in Pittsburgh and the storm there had
killed some Of his men. He was going to
iohnstown bnt could not wait for the pas
'enger train would take the first freight |
rain. He had a red face, and his beard was |
'hort and thin ard bis mustsche was
1rovn or sandy color He had On a mid |
ling dark colored coat, brown jeans pants |
hat we're faded and dirty. He wore a gray
,ap sticking close TO his head. He was COM
ng from the direction of the Laurel Hill |
Mountain that divides Somerset and West !
counties. The witness had been |
n the county Jail that morning and had had
he Deputy Sheriff point out Joe and Dave
Nicely TO him, neither of whom were the !
nan he saw ON the lst Of March The man
ne saw on that day was about feet 5 or 10 !
inches tall.