The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1890-03-26
4 Jurors Tale of Woe.
Before tho Pardon Board.

Before tho Pardon Board.
The case Of David and Joseph Nicely. the
condemned mufdertrs Of Herman Cmber-
ger, was hefore the Board OF Pardons last
Tuesdlay- The prisoners wese represented
oy 4. H. CofIrosh and W IL Kooniz, E-q.,
OF Somerset, and Lyman L. Gilbert, one of
the most prominent lawyers Of the Daapllin
eouety bar. while the ccmmonweaith's in
'erests were guarded By r. J. kooser, Esq,
and 8 Cncie John Cessna.
Counsel for the applicants for executive
clenency filed iarge number Of letters and
petitions asking for either The pardon 6 the
mnrderers or the Communication Of their
death penalty 70 Imprisonment for lie.
They claimed that they were after evidence
which, IL they had time and power to secure
would enable them to contradict essential
testimony given By Commonwealth wit
nesses and they. therefore, asked for con-
iinuanee Of the case and a modification OF
one Of the rules OF the board 50 as 10 allow
the taking Of deposiiions outside Somerset
county
pssArrsFAcToRY EVIDENCE
Mr.. Gilbert considered the papers and let
ters submitted to the board 50 unsatisfactory
/ in the absence Of the evidence desired. that.
under similar circumstances. if the case were
on triai he would be obliged TO Withdraw
from it. The counsel for the prisoners sta
ted that the testimony Of three persons
whose dispositions they wanted would bear
on the case directly, and that Of 90 others
would buck up William H. shaulis, who
bad made an important statement in the in
tsrest Of the Nicely brothers, but whose rep
atafion had been sssaiIel by number of
people who had known him several years
before the trial
Secretary Stone thought il was but justice
TO give the commemorative counsel the
names Of the witnesses whose dispositions
were desired. After some parleying the
names we're announced, and the character Of
their statements was fJreshsdowed. Con-
cerning one Of them, who is alleged to have
remarked that the officer who arrested the
murderers told him that he had manufact-
urel some OF the evidence which resulted
in the conviction OF the Nicely brothers,
Mr. KOoser intirnated that there was animus
ia this statement, inasmuch as the officer
had one time arrested the man FOX horse
stealing
John Cessna. after bearing what was in
tended 20 be proved. said the Common
wealth considered the proposed testimony as
wholly :mmaterial, as it would not alter the
status OF the ease.
LITTLE MORE TINE.
The board. in view of the fact that two
lives were at stake, agreed 10 give the coun-
sci for the prisoners until the next meeting
Of the beard to procure their new testimony.
Among the letters submitted was one from
J. ". Beck, one of the jurors who convic-
ted the murderers to Genera! Kooniz. TO
whom he wrote that there was much in the
case with which he was not satisfied, and
the venlict had given him much uneasiness
of mind. 1t was not bis fault that it was
rendered. He was sick and had been hurt,
and was the only man on the jury who had
hel3 out f,r a different verdict.
The evidence in bis opinion, was not snf- !
ieient TO justify conviction, and had he not
been overpowered and sick he would have
remained firm antil the time Of the writing
Of his letter which concluded as follows:
Sc VIII you favor me by going TO the Nicelys /
and telling them that DO not want them 10 .
have any hard feeling toward me-that ]
tried to do my duty aud could not. Now.
Mr.. Koontz, let me know what they say. | |
can see those mems face before me every
night and do not like that.
In a letter addressed to The board he says |
there was great excitement al the time Of |
the trial, aud the people were much PREF u
diced against the prisoners Wnen the I
Commonwealth had completed It's testimony 1
one Of the jurors remarked that he had I
heard enough and did not care about hear
ing any lies on the part OF the defendants.
JURY ROOM sEcRErs.
When the jury retired five of the jurors |
were for acquittaI, said NJ. Beck I held /
out against the solicitation, threats and abuse !
Of some Of the jurors, one of whom pulled I
me of the bench on which was resting two !
or three times, and swore that was as bad
as the mnrderers for not agreeing with them.
One of the tipstzves, in charge Of the jury. !
he said, told him there was no reason for his |
holding out-that an act had been passed 1
that made verdict OF Il of the Jurors bind- /
ing.
Another letter in the interest Of the mlr-
derers dated Chicago claims that the /
Nicely boys are innocent of the murder Of /
Herman Umberger, and that the guilty /
men, Of whom there were 1--WE, were running
At large One OF them gevidently meaning /
himself would never be caught. He closed /
his communication. which was signed F.
R. s. by stating that be would not say
any more. as further remarks might put his I
neck in danger.
Petitions we're also presented signed by (
people Of Somerset and Westmoreland coun-
lies asking for the extension Of executi We
cleneney To the prisoners because Of the ex-
is;ence OF doubts as 70 their guilt. and be-
cause they were convicted when bitter 1
feeling had been aroused on account of afro /
cions crimes having been committed in Som /
erset county by persons from adjoining coun-
ties. and = hen the excitement was at fever /
heat over the great disaster at Johnstown. I
The father and mother Of the murderers /
were present during the progress Of The dis
cussion resulting from the application Of the |
counsel fDra continuance Of the case, and /
eviuced much interest in the proceedings.
II Speaks for Itself.
To WHOM IT MAr c5ScxKS -
We. tie undersigned citizens Of New /
Buena Vista Pa. and vicinity, can BY per
sOnsi knowledge endorse DR.. r. F. Shaifer |
as an able young physician His success
while in this place has been such that word /
Of praise is no more than his ability merits, |