The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1890-11-19

be called upon TO grant the condemned men
a respite until after the Supreme Court has
rendered a decision. We do net know that
any such steps as We have mentioned viii
be taken. but in case they are. the sentence
ofthe Law viii be delayed several months
longer
The case Of the Nicely brothers has gained
great notoriefy throughout the country, both
On account Of the brutal murder OF which
thsv stand convicted, and OF the stubborn
fight that has been made in their behalf
While their conduct subsequent TO the trial,
their repeated efforts to escape, and the des-
perase assault made on the deputy sheriff.
has kept il fresh in the memory OF the pub
lic
From the first day almost two years ago.
that Joseph ard David Nicely were lodged
in the Somersetcounfy jail. charged with the
robbery and murder Of farmer Herman I'm
berger, to this, nothing that legd talent
could do has been left undone TO save Their
necks from the hangmsn's moose Sot only
have their counsel exhausted every means
az their command. bat they have had the as
sistance Of afer-discovered evidence OF
most startling nature. had il been believed
by the learned gentlemen who compose the
Pardon Board. II Is alleged that one poor
wretch even went 30 far as 70 confess that be
had participated in the murder, and II was
on this confession that argument for re-
hearing was principally confined last Thurs
day.
The prisoners were represented BY lawyers
CofrOth and Kooniz, and Lyman D. Gilbert,
one Of the most famous lawyers Of the State,
and 5. J. M~Carrell, a prominent attorney
at the Dauphin county bar. The interests
Of the Commonwealth were looked after by
F. J. kooser, Esq Argument in behalf OF
the prisoners was patiently listened TO from
early in the morning until evening. General
Coffroth spoke for three hours n review
ed a great deal OF the original iest4la0uy
elected on the trial of the ease and dwelt at
length OF the alleged confession Of one John
Beach.
The confession Of Beach, published in
these columns in full At the time, is alleged
to have teen sworn to before Esquire Elijah
King, Of Upper TurkeyfoJt township, one
quiet Sunday evening, by a mysterious stran-
ger, who came to bis house and left again,
without having been seen by any Of the
members Of Mr. Kings family or neighbors,
80 far As Is known.
Gen. Cofroth was followed by Mr.. Gilbert,
who made an eloquent plea for the con-
denned men. and said he could not see bow
the Board of Parsions could take upon them
selves the responsibility Of refusing to grant
the petition for arehearing. in the face OF this
confession
His plea for the aged mother Of the pris-
oners. who, with her husband, was present
throughout the bearing, was verT touching.
He referred 10 Mrs.. Nicely as AN aged moth
er whitening for the grave"
Mr.. McCarrell reviewed the evidence and
the new testimony. laying particular stress
upon the alleged confession
Mr.. Kooser, an behalfof the people, argued
that the arguments Of counsel for the de-
PENDANTS were weak He took up the aileg-
ed confession of Beach, who stated that he
left for the east from Gaylord. Kan, with
four other men When they arrived al Kan.
sas City be was imprisoned for % days tor
stealing boat be remained in Kansas City
until the next June went to St. Louis where
be resided until the next summer then
Jeff for Cincinnati. where he remained Tor
six months started for Pittshurg, boarded a
freight train for Greensburg, but the train
d d not stop until it arrived al Johnstown,
where be alighted. After be was there foul
or Eve months, be became acquainted with 8
man named Miller Some time after, hs
and Miller went to Michigan from there
they went to Wheeling. W. Va; thence Z
Cumberland thence through the country
TO Johnstown- While on the way they met
a chum Of Millers and they held eounsnl-
tation a. to how they could raise some mon
ey. Thay had in view several farmers. and
about year after they resolved TO kill I'm
berger. In company with Miller, his chum
and several Others. they went TO the house
Beach and Miller entered the house and Nil
Ter shot three or four times with his rsyol-
yez. They secured the money and Beach
started for the west, and Miller went on t
Cumberland He heard from Miller by
letter, who told him that the Nicely boy:
we're in Jail In one of the letters Mile
said he was going back TO Johnstown to rem
billiard hall A week after Beach heard
Of the Johnstovn food and being anxiou.
about Miller, started for that ill-fated city II
search Of him While approaching Johns
town be saw Mrs. Nicely, the mother of th,
condemned men, and her sOrr0xful fsc'
haunted him TO such an extent ss TO leas
him to make the confession. He wrote ths
confession. the spelling assd punctuation o
which Is very poor. appeared before Justic
of the Peace on Sunday evening abou; dari
and made affidavit that il wzs true.
One Of the reasons which made the sbov'
supposed confession seem improbable, argu
ed Mr.. Kooser, Is the fact that John Beaci
has not been seen by any any one since 1873
and never was seen or heard Of in Somerse
county except by Squire Elijah King
Although in his statement ne says that b
changed his name and bad been goin,
under an assumed name ever since his i'm
urisonment in Kansas City, yet if be hac
been In that locality referred TO with Mi
Ter. be would not have been 20 changed il
appearance as not TO bave been known b,
some Of his old scquaintanees, no matte
what name he was known BY. Anothe
fsct which seems rather remarkable is tha
while be gives an account Of himself at dill
terent periods for the first four or Eve year
sftsr the fall of 1876, 30 definite time At an.
one place is mentioned. and from the da.
that he met Miller and started through sh
west and arrived in Somerset county agar
I'D until the night Of February q, lssi
xhen the murder was committed, covers
peroid Of ave o. six years. whereas his state
ment leaves the impression that his travel
we're Of the hop, skip and jump character
From these facts Mr. Kooser argued ths
the alleged confession deserved no consic
Grafton a. il had evidently been evolved on
Of some fertile brain other than Beach
That il was 100 unsafhentic 10 receive th
slightest consi ieration and that il was dil
believed by the people OF Somerset county
Mr.. Kooser said he was not demanding th
blood Of the convicted men but was simpl
doing bis dufy Is an attorney as he foun