Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-03-19
ONE JUROR REPENTS.
He Strongly Urges the Pardon Board
to Act FayOrably Upon
THE APPEAL OF THE NICELYS.
Coercion Was Freely Used to Secure the
Verdict of Guilty.
SMITHS CASE WILL BE HEARD TO-DAY
ESPECIAL TELEGRAM TO THE D1sPArcu.l

ESPECIAL TELEGRAM TO THE DIsPATcH.l
HARRISBURG, March 1S-One OF the
most interesting cases before the Board o.
Pardons to-day was that of the two Nicely
brothers. OF Somerset county, under sentence
o. death for the murder of Herman Um.
berger, who was shot down in cold blood in
his house in February of last year, and
robbed of $4,000. The prisoners were rep.
resented bY General S. A II. Croffroth and
William H. Koontz,of Somerset, and Lyman
D. Gilbert, of this city, while the com.
monwealth's interests were guarded by John
Cessna and F. j. Kooser, of Somerset.
Counsel for the applicants for executive
clemency filed large number of letters and
petitions asking for either the pardon of the
murderers or the commutation of their
death penalty TO imprisonment for life.
They claimed that they were after evidence
which, if they had time and power to Sc
cure, would enable them to contradict essen
tal testimony given by Commonwealth
witnesses and they, therefore, asked for a
continuance of the case and modification
OF one of the rules of the board so as to allow
the taking of depositiors outside Somerset
county.
Unsatisfactory EVIDENCE.
Mr.. Gilbert considered the papers and
letters submitted to the board so unSatis-
factory in the absence of the evidence de-
sired, that, under similar circumstances, il
the case were on trial he would be obliged
to withdraw from ii. The counsel for the
prisoners stated that the testimony of three
4 fhaN- rod
would bear on the case directly, and that Of
90 others would back up William HI. Shall
lis. who had made an important statement
in the interest OF the Nicely brothers, but
whose reputation had been assailed BY
number of people who had known him sew
eral years before the trial.
Secretary Stone thought it was but Justice
to give the commonwealth counsel the
names of the witnesses whose dispositions
were desired. After some parleying the
names were announced, and the character of
their statements was ioreshadowed. Con-
cerninC one of them, who is alleged to have
remarked that the officer who arrested the
murderers told him that he had manufac-
tured some OF the evidence which resulted
in the conviction of the Nicely brothers.
MIR. kooser intimated that there was an ami
, mus in this statement, inasmuch as the Off
Ger had one time arrested the man for horse
stealing.
John Cessna, after hearing what was in
tended 10 be proved, said the Commonwealth
considered the proposed testimony as wholly
immaterial, as it would not alter the status
the case.
A LITTLE MORE TINE.
The board in view of the fact that two
lives were at stake, agreed to give the coun-
sci for the prisoners until the next meeting
OF the board to procure their new testimony.
Among the letter: submitted was one from
J. W. Beck, one of the jurors who con-
yicted the murderers to General Koontz, to
whom he wrote tina: there was much in the
case with which he was not satisfied, and
the verdict had given him much uneasiness
of mind. 1t was not his fault that it was
rendered. He was sick and had been hurt,
and was the only man on the Jury who had
held out for a different verdict.
The evidence, in his opinion, was not SUI
fcient to justify conviction, and had he not
been overpowered and sick be would have
remained firm until the time of the writing
OF his letter, which concluded as follows:
"Will you favor me by going to the Nicelys
and telling them that do not want them to
have any hard feeling toward me-that 1
tried to do my duty and could not. Now,
Mr.. Koontz, let me know what they say. 1
night, and do not like that"
In letter addressed to the board he saws
there was great excitement at the time of
the trial, and the people were much preiu-
diced against the prisoners, When the
commonwealth had completed its testimony
one of the jurors remarked that he had
heard enough and did not care about hear
ing any lies on the part of the defendants.
JURY ROOM SECRETS.
''When the jury retired FIVE of the jurors
were for acquittal," " said Mr.. Beck. 81
held out against the solicitation, threats and
abuse of some OF the jurors, one of whom
pulled me off the bench on which 1 was
resting two or three times, and swore that 1
was as bad as the murderers for not agree
ing with them" One of the tipstaves, in
charge of the jury, he said, told him there
was no reason for his holding out-that an
act had been passed that made a verdict of
IL of the jurors binding.
Another letter in the interest of the muir
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 five, were running
at large. One of them (evidently meaning
HIMSELF would never be caught. He closed
his communication, which was signed IF.
r. S." BY stating that he would not say
any more, as further remarks might put his
neck in danger.
Petitions were also presented signed by
people of Somerset and Westmoreland coun-
ties asking for the extension of executive
clemencY to the prisoners because of the ex-
istence of doubts as to their guilt, and be-
cause they were convicted when bitter feel
ing had been aroused on account of afro
cious crimes having been committed in Som
erset county by persons from adjoining coun-
ties, and when the excitement was at fever
heat over the great disaster at Johnstown.
The father and mother of the murderers were
present during the progress of the discus
sion resulting from the application of the
counsel for continuance of the case, and
eVinced much interest in the proceedings.
THE JUDGE FOR HIM.
The case of Charles Carter was represented
BY P. A. Shoemaker who presented letter
from Judge Johnston, who tried the case.
asking for the Communication of the death
penalty to Imprisonment for life. Carter.
who is colored, killed a negro at Johns
town on account of a white woman of
whom both were enamored. John Feulon.
who assisted in the prosecution, opposed
executive clemency because the murder was
'cool, cold and deliberate, and Carter was
q bad man." Chal Dick, who also repre-
sented the commonwealth, was of the
opinion that commutation should be granted
and spoke of the low character of the wit
nesses who testified against the prisoner.
Carter's execution is fixed for the 9th of
April.
Application was made for the commuta-
tion of the death penalty of John w. Rudy,
of Lancaster, whose execution is fixed for
the 9th of April next. The prisoner was
convicted of the murder OF his father, by
whose corpse he was found after the latter's
death. 1t was claimed that no evidence was
IL