The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-06-17

nat was got, was present NncH inc pcche'
| book was got was present when the pass
books were got; Martin O'Connor found
them We all examined them was no mon
ey in any OF them examined the tracks to
aud from UmberEer's examined 4 dozen or
more tracks closely; there were nail.
around the outer edges of the heels; there
were no nails in the center the heel there
was no diamond shaped impression in the
center Of the heel.
Cross -examintd-Left Rauch and Joe
Nicely down stairs when O'Connor and
went up stairs to search was out Of the
room and left them together.
Hammer Caufleld-Made examination OF
the tracks cannot tel how many; there were
nail tracks on the outer edge ofthe heel
there was no diamond shaped nail track in
the center Oft the heel heard conversation al
lime of David Nicely's arrest; Mrs. Nicely
said she did not know where her husband
was between Monday and Friday.
Cross s-examination-I asked her where
he was working last week; she said he
was Nt4 hAliS Abl hAlA4llCl OlA
but she could not say where else lie
was during the balance of the week until
Friday she did not say he was at home
every night during the week the conversa-
ton was shortly after the arrest.
John Thomas-Know John kaylOr; know
the community in which he lives his gen
eral character for truth and veracity is bad.
Cross-examined-Hav heard several par
ties say so.
Michael Sipe-know John Kaylor know
that his standing for truth and yeracity in
his neigbborhood is not good.
Cross-examined-H heard great many
people say that his character for truth and
veracity was not good.
Edward Mowry-Know John Kaylor
know that his general character for truth
and veracity is bad
Cross-examiued-Was subpUnaed yester-
day ! suppose about o'clock heard sew
eral parties say that his reputation for truth
was bad
Aaron Walker'-I.ive in Jenner township;
know John Kaylor; know his general repu-
tatiou in the community for truth | think
il must be bad.
Cross-examined.-H Heard his own brother
in-law say he didn't tell the truth, Joseph
Walter.
Solomon Judy. - Live in Jennerown;
John Kaylor's character for truth is pretty
bad know all his neighbors and the people
of the community.
Cross examined. Heard Kautz's boys,
Friedline Peterson, and good many Others
say he was bad man; Aaron Walker sub
punaed me.
Daniel Peterson.-Live in Jennertown;
know John Haylor know the people of the
his character for truth among
them is bad.
Benjamin Klinc.-Live in Jenner town
ship one mile from Jennertown John Kay
lor's reputation is bad not Just for one but
for all
Frank Hciple.-Liye in Jenner township
halfmile from Jennertown know John
Kaylor and his reputation for truth among
the people tits not good.
CrOsseNIminei-He IS an undertaken;
they would call him that if they called him
a proper name.
Jacob i. Kautz-Liye in Jennertown;
John Kaylor's character for truth is bad
Cross-exlmincd-I am of the firm of
Hautz Bros. have heard Mr. Judy, Mr..
Peterson and Mr. Rauch's nmily say it was
bad this was year ago.
we REST"
said Mr. Cessna, as witness Kautz left the
stand.
What have you in rebutta!, asked
Judge Blcr addressing the counsel for the
prisoners. After some consultation they
called Harriet Nicely, wife OF Joseph Nicely,
As their first witness
IL sUR.REBUTrAL.
Harriet Nicely-Was at home the night
Rauch and Ambrose came to get my hus-
bands hat had laid down on the bed
they raped at the d Oor and told Lorenzo
to 90 and see who was there; the lamp was
back in the sitting room it was side
lamp; it was the fall length Of the room to
the kitchen door; | could see out
from where | was sitting; they asked for the
hat; Lorenzo got it and gave it 10 them
neither Rauch nor Ambrose came in from
where they were they couldn't see where the
hat was hanging the lamp wasn't moved
il was large lamp.
Lorenzo Nicely-Remembcr John Ranch
and Ambrose coming to our house the night
my father was arrested; they came in the
kitchen door at tie east side of the house
the lamp was in the sitting room in the
north end of the room; opened the door;
Ranch just stepped in the kitchen door; |
asked mother where the hat was, she told
me and went and got it for them there
was no light in the kitchen only what shone
through the dining room door; Ambrose
stood on the outside.
Cross examined-There was no lamp only
the one in the sitting room; one of the men
had a lantern; ! think Riuch Ambrose
stood at the edge of the door on the outside.
Daniel Peterson-Lived last May in Jen-
remember Joe Nicely coming to
see me in August; am director of Westmore-
land Insurance Company; Mr. Nicely came
there to see me about case in Greensburg
don't know whether there was anybody
with him saw him ri.,bt flor Iipnar