Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25

The jury in the case retired on June7 to
find verdict Judge Baer, In his charge
to the jurors, impressed upon them the
enormity OF the offense with which the pris-
oners were charged, rapidly reviewed the
testimony, leaving to the jury the task of
reconciling it, or of selecting that side which
seemed to them the most reasonable. He
further instructed them that if they found
the prisoners guilty, it must be murder in
the first or second degree.
The Jury was out all night and returned
verdict of guilty. The verdict did not
specify of what the prisoners had been found
guilty, and they were ordered to remedy the
defect, which they did in few moments by
returning verdict of murder in the first
degree against both prisoners. The verdict
was popular one, and was enthusiastically
indorsed by large crowds which had gath
cred from all parts of the county to hear the
result of the trial.
The prisoners counsel at once made a
motion for a new trial, alleging that the
Jury had been Influenced, if not overawed.
by the turbulence of the audience during
the trial, and proving that remarks calcu-
lated to intimidate or unfavorably influence
the Jurors were let fall in their hearing
while going to and fro for meals. Tipstaff
Euston, who had charge of the jury, testi-
fed to these facts and to overhearing one of
the Jurors say while considering their ver-
dict: sIf we don't convict these men of
murder in the first degree the citizens will
mob US.
New evidence had also been discovered
which would strengthen the alibi, and an
affidavit was produced from DIR. G. B. An
derson, who had treated David Nicely
year before for heart disease, in which he
stated that it would have been physically
impossible for David to have made the long
tramp of % or 30 miles over the mountain
and back again on the day of the murder.
To Be Hanged by the Neck.
The counsel for the defense raised some
other points in their motion, but ON August
19 new trial was refused and the prisoners
called up for sentence.
When asked if they had anything to say
before sentence was passed upon them, the
brothers arose in turn and simply said: 81
have only to say am not guilty"
The prisoners were sentenced to be hanged
by the neck until dead that they might eX-
plate the murder of Farmer Umberger, of
which they were convicted, and were re-
turned to Jail.
The good people of Somerset county were
satisfied. Rampant crime had been seriously
discouraged at that term of court, for four of
the McClellandtown gang had also been
sentenced to the penitentiary to serve long
terms. The Somerset county farmer felt
that now he could retire at night in perfect
safety without fearing the possibility of
awakening in another world where agricult-
ure is not practiced,
A. ARepentant Jurors Letter.
The defense did not give up, but prepared
to appeal to the Supreme Court. The coun-
sci felt encouraged by the following letter
from one OF the jurors, which was received
on the day OF sentence:
FAIR HOPE, August II. 1882
General W. H. Koontz:
DEAR SIR-I drop you few lines as regards
the Nicely case. have been thinking great
deal about 1t and am not satisfied. 1t has been
bearing on my mind ever since: 1t was not my
will that it was decided that way. I was sick
and hurt; the evidence was not sufficient to
convince me of their guilt, and l would have
STAYED in that jnryroom until now if l had not
been overpowered by men and sickness.
Will you favor me by going to the Nicelys
and telling them that do not want them to
have any hard feelings toward me; that tried
to do my duty and could not. Now, Mr.. Koonts,
let me know what they say.
1 can see those mems faces before me every
night, and do not like that. Please answer
soon. j. w. BECK.
The appeal to the Supreme Court was
fruitless, as were two hearings before the
Pardon Board, and one OF Governor Beavers
last official acts was to fix the execution for
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