davidaulloa/AmericanStories huggingface dataset:
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
Saws in Their Cells
.rrExrr 70 Ezc.rs rsr.rs.rEr


Thirteen bright, keen -toothed steel saws
measuring from five 10 nine inches in length
and Of the thickness Of cardboard were
found in the cells occupied By The Nicely
boys in the county jail. sunday. March 5.
1s9L Sheriff Good Was vaIking through the
corridor into which the Nicely boys cells
open. st noon, when his attention was a.
tacted By e bright spot on one Of the basof
Dave Nieely's cell door, almost SIX feet above
the floor, aud Just opposite the stalvart sher-
IFS eyes. The sheriff did not stop % make
an examination but proceeted At once 20 the
Court House. where be invited two OF three
gsntlemen 10 return % the jail with him.
saying thar he believed the Nicely boys were
preparing to make another attempt % escape.
Going directly 70 the cell occupid By Dave.
be succeeded in bringing seven % the dan
gerous little saws % light some Of them
we're concealed beneath the Ids Of the water
closet, others in the sesms between the sheets
Of steel that compose the cell val
How much vii you give as II We tell
you how % grow them p asked Dave Nios-
ly with 4 laugh. You ought % leave us
few for seed. he confinuei-
Wei, Joe, bow many saws have you IN
you eel ? Gsked the sheriff. The prisoner
ooOlly replied Il guess you can fnda couple
in here
The sheriff soon found three saws con
eeslsd in the seams between the plates. and
turning to the prisoner. asked, are there
any more -
Wei, yes.T answered Joe, who knez
there vas nothing 10 Be gained b. beng II
believe there is one or two in ny bunk
Is this al p demanded the sheriff. after be
had substituted tie TICK with one from
another cell
No, believe there is one there in that
eorn-r, responded the prisoner Aier the
sheriff bad taken ia our Of the seam IN Vhich
il had been concealed. Joe remarked. You
have them al nov they were Of no u-e 70
Is as the bars were too hard 70 BE- saxed.
These saws are good enough % get throszh
paddock with BAT are not strong enough
for cells ike these
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

~ by bis broshers SIDE theg engsesd IN
c5,versation R;fh thsir connsef
The ordeal was . mozt trying one 70 JadEe
Baer ard the synpzihies q the ansiirpse
vent out 10 him much more llan 70 TIE
prissners- HIS weH known sensitive and
sympathetic nature, and great goodaess and
kindne>s of heart, acquainted everyone with
the painfuiness Ct the solemn duty which
his position en;ailed upon him.
AZ APPsAn TAKEN
Counsel flF the prisoners tsok al appeal
tothe saprems c5srt the same day sentence
Wa pronounced
rHE usNER osvE7 srsrsfStp
oa the INA - Neyenber the saf.refne
oour handel down 81 opinion sustaining
Judge Bssr. The decision begins . Bat
four OF numerous syecifcations Of error IN
this case require notice none Of taem need
extended discussion Il coaeiades a. fol-
lows :. We have closely examined all Of the
assignments aad iai no error The judge
ment in tie czse is affirmed, etc-
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

Th~re = nc ssniib, thaf fri-si.i- q the Nls'e-
iys knes that fhis atienps 70 sse1pe wss 70
Be made because tels-s-sm- we're r-oeiTei
Two days before fron different Places.
TAKES r. IxDsSs-
March slst the Nicely bsyz yer, taken %
In,iiana c1aufy AMI placed 10 the easiosiy q
Sheriff Mack. They were kspi ftere during
the summer Of ls9s and until about the
middle Of oct0ber. when the keys d The
new jail we're hsnded over 20 the county
Commissioner. Ehen they were rs'asned
q the custadT II sr-Hd NfeNiiis, IRE
nsr iaii Is o-ii=z=i . ~ orr oi So ae>t
adapiea and most sec'rs county prisons 90
the state. II has bar ore defct-snd that a
giaring one A trzp-ioor in one 81 tie
upper corridors leads 70 the garret and holds
oui constant invitstion to prisoners 70 e.
cape
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

Daring Breaks for Liberty.

TnE Ar4ExFrs 70 EscArg MADE EF Tx
NICELY HoYs-DERUTY sHERIFF NIT Mc-
MILES sBoT.
When the Nieely boys were first brought
Ia s9uersst they were confined in q jail that
xss disgrace to the county and TO ciyiliza-
ton. II was prison in name only. and
was no better adapted far the keeping Of
criminals than an old-fa-hioned country
sheep-pen- It was provided with one stee!
eel, which a. times contained as Il any as
SIX desperate men wbo were supposed 70 Be
secure when locked inil Hnmanity re
quired that the N.oely boys BE permitted to
have access 70 other paris Of the prison, and
they were allowed the freedom Of the eorri-
dors BY the sheriff. who had been assured
that they the Nicely boys woald not leave
the 5aH If the doors xeEe thrown open
Their friends and relatives were permitted
to visit them whenever they chose 70 do 20,
and huaareds of curious people were per
rnitsed 70 pass inside the insecure old pFis-
on each week. The prediction was freely
made that the marierers would never be
executed. and tha; long before The dsr sci
for that event would make good their escape.
That this preiieion was not without rea-
son became evident on the asih day Of
August. lsse. when deputy sheriff MeAiiien
discovered that the prisoners had made
every preParsiion 70 leave their insecurs
quarters thaf night 4 cell on the upp@
corridor was keps locked al all times bscaa-r
Of is unsafe condition, and it Was By nsess
accident that the deputy looked inside.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
Sentenced to Death.

Monday August le.h Judge Baer refused
the application Of The Niosly boys counsel
for a new trial And on I3oiion oi the Dis
nct-Attornsy thst the prisoners b. imme-
q aieiy senlanoed directed the mosion filed
then turning 80 the prisoners asked Have
you. Joseph Nicely. anything 10 say Why
she sentence Of the laW should not be pro
nouneed upon you
IN response. the prisoner addressed arose
aud said in q clear and distinct tone ofvoice.
g. would just simply say ara Do. guilty
Have you. David Niceiv. anything to say
xhv tbe sentence Of the law should not nov
Be pronoanoed upon yoa = asked hrs Hon
or.
The prisoner, without rising from bis seat
replied have nothing 10 say
Joseph Nicely, stand up. said Judge
Baer. Continuing he -aid The sentence
Of the law Is that yen, Joseph Nicely. be ia
ken 10 the jail Of Somerset coanty. whence
you came, and there. within the walls Of the
said jail. on such day and ;ims As may b.
appointed BY the Governor Of tire Common
wealth. yoa b hanged BY the neck until you
be dead. and may God have merry upon
your soul
While the awful sentence was being pro-
nouuced the prisoner stood erect with
ais head Slightly bent forward Not =
muscle Of bis face iwi,ehed. His oounie-
nance never changed expression his nerves
0. steel stood him in good stead
David Nicely stand up said bis Honor.
and the miserable. doomed wretch raised
slowly from bis seat. placing his right hand
upon the table in front Of him.
= The sentence Of the law is. sa1d Judze
Baer, that you. David Nicely. be 1sken to
the jail Of Somerset county, whence you
came. aud there. within the walls Of the ssid
jzil. on such day and time As may be ap-
pointed By the Governor Of the Common
wealth. you b banged By he neck uniil
dead And may God have mercy upon your
soul.
The condemned man bore up braVely un-
der the terrible strain, and resnnling his
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
Before the Pardon Board.
4FrER-DiscoyERKD EvfDsScE


Daring The months Of February and
March. isa.l. dep1sifiouS we're taken 70 lay
before the Psriaa Board for the purpose OF
scoring a pari0a Or commatation Of sen
tsnoe- The case Vas argued on March 9eih,
when number Of afi8aSi,s were submitted.
one b. J ". Beck. Juror Eho sal il the
case. stating that he bad been forced by his
fellow Jurors 70 agree 70 verdict Of murder
in the first degree Another witness said
thar Constable Rauch had conided 10 him
thA, be had hxed up the evidence on which
the Nicely boys we're convicted. Several
testified that = mysterious stranger had vis-
tied a saE mill where they were working. in
the moartains zoove New Florence. on the
second morning foliouing the murder and
told them about Il, From as suspicious
actions sbe witnesses wsre ed TO believe that
be vas the guilty party. A letter was also
subaitled siguea F. r ; and m.iiei a.
Chicsgo which proclaimed the Innocence Of
the NiceIys and admitted the writer guilt
The Commonwealth attorneys presented
aiiidavi,s assailing the character OF some Of
the xitnesse- for the defense Early IN May
the Board refused 70 gran, 3 pardon or com
muizson-
sLLEsso CONFESSION 81 JOIN sEUrH-
shortly before dusk sunday evening. June
ssh. stranger Of gootadire-s and rather
6ne appearance Appeared before E-quire
E .iah King. Of Upper Turkeyf1Os township.
and requested thar officer 70 swear him TO .
paper be took from bis pocket Justice King
reminded the stranger thar II vas the sab
bath day. aud that he could not administer
the cath as requested. The stranger replied .
that be would assume al responsibility for {
the legality Of the transaction and insisted I
thai the Justice grant him the favor Sub F.
sequently the oath was administered. the .
stranger swearing by the upiifted band. F..
Taxing package from his poezei the strzn- (
Eer opened II and put the affidavit IN r. and /
then carefully tied II up again. Ai,eT c1n :
versing with the Justice Tor short period F.
b. inquired II be could not let the paeS ~ 4
with him oser night saying thar il Sas (
bulky and inc0nvenient 10 carry and thar. 4
a. De Eas going 10 spend she Wsai TO the 4
neighborhood. be would eail i IN fhe (
morning Justice King put thr mysir1 s,ls 4
pacs age into his desk and The stranger TOOK i
rs departure. after paying the customary 4
fee for administering an ozih-
Monday morning came and passed. bn' I
the 'SguiIes caller Of the preyi.us evening (
did not apt,esr 10 ciaia hfs uscFare L4ter
in ths day. the stranger continuing 10 absent !
himself the Justice opened she Pacs-se and I.
found ii contained manuscripts. reciling 81 I
lessth the life Of one John Besch and shai /
purPorted 10 bs a confession Of his com
pIicity il the murder Of Herman Cmberger,
ard impiicafing one Miller. The package
also contained a note requesting the Justice
70 forward the manuscript 70 A. A. Nicely,
father Of the condemed murierers. Justice
King forwarded the manuscript to General
A. II CoHroth. counsel for ihe Nioelys
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
ALast Effort.

cHARsE o. CoSsPIKscT SoT srsrA1yED
The last senssfion 10 the au01s czse Eas
sprung st Greensburg on March 81 Isai
Ehen Ms. snthOny Nioeiy made informa-
ton against John o R81ch and Howard
Camp for conspiracy The suit Eas dismiss
ed after hearing held the foIloWinz Hesz.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

Another plea.

eavrEyoE BEAvEs ASKED 70 NTIHHoIp THE
uEsrH- TEEEAsrs-
On the gsh Of January lssl, a1torneys for
the NiceIys appeared before the Governor
and apFealed 30 him TO Withhold his sigma
ture from the death warrants The atior-
neys declared they were not working for
money and thattheir labor was one - meF-
cy. They reviewed the entire history OF the
case and agreed that the saprems Court had
erred and thai the Pardon Board bad been
most unfair in requiring them 70 absolute
~ prove The Innocence % their clients aad
insisted ia their belief Of the prisoners inno-
cenoe
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

e-ol mar-hAling of facts ever heard in a
Somerset eounty court II VS. speech
beiiiting the high reputation ef Mr- Ces-
sna and the Importance Of slIe cause fcr
which he pleaded The court room wgs
crowded uish friends and admirers Of
thejustly celebrated lawyer. all Of whom
were eager 10 hear him IN one cf the
greatest efforts OF his long and husy life.
They we're more than satisfied.
Judge Baer commenced charging the
jury al 10 minutes past 5 o'clock and
it vas precisely two minutes past : when
he closed Counsel f5rthe prisoners ask
ri Tor an exeeptsonto tie charge. which
was granted. and i biiI sailed. The
Judges charge vas one cf .he mos i'm.
partial ever delivered in corrt Of jus-
tee.
WITH THE sURY.
After listening 10 the charge Of the
court the jury in the Umberger case went
to their room for consultation and delib-
Grafton. A short time after reaching
their room 3 ballot was taken which
stood nine in favor Of verdict Of mus
der in The first degree. and three in favor
Of scquittaL During the night one ether
ballot was taken which siood eleven in
favor Of a verdict Of guilty in the frst de
gree and one for acqaiit4i- Just before
court called a third ballot vas taken.
which resulted in 8 unanimous vote for a
verdict OF guilty Of murder in the first
degree. The prisoners were brought into
court and the jury came in and handed
10 the clerk a verdict, which he handed
TO the court. who handed it back to the
clerk, who read guilty Of murder in the
first degree"
The scene in the co II room when the
jury handed in their verdict vas re-
markzble one, and one that Will be long
remembered by al present. For the hrs,
time the iron nerves Of the Nicely boys
gave way and a perceptibie tTemor was
noticed in their faces. The look Of blank
anazement that spread over the faces Of
the counsel for the defense showed how
much Of = surprise the verdict was TO
them. Notice was promptly given that
a motion for 3 new trial would be made,
and the famous Umberger uial was at
close.
THEIR RELATIVES HEkE THE vEzu-l-T.
The scene At the Somerset House when
tae news Of the conviction of the Nicely
BOYS was received Was one 70 touch the
heart and excite the sympathy Of the
most bitter denuuciator II the murder
ersof Herman Umberger. The wives and
aged mother Of the prisoners had been al
the hotel all week. 4 messenger was
sent 70 the court house ard As soon as
the verdict was announced sped back b
the botei No thought Of verdict Y hich
would condemn their loved ones 70 the
gallows had evidently crossed the brains
Of these poor women, and their heart
rending cries when they realized the aE-
ful truth brought tears 70 the eyes o.
more than one strong nan.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

waiting TO be hung innocent Il they can
find Barkholder and siPe. they VIII tell yoG
Of my intenuon of coming $40.
JoHS REFcH.
Ia.k the justice Of t'e peace to take a
copy II This and send il 70 The Nlcelys fam
ny and keep copy Of it,
Lit1ie attention was paid to this alleged
confession by the a;to-1eys for the Common
wealth from the fact that 10 one living IN
the neiehbo-hood Of squire Kings had seen
the sell confessed nurdersr on ihe Sunday
Of his visit or 81 any other tine 90 The
strength Of This confession, however, counsel
f1r the Niceiys again appealed to The Beard
Of Ps-ious for a Communication Of sentence.
They procured testimony from two or thFee
residents Of Fayerte county setting forth
that they had koown a man named John
Beech ia kansas. but none OF them hsd seen
him since.
PAVE ylcELY oFgEEs To ceNFFSs-
Among. other testimony taken to lay be-
fore the Pardon Boara 81 this second hear
ing was thai of sheriff McMiilen, who stated
thas sson af.er The marierous assault made
on Depary sberiH Nit AcMilien. Dave
Nicely sent for him and handed him sheet
OF paper on which the following propositions
we're written. Il was directed % Z : Nc
Migen, sheriff Of Somerset county. Pa Il
began. do hereby agree that will tel al |
know concerning the Umoerger murder ~
anything on certain conditions hereinafter
TO be named
Nazrs KS0Ws hts c9SnIrioNs-
FIrs,. That you sill use your best efforts
10 have ne par3oned. or sentence commuted
TO imprisoned for life
second. That # any Of my friends should
be implicated. thst you Eiil use every Effort
10 protect them.
Third. Tha, VII write 81 l kaoW con
oerning the Enberger murder tif aaythingl
to le published in pamphlet form for my
benefit
Fou-ih, VIII no; agree "a sny ofthe
above without fist having a consultation
with my father and mother
[Sgnedl DAVID NICELY
Saosel laently the prisoner sad 10 The shrr-
if sster Iearuins thar ne intended TO testify
azsiusr hla. 4 did 10, think you would
ny 70 destroy tAs last spark Of hgp-I have
for my hfv
EE HEsgISe EEFUsEp.
Argument fora re-heaFing was heard on
the ls,b Of November Is.1. counsel made
protracted argument and Insisted that IN face
Of the Beach confession, they could not see
how the Board could refuse TO grant their
request. The mother Of the condemned men
xas permitted 10 address the Board and IN a
broken voice tried 10 establish tie inuoeenoe
ofber boys The Bosrd wrestled in secret
session Dor four hours with the question Of
granting re hearing and finally refused the
application.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
The Death Warrants Signed.

oyE o. eoyEESoss HrAvrRs Lssr OFFICIAL
AeIs
One the g. day ofJaaaary. Governor Bea-
yer affixed bis signature % the death var
rants Of Joseph and David Nicely and desig-
uaied Aplil q a. tie day for their execution.
The news vas a terrible shock TO the prisoa-
ouers. both Of whom had been lei 70 believe
thar the Governor would refuse 70 sign tie
xarrants flr their execution and that bis
successor would certainly not do 50.
TEE w.sEAxrs urAD 10 THE rElsoxEEs-
THURSDAY morning. January Ssh. Sheriff
Good read the uarrants % the doomed men.
When he had dnisbed reading the Official
pager 70 Dave. tbe prisoner solemaly said.
IF they e1crate as Il VIII BE- for vhat some
else did Taa,s y ban said iirsi and that's
what say now-
Il knew yoa had the warrants. said Joe
Sheu the sheriff entered hiseen He quietly
listened 20 the >he7ia while the document
thar meant 50 much 10 bin was being rad,
bar made DO Other remark.
THuH Last HaPE GoSE
Tuesday. March lo, counsel for the Nice
Iys appeared before the Lew Board Of Par
doas and asked f3r rehearing Their aP-
plication wa refused.
Tuesday I'D counsel sppea'ed before
Governor Patti=ou and presented eertific@ie
signed By the jail physician, Dr. Il ; Kim
me-. Stating that in his opinion joe Nicely
was insane The Governor declined 70 grant
a respite until after he had examined iesii-
mony taken as 70 the prisouei' mental con
dition
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
5oEs srqHY or rHE EzcArE.

l0Es sTIEF oF rHE Is AFE.
A reporter Of the HzRsln visited Joe Nice
" in bis cell ten minutes after be had
been returned 70 il. He said. o. I want to tell
you tie straight story, and everything tel
you W5E Be the truth We bean this JOB
four or hse days before We got oat ali the
prisoners were 70 90 excepting McCarty and
the co.ond man We knew all about the
work that had been done By the BOYS. bat I
insisted that The rope should be made out Of
the hamulos k. a. they could De easily buck
led tc-etrer bat the rss; wouldn't hear %
Il befause the hammocks we're white and
they re afraid that they would attract the
afte1riJn Of persons on the street We I'm
ished saving The locks Of the cell doors Just
after supper. and as il was then dusk We
went straight to The garrst.
only Humbertson. Dave and myself went
up the rest were 70 wait unul Humbsrison
Lad removed the outside brick While he
was doing this tied the Blankets together
with a rope that one Of the boys had taken
from the side Of q hammock ] thorght
could strnEthen it by tying several knots in
il before secured the end to a beam Of the
roof Whsu the hoiein the wall vas finished
looked OUT and ssw the sheriff and ano,h-
er man come down the side steps they went
around the corner and a. soon as the sound
Of their voices bad died away knew there
was no danger and letting the blankets and
rope down cravled ont the hoe. J had
only gotten 60En TO the irst blanket when
I islt the rope breaking above me have
bad ems lderahie experience in gymnastics.
and knew hoE 70 dx myself for fan It
on M feef. bat one foot struck sornefhlug
hard and tareE NY right ankle iial ouf of
plaoe eaught hold Of my fo,ir and pushed
it into Plaee and when 81 il on tie ground
I beard Il crack a8d knex that II va all
right F.y TINS time Dave came fumbiing
down ! sad hoW did you get through -
{ He answered. my leg Is broken Nine
Z Is badly sprained. / said HHmhertson
T came down tie water spout and vas al
( right ulen Ee started Tor the stable, Hum
bertson and in the lead in q minute we
heard some one yell
-Hnmbertzen said that Is Dave yelling
7 bat jast Al That moment Dave cane craEliug
I up and ssid. cant you bsip me- I r..
/ piled y0l are burr and 50 am I. and We vii
have % look oct f1r ourselves Humbert-
son started off 5u = run a. fast a. be could
3 % and { Hmped down the alley AFTER him
That vas ;hs last saN Of Hambertson, and
did not see Keiser at AL ny foot vas
paining ne dreadfally BAT managed 70 gei
over The board fence ar the foot of The alley
and hobsled through the fields until I cams
10 a hftle run-
laid down on the gress there until The
ground got warm under me, i must nav,
been a. lezs; an hour. Had made Up M
mind 70 give Hysef up If any one cam,
within calling distance heard people pass
ing alou the Rad but no one came into th'
field I could Sc a white bzTn IN the dist
anee ansl made for il, thinking ID stay ther
81 nigls aad set away the next night
th5usht IL would bs the safest place because
The people would not iook for Is 80 close 4
town hoped through the fields to th'
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
a TAIk WIN rae NICELY :.

TAX NTTH THE NTcELTs-
HERALB reporter stepped up to Dave
Niceiv's cell after the brothers we're rstarn-
II =, Tsii and vas invisel 70 % 30 h--l and
nsind your o~n d-d basiness. You fellows
have done all you could to convict as.
Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1891-05-26

tions to each other and to the order,
engage in public personal warfare,
through the press or otherwise, our
enemies are abundantly satisfied.
Loyalty to Alliance principles is the
only true alliance test, not only as to
membership, but it should faithfully be
applied in the selection of all officers,
from the steward in a subordinate ALI
ance to the president of the national al
lance. and it must be applied in the
selection of those who are to make and
execute our laws, if we would reason
ably hope for the reform which we
seek.
We want no foes within our camp
We can live better without them than
with them. Let the membership be
watchful and faithful. and guard with
untiring vigilance the principles Of
the order. Never was the outlook for
our cause so hopeful and encouraging.
We have only to be true to our princi-
Piles, true to our obligations and to our
noble order, and all will be well.
Fraternally, L. L. POLK,
President N. F. A. and I. u.
Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1891-05-26
Home of the Blondes.

The blonde, if she is to be found in
any numbers, must be looked for out
side Of the nations metropolis. The
fair-faced and light-haired American
woman of to-day is rather product of
the villages and the country than of the
eastern cities, where the population is
densest There are blonde girls in
abundance on the east side of New
York, where the Germans congregate;
there are some, too, on Murray hill, of
aristocratic lineage, and in Harlem,
where many Swedes live, there are
numbers of light-haired girls, but alto
gether they form comparatively small
percentage of the city's inhabitance.
The real stronghold of the blonde is
in the west and Northwest. There are
many blondes in Minnesota and the
Dakotas, the offspring of Scandinavian
parents, and they abound in Nebraska
and in southern Illinois, where large
colonies of Germans have settled.
There are multitudes of fair haired
girls in eastern Pennsylvania, the
daughters of the Pennsylvania Dutch,
and in Delaware, in Kentucky, in Bal
timore and in Philadelphia they are not
rare. But very generally in the east,
and especially in the large cities, brun-
cite women, that is the brown haired,
greatly outnumber the blondes as they
do IL in fact the world over.
The perfect blonde is the rarest type
of beauty; the medium, with gray or
blue eyes and brown hair are the most
numerous, but the pure brunette with
brown or black eyes and black hair are
the best wearing of all and generally
long lived.-N. Y. Evening World.