The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-03-18
The Nieelys' Hearing.
Their Cases Against Constable
Rauch and Others Dismissed.
me Nicely Women pay The costs.

I tors-
Tee Commonwealth was represented b,
wm. H Keontz OF somerses, and ex. juds,
Hun,sr. Of Gre=nsburg The defendants
Constable John O. R4nch, Ambrose shaFsr
and Camp. we're represented by Hon. Johs
Cessna, OF Bedford. ami Kooser. o
sOmsz-e,. aud A. d Bel. E-q, oiGrsens-
burg
Jadss Hante-. il his srganens as %
whether or not the evidence Of JOSEPH Nicely
Al the Souaeesei trizi .hoale BE submitted
sid = rhts iFiAl to-day is not By any
means flf the purpose Of securing 4 comma-
iAiion Of the sentence ofshe Nicely boys Il
/ i TOO late f,'r thar shey will be executed
God alone knOvs whether or not the test
/ mouy Ehich convicted thea ess false. and
% HIM these witnesses vii have to answer
Durine thus speech the mother Of the con
aemnsd boys. who bad heretofore sat on,
ely listening 10 ih= testimony. was much
n0ven. the fears streaming down hsr eiss.ks
When her ooans.l announced that her sous
xouid Re hanged beyond doubt. the sizhi
Eas su1icisut 10 move tie hardest bearS to
pity.
The larceny case vas first taken up Az
joseph N.osiy. vife Of the Condemned Jo-
ssph N.o=iy. vas lhe frst witness called. Ia
up1n BEN. sworn. said bad access 10 bis
books zBd ati.er papers be hsa a p<ss box
IN whieh he kept nis money when he s-s
q. .-,..s.,s -, ,,,..,..... ,s,.s . I - -.
ey ia ihsi pass book ten DAYS btf5fe be
Eas arrested John R4Gch sll Ibs g1ss book
and after be lefi iound il On Ia. window
he had The book in bis possession and when
he lef lh. book c0nizInod 10 money this
Sas on Msich 4Ih, two yezrs ago il can
tanned from 50 10 500 John R4ueh, my
husband and were al that were in the
room Rauch got the pOcksioOok and 10
ons esse- The defendants counsel here al
TEN pied 20 have witness contradict herself
tai with little rssult 4 point Of iAs was
Isised % submitting the testimony Of her
husband ai he trisi IL Somerset, Ehich
finally vas submitted
IL Griffith. sworn reside at Jenner-
town; ABOUT week after the arrest Of the
Nicelys Rauch came TO my store and told
ne lie had gOst-n either 81 OF SIS fron the
N.ceiys Ranch aid live in The same buli-
ding Ne have been On bad term. for months
ana haven't hzd conversation with him
for year
Peter Nogei. sworn ! am court sienozra-
pher and i've in somsrsei took notes al
the Nicely tuAl Here considerable time
q gzs consumed on a point Of law relative ~
The Submitting Of evidence. relating 70 ihis
then OF money Al the murder irisi in som
srset Ez Judge Hunter argued that Ranch
testified 70 having taken The money and
that The evidence should De submitted Mr
Cessna, OF Bedford. raised strenuous objec-
tons and the result sAs . vigorous contest
Tor and against The testimony. The evidence
was subGlisled- The testimony Is 10 the
effect that Rzach went into the roorr and
took from case pass book containing ssSl.
Ehicn be took sith him and failed 10 re-
turn. Rsuoh's testimony r2s TO me effect
shai he didaI ges the 30
A A. Nicely, father Of Joe and David
Nicely sworn heard my sons testimony
Rsach was there dlring the taking Of The
testimony.
Ms. Nicely lmo,her Of the convicted
boys, sKorn ] was al TIE trial IN Soner-
81 Rauch Ess present. when ny son iesii-
6ed thai Rsuch had taken The money.
Tie defendants coQasel here attempted to
PAT ar R4ach on the stand, but the prose
taiien otjeesed-
Counsei on both SIDES made loug srsu-
menls, and the discussion Of legal points
bearing thereon consumed fally half an
hours time. Judge Keener ralea to admit
bis testimony
NJ Rsueh said be lived in Jeuner town
ship, Somerset county th1 court appointed
me a speo.zl detective made investigations
R1fos saafier was my deputy be vas an
ace azintance; went with 4 warrant 10
Nicely's on The 4th Of March and found pass
books oCOnnor and Shzaer were with
me : O'Counor found the pass book while l
gusried Joe Nicely in an adjoining room
they examined il IA my presence and gave
il to me, Joe Nicely was present, and no
money was found ia the book fund a feE
collars IN bis pocket and returned it after
the hearing didn't gel any 50. nor did /
see any - We found on the 2lst Of March
a pooketbook I didn't steal. keep. get or
take money from any OF the Nioelys Grif-
dfh and haven't been friends since the
Nieely's arrest in returning mosey taken
from the Nioely boys they both said. that
was the correct smount.
Martin 0Connor. sworn i've in Somer-
81 county knox Kauch, ShaiieT and Nice
~ vas along when the lziier's arrest wss
made found 5 book IN the book case and
handed it, IN the presence Of another. to
Rauch arr sure there MAS 10 money II il
was Inst 10 20 10 the book case, and ] took
the pass book out myself.
Rufus Shsfsr, sEora was one Of the
party who arrested Nicsly 5Fss saw the
pass book IN O'Conner's hands there was
no money IN either l wss up stairs with
Mr.. A A Nicely and Q Conner several 9th
er persons were down stairs.
John B. T0mlnson. sworn Ranch and
Criieb6eld. in the 'squire's ofice, handed
Joseph and David Nicely The money previ-
oasly taken from them, only few dollars
Tie Nioeis boys we're satisfied a. what was
They. the Nicelysl we're asked
il iha, was all that had been taken. and they
rep!isd. ye
senator Criich6eld sworn l know tie
persons who arrested the Nicely boys and
xss present at the lAttsr's examination
was there as a witness 10 the moneys given
by the Nicelys before their commitment.
Jos Ambrose sworn i've in Idgonier, |
and was present a, the Nicely hearing |
Ranch handed the Niceiys the money tAken
from them when arrested. When they were
asked. Now, is TIA, right they replied,
-Ye7
squire Graham sworn am Justice Of
the Peace in Ligonier. Nicely came 10 me
for warrant in this case He said further
tbat il vas done Al the instance Of bis sttOr-
neys 70 secure infornssion 10 lay before the
Pardon Board
william Thomas sWern reside in Liz
onisr and work in livery stable hsnled
Dave Nicely to Lsughlinsiown he gave me
. pookeibcok and said TO give II 10 Watson
Neacher. Eho was 10 give II to his (Sicely'-l
fAiber OF wife. Connor and another party