The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
Their Case
TIE pErEx.e Z. Ax ,LlnL

Atta A'AaI p .HNia - 3 n hLILsN-
Shortly after court convened Thurs
morning, June 4th. VIM. H. Egu.|
ESQ., opened the case for the iefl--l
Ills opening was highly complimsl..l
THE LITTLE MAN on rnE STAND.
Joseph Nicely, sworn Live in Il 4
nier township, Westmoreland e5r
about three and one half mile from Z
nier am man of family: have Sci
children; my wife is living am lard
nine years old was living at home
February ; live about one-half mile fr
my father and about one-quarter Of
mile from my brother Dave farm soa
and labor on the 9th of February 4
at home about noon between T. an
O'Clock there was load Of Goa bulg'
there by Gilbert Ross; he was d.
about an hour staid at home an bod
after this; between 3 and ! O'Clock W.
to see Aaron Marks about painting
house got home about s O'Clock s1D.
was not ready and went 10 fathers \
Dan Getting on the way; took supper
fathers father, mother and two sissH
were there started home about 7oclll
passed Dawes house ami saw him at tls
window soon after ! got home went
bed. The witness accounted for B
whereabouts the next DAY ani until
was placed under arrest. Witness
shown the brown hat the bat IS q
color Of mine if it is my hat Il is chang
ed thert was a wire rim around h-i
and there was no piece out Of It the viz
had got loose and 1 got my wife 10 -
it up bought two pistols in Greensllr-
sometime last fall one for myself ard 9as
for father; needed pistol for shoota;
hogs lgnm boots shown to witness an.
identified as his; one sole was put %
about weeks before I was arrested, all
one about 10 days before 1 was arfesied
should say the distance from Jehna
town to Ligonier was about l5 OF /
miles | live 8 miles from Lgoaf'
did not 20 up the mountain on the -l
of February did not know anyihI' /
about the murder until ! was told Of d
On cross-exsminatiJn the witness 's
unable 10 account for his sbereabo1i'
any other days, excepting those He-
toned during the preceding year .
he had bought dark lantern found 4
his house for fishing; never used D; d I
signal light my brother Dave P1i l'
soles on the boots they were not phi r
after the 9th Of February
Gilbert Ross testified to seeing %.
prisoner at home on the afternoon "
9th Of February. Fixed the day BY 81
entry in his memorandum book.
Aaron Marx S swore that be bal -'-
Joe Nicely on the road near bis hol1 "
the same day. Fixed the day 's .
prayermeeiiBg that was held that ns--
Ii come out on cross-examinauon ''-'
this witness had been arrested )r s's'
ing sheep that the case was comp
missed by paying for them and ihal ~
Nicely had furnished him With ile n''
ey.
Lorenza Nicely, = yesf-o'd 'on I
Joe's was next called. Father was D'-'
on the afternoon Of Feb. 18th Iasi -
there when / came from school j VIZ.
to prayer-meeting tina; night iaihs.
in bed when I got back about @ oe.',-
talked to him saw him at 0'eaA--
next morning -
Harriet Nicely, Joe's wife, testified 20
her husband was home on the aiisTu'I,
and night Of Feb. 26th ami eorro'oi'...
his testimony as to the occurrence %
day. She did not think the bat ~"
her on the stand was her husband s.
hat had no piece out Of the rim. r
Mrs. Elizabeth Nicely-Am vie
Anthony Nicely am 81 wears oll ~. :.
mother of the two defendants ui'
see Dave on the 27th Of February
Joe that evening at our house ~
know exactly what time it was j