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

The defense set up by the counsel for the
Nicely boys was an alibi, and, especially in
the case of Joseph, they set up one which
seemed almost unassailable.
The defense started at noon on the day of
the murder. Gilbert Ross said he hauled a
load OF coal to Joseph's house between L
and 1 P. NJ, and Joseph followed him out
to the fence and closed the bars. Ross fixed
the date by his delivery book. Aaron
Marks, neighbor, said Joe was at his house
about o'clock that afternoon, arranging
to paint Marks house if the latter would
help him build a fish pond. John Koontz
swore he saw Joseph leaving Marks house
that afternoon. Joseph. his wife and his
SOL. Lorenzo. united in testifying that
Joseph was home between and 6 o'clock;
that he fed his cattle and, supper not being
ready, started for his fathers house, half
mile away, to arrange for hauling some
wheat.
An Important Witness for the Defense.
Perhaps the most important witness in
fixing Joseph's absence from the scene of
the crime was David A. Geeting. He
worked in sawmill, and was on his way
home between and o'clock, after putting
in 10T hours work, as shown BY his time
book. He was carrying his cant-hook, which
he had broken, when he met Joseph on his
vav 70 his fathers bonse II wos ;nst ot
az. +;r,. ,h,t ,ho u,harror ,,rrdar 20, -,
curing Is miles away, the only way of
reaching the scene being over the mountain
road. Geetlng talked to Joseph for min
ute or two and then went on.
They-met again the next morning at the
h,,,L.,,;,h .hon uharo co.,;nn os b.u;,
".n ,..n snop' 80 s "a' na'.ns
MS canthooA iepaiieu' WHICH iac' was i"-
pressed upon the witness memory because
he lost half day on that account, as shown
by his time book. John Barron, the black
smith, also fixed the date of repairing the
cant-hook and seeing Joseph at his forge on
tne uaJ ai'ei LatoS sne = aioa h; l sestl-
sbowinr what work he did each dav.
~ a.. :. a., u..
'oSepn A'o supper az 'Ao no'''"u'
The father and mother OF the boys, and
their two sisters. Hettie Nicely and Mrs.
Ella Menoher, were POSITIVE tnat Joseph ate
supper at the house that evening, and that
Joseph ana MS iatner discussed tne pro-
posed hauling of wheat the next day, which
was deferred on account OF bad weather.
Then the David alibi was taken up, and
Mrs. Sarah Barron, near nelghbor, said
that David came to her mouse Tor butter be-
tween ana CLOCK In the afternoon. She
could not supply him. but promised to let
him have somethe next DAY, thursday, which
was her regular churnlng day. Davld COM
planned OF pelng unWeil, ana startea lor MS
home, IN an opposlle oirectlon 10 tne mount
ain. DAVID ana MS vile swore that ne was
at home all that afternoon and evening, and
were corroborated by DAVIS Fayne and
Hettie Nicely, VINO visited tne mouse that
evening ana TAXED 70 DaVio; 80
All tne Witnesses ior the Nicely n4eu the
date as Weonesday' because on tnat evening
the regular weekly PRAYER M meeting was heid
at MI; Iion Cnuion, "nn was seheraiiy
hnrhnod
p.u.,,,uu ,,..,.h,. ~ 81. c,,r
.-.
Inc de1ense aiter proving, from us stand
point, an allol Ior Dotn tne oeienoahts, pro-
ceeded 10 strengthen Ineir case py evidence
to show tnat DaVid NIeeI! was Pnyslcaily
incapable OF waIklng oo mlies .ne greater
part OF the. way over mountain, ,'and all the
way over bad ROADS MADE worse Dy snow and
siuSh. ,.
Inc Nlceiys iamiy PnysiSian S nau IL uiea
snortiy aiter tne arpest VI tne o1ys' 80 tue oe-
tense called ": PIuoaKer, VINO nao Deen
treating Davlo IN ian: Inc physician said
tnat DAVID was suIering from PeftroPny or
overgro"tn OF tne ngart an organic uisease
OF some stsnaing. In repose tne prisoner
heartoeats were lo or ~ minute ABOVE the
normal, ana incapaGltated MIN from severe
exercise. In answer TO question
as to the effect OF Walking upon the DrlS-
oner, Dr. brupaker replled: he #ouid oe
liable to sudden death under long continued
exercise. Ihe natural peat OF MS heart now
is "a to the minute. When man walks
!apiuiy evSfy sseUnI sas ~ ss ~ aS
bv tbe OUTGOING of the blood and NAV Choke.
~ II NAV lose he mower of Contracting. and
40 canse 3e.tb
-.