The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-03-18

! Aenober, on the mountain In Ambrose
presence. Later told Rauch about It, AID
directed him to go to Ligonier and with the
aid Of ose OF GiIkinson's men, to get II If be
could dom, know that RAuch had ever
heard of the pocket book until sent him
after it, believe he knew nothing of it until
/ | told him.
Mrs. A. A. Nicely said. Ny hashsnd did
not deny having the money. He said be
bad it in his pocket but they could 20; get
! H.
I Mrs. Barron said I saw David Nicely
February 2T. 81 our house, AZ or O'Clock,
two and half miles from Ligonier; came
from home he said. He went toward home.
was there at the time the men came for
pocket book. Mr.. Nicely did not deny
having money Sbafer Was a little drunk
am sister Of the Niceiy's.
Rufus Shsffer, recalled am not drink
ing man was not drunk that day did not
drink in Lgonier.
ARGUMEyrs.
Mr. Koontz opened for the prosecution
and said that il was not Judge Keenefs
duty to find the defendant guilty, but to de-
termine if the evidcnce wss sufficient to
carry it further; that there had been a COM
bination of ten who produced a wrong
pocket book, and that there were insirumen
lalities used at Somerset to bring about a
verdict of guilty.
He was followed by the defendants conn-
sci, Mr. Koo.er, who intimated what was
back of the case, and the real reason for
which this charge was instituted; that the
mother OF the Nicely boys resolved to this
last final move TO save her sons from the
doom which awaited them; that they
didn't dream Of a conviction, but that they
hoped to defeat or delay the execution Of the
law on April 2nd; that the prosecution was
not malicious one, but one deeper down
and for greater purposes; thst it shouldn't
20 to court, because OF lack OF evidence
and because Of the purpose.
Mr.. Cessna, also for the defendants, was
next He said that the statute Of limitation
cut the case oa,, and that even though ev'.
dence OF larceny was produced, the case must
be tired in Somerset county that il mus. he
an indictment before grand jury before the
expiration Of two years; that the case was
brought for the purpose of creating doubt in
the ninds of the Pardon Board, and, possi-
bly, to save the Nicelys that there was no
evidence adduced which could convict.
Judge Hunter. for the prosecution, closed
the case by saying that the magistrate must
decide whether or not there was sufficient
evidence to hold the accused; that if not
held the defendants counsel mus, show that
there is no positive proof, and that beyond
question or doubt, that positive evidence in
conspiracy is almost impossible; that if he
did not know that the larceny was commit
ted then 1t was his duty to send the case to
court that the result of this case would not
effect the fate OF the Nicelys, or tighten the
grief stricken wife and parents; that the
the pocket book submitted at the Nicely
trial was not that given by one Of the sccus
ed to be handed his father.
With this the case rested and Judge Keen
er held the prisoners on their own rscogni-
vance until such time as he should hand
down his decision.
After a thorosgh review of the evidence
Squire keeper decided that il was not sufi
cient to hold the defendants, and placed the
costs on the Nicely women. The witnesses
for the prosecution we're all near relatives Of
the condemned boys. This fact alone seem
ed to weigh against the prosecution. People
living in the Nicely neighborhood seemed to
think that the law should take its course in
the case of the Nicely boys, and they believe
them guilty.
1t has been stated during the week that
constable Rsuch had made information
against A. A. Nicely father of the doomed
boys, George Nicely and Watson Menoher,
ali of Ligonier, charging them with being
accessory after the fact to the robbery Of old
man Umberger, who was killed by the
Nicely boys, and also with receiving stolen
goods.
We are reliably informed that no such in
formation has been made