davidaulloa/AmericanStories huggingface dataset:
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1891-02-05
VARIED SPOONS.
Suggestive Changes and Comb'nat' ons In
Form and Method of Using.

Two inventive geniuses have evolved
two variations of the spoon. but the
particular purpose for which each is
intended i not referred to by either in
applying for patents. No models
were filed with the applications and
descriptions, and only one illustrated
the method of handling. The first
genius description, as condensed, is:
"A spoon having the shank of the
handle at an obtuse angle to line
passed lengthwise through the center
of the bowl, and having the head of
the handle bent at an obtuse angle to
the shank"
The description of the other is: "The
combination, with spoon, of slid
able scraper inclosing the bowl, q
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1891-02-05
oil Arat.

The aboriginal people of all countries
seem to have developed, up 10 certain
point very much the same ideaS OF haFa,
architecture, canoes cut out Oh logs, ana
subsequently boats fashioned OF hghC
frames Of wood and covered Win the
skins Of animals or the park Oh trees
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1891-02-05

WE ali do much to-day that we know
we will regret omorrow. A mans
foresight is good deal better than is
generally imagined.
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1891-02-05

Too strong resemblance: Photog-
rapher-Now try to look like yourself.
Noting the effect)-Wel, er, um-m;
try to look like somebody else.
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1891-02-05

tube on the back of the spoon handle,
a spring pressed rod mounted in the
tube and connected with the scraper,
and handle mounted loosely on the
spoon handle and connected with the
spring pressed rod"
The first variation is sugge stive Of
an effort on behalf of the wearers Of
mustaches. To sip from the side OF
the bowl of a spoon is correct, accord
ing to table manners, and the wearer
of q mustache has to use the common
spoon in that way, or go without soup,
if he objects to being an unpleasant
object with the edge of his mustache
dripping with food. Besides be-
ing an offense against good manners,
it is awkward to thrust out the
hand and wrist in efforts to
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1891-02-05

PROPOSED LINE ACROSS iHE
MICHIGAN PENINSULA.

Aboriginos Set tho Example TO ho'orn
Engineers in Their PortaGes Across the
,a,huus of Panama-Schcmcs0 oil a Siilh-
i.r Nature Now Under way
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1891-02-05

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

town, where the Johnstown pike, on which
Umberger lived, crosses the Philadelphia
pike, they, according to the theory OF the
Commonwealth, struck off from the high
road, and pushing on through thicklv-
wooded hollow, emerged in the rear of the
Umberger house.
Links In the Chain of Evidence.
At the trial the Commonwealth produced
pocketbook, said to be the one sent by
David to his wife after his arrest, and identi-
fed it as one of the pocketbooks stolen from
Farmer Umberger. A common red and
white spotted handkerchief found in David
Nicely's pocket was identified by Ella
Stern, Umberger's domestic, as having been
worn around the face of the larger Of the two
men, and his overcoat was identified by the
little granddaughter by reason of patch on
1t. 1t was also proven that the smaller man
wore brown derby hat with hole in the
brim. Such hat was produced as having
been found in Joseph Nicely's house.
Other testimony was taken to show that
two men were tracked over the mountain to
within a mile of the Umberger farm, by
their footprints in the snow. One man was
wearing gum boots and the other leather
boots: Both leather and gum boots were
found at each Of the Nicely houses. The
trail was not taken up until the day after
the murder, the tracks were not measured to
see if they conformed to the size and shape
of the boots worn by the Nicelys, and the
defense proved that number of persons had
crossed the mountain after the murder and
before the trail was taken. A pair of COM
mon overalls, found in DavId's house, were
also produced as q link in the chain, the
taller of Umberger's assailants having worn
just such garments.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25
SEEKING FRESH CLEWS.
THE VERY REMARKABLE CONFESSION
OF JOHN BEACH.
Corroborative Testimony Produced-Result
of Mothers Sadness-The Phrenologist
and His Mysterious Vlsitor-A Stranger
Who Knew All About the Murder.

The counsel for the Nicelys were conf
dent of the innocence OF their clients, and
believed them to be the victims of popular
clamor for blood. They arrived at the con-
clusion that In order to prove their clients
guiltless it was necessary to find the actual
criminals, something that is not expected
from counsel for the defense under the Con-
stitution, which holds every man innocent
until the Commonwealth proves beyond
doubt that he is guilty.
Inquiries were made in the neighborhood
of the Umberger farm, and there it was
learned that week or two before the MUIR
der travelling 'phrenologist had been doing
a good business in the community, and be-
sides getting acquainted with the bumps on
the farmers craniums. had probably learned
something about their households, customs
and probable wealth. This man would stop
over night at farmhouse, and being good
talker, was welcome guest.
The Phrenologist and the Stranger.
A Mrs. Beale entertained the phrenolo-
gist for several days, but had forgotten the
name he gave. Two days before the Um-
berger murder, stranger called at her
house and inquired for the phrenologist.
They both went into the parlor, and when
Mrs. Beale came into the room again the
men were sitting side by side on the lounge
and talking in whispers. The stranger left
shortly. and the next day the phrenologist
went away, to return on the Friday after
the murder, for which date he had pro-
fessional engagement at neighboring farm.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25

of his victim, and thus furnish evidence
against himself, without any possibility of
reeompense to pay for the risk. Again, they
argued and proved, he had ample time and
opportunity to get rid of the pocketbook,
while he was kept under arrest all night at
the National Hotel in Ligonier.
Right in the same line was the evidence
produced TO offset the production of the
derby hat, which Mrs. Umberger identified
by hole in the brim. as having been worn
by the smaller of her husbands two assail-
ants. The defense did not deny that the hat
in court belonged to Joseph, but produced
witnesses who swore most positively that
there was no hole in the brim when the hat
was taken from Joseph's house week or
more after the murder. Evidence was given
to show that the patch on David's coat,
which led to its Identification by little Nan
ME Umberger, was not sewn on until after
the murder. The handkerchief and overalls
were of such common pattern, that the de-
tense held that it would be impossible to
identify them.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25

but the latter was not positive. To offset
this William McIlvaine said he met Beener
and McCracken a little later, and that Nc
Cracker said Beener had asked him who the
man was, but he did not know, and on the
day of the hearing of the habeas corpus pro-
ceedings McCracken said he did not know
the man.
Mrs. Mary Walter, who lived on the pike,
two and one.half miles west of Jennertown,
had seen two men coming along the road
between 8 and o'clock on the evening Of
the murder. She identified Joseph and
David Nicely in court as the men, although
she had not recognized them at the prelimi-
nary hearing several weeks before.
In addition to this tracks were found in
the snow leading from the Umberger house
over the mountains in the direction of Ligo-
nier.
On the Monday after the murder Joseph
and David Nicely were arrested at their
homes. In Joseph's house was found q
brown derby hat, q pair of gum boots with
leather soles, an old rim-fre pistol which
would not fire cartridge, and box con-
tanning center-fre and rim-fire cartridges.
In David's house was found q gray cap, a
pair of common yellow-striped overalls,
leather boots and a pair of gum boots. a rim
fire revolver with the chambers loaded.
David was wearing, when arrested, gray
overcoat, with several patches of darker
color.
The prisoners were taken to the National
Hotel at Ligonier, then kept by Watson
Menoher, who was married to sister of the
Nicely boys. They were kept there all
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25
THE STORY OF THE CRIME.
HOW FARMER UMBERGER WAS KILLED
BY MASKED MEN.
He Was His Own Banker-A Quiet Home
Disturbed by Robbers-The Murder
The Search for Concealed Wealth-Died
at His Wife's Feet-The Alarm Bell.

Herman Umberger owned farm of 135
acres in Somerset county, on the Johnstown
pike. about two miles from Jennertown, a
village of less than dozen houses. Um-
berger was about Il years old, and bore a
reputation for thrift and wealth. His farm
was fertile and we'll titled, and the old gen
tlemau had added to his store by lending
money on well-seeured notes.
The old mans household consisted, be-
sides himself, OF his second wife, Nancy, to
whom be had been married 80 years; Mamie
Horner 10 years old, and George Horner,
18 years old, grandchildren of Mrs. Um-
berger by former husband, and the hired
girl, Ella Stern. While the house was stu
ated on the high road, visitors were few and
lived half mile away.
Umberger Banked With Himself.
Shortly before the murder was committed
Umberger began collecting on such notes as
he held which were maturing, and notified
his debtors to come to the front with prompt
ness. Everyone in the neighborhood knew
of this, and also knew that the old man
kept large sums of money in his house.
There was another reason for this besides a
distrust of the wsyward cashier who leaves
an empty vault and bad reputation. The
nearest bank was at Somerset, which could
only be reached by driving Is miles over
very rough roads, very heavy undertak-
ing for a man who had passed his three
score years and ten.
AS result, the old gentleman often had
large sums Of money in his house. This he
would keep in couple of capacious, we'll
worn pocketbooks, which he concealed in
the back of bureau drawer in his bedroom.
Evening in the Farmers Household.
When dusk fell on the Umberger home
stead on Wednesday evening, February q,
1889, the family, with the exception of
George Horner, who had gone to a store
three miles awa-, were seated around the
stove in the lOw-ceilinged living room. II
was dreary evening. Sleet was falling
fast, giving to tine snow-clad landscape q
gray tinge, in sad harmony with the dark
sky, hung low with clouds, while the rest
less pines around the old house shivered
and ratified their naked branches.
the evening meal was over, the house
wife's work was done, the stock had been
fed and were warmly sheltered in the great
red barns across the road, which contrasted
strongly with the little two-story dwelling,
from which the white paint had fallen in
fakes. The little granddaughter and the
domestic were talking and laughing in
whispers, the old lady was plying her knit
ting needles, while Farmer Umberger, in
his shirt sleeves, was wrapt in financial cal
culations.
Shortly before z o'clock there was
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25

In eight days from to-day Joseph and
David Nicely are to be hanged in Somerset
Jail for the murder of Herman Z m berger on
the evening of February 27, 1889. The
devices of the law have been exhausted in
behalf of the prisoners and their only hope
now lies in the interposition of Governor
Pattisou.
The case is one which has excited great
interest throughout the State, and that in
terest has not abated, although two years
have elapsed since the murder The sensa-
tional iail-breaking episode, the pleas be-
fore the Pardon Board, and the cases that
grew out of the tragedy in the rural courts.
have all drawn public attention toward the
condemned men and the evidence upon
which they were convicted. In order to
furnish readers with complete and un-
prejudiced narrative of the tragedy and the
trial, THE DISPATCH detailed member of
its staff to visit the scene of the crime,
which virtually embraces both the counties
OF Somerset and Westmoreland. The re-
suit of that investigation is given herewith.
The evidence against the Nicely boys was
sensational and the testimony was very oon-
Trajectory. At the time of the trial almost
convinced of the guilt of the prisoners, and
the verdict returned was the most popular
document ever drawn up in that county.
The attempts of the prisoners to escape after
their conviction but more strongly con-
WINGED the people of their guilt
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25

grandma, grandpap is shot," and fed to q
neighbours house.
The ringing of the alarm bell and the
screams of the two girls as they fed along
the dark country roads soon aroused the
neighborhood, and ten minutes after Farmer
Umberger fell dead the house was filed
with farmers and their families, who found
Mrs. Umberger still ringing the bell, while
her husbands dead body lay at her feet.
The men who had committed the murder
and robbery had escaped in the darkness,
leaving no clew behind.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25

who warned him if he gave any testimony
in this matter favorable to the Nicelys that
he would become unpopular. and that there
would be money in it il he lodged the serv-
ice of the subpoena.
The country has been secured for months
to find a trace of the man who swore to the
confession at Justice Kings Office, but until
the last few days no clew had been found.
Now, however, it is believed that Beach has
been located, and it is only question Of a
few days until he will be confronted with
the confession purporting to be written by
him. 1t is chiefly for the purpose of secur-
ing time to find this man that Governor
Pattison will be asked this week to grant an
extension of the time fixed for the execu-
ton.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25
LOOKING TO PATTISON FOR A REPRIEVE.
The Evidence Produced Against the Men Condemned to Be
Hanged Next Week.
STRANGE STORY OF A DARKLy-MYSTERIOUS TRAGEDY.


Jewery-The of Umberger-Alarming
Counryside-Rewards Murderers-Tracks
NceysPopular Feeling Against the
racity AbA Verdict
Jury
Mysterious
Stranger Knew
FreedomCrippled
BoysThe Haunted Opinion
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25

night, but were given considerable liberty,
and had several opportunities to get rid of
any articles in their possession which might
be used as evidence against them. On the
way over to Somerset the next day David
gave the driver of the carriage his pocket
father. The book contained 500 and some
private papers.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25

"Why did we try to escape? Why should
we stay here when we were innocent7" said
Joseph Nicely to The DISPATCH man,
when interviewed in his cell in the Somerset
Jail.
The Nicely boys occupy adjoining cells in
the second story of the little Jail, which
stands by itself between the Court House
and the Sherif's residence. The jail is Of
brick, sheathed inside with iron, with
plentiful supply of heavily grated doorL
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25

When the news of the Umberger tragedy
spread a perfect tempest of wrath was
awakened in the bosoms of the farmers of
Somerset county. This feeling was first
aroused by the peculiarly fagrant character
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25
BREAKS, FOR LIBERTY.
THE ATTEMPTS TO ESCAPE MADE BY
THE NICELY BOYS.

Very Brief Season of Freedom-Threats
of Lynching-Breaking Through the
Wall-The Wounded FuSitives Cap
tured Again.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25
TRACKS IN THE SNOW
LEAD UP TO THE ARREST OF THE TWO
NICELY BOYS.

Somerset Farmers Incensed by the Um-
berger Tragedy Rewards offered for
the Conviction of the Murderers-Search-
ing the Houses of Suspects.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25
NICELY BOYS TALK.
THEY TRIED TO ESCAPE BECAUSE THEY
WERE INNOCENT.

Determined Not to Suffer From the Mis-
takes Of Court and j Jury-Confdent That
the Criminals Will Yet Be Found
Preparations for the Execution.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25
FIXING THE CRIME.
EVIDENCE PRODUCED BY THE COMMON.
WEALTH,

The Defense Afraid of the Effect of the
McClellandtown Gang Trial-PIea for a
Change of Venue Hopeless-A Suspect
Threatened With Lynohing.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25
SENTENCED TO DEATH.
BOTH MEN CONVICTED OF MURDER IN
THE FIRST DEGREE.

Clamor in Court Causes an Appeal for a
New Trial-The Influence of Popular
Sentiment-Every Avenue of Escape
Closed and the Execution FiIed-A Re-
pentant Juror.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25
PROVING AN ALIBI.
A STRONG LINE OF DEFENSE FOR THE
NICELY BROTHERS.

Many Witnesses Who Swear That Joseph
and David We're 15 Miles Away When
the Murder Happened-David Incapaci-
tated by Heart Disease.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25


had written it and signed it himself. Then
the Squire swore him in the usual form.
Carried Big Roll of Money.
The stranger pulled out big pocketbook
full of money, the Squire estimating that
there was at least 81, 900 in it. He selected
a S5 bill and asked the Justice to change it,
but the latter could not, and the stranger
gave him quarter.
The man took the document he had sworn
to. wrapped it in a newspaper and tied a
string around. At first he acted as if he were
going to put it in his pocket and afterward
in his yaiise, but finally he handed it to the
'So uire, saying, 81 am going to see friend
tonight; won't you keep it till morning for
me; it is useless for me to carry it along with
us. will be back this way in the morning
and will get it."
The Justice took the paper, locked it in
his desk and the man walked away, never
returning for the paper. Several days later
the Squire examined it, and when he dis
covered what it was, forwarded it to the
prisoners counsel, not knowing the address
of the Nicely family.
William Burkholder, Amos Sipe and
James d. Mountain, three of the men with
John Beach on his Western tour, were found
and corroborated the con niession so far as the
details of that trip were concerned.
Identified by an Old Photograph.
Burkholder had photograph of Beach
taken some years before, and this Justice
King recognized as bearing a remarkable
resemblance to the man he qualified on that
Sunday evening in June. Beach was a
tall man, with thick whiskers and beard
heavily tinged with gray.
Mountain, in his statement, said he had
been approached by well-dressed stranger
Dodge City times., 1891-01-09

tered of our citizens each year since the
birth of the Nation, is one Of the main
causes of this continued Indian trouble.
The Indian has been taught by this
treatment that the way to get what he
wants from the government is to kill,
scalp and torture number Of our set
tiers, and the more he wants, the more
scalps he takes. If the Indian Is hu-
man let him SO act. and by what means
has he avoided the divine injunction,
s'by the sweat of thy brow shalt thou
earn thy bread" When the time is
come that the weak and cruel sentiment
concerning the Indian gives way to q
healthy opinion that he is neither a
brute nor an angel, but a low order Of
mankind, and should be praised for his
virtues and punished for his misdeeds,
earn bis own living, in short act like
a man, when this time has come the
Indian trouble will be done. Phe
Government has been monkeying with
this question at the expense Of many
, settlers life, for more than a century.
and the only Indian that has really be-
come good is he who is taught to vork,
and made to work, or given free pass
to the happy hunting grounds by the
powder and lead route.
Dodge City times., 1891-01-09
the QUEENS LATEST OFFER.

In the Queens "Word Contest
which the publishers Of that magazine
announce as the last one they will ever
offer, free education consisting Of a
three years course in any American or
Canadian Seminary or College, includ-
ing all expenses, tuition, and board, to
be paid by the publishers of the Queen
or one year abroad, consisting Of one
entire years travel in Europe, all ex-
penses to be paid, will be given to the
person sending the largest list Of words
made from the text which is announc
ed in the last issue of The Queen. A
special deposit Of $3.50 has been made
in the Dominion Bank of Canada, to
carry out this offer. Many other use
full and valuable prizes will be awarded
iu order of merit. The publishers Of
the Quene have made their popular fam
lily magazine famous throughout the
United States and Canada by the liber
al prizes given in their former compe-
titions, and as this will positively be
the last one offered, they intend to
make it excel all others as regards the
value Of the prizes. Send six two U.
S. stamps for copy of the Queen con-
tanning text, complete rules and list Of
prizes. Address, The Canadian Queen
Toronto, Canada.
Dodge City times., 1891-01-09

The playful Indians of the West and
Northwest while simply indulging in
one of their favorite amusements Of
dancing and killing few settlers upon
Uncle Sans domain, and because they
killed few dozen soldiers, were ruth
lessly shot down by the hard hearted
comra6s of the slain soldiers. But
Uncle Samuel, ever ready to protect
his wards, if not has citizens, promptly
suspended Col. Forsyth. The suppo-
sition is that he will be removed for in
terferirg with the Indians in what has
been their favorite pastime. 1t may
be the placing Of the troops or the man
ner Of conducting the fight vas not the
best. But it is TO be remembered that
the attack Of the Indians was an act Of
treachery and surprise, and at such
close quarters that the FIRST volley BY
the Indians was deadly in its eject up
On the soldiers. The killing of a few
squavs aud their pgPs BY the return
fire of the troops was done IN sslfae-
fense, and thank God, was done in time
to prevent another Custer massacre
The silly, sentimental twaddle INDUCED
in by maoy aniaf0rmed papers. as veil
rs people, over the killing OF 90 han-
dredth part of the number Of these
lazy, vermin-infested Government pets
hat these same red devils have slaueh-
Dodge City times., 1891-01-09
Look Out.

In Northwestern Kansas a great
many of the boards Of county com mis-
sioners have offered liberal premiums
for wolf, rabbit and gopher scalps, as
a means of relieving the famine-stri
en- settlers, as we'll as to rid the region
of these pests to farmers. No one,
however, seems to have counted the
cost of the experiment. The county
treasurers have become alarmed for the
finances, as the scalps are coming in BY
wagon loads. In Decatur county the
treasurer was obliged to pay out s17OO
in one Gay and $1,000 during the week
for scalps The extraordinary number
of varmints in Northwestern Kansas
was never suspected efore.-Philadel-
phia Record.