davidaulloa/AmericanStories huggingface dataset:
Telegram-herald., 1891-06-18

constitutes q most h.gh-hsnded and
daring assumption OF power, which Is
without parallel IN the history Of Con-
stitutlonal Governments, and danger
Qua 10 Constitutional Governments, and
dangerous 20 the constitutional Liberty
OF the American people, and that the
long incarceration Of citizens 80 az
Rested, IN filthy and unhealthy forts
and prisons. distant from their homes
and friends, without examination or
trial, constitutes degree Of remorseiess
cruelty, more betting the character of
Turkish despot than President OF
the American Republic"
Resolved, That the Emancipation
Proclamation of the President, on the
lst of January 1868. is unauthorized by
the Constitution and laws OF the land,
and Is, as q war measure, not only I'M
wise, but III It's natural tendency, OF the
most evil and pernicious consequences,
being directly calculated. First. to
forever ALLEVIATE the loyal feelings OF
every union man in the seeding
states; second, drive alternately the
border slave states out OF the Union;
third, 10 more etfeetually irrltate and
exasperate the Southern people, who
are already arrayed in arms against US,
and thus procrastlpate the bloody.
INTESTINE war that Is desolating the
country, and destroying the laws of our
p,onie -
Telegram-herald., 1891-06-18

HON. A. c. ADsIr. yUDGs.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
Story Of the Crime.


The crime for which the Nicely broth
ers we're hanged was the murder for gain
Of Herman Umberger. & wealthy farmer
living near Jennerfown. The crime was
committed on the evening OF February
2, 1859. The two Nicelys, partially dis
guised, entered the house Of Umberger
in the guise Of officers searching for Jew
elry stolen from = peddler L was well
known that Umberger was rich, and,
fearing hanks, kept his money in bis
house. Tosecare bis savings was the real
object oftts Nicelys. In looking through
the house they came upon two weli-diled
pocketbooks in q burezn drawer. which
Mr.. Umberger picked Up and placed in
his pocket This was the signal FOR
volIey Of fatal bullets from the two
thieves, and robbine the expiring man,
they fed. The amount Of money stolen
was between $4,000 and $4,000 The
arrest and trial Of the Nicelys fol-
lowed and they we're found guilty. Twice
they broke AL and were reeaptured and
once an ineEectual attempt was made.
The best legal talent attaiuable was re-
tanned By them. and no money spared to
either secnre a pardon or eommutatiOn
Of the death sentence that followed their
conviction. All these efforts proved IN
zvailiue. and the lives Of the murderers
went out % repay justice for their crime
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
Outside the Jail.


Two guards. armed with Winchester
rifles, stood on the aeps Of the veranda
IN front Of the sheifh-'s efies and care
fally scrutinized every pass before they
permitted the holder TO pass into the jail.
Those who held pass Of adElission had
a difficult struggle before they sueeeeded
IN elbowing their way through the dense
crowd to the door
When the drop fell il WAS with bang
that resoanded throughout the court and
jail yards and adjoining squares ike far-
OF clap OF thunder. and was heard by
not less than three thousand people, wao
realized the inst4n; the sound penetrated
their ears that all vas at an end with the
Nicely boys. The bare limbs OF two
large trees between the Jail and court
house we're crowded with men and boys.
who evidently hoped that from their
elevated point Of view they would be
able 10 peer through the solid walls or
the heavy frette9 glass Of the snail
window that opens into the earridor On
ghicb the death traps are located, and
thas enable them TO view the fnai act
in the ghas.ly tragedy. A heavy, wet
snow that had been Discerning al DAY
was still coming down The swara Of
the jail and court yards had been chop
ped into 3 sticky mortar by the thoG-
sands Of men who bad trampei around
the buildinzs throughout the morning,
bat these facts DID not deter from two
70 three thousand men and large num-
Der Of women from standing ankie-deep
in mud and with their garments thor
oughly drenched, until after they had
seen the collins containing the bodies Of
the victims deposited in the undertaker's
wagon Tie sidewalks II front Of the
court house and jail we're jammed fall Of
curious people, while the Offices and
residences from which a view Of the
prison was to be had were filled viii
strangers, eager thzt nathing should es
cape their observation The instant the
drop fell the great crowd pashed toward
I the jail. A nnnber Of the more morbidlg
curious climbed onto the window sill;
and peered between the bars covering tbs
lights in the Sheriff office while TIE
boiies were being emb1lmed and placed
in the eotiins. When the collins WeFs
finally carried from the jail and placed
in undertaken Lowry's wagon msE
crowded around the covered vehicle il
swarms and II was with difficulty ths
the driver made his way through tbs
crowd
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
42. SOMERSET WEDNESDAY, APRIL 8, 1891.

his surroundings but frequently bright
ensd up and appeared TO tIke an inter
est IN the admonisions Of his spiritual
advisor, who gently and kindly talked 70
him il 50 low a tone Of voice that the
sound Of thei. voices died ere It reached
the grated bars Of his cell door. There
vas something terrifying in the spectA-
Gle and its influence forced itself upon
the death watchers who erept rather
than walked along the narrow passage
way fronting the cells. occasionally steal
ing a sympathetic glance upon the men
who, the next night, would have passed
beyond their custody.
In JOe's cell the spectacle was even
more mournful. His footsteps, which
we're distinctly heard in the afternoon
echoing through the halls as they fAlter-
ed tri4nzulariy through the cell. were
now catlike in their silence, and he seem
ed to glide rather than walk as be went
from bolthead to bolthead now feeling
At the washboards; now pausing al bis
bedside bat always moving either his
feet or his hands, or his whole body.
The entrance Of the minister or that Of
some new person, the movements Of
those outside his cell, never for moment
attracted his attention, nor did he once
raise his eyes or look out through bis
cell door during the whole Of the long
evening he has the appearance OF one
in both mental and physical collapse. If
he Is shamming, there has not been a
flaw in the scheme Of deception, and he
has carried it ont with a fidelity 70 detail
that is simply past belief
Ex-deputy sheriff McMiIlen said
shortly before midnight: 4 am not yet
satisfied that Joe Is insane. know him
so well. He is great schemer, and once
ne takes hold Of a thing he viii stick to
it. / still think he IS shamming. have
watched the employment by him Of some
Of his senses when his actions would
give the idea that he Is absolutely obliy-
ions 10 his surroundings. 4 day or two
ago, when test OF the trap was being
made he cooked his ears and looked past
me a. sanely as ever he did, and in
moment he was apparently entirely
off,
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
Early Morning in Their Cells.

Dave Nicely arose this morning 20
minutes before o'clock. He said to
George Witt, a member Of the death
watch, Il was worked up to such a pitch
last night that I slept bat very little. l
never bad much pleasure in this world.
Al I ever had vas with my children No
father could have thought more Of his
children than I have
Turning to Witt. he asked, ii one Of
your children asked for a fish would you
give him a snake % Witt replied that he
would not, and Dave continued, "weli,
believe if / ask Christ for something
good he viii not give me something bad
The guard say that he was restless
throughout the night and turned on his
cot every hslfhOur.
JOE AB6SDoSs THE INSANITY DODGE
Joe arose about five minutes after bis
brother. and when Witt entered his cell
and led him 70 the washbasin he asked,
@how do you feel, Joe -
-First-rzte," came prompt response
from the lips that have not uttered
sound for more than zen days what
day Is this q he asked Of Witt
he was told that It was THURSDAY
When his breakfast was brought in a
few minutes later he said, after taking
few bites. athis tastes first-rate."
Here the Sheriff entered his cell and
said, how are you feeling. Joe p
lam feeling pretty well" answered
the prisoner, and then asked the Sheriff
the dav Of the week @JOe, said Sheriff
Good. don't you want to see minis
ter
IS Pap here ~ was his reply. On be
ing informed that his f.ther had not ar
rived, he requested that the minister
who had been visiting Daye-Elder
Granger sent for. and asked for his
satehel. When the satchel was handed
. him he took from II clean shirt, collar,
neektie and cutf-buttons. and after plae-
ing q few articles Of soiled linen in it
/ requested that it be sent to his family.
I After this he asked if his wife had come
4 to Somerset, and learning that she had
not. he began writing letter to her at
( 5 o'clock and was writing when the Il
der arrived, half an hour sfterwsrd-
+ Elder Granger spent few minutes in
his cell and then retired until Joe had
completed his letter. He had entirely
broken down when he had finished
writing, and wept bitterly Mrs Good
came into the corridor about 10 o'clock
and exchanged a few words with the
wretched man. @If only you are pre-
pared TO die, joe said Mrs. GOOd-
4 am prepared he replied, and great
tears rolled down his cheeks
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
1000 coPIESl
HIGH WATER MARK.
e6siou Of 1000 Copies Of the Her
,5 Sold and Orders for Thousands
More Received.

On last Thursday, April ?,
rur HERALD published a
mage ~Extra" regular
urRsL.D size-devoted entire
: 70 mattersf and incidents
lining to the murder Of
Ee-man Umberger and the
--est. trial and execution of
= murderers. The first edi-
--,r of 1.5oo copies was sold
rapidly as the papers could
bs taken from the press, to
.Ls anxious crowd that sur
--rnded the HERALD Office. A
Lslfhour later g second edi-
ron was put to press, and
zoo copies struck of. This
s1-;-e edition was disposed Of
= newsboys and local news
isalers, and orders we're re-
-s;ved through the mail for
sereral thousand copies that
could not be supplied. This
.eks edition Of the Herald
see the Extra and
% Il 1000 better.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08

c. 4. Lowry, a Ligonier undertaken,
together with his assistant G. ". Deeds,
arrived in town last night at the instance
Of the father Ofthe Nicelys 70 take home
the remains Of the men directly after
the exe--.iou Is over. 4lr Lowry said,
81 1Ir- Nicely instructed me 70 take charge
Of the remains Of both boys as soon as
the sherif shall have finished with
them. ] an TO taks charge Of the re-
mains without removing the black caps,
place them in the coffins furnished By
the county Of somerset and start with
them flr Ligouisr at once We should
arrive there sometime to-mOrroE night
No one must be allowed 70 see the re-
mains. not even the faces Of the dead
men. When arrive home I shall at
once Droceed To embalm the bodies aud
prepare them for burial They are 20 be
placed in two Of my cotins and buried
in them. These are the old mans orders.
He said 70 me this morning, the collins
that VEG may bring them home N may
be a. good and may be even better than
those 1 snail be abe b bury them in,
but they uust be buried IN ny coHiRs
and you mast b1rn those that they were
brought home in. Make no show Of my
/ BOYS in Somerset but come home imme-
diately afsr you get them
4 think the faaeral vii tax place
about Sunday. as 1ir Nicely vas anxious
/ 20 know # I could enhaln the bodies %
last that long. Z vii be of the most
private nature and oniy a very feE pe0-
pie vii be present Reverend Ha-na-
walt, 3 Du1kard minister. viii conduct
[ the devotional exercises The interment
I will take place IN a corner Of the farm Of
old man Nicely IN which already lay the
remains Of one of Joe Nicely's children
I the wife of Dan Nicely, and other more
remote relations of the family. The
T little graveyard Is j private one and IN
It nov lie but the blood Of the Nicelys
\ Mr.. Nicely has gone at this matter
methodically and intelligeutly, and
means that no public exhibition Of bis
/ dead shall f1llow their execution
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
What Their Lawyers say.

Lawyers CoF-oth and Ko0ntz. the
leading counsel for the Nicslys. have Al
ways insisted in their firm belief In the
innocence Of their clients. General Cof-
froth IS reported 70 have gone % Dave
one day recently for the purpose Of test
ing his innocence. He told the prisoner
that there was bat little hope for he anI
his brother The Governor might inter
fsre, bat that was only a bare possibility
Vow, Dave, said the General -there
IS but one thing We can do. We might
carry the case up to the United states
Supreme Court on constitutional grounds.
bat before We make a move It WILL cost
500 Your father has exhausted
his money in fighting the ease.
which, as you know, has cost several
thousand dollAns for actual expenses.
Can you rzise sI0G
70, I cannot, replied David
Can't you get it from some Of your
friends?"
They have spent ali they had. AMI
Joe and have but - between rs. It Is
utterly impossible for me % raise the
money.
HAD NONE OF ClIBEErEz's HoSEr.
@Sow. Dave, said the General. you
must be frank with me as your coansel.
The time for your execution is drawing
too close for you 70 hesitate 70 confde in
me without reserve Is there no place
where you could get this money. or vOgr
friends could find l. for youe DON'T an
swer too quickly remember il Is q case
Of life or death with you and your broth
En-
g No, " replied David, firmly. 4 kuox
IF no place in the world where I or my
friends could find a dollar. II SOD
would save our lives. We shall be ezecu-
ted
Since that interview General C0fr0th
IS ready 70 swear that his clients are in
noeent.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08

AtI13I o'clock Mrs Good, wife Of the
Sheriff. and one or two other ladies spread
the table for the last meal Of the doomed
men Upon it they placed oranges, ap-
pies, prunes, several kinds Of cake, cold
chicken, custard, and coffee Both par
took spsringiy, but what they ate was
eaten with q relish The Sheriff and
Rev. Granger sat down at the table, and,
with Mrs. Good, talked in a pleasant
manner with the prisoners Of matters
and incidents Of their imprisonment.
Joe said 1t Is q sudden death, bat it
must be net, and where thing Is not to
be avoided. il must be net. Il Is bot a
step from darkness to light, and | am 80
glad that am ready 70 90
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
Said They Were Innocent.

FINAL Talk or THE SiCEzTs wrrH THElE
COUNSEL AND WHAT THEE SAID
At II o'clock Generals C0fro.h and
Koontz and Mr. ". r. RuppeI. counsel f1r
the Nieelys, came into the Jail and Shoes
hands with them II an afectonate nan
ner. They first entered Joe's cell and
talked with him a minute or tE0. when
General K0ontz called the HEniLD rep
resentative into tae cell and said -Ioe
knows that from the very start Ee have
urged him to tel the unqualified tru-l
in this matter
@Yes I do" said Joe, his eyes suf1ssd
vita tears, at the saue time using the
back Of his hands to brnsh away those
that streamed down his Glce.
@He also protested his innocence from
the start, and"
you stin ID, Joe ~ asked the reporter
aYes, sir, do; and am innocen..H sid
Joe, almost overcome. not only BY the
intensity Of his emotions, but by his
physical weakness as vel.
aWe also told him, continued General
Koontz, shat II they we're guilty il was
Of no use in impoveris5ing his poor Oh
father and keeping him in ignorance q
[ the crime. They sad they were inuo-
cent and still assert It.
@Yss, SIR said General CoHroth, @God
has cleared up bis mind az this fual
moment for a purpose. He has done 30
IN order that he may, meet death as=srt
his innocence and clear his memory and
lsaye his children his good name.
@Oh, yes said Joe, fervently and fer
vidly, ~Ciod has done this for ne. 7 am
innocent and / maintain it. I want %
say that our counsel here have dons al
that was humanity possible % save Us and
70 gst Us out Of this trouble They have
stood by u 70 the last; they have been
cur friends. We are innocent
From the cell Of Joe the counsel went
into Dawes cell and held a private con
versAtion lasting about three minutes.
again the HEEALD representative vas
called in, and again the questions IS %
innocence OF guilt we're pat By General
E0ontz- Dave Wzs Uuch more retioent
than Joe, but said I have denied any
/ connection with this Cmberger afzir 81
frequently; 90 distinctly and 50 smphat-
icaily that I do not care again % ID So
@Are you innocent p asked the report
er. Dave hsstiafed- ayerted his eyes Tor
a moment, and said Il VIII say. yes-
That i al have 70 say now wish to
say that ny counsel have been stead 1asf.
faithful and trus n me. They hare neg
lected nothing that would have served %
save me and joe
Have you made q confession o.
Il have made statement 70 nv PES
tor, Mr. Granger. and be VII make &C.
public Il s not a eoufsssion, but rather
comment on the testimony That ter
t1iony about cur going over the noun
tain was false, and the pocketbook they
produced against uz. bogus. That's 81
have to say
Joe subsequently said. y0u can Just
say that fraud and perjury have placed
Us where We are Men aud women tssti-
fed 10 things that vers not true in order
% convict Is I believe that this was 3
set Up job against us il order % ess the
reward that was offered. This reward
viii burn their hands u0E and IN esarni-
", without they repent harbor no IL
feeling toward any Of my enemies. for-
give them al forgive them az freely
As Christ has forziTeu ne for ny trans
Il gressions."
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
The Jury.

Sheriff Good selected the following
nanei gentlemen to serve a. the jury
and Eho Afterwards certified to the death
Of Joseph ard David Nicely
1. Edward Holsopple, Paint Twp
>. samuel Barclay, Milford
8. Jacob n. Lohr. Conemznzh
J. Herman S-ahls Somerset
). Nelson simpson, Somerset
6. Jacob 5 Picking, Somerset
:. samuel sayder, Somerset
5 Jasper Augustine, ADDISON
q. Robert L Ross, Addison
10. G. II. Miller, Summit
II. Nathan Griffith, Jenner
L. George Dun baud, Upper Tur-
keyfoot township.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
Examining the Death Traps.
THK SscEL1s scErTESIzE THE RoFE, COZ
FISs, HANDOUTS AND OTHER PREPARA-
TONS FoR THEIR DEATH.

shortly before 10 O'Clock this morning
both Of the Nicelys asked sheriff Good
70 allow them to examine the collins,
ropes, handouts and ether things that had
been prepared for the final act Of their
lives. The Sheriff said if they really
wished 70 make the examination he
soald be glad 70 20 with them Dave
gas already dressed snd Joe placed him
self in the hands Of Sheriff Good and ex-
sheriff Winters for his last toilet. He
carefully examined each article Of cloth
ing as It was prodaeed and as he picked
ID little articles such as handkerchief,
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08

the State and should be generally
adopted The Preparations made
BY Sheriff Coed Yere simply fault
less and on the Whole l consider it
one Of the best conducted Of the
many execntions have Witnessed
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
Their Last Night.
Eow rHE xUnnEKERs PASSED THEIR FINAL
HOURS IS PRISON.

There was little Of an Interesting nature
going on in the corridor IN which the
Nicesvs were confine1 lat night Eariy
in the evening Rev. Granger. accom-
panied hy a few Of his parishioners went
to the Jail and held a prayer meeting IN
Dawes cell. The singing and praying
we're conducted IN a solemn Il amer and
Dawes responses to the petitions in his
behalf were = Little strozgeTfhan the tones
Of those who we're inPlorinz Divine
mercy for him The atmosphere Of
s.oozn that pervaded the eel, grought is
c1ilI to the minister and his friends and
their attempt at cheerfulness was unsGc-
eesfal. Dave eomforted himself as brsyeiy
as ne coald. hut his face vas the picture
oferief. the fncaraation Of despair. After
the dsrosionaf exercises had beeu con-
eirsed thcss who went into tie jail
With 3Ir. Granger left. and upon the ur-
geat apgeE q Dave TIE minister con-
sentes to reanain al night With hin. Il
xas lonely sigil- Dare sat n one cor
nss of MS call his Esce q gTeenish white,
his hands loasciy dsspea together and
bis feet dragging on the h0or. as they re
longer possessed the power Of action or
locomotion. de appeared oblivio1s 70
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08

David Nicely vas baptized Wellesley
morning aftsr the manner Of ne Ds-
ciples church AZ the hanis of Rev. G. -.
Granger, the local pastor. n the eounty
Jail A bath sub perfectly adequate %
All the ezactions Vas prepared and SLED
eisn water b. ne fire1.,a -[ -hsr
i1ood aut shortly snsr 81 -'>-l f'---
vas taksu frru7 hrs cell and to che rH-
provised bapsi-5ry where the miu ter pi
the Christian Church awaited riri. The
ceremony vas not long nor did TIE alil-
isteT detaIn the candidate beyond .he
minutes actually required for tie exact
observance Of the rite. He was assisted
BY a number Of the members and otEcials
Of his congregation Who we're also inter
ested spectators Of the ceremony At
is conclusion Dave said be felt ml-h
better than at any time since his iucar-
cerafion and warmly thanked his frien IS
for their contribution 70 the melaneholF
pleasure he felt in this last act this SIDE
Of the grave
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
Incidents of the Day.

Just after breakfast this morning Joe
Nicely called Milton MeAillen, the Dep
utv sheriff be shot in his first effort at
escape. to his cell and shaking him
warmly By the hand asked his pardon
for the act and the pain il had caused
YeNiIIen- 4 have always been sorry
for It and 1 hope you win forgive me,
he said. Mr.. McMillen assured him Of
ais hearty forgiveness and Joe appeared
% be more AZ bis ease.