davidaulloa/AmericanStories huggingface dataset:
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

county. I did not need his money, and
didn't kin him shall not commit suicide,
because people would say that it was con
fsssion Of guilt ifImust be hanged Twill
walk nnon the scafFold like a man and de-
clare there. as 7 do nov, that ! am innocent
ofthe UmbCrger murder.
Il has never been believed that Dave Nice
IL fred a shot on the night OF the umberger
murder, and that he was only dragged into
It through his brother. A great deal Of sym
pathv has been felt for him by the public
who have always believed Joe to have been
the murderer.
Both Of the brothers were very hopeful
that the iusiice would return the case for
conspiracy brought by their mother and
Joe's wife against Constable Rauch and De
tecsive Camp. and that Governor Pattison
would be compelled to grant them g respite
until the suit was disposed of. That the JUS
tice would dismiss the case never entered
their minds, and the news that he had
done 50 was terrible shock 10 both.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
The County JAIL

The Somerset Jail is new, only having
been completed last October, and if it
were not for the iron gratings
over the windows, could easily be mis-
taken for private dwelling. The Sher-
ifs residence is Immediately in front of
the prison and is cut off from it by e
solid brick wall. Entrance to the Jail is
gained from neat veranda on which
door from the Sherif's office opens. A
door in the east wall of the Office opens
into guards corridor and in this corri-
dor a set Of iron steps leads to a similar
corridor above. The two floors of the Jail
are exact counterparts. In the upper
guards corridor solid iron door opens
into a barred cage three feet square and
in it are two levers operating the locks in
the doors of the side corridors. A very
narrow door opens into the exercise cor
ridor where the execution took place.
This corridor is i4x40 feet running east
and west. Six feet from the east wall
are two steel traps in the floor. secured
by bolts and operated by lever. When
the lever is drawn the traps are received
by springs and held firmly in place. In
the ceiling ten feet above the floor and
Immediately over the traps are two
heavy iron rings to which the ropes were
secured.
Two grated doors lead into side corri-
dors-east and west-and three feet
wide, into which four cells open. Grated
fronts expose the interior of all the cells.
The Nicely boys occupied cells on the
east side but were removed to Others
on the opposite side this morning and
had TO walk only about ten steps to
the place of execution. The coffins for
the reception of the laws victims were
placed in the lower corridor immediate
ly under the traps, and when Joseph and
David Nicely were pronounced dead the
ropes were gently slackened until they
had been lowered into them. The lids
of the coffins were closed Immediately
by an undertaken in compliance with a
request from the father of the victims,
that no one be permitted to view the re-
mains Two men sent By old Mr.. Nicely
from Egonier took charge of the re-
mains.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
The Fates Against Them.
GENERAL coFFRorH WARRANTS THE crRcrM-
CrMsTANCEs THAT KHDEp 1aE Hittl,s
CHASCEs FOR lIFE-

In summing up his impressions Of the
Nicely case this morning General Cof-
froth said: 1T is seldom in criminal
history that there you find a concurrence
of so many adverse circumstance ana at
a time when each one Of them was fatal
to the scheme that we had projected for
the defense ofthe Nicelys, and all ofthem
bv themselves. Look win you? Just
the week before we went to the Supreme
Court they broke Jail and Joe shot Milt
McNIillen. the deputy sheriff. Then the
papers of the county took up their escape
and published them as desperadoes
and desperate murderers, willing ITO Try the
issue of a daring escape rather than risk 1t
with their attorneys and the highest
court of this State. The impression
that this dare devil deed produced
was greatly against them. Well, we
gathered ourselves together again
and were just ready to 60 to
the Pardon Board when the second and
more successful effort at escape was made
and this magnified, distorted, exaggera-
ton came to the ears Of the members of
the Board to the detriment of the petion-
ers. and. think. destroyed their chances
in this particular. And then right in the
teeth Of our meeting with Governor Bea-
yer the saws we're found in the cells Of
the brothers and our hopes became de-
spair. Finally when Joe became in
sane and Drs. Orth and Kimmel and
others were called to examine him and
after examination prounced him insane
he had lucid interval and the very
morning of mis- death and at a time when
reason was madness, is it not at least an
odd combination of circumstances at
once damming and provoking.
] think if had followed ont my own
bent in the matter of conducting the tn
al Il would have been better for the
Nicelvs. I wanted a severance so did
General Koontz and Mr.. Ripple my
mariners. The Nicelys themselves, their
father and their friends insisted that
they be tried together, against my better
judgement, yielded to this request, and
Joe who had such splendid alibi was
reunited with Dave. | think and still
think they are innocent"
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
Their Ages.
JOE AxE DAVE TALK OF THEIR BIRTH AND
THEIR DEATH.

"How old are you, Joeg' asked one
Of his friends this morning, after the trip
of inspection.
4 was born on the 18th of February,
ls4a. and am Just little over AZ years of
age" replied Joe. ''Not an old man yet, ;
said be,as a suspicion Of a smile bright
ened up his face.
And you, Dave"
4" was born on the Isl day Of Janua-
nv, 1864, and am just p years and three
months Of age" His lip trembled as the
memory Of a youth all too short, and the
improbability Of a future struck him
harder, perhaps, in that moment than at
any time Of his life, and perhaps the
feeling of regret was more poignant than
ever before.
Nothing more was said, and no one,
again attempted to intrude the privacy
of thier thoughts
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
What Their Lawyers Say.

LAWYERS Cofroth and Koontz, the
leading counsel for the Nicelys, have al
wavs insisted in their firm belief in the
innocence of their clients. General Cof-
froth is reported to have gone to Dave
one day recently for the purpose of test
ing his innocence. He told the prisoner
that there was but little hope for he and
his brother. The Governor might inter-
fere, but that was only bare possibility.
"Now, 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,
but before we make move it will cost
500. Your father has exhausted
his money in fighting the case,
which, as you know, has cost several
thousand dollars for actual expenses.
Can you raise Sl00?"
"No, cannot, " replied David.
Cant You get it from some of your
friends?"
"They have spent all they had, and
Joe and | have but 81 between US. 1t is
utterly impossible for me to raise the
money"
HAD NONE OF USBERGER's MONEY.
"Now, Dave, F." said the General, "you
must be frank with me as your counsel.
The time for your execution is drawing
too close for you to hesitate to confde in
me without reserve. Is there no place
where you could get this money, or your
friends could find i: for you? Don't an
swer too quickly; remember it is a case
of life or death with you and your broth
er.."
"No, replied David, firmly, 81 know
of no place in the world where or my
friends could find a dollar. If 800
would save our lives, we shall be execu-
ted.
Since that interview General Coffroth
is resdy TO swear that his clients are in
nocent.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
THE HAUNTED FARM.
YALpAELE REAL ESTATE DEPRECATED BY
GHOST.

The Umberger homestead has passed
into the hands of strangers. After the
tragedy. Mrs. Umberger and her grand
children went to live with her son-in-law,
Reuben Horner, two or three miles away.
Ella Stern, the other witness to to the
murder, hired out to another family sew
eral miles from Jennertown.
For time the farm was rented to a
man named Humbert, who came from
Berlin. He did not stay long, and when
he went away he said the house was
haunted The story as told by the
neighbors as they sit around the freside
in the long winter evenings, is that when
the dusk begins TO fall, and familiar OBJ
iects become indistinct and assume fan
tastic forms, the old alarm bell on the
roof will toll dismally two or three times.
Then three shadowy forms are seen to
issue from the back door leading out Of
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
Guarding the Jail.
FEAR OF A NIGHT RAID CAUSES THE SHERIFF
TO GUARD TEE FRIsoS.

Last night Sheriff Good, placed strong
guard, both inside and outside Of the jail
in anticipation ofany disturbance OF at
tempt at rescue. Winchesters and double
barreled shot guns loaded with buck
shot were placed in the hands of the
guards. who were also furnished with
complete system of pass words and signals
for their own use and those of the Jail
officials and guards thu might be called
upon to pass from one ion of the jail
to the other or withii the court yard.
These guards were very vigilant as one
or two who strolled into the yard dis
covered who gazedl into the muzzie OF
the Winchesters and could hardly regain
their breath in time to answer the chal-
lenge of the guards.
Sheriff Good was on the alert for any
description of danger last night, as a re-
suit of telegram from Lgonier notify
ing him to be on the lookout for rescu-
ing party that had started from that
neighborhood early in the afternoon.
This telegram was in harmony with in
formation that the Sheriff had received
earlier in the day to the same effect
that company of - or 10 persons,
mounted and armed, had been seen
crossing the mountain from the direction
of Ligonier toward Somerset. The last
piece Of information was given TO the
Sheriff by gentleman in whom he had
the most implicit confidence, and more
upon his representation than upon other
rumors he had heard, he began to take
defensive measures. At midnight none
but citizens or belated travellers were ON
the street, and at that hour little fear of
a midnight raid on the county bastile
was felt.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

Nicely was repused to be one Of the
wealthiest residents of the Ligonier val
lev. He is said to have impoverished
himself in the defenseof his boys. They
have required the constant services of
the best legal talent obtainable. A half
dozen detectives and agents have follow
ed and ferreted out out every clue that it
was hoped would sasten the murder on
other parties.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
Their Last Night on Earth.
DAVE PARrAKEs OF THE LORDS SUPER,
AND THE CLERGYMAN REMAINS WITH HIN
UNTIL MIDNIGHT.

About halEpast seven o'clock last even
ing Elder Granger, accompanied by a
number of the officers and members of
the Disciple church was, admitted to
Dawes cell, and spent some time with
him in reading the Scriptures and IN
prayer After he had partaken OF the
Lords Supper ali Withdrew except the
minister, who remained alone with the
prisoner till midnight. About halfpast
10 o'clock Sheriff Good, at the request Of
Elder Granger, withdrew the death watch
from their places in front Of the cells Of
the condemned men and left him TO talk
with them, free from the observation or
hearing of any one. About midnight
Elder Granger left the Jail. He declined
to say anything TO the reporter who had
been waiting in the lower corridor 10 in
terview him before he left the Jail.
There will be no trouble here tonight.
David has gone TO bed, and ! think viii
sleep. I viii return in the morning.
Good night" and the faithful, weary min
lister pulled the collar iof his overcoat
over his neck, and with shudder step
ped out into the storm and darkness and
started for his home.
Both Of the condemned men had gone
to their beds before the minister left the
Jail, and both remained quietly in their
cots during the entire night apparently
in sound slumber.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

Dave Nicely said TO one Of the guards
Tuesday night, "this has been the hard
est day / have had yet The suspense
and worry about what is going TO be done
at Harrisburg Is great strain. 1t seems
to me that if tie Governor is going to
grant respite we ought to have heard
from him by this time, and am going
to prepare myself for the end"
His spiritual advisor had visited him
during the afternoon, and arrangements
had been made at that time TO have the
rites of baptism administered.
Nothing had been heard from Harris
burg at 10 O'Clock Wednesday morning
and at that time General Cofroth visited
the Jail, doubtless for the purpose Of tell
ing Dave that be had abandoned all
hope of securing respite.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
GO 70 Fisher, BOOK store.

Fine stationery. blank books, legal '.--- .-..
Binn's Justice, Miscellaneous bo0as' az
fountain pens, inks. pens, pencils 49,
pictures picture frames, gospel hy uil'' -
eran. Disciples and Evangelical hyn.n ~
Sunday school cards, tickets AMI 'A''i-
bibles, testaments. marriage certificates =
gazinss, Poyels, newspapers, hnc! -.
novelties, baby buggies, photographs %
and Dave Nicely. Nioely-Umbergsi ~. -.
bollads, Execution number OF HEkAA.' =.
paper, toy books. sheet music ana - -,
anything and everything usually loU'1 -
first class Book, News and stauohe''
CuAs. H. FlsHES
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
Other Somerset County Muir
derS.
DIFFERENT MURDER CASES TRIED SINCE THE
EREcTIoS OF THE COUNTY IN 1875
ONLY TWO HANGINGs.

Somerset county was taken from Bed
ford county by Act of Assembly of 9th
April, 1895.
The year the new county was erected,
but before the Act of Assembly creating
it mad gone into effect, a murder was
committed in the town of Berlin. A
German Reformed preacher, Won Span
genberger by name, was brought before
the church council on charge of i'm
proper conduct in connection with one of
his female Pensioners. At the hearing,
which was held in the church, one Gless-
ner, an officer of the church, was giving
in his evidence, which was of very
damaging nature, when the preacher
jerked out a large butcher knife and
made a savage lunge at the witness, strik-
ing him in the region Of the heart and
killing him instantly. Won Spangenber-
ger was arrested and taken to Bedford,
where he was tried and executed.
THE FRENcHMAN.
The first murder case tried in Somer-
set county was at the February term of
court in the year 1907, when Noel Huguel
or Hughes was tried and convicted for
the msrder of one Pollock. The murder
was committed on the Allegheny Noun
tain, in the neighborhood of where
Squire William Reel now lives, in Shade
township. Pollock was a drover, and
was supposed to have a large sum of
money on his person when he was way
laid and shot by two Frenchmen, broth
ers In trying to eysde arrest one of the
brothers was shot and killed; the other
being arrested and brought to Somerset
and placed in jail.
At the time of the trial of Noel Hughes
the Oyer and Terminer Court was bold
en- before John Young, President Judge,
and Robert Philson, John Kimmell and
William G. Elder, Associate Judges.
The following is an extract taken from
the brief record of the trial of the case,
The record is a small book, about the
size of pocket diary, which in that day
was sufficient to contain the criminal
records of the county courts:
Commonwealth
Noel Huguel, al February Term, 1907
Noel Hngues Murder
Jury-Henry Wey, Henry Bowsinger,
Michael Troyer, Emanuel Smith, Patrick
Nelson, Conrad Shuitz, Jacob Meyers, |
William Ogg, Peter Augustine, William
Morgan, Henry Weimer, Jacob Swank.
Who upon their oaths and atfirmations /
aforesaid respectively Do say that the |
prisoner is Guilty in manner and form
as he stands indicted of murder in the /
first degree. WhereupOn the prisoner |
being brought before the Court on the |
18th of February 1907 to receive his sem
tence, the Court thereupon adjudge and !
direct that he be taken back 70 the Jail /
from whence he came and from thencs I
to the place Of execution and there to be
hanged by the neck until be is dead"
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
Joe NlceIy's Song.


The following poem was composed by
Joe Nicely few months ago. It's title
is Prison Song" and is evidence of
his early religious training.
When my mind wsnders back
To my happy childhood days
The days that are now forever past
Where my brothers and sisters played
Around the dear old cottage house
These are thoughts stamped on memory to
last.
If your heart was ever sad,
Then these thoughts would make you glad !
When you think OF the morning you'll be
free
For then you'll cross the prison floor
And 20 cut the prison door:
For there're many happy days you yet may
see
But as days or months pass by;
All, the years how swift they fly
But our future, there is 10 one who can tell,
For this is left within the hands
OF the One that ever stands
And says "Trust in Me and all things will
be we'll"
In the dark and gloomy cell
There is no one who can tell
How anxiously we wait the news to hear
That our freedom we have gained
And no longer will be chained,
And the laws of Somerset no longer fear.
Oh, the sadness in my heart
When think that J must part
From the friend Of life who is dear to me;
That never more may be
Roaming DER this land as free.
As the birds that sing upon the leafy tree.
But these thoughts may not be 50,
And from prison we may go
If a trial fair by jury we may see.
Then with friends we may rejoice,
And with one united voice,
Praise the God whose hand did surely set us
free.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

General CoGfroth and Anthony A. Nicely
visited the Sheriffs Office Tuesday mornng
and gave notice that the would demand four
tickets of admission 70 the execution. Mr..
Nicely also visited his boys In the jail. Joe
refused to speak to his father, but before he
left shook hands with him. The watch
men in the Jail think they observe vast
improvement in Joes condition since DR..
Orth's visit.
Old Mr. Nicely has been seen on the streets
frequently to-day, wearing fur cap pulled
down over his forehead and bis pants in his
boots. His face is the very picture of dis
tress, and calls for the generous sympathy
that is bestowed upon him by all who have
seen him.
Postmaster Keller receive the following
letter on the 9:i6 train Tuesday morning;
RussELLvILLE,, Tenn, March ., 1891.
Sheriff at Somerset, Pa.
Dave and Joe Nicely did not kill TIMBER
Der no more than you did. 1t was Fitzsim-
mons and myself, and hope you will not
hang them men for they are innocent. /
would far rather come back and be hung
than them to hang. If get tired of. life
will come and surrender.
am peddler, so was Fitz, and don't
know where he is, but somewhere near
Pittsburgh left him. | am going away TO
try and forget it. PEDDLER-
This makes the third man who has con-
fessed to the murder of farmer Umberger.
Nv
Anthony A. Nicely asked the clerk at
the Somerset House, where he has always
stopped when in Somerset, if he would
not do him the favor of Witnessing the
execution of his boys in event they were
not granted a respite. The clerk agreed
to do so when the old father said he
wanted two men from Somerset to be
present SO that they could tell him about
everything that was done and every
word that his sons might say, if they
said ANYTHING. He said he would send
two men over from Ligonier who would
do the same and would take charge OF
the remains after the execution. He
does not want any one excepting those
in the Jail to see the remains and the men
sent here by him from Ligonier will take
them to their homes across the mountain
Immediately.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

The crowd in town at the execution
to-day afforded lucrative field for the
operations Of pickpockets, and We have
beard of no less than four victims whose
aggregate loss was $500.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
Painless Extra otI0o

is safely afforded only by the p'e y - 90.
Oxide gas. Don be dVpsa .a's lIyins
thing else.
AdR,aistssel tally by
81. McMnlfs,
somerset Pa
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

That what is led me 70 write the above.
hope the publishing Of ii may shed greater
light over the darkness and restore these
boys to freedom aud liberty. May God
speed the day when civilization. will reach
higher standard and the execution Of hu-
man beings will cease % be law. Then We
will look back on this age as a dark age, as
we now recall in history the stories Of the
besdnans AK. Life is too short for such q
law 10 exist. Christ said, take not life,
that which you cannot give" ] only wish to
say. take the ball that killed Umberger, and
the one that killed Gilkinson, together with
one from Fitzsimmons' revolver. Weigh
each one and you will have the story Of the
Uuserger murder in nutshell. Count the
turrows in the revolver and then count the
farrows in The balls, and you will have suf-
ficient proof TO convict Fitzsimmons of both
crimes. Notice also that the Smith iewelry
robbery, the Umberger murder, and the
McKeesport robbery were each done near
the same hour of the day.
Yours truly,
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

The book viii coa.ain a most as-iI'
portrais Of Herman UmbergeF specially '-'
graved for this book and never Deiose ll'
Iished. Specially engraved pictures oi'0.
seph and David Nicely Specially preEai''
engraving Of Constable John O. Ranca i''
OF Deputy Sheriff McNlillen, who so oTa's.
resisted the assault Of the Nicely on -'
occasion Of their FIRST escape from the s'I
efset jail. A splendid engraving oi 4''
Nancy Umberger, widow Of Herman 'H
berger, and a very lfe-hke engraving =
Mamie Horner, the bright little "'.a, VIE.
against the Nicelys Also portraits '' '-'
prominent attorneys in the case.
An edition Of three THOUSAND oo2s' {
now in press, over halfof which ar. s!'S-'i
sold. Book viii be issued @LoGi q d'l' =
ter execution and promptly mailed 20 ~
seribers. Book VIII be sent postpaid 10 - 4.
address ca receipt Of 50 cents. Five d.
for 500. Address all orders to = =. W.
ner. Somerset. Pa
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

The most famous murder trial ever had
in the Somerset courts was at February
Term, 1860, when Henry Pritts was tried
for the killing of Elias Weimer. Judge
F. NJ. Rimmell was on the bench, and
counsel for the Defendant were VIM. II.
Postlethwaite and John II. Edie.
The jurors who tried this case were,
Conrad Fair, John Wigle, Jacob p.
Speieher, Thomas swank, Jacob Berke-
pile, Elias Cation, William Troutman.
Jacob Frank, Peter Long.
The following is an extract from the
record Of the case:
The jury retired at I2I O'Clock in
charge of constables 5. ?. SNYDER and
Isaac Wendle, and at o'clock returned
verdict, that the prisoner Henry Pritts
IS guilty of the felony ofmurder, whereof
be stands indicted in the first degree
now to wit in February 1860. the pris-
oner was brought into court by the Sber-
i'll, ell the Judges being on the Bench
Mr. Meyers, the District ATTORNEY. moves
the Court for Judgement upon Henry
Pritts, the prisoner at the Bar. Where
upon: he Court asked the prisoner wheth-