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

Aenoher, on tie m0u11ain IL Anabscee's
( prcsenae- Later I iela Rsnch sbous II, ard
( dirsctsd hans % 20 70 Lixouier sDd With the
T zsd Of oss of G;iki8son's ner, TO --f II II be
coz.S- doa'f knox thaf Ranch bad ever
heard e iae pocket book anfil s@nz hsp
afer il, beiieve be kne~ Bothing Of II nnfil
/ tod him.
Ms A A. Nicely sid: NJ husband did
nos deny having the naonsy- He said be
issa II u his pockef but thes ccuid rot get
IL
Irs. Barron sad ss~ Dasid Sicsly
February 2. st oar boass 81 or O'Clock.
txo and half miles from Ligonser; came
from hcae be sid He veni toward home.
I sss there a. the tire The men came for
pocket book M Nicsly DID not deny
ha.isx noaes. Seseer Ess 4 listls drunk
an si-t-r u tie Sicely's.
Rzfns sbatssr, recalled. lam not a drink
ing man vss Dot drunk that dsy Did not
drink in Ligonser
AKsUEESTs
NJ. Hoonfx opened for the prosecution
and SAID that i was NOT Judge keenefs
duty 10 fad the defendant guilty. but 10 de-
lernine II toe evidence was sofacieni 10
cary il further. thar there had been COM
binsfion Of ten who produced q wrong
pocket hook. and that there we're insJrnme1-
ialitiss ussd al Somerset 70 bring about
verdict Of guilty.
Il. was followed BY the defendants ooun-
~. Mr.. Kocser, who intinaie.i What was
back Of the csse, ard the real reason for
which TINS charge was Instituted: that the
mother Of the Nicely boys resolved TO this
Iast, fnal move to save her sons from the
doom which awaited them that they
didn't dream Of . convicsior, but that they
hoped 10 defeat or delay the ezeeation Of the
isw on April Ind thar the prosecution was
nos = malicious one, bnt one deeper down
and for greater purposes; thss il saonldn' I
20 70 ooari, becAnse Of = isck Of evidence
and becszse Of the parpose-
NJ Cessna. also for the defendants, was
ne1t. He said tha; the statute Of Limitation
cut the case oai. and that evan thogsh eY
dsno- Of larceny vas produces. the case must {
Be tried in Somerset county ihai il must te /
an Indictment before grand jury before the /
expiration oftEO years. that the case wAs
brought for the purpose Of creating donbs in /
the zinds Of the Pardon Board. and, posi-
blF TO save the Nioelys that there wAs 10
evidence sdduced which could eouvicI.
Judge Hunter. for the prosecution. closed
the case BY saying that the magistrate mnsi
decide whetheT OF not there was sufficient
evidence 10 hold the accused; that if no;
he'd the defesdSni's counsel must show thar
there Is no positive proof. ard that beyond
question or doubt, that positive evidence IN
conspiracy Is almost impossible. that II be
sid aot know that the larceny was commit
ed then Il vas his duty 10 send the case to
,ozrt: that the r-suit of this case would Dot
FEC; ths fate Of the Sioelys. or tighten the
,Ti-f stricken wife aud parents that the
evidence Of ten witnesses is 10 the effect that
be pocket book submitted At the Nicely
riAi vas not that gwen by one Of the sccus-
q to % handed his father
With this she case rested and Judge Keen
r he'd the prisoners on their own rsoogni-
,snce until such time as be should hand
iosn bis decision.
Aftsr thorosgh review Of the evidence
squire Kse1sr decided ihs. il was not sun
ient 10 bold the defendants, and placed the
,osts on the Nicely women The Witnesses
or The prosecution were al near relative. of
be condemned BOYS This fact alone seem-
! 70 weigh against the prosecution People
ivins in the Nicely nsighborhood seemed TO
mink thai the iav should lake It's course il
ne case Of the Nicely boys and they believe
hem guilty.
Il has been siated during the. week that
unstable R4aeh had made information
gAiast A. A. Nicely, fzther Of the doomed
'oys, George Nicely and Watson NenOber,
Il Of Egonier, charging them with being
cceSsory after the fact to the robbery Of old
nan Umberger, who was killed by the
'ioeIy boys, and also with receiving stolen
pods.
We are reliably informed that no such in
orHsiion has been made