The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02
May Term of Court.

JUSTICE METED OFT TO CRIMINALS
Never in the annals of Somerset coun-
ty court was such general and intense
interest manifested in legal pro-
ceedings as that exhibited at May term,
1889. The trial of the Nicely boys, the
McClellandtown gang, and the Shaulis
boys had all been set for this term, and
a large number of witnesses had been
summoned But the witnesses formed
very small portion of the great crowd
that had assembled in town on Monday,
Nav o-.t- n------e r.e.--s..s ,.vss pre-
ent from Westmoreland county, and eve
ry district in Somerset county had at
least twenty representatives. Hotels and
boarding houses were crowded to their
utmost capacity, and many private hous-
es were thrown open for the entertain
ment of the public Each day long be-
fore the court bell had ceased ringing, the
court room was packed with spectators,
at least half of whom were compelled to
stand throughout the session. The curosi-
ty of the public was not satisfied at view
ing the prisoners in the court room, and
regularly after adjournment hundreds
rushed to the court yard and formed two
solid columns from the court house to the
Jail, through which the prisoners were
compelled 10 pass. Even the news of
the stupendous calamity that
sited Johnstown Friday. reaching
here the same night, did not detract ma
terially from the vast crowd, nor from
the interest in the proceedings of the
court.
Monday and Tuesday were taken up
with the trials Of minor criminal cases.
Tuesday afternoon the grand jury re-
turned true bill against Charles J. Lew
is. jackson p Sullivan, Marshall Sulii-
van, Decatur Tasker and Clarence An
drews-the McClellandtown gang.-The
District Attorney read the bill Of indict-
ment, to which the prisoners entered
plea of " not guilty." when the court di-
rected that jury be called. The trial
consumed all Of Wednesday and until
o'clock Thursday evening, when the
case was given to the jury
Prior to the case being given to the
jury the commonwealth entered q mol
pros in the case of Dean, Hill, Thomas
and Andrews. At $50 o'clock the same
evening the jury returned verdict of
guilty" and at 10 o'clock Friday morn
ing Judge Baer sentenced Lewis, Tasker.
and the two Sullivans to ten years in the
western penitentiary.
THE UNBERGER CASE
At o'clock Thursday afternoon Sher-
iff McMillen and his deputies brought
into court Joe and David Nicely. Their
counsel, Messrs. Cofroth, Ruppel and
hoontE, met them at the counsel table
and gave them a cordial greeting. They
were neatly and tastily dressed. Dave in
a dark flannel shirt, with sack coat and
low collar Joe in black diagonal cut
away coat, high vest and high standing
collar his hair was closely clipped, his
boots highly polished, and a large watch
chain ornamented his vest.
Some discussion then took place in re-
gard to the number of challenges to which
the defendants we're entitled in case they
were tried at the same time. The court
said that they could only have twenty
peremptory challenges, the same num-
Der that each would be entitled to if
they were tried separately. Cousel for
defense made formal motion for a sew
erance, which'the court granted.
AgRAIGxED.
The District Attorney read the indict-
ment to Joseph Nicely and at its COM
plelion put the question in the usual
form, " to this indictment how do YOU
plead-guilty or not guilty g' The an
swer came promptly and distinctly, not
guilty" The indictment was tlen read
to David Nicely, who also plead not
guilty" The District Attorney then
elected TO try David Nicely first to this
the defense objected, claiming that as
Joseph ,'icely was named first he should
be tried first. The court decided that
the District Attorney had the right to
elect which case he would try irst The
defense took an exception which was
overruled, and bill sealed. At six
o'clock the court adjourned.