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

t.seea * and seven o'ciock Mrs
,,,ah.r. my daughter Hetiie. my grand
ana Mr. Nicely were present he
IA iass IS We Eere about % take
r I ssked him 20 take supper with
.,5 H. did 50 ne left soon after sup-
Ifx the date as February 27th
,ss hct that the boys we're ARRESTED
- sllowing Monday and also that
.sa.s ha3 been prayer meeting At Zion
l-,.h that night. Cannot say how often
rsr Joe that week
Anthony Nioely-Iive in Lieonier
,.hip. am dsty-iwo years Old and
tsr,s-I there al my life and am the
s..--5fthe tao defendants do aat r.
-ler SEEING Dave on the 27th q Feb
- sa~ Joe on that day 81 my house
,t4 evening can't Tell what time ex-
.sr & vas between 6 and o'clock +,
:, .be date BY my hauling wheat and
-7.ss fact that the two boys were ar
- an Monday after saw Joe on Mon
~ can no; say whether ! saw him on
--s-isr be helped me on Thursday,
r-ssr and Ssfurday did not haul any
-. On Wednesday saw Dave on
-~ssv he cane over TO my house to
-, lad wheat. it was early in the
aulnE
"a Nehoner and Hettie Nicely, sisters
.f,ts e-isoners. testified that Joe had
-, supper with them, at their fathers
~ evening Of February s7th. Fixed
,ts3ay by prayer meeting at Zion church.
--- the family attended the prayer
meeting
rssr Barron saw Joe Nicely on the
--rr Of Feb. 18th Fixed time by
prayer meeting.
r,rE NICELY oS rHE STAND.
rirssr Iironier have vife and three
1rsa am . years old my health
s.rsly poor al winter; have been suf-
s1rr fr5m dyspepsia and heart disease
t.-s bs-n under medical treatment for
.sr, sx wears; have not been in TT con
E.rr 70 work all winter on the 18th
FEBRUARY vas helping John Kimmell
cav wood on Monday Kimmell ash
me 81 help hin on Tuesday I told
b-uE could not do 20, as I intended TO
az, Pittsburgh 10 see a doctor; on Tues
s.-r vss sick and not able % 20 on
Wednesday was a. home until about
.,-,rs. 5r nlaybe 3 little after, I told my
r.ttaf would 20 over 10 Nr. Bar
-rsa and i'll could get an opportunity
v-.i .riie 10 L.isonier and see a doctor
there. did not get q chance to do 50,
SD returned home something after ,
O'Clock did not 60 any place else that
ssr av sister Hettie came 70 the house
10 taeerening; probably nearly : O'Clock;
1r Lewis Paine in the evening; next
rrring went 70 fathers; helped him TO
MEASURE some wheat
Lewis Paine testified tha. he had seen
us.e Nicely az his home on the after
a,1a of February p.
WHFam Thsmas testified that Mss
seam had told him IN the presence Of a
rsr. man he did not know, that she
aud not identify the men handed the
77eset book 10 Watson Menoher.
Watson Menohera brother-in-la Law Of
he Niselys, testified to receiving pocket
b55s from Thomas. but said pocket book
IL evidence was not the same one
other relatives Of the Nicely boys. who
had seen l'aye's pocket book testified
that the one IL evidence was mol has
Mrs. David Nicely swore that her hus-
band was at home on "Wednesday
night the s7ih Of February J patched
Lis overcoat Thursday night be was AZ
rested she following Monday the pocket
book exhibited il court Is not ny hus-
bands. she identified the overalls and
handkerchiefs as his.
Br. Brul-aker testified as TO Dawes
PHYSICAL condition and had the prisoner
bare his breast in the presence Of the
fary. and show ms abnoTniaily develop
ri heart The object was 70 convince
TIE Jury that the prisoners condition
v0uld not permit him -. walk distance
o.s3 miles.
A number Of witnesses were called
vb5 testified that the Naneers who testi-
fed thar they had seen the Nicely boys
gong I'd the mountain the day Of the
murder had made contradictory state
usn.s. and that they could not have seen
persons on the road from where they
vl-rs working.
John Kzylor testified that he had fol-
hrei the tracks from Umberger's on
te morning after the murder and that
asg could moi have been made By the
bllis in eTidence.
Uy EEBUrTAL.
Tie commonwealth called q number
Ep1uesses who testified that some Of
as witnesses who sRore they had seen
1s Nicely boys. At home or the 27th, Of
February, had told them that they had
II seen them on thai day.
Euer SNYDER, testified that he rode
WA Thomas and Ella stem from I'm
as-sers 70 the hearing and that Miss
s,su had no, said she could not identify
~ men.
Witnesses we're called and testified
-1 I4vs Nicely had always been able
o -aa iuli days work.
8 1rEe number Of witnesses testified
l1johu HayloT's character for truth
ed rsracity vas not good.
Several other unimportant witnesses
se-e examined sf,er which the case vas
-carei closed.
Ar kooser vent 70 the jury at $50
aocI Thursday afternoon on behalf cf
u elmnonWealth. He began by con
E1-1.l,ing The Jurors and himself that
~ 4o1r o. several weeks we're draw
-sD close congratulated The Jurors
- their Intelligence and undaunted
1ge Wh0 would be able 10 render a
'--tf IN accordance with the evidence
H -ae name Of Umberger Vas nov
.-lFn a- 0yer she land because Of the
i7-zr brutality Of the murder and toe
Sltlie u The sum q money secured
Ae murderers and robbers that while
'-r dates were grave and responsible.