The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-01-28


have The death warrant
All right said the condemned man,
raising himself in his bunk and resting his
body with bis right arm. The Jail was still
as death while the officer read in clear
voice and without hesitation
CoNNoxwEsLTH OF PENNSYLVANIA,
JAMES A. BEAVER.
Ia the name and by the authority Of the
Commonwealth of Pennsylvania, James A.
Beaver, Governor OF the said Commonwealth.
T. Tatiah Good, E.q,sirc, HTek Sseif Of tie
Cs,afg ef S9a,essf or % y0ar sacrsssor IN
once. SENDS greefiags
WHEREAS, At Court of Oyer and Termi-
ner ana General Jail Delivery held at Somer-
set IN and for the County of Somerset st May
term, 1880, a certain David Nicely was tried
upon certain indictment charging him
with the crime of murder and was on the
ninth day Of June, lSS9, found guilty OF
murder II the first degree and was there
upon. to wit on the nineteenth day of August,
Ammo Domini, One Thousand Eight Hun
dred and Eighty Nine. sentenced by the said
Court that be, the said David Nicely, be taken
hence to the place from whence he came,
and there be kept until such time as the
Governor of this Common wealth shall ap-
point for his execution and that there at
such time be be taken to the place Of execu-
ton. and there 10 be hanged By the neck
until be Is dead.
Now, therefore, this IS to authorize and /
require you, the said Isaiah Good, High /
Sheriff of Somerset County, as aforesaid, OF
your successor ia office, 10 cause the sen /
tence Of the said Court Of Oyer and Terminer /
and General Jail Delivery to be executed /
upon the said David Nicely between the |
hours Of Il A. n and P. N on Thursday, /
the second day OF April, Ammo DOmini Oae |
Thousand Eight Hundred and Ninety-One /
in the manner directed BY the seventy sixth !
section of the Act OF the General Assembly /
Of this Commonwealth approved the thirty (
first day of March, Is60, entitled, An act TO |
consolidate revise, and amend the laws OF !
this Commonwealth, relating to the penal /
proceedings and pleadings aud for so doing |
this shall be your sufficient warrant.
Given under my hand and the Great seal /
Of the State. at Harrisburg, this nineteenth !
day Of January. in the year Of our Lord, |
one Thousand Eight Hundred and Ninety
One. and of the Commonwealth the one
hundred and fifteenth.
JH. LOSGENECKER.
Secretary of the Commonwealth.
By the Governor.
The only manifestation the prisoner made
while the death warrant was being read was
3 nervous drumming be kept up with the
fingers Of bis left hand on his side. He
never turned his eyes from the rear wall Of
the cell on which he had rivited them when
The Sheriff entered and never Eentured 10
speak until eK Sheriff MeMillen inquired
how he was feeling when be replied in a
steady voice, Il N getting along very we'll
A minute later when the Sheriff picked /
ap his hat 70 90 the prisoner said: IF they /
execute me it will be for what some one else |
did. That's what / said first and that's 1
What say now The little knot Of spec +
tators looked at each other in arnazemeut /
as nearly all had expected to see Dave-who I
IS regarded as BY Ear the weaker brother Of /
the two-bEesk completely down under the
trying ordeal.
Joe Nieely's cell is only two removed I
from the one occupied By his brother and he /
could hear every word that was said there. 4
He was lying on his bunk, covered up with 4
a blanket. while Dave was listening 10 the 4
official notice of his doom and did not stir /
until after the sheriff had entered his cell |
and remarked. Il have the death wsrraar-r
Il knew you had it, said Joe in 4 sub 1
dued tone, at the same time sitting up I
straight in the bunk He placed his leh 1
hand under bis chin, while the right was /
spread out behind him The Sheriff took /
the death warrant from bis pocket and read 4
il clearly and deliberately. Once or twice 1
while be was reading the prisoner ya~ned
xearily. but made no other manifestation
He ventnred no remark at all until asked 4
how he vas feeling when he replied very 4
cheerily that he ves getting along all right /
His face was deathly pale and showed very 4
plainly the suffering be has endured the past 4
few weeks He never turned his eyes tow l
ards the gentlemes who were present aud 4
was apparently obliviOas TO the awful i'm |
port of the paper read to him
Many people are inclined TO believe that {
Dave Nicely told the truth when he said, /
one else did" According to the evidence it !
was Joe sicely Who fired the bullet that |
killed farmer Emberger while his brother (
Dave sat listlessly by, vsrping his chilled !
body at the hospitahIe country ireside- Zoe /
Nicely il vas too who fred two lesden balls j
into the body Of DepuEy Sheriff AeAillen
and only the merest accident prevented has /
having to answer for that officer murder.
People generally believe that all the piai'-
ming and schesning Of the nnrler and sub (
seaasnt attempts to escape have been the I
work Of Joe and that Dave was only duPs I
in bis hands and feared not to do his bid /
ding. There IS great deal more sympathy /
expressed for Dave than there Is for his /
brother.
In case the Nicely boys are executed the I
County Commissioners viii be saved the ex-
pense Of erecting gsllows, since the new /
iail is provided with pair Of death traps.