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

pocketbook, or anywhere else. The pocket
book produced at the trial was not David
book was older, not near ss new, one en-
torn off; represented as Umbereer's book
was not Darid's book. Squire Graham re
fused TO give me warrant, because he ssi
Squire Griffith bad always done nv busi
ness Rsuch and Camp said that they want
ed TO show poeketbo0k TO Thomas TO see il
was Umberger's small papers like receipt
ia book don't know what they were.
Cross examined.-Did not tell Squire Grl
ham that wanted to take the matter befoF
the Pardon Board. ! asked him for blanl
subpanas ! wanted TO bring witnesses be
fore Pardon Board did not tell him thi
was for the purpose of influencing Pardol
Board Ny wife made oath before SOUR
KeeRer against these parties. l went L
Squire Graham few days beflre my wifi
came before Squire Keener Squire Griffith
of Ligonier, refused to give me warrant.
Tried to get warrants for these defendant
in Latrobe, bat was refused there, too.
had my wife make oath because / though
it wa. her place to do it. I didn't tell off
GERS that l didn't know anything about Il
pocketbook told Mrs. Nicely what officer
we're after, and she gave them book toll
them there was no money in book | knew
where money was; had no right to tell them
book | had the money but didn't tell them
/ knew there was money in house tha
Menoher had taken out OF book MenoheT
who brought book, said money was in book
didn't tell Constable Ambrose lied to Off
GERS about money.
John o. Hay Live in Somerset county
am a farmer know Rauch went to Jenne
X Roads latter part of April or first Of May
asked Rauch, How are you getting alonl
with case?r Ranch ssid, I've got thing
fixed and we're going to hang them"
Cross-examined: Was not drunk non,
of your business how many drinks | har,
in me now. Commonwealth here restec
their case.
Joseph Ambrose, one of the defendants
testified as follows Started home after 5th
March with detective Gilkinson in carriage
coming up the mountain met two men com.
ing up in buggy those msn were George
Nicely and Watson Menoher heard Memo
her call to Thomas, "You had better give il
to me now now Thomas handed him the
pocketbook were close TO them it was
between 3 and O'Clock Gilkinson noticed
it, too never knew Constable Rauch until
the 4th Of March never knew Camp they
came to Ligonier and asked me three or four
days before to go along to get the pocket
book did not 90 because they did not have
search warrant the next day they had war
rant and / went with them. Anthony
Nicely told me, Il did lie to you yesterday
about the pocketbook. Camp then said,
"oh, that's all right" Saw pocketbook
when Camp and Rsuch got it it was the
same pocketbook that was presented in
court helped these men to search at other
times know nothing of any confederation
between these persons.
Rufus Shsfier, another defendant, said l
was with Rauch and Nicelys after getting
the pocketbook Watson MeRoher said he
hadn't the book, but had taken it TO 4. A.
Nicely's; be said there was $40 or $50 in it /;
went with Camp and Rsuch TO A, a. Nice
ly's Nicely said he knew nothing shout the
book; he said be knew nothing about the
money Watson Menoher said (sfter getting
into the carriage short distance from tue
barn. boys, told you lie; there was
800 in the book come back and | will
make it all right Nicely showed the
money in his poeketbook but said it was
with his own and ne couldn't tell ii from
his own; the pocketbook produced in court
as Umberger's looked exactly like the one
we got at A. A. Hicely's-the same marks
we're on il. | was with Rauch 10 make the
arrest, also TO get the pocketbook, and at
another time with search warrant. Did
not conspire together to convict the Nicelys;
don't know of anyone conspiring against
them.
John O. Rauch, another defendant said :
Was Constable and special detective, ap-
pointed by the Somerset court was directed
by District Attorney to investigate the case !;
went to Menohers and then TO A. A. Nice
Tvs in search of the peck stbook on March
2lst.
Menoher told us that there was $40 or $50
in book said he'd took the book TO Nice
ly's Camp was sent to Ligonier through di
rection of counsel kooser; Nicely denied
any knowledge of pocket book; Camp got
book from Mrs Nicely; went to Ligonier
with the intention of arresting Menoher
who admitted that be lied to US and said
there was 500 in book. They went back TO
Nicelys and after again denying that lie had
no money be finally admitted that he bad
the money in his own pocket book and was
mixed with his own; book was shown to
Ambrose in Lgonier. The pocket book
produced in court at time of trial was the
book we got at Nicely's. Had no conftdera-
ton with any one to conspire against the
Nicelys in order to fasten this crime upon
them Know Hay who testified here did
moi say what lie tcotiAitu ios AiN was "a ltfh
at the time l met him; the pocket books
Camp show ed to Thomas was his own ard
and the one we got at Nicely's; never talk, d
TO Lincoln Shawley about the case. Here
the Commonwealth endeavored to put in
Shaw ley's deposition taken before Justice,
TO present to the Board of Paedons at one of
the times an effort was made to secure
but the defendants counsel
objected and an animated discussion ensued
in which Shawley was said 10 be a very un-
reliable witness, which the counsel for de-
PENDANTS offered to show if it was admitted.
The. Commonwealth then Withdrew III. Did
not say to Hay that | bad fixed case up !;
Hay wanted me to say had ; got no money
from Mr. Nicely that day.
Mrs. Glessner testified Live in Ligonier :
was at home February p, 1889; saw David
Nicely about lI:3O at my back door; he was
there 10 or IS minutes. He asked If a fami-
ly, which had been living in our house. had
taken their horse away. | am sure it was
not Ez Nicely.
Peter yogle said Took Thomas testi-
mony at time of murder.
Mr.. Kooser testified; | was private eoun-
sell The District Attorney and myself work
ed together in this case, had frequent in
teryiews with Rsuch. ! had from de
tective Gilkinson's agency an account of
Thomas handing over the pocket book to
THE PEOP.
FIFTH AVE-, Pl'
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