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

Miss Ella Stern, who was living at the
house Of Herman Umberger at the time
the murder was committed, was called
and testified to the circumstances sub
stantially as she did at the habeas corpus
hearing. The witness pointed out the
defendants and identified the bat, hand
kerchief and overalls worn by them on
the night the murder was committed.
She was subjected TO a long and tedious
cross-examination, but stuck to the story
she told the morning following the muir
der and counsel we're unable to make
her contradict any Of the statements
made at that time.
Mrs. Nancy Umberger was next called,
and related the story of her husbands
death and described accurately every
thing that had occurred in her home on
the night Of February 27th.
POSITIVE IDENTIFICATIoN.
"Never in the forty-seyen years that
have practiced law have in any case,
civil or criminal, seen or heard better
witness in any court than that little girl, .
whispered "Uncle John Cessna to a
/ HERALD reporter, as little Mamie Horner,
the ten-year-old granddaughter of the
murdered man, who Witnessed the mur-
der of her infrm, gray-haired grand
father, left the witness stand. Her tes-
timony was clear, straightforward and to
the point, and her Identification Of the
'short" man and "long, was most posi-
tive.
Never was a witness in any case e, er
tried in a Somerset county court subject
ed to more rigid, thorough, ingenious
cross-examination than was she at the
hands of General Cohroth, the senior
counsel for the defense but his failure to
elicit the slightest contradiction or yari-
alton from her examination in chief was
most signal. She recounted the story Of
the two strangers coming TO the lonely
farmhouse on the fatal February night !;
of their representing that they were Bed
ford county officials on the hunt for stol
en- goods, and of their search Of Mr.. Um
berger's house told how the unsuspect-
/ iuz old farmer had shown them from
room to room how, becoming suspicious
of the strangers, he had placed his pock-
etbooks, containing a lifetimes hard
earned savings, m his inside vest pocket !;
their return TO the family room, when the
'little' man whipped out a revolver and,
! pointing it at Mr. Umberger, demanded
HIS MONEY OR HIS LIFE.
She then told of the struggle and the
firing of the fatal shot Pointing to Joe
Nicely, the witness said There is the
short man y" and, pointing 70 Dave
''there is the long man."
She described infinitely how both men
were dressed She was shown an over
coat that vas found at the house of David
Nicely at the time of his arrest, and iden-
tilted it as the coat worn by the -long
nan" on the night of the murder by
LITTLE BROWN PATCH
on the side Il have not seen that coat
before since the night the man had it on
at our house. know these are the men
by their size, eyes, noses, voices, and mo-
tons said the witness. She said the
"little man" wore a brown Derby hat,
with a piece out Of the rim, and was pos
itl9e that the hat shown her (the one
Joseph Nicely was wearing when arrest
ed was the one worn by the ''little man"
that night.
General Cofroth cross examined the
little lady for several hours. but was un-
able to shake her testimony in fact. he
drew forth some of the most damaging
statements made by witness, especially
in regard to the overcoats-one of which
had been in the Sheriff's custody since
the murder and which no one had been
permitted to examine until it was brought
into court. Holding it up before the
witness, General Coffroth asked. chow
do you know this is the eoatg" 1T has
a brown patch on it, was the quick re
sponse. but there is no patch here
said the attorney. "The coat has two
sides said the witness turn it around
there Is the patch" and her bright
little eyes sparkled The witness had
noticed the coat particularly the night of
the murder, and her Identification of
it was most complete.
TRACKING THE MURDEREss.
A number of witnesses testified to
tracking the murderers through the snow
the morning following the murder. One
of the tracks was made by gum and the
other by leather boots and were followed
10 point on the pike above Ligonier.
-Four or five witnesses testified to bay-
ing seen Dave and Joe Nicely travelling
on the road towards Somerset county on
ne afternoon of Feb. 9th, and one wit
ness remembered that Dave had oum
boots on, while others described hat. can
and overeoats worn by the Nieelys.
Other witnesses testified to having
seen two strange men-one tall aud one
short in the neighboThood of Umher.
gers on the evening of the murder.
THE roCEEr BooK.
William Thomas. Kveryman from
L'gonier, testified that he was driving
carriage, containing the officers and the
Nicely boys froin Lgonier TO Jenner-
town on March 5th. the day after the ar
rests were made, when Dave Nicely and
he were alone in the carriage at Laugh
linstown Dave handed him a uoeket.
book and requested him to oive il 70
Watson Menoher, which he Afterwards
did
Watson Menoher, who is married To a
sister of the Nicely boys, testified to re.
ceiving the poeket-boOk with 500 in II
tie took the money out and gave the
pocket-book to A. A. Nicely, and after
wards gave the money to bis fatber-;n-
law.
CONSTABLE JOHN o. KAuGH.
The next witness called was Cepstable
Jonh o. Rauch, who made the arrests
and from the time of the murder down