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

20 many startling rumOrs nave oeeh IA
circulation the past three weeks in regard
TO a contemplated attack ON tie jail by
friends Of the Nicely boys, for the purpose
Of securing the release of the Umberger muir
derers, that the County Commissioners We'd
nesday evening caused guard. composed Of
James N. Marshall, Tobias Yoder, Simon
Borkev and George Cole TO be placed on the
outside OF the prison. The guard are armed
with Winchester rifles and are made cf
the stuff that would make long fight in
csse an attack is made Standing on guard
nights such as we have experienced the past
week has been a most unpleasant duty to
perform
Thursday morning neatly-dressed, pro-
fessional1ooking gentleman arrived in town
on the e:l0 train, and went directly to the
office Of Of Gen. Cofroth. In few minutes
the stranger and the lawyer appeared on the
streets and were joined by DR.. II. S. Kim
mel. After the doctor had been introduced
TO the stranger, he conducted him to the
iail. II soon became known on the streets
that the stranger was a physician, and had
presumably come to Somerset atthe instance
Of the NioeIys for the purpose of examining
the mental condition OF Joe who is believed 10
be shamming insanity The strange Physi-
clans name is Dr. 0rth, and current rumor
places him at the head of the State Insane
Asylum at Harrisburg, and close personal
c-s.,l sc f,,-or,,or poffison
The two physicians spent several hours in
the jail Thursday morning, noting the per
formances Of the prisoeer DR.. 0rth noticed
that Joe had marked off z triangle on his
cell floor, and always walked on lis lines.
For the purpose of testing the prisoners
sanity he entered the cell and took up his
position at one corner of the triangle, while
Dr. Kimmel stood at another. Joe continued
his triangular walk, and when he would
comeup 10 either of the physicians he would
stop short, look up quickly, and then shake
his head and stamp his feet. DIR. 0rih laugh
ed heartily at this manifestation Of the pris-
oners and remarked, you don't need to
do that, Joe really makes no difference it
TO me how you act. The doctor expressed
desire to see the prisoner eat, and was
present when his supper was handed in.
Joe took the plate containg his food and
tin filed with coffee, and earring it to the
side of his cell set them on the stationary
washsiand. He ate several bites Of his sup
per and then put the tin to his lips to take
sip Of coffee The coffee proved to he boil
ing hot and the prisoner took the tin cup
between his hands and carried it around the
triangle several times until it became cool,
when be completed his meal.
Dr. Orth left on the morning train without
expressing an opinion as to Joe's sanity or
insanity He intimated that on his return
to Harrisburg be would make a report and
submit it to Governor Pattison.
A telegram from Harrisburg Saturday
night reads Governor Pattison tonight
said that the visit of Dr. 0rth. of this city,
to the cell of Joseph Nicely was not by his
direction. The Governor has not taken any
action OF the application for the respite of
the murderer, and will not likely interfere
with the execution Of Joseph Nicely's death
warrant. The evidence of the latter's in
sanity is not sufficiently conclusive to justi-
/ fy the Governor in staying the execution and
as 10 the guilt ofthe Nicely brothers, moth
ing has been produced 10 convince him that
they were wrongfully convicted. GOV. Bea-
yer spent several months investigating the
case before his successor was inaugurated,
and he is said to be of The opinion. as a re-
suit of his inquiry, that the Nicelys were
guilty of the crime for which they are TO be
hanged next Thursday
ss
About O'Clock Friday evening Sheriff
Good received the following dispatch.
SALISBURY, March p, 1891.
Be on watch tonight Parties on way to
! release the Nicelys.
A Friend.
The friend" probably sent the dispatch as
joke, and the sheriff regarded it as such.
Leastwise, the attack never materialized.
Saturday afternoon an attorney display
ed an envelope at different places about town
and volunteered the remark, if the people
of this town knew what this letter contain
cd the death watch would be taken from the
jail and the outside guard dismissed" He
/ declined to reveal the contents of the letter,
out it only required few minutes for the
story of the lawyers mysterious letter TO
gain circulation, and in a half hour dozen
different rumors were current. The sheriff
Office was visited by large number of men
later in the evening 10 inquire if it was true
that he had received a message from the
Governor telling him TO relieve the guards
from duty, as he had determined TO grant
the Nicelys respite in consequence Of DIR
Orths having reported Joe Nicely to be
deaf dumb and blind. The sheriff assured
his visitors that he had received no such
communication from the Chief Executive of
the state.
FITzsIMMoNs CHARGED WITH UNAERGERs
MURDER.
Fitzsimmons, the murderer of Detective
Gilkinson, of Pittsburgh, is charged with
nearly all the murders and rob5eries that
have been committed in Western Pennsyl-
vsaia for the past decade. The latest and
most startling of all is that of charging him
with the murder of Farmer Umberger, but
as usual with all last hour canards there is
but little stock taken In IT, Below we ap-
pend the letter in which the charge is made,
which read and judge for yourself as to the
truth or falsity Of the statements contained
therein. The letter was written Friday and
mailed from Homestead, Pa
ACCUSED OF ANOTHER CRIME.
A" wish to inform the good people of
WestmorelaBd county that they have un-
justly accused the Nicely boys of the murder
Of Farmer Umberger. If they hang those
boys for that murder they will commit
eold-blooded murder. How unjust how
unkind have those witnesses sworn ir order
TO get the reward offered for their convie-
ton Think of all Fathers. sons and BROTH
ers. place yourselves in the Nicely brothers
position and you will zee the injustice of
jury law.
They were honest toilers OF the soil-the
most honest class of people on earth. They
could not have been induced to have left
their loved families and commit such an
awful crime No, never
The acts Of the State will leave these chill
dren fatberless, and those mothers weep
ing Oh, how uniasts It is bringing their
parents heartbroken to their graves. Gov
ernor Of Pennsylvania, save the lives of the !