The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
A CELEBRATED CASE.

A CELEBRATED CASE.
Locally, and in fact, throughout the
borders Of this Commonwealth, the case
which terminated with the execution OF
Joseph and David Nicely on Thursday
last has become a cause celebre. The
crime, the trial, the conviction, and the
desperate efforts to cheat justice of its
dues, will 60 down in the criminal an
mails of the State, a study, wonder and
a lesson to members Of the legal pro-
fession.
On the evening Of the 9th day Of
February, 1889, Herman Umberger was
foully slain on his own hearths;one, IN
the presence Of his aged wife, and the
savings of a long and laborious life car
ried away. Joseph and David Nicely
were suspected as the perpetrators Of the
double crime. They we're tracked to
their homes, arrested, and committed to
prison after preliminary hearing They
were tried by a jury carefully selected,
before Judge noted for invariably tenn
pering justice with mercy, and defended
bv counsel Of their own choice, known to
he skilled in the intricacies Of the law.
A conviction followed an appeal for a
new trial was made, argued, and refused
the sentence Of death was pronounced,
and the case was carried TO the highest
Judicial tribunal Of the Commonwealth.
There. more than ordinary latitude was
allowed the counsel for the defense, and,
after a patient hearing, that august body
unanimously decided that there was no
cause TO reverse the rulings Of the court
below. This, ordinarily, would have
been deemed final and conclusive as TO
the fate Of the criminals, and, in our
Judgment, there the case should have
ended. The counsel for the defense had
done their whole duty to their clients,
and Justice should have had its stern
and unbending way. Not so, however,
thought the counsel, and then there COM
menced struggle to overrule the find
ing of the courts. Once, twice, thrice
were appeals made to the Board of Par
dons to advise Executive clemency.
Statements, afiidavits and alleged con-
fessions of unknown and heretofore un-
heard Of persons, were adduced as after
discovered evidence, only TO be waived
aside by the Board Of Pardons as irrele.
want and unworthy of belief Then an
information for conspiracy was made
against the officers who had made the
arrest, only to be dismissed as unfounded.
Here again, il was but natural to suppose
the struggle would have ended but the
resources of the doomed men had not yet
been expended, and Joe Nicely suddenly
assumed insanity. He enacted this role
so perseveringly that DR.. Kimmel, CON-
psrAtively young man, whose large prac-
tice, however, has given him but lin
tied experience in the phases of this
disease, began to doubt, and finally con-
cluded that the afiliction was real. No
sooner did Dr. Kimmel express this
opinion, than DIR. Orth, Of Harrisburg.
was brought upon the scene, as an expert
in cases of insanity. He examined the
patient studied the case, and departed
with gravity and reticence that was
imposing; and then came dispatch TO
the counsel that the learned expert had
certified that Joe was really insane. and
at once another appeal was made for Ex-
ecutive clemency. But Governor Pattison
refused 70 be moved, and the result vim
dicsted his wisdom, for no so sooner was
the alleged insane man made aware of the
fact, than instantaneously was his sham
ming cast aside; whereupon one of his
eminent counsel impiously declared that
"God has cleared up his mind at this
final moment for a purpose. He has
done Il in order that he may meet death.
assert his innocence, and clear his mem
ory and leave his children his good
name" As if the Omnipotent was
miraculously interfering, to give a con-
demned murderer an opportunity to
assert his innocence and clear his mem
ory"!, But setting aside this miraculous
Intervention Of Divine Providence. in
whats pitiful plight it places the learned
medical expert who was so swift to GER
tify. One thing is certain-Joseph Nicely
was not insane, notwithstanding the as
sertions Of the legal and medical experts.
One other thing may be relied upon. The
evidence Of experts will hereafter be
looked upon by juries in this county
with more than the usual amount of
suspicion.
We make this brief resume of the case
because Of the persistent efforts of inter
ested parties to mislead public opinion
as to the guilt of the unhappy criminals.
Ii is due to the court, the jury and the
counsel for the Commonwealth that not
the slightest cloud of suspicion should be
attached to their actions. Nothing could
be more detrimental 10 the interests of
Justice than the doufsf that the lau- hos