The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-01-14

married 10 a man named Homer before her
marriage 10 Umberger and had children and
the General wanted the Governor to under
stand that the Horner children Of Mrs. I'm
berger would naturally prefer some other
distribution Of the money than Umberger
was about 10 make. Indeed, Gen. koontz
thought it rather strange that grandson Of
Mrs Umberger, who resided with her should
have been absent from home on the night Of
tue murder. ami that the only explanation
ever given was that be had gone TO the store
for Intervening.
swEEFINo cHsR Es or ERRoR-
The two Somerset attorneys reviewed the
entire evidence in the case and agreed that the
Somerset Conrt had erred, that the Supreme
Court had erred seriously, and that the Par
don Board had BEEN most unfair in requir-
ing them TO absolutely prove the innocence
Of their clients If the story they tell is
true. the innocence of the condemned men
has been transparent throughout, and they
have been mos, unjustly treated by all
trioanAls.
Mr. Butler was impressed that one " Col.
Hamilton, who had first been accused aud
released on proving an alibi, was the right
man. and he 50 informed the Governor.
Hamilton be described as 8 bad man gener-
ally, who had done time both before and
since the murder, and who wlen arrested
on suspicion, was found with god ~ atoh,
a gold coin, and q revolver under his pillow,
aud the legend above the door, Death TO
all who enter here
Judge Hunter told the Governor about
the good character Of the Wesimoreiand
witnesses in favor Of the Nioelys.
NOT A PERSONAL APPE1L
Messrs McCarrell and Gilbert argued 10
the Governor that he had a perfect right to
withhold his signature from the death war
rant and that il would not be turning over
SD unpleasant duty 10 his successor for they
appealed not to him personally, bot to the
Governor Of Pennsylvania. whose office is
continuous. Gov. Beaver did not say at the
conclusion Of the arguments what his decis-
ion would be- though be inIimsted that the
pressure brought against the Nieelys was of
such character as to possibly make him do
what be did not want to do.
~
The above article appeared in the Pitts
burg CossHsereiai Gazette Saturday and was
reported By a special representative, who
reported the case at the time of the
trial. Our readers, who are familiar
with every detail Of the case and with the
shady after discovered evidence that has
been secured and laid before the Board Of
Pardons, viii read it with feelings Of mingled
amusement and indignation. Amused at
the philanthropic position taken by counsel
for the condemned men, and Indignant at
the uBiusti6ed insinnations thrown out.
The HERALD in It's capacity as a chronieler
Of public sentiment has repeatedly stated and
now repeats that the people Of this county
are no, thirsiing for the blood Of these mis-
erable men. In fact, ninety mine ouI OF eve
rs one hundred of our citizens would gladly
welcome their escape from the gallows but
at the same time all have an inherent love
Of justice, and respect for the laws of the
Commonwealth and cannot entertain the
thought Of permitting convicted murderers
to battle the ends Of justice by the use Of
money whirh all believe was obtained from
their murdered victim.
There has not been 8 single mitigating
circumstance in behalf Of the Nicely boys.
The facts are that their conduct since the day
Of their arrest has been of such a character
as TO disarm what little sympathy would
naturally have been felt for human beings
condemned TO suffer violent death
The delay of the Chief Executive Of the
State in signing the death warrants has driv-
en- many TO the beliefthat il is an easy mat
ter for murderers 10 escape the gallows in
Pennsylvania and that the only way to pre-
vent justice from being carried into contempt
is to abolish capital punishment altogether.
Notwithstanding that only few days re-
nsin Of Governor Beavers administration,
We do not believe that he viii refuse to take
action in the Nicely case, nor do we believe
that he viii grant them a Communication Of
sentence. Regardless of the eloquent pleas
of learned council and touching prayers of
heartbroken parents, We cannot believe that
he will take the responsibility of ignoring
the finding OF the jury who sat upon the
case, the sentence Of the court and which
subsequently found ii impossible to grant
new trial, TIE ruling Of the Supreme Court
Of the State, who significantly remarked in
the opinion handed down that " the day has
gone BY when red handed murders can
escape on mere techBicalifies,n and the refu-
sal Of the Board of Pardons to recommend a
commuiation Of sentence after listening to
almost exhaastless argument.
The responsibility is too great for one nan
TO bear, and we cannoi belieye that Governor
Beaver is going to assume it,
From The Philadelphia Times.
HARKsBuEe. Jan. Ex-Governor Beaver To-
day listened nearly four hours TO pleas in
the interest of David and Joseph Nicely.
who recently escaped from the Somerset Jail
and were recaptured.. The purpose Of the
hearing was to induce the Governor 10 with
hold the death warrant. in the hope that
such action would save the murderers Of
Herman Umberrer from the gailows-
Two new counsel appeared in the lannon's
case. Ex-Judge Hunter, Of Westmoreland,
opened the discussion by referring 10 The
good reputation enjoyed by the witnesses
from his county who testified for the defense
al The trial.
General coaFrosh pleaded warmly and elo-
quent,y for the prisoners. He said he had
adopted different means 10 test the sincerity
OF their declarations OF innocence aud the
results were in every instance confirmation
of his belief that they were not guilty Of
connection with the murder Of Herman
Umberger.
L. Bntser said be had been told By the
father of the Nicely boys and two other gen
tlesntn who bad called on the Governor that
n 4