The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-01-21
The Death Warrant Signed.
Joseph and David Nicely
to Hang April End.
They Went to Sleep on Menday
Night Thinking Gsv. Beaver
Would Not Set a Day for
their Execution.
The News Broke to Them by
their Counsel in the Morning.


and David Nicely have been condemned to
die on Thursday. April 2nd Governor Bea-
yer affixed hissignaiure 70 the death warrant
Monday afternoon II was one Of bis last
official acts a most unpleasant duty, but
It had TO be done No more after discovered
evidence required
A telegram announcing thas Governor
Beaver had affixed bis signature to the death
warrant Of the Nicely boys, and named
Thursday, April Ind, as the day for their
execution. was received af The Herald Office
shortly after dark Monday evening. The
message was Immediately taken to the sher-
IFS office and shown to the jail officials.
Sheriff Good said be would not break the
news to the condemned men until after the
Official papers had been received from the
Executive Department. 50 the prisoners re-
tired for the night believing that the Govern
or had refused to act in their case, and never
dreaming that their last hope had been
swept away and that only seyenty-two days
remained 10 them in which to make tkeir
peace with God
The last three weeks have been iadsnei
With awful suspense 10 the condemned elen,
and ia their miserable. crippled condition
they have hoped against hope Fraay-
e doomsday passed without any news
from the Governor, and sinee then they
have frightened up wonderfully and freely
expressed their bssief that Governor Beaver
would not issue their death warrants
Friday evening Joe Nicely was locking
eageriy through the grated bars Of his cell
door, when one Of the jail officials passed
through the corridor in front Of him east
ing a Oeseechiug lock into the official face,
he did not venture to speak.
Wei, Joe, we've heard nothing from
Harrisburg yet, remarked the officer.
I'm glad you told me, came joyous
reply from the prisoner was afraid 10
ask you Every time lock has creaked
the past week, thought it meant the Sher-
if was coming with bad news
The Governor won't sign the death war
rant said Dave, with a laugh-the frst he
bad INDUCED in for six weeks-Nonday
morning. - was afraid be would usdl
Friday, but when he didn't DO iI then. am
satisfied he won't do il az ali
Since the efforts of counsel two weeks ago
I 10 persuade Governor Beaver 10 withhold
I his signature from the death warrant Of the
( Nicely boys. both of the brothers Lad been
very despondent, but Friday passed without
anything having been done, and they re-
J FsH-.a -at,s 4
had been led to believe that f'be Governor
did NOT sign the death warrant before that
tine he would not do 50 al all, and that bis
successor. Governor Pattison, would vot vio-
late the custom OF his predecessors. who
have always refused 10 take action in such
! cases.
I A telegram from Harrisburg says The
I Governor carefully considered the evidences
I laid before him in the light Of the speeches
( Of the counsel fer the condemned men, and
decided their case not sufficiently establish
ed 10 Justify him In leaving the unpleasant
matter as a legacy to his successor.
The news Of the Governors action was
shock to many of our citizens who had
come to the conclusion that justice had mis-
carried ard that the Nicely boys would De
inmates Of the county iaii until released by
death. Expressions of quiet satisfaction at
/ the Governors course are heard on al sides.
/ It IS hardly reasonable TO expect, in face Of
( the prolonged and persistent fight that has
been made to save the necks Of the Nicely
I boys from the hangman's moose, that no fur
/ theF efforts viii be made in their behalf. but
in the light Of ali that has transpired further
I efforts would seem madness. Only one more
avenue of escape remains untried and that
/ is whether the Court had authority 20 eause
4 prisoners under sentence Of death to be con
fined in the prison Of another county in the
Commonwealth. In view Of the ruling Of
/ the supreme Court that the day has gone
By when murderers can escape on mere
/ technicalities, We do not believe that step
viii be taken.
! Sheriff Good does not relish the legacy
that has befallen him bat viii perform his
/ duty with q cool calm, as ex-Sherif Per
ry Walker expressed It.
The Nicely boys were informed Of the
/ Governors action BY one OF their counsel
Tuesday morning. We have not learned
how news affected them. No visitors are
permitted 20 see them.
The pastor OF one Of the most prominent
P. churches il town has has u.ade frequent
visits to the condemned men since they
have been suffering from the injuries sas-
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