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

Joseph has had very checkered career,
TO commit all manner Of crimes He YVES
imprisoned in Ohio for impersonating 4
L. 5. detective, and il IS said be was wap,ed
in that State TO answer for burning barns Of
weil-to-do farmers. He was generally feared
bv the inhabitants of the Iigonier valley,
where he lived. and was regarded as bad
man. Nearly every theft that was committed
among the good farmers Of that region was
laid al the door OF the Nicely boys. No
matter whether it was the rob5ing Of a
chicken coop or the more serious crime Of
relieving lonely widow Of her money, the
brothers were suspected A feeling OF relief
was enjoyed by their neighbors when they
were arrested for the murder Of farmer I'm
berger and since then all the residents of the
Lgonier valley have felt more secure They
have been compelled 10 employ new butch
ers. bar ;enders, choir masters, and jacks-of-
all-trades over there
Recently, when speaking Of the attempts
made By his brother and himself to escape,
Joe said: I'VE are not guilty, and we know
our innocence viii be proven il time. We
hoped to get away from this part Of the
country and live in seclnsion until the truth
Of the Umberger murder came out the ac-
tual criminals discovered and our reputation
cleared. Then we would come back again.
Il was not near the Umberger farm on the
day OF the murder I was at my home, IS
miles away. and that was proven at the trial.
l was never in Somerset county but once,
and did not know Umberger nor anyone
else around Jennertown.
Il always bad money. | owned little
farm and worked for my father and the
neighbOrs. | used to do all the butehering
for the neighbors. l never was without
few dollars. and owed no one. was happy
and contented and coveted no one's wealth.
Yes, indeed, have q good wife. Ny
eldest boy is teaching school this winter
three miles away from home; bnt be walks
to and from school every day that he may
be al home at night to comfort bis mother.
de is smart and good.
For the last three months Joe has shown
signs OF weakening. He had grown thin
and paid very little attention to his personal
appearance. The injuries he sustained early
70 December, when the attempt Of himself
and brother to escape from the new
jail failed so disastrOusely. were q con
slant source Of trouble to him. In fact,
be had not entirely recovered the use Of
his injured foot He evidently bad not de
SPARED Of making his escape, however, from
the fact that thirteen saws were found by
Sheriff Good in the cells of the doomed boys
only three weeks ago.
Dave Nicely has proved a conundrum that
not even his friends or counsel have been
able to solve. He always lived near the old
homestead in the Ligonier valley, and ap-
pears to have worked at nearly everything.
He was suspected by his neighbors of hay
ing committed many petty thefts, and it is
stated that on one occasion he was impris
oned in a neighbor's hen coop over night;
the neighboF's wife having seen him steal
his way into the coop barred the door. and
refused to release him until the following
morning.
Since le has been confined in the Somer.
SET county Jail Dave has kept his tongue well
oridled and rarely ever talked without con-
su,ang his brother. He appeared to have
been entirely under the influence of Joe and
depended upon him to do the talking
The waichmen at ihe Jail felt satisfied
that he would make confession after depu-
" sheriff McMillen was shot, and when he
proposed to make confession none Of them
were surprised. But when he destroyed the
written propositions be had made they were
convinced that Joe bad learned Of his inten-
Jion to confess and persuaded him TO aban-
DON'T. Dave talked very wellwhen be talked
At all, and has won the esteem of all the Jail
officials. He always enjoyed a joke with
them and occasionally repeated story. One
story that be was fond of repeating wss told
him by " Rev Amos Sell, at toe time that
unworthy shepherd was an inmate Of the
Jail His Reverence vouched for the
truth Of the narrative, which was as follows :;
knew an old farmer who lived in the
county of -, o. He was very profane, and
one bright morning in June was engaged in
hoeing corn. The corn was not very prom
ising. and the old farmer was very much
discouraged Hating near the middle of a
row be raised his hoe to heaven and cursed
the Almighty for not causing the stalks to
flourish as bis neighbor's. His blssphemy
wzs interrupted By an invisible hand, and
the venerable tiller Of the soil was parslyz-
ed on the spot. He is still to be seen stand
ing there in the uncultivsted, fed holding
bis hoe alof, and no power has been able to
remove him. have seen him very frequent
ly in passing, and he viii remain there until
the end of time"
Dave would laugh immoderately affer
repeating this story, and say, " / don't be-
ieve it, although reverend Sell declared it
was true.
David Nicely has suffered all his life from
heart disease. His left side is bulged out at
least two inches. and the beating Of his heart
=
He was very thin and tall and
walked as erect as Sioux chief His eyes
always had a far-away expression, while
his face was furrowed with lines Of disease.
" A mistake has been made in convicting
rs OF this crime he said to a newspaper
representative few days ago, "and we were
determined not to suffer five conld help it. I"
This remark was made in explanation Of the
attempts made to escape. proved I was
at home all the day of the murder, and if |
had not been my physical condition should
have been sufficient to prove that did not
climb the Laurel Hill mountain twice in
one day was never in Somerset county
but once in my life, and that was several
years before the murder, when | helped 70
bring traction engine across the mountain.
| never saw Herman Umberger did not
know him. or any one else in Somerset
county; 1 did not need his money, and l
didn't kill him shall not commit suicide,
because people would say that it was a con-
fession of guilt if must be banged I will
walk upon the scafFold like a man and de-
clare there, as | do now. that am innocent
Of the Umberger murder
Il has never been believed that Dave Nice
" fired a shot on the night OF the Umberger
murder, and that he was only dragged into
it through his brother. A great deal of SYM
pathy has been felt for him by the public,
who have always believed Joe to have been