The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-08
Summary of Sentiment.
eESKnAIs corrnorH AND Koosrz rEIL
THE STORY OF THEIR DEFENSE OF THE
NIcELYs

Prom the HERALD Extra, April >
General A. II. Cofroth, senior counse
for the Nicely boys, tells the story of hl
connection with the case in most inter
esting and thrilling manner. 4 wa
called upon by 4. A. Nicely, father O
Joe and Dave, shortly after their arres
and asked by him to undertake their de
fense. He also told me that he wished te
employ another attorney and asked me
to namea man in whom had confidence
and suggested Gen. W. II. koontz, anc
after a consultation with that gentleman
he consented to cooperate with me IN
the conduct of the case. We began the
defense, and its successive steps are mat
tiers of history.
"DoI believe them guilty? No, sir,
do not, and from anything either has
told me, or anything / have learned
here, have grounds for such belief
They solemnly affirmed their innocencs
to me on the occasion of our first meet
ing, and have reiterated It from time to
time under circumstances that lead me
to think they are innocent men Dave
Nicely, in particular, has parsistently de
MED completely in or knowledge of the
crime of killing Herman Umberger
Joe, in his sane moments, was equally
positive in his assertions. Let me Illus
trate. This morning was in the jail Is
minutes before Dave Nicely was immers.
ed, and calling his attention to the pro-
posed rite, its sanctity, its meaning as 9
preparation for the awful ordeal through
which he is to pass, l said solemnly tC
Dave, David, are you guilty man ?
He drew himself up, and looking at me
steadily, ne said, am an innocent
man. A few minutes afterwards the
minister of God came in and Dave was
immersed aud professed his faith in the
merits of Christianity. Is this the ap.
pearanee of guilt can cite q still
stronger example, and, to my mind, the
dramatic scene of my lifetime and
professional experience. One day, after
the Supreme Court had cut off all hope
in that direction, and after the desperate
effort they made at liherating themselves
in which they shot Deputy Sheriff Me
Millen, old man Nicely came to me and
asked me to 20 with him to see the boys
The Sheriff had placed a guard on the
Jail, and, assuming the responsibility foI
everything the guard was expected to
cover. / sent it down stairs and left the
old man alone with his son, passing into
the corridor meanwhile and keeping out
of ear shot of the condolences of the faith
er and son when enterchanging. Final.
lv walked up to the cell, and the two
arose together The old man turned
around and faced Dave, regarding him
with all the love that desperation and the
knowledge Of an imminent separation
can crowd into a fathers face and eyes
and bursting into tears said. oh Dave
my son, my youngest son, my last born
son, you see into what trouble this affair
has brought Us all, you in the shadow oi
death and and your mother in the very
depths of despair over your condition
and that of your brother. You have
whitened our heads prematurely and arr
fastening US toward the graves which
are already too near. On son, my
son, my son,if you are guilty. tell me now
confess and let me know all > The faith
er's feelings overcame him here, and
turning his eyes imploringly on his son
besought him to unbosom himself
David's tears we're mingling with those
Of his father, but drawing himself up he
steadied his body and his voice and sol
emnly and distinctly declared his limo
cence. Il believe you, my son, believe
You, and IN do all in my power to helE
you establish your innocence" The
father and son fell into each others arms
and there was as sad scene as | have
ever witnessed. might multiply in
stances of this nature, but these will q
to show the trend of things and at tbs
same time give the basis of my belief il
their innocence.
another factor in this fabric of limo
cence. asked Dave and Joe one day
after the Supreme Court had affirmed the
finding of the Somerset county court il
their case, Gentlemen, if you can ar
range to furnish the means this case car
be carried up to the Board Of Pardons-
think at least commutation of sentenc'
may be arranged for, and perhaps an alb
solute pardon
How much will it take? pr asked bOtf
of them. Well, four or five, or 81,
thousand dollars said l, trying to draw
them out in regard to the Umberge
money, which it was said they had Ia
ken on the night ef the murder of old
man Umberger. l watched them mar
rowly for few minutes, and Joe said
"there is a man in the neighbcrhood
who, think, will advance me a thou
sand dollars if father win back the note
for me. That is all can raise"
81 think Mr.. Rodebaugh, Of Suter
will let me have thousand dollars to
aid me in case ike this" said Dave
BOYS said /, where is the Umber-
Der money? 1t is claimed that thousands
were lost that night. l do not care what
you have done with it or where you have
put II. Let some man come to me, | dc
not care to know his name, and say he
wants TO put money into this case to
save your lives and l will ask no ques-
tons about the source Of the money or
try 10 discover the identity of the man.
was still trying 10 see if | had been
mistaken in my estimate Of their inne-
cence. They neverquivered, never moy-
ed facial muscle or manifested the least
sign of guilt or confusion. Both said
they had not a penny, and had never
touched or seen a cent of old Unber-
gers money. This convinced me more
than ever of their innocence and has
kept me stable in this belief"
General ". Fl. Koontz, who has been
associated with General Coffroth in he
defense of the Nicelys, said last night
/" An attorneys duty to his client in a
capital case ends when the drop falls and
no. before. l began the defense of Joe
aud Dave as conscientiously as l ever
did anything in my life and have made