Oakes weekly Republican. (Oakes, Dickey County, D.T. [i.e. N.D.]) 1883-1898, 1891-04-10
GUILTY OR NOT.
The Nicely Brothers Hanged-..They
Protest Their Innocence
to the Last.
How the Claim of Circumstantial Evil
dence Was Woven Around
Them.

How the Claim of Circumstantial Evil
dence Was Woven Around
Them.
Many Facts Adduced Which Would
Seem to Constitute Serious
| Flaws.
, The Nicely brothers were hanged at
Somerset, Pa, on the I'd inst. They
both died game and protesting their
innocence. Death resulted from
strangulation. The bodies were cut
down about nineteen minutes after
the trap was sprung.
The crime for which David and JOS
eph Nicely paid the extreme and awful
penalty OF the law stands out pre-
eminent "a !hs.eaing one OF the most bru-
tai and deliberate and at the same
time mysterious crimes for which two
men were ever hanged, when shred
OF doubt remained as to their guilt.
On the evening OF Feb. 27, 1889, an
ugly, cold s!eet was falling that drove
a little country family closer to gem
erous fire in the home OF Herman UNI
F, berger, in Somerset county, about
| two miles from Jennerstown. Some
| time before this it became generally
known that Farmer Umberger had
been gathering up his money and col
lecting all loaned money, presumably
fearing the banks. 1t was also known
that he was wealthy, and, after this
collection, kept large sums Of money
in the house. At this time the family
consisted OF Herman Umberger and
wife, Mamie, two grandchildren, Mel
lie and George Horner, and the hired
girl, Ella Stern. On the early evening
of the day mentioned, just after dusk,
there was q ran at the door,
and, in response to Umberger's g
invitation to enter, there came Two
men into that hospitable home whose
appearancecast chill over the b ouse-
hold. One had his head bound up in
two common red handkerchiefs, while
the other had his face covered by a
false grey beard. The men were invit-
ed to the fire, and, after some talk,
the smaller man said they were officers
and were searching houses for jewelry
supposed to have been stolen from q
peddler. They then read what pur
ported to be a warrant signed by
Squire Raucb, OF Jennerstown. Then
began All ostensibie search for the al
legged stolen jewelry, but in reality for
the large sums OF money known to be
kept in the house. After some search
Umberger, the two men and Mamie
Horner went into a bed room, where
the smaller man pulled out a bureau
drawer, exposing two pocketbooks,
which the farmer said contained mon
ey to pay his hands. Umberger pick
ed these up and placed them in his
vest pocket, and becoming alarmed at
the fearful looks OF his strange guests,
sent the little girl for his wife. She
ran in and said the farce had gone far
enough. The party then went into
the sitting room, when the smaller
man pulled a revolver and, pointing
it at Umberger, cried:
"Your money or your life!"
This he cried again, then deliberate
ly began firing at the old man, who
had thrown up his hands and backed
into corner. The men had evident
ly intended murder, as they gave the
man no chance for his life. Umberger
| l., ~ ,le =
the other III his breast. The wife ran
into the kitchen and wildly rang the
bell that served to call the hands to
the meals. In a moment her aged
husband staggered through the kitchen
door and fell dead at her feat. Short
as was the time occupied, however, the
desperate men had secured what they
hau come for-the two pocket books,
which contained between SIG, ,OOOand
$4,000 in gold and greenbacks. In
ten minutes the house was filled with
frightened neighbors, but the men had
gone aud left no clue. A reward OF
$4,000 soon sharpened the eyes ofthe
good people OF Somerset county, who
were up in arms after the outrageous
deed. Lewis and Charles Varmear
came forward aud first started the
keen eye of suspicion towards the Nice
lys by stating that they had seen the
brothers crossing Laurel hill on the af-
ternoon OF the murder. The Nicelys
lived near Ligonier, fifteen miles from
the Umberger place. They were we'll
to-do people OF the Dunkard faith,
who worshiped in a little church erect
ed on their own large farm. One son,
Joseph, was married and settled On a
farm given him by his father. Hewas
81 years OF age, industrious and al
ways had money. David Nicely, the
youngest OF the four sons, was 25
| years OF age, married, possessed of
some money, and like his brother, ap-
peared content with his life on the
farm.
The story OF the Varmears started
a close inquiry, as they were positive
as to the identity of the Nicely boys
they had seen on Laurel hill the after
noon of the murder. There were 9TH
er witnesses called who had seen the
men, and though some contradictory
evidence WAS introduced, on the whole,
testimony pointed toward these two
men positively as going in the direc-
VIII VI oAo oAAoolsc1 pace Oh Cno al
ternoon OF the murder. In addition
to all this tracks were found in the
snow leading from the Umberger place
over the mountains toward Ligonier.
On the Monday following the murder
the two boys, Dayid and Joseph, were
arrested and taken to Ligonier and
then to Somerset. Two months after
this they were placed OH trial. This
WAS during the excitement following
the famous McClelland town outrages,
and counsel for the Nicelys asked for
q change of venue on the ground that
they could not get justice in
Somerset county. Then began
a bitter legal fight. the counsel
for the defense evidently having
plenty of money to spur them on.
One deadly clue after another was
brought to their doors, including the
very hat and boots worn by them,
and q pocketbook David had given
his wife, which was fully identified as
being the one that WAS taken from