The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-06-17
AND WV. II. KooNTz, ESQ, FOR THE
DEFENSE.

The sixth day of the trial Of Joseph and
David Nicely for the murder of Herman
Umberger closed with one speech from each
side yet to be made
General Colfroth will sum up for the de-
fense this morning and will be followed by
Hon. John Cessna on part of the Common
wealth. II is more than probable that all
of the mornings session will be cosumed
by counsel in summing up and that Judge
Baer will deliver his charge and give the
case to the jury this afternoon.
The-day was trying one on the prison
ers and when, at the close of court at 9:l5
las; evening, they were taken back to prison
by Sheriff McMiilen, they looked haggard,
anxious and nervous. The intense interest
taken by tue general public in the case has
not abated. hu; has rather increased each
day as The end draws near.
Mr.. KooSer opened the case this afternoon
on part of the prosecution in i speech of an
hour and forty minutes in length. His ar
guments were clear, forcible, convincing and
logical We give below very briefsynop-
sis of what hc said
lie was followed by Mr Koontz, who, in
the two hours and thirty-seyen minutes that
lie spoke, made a strong and eloquent plea
for the lives OF MS clients.
We regret that We are unable to give both
speeches in full.
MORNING SESSION.
Henry Rluch, recalled
The court ru'cl that testimony in regard
to the survey of land at Sand Flat could be
given by theCon n)nyeilth) made survey
of the land a TIE hemIock, shown me
b. the Eaneers dIy before yesterday; the
Measurement was mIle by myself AMI Y.
T. Cd!chfeld the two Vaneers were along
j, was seven and three tenth rods from the
bait OF the log 70 the center Of road, al point
NJ. , on the draf; the eastern line is :!
rJls all western line ten and fourteenth
- l. the length Of the Bil is about - to
ID yaris; the elevation of.he pike l. 30 feet.
SGr. Cei;ehfeii walked On the pike and
stool AT the bu.t Of the tree at point No. /;
coal SEE him as far as the waist when he
was in the center of the wood and down be-
lJS the hips when he came nearer as he
wI.kei along the view was obscured by the
foliage a: pDinto y. >. | coald see his head
and shoulders at the center OF the pike and
down 10 the lower part of his waist when
he came nearer TO me at the edge; could see
him moving along to the point No. ,, where
| could see him about the same as at the
p pbint marked NJ
CrosS-examinaii0n-T butt is on the
north side of the road
y. Il Critchlield Was along with ; Iuire
Riuch and helped to make the measure
meats; Mr.. Rluch walked along the road
while stood at the butt of the hemlock
tree. The witness then testified practically
The SANE as Mr. Rauchl
Cross-examiued The trees between the
point where / stood on the pike are large
did not notice any spruce or hemiOck saw
some birch and bass stepped the pike:
it was eight PAGES wide; the survey WAS
then offered in evidence
Thos. Sinclair-Was working on the 27th
Of February for Mr.. Vaneer; | was where
they were saving the tree; left them there
could see any person passing along the pike.
Noah Sercna-know David Nicely
worked with him February p at Mr.. X i'm
mels saving wood was saving with a cir
cularsaw; he was handling wood all day,
putting it up on the table; the wood was be-
ing cutfOr stove wood
Cross-eXamined-SOme pieces were six or
eight inches through and four to six feet
long Others were smaller.
John Rauch-There was no wire or steel
rim on the hat when got it; it is Il little
more worn than when ! got it on account of
the number OF times it has been handled.
Cross-eXemined-Took the hat from the
wall myself; Lorenzo brought in the lamp
aud ! took tie hat down: the lamp was
taken cut Of tie setting room into the kitch-
en-.
Martin O'Connor.-Was along with Rauch
and ShaGcr when we got the pass
book rom Joe Nicely was present when
the pass books were found at Joe Nicely's:
found them in the bookcase we all exam.
incd them there was no money in any Of
them was at David Nicely's on the day Of
the arrest; heard Mrs. Nicely say she could
not account for his whereabouts anywhere
during the week except on Friday and.
think, perhaps, Monday had conversation
Cross-exlmineG-Was at Joe NiccIys on