The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-03-18
The NicelyS' Hearing.
Their Cases Against Constable
Rauch and Others Dismissed.
The Nicely women Pay the costs.

/ CITY. Inc nearing was nciu III tuc aFuitth-
tion room in the court house, and was at
tended by large crowd of interested specta-
tors.
The Commonwealth was represented by
wm. II. Koontz, of Somerset. and ex Judge
Hunter. of Greensburg The defendants,
Constable John o. Rauch, Ambrose Shaffer,
and Camp were represented by Hon. John
Cessna of Bedford, aud F ) Rooser, Of
Somerset, and A. H. Bell, Esq, OF Green's
burg.
Jadge Hunter. in his argument as TO
whether or not the evidence of Joseph Nicely
at the Someesel trial should be submitted.
said e This trial to-day is not by any
means for the purpose of securing comma
tation Of the sentence n the Nicely boys. 1t
is too late for that they will be executed ;
| God alone knows whether or not ihe test
rnony which convicted them was false, and
/ to HIM these witnesses will have to answer.
Daring this speech the mother of the con-
| demned boys, who had heretofore sat qu-
etIy listening TO the testimony, was much
moven the tears streaming down her cheeks
When her counsel announced that her sons
would he hanged beyond doubt. the sight
was sufficient 10 move the hardest heart TO
pity.
The larceny case was first taken up Mrs
! Joseph Nicely. wife OF the condemned Jo-
seph Nicely. was the first witness called, who
upon being sworn, said | bad access to his
books aud other papers be bad pass book
/ in which he kept his money when he WAS
arrested the money disappeared | saw men,
ey in that pass book a few days before be
was arrested John Rauch got thS pass book
and after be left | found it on the window !;
/ he had the book in bis possession and when
/ he left the book contained no money this
was on March 4th, tive years ago it can
tanned from $50 10 Sl00 John Raucb, my
| husband aad | we're all that were in the
room Raueh got the pocketbook and no
! one else THE defendants counsel here al
/ tempted 10 have witness contradict herself
but with little result. A point of law was
raised on submitting the testimony of ber
husband at the trial in Somerset, which
finally was submitted
J. J. Griffith, sworn; I reside at Jenner-
town about week after the arrest of the
Nicelys Rauch came to my store and told
me he had gotten either $50 or SIS from the
Nicelys Rauch and l live in the same bull
ding we have been on bad terms for months
and haven't had conversation with him
for year.
Peter Vogel, sworn am court stenogra-
pher and live in Somerset took notes at
the Nicely trial Here considerable time
was consumed on a point of law relative TO
the submitting of evidence relating 10 this
theft of money, at the murder trial in Som
erset. .Ex Judge Hunter argued that Rsuch
testified TO having taken the money and
that the evidence should be submitted. Mr.
Cessna, Of Bedford raised strenuous objec
tions and the result was a vigorous contest
for and against the testimony. The evidence
was submitted. The testimony is to the
effect that Rauch went into the room and
took from case pass book containing s65,
when be took with him and failed to re-
turn. Rauch's testimony was to the effect
that he didn't get the S65.
A. A. Nicely, father of Joe and David
Nicely sworn heard my sons testimony
Rauch was there during the taking of the
testimony.
Mrs. Nicely (mother of the convicted
boys), sworn | was at the trial in Somer
set Rauch was present when my son testi
fled that Ranch had taken the money.
The defendants counsel here attempted TO
put Mr. Rauch on the stand, but the prose-
cution objected.
Counsel on both sides made loug argu-
ments, and the discussion of legal points
bearing thereon consumed fully a half an
hours time. Judge Keener ruled to admit
his testimony.
Mr. Rauch said be lived in Jenner town
ship Somerset county the court appointed
me a special detective made investigations ;
Rufus Shafier was my deputy +; he was an
acquaintance went with a warrant 10
Nicelys on the 4th of March and found pass
books O'Connor and Shafier were with
me o'Connor found the pass book while
guarded joe Nicely in an adjoining room
they examined il in my presence and gave
it 10 me Joe Nicely was present, and no
money was found in the book found few
dollars in his pocket and returned it after
Ehe hearing didn't get any s65, nor did |
see any s65 we found on the Dist of March
a pocketbook ! didn't steal keep, get or
take money from any Of the Nicelys; Grif
fifth and haven't been friends since the
Nicely arrest in returning money taken
from the Nicely boys they both said, "a that
was the correct amount"
Martha O'Connor, sworn : | live in Somer-
set county know Raueh, Shalfer and Nice
ly, was along when the lstter's arrest was
made found book in the book case and
handed it, in the presence of another, TO
Rauch am sure there was no money in it
was first TO 90 10 the book case and took
the pass book out myself.
Rufus Shafer, sworn | was one of the
party who arrested Nicely | firsi saw the
pass book in OConner's hands there was
10 money in either was up stairs with
Mr. A. A. Nicely and o Conner several 9TH
er persons were down Stairs.
John B. Tomlinson, sworn Ranch and
Critchfed, in the Squires office, handed
Joseph and David Nicely the money previ-
ously taken from them, only few dollars.
The Nicely boys we're satisfied at what was
returned They, 1.-THE Nicely's) were asked
if that was all that had been taken, and they
replied, yes
Senator Critchfield sworn | know the
persons who arrested the Nicely boys and
was present at the latter's examination l
was there as a witness to the moneys given
by the Nicelys before their commitment.
Jos. Ambrose sworn: live in Ligonier,
and was present at the Nicely hearing.
Raueh handed the Nicelys the money taken
from them when arrested. When they were
asked, Now, is that right" they replied,
YES"
Squire Graham sworn | am Justice Of
the Peace in Ligonier Nicely came to me :
for warrant in this case. He said further
that it was done at the instance of his attor-
neys to secure information TO lay before the
Pardon Board
William Thomas sworn reside in Lig
onier and work in livery stable hauled
Dave Nicely to Laughlinstown he gave me
pocketoook and said to give il to Watson
Menoher, who was to give it TO his (Nicely's)
father or wife. Gonnor and another party
.oeop,napfal nc a-aa a. III. trial a. c,...,,-...