Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-04-03
THE NICELYS HUNG.
THgY DR sAMl PROTESTING rHRR NNO-
CBsOs FROM rHg SOARFOLD.
Joe Admits That BE Wa; Prgning Insanity to Save
Bis Ntck-Afseting Scenes in the Jail-Ihe
Men Were Related to Jesse James
Their Attempts 10 Escape

the surrounding country, and the streets
around the jail were crowded.
The day was one Of the most misera-
bic that could be imagined, being a com
bination Of rain, sleet and snow. Dave
Nicely remarked this morning that II
was as bad day as he ever saw, and
the only satisfaction was that he did not
have TO go out in IL.
People here are like people every
where else, very curious. The jail was
surrounded early this morning with
people who stood out in the damp, just
TO look at the side Of the prison where
the murdererS were confined.
The sensation OF the morning was the
fact that Joseph Nicely had come to his
senses, and now everyone believes he
was shamming. Late last night Gen.
Coffroth received telegram from Har-
risburg, that the Governor had positive
ly refused to interfere with the eXecu-
tion OF the law. The news was conveyed
to Dave Nicely. Joe was not told Of il,
because he was asleep However, IL is
supposed he heard it shortly after he
arose; at 6:3O this morning. lie looked
about the cell in a bewildered way, and
then said to the death watch: What
day is this?"
He was Informed that II was April >
and the day on which he was to be
hanged.
"Then the Governor has not inter
fered?" he asked.
When answered In the negative he did
not change much, but asked that min
lister be sent for, as he wanted TO be bap-
tized. In the meantime he requested 10
be shaved, and the Sheriff had TO hustle
TO get some one TO do the work. He went
to two or three colored fellows aud none
OF them would comply with the request.
Dave Nicely this morning made a
statement to Rev. Mr.. Granger, which
the latter refuses to say anything about.
When asked about 1t this morning he
said: whatever statement ! have
could not give out at present" When
asked directly: "Did Dave Nicely make
confession OF guilt?" he said: IL can
not answer the question for personal
reasons"
The fact that Joe Nicely quit sham
ming this morning caused considerable
comment. His attorneys are both very
mad Said Gen. Crotfroth: "Why, that
man had us to do everything for him. /
would have Staked my life on itthat he
was insane, yet when went to his cell
this morning he was just as rational aS
any man you ever saw. ! was so dis
gusted with him that | did not care to
hold much much OF conversation. |
think he is the greatest actor ever
saw, aud surely he should have been on
the stage. | would not have made the
plea did had known that he was not
insane. 1t puts me in false light.
Gen. Kountz the other attorney for
the defense, expressed himself likewise,
and when asked about confession said:
''There Is no telling what Joe may do.
never thought the boys guilty, and do
not now; but this is world OF sur
prses."
Sheriff Good had TO hide himself this
morning. Hundreds OF people pressed
| in on him who said they just wanted a
look at the prisoners. Only i3 people
were allowed to witness the execution.
The outside newspaper men, with few
exceptions, were refused admittance.
The Pittsburg papers Jared better than
those OF other cities.
There was an affecting scene In the
jail at II o'clock this morning. Joe
seemed TO have completely given up.
He was standiug behind the bars OF his
cell. with big tears rolling down his
cheeks, and when any one went near
him he asked to be forgiven. lie sent
for the Sheriff and told him that II he
had been the cause OF any trouble he
wanted him to forgive him. Said Joe:
II tried to escape, and made several
attempts. am sorry injured any ohe,
but my life was dear TO me, and
thought II could save II ] would do
So" He then sent for the deputy Sher-
ifs and all persons connected with the
fail. and asked to be forgiven. The
tears were rolling down his cheeks all
morning, but they seemed to be more
from remorse than fear.
When asked by a correspondent how
he felt, Joe said 81 am doomed TO die
i know there is no hope for me now,
but | will die bravelY. | don't want to
be any more trouble to the officials.
have no hard words to say 10 anyone.
One OF the officials asked him why he
had feigned insanity so long. Joe re-
plled: at was to save both my brother
and myself. worked 1t as long as
could, and as it had no effect on the
Governor wanted to prepare for death
to-day"
Joe seemed somewhat pleased to think
that he had fooled 50 many doctors
Quite number Of them examined him,
and they all pronounced him insane.
He seemed particularly happy because
he had fooled DR.. Orth, who had been
sent here from Harrisburg to make
report.
At noon to-day both Joe and Dave
Nicely made statements. They were
to their attorneys, and Joe's statement,
which he requested TO be written, was
as follows:
Nearly all the evidence against US
was perjury was unjustly convict
ed. God knows | am innocent. am
glad that God in His wisdom returned
to me my reason that might declare on
the scaffold, II necessary. that ! am
innocent OF the murder Of Henry Um-
berger.
| TSlgned JOSEPH NICELY"
Joe then thanked the attorneys for
their work in his behalf and bade them
goodbye.
Dave Nicely's statement was written
In the presence OF his attorney. 1t
simply reiterates that he Is innocent
and that 1t will be so proven some time.
The crime for which the Nicely broth
ers suffered the death penalty was the
murder Of Herman Umberger, farmer
aged - years, living about two miles
from JennertOwn, Somerset county, on
Wednesday night, February ~, 1889.
1The Nicelys broke out OF jail twice
after their conviction, the first time 10
September, 1889. when they shot and
seriously wounded Turnkey Nc
MILAN and escaped to the woods.
They were captured two hours
later and returned 10 the
jall. The second attempt was made
November %, 1890. The Nicelys and
another prisoner managed TO get into a
garret and broke through the wall,
They had prepared rope, and Joe de-
Scended first, but the rope broke and
he fell 10 the ground, fracturing one oi
his ankles. David followed. and was
also Injured, while the other prisoner
named Queen, fell about thirty feet
breaking leg in two places, and MS
howls led to the discovery OF the escape.
Several days later the Nicely' gave
themselves up to farmers In whose
barns they had sought refuge, ana 'hey
were brought back 70 jail.
From the day OF their conviction 'he
mos, strenuous efforts were made to Sc
cnre a new trial, pardon or reprieve Tor
the condemued men, but their appeals
20 the Supreme Court and the Pardon