The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-04-02

dAtfi N'BAAitNA-f Et'~-f -ACRHNt'f
Joe and David Nicely.
The Nicely boys we're dressed in new
garments, fresh linen, and with their
faces cleanIy shayen and hair closely
cropped, presented very genteel APP
pearance. a smile played constantly
around the corners Of Joe Nicely's mouth,
and his eyes sparkled brightly while the
evidence against him was being heard !;
nor did he exhibit any concern when
Miss Stern identified him positively as
the "little man" who drew revolver on
Herman Umberger and demanded his
money or his life.
David Nicely's pale and hollow cheeks
showed no change of color throughout
the entire proceedings, and the only
manifestation of life he exhibited was
the regularity with which he stroked his
thin, struggling moustache. Once, when
Miss Stern was explaining to the court
the manner in which the "red face
man had his face partially concealed
beneath the folds of handkerchief, he
glanced quickly around at her, only to
resume his listless position without
changing muscle of his face.
Immediately in the rear Of General
Cofroth, who conducted the cross exam
ination. sat the aged father of Joe and
Dave" Nicely. His honest countenance
and earnest expression as he whispered
now and then to the counsel for his boys,
called for the sympathies Of the specta-
tors.
THE COMMONWEALTH CASE.
The first witness called was Hammer
Garfield, and intelligent young school
teacher. He said: On the evening of
February 9th l was at the house Of Mr..
Peter Bowman We heard bells ringing,
and supposing there was fire, started in
the direction of the sound of the bells
came to Mr. Umberger's house and fou d
Mr. Umberger had been killed We made
investigation for tracks same evening +;
next morning l came back and we made
further investigation when we came TO
the top of the hill above Umberger's We
found tracks in the snow Of two persons
going in the direction of the house.
The witness then proceeded at consid-
cradle length to describe how he and
other parties followed the tracks to and
from Umberger's house, to the stone
bridge, or burnt cabin, short distance
east of the toll gate above Ligonier.
General Cotfrnth subjected the witness
to a very rigid cross-examination, but
failed to lessen the weight of his testi-
mony in the slightest degree.
DAMAGING TESTIMONY.
As Mr.. CAuilield retired from the wit
ness stand, District Attorney Biesecker
called Lou. W. Vaneer, and a bright look
way through the dense crowd and stood
with uplifted hand before the clerk to be
sworn. He took the elevated seat pro-
vided for witnesses and in a clear and
distinct tone of voice testified substan-
TALLY as follows:
live in Ligonier, Westmoreland coun-
ty have known the defendants six or
eight years saw them on what is Called
"Sand Flat" on the Laurel Hill noun
tain, on the pike, coming east, on Feb
rusry p.
POSITIVELY IDENTIFY THEN As THE MEN.
They were walking very fast Dave
was nearest me when they passed was
IS yards from them my father was with
me we were engaged in cutting logs ;
this was between 4:30 and o'clock in
the evening of February 9th when
they passed me they were six and half
miles from their homes, and from be-
tween one and half and two miles from
the county line. The witness identified
a cap found in Dave Nicely's house as
the one worn by the prisoner
Miss Ella Stern was next called. A
low murmur ran through the audience
and every neck was craned to get
glimpse of the witness upon whose evil
dence so much was known to depend. She