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

NANCY UMBERGER. the crack OF the
pistol; heard one shot after was in the
kitchen he tumbled into the kitchen and
was dead he fell by my side; Mr.. Um-
berger was my husband.
He had his two pocket books; | saw
him take them from the bureau drawer
and put them into his vest pocket when
he fell out into the kitchen they We're
gone the bell rope was in the kitchen
Just above the stove the men were not
in the kitchen; the little man did the
shooting; when Mr.. Umberger fell by my
side spoke to him, thinking maybe he
was not dead he made no answer he
was dead | then ran into the room and
the men were gone; the pocket books
were not on his person when he fell out
into the kitchen; ! saw his body after
wards | didn't examine the wounds :;
was too much scared | couldn't look at
them he fell directly after the last shot,
right besides me, and was dead"
After Mrs. Umberger left the stand
Constable RaGch was called and testified
to the fact that an inquest-of which be
was one of TIE jury-had been held, and
as to the nature and character of the
wounds found upon the person of the
murdered man. The defense mad no
questions to ask, and the commonwealth
attorneys announced their case closed.
RENAMED To JAIL.
Onawrit of l,abeas corpus, the proceed
ings being entirely en- parte, the defense
could offer no testimony.
"What does the Commonwealth ask ?"
queried Judge Baer, as the last witness
left the stand. District Attorney Bic
seeker responded )" We ask that the de
fendants be renanded for trial"
"What has counsel for defendants to
say why the prisoners should not be re-
handed ?" asked the Judge.
This last question brought Gen Koontz
to his feet, who argued first, that the evi-
dence adduced was not sufficient to war
rant the court in holding the prisoners.
second, that if held, they were entitled
to the constitutional right of release on
bail. Mr.. Koontz cited several authori
ties to sustain his position.
Gen. Coffroth followed his colleague,
taking much the same position, and in
sisted strenaously that the prisoners
should at least be released on bail He
said there was no fear of the prisoners
attempting to escape that if the prison
rors were thrown Woe open they would
not leave unless by permission of the
cou t
He claimed that for weeks past the
press Of the county had been trying to
impress upon the minds of men that
these were the guilty parties, and that
he excitement and feeling had baised
the minds of witnesses. He concluded
oy insisting that if the court could not
see its way clear to discharge the prison
ers, they at least should be released on
bail which they were ready and willing
TO furnish TO the amount of $4,000, if
necessary.
Mr.. Kooser and the District Attorney
both argued that the prisoners would
have to be remanded without bail, and
cited authorities to sustain their position.
At the conclusion of the argument
Judge Baer said:
"If this evidence constitutes murder
then il constitutes murder of the first de-
gree. Under the evidence as submitted,
We could not release these men, and We
will have to remand them"
The Judge then endorsed the writ re-
manding the prisoners to the custody of
Gne Sheriff.