Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-25

Joseph and David Nicely were indicted
by the grand jury on May %, two months
after the murder. The feeling against the
prisoners had been strengthened instead OF
weakened by the lapse of time, and this was
largely du. to the operations of the Nc
Clellandtown gang, of which four member
had been arrested for torturing and robbing
Farmer Yoder. As the latter case was fixed
for trial at the same term of court, the ooun-
sci for the Nicelys asked the Court to allow
the murder case to be tried first, that it
might not be prejudiced by the result of the
Yoder case. This was refused,
In the McClellandtown case the ATTORNEYS
had already asked for a change of venue,
insisting that their clients could not get
fair trial in Somerset county. This was
also refused, and that fact prevented the
attorneys for the Nicelys asking the same
privilege, as they felt that it would be futile
and would hurt their case in the opinion of
the public.
Threats of Lynching Made.
The sentiment in Somerset county was
shown by the feeling toward Collins Ham
ilton, who was arrested on suspicion of be-
ing concerned in the Umberger murder be-
fore the Nicely boys were captured. Ham
ilton soon proved his innocence, but not be-
fore his life was in danger at the hands OF
the infuriated farmers. The latter were
afraid that the guilty persons might escape
through some bubble of the law, and were
preparing to take the matter into their
hands by giving Hamilton a short shritt
and long rope when his innocence was
proven cenclusively.
The trial commenced on May 81 and lasted
until June 6. The jurymen were Ephriam
D. Miller, Josiah Newman, Jacob L.
Manges Frederick F. Walker, John W.
Beck, John II. Hite. W. W. Davis, David
J. Woliersberger, Jeremiah Henry, T. W.
Black, C. W. Weigle and A. ]. Sembower.
Judge Baer presided, District Attorney
Biesecker, F. j. Kooser, John Cessna and
S. U. Trent represented the Commonwealth,
while Generals Koontz and Cofroth and
Mr.. Ruppel defended the Nicelys.
The Theory Of the Prosecution.
The counsel for the Commonwealth pro-
duced witnesses for the purpose of proving
that the Nicelys were the murderers of
was in substance as follows: Shortly after
noon on the day of the murder the two
brothers left home and started for the Um-
berger farm on foot. AT Ligonier they took
the Philadelphia and Pittsburg road, which
leads over the Laurel Hill Mountain. The
day was cold and sleety and the roads were
covered with snow and slush. making the
walking very toilsome. The ascent of the
mountain is four miles, while the descent on
the western side is over two miles, and for
all of this distance the road is studded with
rocks from which the soil has been woshed,
while bowlders OF every size are scattered
profusely on the path. This mountain road
hangs in the air for nearly the whole of the
six miles. On one side the mountain,
clothed in laurel, pine and chestnut, rises
abruptly hundreds of feet, while ON the
other hand the valley lies far below, and be-
yond rise other mountains.
A Fitting Road to Murder.
When the sun shines and the forests are
gay with their emerald foliage this noun
tain road, with Its oppressive silence, only
intensified by the occasional song OF q bird
or the echo Of woodman's 8 az, saddens the
spirits of the wayfarer with its gloom. In
the winter, when the trees are bare, their
skeletons rise from the depths of the valleys
and, climbing up the mountain sides, reach |
to the gray forbidding sky. The wind
rushes by in gusts, while the gaunt branches |
shiver, sigh and moan, as if in pain; the |
mists sink down to embrace the naked |
trunks, and in moment the scene becomes |
ghostly and unreal. 1t is phantom forest |
in the valley of death.
Over this road the brothers are said to |
have taken their way in the twilight of |
winter day, the shadow of projected crime |
on their minds, and over this road |
they retraced their steps with the |
stain of blood upon their souls. |
After the brothers had descended the |
mountain, and before they reached Jenner-