W j THE PITTSBURG DISPATCH. SECOND PART. PAGES 9 TO 12. TIE HUM OF A .The Murder of Old Farmer Umberger, in Somerset County, and Conviction of the Mcely Boys. LOOBLTO TO PATTISON FOR A REPRIEYE. IThe Evidence Produced Against the Men Condemned to Be Hanged Next Week. STRANGE STORY OF A DARKLY-MYSTERIOUS TRAGEDY. Visit of the Assassins to the Old Homestead Searching for Stolen Jewelry The Fatal Shots Death of Umberger Alarming the Countryside Rewards for the Murderers Tracks in the Snow Arrest of the NicelysPopular Feeling Against the Prisoners Ve racity of WitnessesProving an AlibiA Verdict of Death Charges That the Jury Was Influenced by the Mob One Juror RecantsThe Confession of John BeachThe Phrenologist's Mysterious Visitor A Stranger "Who Knew All About the Murder Prisoners Break for Freedom Crippled and Recaptured The Nicelys Declare Their In nocencePreparations for the Execution Parents' Testimony for Their Boys The Haunted Farm Drift of Publio OpinionThe Lawyers' Test. In eight days from to-day Joseph and David Nicely are to be hanged in Somerset Jail for the murder of Herman Umberger on the evening of February 27, -1889. The devices of the law have been exhausted in behalf of the prisoners, and their only hope now lies in the interposition of Governor Pattison. The case is one which has excited great interest throughout the State, and that in terest has not abated, although two years have elapsed since the murder. The sensa tional jail-breaking episode, the picas be fore the Pardon Board, and the case; that grew out of the tragedy in the rural courts, have all drawn public attention toward the condemned men and the evidence upon which they were convicted. In order to furnish readers with a complete and un prejudiced narrative of the tragedy and the itrial, The DrsrATCH detailed a member oT ) its staff to visit the scene of the crime, which virtually embraces both the counties of Somerset and Westmoreland. The re sult of that investigation is given herewith. The evidence against the Nicely boys was sensational and the testimony was very oon tradictory. At the time of the trial almost everybody jn Somerset county was firmly i convinced of the guilt of the prisoners, and the verdict returned was the most popular 1 document ever drawn up in that couuty. The attempts of the prisoners to escape after their conviction but more strongly con vinced the people of their guilt THE STORY OF THE CRIME. HOW FABHEB UMBEBGEE WAS KILLED BY MASKED MEN. Ho Was Ills Own Danker A Quiet Homo Disturbed by Robbers The Murder The Search for Concealed 'Wealth Died at Ills W Ife's Feet The Alarm Bell. Herman Umberger owned a farm of 135 acres in Somerset county, on the Johnstown pike, about two miles from Jennertown, a Tillage of less than a dozen houses. Um berger was about 71 years old, and bore a reputation for thrift and wealth. His farm was fertile and well tilled, and the old gen tleman had added to his store by lending money on well-secured notes. The old man's household consisted, be sides himself, ot his second wife, Nancy, to whom he had been married 30 years; Nannie Horner, 10 years old, and George Horner, 18 years old, grandchildren of Mrs. Um berger by a former husband, and the hired girl, Ella Stern. "While the house was situ ated on the high road, visitors were few and far between, for their nearest neighbors lived half a mile away. Umberger Banked With nimself. Shortly before the murder was committed Umberger began collecting on such notes as beheld which were maturing, and notified his debtors to come to the front with prompt ness. Everyone in the neighborhood knew of this, and also Knew that the old man kept large sums of money in his house. There was another reason for this besides a distrust of the wayward cashier who leaves an empty vault and a bad reputation. The nearest banc was at Somerset, which could only be reached by driving 15 miles over very rough roads, a very heavy undertak ing for a man who had passed his three score years and ten. As a result, the old gentleman often had large sums of money in his house. This he would keep in a couple of capacious, well worn pocketbooks, which he concealed in the back of a bureau drawer in his bedroom. Evening in tho Farmer's Household. When dusk fell on the Umberger home Stead on Wednesday evening, February 27, 1889, the family, with the exception of George Horner, who had gone to a store three miles away, were seated around the stove in the low-ceilinged living room. It was a dreary evening. Sleet was falling fast, giving to the snow-clad landscape a pray tinge, in sad harmony with the dark sky, hung low with clouds, while the rest less pines around the old house shivered and rattled their naked branches. The evening meal was over, the house wife's work was done, the stock had been fed and were warmly sheltered in the great red barns across the road, which contrasted strongly with the little two-story dwelling, from which the white paint had fallen in flakes. The little granddaughter and the domestic were talking and laughing in whispers, the old lady was plying her knit ting needles, while Farmer Umberger, in his shirt sleeves, was wrapt in financial cal culations. Shortly before 7 o'clock there was a CUM knock at the door. The old farmer called to his visitors to come in, they lifted up the old-tashioned latch and entered. There were two of the visitors. The tallest, who was afterward identified as David Nicely, had his head bound up in two common red handkerchiefs, exposing only his eyes and a little of his cheeks. He wore a dark-gray overcoat, red-striped overalls and a cap, and gave as a reason for his head being tied up that be had been thrown irom a buggy. The shorter man, who was afterward de clared to be Joseph Nicely, had his face covered by a mask or a false gray beard and wig. The Umberger family could not de cide which it was, as their knowledge of masquerade costumes was very limited. - The men were invited to take a seat by the stove, and Ella, the hired girl, was told by her employer to mend the fire that their visitors might warm and dry themselves alter their walk through the storm. Arrival of Two Disguised Men. The visitors and the family sat around the stove for a few mi&utes talking about the weather, crops, the price of produce 'and other matters of interest to farmers. The conversation was carried on mainly by the smaller man, his friend being rather silent, as became a man whohad been thrown ontof a buggy. During the conrersation the men elicited the information that the farmer had bnt one hired man, his grandson, who had gone on an errand and would not be back for some time, and that the only persons in the house were those in the room the farmer, hi: wife, little granddaughter and the hired girl. Alter awhile the smaller man said: "Mr. Umberger, we are officers from Bedford county. Peddler Maxom has been robbed of a quantity of jewelry, and we are in structed to search every house between Jen nertown and Johnstown." Umberger asked him if the warrant was countersigned, and the small man replied that it had been backed by 'Squire Bauch, of Jennertown. He drew out a paper, which he read as a warrant, and said they had al ready searched two houses in the neighbor hood, naming the occupants. Search for Farmer Umbergcr's "Wealth. Farmer Umberger told the men that tbey could search the house, but they would find nothing. Little Nannie was told to get a light, and Umberger, his wife, the smaller man and the little girl went into the parlor, leaving Ella Stern and the taller man in the sitting-room. The latter chanced his seat so that he could see into the parlor, and remarked to Ella Stern that "there was a good deal of fun searching houses." The others went into the bedroom,and after mak ing an examination there they went back into the sitting-room, where the small man said he had forgotten to look under the bed, and wanted to examine the bureau for a false drawer. Umberger, the two men and Nannie Hor ner went into the bedroom, which is iu the Iront of the house. Here the smaller man insisted upon Umberger pulling out the up per drawer of the bureau, thus exposing the contents of the second drawer, in which were two pocketbooks, which Umberger said con tained money , to pay his hands. Your Money or Tonr Life. Umberger picked up the books and placed them in his inside vest pocket, and folded his arms across his breast He told the lit tle girl to go for her grandmother. The lat ter came into the room and said: "This thing has gone far enough." Then the whole party walked out into the sitting room. The party had no sooner reached the sitting-room than the small man, who had been conducting the search, pulled a re volver, and, pointing it at Fanner Umber ger, said: "Your money or yonr life!" The farmer retreated, throwing up his hands, until he was backed against a book case in the corner of the sitting-room. The man again exclaimed, "Yonr money or your life," and began firing. The woman and child screamed, and Ella Stern ran out of the house to a neighbor's for assistance, but owing to the distance which separates dwellings tn that neighborhood it was half an hour before she returned. Mrs. Um berger ran into the kitchen and began to ring the farm bell, which serves the double purpose of a dinner bell in the day and an alarm bell at night. Fell Dead at His Wire's Feet Several shots were fired, one of which struck a joist in the ceiling and then entered the wall. Two bullets entered Umberger's body, one in the shoulder and the other between the seventh and eighth ribs toward the breast The old farmer staggered out of the sitting-room into the kitchen, and fell dead at his wife's feet, as she was pulling with desperation at the bell rope. When Umberger fell dead he no longer possessed the pocketbooks. They were gone, and in them, his wife said, was 16,000 to 20,000 in gold and greenbacks. Little Nannie exclaimed frantically: "Ob, grandma, grandpap is shot," and fled to a neighbor's honse. The ringing of the alarm bell and the screams, of the two girls as they fled along the dark country roads soon aroused the neighborhood, and ten minutes after Farmer Umberger fell dead the house was filled with farmers and their families, who found Mrs. Umberger still ringing the bell, while her husband's dead body lay at her feet The men who had committed the murder and robbery had escaped in the darkness, leaving no clew behind. TRACKS IN THE SNOW LEAD UP TO THE ABEEST OF TEE NICELY BOYS. TWO Somerset Farmers Incensed by the TJm berser Tragedy Ke wards Offered for the Conviction ot the Murderers Search ing the Houses of Suspects. When the news of the Umberger tragedy spread a perfect tempest of wrath was awakened in the bosoms of the farmers of Somerset county. This feeling was first aroused by the peculiarly flagrant character David Nicety. of the crime, and this feeling was intensified by the operations of what is now known as the McClellandtown gang, who shortly after hanged and roasted a Somerset county farmer to make him reveal his hidden wealth. Somerset county is devoted almost exclusively to agriculture, and the farmers felt that there would be no safety for them in their isolated homes unless justice made an example of the criminals as a warning to others predisposed towards deeds of robbery and murder. As a result of this sentiment the County Commissioners offered a reward of $500 for the apprehension of the criminals, the Umberger family offered $1,000 and others came to the front until the aggregate reward was over $2,000. The Home of the Nicelys. Four miles back of Ligonier, in West moreland county, and 15 miles from the Umberger farm, lived the Nicely family. The head of the family was A. A. Nicely, a man much respected throughout that section of the country. He owned a large and val uable farm, fret of encumbrance, and had a neat little bank account in addition. The old gentleman and his wife belonged to the Reformed Brethren or Dunkard faith, and worshiped in a little frame church built by Nicely on his farm. The Nicely family consisted of four sons and four daughters, the latter married and living away from home. Joseph Nicely, the eldest son, who was then 37 years old, lived on a small farm which his father had cut off from his many acres. Joseph was married and had seven children, his wife being a woman of exemplary character and strong religious principles. Thriving by His Industry. Joseph was industrious and bright He had traveled through the West in his youth, and had become infected with the American spirit of hustling. He worked his own farm, helped his father, did the butchering for the neighborhood, and when there was nothing else to do went into the virgin forests and helped to get out lumber. Oc casionally be would do a little trading, and barter cheap jewelry in articles not quite so pretty, but more substantial. As a result of his thrift and industry he always had a roll of bills in his pocket, was pleased with him self and content with the world. Joseph would be in Ligonier very fre quently, but, according to his own state ments, which are uncontradicted, was but once in Somerset county before the Um berger murder, and then he went to Jenner town to serve a subpeoaa. He was well- known on the Westmoreland side of the mountains, and was very popular, always being ready with a smile and a cheery word for his friends. David Was Delicate but Industrious. David, the youngest of the Nicely boys, was 25 years of age at the time of the Um berger murder. He also was married, had three children and lived on his father's farm about a quarter of a mile from the homestead. David was a delicate man. He suffered from enlargement of the heart, which affected his whole system-and pre vented him from performing heavy labor or taking exercise of a severe character. Never theless David was just as industrious as the other members of his 'family. He helped his father farm, tilled the acres he occupied himself, which his father had promised to deed to him in the spring of 1889, and made shoes for the neighbors. David appeared satisfied with his let. He and his family were always neatly clad, had no lack of the necessaries and comforts of life, and David was never witbont a few dollars of ready cash to meet an emergency. David was seldom further away from home than Ligonier, where he received his mail andjpurchased his groceries. On the Track of the Nicelys. Suspicion first fell upon Joseph and David Nicely when Lewis and Charles Var mcar, father and son, said tbey had seen the two brothers crossing Laurel hill, on the Pittsburg and Philadelphia pike, on the afternoon of the murder. The Vanmears were sawing logs on the slope of the mount tain 40 yards below the road, and conld see only the heads and shoulders of the Nicelys, but were nevertheless positive of their iden tity. The Vanmears admitted on the stand that they had told different stories about the identity of the two men they saw, but inti mated that tbey did not care to tell all they knew to persons it did not concern. Hamilton Smith said he saw David Nicely in Ligonier on Wednesday noon and that the latter was starting along the pike over Laurel hill. Smith said that Seal Burnett was with him at the time, but Burnett de clared that it was not on Wednesday, but on the Saturday alter the murder. Contradictory Evidence of Identification. Lewis Bener and Edward McCracken met two men ascending the mountain on the afternoon of the murder. -Beener believed it was David Nicely, as did McCracKeu, PITTSBTJKG, WEDNESDAY, but the latter was not positive. To offset this William Mcllvaine said he met Beener and McCracken a little later, and that Mc Cracken said Beener had asked him wno the man wag, but he did not know, and on the day of the hearing of the habeas corpus pro ceedings McCracken said he did not know the man. Mrs. Mary Walter, who lived on the pike, two and one-half miles west of Jennertown, had seen two men coming along the road between 5 and 6 o'clock on the evening of the murder. She identified Joseph and David Nicely in court as the men, although she bad not recognized them at the prelimi nary hearing several weeks before. In addition to this tracks were found in the snow leading from the Umberger house over the mountains in the direction of Ligo nier. On the Monday after the murder Joseph and David Nicelv were arrested at their homes. In Joseph's house was found a brown derby hat, a pair of gum boots with leather soles, an old rim-fire pistol which wonld not fire a cartridge, and a box con taining center-fire and rim-fire cartridges. In David's house was found a gray cap, a pair of common yellow-striped overalls, leather boots and a pair of gum boots, a rim fire revolver with the chambers loaded. David was wearing, when arrested, a gray overcoat, with several patches of a darker color. The prisoners were taken to the National Hotel at Ligonier, then kept by Watson Menoher, who was married to a sister of the Nicely boys. They were kept there all Joseph U. Kteetu. night, but were given considerable liberty, and had several opportunities to get rid of any articles in their possession which might he used as evidence against them. On the way over to Somerset the next day David gave the driver of the carriage his pocket boos;, that it might be given to his wife or father. The book contained $100 and some private papers. FIXING THE CRIME. EVIDENCE PB0DUCED by THE COMMON WEALTH. The Defense Afraid of the Effect ot the McClellandtown Cane Trial Flea for a Change of Tenne Hopeless A Suspect Threatened With Lynching. Joseph and David Nicely were indicted by the grand jury on May 28, 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 due to the operations of the Mc Clellandtown gang, of which four members had been arrested-for torturing and robbing Farmer Yoder. As the latter case was fixed lor trial at the same term of court, the conn sel for the Nicelys asked the Conrt to allow the murder case to be tried first, that it might not be prejudiced by the result of the Yoder case. This ffas refused, In the McClellandtown case the attorneys had already asked for a change of venue, insisting that their clients could not get a 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 ot the infuriated farmer. The latter were afraid that the guilty persons might escape through some quibble of the law, and were preparing to take the matter into their hands by giving Hamilton a short sfaritt and a long rope when his innocence was proven conclusively. The trial commenced on May 31 and lasted until June 8. The jurymen were Ephriam D. Miller, Josiah Newman, Jacob L. Manges, Frederick F. Walker, John W. Beck, John H. Hite, W. W. Davis, David J. Wollersberger, Jeremiah Henry, T. W. Black, C. W. Weiele and A. J. Sembower. Judge Baer presided. District Attorney Biesecker, F. J. Kooser, John Cessna and S. U. Trent represented the Commonwealth, while Generals Koontz and Coffroth and Mr. Kuppel defended the Nicelys. The Theory of tho Prosecution. The counsel for the Commonwealth pro duced witnesses for the purpose of proving that the Nicelys were the murderers of Farmer Umberger. Their story of the crime 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 moun tain road, with its oppressive silence, only intensified by the occasional song of a bird or the echo of a woodman's ax, 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 a moment the scene becomes ghostly and unreal. It is a phantom forest in the valley of death. Over this road the brothers are said to have taken their way in the twilight of a 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 bad descended the mountain, and before they reached Jenner-v 25, 1891. town, where the Johnstown pike, on which Umberger lived, crosses the Philadelphia bike, they, according to the theory ot the Commonwealth, struck off from the high road, and pushing on through a thicklv wooded hollow, emerged in the rear of the Umberger house. Links In the Chain of Evidence. At the trial the Commonwealth produced a pocketbook, said to be the one sent by David to his wife after his arrest, and identi fied it as one of the pocketbooks stolen from Farmer Umberger. A common red and white spotted handkerchief found in David Nicely's pocket was identified by Ella Stern, Umberger's domestic, as having been worn around the face of the larger of the two men, and his overcoat was identified by the little granddaughter by reason of a patch on it. It was also proven that the smaller man wore a brown derby bat with a hole in the brim. Such a hat was produced as having been found in Joseph Nicely's house. Other testimony was taken to show that two men were tracked over the mountain to within a mile of the Umberger farm, by their footprints in the snow. One man was wearing gum boots and the other leather boots. Both leather and gum boots were found at each of the Nicely houses. The trail was not taken up until the dav after the murder, the traeks were not measured to see if they conformed to the size and shape of the boots worn by the Nicelys, and the defense proved tnat a number of persons had crossed the mountain after the murder and before the trail was taken. A pair of com mon overalls, found in David's house, were also produced as a link in the chain, the taller of Umberger's assailants having worn just such garments. PROVING AN ALIBI. STBONG LIHE OF DEFENSE FOE THE NICELY BBOTHEBS. Many Witnesses Who Swear That Joseph and David Were 10 Miles Away When tho Murder Happened David Incapaci tated by Heart Disease. The defense set up by the counsel for the Nicely boys was an alibi, and, especially in the case of Josepb, they set up one which seemed almost unassailable. The defense started at noon on the day of the mnrder. Gilbert Ross said he hauled a load of coal to Joseph's house between 12 and 1 F. M., and Joseph followed him out to the fence and closed the bars. Boss fixed the date by his delivery book. Aaron Marks, a neighbor, said Joe was at his house about 4 o'clock that afternoon, arranging to paint Mark's house if the latter would help him build a fish pond. John Koontz swore he saw Joseph leaving Mark's house that afternoon. Joseph, his wife and his son, Lorenzo, united in testifying that Joseph was home between 5 and 6 o'clock; that he fed his cattle and, supper not being ready, started for his father's house, half a mile away, to arrange for hauling some wheat An Important Witness for tho Defense. Perhaps the most important witness iu fixing Joseph's absence from the scene of the crime was David A. Geeting. He worked in a sawmill, and was on his way borne between 6 and 7 o'clock, after putting in 10 hours' work, as shown by his time book. He was carrying his cant-hook, which he had broken, when he met Joseph on his way to his father's house. It was just at this time that the Umberger murder was oc curring 15 miles away, the only way of reaching the scene being over the mountain road. Geeting talked to Joseph for a min ute or two and then went on. Theymetagain the next morning at the blacksmith shop, where Geeting was having his cant-hook repaired, which fact was im pressed upon the witness' memory because he lost half a day on that account, as shown by his time book. John Barron, the black smith, also fixed the date of repairing the cant-hook and teeing Joseph at his forge on the day after the murder. Barron'a testi mony was corroborated by his day book, showing what work he did each day. Joseph Ate Sapper at the Homestead. The father and mother of the boys, and their two sisters, Hettie Nicely and Mrs. Ella Menoher, were positive that Joseph ate supper at the house that evening, and that Joseph and his father discussed the pro posed hauling of wheat the next day, which was deferred on account of bad weather. Then the David alibi was taken up, and Mrs. Sarah Barron, a near neighbor, said that David came to her house for butter be tween 2 and 3 o'clock in the afternoon. She could not supply him, but promised to let him have some the next day.Thursday.which was her regular churningday. David com plained of being unwell, and started for his home, in an opposite direction to the mount ain. David and his wife swore that he was at home all that afternoon and evening, and were corroborated by Davis Payne and Hettie Nicely, who visited the house that evening and talked to David. All the witnesses for the Nicely fixed the date as Wednesday, because on that evening the regular weekly prayer meeting was held at lit. Zion Church, which was generally attended by the people living in the neigh borhood. Physically Incapable of the Crime. The defense after proving, from its stand no int. an alibi for both the defendants, pro ceeded to strengthen their case by evidence to show that David Nicely was physically incapable of walking 30 miles1 the greater part of the, way over a mountainand all the way over bad roads made worse by snow and slush. The Nicelys' family physician had died shortly after the arrest of the boys, so the de fense called Dr. Brubaker, who had been treating David in jail. The physioian said that David was suffering from pertrophy or overgrowth of the heart an organic disease of some standing. In repose the prisoner's heartbeats were 10 or 12 a minute above the normal, and incapacitated him from severe physical exercise. In answer to a question as to the effect of walking upon the pris oner, Dr. Brubaker replied: "He would be liable to sudden death under long-continued exercise. The natural beat of his heart now is 84 to the minute. When a man walks rapidlv every second the pulse of the heart is increased and the heart becomes engorged by the outgoing ot the blood and may choke, or it may lose the power of contracting, and so cause death. A Fast Walk Wonld Be Fatal. "David Nicely may have a pulse, say of 180 under rapid walking, and suddenly the pulse may fall to 80 a minute, and then he would certainly die from loss or power in the heart It would be possible for him in his condition to wale 14 or 15 miles, but he would have to walk very slowly and delib erately." The Vaneers, who identified the two men climbing the mountain as the Nicelys, said that the men were walking fast The defense then took up the identifica tion of David Nicely's pocketbook, hand kerchief, coat and overalls, and Joseph Nicely's hat. Theyproduced witnesseswho swore that the pocketbook produced in court was not the one sent by David to his wife, or the one taken by the officers from his house, thus inferring that Umberger's pock etbook had been substituted for the one received from Mrs. Nicely. The witnesses for the prosecution denied this and insisted that it had been kept in the Bafe of a Pitts burg detective agency from the time it was received until the trial. Serious Insinuations by the Defense. The defense argued that no murderer would be idiotic enough to throw away his own pocketbook, which was a good one, and substitute therefor the inferior pocketbook MARCH - i of his victim, and thus famish evidence against himself, without any possibility of recompense to pay for the risk. Again, they argued and proved, he had ample time and opportunity to get rid of the pocketbook, while he was kept under arrest all night at the National Hotel in Jjigomer. Bight in the same line was the evidence produced to offset the production of the derby hat, which Mrs. Umberger identified by a hole in the brim, as having been worn by the smaller of her husband's two assail ants. The defense did not deny that the hat in court belonged to Josepb, but produced witnesses who swore most positivelv that there was no hole in the brim when the hat was taken from Joseph's house a week or more after the murder. Evidence was given to show that the patch on David's coat, which led to its Identification by little Nan nie Umberger, was not sewn on until after the murder. The handkerchief and overalls were of such a common pattern, that the de tense held that it would be impossible to identify them. SENTENCED TO DEATH. B01H MEN CONVICTED OF MUBDEB IN THE FIRST DEGREE. Clamor in Court Canses an Appeal for a New Trial The Influence of Popular Sentiment Every Avenue of Escape Closed and the Execution Fixed A Re pentant Juror. The jury in the case retired on June 7 to find a. verdict Judge Baer, in his charge to the jurors, impressed upon them the enormity oi the offense with which the pris oners were oharged, rapidly reviewed the testimony, leaving to the jury the task of reconciling it, or of selecting that side which seemed to them the most reasonable. He further instructed them that if they found the prisoners guilty, it must be murder in the first or second degree. The jury was out all night and returned a verdict of guilty. The verdict did not specify of what the prisoners had been found guilty, and they were ordered to remedy the defect, which they did in a few moments by returning a verdict of murder in the first degree against both prisoners. The verdict was a popular one, and was enthusiastically indorsed by larce crowds which had gath ered from all parts of the county to bear the result of the trial. The prisoners' counsel at once made a motion for a new trial, alleging that the jury bad been influenced, if not overawed, by the turbulence of the audience during the trial, and proving that remarks calcu lated to intimidate or unfavorably influence the jurors were let fall in their hearing while going to and fro for meals. Tipstaff Huston, who had charge of the jury, testi fied to these facts and to overhearing one of the jurors say while considering their ver dict: "If we don't convict these men of murder in the first degree the citizens will mob us." Hew evidence had also been discovered which would strengthen the alibi, and an affidavit was prodnced from Dr. G. B. An derson, who had treated David Nicely a year before for heart disease, in which he stated that it would have been physically impossible for David to have made the long tramp of 28 or 30 miles over the mountain and back again on the day of the murder. To Be Hanged by the Neck. The counsel for the defense raised some other points in their motion, but on August 19 a new trial was refused and the prisoners called up for sentence. When asked if they had anything to say before sentence was passed upon them, the brothers arose in turn and simply said: "I have only to say I am not guilty." The prisoners were sentenced to be hanged bv the neck until dead that they might ex piate the murder of Farmer Umberger, of which they were convicted, and were re turned to jail. The good people of Somerset county were satisfied. Rampant crime had been seriously discouraged at that term of court, for four of the McClellandtown gang hart also been sentenced to the penitentiary to serve long terms. The Somerset connty farmer felt that now he could retire at night in perfect safety without fearing the possibility of awakening in another world where agricult ure is not practiced, A Kepentant Juror's Letter. The defense did not give up, but prepared to appeal to the Supreme Court The coun sel felt encouraged by the following letter from one of the jurors, which was received on the day ot sentence: Fair Hope, August 17, 1889. General W. H. Koontz: Dear Sib I drop you a few lines as regards the Nicely case. I have been thinking a great deal about It and am not satisfied. It has been bearing on my mind ever since: it was not my will that it was decided that way. 1 was sick and hurt; the evidence was not sufficient to convince me of their guilt, and I would have staved in that jnryroom until now if I bad not been overpowered by men and sickness. Will you favor me by going to the Nicelys and telling tbem that I do not want them to have any bard feelings toward me; that I tried to do my dut) and conld not Now, Mr. Koonts, let me know what they say. I can see tnose men's faces before me every night, and I do not like that. Please answer soon. J. W. Beck. The appeal to the Supreme Court was fruitless, as were two hearings before the Pardon Board, and one o f Governor Beaver's last official acts was to fix the execution for April 2. SEEKING FRESH CLEWS. THE VERY BEMABKABLE CONFESSION OF JOHN BEACH. Corroborative Testimony Produced Result of a Mother's Sadness The Phrenologist and His Mysterious Visitor A Stranger Who Knew All About the Murder. The counsel for the Nicelys were confi dent of the innocence of their clients, and believed them to be the victims of a popular clamor for blood. They arrived at the con clusion that in order to prove their clients guiltless it was necessary to find the actual criminals, something that is not expected from counsel for the defense under the Con stitution, which holds every man innocent until the Commonwealth proves beyond doubt that he is guilty. Inquiries were made in the neighborhood of the Umberger farm, and there it was learned that a week or two before the mur der a traveling'phrenologht had been doing a good business in the community, and be side? getting acquainted with the bumps on the farmers' craninms.had probably learned something about their households, customs and probable wealth. This man would stop over night at a farmhouse, and being a good talker, was a welcome guest. The Phrenologist and the Stranger. A Mrs. Beale entertained the phrenolo gist for several days, bnt had forgotten the name he gave. Two days before the Um berger murder, a stranger called at her house and inquired for the phrenologist They both went into the parlor, and when Mrs. Beale came into the room again the men were sitting side by side on the lounge and talking in whispers. The stranger left shortly, and the next day the phrenologist went away, to return on the Friday after the murder, for which date he had a pro fessional engagement at a neighboring farm. f The phrenologist has not been seen in that neighborhood since. About 8 o'clock on the second morning after the murdera man descended the moun tainside at New Florence, apparently, from the direction of Jennertown. His clothing and appearance tallied generally with that of the smaller man concerned in the Um berger murder, but the people he met paid no particular attention to that, as they were too deely interested in the news he brought He stopped to listen to James L. Hare and his companions who were piling ties aud talking about a young man who was killed on the railroad the day before. Knew All About the Mnrdor. "Are you talking about the Umberger murder?" asked the stranger. "No." was the reply. "What do you mean?" "Didn't you hear of the Umberger mur der yet?" was the interrogative reply. Hare knew the Umbergers, and was inter ested, so the stranger told him all about it, and then went on to say that the people of Jennertown didn't know how to conduct an inquest, and he bad to take charge of affairs and show them how to do it properly. He further told Hare that be was coing to Johnstown, where be had a number of stonemasons at work. Then he went down to the railroad, and instead of waiting for a passenger train, which would be due in a few minutes, jumped on a freight and rode out of sight Inquiry was then made among those per sons who attended the Inquest, but no one remembered seeing such a man, and all were confident that they would not have forgotten him if he had acted as master of ceremonies. The stranger had obtained his information elsewhere, and had been first with the news at New Florence. John Beach's Remarkable Confession. No clew could be found to the phrenolo gist, his friend or the New Florence stran ger, and the attorneys were giving up this trail in despair, when, in June last, General Coffroth, one of the Nicely's counsel, was staggered to find in his mail a confession of the Umberger murder, signed by John Beach and duly attested by E. P. King, Justice of the Peace, in Middlecreek town ship. The confession was badly written and poorly spelled, and read as follows; In connection with my confession I will say that I started East in the tall o 1 1873 from Oay lord, Kan.,in company with four other men. We expressed our valises to Scottdale, West moreland county, Pa., and started after to beat our way through. We all went together as far as Achlson, Kau. There two of them left the crowd and the other two and I went together to Kansas City. One of their names was Will iam iSurkbolder. and the other Sipe. I forget the other men's names. They were all lrom Westmoreland county and well acquainted with each other. When we got to Kansas City I was to get a boat and we were all to go down the river as far as the mouth of the Jlisaouri I left Burkholder and Bipe at a certain place in the evening until I wonld get the boat. I got caught In getting the boat and was locked up for BU days ana could not meet my partners. Beach Assumes Another Name. Here I changed my name, and have kept my new name ever since, tor I did not want my real name in the papers, or that John Beach was cauzbt stealing a boat. I stayed in Kansas City till the next June, and then started on a steamboat East after my partners. 1 got as far as St. Louis, stayed there till the next summer and then started East I got as f arjis Cincinnati, O.: stayed there about six months. My next move was to Pittsburg, and from there I got on a freight train to stop at Oreensburg, bnt It did not stop till It got to Johnstown. Hera was plenty of work of all Kinds, and I liked the place and gave up hunting for Burkholder and Sipe. After 1 was there about foar or five months I got acquainted with a man by the name of Miller. He worked about town, did odd jobs, dug cellars, cleaned well", and did errands for boarding bouse men. After I was acquainted with Miller some time we started West again to Michigan. Were In Detroit and other dif ferent places; from there to Wheeling. W. Va.; from there we went to Cumberland. From there we started through the country to Johns town, and on our way met with one of Miller's old chums. He was a book agent, and "look ing out for something," as be called it. and said be had some good ones spotted In Somerset countv. He cave us the names of several farmers. One was Bernard Miller, near Gar rett, and Umberger, near Jennertown, and others. Umberger Killed In a Scuffle. We appointed a place to meet at, and after several meetings and about a year's time we concluded on Umberger. Miller and I went In. while the book agent and his men stayed out side. When we got the money thero was a big sen file. Miller shot three or four times with bis revolver. Mine was a 22-caliber, seven-shot. I lost my big revolver when 1 shipped my valise East with Burkholder and Sipe. Thero was no need of the shooting. When we got out of the bouse we all r'arted for La t robe. We all weut together tor several miles, till wc came to the forks of aroad. Here we divided the money and threw one pocket book away, and parted. Miller and I taking one road and the others another way. We kept the other pocketbook until we got to a small stream, and threw it In. We then went to tne railroad. We ate our lunch, hid our money, and appointed a place to meet at and begged our way. After the Nicely boys were arrested, we went and got our money, and I started West to Kansas City and Miller went to Cum berland. I got several letters from Miller while he was in Cumberland. In his last letter he said the Nicelys were in jail yet and he was going back to Johnstown to rent a billiard hall and go into business. In about a week I heard of the Johnstown flood, and I never heard any more of Miller, so 1 came East to look for him. I suppose he was lost In the flood. Haunted by a Mother's Face. On the train I beard a stranger say, "Tho lady in black Is the mother of the Nicely boys." I looked at her. She bad the saddest face I ever saw. X can never lorget tnat sad look un til my last hour. I can always see it before my eyes. I have put off this statement as long as 1 could with her looks before my face, and the trouble of the Nicely family, wltn two boys in jail waiting to be hanged innocent If they can find Buck bolder and Sipe they will tell you my intentions of coming East. John Beach. I ask the Justice of the Peace to take a copy of this and send it to the .Nicely family and keep a copy of it Justice King says he was lying on his lounge on Sunday evening, June 8, 1890, when a stranger walked in and wanted to be sworn to a paper. The 'Squire told him Sunday was not a day for business, but he might stay all night and take the oath in the morning. The man persisted, saying it didn't amount to much anyway. It was getting dark and the 'Squire walked out onto the porch, end asked him it he knew the contents of the paper. The man replied that he did, as be had written it and signed it himself. Then the 'Squire swore him in the usual form. Carried a Big Itoll of Money. The stranger pulled out a big pocketbook full of money, the 'Squire estimating that there was at least $1,000 in it He selected a S3 bill and asked the Justice to change it, but the latter could not, and the stranger gave him a quarter. The man took the document he had sworn to. wrapped it in a newspaper and tied a string around. At first he acted as if he were going to put it in his pocket and afterward in his valise, but finally he handed it to the 'Squire, saying. "J. am going to see a iriena to-night; won't you keep it till morning for me; ft is useless'forme to carry it along with us. I will be back this way in the morning and will get it." The Justice took the paper, locked it in his desk and the man walked away, never returning for the paper. Several days later the 'Squire examined it, and when he dis covered what it was, forwarded it to the prisoners' counsel, not knowing the address of the Nicely family. William Burkholder, Amos Sipe and James D. Mountain, three of the men with John Beach on his Western tour, were found and corroborated the confession so far as the details of that trip were concerned. Identified by an Old Photograph. Burkholder had a photograph of Beach taken some years before, and this Justice King recognized as bearing a remarkable resemblance to the man he qualified on that Sunday evening in June. Beach was a tall man, with thick whiskers and beard heavily tinged with gray. Mountain, in his statement, said he had been approached by a well-dressed stranger who warned him if he gave any testimony in this matter favorable to the Nicelys that be would become unpopular, and that there would be money in it if he dodged the serv ice of the subpoena. The country has been scoured for months to find a trace of the man who swore to the confession at Justice King's office, but until the last few days no clew had been found. Now, however, it is believed that Beach has been located, and it is only a question of a few days until he will be confronted with the confession purporting to be written by him. It is chiefly for the purpose of secur ing time to find this man that Governor Pattison will be asked this week to grant an . extension of the time fixed for the execution. BREAKS FOR LIBERTY. THE ATTEMPTS TO ESCAPE MADE BY THE NICELY BOYS. The Tnrnkey Shot and Overpowered A Very Brief Season of Freedom Threats of Lynching Breaking Through the Wall The Wounded Fugitives Cap tured Again. The efforts of the counsel for the Nicelys to obtain a commutation of sentence from the Pardon Board were sadly handicapped and probably frustrated by the attempts of the prisoners to escape. Twice the con demned men broke out of jail; once they were discovered while at wort on the in side, and only a few days ago they were found in possession of an assortment of very fine files. The first attempt to get away was made in the summer of 1889, by breaking through the wall of the jail, but was discovered be fore much headway was made. The men were then kept confined in cells, having the freedom of the corridor at meal times. In September, 1889, a Pittsburger named Lehr was placed in jail to await trial for participation in a cutting affray. He and the Nicelys became good friends and planned an escape. In this they were un doubtedly aided by friends on the outside, who succeeded in furnishing them with re volvers and tools. Shot the Turnkey and Escaped. At noon on September 16 Milton E. Mc Millan, the turnkey, brought in the pris oners' dinners, and let them out of their cells into the corridor that they might eat with some decree ot comfort The prisoners were no sooner out of their cells than Lehr covered the turnkey with a revolver, expect ing to bluff him into giving up the keys. McMillan didn't see it that way, and David Nicely sprang at him and struggled with him for the possession of the keys. Joseph went to David's assistance, and in the scuffle shot McMillan twice in the left side. The friends of the Nicelys says this shoot ing was not part of the programme, as the prisoners expected that the mere exhibition of the revolvers would be sufficient to over awe McMillan. The turnkey was left in the jail severely wounded; the prisoners took the keys, un-, locked the jail doors, and the Nicelys broke for a strip of woodland about a mile away. It was but a few minutes until the town was aroused, and hundreds of citizens turned out to pursue the fugitives. Captured in the Woods. The Nicelys had been seen entering the woods, which were at once surrounded, while men went through to beat up the human game. It was not long until David was found perched up among the foliage of a high tree. A couple ot rifles were pointed at him, and it was suggested that he come down. He came. Half an hour later Joseph was discovered nnder a thick pile of brush. He was dragged out and both pris oners were conducted back to the jail from which they had escaped less than two hours before. The news of the attack upon the tnrnkey and the escape of the prisoners spread rap idly, and the party having the Nicelys jn charge were met on their way hack to the jail by an infuriated mob who wanted to Ivncb the prisoners then and there. The Sheriff was on hand and calledupon several of the citizens to aid in protecting the Nice lys, and after much difficulty succeeded in getting them back into jail. Turnkey McMillan recovered, although his life was despaired ot for some days, and now he is a member of the deathwatch which has charge of the Nicelys until the day of thn execution. Broke Through the Jail Walt It was over a year before the Nicelys made another attempt to escape. On the evening of November 29, 1S90, the combina tion at tbe end ot the corridor which locks the cells was left unfastened. The Nicelys and another prisoner named Queen, arrested for some trifling offense, walked around into another corridor, climbed up through a trap door into a garret, and there broke through the brick wall, 30 feet above the ground. They bad a rope, and Joe descended first, but fell several feet and broke his ankle. David followed, and was also injured, while Queen fell the whole distance and broke his leg in two places. His groans attracted at tention, and led to the discovery of the es cape. Several posses were organized to scour the country. The County Commissioners offered a reward for the capture of the fugitives, which was increased by a subscription raised by the citizens. All night the search continued and all the next day, but no trace of the Nicelys could be found. The citizens arrived at the conclusion that the men had reached the mountains, with which they were well acquainted, and where a thousand men could not find them unless by accident. Captured by Farmers. Farmer Fenner, who lives about a mil away from the jail, went to his barn to feed his stock on the evening of the second day after the escape, and heard a noise in his hayloft He investigated, and there found David Nicely, with a ke and an arm broken, and suffering irensely from his in juries. David was well armed, but too weak and discouraged to attempt resistance. He was taken back to jail, and the news of bis capture encouraged the citizens to persist in their search for Joseph. The next evening Farmer Barclay found Joseph in his ham. The latter had trav eled a mile further than his brother, but the pain of, his broken ankle had proven too much for him. He had crawled into the barn, and had been unable to move. When he was found his feet were badly frozen. Joseph was taken back to jail, and from that time they have been vigilantly guarded. NICELY BOYS TALK. THEY TRIED TO ESCAPE BECAUSE THEY WEEE INNOCENT. Determined Not to Softer From the Mis. takes of Court and Jury Confident That the Criminals Will Yet Be Found Preparations for tho Execution. "Why did we try to escape? Why should we stay here when we were innocent?" said Joseph Nicely to The Dispatch man, when interviewed in his cell in the Somerset jaiC The Nicely boys occupy adjoining cells in the second story of the little jail, which stands by itself between the Court House and the Sheriffs residence. Tbe jail is of brick, sheathed inside with iron, with a plentiful supply of heavily grated doon. -'.-' . ..,.,.',,' m&M&&&m
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