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.
-'.-' . ..,.,.',,'
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