The SomersetHerald. GEOKfiK R. PCVLL. Editor. ..Aprils,!. Dick V ought is leader. perfume cases at Ilieserker A Snyder'a Vought't pwi? " llie l" " o somerset. AU kinds of trusses at Bieaecker 1 Sny der . Oir len bx it, and garden product a, Yought's. E glasses aod spectaclei at Bieaecker A g.,vJer - Alsbastine in- all colors at Bieaecker A grvders. m. Chls there t"T ln hero for yon. All the different odors of extracts at Bie snker A Snyder's. Mrs. Vhl is selling food school baU for children for Si cents, Removed, and don't forget-J. B. Holdex bauius Hardware Store. n, to Mrs. Vblsand see ber new stock of raring millinery goods. We want evervbody to oon iu and see us week. ' J- Hoi.pea.ACi.. HeJford Water, bottled, recommended by physicians, to be bad only at Biesecker & Fnrder'a. When vou go to town next wee, uou i lV to 'call aud see J. B. Holderbeum'e Be store-room. Carpet!!, matting, and floor oil cloths of J ml cheap at J. M. HoLKERSAl'MS. We want tlie carpet and clothing trade, and will o!Ter extra inducements. J. M. Hoi.DF.BBAtM. The SuUivan apologizes for having ,,:. that the teniratice interests were in bottle " array. It meant ' little array," We have on hand a laiye number of good .-k which we will sell iu quantities to suit ,!. purchaser. Prices very reasonable. Yard site the planing mill. Holbbook 15bo. A Tabsoh. 1 m -i ii)T a heavy t li under storm at ionrales' T,v.,u Wednesday, a flock of wild geese struck by lightning and seventy-eight I liieni were killed. ser.,1 fir circular givinz outline of Spring -ummer sessions of Morrell Institute. jol,n,t..w n. I'a. S. boo' of Methods a spec ial feature, l'i professional instnictors en- plir-sl- iVineamlsee our newly arranged carpet .... 1-arge stock of all kinds of carpet. fr,., 15 cents :o ii per yaid, and Urge o.a.c to show them. ' J. M. HoLiKBem. '. you deal at Voiights grocery? If you .mt to save money and at the same time pi your money "a worth, You cant com mence to a. .on. An Iowa Prohibition judge has improved ,-,..! t',e text. " '."'k not upon the wine ,i,..n it is red," hy adding or "the sweet r. I r a it flows from the mill." lor one !, ! like an a ider," ani the other turns to i :v-i:.ir. Tbe following letter? and postals remaining n the Postoffice at Somerset, will be sent to tie- iVal Letter "SI. if "ot railed for with in ten days from tlii date. April 3, l:irnhrt. Minnie: liaidwin, Edward; l'.iH.m. Calvin; Harman, Harry; Haines, !-.ihia; Miller, Edith ; Orlovio, Marigo ; !! ;:!,. Catharine Mrs. ; Stall!, Alfred, Shaf f. r, J.u'oli ; Younp. Nannie. J. K. C.IFFBOTII, P. M. Ti.e horrible niur.ler of old Mr. I'mlier-f-r i -till agitating the public, and this pui u- in niin.l that Jus-tiees of the PeacshoHld be aell Mij.plied with Warrants and Commitment-, in these wicked times, you can a! ays pet them at Fisher's Book Store, as well as Ih'e-ls, U-ase?. Summons, SubpiTiias snJ other I-mral Hianks. And as the 1st, of April ami Spring sales are close at hand you II aNo want Judgment Notes and lte-(-i(ts. And newly elected Justices and (VtuMnhlrs mil want Uinu'a Justice and a C,.tita!.' fiuide: and Township Supervi sors will do well to supply themselves with a ?"iiervMr s (iuiile. And Country Mer rhsnts will want Rlank Books, Iegal Cap, F iis Cap. 1-etter Paper and Envelo. and the place to get all tine things is at Eistier' JUn.k Store. Oil Cake Meal. ' Cli miral analysis has shown, and eipe rirm has ppivcn that of all fttnling Sub stance, nil Meal Stan-Is without an e -ual." i..l for Horses, Cattle, Sheep and Pigs. Karmers should not 1 without it, especially in Spring time, tlive it a trial. You can always pet it at the well-known Grocery and Ketd Store. Gk Bkeeits. What is lioing on in Somerset? The latest we know of in the last thirty days, is ti.e removal of J. B. Holderbauni's Hardware Store to tl.c new room one door North of C.s.k 4 Ileerits's Grocery, where thiy nave the largest and best finished room in Western Pennsylvania. Owing to our larsw and increasing trade we were obliged to leave the oul stand, where we had been for ninny years, and find more room. We are now prcjiared to furnish the best Hard ware and Implements at the lowest invisible pries. Pica- call and see us when in Soin erset, whether you want goods or not. We aaiit y..u to see our room and goods, and icam our prices. J. B. Hol-I.KRBAl-H. Look ! New banners at housekeeping want to ktn w that the cheapest place to buy yueens ware. iiaware. Buckets. Tubs and Basket, is at K. B. Coflroth's. and don't you forget it. but come and secure the bargains now ..tiered. La-lies. you can find all colors of ready niix.ii paint, and in any quantity you want, put ip in any sized tin cans ; also, all kind of.sl jiains. tube colors, paint brushes, vnib and dusting brushes, at J. B. Holder baaiu' Hardware Store, Somerset P.a. Wanted. A few g'd men to collect and sell f.ir the Sinvr Sewing Machine Company in Som erset County. Pa. Steady employment the y.-ar round, and good wares paid to live, en enretic itKti. Must fumish good reference. Call on or ad. Id res The Sisocb MxrrA"rrRio Co., Johnstown, Pa. Wartstf ! Hid., and Fun, I will pay tlie highest QLh pii-e for all kimis of hides, pells and furs. 1 also want ." conis of Kock ak and sl"nHe Hark. 1"0 conis wanted at once, 'all on me at my residence, iramedi atdy west of the 3. A C. Station. H. a. CitasiaaBaJI. For Sale. " 'extern clover and timothy seed, the best fi"iir in tl: market, corn, ear and slwlled, bran. mi. Mlinirs, chop, eats, oranges, nadae "s.. cfTe, ersx-kers. IksUis. canned goods, Inter, carinn oil. brcioms, lemons, syrups, w. .-tvwe, corn meal, oat meal, dried fruits, laM. irvil beef, lime, buckets, sugars, spices, baron, rice. tul, soaps, baskets. Lamps, ''"'"tieys, tilaccM, cigars, candies. At.. Ac. 'Vhi itry produce taken at all limes. neiei.-tfully, M. S hbsk. Mothinj in trie Wide World so Good. I was afflicted with Kidney disease. Dr. Kennedy's Favorite Remedy, of rjridout, Y. I say it with a perfect recollection f all that was done fir me besides, is tlie ""ly thing ibst gave roe permanent relief. ' '.av rriMmmended this medicine to many tT for Ki.lneT diwwse and tliey all agree in saying that ii has not its equal n the "'de worl.l C this complaint. Lyman Vnwf.xd. DmgsM. Springfield. Mas. Early garden products frosB the iiootliern kcu at Vnught'a, II r. Ned Kiernan, of Pittsburgh, spent the first of April in town. Mrs. Emrua Landis has been appoinltd postmistress at Downey, this counly. Ilerr Brut hers, have put a large elegant new safe in their jewelry store on Main street. Krnest O. koo-ser and Ed. li'.e, students at Washington and Jefferson College, are home lor the spring vacation. Mr. Cyras B. Moore was appointed post master at New Lexington by tbe Postmas ter General, on Saturday. M r. George Keira, who is engaged in teach ing in tiie Cumberland. Aid., public schools, spent tbe early part of tbe week with friends in Somerset. J. C. Ogle. Esq., and family bare return ed to Homers et and will ' take possession of their Queen Anne cottage, on Union street, during the week. Dr. James E.' Bitrsecker, wiio has been housed for the past few days with an attack of pinkeye was at bis place of business this morning greatly improved. Mr. Herman Shank and family, of Shanksville, have moved to Somerset, and are occupying the house recently vacated by John Megahau, on Patriot s feet. The first of April brought the usual large crowd of people to kiwo. Moat of luetu bad either obligations to meet or money to receive. There w as no scarcity of money, and hundreds were seeking investments. The name of William H. Zufall was sent to the Senate by President Harrison Satur day for confirmation as postmaster at Mey ersdale, the commission of the present in cumbent having expired on February 27lb. Jacob J. Sis-i. her telis us that there is no truth iu the reinirt published last week of burglars having visited hi residence near Sipeaville. We hope Mr. Speicher may al wars escape visits from swell unwelcome guests. - TiiC Republicans of Elklick, who receive their mail at Jsalisbury, held au election ob Saturday, to decide who should be recom mended to the Post Master General to till the otti.-e of post master at tlutl plai-e under the new administration. The vole Jecnktl iu favor of Mr. Monimore Weill, y. The Somerset Counly Turcs, as announc ed in last week s issue of that journal has clianged hands, Messrs. John A. Iaimbcrt, Win. M. Schrock and F. F. Koon'.i becoming the new publisliera. The first issue under the new management, it is given out, will make its appearance next week. We wel come the trio to editorial life. The Keck property on Main street, was sold Monday evening, Mr. John Winters be ing tlie purchaser. The price jid was -ij"0. This property was formerly occu pied as a hotel having been known as tlie " Xaugle House." It is understood that Mr. Winter's will reo.en it for the entertainment of the public in the course of a few weeks. Isaac IIuKUa, Esq., one of the oldest living members of the Somerset County liar, was in the city this morning. Mr. Hugos has quite an extensive acquaintance here, and when he visits town is always cordially welcomed, lie holds to the belief tliat nisn's only hope for salvation is in being a good Democrat and a Presbyterian. Jukiu town Tr&une. Robert, son of James Marshall, Erq , of Somerset township, met with a very painful and serious accident Tuesday evening, near Vrsina where he was engagd in lodging. By some mishap the young roan was unfor tunate in getting the first three fingers of "his right hand entangled in a log chain, while his horses were in motion, and after he had succeeded in releasing his hand it was be reft of those three useful members. He came to Somerset tlie following morning where his lacerated duke was dressed by Dr. Bru baker. Hon. Sam Mier, of Salisbury, who was spending last week witb his friends in Som erset, showed us a curiosity iu tlie way of a back number firearm. It is an old French cavaliy pistol, made in May, 1782 the year being stamped on the handle and is highly finished in brass. It has an old flint lock, and a ramrod as large as those required for the old-time muskets, but noli. Sam says it will kill at forty rods. Mr. Mier beard of this wrajion several years ago as lieing own ed by a resident of Maryland, and belicvirig his arsenal would not be complete without this addition, journeyed ovr the B'.ate line and purchased it. Hon. E. D. Yutry, who formerly represen ted Somerset county in the Senate, now re sides in Falls City, Nebraska, and is a mem ber of the Nebraska Legislature. Reports from there state that Mr. Yntxy is being pushed for either Register or Receiver of the United States Land Ollice. Brdfurd Imjnirrr. We have seen this statement in a number of our exchanges, and it will no doubt be news to Col. Yutzy, who continues to reside in I'rsina, this county, where he has made his home for the past twenty years. It is a brother of the Oolom-rs, H-mi. J. C. Yutzy, who is a member of the Nebraska Legisla ture. Early Monday morning (all fool's day) each minister iu our town received a polite note asking him to call at the Somrset House at 1 p. at. sharp to make happy a pen itent bachelor. Two of the Rev. gentle men dropped onto the sell at once a third arrayed himself in a strictly clerical manner and lingered near the bouse in a distrustful way, while a fourth, the most stately and dignified gentleman of all, called and asked if there was any inquiry for him. On re ceivin a negative reply he for tlie first time realized he was sold. We would suggest tliat it may only have been a scheme on the part of the several bachelors residing there to secure matrimonial rates. On Thursday Dr. Henry Bru baker, Som erset's leading physician, discovered that the gold mine in his Main street residence had been mined unknown to the owner, and re lieved of all its treasure. For a number of years it has been the IVictore custom every time a gold piece came into bis possession to toes it carelessly into a small box in one of the upstairs rooms, and allow it to remain there until he had occasion to use it. The last time but one that the Doctor looked into the treasure box heeonnted twenty-fiveshin-ers, and be was very much surprised on go ing to it Thursday afternoon, when he found an opportunity to place tlie three hundred dollars, to find that the box had been entire ly relieved of iu contents. For the past five or six years the Doctor has had a young boy Abram Zerfoss, by name, in his employ. Abram was industri ous, attentive to bis duties, and enjoyed the confidence of his employer, aud when tbe family were all at went from the house he was frequently left in charge. About six months ago tlie Doctor comaienred to miss alcohol and wine from his otlice, but was very reluctant to believe that his trusted employe was engaged in helping himself. Sunday evening, however, when the Doctor discovered tlie ks of a quantity of wine be made an investigation, which admitted of no doubt of the boy's having stolen It. Monday morning tlie Doctor took the faithful Abram to task, and after listening to a confession of tlie boy's petty thieving, remonstrated with him gtntly. and exacting promises of better conduct in tbe future, bad his hone hitched up and started for the country to see a pa tient. On bis return Abram had disappear ed, and on inqairy it was learned thai the young man had jumped the town. When the Itoctor went for his gold TliurNlsy even ing and discovered tliat it had been stolen, he was convinced that Abram bad taken it. 'Jacob Zerfoss. father of the boy, was in Johnstown looking for bis runaway boy on Friday, but was enable to learn anything in regard to his whereabouts. Dr. Brubakex will not prosecute the boy. It has been a Uu.g time sine ths hoys of tbe town have witnessed a ftglitsxisinling to ring rules. In tlie first few years following the war such encounters were of almost dai ly occurrence on our streets. We don't mean to say that they were all fought on scientific principles, because gouging and stamping were frequently msortrd to; but none the less every locality boasted of its buliy, and set Uj'a were a favorite pastime. We re ail one occasion when a lumberman from "the pines" was knocked down not less than thirty consecutive times by a big burly fel low from the touth of the county. This amusing scene occurred in the public square to the enjoyment of a great crowd of spec tators, it being court week, and no officer of tbe law interfered to put a quietus to this rather violent exhibition of calesthenka. But those halcyon days have been gone fur some time, and we indulged in the hope that they might never again recur. Bat alas ! our fund dreams were dispelled Sat urday evening when we saw all of our young men and boys rushing for the outskirts of the village. On inquiring what caused this mad outpouring of the youth and hope of our town, we were informed that two of our local athletes were roing to "fight to a finish" outside tbe borough limits, a borough ordinance forbidding such encounters in the town. Our curiosity was not sufficient to pro pell us to tlie scene of the battle, but we have since learned that it resulted in a draw. It seems tliat tlie contestants. Messrs. Woolley and Hoover, bad no grudge to set tle but simply to establish which was the I letter man. Judging from the lacerated condition of both young men's mugs the castial observer would be led to the conclu sion tliat they bad been monkeying with buzz-saw. THE FIRST JAO OF OLD RYE. It waa not Distilled on Mount Wash Ington. To the Editor of The Pittsburgh Post. A writer in The '.f of last Wednesday. under the head, "Old Moiionioiliela" has given an account of who first set up, and w here the distillery was, to make pure rye w hisky. If his statement is correct we have an another instance of the uncertainties of history. This writer says : The story dates back to the year 179S, when one of tieorge Washington's most valiant soldiers, by name John Large, wan- rienil into tlie tlien wild regions of Penn sylvania. He had left a pleasant home in New Jrrsev, but being of an ambitions ami venturesome turn of mind, he concluded to tnr his fortune among tlie undeveloped val evs of the I pper Ohio. The vicimlv fo I'litshnrvh struck his fancr, aud he settled here Findine a demand for better and more whisker than was being pmvided hy pack- sad.lle and caravansary, he established a distillery on Mount Washington. There, overlooking the waters of the Mouongaliela, the first whisky made in Pennsylvania was produced. This writer could never have heard of the whisky insurrection in Southwestern Pennsylvania in 174, when George Wash ington was president. The cause of the op rising of the people to a man including clergymen and women was the tax of 3TJ cents a gallon put on w husky to help ay the war debt of our revolution. A few pence on a pound of tea. a tax England put upon her American colonies, we uave been told was one of the principal reasons for the war of the revolution. Compare this amount of tax to tlie one we have been burdened with for years to pay the cost of a most useless and uncalled for war, and weep. In 17N4, to enforce the collection of this w hisky tax, quiie an army, commanded by Washington, was sent out. When the army reached the town of Bedford a halt was maJe, and Washington, with Alexander Hamilton, came no farther west, as a settle ment was agiced upon by the government and the leaders of the whisky rsiys, as they called themselves. Tom the Tinker was a noted liwder. Congressman Findley, of Westmoreland, was one of the commission ers to settle on the part of the whisky boys. Somerset county had a number of distiller ies before 17!M, as had other counties in the southwest part of tbe State outside of what is tiow culled Allegheny county. Two of the most prominent leaders in Somerset county were arrested. Others hid themselves in the deep woods for months to avoid arrest. The names of 'he two men arrested in Somerset county were Herman Husband and Robert Pbilson. Husband died in Philadelphia, within bis prison bounds, which was enly a tew streets in the city. Pbilson was released without trial, came home and waa afterward elected to congress as a mark of gratitude for his suf ferings in whst tlie people then thought was a righteous cause. Husband was called the mountain phil osopher. He was brave, eccentric and tal ented. He escaped hanging by the Tories in North Carolina by the interference of per sonal friends. Tbe first mass meetings held in Somerset connty were called and address ed by him in opposition to to the whisky tax. Somerset, as well as the other southwest ern counties, as a debt of gratitude to this great apostle of freedom should rear an en during monument to his memory ou the highest peak of tlie Allegheny mountain iu Somerset county. Somerset. Somerset, Pa., March 25. Help The Young: Men. The young men of the Disciple Church have undertaken a christain enterprise in be half of the young men and boys of Somer set and vicinity. The field of their chris tain endeavor, is entirely unoccupied by any of the christian workers of the town. The gentlemen are giving liberal weekly contri butions to this work, wishing however, to Increase their financial strength, they will give two public entertainments at the Opera House to which they invite the liberal pat nmage of the people of Somerst. These entertainments will consist of lectures de livered by Mrs. II. E. Monroe, on the fol lowing subjects : "Christ in Art," Tuesday, April 10th. " Review of the Civil War," Wednesday, April 17th. Knowing the work andaims of the young men, I wish to beswnk for them the aid and encouragement of all persons interested ill christian work among theyoung. April 2, ISS9. A. W. Cossob. Dick Vought la Leader. From the little cellar grocery of two years ago he now occupies one of the largest and best equipped groceries in Somerset county. Notliingsucceedslikcsuccess seems to be the wstch word of his busy establish ment and from the way goo. la are bought and carried away from his store it would seem thst his hundreds of customers take tlie greatest interest in tlie prosperity of th' enterprising man. Our Firat Word la-Bargain7 In parlor and chamber furniture, single pieces, in walnut, mahogny, and antique oak. You can't do better anywhere. Tlie lowest prices yet named tor equal values. Lounges, fancy chairs and stands, marble and wood top tables and miscellaneous fur niture of many kinds at prices you cannot resist. It's a blessing to be within reach of snch an opportunity. Our stock is new, bright, dean and fresh, and wholly of the latest ami not popular styles. Oar last word is Bargai ns CorrBOTH t Co. Somerset Normal Scltool opens April 23rd, and continues ten weeks, closes with an ex amination by the County Superintendent. (Sood boarding can be had in or near tow J at from $3.25 to $3 per week. For particu lars and circulars, address H. F. BABBna or W. Coves. Somerset. Pa. Mi . J. E. Bradberry, representing K. O. Tboraieon, the well known merchant Tailor and importer of "Special " London made Clothing, of Philadelphia, New York and Boston, will be at tbe Somerset Uuose with a full line of samples of the latest styles for Spring and Summer wear. Any communica tion addressed to him, in care of this Hotel, will receive his prompt attention on arri val. The sharp peals of thunder and vivid Sash es of lightning early Sunday morning, dis turbed the peaceful ilumbercr hereabouta. A "DRY" CONVENTION, THE FRIENDS OP CONSTITU, TiONAL PROHIBITION MEET ANO ORGANIZE. The Sinews of War Raised and Preps arations For Waning a Vigor ous Campaign Made. A. It. . jFrBOTII, Cll IBKAB OF TIIE CO- TisTiow SAarrx ssyhib klectkd ch.ub- MA!t or TBI COTSTTCVlxmTTt W. B. SUP- PEL, EM)., CUAIBJtAX Of THE KXECtTlVE committee icsurnon adopted. In pursuance to a call 'published in the Hekald and elsewhere, the friends of the Constitutional Prohibition Amendment held their County Convention in Somerset on Wednesday. Owing to the fact that the court room was not in condition for the purpose, the convention was held in the beautiful and elegantly furnished auditorium of tbe Lu theran church. There were not many dele gates from a distance present seventeen of the thirty-six voting precincts in the county being unrepresented. The delegates and others began to gather at the church shortly before one o'clock, and at 1:15 tlie convention was called to onler by Rev. N. B.Critchfield, who requested Rev. Johnston, of Stoyes town, to lead in prayer. After a brief but eloquent prayer by Rev. Johnston, the Lu theran Church Choir, under the leadership of Mr. Ru)ipel, rendered a choice and ap propriate selection. By this time from one hundred aud twenty-five to one hundred and fifty persons many of them ladies had gathered in the church and tbe convention was formally organized by Rev.X. B. Critcu field nominating A. H. CoFFKOTH AS CHAIKMAH. ' X'pou taking the chair Mr. Coffroth made a brief speech, in which he said : "(Jentle nien of the Convention, it is not necessary nor is it expected of me to make a speech in accepting the honor which you have just conferred npon mc. This is a business con vention. It has been called for the purpose of erTecting an organization of all the friends of the Constitutional Prohibition Amend ment in this county. Two successive legis latures passed a law submitting this amend ment to a vote of the jieople of this State on the lSth of June next. If adopted it will become the l'.ttli amendment to the constitu tion. While there are many articles in the constitution there will be none better than the XVIIlIth when engrafted into it. If we go to work in the projier spirit there can be no question of our success. We want to place Pennsylvania on the broad plane of morality and Christianity, when we can tntthftilly say we live in a land of morality and christian liberty. The convention is now ready to proceed with its organization." After the organization had been completed by the eleciion of J. M. Berkey, of Berlin, and E. H. Werner as Secretaries, a call of the roll was ordered. SciTetary Berkey call ed the names of the voting precincts of the county in alphabetical order, and the dele gates representing the different precincts were requested to announce their names to the Sectaries. Addison Rev. N. I.. Brown announced his name. Allegheny A gen tleman by the name of Drake said he was from Allegheny but had not been elected as a delegate. Black township called tlie Sec retary. There was no response, and Berlin Boroili was called. At this juncture Chair man ColTYoth directed the Secretary to read the nani.s of the delegates from that lior ough that had b. en handed in and three or four namtis of tiersons not present were read off. As this method was pursued daring the balance of the roll cnll it was impossible for the Hkrvld reporter to get the exact num ber of delegates present as the Secretary read the names of jiersons regardless of whether they were present or not. He kept as close an aixouul as possible under thecircumstan ces and his tally foots up as follows: 3d precincts iu the county; 17 unrepresented by deleg'ites in person or by names read by tlie Secretary. Of the remaining 1 J, 1 1 were act ually represented and S by names handed to the Secretary whose owners were not pres ent in the tiesh, although possibly in the spirit. When Somerset Borough was called A. C. Ilolljert arose and read from the jwper which he held in his bands the names of fifty-two male citizens of the borough, many of whom a large majority In fact were not present. Among those who responded to their names were A. H. Coffrotli, C. F. Vhl, Val Hay, C. J. Harrison, W. B. Frease. 11.8. Enuj-Iey, Oliver Knepper. J. A. Berkey, A. W. Knepper, J. M. Cook, W. II . Piatt, Geo. J. Black. At theconclusion of the roll call a mem ber inquired whether members of the W. C. T. . would tie adiuiitel as delegates. This inquiry brought Val Hay, Esq., to his feet with a motion to the erfect that all members of the W. C. T. I'. present be declared mem bers of the convection The motion was carried unanimously and the list of dele gates was augmented greatly. It was again largely increased by admitting as delegates all the "Y l" present and likewise all the ministers of the county present. rERM!CKST OBOAjri.ATIOX. The following resolution offered by H. S. Emlsl-y, Esq., was unanimously adopted: Jtrwlrr-i, That a committee of fifteen be apa.iiited by the President to select and re port to this 'Convention one name for Chair man of theCounty Committee, one name for member of the Wtate Central Committee from Somerset Counly. aud the names of nine persons to constitute an Executive Committee. The Chair appointed the following named gentlemen as such committee : II. 8. Endsley, J. H. Zinn, C. D. Spangler, C. S. Drake. N. L. Brown, J. II. Knepper, P. S. Hay, John II. Zimmerman, Janus M. Cover, O. P. Shaver, Win, II. Hay, F. B. Collins. C. It Moore, (ieo. H. Suhrie, X. 11. Critch field. On motion of Val Hay, Esq., theChairap poinled the following committee to draft resolutions expressing the sense of the con vention : Vaientine Hay, Revs. J. F. Shearer, Ap pleton Bash, C. B. tiruver. Peter VogeL Before the committee on resolutions retir ed for consultation the convention favorably considered a motion that all resolutions of fensl by any member of the convention sfiould be sent to the committee on resolu tions without debate. The President then announced that letters had been received from Messrs. John Cessna and J. M. Reynolds, of Bedford, and John Fulton, of Johnstown, stating that it would be inqiossible for them to be present. At the request of the Chair the letters of regret re ceived from" these gentlemen were read. In tbe alisenj-e of eakers from abroad Chairman Coflroth called npon Mr. N. B. Critchfield to a.ldress tbe convention. Rev. Critclifield look exceptions to the Chair ad-, dressing Irni as Mr. when the other minis ters present had Rev. prefixed to their names when addressed by the Chair. Chairman ColTroth disclaimed any intentional affront and succeeded in mollifying the Reverend gentleman to the extent that he came for ward and addressed the meeting in his usual entertaining style until the committee on resolutions came in and made the following report: BKSOI.tTIO.VS AtlOPTKIl. The undersigned committee appointed to drift resolutions expressive of the sense of the convention, have unanimously agreed upon the following and beg leave to submit them : WHEkEis, Intemperance is omceede.1 hy all right thinking people a gigantic evil ; the bane of the individual, society, the church and the Suite; and, Wbeeeis. Constitutional Prohibition, wherever fairly tested, has proven to be the most effectual means for tlie suppression of the nun trartic. and has promoted the sobri ety, the hsppiness and the thrift-of the peo ple; and has improved their condition pecu niarily, socially, morally, and religiously, and placed them on a higher plane of cirifi Eation ; and. v Whereas. Ii is the duty of a Christian people to protect themselves, their homes, society, the State and the church airatnst tbe baneful inrluencw of the saloon and the sale arid use of intoxicating liquors as a bever age: and. Whkseas, Tlie right ot the State to pro hibit the manufactnre and sale of intoxiiwt ing liqnors as a beverage has been affirmed by' the Supreme Court i the United States the highest judicial tribunal of the nation ; therefore. litBAtal, That we hail with delight the opportunity afforded the temperance people of this Stam, on the 1 sit h of June next, to express ttieir wutimeutji. at tlie lailts. uis.n this all overshadowing question, irrewpeiiivto fit party atniiations and tree Iron: ail politic al roniplieati.ns. Hrlrrd, That we will nse all honorable means in our power to secure the adoption cf th proposed llonstitntiona! Amendment, prohibiting tbe manufactqre and sale of in toxicating liquors as a beverage in the Stale of P ntisylvteios. Ilfilml. That the High License system, which is imw beirii? advocate! by tlie ene mies of tlie proposed l oiistnuiiiM.al Amend ment, as a sulntuitte for aud as being prefer able to prohibition, is a delusion, and wa caution lite temperanes people wt t be en trapped by such sophistry. Whilst blab license, in some l.xaliues, may lessen the number of the saloons, yet Ihu ex)rinient in Chicago, Pittsbunrh, aud other lanre cities s'kiw ruitcitisirely that it doe not diminish tliequantity of liquor s. .Id, nor tlie extent of drunkenness, but increases both ; and the very fact that the system ia championad by the liquor interest of the country is con vincing proof that the system does not kill nor even cripple the liquor business. RfKJti. That we tender our heart y than ka to the newspapers of the county for kindly offering the eutnmns of their papers for com munications in behalf of the Prohibitory Amendment, and we earnestly urge the friends of the cause to avail themselves of the offer. Valestixb Hat, J. F. Sheabeb, Arr La-run Bash, C. li. tiBOVca, Peteb Vo geu, Committee. A BMCBT FLfBRT. Vp to the time of the reading of the reso lutions everything had moved along smooth ly and harmoniously, a thing rather remark able considering tbe snake-up of the conven tion; bm when the chairman of the com mittee moved for the adoption of this report a diftereut aspect of affairs was assumed. Rev. Critch field moved that the resolutions be taken up sc-i.train, and the motion was agreed to, Tbe first and second resolutions were unanimously adopted. When the third resolution was read. Rev. Critchfield moved that it be stricken from tlie report and the motion waa promptly seconded. The veteran Chairman saw the storm that was brewing and in a conciliatory voice suggested several slight changes in tbe wording of tlie resohi tion, which, as originally reported, read as follows : Aonfsnf, That the High License system propsed by the enemies of CoiiscitutJonal 1 rombitton as a substitute lor, ami as being preferable to prohibition, is fallacious a trick and a snare and we caution the tem perance people not to be entrapped by such sophistry. Rev. Bash, a member of the committee, sprang to his feet, ami, us soon as he could receive recognition from the Chair, started in hotly to defend the resolution. This was the first speech of 'he occasion with any fire in it and it aroused the convention from the lethargy it had fallen into. The speaker in sisted that it was the most important of all the resolutions and that it would be weak and cowardly in the convention to refuse to adopt it. He produced statistics to show that under the present high license law the numlier of licenses had increased, rather than diminished. In citing instances in sup port of his claim, he reverend gentleman did not refer to Philadelphia or Alleglieny coun ties. Tbe truth of the matter is that the number of licensed saloons in Pennsylvania was reduced by the Brooks law from 1 IA'j3 in 18S7, to 7,72-1 in lsw8, or nearly one halt. Reverend Critchfield replied in a calm and dispassionate manner, pointing out clearly the objectionable features of tlie resolution, and declared it would, if adopted, drive many voters into casting their ballots against the amendment. At the close cf Rev. CritchlielJ's remarks. Rev. Shearer obtained the rl 'Kir and made a heated argument in favor of the resolution. At the close of his remarks almost every member of the convention had some change or amendment to the resolution to olTer. The Chairman suggested that it the w r l "lallacious" was stricken out and the word "delusion" inserted, the objei.ti'inable feat nre would be eliminated. Mr. Hay persisted in having the resolution adopted as read. An earnest but somewhat excitable female delegate moved to amend by adding that it was not only fallacious but a snare set by the devil himself. The astute and experienced chairman saw where the discussion was leading to and sug gested that a motion to n-ler the resolution back to the committee for alteration and amendment would be in order. The motion was made and promptly declared carried, and the first and only Hurry and danger of the convention getting away from the con trol of the chairman was over. The com mittee retired and in a short lime returned with tlie resolution in the words above giv en, when it, along with the balance, was promptly adopted. COI STY ( UAIBMAS SSTDF.B. Tbe cotnniitteeon permanent organization, through their chairman reisirted as follows : "Mr. President, Ladies and Gentlemen of the Convention : Your undersigned committee on perma nent organization of the Prohibitory Amend ment forces in Somerset county, alter having given tbe matter cnrct'ul consideration, be to submit tbe following unanimous report as the result of their deliherations: For Chairman of County Committee, Hon. Samuel Snyder; Member of Mate Central Committee, Hon. Wm. S. Monran: Members of Executive Comrnitiee. W. H. Ruppel. C. II Moore. Valentine Hay, C. J. Harrison. W. H. Manges. A. Eiaus. N. 11. Critcliiicld, Oliver Knepper. Ueirge J. Black. Your committee further recommend that the chairman of the county committee, in coiijuiHii-in with the executive committee, be authorized to appoint one or more secre taries tn serve them during tjie continuance of ibis campiien. Y'onr committee further recommend tliat the chairman of the county-committee be authorize! to appoint one or more (.ersoiis In each eleciion district in the county to act as local committeemen. Signed, H. S. Endsley, Chairman ; J. H. Zinn. C. li. S(nirler, I. S. Drake. N. I- Brown, J. II. Knepper, P. S. Hav, J. H. Zimmerman. Jaiues M. Cover, O. P. S'uiver, Wm. li. Hay." Tlie report as read was unanimously adopted. Tint f tsras or waa. Chairman Coffrotli, in a brief speech, urg ed upon the ao;ivetiti'Hi tlie nvisiy of raising salhVient fund; to conduct a vig troua CAmpaigti; He said, "the enemy will be full of money, because tliey secure ibeir money by fraud, while the friends of prohibition make iheirs honestly." Val Hay, Esq., seconded the appeal of the chai i man for sinews of war to conduct an aggressive campaign. He said a gnut num ber of speakers would have to be employed ; that it would be a school-house campaign ; thg voice of the prohibition speaker should be heard from every school-bouse in the county. After considerable discussion as to the method to be adopted for raising funds, it was filially decided that individual subscrip tions should be taken at once. Chairman ColTroth led olfwith a subscrip tion of $): Chairman of the Executive Committee Ruppel, subscrilied $)"); Val Hay, Esq, $2.5; W. E. Frease, $20; P. S. Hay, $10; N. I- Brown, $; John U. Zim merman, $.5; W. II. Settlemeyer. K", Miss Belle Kimmell. W. II. Tlalt, ; A. Ev ans, $. ; W. II. Hay. ; C. W. Shober. $." ; (ieo. J. Black, ; O. P. Shaver, &j ; R. II. Koontz. $."; L C. Lanilierf, $j ; J. II. Snyder, $5; 'and other members of the Convention smaller amounts. IVfore adjournment the Secretary announced tliat $JoJ 25 had been subscribed. After the subscriptions had been taken, Val Hay, Esq., made a short speech, in which he exhorted the ministers of the county to work unceasingly from now till the polls close on the evening of the Hth of June. He sai.L ''yoo are ei otEcio members of this convention, and we want yoi to be active workers in this campaign. You have tbe confidence of the people-and can do a great work. 1 f it can't be done otherwise, close your churches Sir ten weeks prior to the eleciion and devote your entire time to thiscanse." To this Rev. Bash replied tliat this was the first time he ever heanl of the devil com ing to the sons of God to exhort them to do good a lawyer exhorting ministers to do their duty. After thi sally a motion to adjourn was made and carried. While the convention was not as largely attended as was expected, those who were present enlisted forth war and what tliey lacked in numbers tliey made op in devotion to the cause. They will wage an earnest and vigorous battle, ir.d if the Constitutional Prohibition Amendment is defeated in Som erset County cm the Isih of June it will not be because the ladies and gentlemen who composed this convention were not earnest in their efforts for its adoption. WILL THEY Sfll? David and J oseph Nicely to be Tried by a Jury of Their Countrymen On a Charge of Having Murdered Herman Utnbergcr. After Hearing-the Commonwealth's Evidence Judce Baer Remands Them to Jail Without Bail. TO BE TRIED AT MAY TERM. THE "SUSPECT" DISCHARGED. Tub Habeas Coarrs Hcabiso Axixxxxaz caowa raaam Tot tbriiiost addlved A rraoxo cbaix or bvidixcb wovbs Tut ML BO BRED MASS WIDOW TUTIftES. The feverish excitement following the an nouncement of the murder and robbery of Herman I'mberger continues to burn in the public mind, and every fresh rumor bearing on tbe crime is eagerly seized upon and star ted on its uncertain course. Sheriff JIc.MU len is besieged every day by dozens of per sons who wish to visit tlie county prison and see with their own eyes tlie two men who are charged with having committed this murder most foul. The fact that the accused were to be brought into court on a writ of huJmu rorji on Thursday baviug been givsn to the pub lic, had the effect of drawing a large number of people to town on that day. When the hour set for the bearing arrived, the walk leading from the jail to the court house was linvd on either side w ith men six or eight deep, straining their necks in morbid enrioa ity to catch a glimpse of the Niocly boys as tiny were led from tlie prison to the court room, where the hearing was to be held. The clock had hardly sounded the hour of one when the sheriff and his deputy, wi.h the three prisoners between them, were seen descending tbe stone steps leading? from the jail, and as tliey passed between the crowd one could bear the h.Uf-smothered expres sions of those who thought they could de tect evidence of guilt or Innocence in the fa ces of tbe prisoners. The court room presented a strange sight when bis Honor, Judge 1'aer, raped for or der. Tbe scaffolding erected by the paier hangers was still iu position, and away back in one corner workmen were engaged in put ting the finishing touches to the ceiling. Here and there between the boards of the scalfolding one could catch sight of the deep blue and bright gold colors that are to beau tify that musty old room. Men were stand ing np on all of the seats, which were entire ly too dirty to be occupied, while the open space outside of the bar, and the bar itself were, packed with a pushing, perspiring moh thicker than flies were ever collected on a molasses covered sheet of paper iu a country grocery. The overturning oia board by some curious fellow intent ou crawling bis way t the highest point ef observation, where lie could see all that was to be seen and bear ail that was to be heard, as well as to inhale the foul fumes emitted by the mass below, let down a great cloud of sand and dust thai lent additional discomfort to the scene. Men were standingin tbe window recesses anil on chairs, and so closely fucked was the crowd in the room that it was next thing to im iwjssible to get out whui once in. On the bench sat Judges Baer and Pile, on ordinary kitcheu chairs, that had a decided ly uncomfortable appearance. His Honor had occasion dnring the hearing to rebuke the audience for audibly smiling at the evi dence of a witness, and to remind tiiem tli:U the Court was engaged in an extremely sol emn duty. Pack of the Judges, and between them and the wall stood a row of half-a-doz en venerable tanners, with lies' Is liielmeil forward, bound that nothing should escape their ears or observation jf they could pie- vent it. At the Commonwealth's table sat District Attorney Bieaecker, V. J. Kooser, Esq., and the principal witnesses for the State. The table for tbe defense attracted the eyes of all present. Around it were seated attor- neya CotTroth, Ruppel, Kooutx. Scott, Hoi bert : Joe and David Nicely, and Collins Hamilton. Rea.lers of this journal who were present had no trouble in picking out the prisoners, as tliey could be readily recognized from the photographs as published in our issue ..f March 13tb. The Nicely boys were dressed in new garments, fresh IIr.cn, and with their faces cleanly shaTt-n and bair closely croptxd presented a very genteel appearance. A smile played constantly around the corners of Joe Nicely's mouth, and his eyes sparkled brightly while the evidence against him was being heard ; nor did he exhibit any concern when Miss Steam identiued him positively as the " little man " who drew a revolver on Herman I'mberger and demanded his mon ey or his life. David Nicely's pale and hollow cheeks allowed no change of color throughout the entire proceedings, ami tlie only manifesta tion of life he exhibited was the regularity with which he stroked his thin, straggling mustache. Once, when Miss Stcarn was ex plaining to tbe totirt the manner in which tlie " red faced man " had his face partially concealed beneath the folds of a handkerchief, he glanced quickly around at her, only to re sume his listless position without changing a muscle of his face. Little sttention was paid to " Coll " Ham ilton, whose discharge was ordered early in the proceedings, as he tilted bock on his chair ami kept a ball of tobacco moving around in his mouth, apparently congratu lating himself on the curious circumstances that securtd his presence ill the county jail and caused his liberation Uierefniiu. Immediately in tlie rear of (ieneral Cof frotli, who conducted the cross examination, sat the aged father of " Joe " and" Dave " Nicely. His honest countenance and earn est expression as he whispered now and then to the counsel for Lis boys, asked for the sympathies of the spectators. TUB COMUuSH E.lLTU'Sl CASE. Tlie first witness called was Hummer Canf fiel, an intelligent young school teacher. Af ter being affirmed, be said : ' I live in Jen ner tow nship, this county ; on the evening of February 27lh I was at the bouse of Mr. Peter Bowman ; we heard bells ringing, and supi-osiug there was a fire, started in the di rection of tlie sound of the bells : ca.'lie to Mr. I'mberger's bouse and found Mr. Pinls-r-ger had been killed ; found him lying there dead ; we made investigation lor tracks same evening; we stayed there till twelve o'clock ; next morning I came back and we made further investigation for tracks ; when we came to the top of the hill above I'mber ger's we found tracks in the snow of two persons, going in the direction of the house." The witness then proceeded at considera ble length to describe how he and other par ties followed the tracks to and from I'mber ger's house, to the stone bridge, or burnt cabin, a short distance east of tlie toll gate, where the notorious 'Coil" Hamilton makes his home when not "doing time." He nar rated how they followed the tracks, tbe size of the same etc, ia almost precisely the same language used by him when on the stand in the hearing of the case against Hamilton, several weeks before, and publish ed in full in the Hebald of March 'Juth. General Coffroth subjected tbe witness to a very rigid cross-examination, but failed to lessen tlie weight of his testimony in the slightest degree, as be stuck firmly to bis story as first told. DAXsUrXG TESTIS05T. As Mr. Caudiel retired from the witness stand. District Attorney Bieaecker called Lou. W. Yaneer, and a bright looking, neat ly dressed young man edged his way through the dense crowd and stood with oplifu-d hand before the clerk to be sworn. He took the elevated seat provided for witnesses and in a dear and distinct tone of voice testified substantially as follows: I iive iu Ligonier, Westmoreland county, and am acquainted witb tbe people of tliat neighborhood ; have lived there Pi years ; have known iho ib f. n. !-.! C or S yea'; live fn.m three n! a hall to four tnih-s from whene they rh ; Dave Nii-wly, when ia the hotel biisiuesM in Uir,.tiier, lived aifut one iquarc from tr.e ; he was in the hotel bo'iness with his brotber abrt!t a year, I il.ink; I have seen them both pretl y often since tlten ; I siiiv them on what is called "ind I'lat " on tiie Laurel II II mountain, oil the pike, loiutlii: eas-, en February Ttb. I r.mHLV lussrif r tsu as tub xk.v. Tliey were walking very fa ; Dave wa nearest me wlien they passed ; I was IM yaida from them; my failier was with me; we were enroled in cutting logs; this was between 4:30 and 5 o'clock in the evening of February 2Tlh ; when Ihey passed me they were six and a half miles from tfieir homes, and from between one and a half and two miles from the county line. I can't be positive about their clothes; Dave wore a cap and Joe a derby hat, or " gondola, ss It ia son-eiitues called ; thecap was of a brown color. Here a cap which bad been found in David Nicely's boose at the time of his arrest by Constable Ranch was handed the witness That is the cap be bad on. Witness poinlsout David Nicely as the man who wore tlie cap. Often saw biru wear tbe rap before ; did not see him after the murder till tlie day he was arrested and brought to Ligonier ; before that I don'i think i hail sera l ini since last fall ; thatday when I saw them they were on the pike aud Either and I were belnw llie pike; it was very steep ; we looked up toward them and got a very good view of them ; father and I siokeof them as tbev Itassedby. IHW U1MHIHIV MB. 'OfrBOTH. "H was a mile east of the toll -gate, from one-half to three fourths of a miic from the stone bridge where we saw them ; we were in the woods and saw them go along the road ; I know it is his cap ; 1 have seen it often : there was no n.ark on it that I saw that day ; I was over at Jeiinertown ; saw Joe Ream; did not give Mrs. I'mberger and the girls description of the Ni.ly boys and say they were the men; I don't know thai i am to set any reward or lhat my father is to get any , have not been offered l') to testi fy in ibis case ; no one ever oif. n d roe a cent to come and testify ; tiie first person I told this to was Mr. K.iosrr. the dar of the sale at t'mbcrcer's : it was between t:.! and .' o'clock when I saw tliem." SltS KLLA STF.1KV. Aficr a few more questions were asked the witness was dismissed aud Miss Ella Stearn was called. A low murmur ran through the vast audience and every neck was craned id pet a glimpse of the witness upon whose ev idence so much was known to dejend. $Uu was young, brglit, intelligent; bad been an eye-witness of the terrible tra-edy : had conversed with llie "Red-faced Man" at some length on the evening of the murder, and had beard the pratile of the "Little Man" as he told the story of the robbery of tiie peddler, the search-warrant, etc.; were the prisoners at flic bar tbe men who had come to her employers house that fatal Feb ruary night, and, if so, would she be able to identify them, and how ? Tlie witness affirmed and took the stand. Iter manner waa collected and she answered all questions asked in an intelligent way and in a clear and distinct tone of voice. THE WITNfcSES STOBY. I was living with Herman I'mlicrgvr, two miles llie other side of Jennertown, on Feb ruary 27th last ; wus at home on the evening of February ih ; two leilovis cumearrw tiie porch and nipped at the door : I let them in und tliey were seated by the coal stove. The Hkualii's draft of the I'mlierjrer resi dence was here shown the witness by Mr. Kooser. She said it was a correct draft and used it to show tlie different positions occu pied by the members of the family, the stran gers, the position of furniture, etc. When tliey i-ame in I was silting at the table close to the parlor duor between the parlor d.xr and tne table ; Mrs. I'mberger was sitting in front cf the table alongside of me ; we gave the two men chain in front of the coal stove and tliey sat down there with their backs toward rue ; one was a taller man than the other, and one man wore a Iierl.y hat a brown bal and dark clothes, aud bad two liand.kenrhitfs tied across his chin and hail brown overalls on with yellow stripes, and au overcoat ; the tall man bad leather boots on and the little man bad gum boots on and had bis pants in his b.o.', and hadabiriwn Ierly baton, and he done the most talking : the. little man kept his hat on and the tall one took his off. I o.f ned the door and let them in : Ihey came in and said, "flood evening. Mr. I'm btraer"; the iitlie fellow said that, an ) then Mr. I'mberger told us to s:ir up the ike and -ive them chairs at the stove ; llien Mr. Ciiibc.rger says. " You arc strangers." and the little man said : " We are from Id. ford ; wean- constables, and have a warrant for jewelry that has been taken Itetween here ar.d J. mier. and we are bunting it i p. and we will search every house from Jenner to Johnstown, unless we tind the jewelry " : he said ttat liny had searched Frank lleip'.e's and Mr. Friediine's houses, and tliey would have to search his house, loo ; it was their business, and they bad U do it. the Hoise scut, iir.n. 3-1 Mr. V nibcrper said it'lhey bad toseareh of course they could search, but be said tliey couldn't find anything there; it was the lit tle man that done the talking ; so Mr. Fni-ber-er told me to get a Ii(;lit and I went in the kitchen and got a light and they went into tlie parlor and into the lie.l-r.sim to s-earch ; the little man and Mr. I'mberger and Mrs. I'mberger, I believe, went in there, and me and the big. tall man was nit in the dining-room ; the little man said the tall man had his fore hurt ; when they went in to the room I asked the hitman how he happened to get hurt, and he said tliat com ing dowu from Jenner the horse scared and the buggy upset and he hurt himself, but be didn't know right how it happened- he was hurt too bad. While they were in s. arching the little man. Mrs. I'mberjrer. Mr. I'mberger. and tiie little girl the tall man says; "There's a good bit of fun in searching houses ; so many people refuse the back room." and lie la-ighed, and changed hischa:r after the lit'.le man went in to search, where be could ee; he moved close bi the front d..or where he could see the bed-roum and the parlor ; I was about as far as from here to Mr. Kooser (about eight feet) from the tall man then: there was a lamp lit and stand. rig on the table si.d lie was facing me; there was a red handkerchief drawn up this way (showing) and one came down over Ins head, tied here (pointing under tbe chin) ; tliey wire both red. stow, yoi b JtoNrroR voi r life. Tlie little man went into the bed-room to search, and he said be didn't find anything at first, and became out agai:i r To-n he said lie hail forgotten to look under tbe bed. a.'i.i ll.ey went in to s'e under ibe be.1, tbe little man and Mr. I'lnlnrger werl: in and the lit'.le girl was along, and she ea.ii! out and says to Mrs. Fniberxcr. "Crandpap wants yo'i to come in," and she wtnt In then, and after she went in the tall man walked in, too ; that was the second time tliey searched : the lall man walked into the hl-pim the time ol iii'i second search ; he had'i't been in'brfjre: he waa sitting talking witb me; wMli they wen; in there fee wanted them to pull out the middle drawer, I think ; 1 didn't see liiat. I-i a coi'ple of minute they canteout ; the tall man and tbe little m in cante out first ; thi t k il y came nut prW'y cb Km 'ber : I hardly know which one came oul first, but' IMr. Umlierger was intiiere and be came out too. and then the little man walked back to him and says, ' Now, your money oryonr life," and be drawed the revolver np toward him, and then I ran out, an 1 as soon as I wasoul on tiie porch I heard the shot ; I was on tlie porch when the first sh.it was fired; I ran over to Adam Friediine's and came back in about liaii an hour, and when I came hack I torn. J Mr. Cmbetger lying on the floor dead and the lar'.ics g .ne. Till IS TUE TALL HI): THIS THE SHOBT OME. lied handkerchiefs with white spots band ed the witness We were not talking long only a few words only the few words I told you; it did not take long to talk lhat ; but this is the huidkerchiei all tbe same that be had tied around his task; I have suen those men sjitm that weening. (. Where did y'Mi see them T A. I sow them last tbe day up at Raucb's; they ant in tlus house to-day. i. Where are tley? A. Here they sit. Pointing to tbe two Nicely' who sat close Ui I.er.J This, (pen m ing to Dave Nicely l is the tall man. and this, 'pointing to J.ie) ia tbe short one; the little man kept his hat ou while tliey were in the bouse; I lie re was a piece torn out of the rim ; I think I could identify that bat. (bat sliowii that's tbe bat ; the pice is wit of the nm that I spoke of; that was on thy back of bis bead; the large man's nose was not covered by the handkerchief ; I saw bis eyes and part of his face where there as no handkerchief; he bad an overcoat on and overalls; Icoaldn'l recognize the overcoat ; it was a dark coat ; he bad brown stri;wd overalls and leather boots; I can't tell what kind at overalls or pants tbe little man bad; his pants were dark ; I don't know whether they were stri ped or nor ; he bad dark clothes on. Over ails auowo and rscognized by the witness Cross-examination by Mr. CotTroth: Tbe witness was here hundrd over to the other side, and was cross-examined at great length by Cen. Coffrotli. In response to the ques tions she said : I am iu years old, and have lived in that nrighborb.xid a couple of years ; I was rais ed near Sipesville ; it was the 27lh of Febru ary, about 9 o'clock iu tbe evening, that tbe men came there ; it was gelling dark ; I had lit the lamp just before they came iu; I didn't look at the time piece just exactly when tliey came, but I had looked at it just before ; I was oul in the kitchen, washing the dishes, and I came ill, and it was seven o'clock at that time ; I had not the lamp lit when I washed the dishes ; I came in and sat there a minute or so, and then lit the lump ; llie lamp was hardly lit five minutes when these men came; I didn't hear them till they were coming over the porch ; the small man had a mask, or whatever you may call it. over bis face ; it was a gray beard ; the mustache was gray ; I conldn't tell so much about the beard, but the hair at the l ack of the h-a.l was all tangled and mus?ieil nj. ; I never saw a beard that looked like that ; it came almost over his whole fa-e ; it was kind of grayish ; it wasn't clear white, it was gray. There was nothing over the little man's nose or eyes ; he had gray hair ; I seen his eyes and forehead; if that man's beard was natural, then I never saw him afterward ; his hair was gray and curly ; I never saw anybody else with curly hair like that; I think 1 never saw anybody with curly gray hair ; it was more tuiuled up and more cur ly than that man s hair referring to a man in the audience to whose hair her attention had Ixen directed for the purpose of compar ison.) I could recognize the little man by his voice; 1 heard his voice at 'Squire Ranch's; he talked to me there tint day some, asked me a few questions. The suit of clothes the large man has on now is not the suit he had on that night : there is no mark on that handkerchief hy which I can tell it, nothing more than the dots ; 1 can tell it by the way it was dotted ; 1 have seen haridKerchii ts like this before ; there are others like it : I think that is the handkerchief that was on his face because they pulled it out of his pocket that day tip at 'Si'iire Rauch's ; I am sure that is the one : I saw it pulled out of his pocket at Ranch's; I didn't have the handkerchief in my possession since that time. 1 couldn't see the t ill man's mustache nor very much of his hair ; I could see some of it; he bad .lark hairstickingout back here (pointing to tiie back of her bead) ; I could not see his hair in front, because he had the handkerchief tied across; the handkerc'.ief did not come oif; he bad two handkerchiefs on his bead ; I think the other one was like this, but I can't tell exactly ; I never saw the other handkerchief since ; the otlier bad s;sils about the same ; I could tell this hand kerchief hy the way it was rolled np ; the Nii-elys were arrested a week or so after the killing ; nobody bad been to our house and toid me who did it ; (.'barley Vaneer and his son were there one day ; they didn't tell roe I should say it was Dave aud Joe Nicely that did this ; nobody told me at Ranch's to say they were the parties ; I knew their voices because tliey were the same at Raucb's that they were at I'mberger's that night. SHOWS HOW IT WAS DOME. At this point the handkerchief that was ta ken from David Nicely's pocket at the hear ing at 'Squire Ranch's was passed to the witness ami uno'.her was handed her by a gailant young bachelor member of the bar, and she was requested to show precisely how they had been tied about the tall man's head, tiuvid Nicely was sitting immediately in front of the witness who, when the request was made reached over and, in a perfectly unconcerned in inner was proceeding to tie the handkerchief over his bead when she was interrupted by Mr. CotTroth, who ob jected to her using the defendant for the pur pose of her illustration. Tbe Court suggested that she tie the hand kerchiefs on her own head. In the most un einliarnissed manner imarrinable the young lady removid ber hat and proceeded to fold the hamikerciiiels about the breadth of a band. She then placed one of them over her mouth, with the uppe,- end touching her nose, and tied the corners at the bick of her head. The other one she placed on the crown of her bead and lied the ends under her chin. When sie had accomplished this her fj.-e was pretty e'Tectually concealed, with the exception of the njiper portion of her nose, her eyes and the lower part of ber forehead ; then, turning toward the attorney who was conducting the cross-examination, she said: "This is the way the tall man wore the handkerchiefs the night of the murder." POSITIVE Til KY ARE Tlu'lIX. In answer to further questions, the wit ness s:' id ; 1 recognize the tall man by his voice and by his tallness ; he talked witb the handkerchief over bis mouth ; be talk ed to me at Ranch's ; be didn't have the handkerchief over bis mouth there ; I rec ognize them by their voi.-es. by the way they were dressed, and iheir size ; I can't tell bow much taller one was than the other, hut one was taller than the oilier: when I got hack from Friediine's that night, there were not very many people there, but a good many came afterward ; I did not tell p.-opie lhat I could not recognize tiiem if I saw them aaiu; I said if I would see the fellows, I thought I wo i'd know them ; I wasn't sure I would know them at tliat time. Miss Steam went fro.H the witness stand leaving the impression upon the minds of ail who heanl her testimony thst she had toid a truthful story. She was an excep tionally piod witness, clear in ber state ments, and self noes--e. I and unembarrass ed in her manner. Her ph'ilogniph, which appeared iu the IIckild some weeks since, was a striking likeness, slightly Mattering. As tiie young lady uot Iter seat, the Dis trict Attornev announced tliat the Cunimon-1 wealth would rest. This announcement mused Judge Baer, who was writing at the time, to look up iu surprise. Sa.d his Honor: "Is the Com monwealth prepared to rest its rase at this stage? There is no evidene before the Court to show where that bat, rap, handker chief and overalls came from. I guess you lia.1 better go a iitlie further, Mr. District Attorney." Mr. Kooser argaed that the Common wealth bad already si sown anTl.-ient cause for the detention of the prisoner!. Her examination was brief and ber story was as follows: I was at home in Jenner township on tbe niitht of February 27tli last. In tbe evening two men came info the house ; 1 saw one of the men have a pistol ; I saw him bold it toward I'mberger and demand bis lite or money ; I heard four allots and I then ran out into tbe kitchen and rang the bell ; I heard one more shot and Cmbergvr fell bark into the kitchen dead ; I saw tlie man shoia; saw tbe flash and beard the crack of tbe pis tol ; heard one shot after i was in tbe kitch en ; he tumbled into the kit chew ami was dead; be fell by my side; Mr. Cmberger waa my bashemL He had his two pocket books; I saw him tae them from the bureau ,l.-ur an I j ut I belli into I. is vwt pocket . a I. so he. I'ril ! Into the kitchen they were -one . th hell rope was iu tbe kitclien jut als.ve ti.e si. ve ; the men were not in Ibe kitchen ; tiie !nt man did the shooting: when M.-. I' n: rvric-r f.-ll by my side 1 spok? to bun. thinking may tsr be Wds rn .t dead . ii m tie i. n.w .-r . be was !e.id : 1 tlten nn irtio .lie pumi and tbe men were gone. Ibe pocket books uere not on his ter.Mi when be frl! out int., ibe kitcheu ; 1 saw hi body alterwanl-. I d.dii t examine the wotiuib ; was .o n.ui h ncred; I couldn't look at tbeiu: he fell directly al ter tlie last shot, right beside lue, and was dead. John O. Raucb, was then called. comstaSLB bacch Takes tn rtt. John O. Ranch, the shrewd and active young constable who arrested the pr,ti- and to whose untiring erfvirts due ti.e eredil for ferriting out the strong cl a-iiof testimony that has been woven against them, came forward and was avjrn. He testified as follows: I am Constable of Jnner Borough ; Davi-l and Joseph Nicely live "about three mi and a-balf or four miles south of Ligonier, on the road leading to Botlsville. in West moreland County, this State, I srre-ie. them ; Hammer CaufQel. Ruins hatf. r. and Martin O'Connor were with rue; at ibe time of the arrest of these parties we made a search, but not a very thorough search, for we hadn't time. We found the red handkerchief, exhibited in Court here to-day, on the person if Ihivci Nicely, in my Cither's orflce; thai handker chief has been in my posession ever sin.- ; 1 found the handkerchief in ti.e 'Squire's office after tney were committed to jail: I reached in Dave's right hip-pocket and puil ed out the handkerchief, and Miss Steam says: '"There's the handkerchief ;" ti.e handkerchief was folded up; I hare ii with me. (The witaess her produces the hand kerchief, being the same one shown to M isa Steam when on the stand.) Tbe handkerchief when I found it bad dinges in the corner, showing it ha.1 been tied. ( Brown IVrby hat shown, i I know this bat; I toiiti.l it in J.isvph Nicely's house on Monday. March 4th, the day l was ar rested ; it has bee, in my ssioii ever since ; I had it locked up in my father's of fice: I recognize it by that break in tlie rim. After a brief cross-examination of tbe con stable by (ienenut Co (troth he was dismis-l from the witness stand, and the District At torney again announced lhat the Common wealth would rest. Speaking to the State's Attorneys the Court said : "To what extent is this adti issioii as To the homicide to be taken'' There is no ad mission that the homicide was committed by the men who were in that house, thai night. , The Commonwealth had tietter make out its case." Mr. Kooser. "We have a witness here, may it please the Court, who saw tbe mur der committed, but I bad hoped to spare her the trying ordeal of going on the stand to-day. We believe the Commonwealth has made out her case but we will now call HO. OHIKKOKB. As Mr. Kooser pronounced her name the widow of the murdered man slowly aro-e from ber seat and made ber war to tlie wit ness stand, wbee, standing within a few feet of the two men whom she believed had foully murdered ber aged husband and rob bed him and ber of the savings of a Io;i life of hardship, toil and trouble, she ki-sl the sacred book and solemnly accorded a tow to tell the truth, the whole truth ar.d nothing but the truth, in aswer to sin li questions as should be asked her. After Mrs. I'mberger left the stand Con stable Raucll was called aud testilicd to the fact that an inquest of which he was one of the jury iiad been held, and as to tlie nature and character of the wound found upon the person of the murdered man. Tbe defense bad no questions to aak, and the commonwealth attorney's announced their case closed. BEMASDEII TO JUL On a writ of hiihetu cnrjmi, tbe proceedings being entirely a yutt, tbe defense could of. fer no testimony. " What does the Commonwealth ask ?" queried Judge Baer, as the last witness Ieft the stand. District Attorney Biesecxer re sponded. "We ask that the defeii.lants be re. nan. led for trial." " What has counsel for defendants to say why tbe prisoners should not be reman. I edr' asked the Judge. This last question brought Ceil. Koontz to bis feet, who argued first, thai tlie evident e adduced was not suiTicient to warrant the Court in holding the prisoners. Second, tliat if held they were entitbsl to th constitu tional right id release on bail. Mr. K.suiiz cited several authorities to sustain bis posi tion. Hen. CofTrotb followed his colleague, tak ing much the same ptisition, and insisted strenuously that the prisoners should at least be re I ease. I on bail. Ho said ti.at there was no fear of the prisoners attempting to escape ; that if tbe prison d.Nirs were thrown on tliey would not leave unless by permission of the Court. He claimed that for weeks past the press of the county had been trying to impress upon the minds of men thai these were the guilty artics, aud that tbe excitement and feeling had biased tbe minds of witness's. He concluded by insisting thai if the Court could not see its way clear to discharge liiei prisoners, they at least should le released on bail which they were ready and willing to famish to the amount of $.'o,''ii, if n.-t -s-sary. Mr. Kooser and the District Attorney both argued that the prisoners would have to be remanded without bail, and cited authorities) to sustain their jMisitinri. At the conclusion of the argument Judge Baer said : "If this evidence constitutes murder then it constitutes murder of tbe first degree. I'mler the evidenre. as submitted, we coiiM not release these men, and we will have to remand them." Tbe Judge then endorsed tbe writ remand ing the prisoners to tbe custody of tbe Sl.er- nr. "Hsu rso a cot vty mii.." During tbe four hours and more, that was taken up in the hearing. "Coil" Ifamiion the "suspect," who bad been given a Inur ing some weeks since, at which time he wuj remanded to jail for a further bearing, lolled in a chair at tbe table occupied by tbe de fendants and their i-otinsel. apparently wholly uninterested in what was going on. When Judge Baer asked, "what ha tbf Commonwealth to say in the case vs. Ham ilton? Is there any reason why he should not be discharged:" Ibe "suspe ts ' demeanor instantly underwent a change and he was alt attention. i"in the District Attorney staring that tbe Commonwealth had nothing further to offer against be prisoner, the Court or.iere.1 his discharge forthwith. When the Court onlerwl his discharge Hamilton arose from his chair, and shook himself, after the manner of a .log coming out of water, tipped a wink to several ac quaintances in tiie audience, took a frs.!i chew of tobacco and sauntered out of the Court room, a free man. Headquarters For Prime Western Clever Seel. " " " Timothy Seed. For best Mackerel Fish on tbe market. For lowest figures on Lake Fish. For Ear and Shelled Com. For Chop Bran and Mi.ldlimrs. For Wheat. Oats and PotaU.es. For Orangiss, .emons. and Pesnnts. For Molasses. Synii, and Sugars. F'or Ceffees, Teas, ainl Sjiiees. For Crackers, Cheese, and Bolognas. For Flour, Oim-sneal and Bacon. For Beans, Uat-nveal and Rice. For Canned Ijuodsand Dried Fniirs. For Butter. Lard and Dried Beef. For Sail, Lime and Oment. For Carbon Oil by the gallon and barrel. For Brooraa. Buckets and Tula. For everything in our line. For everybody at our store. RispeciJuH.v. Ccojr A LaaaiTs.
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