10 YEARS IN
THE PEN !
,s THE "SALTY" SENTENCE
IMPOSED BY THE COURT ON
THE LEADERS OF THE
" McCLELLANDTOWN
GANG."
r is
The Fayette County Bandit Gives a Tatt
of Somerset County Justice.
fio More Torturing of Defenceless
Old Men by Lowis. Taaker tnd
the Two Sullivan.
The Verdict and Sentence Giva
Universal Satisfaction.
t 10 oVlfnk Lewi Tasker, Jack Sul-
Man an.i Marshall Sullivan, the convict-
e l rif-i,UTR of the MoOHandtown jran?
. ... (.....rl.t into court, and A. C. Ho!-
. 1 .v. . ... one in ilieO'Uri IIuue iiiim? t!ir Ta-t ai-
bt i.ntut-J the motion fur a new truil ; .... . .
. 1 . 1 ,.! dier.ee, thai IM no! riiic over tluMr ti!jv--,,f
tiii h he hail triveti notice iMSt n:ght- ; ' '
01 . , Hon, aini feel to thank .iJ tl.al we had ii
j!e wiJ that ome to the short net- ,r t!w ,,ai)i,,inlwlt f)f ilr,. a,.d c,n,
t!.e time . the prwune-nJ had ' j ,nd w to enfor. them. KueU wre the
f,.nvi, te.l, he as Dot preparv.i to anrie 1 v!tis ,,.,;;,, ,.i.umMltIK 0f tin-.hi-
.jneMtiou tt lenli. The reasons Bii- r,,!,!..., ,i,,t,ivin- the l-ruta! tre;ument of a
v-i.-e l in Kiipport of the motion were: j venerahie eitixen, thateould a v.e oT thanks
K:rit. The refusal of the Court to jermit J been talieu to ixurt. ofiitvrs, jury, and the
inuam-e of the case, in order tiiat
s
li'C
n.ljnce of Xettie Sullivan as a !
illicit le obtained.
! f n 1 ho rux. f.f Charles J ! is .
r. filial of the Court to grant a tern- j
1 1 ... : . . 1 ..... ,1 I
I"
tendance f Nettie Sullivan, in which
,a.e the defendant could have gone on
stand and explained his w hereatx uts
" " "e I
l-'!e. j over the curt-room. ;
The thir 1 and fourth reasons were W j As tltt tart ,a lf thf drama, rasher lr- !
f! on a'.!e.!)fed improper remarks made j (jy wa p.rforme.1, and thecurtain lell j
bv the iii-trt.-t Attorney in his argument . U.n ti e j.ekening detuiljufthe trial, by the j
to the jury yesterday, which, it wart al- 1 Sheriff leading the wreUhed criminal out, j
l-L-d were calculated to create prej idice ! th. re was an evident siu of n lief expnM
;n tne mind of the jurors. j e.1 by ali pnr.t.
To this the Court replied that thev did ; o" f !'? I' ere the ciN
ee how the remarks of the District ' ur,:'r !" mi're "awful in '-. !
Vornev omld have prejudil the case 1 l"-r 1:,;ie "f t:'-,f j
. P . , , ,, : Urjva.lo rliaraclef. a. wa rj'Me I hy the crow.l
-ainst the defendant, for the instruction , , , , ,1 , '
- ... , 1 that fornieil the lane Mpuizh which thiv 1
to the iurv wa verv explicit on their ... , . ,
' 11 ' - 1 marched n:!o the j til, one of the fe. iui say- 1
nit', I., irv tne rasr uu uie e I'icuie,
11.1t on anything else. As to the question
of i.r uring the attendance of Xettie
i.'.iva:i. the Court said the defendants
had not shown that anv return had leen j
made to the attachment granted by the 1
Court for that witness, or whether that i
attachment had been sent out at all ; j
that there was ample time for an oilicer j
to have gone mat uistani-e ami reiurueu. j
Tii' motion was then overruled.
Ti.e Court announced that the other i
.... i.-iv.inst Lew is. TasLer. and the ;
to Miiiivans, one for larceny, on iiif.r-1
iiut'. 'ii of Eha Raker, and one for assault j
r.n i I'.itterv with intent to kill, on infor
niatt 'ti f Christian Voder, would lie
i,.': ; over until tiie completion of the
t.t.n.-e which would lie !inpossl for the
i-urg'arv for which the del'en.iants h.'.'i
U-ett coiiucb-d. This was proper snd
tiei-essarv, the Court said, on aec-mnt
.f the great exjieiise which would
be et.ta.led on the county by
i-etaining so many w itnesses here lor
soloinr a time, and also liecaase their
a-s.i!iie douid whether the ind'n-t-nw-iits
could !e sustaiue.1, as they would
probably be l.fld to be irt of the same
oUenw of w hieh the defendants have just
ls-n conviited. All wilnesss in the case
weretiieti discharged, and the I'istriil
Attorney moved for immediate sentence.
The defendants were then asked if they
had anything to say before sentence
was passed. Lewis rose t his feet and
sid tiiat himself and Taker had Is-i-n
f.r.vd to trial when they were not ready,
tn I that they had no chance to make a
defense ;:!.at ihe I'istrict AHoniey had
j r- j j ie-e l tin-ircase by improer det la
rmi -ns .na ie alsjiit the Simerset county
.it: .'it. a I. .pie against whom he had
10 will; he said the ab-
S.-L.1- of Netl.e
suliivan had prev"n,e'1 ,'
1 i-n-lfalid TasLer from going on the
un ! and op'.aining their whereabouts, j
lu her a. iice. it was useless for them
h. .(, tl the stand, and he hoped the j
curt would take all the circumstancea
into consideration. Lewis' brief address,
althoivh at times somewhat incoherent,
taion .n Miintion with hiscoursein
U.eliul and while in prison, showed
l.itL to be mssssel of somewhat various
sttainnn tits, able to make a speech, a mi
ni;! a herniary or have a would be csp
tir skip graivfully over s lencew ith his
4 hands up."
I'ei-atcr Tasker rose next, but content
! himself with simply saying that they j
Lad Hot had a fair triaL j
Jackson P. Sullivan, then rose to his I
fe-t and said he was innocent although J
coins-ted ; the wonderful and marvellous
statement made bv the witnesses in !
swearing to his identitr were either grows i P""n ,"",'"'"H! ,' , , . . . 1 ' i me re-
-. , , - ,. . , ... i . arms fohie.! acniss bis bn-ast, and Ixsh fts-t f read abou. Ihe i-a-e ; formed r.o opinion ; ; rvirts in Hehalo ; have formed an opin-iiii.-.aes
or malicious falsehoods. Hesanl ; ' 1 , . , : ; ... 1
i.-i . ,i- i . t .i i ; alwavs on tne ti sir. and never ihn.ws ..ne was ht toe Iieartng; have no cr.s ten- lon cupl render a verdict 1:1 acitorlaine
ne knew nothing whatever of the rob- . , . . . - -. i - i i , . ,
t-rr or the pIs.
A. (.'. Ho!trt mad a plea fur Mandiall
u!.ivan. uryinj auionu other thir.jr that
he a a poor, hard working man. and
ti;at apart of the testimony in regard to
tue identity ha.IWn wrocifly stateI to
tiie jjry by Mr. Koowr in In argument.
Tsik.iv a ! the cirv-umtances intoeAntd
em-i-irihe id tht l.a fal, i,,tifi..J in
a-k'-Rsrhat tiieciMm he knient m x-nten- I
t
iiHir ttte prinerH. t
l :s.n. t Attorney Liesmker Martcsl to j
V- on the Court the propriety of a j
s- vere sent, nv, but the Court declined to j
l-ar;,ii,i in tiie matter, a cin-nti.stane
t. ;-.: iigtir.il anything but good for the
l'o-;ists of tiie piis.iners. J
T:,e prisoners were th.-n ordered to j
s-'a.cl up f r sentence. Judge Iho-r Is fore j
pa ;:.g sentence' co.timented on the
tu, -!"y and inhuiiiariity that had char
a hned the cimiiiisisi.jn of the crime
"J "n the fai-t that the charge for the
a'.ViLpted taking of life had U:i held
over, lletlien sentenceil each one of the
four prisoners to pay a fine of f KM), the
cos's of prosecution, and to undergo iiu
p' sonment at separate and solitary con
tw inent, at lals.r, in tlie Western Peni
tet:i.ry for a -riisl of 10 years.
Tiie sentence was for the full extent of
b,w nd was received iu breathless, silence
'y the audience and without the change
of a muscle by the prisoners.
The prisoners were reman. lei to the
rut. -Iy of the Sheriff, and the court re
scrned the work of selecting a jury in
tiie I mberger murder case.
No incident in our court's proceedings for
rt my years, if erer. excited the same degree
A ni.erest among the ruemtiers of trie bar
'.i taullitu.le of sjieciators a. the final
"pier in ttie taruous mbbery case. When
tt.e four eunvi, ii fellons. Charles J. Lewis.
!-TC..ir Ta-ker. J. ks.i Pjrttr Sullivan and
-hS Suliivan were brtrnght into court,
.r tue fi-st rustle ami commotion rinsed
bv erT'J.,Jr tryiiif to jret a better jnoitiou
t iHr.tW otwerving. a breathless and
fc-rw, pan fjl silence prevailed.
A-Uie four unfortunate cjnvieu mat with
l: if ks ' i' railing and Iheir laces to
ari ti,e ju.lVs s:a:ei. a Riarkeil change was
Yuobwrrvaiile ia their deioeanor and ap
lroot. Instead of a defiant at'atntte and
a k.ud .-( h-.titiii-out-f-i .ssieie.im.e -a
tuey all w.rfr s s-3?..l::e.l ej-r'-.;t.-i. nod ir-
rtr-iit;y ruuir i l.ie g'sv.iy of their &1111A- :
ti'Mi in view of th peisiinc jal a:: J ri.u.t-
eous rrtriUu:iKi of tLe. 3a that tT !j1 1
U-en finil.fi gilhly ,.f so fj-.-;i.Ilsh:y vv.'.atir .
Hopeless. Lcij'-, wretched, as all four Kit !
th.y were in the icv ;.f ihe s'imie-sirri- ,
tors and cxt-cutors of the itTcii led .aw, them
n nu pi-liiatit.g wjw tor tie- h. inucs
crime they had comruitiel to wt.irii ih. y
cull look. Condemned ai t? hy tue law
and their riw-n cms. iences, they were the
pictures of di-jiair. No w m.E r It at iiea
akcJ if they had anything tj sy why scot
ence&bo'ild no! Ic passed upon them, tiny
hesitated tu respond at firt At Io."t Charlts
J Lewis, the chieftain of the Ji.ion.trf band,
who had assumed such a daring arid don't
care a -rent kind of expression during the
whole of rue trial, .lowly an J nervously
anese, and meekly and piie.-ais.ly said they
lia.1 net Uvn ainUl a lair ani impirtiJ
trU': ttiat t!wr wtn'e N-.ninnini:y ii prju
il'urd aaintt llieiii : anl t!. win !S.w ui
theruurt hail ilnir i!i ir ran an injury l'.r
what tht-r lial fcai.l net tince t!i?ir arn--:. j
He tu tilUiWfl by I-iaiur Ti-Urr. li- '
waini'rinjrly pvp uuerjiM.v to a f- wurJ j
of airnifar iiuMrt. 4n!y of t iv ?ui.i- j
Tana, Jackson P.trter, ttwr du.i 01" 1:1 :!, j
a one of tlie Ciim.tn-paUh soitun-"! ciiir- i
, a.-:tijttJ hiiu. in an itiiu !ttii toueof vitU-v j
j uiu rl a k-w wor,I.
i miil.:i:up wiib tlie a. P: jra'.V ,
1 J'tion ut .! iui,.T...t. I'.ere not j
intrej.i.i Ky'e and h;s arrMin &rx, it
wuiiid have btvn aii(ilei wiiii a tl.m.diTinc
reirt?e that would Lave thuken the u!d j
Court II. .um: Innu tun !o 1-.I1.KI1. i
J"'1 I'-a ' prv-eedi-j to irform t!,e j
tleiiin dutv of panii; set.tence up liiem. i
i the vat audience was Milled into almost ,
! hreathief silence; and afer each eulrrit. I
i in answer to r.ante. ari an.i heani the
i sentence and renme.l his s-at, there wa an i
tI!)r,ia of wih.ictU.u to be it..eed .11
i ing. "Oet out of lae way, you o a otia ot
b you. j
The lirand Jury only examined thi-e wit
neMT when tiiev reiurfieil a true bid anTiiii.st
the Nii.eivs.
Messrs. Wiliiam P. Huston ami Ttieodore 1
Kiuoiiel nave lt-eit apjsiin'el as adliiioiial
,ijlktavt, for lhe presem terra f urt.
Prank iiaer. on trial at Oreenslmrp. cl.arg-
e.1 with bavin fire.1 Cnatuuers m il at lj -
tr"l- was found gui.ty
trotie. was found guilty.
Mr. 'buries M, M.iirii. of Llstoiibii'.
tbi
eomov, is sii'ii.tii.' court wi-.-k 11.
his j
bpjiher. lepuiy S'.er.tr.Mill Mi M ian
Charles I'.. It ts-rt. John Ii.l-!. v m l Ha- '
s:l iiird. of Aichson. aod A. S. S-iiilswer. of
Cppcr Tark. vl srt, are .-;Mid.g tne week !
with A.J. H.:. man. J
Ir. IVlla-s. ii:io has achieved an
i !c n-putalion in tiie si ienliti-r world,
one of our weh-ome visitors lo-'ijv.
was
The
iKV!t,r- fr the mountahu of Snuerset
is as warm as ever.
j At the ojieninir of court Wednesday moni
I iti Mr. Harvey J. Berkley. of Summit town
j ship, was 'worn and admitted to the prac-
lii-e of the law in Ihe several courts of this
j county." Mr. lh-rkley passed a highly cred-
liable examination at the hands ol ti e rvgu
j lar examining coniniitice. conn..ssl of A. C.
) Holbert. It S. Kn.lsley. Val. Hay, II. L.
' Itaer and W. II. Knppel, Emi's. For the jwst
; several months Mr. Berkley had lws.n ptirsu-
irie his stiid.es in the orTl.-e of F. 1. Kimwr, I
Iip The Heualii joins with his many oth
er friend- in the county iu wishing the
young barrister the full measure of success
in his chosen profession.
Mr Cristian Y sler s se. a state 1 r y him
self in court, is 'si. He is an l.oiinra'iie and
.,,, ,;!, ,:,-1, n;
hair, wd.i. h is omle hite. is w orn aemrd-
,., rusrora i f bis chur.h : cut svnirr
t.!f about half way between his eyes and top
of his forthcal. worn long over his enrs. i
and on isi. k of his .head reachinK d ow n over
ion coal Collar. His bean! I bat r.'!s
alsmt half w ay down his bread is also white,
and ia only permitted to crow on low
er part of bis im- and mik. the up;er lip
and chin being kept c!ear.!y si. avid. His
drew is of the materia! and pattern allowed
by the niles and regulations of his church,
the material bcin home ntade i-lotb ; Lis
pints ar cut b.-jilfa'l inc-il of the usual
Iroiit-tlap style, and worn without any but-
tons, being kept up by a .band around the j
waist, thus dispensing with the iieivssity of
suspendi r. His coat is in the style of a I
blouse, and kept together by booLs and eyes. I
He is a benevolent, inoffensive, venerable- j
looking latriarch; oyin)r strict attention to j
all court prm-eilings bu never making a ;
"I'g'e suggestitm to bis omc.se! and only
lie sits w.tb bis
Tr
ur over me oiner as ne.is .-viiieri.ans no.
Good Common Sense Read Thl.
Wf It-am w?ro'tii::: irpw everj- tayt eih-r
hy tatliv,K. swiiij: or hmrin. XVr larn
mt by lieanTitf. Two tJ'i frend t:ii tlie
ntlier l.iy, ami iU:o is tii:r o;iT-rviti'ti
Ttt:r naiut-B are Mik: and IVk. Alter aiiak-
if 1 hanO. and talking a-mut the b-.nniftil j
vwnK w.her we are havit
f tui .-pr::i;.
Mr ' ,
' IW t:.f Hal , Mik1, i.ive TfU Iwjii.;!,!
. . . j
Mlk,wv, . .. , ,as in , ,.m.r5.t ;
wwk , slihf tw Wn v tU, h.... ,
,,., .;) OVer town, and then went ba. k to i
;.) P.:iabV p!a. at J. Ii. Sey.l. r s s:vi '
u,i!f;ht. Some of ihe oth.,- men-ban's ..;''. r- i
ed togiv rre- that is. throw tn a lot of Muff J
if I would buy a suit far iiOno. ,ni ,,,,-r, j
We' I, I found I could buy the same suit from j
! J. it. at Smi they ask fio.n, ior. Tint!
would be pacing iJOO for Mie thr xc in. and j
what they ti.row iu is at my es'ini.ite worth j atu not .n-latcl to either of the defend -In.ni
5o cent" to ii Will. M ke, I have 1 ams ; have no conscientious scruples
mail- it a rule lhat when a men hut I i-rl-o
to throw in a lot of stuff. I d.-n'i Isiy, l .r
this nisi,n : If a roereliant is .-llii.2 his
gissls at a ri-asmaile prjlit he can't throw
anything in. But I see how easy A is to
mark goods bhih enough so as to rover the
,1 and st;:! rS . nu ,e. ,l I Tl, .1 t .
mv exi-rier.ee exactly. F.sk. and thai is just U "ihvr ,f the rrts ; read account of
ex'aitly what Snyder told me. and I hsve j in Sor.ierset Herld ; almoin ruts
foui,d"out ri certainty that if you want a ! burgh paper. Accepted
goo-1 suit of dothes f r yourself or b -vs. or J A. J. Sterner Have heard about the
BiiTthtng iu the carpet line, Sny.l-r is the , case; expreswd an ojiipion ; .ion't think
place lo iret it I have no doubt Mike, sou !
of the other merchants in somerset would
gladly give in lew dollars' worth of ti.f!'if
thev could sell their old clotlnis that thy
have had on hand from fire to ten year.
Snyder says any suit he has on band over
two years he will sell for Lulf price. Then
for the other half lie will weil nie on half
dozen umlm-llaa, poekethooks c. I only
need suits for thirteen of my boys this spring
and I am going to J. B. Snyder s for them.
More Truth Than Poetry.
Grocer Vougl.t has come lo stay.
The nason why is just this way.
His traile increass j with each day.
Because bl cr.s!s are the best, ail say.
Wanted.
At my factory south of Somerset .Vj.is.'
f.Kjn.ls of wo.,1, f .rshioh I w ill pi y tire
highest ciaraet cash price.
JoHS H. KAXT5CE.
:!THENi
BOYS.
ON TRIAL FOR THEIR
UVES.
i
;
: THE
L!TTLE MAN" AND "RED
1
Pej a, fj Vi-'! LL ST A N D O R
TOGETHER
The District-Attorney
Tha Case.
Opens
1 The Twelve Good Men ana True
Who Will Weil and Truly Try the
Issue Joined and a True Deliv
erance Make According to
the Evidence.
the jury:
KPUItAIM I. MILLER.
Jii-IAM XEVMX.
JACHjUI. MAXit"S.
EPKH. F. WALKF.IL
Jul IX W. lilXK.
JOHN" II. IIITE.
w. vr. l'AVis.
I). J. VuI.FF.KUl'iER.
JEREMIAH HEN UY.
T. V. BLACK.
CW. VYr.IciI.K
A. J. SEMB I'A'ER.
1.
4.
.".
fi.
S.
10.
II.
1.'.
HERMAN" UMBEUGER
TliF. MVliUMRED MAX.
J.l.it a! five
McMii'en and
lo'k 0:1 Th'it-elsy SbtiiT
Irs deputies bnmght
and M.tvid Xieily. Their
Coifrntli, .Rnpei, an.i
them at the counsel
tliera a ronlial gre-t-np.
iy and tn"fii!ly dresscil.
t inl.i court Jio
counsel. M isr
K0011U met
j 'ab e and gave
'T i.y were neat
iave in a uars iiaitm-i auiii '.
; and low coila'. Jo? in black it ain tl citt
i away coat, high vest a::d hilj si,I:J.!ing r-ol-
lar : his hair was rhiselv rlij. ;.':. his b..ts
highly polishe.! and a large wat.il chain
omamcMe.I his ve-t.
ficne ih-----siop. then took p'.ice in reganl
to lac ninib-r of challenges to which the
defendants wre emit!-! in 'se they were
tried at ti.e same 'nn-f. Trie I'm-: sai I 111 it
ihey tsMikl on y liivc twen
psrempiory .
chailettjs. th-1 same n.im-r lt.it each
u i' 1 b-vit I ! J if the,- were tried se;.
I ra'ely. Cmnsi'! for defe-iss mm a f.rtnd
j motion for a severance which the Court
. grantid.
J AUllWl.XuTK
The District Attorney rea l the indictinei.i
'.. a -K
to J.isoph Nicely and .. its comflelion p,t j ,oWIU;h: . -vf nji
tlie ouct'ori in the u-ua! form " to this in- 1 . . , , . . . :
,. , , , ., 1 town J'lij'ine ; nave formed an opinion ,
1I1 -im-nt bow do vou plead, gmltT or not!. . , ,. , , .
" .1 il but could le gov.?rnel bv the testuuonv ; '
eiitltvT Th answer came promptly and " - ' t
distinct (e, ' Not guiltv." The indict mint " 1
was ,!,; r.-ad to Ihiv-id Nicely, who j l'"''u or prej'i.lii-e would not 'interfere
al p ea-I " Not gality." The lusiri.-t At- ith y rendering a verdict Chul
tornev then ilectisl to trv Iavid Nur.'y first; ! h-nv-e ! l,y defense.
j to this the defense objected, claiming that as i
j Joseph Nicely was nines! first be should he j
j tr.ed hrsr. ii,e t -mri invtiieu ir.a. tne ins- t
j tri Attorney had the riulit to elect whi..li 1
I " ''e ol 0' ft The h f. use t..St un j
j exception wl
1, w ,. o.-erruled. and a lcil j
1 seaiid. At si x o 1 1-s i. me court
.djoumed.
I
i .
C.-;rf r-.et at '
with li.e im: aim
' , . . ;
I Ti Tit !! Ii t VsJil: I
,.. , ,
.K of the jury iu tlie j
I ease against ivi.l Niceiy. Twelve jurors,
j Fran- is ti. H'-over. CyrM VA. 1 ile. Josiah
W. 1
M !'
-. Jim, Snyder. Phillip WVsrl. K. 1.
A. J. Sierner. iMer OnsleJ'i. Josiah
Newnian, Jitis.h K. Manues, J -iaii dohu !
.i'ld 'hrist. ivooniz, wen-itilleil. f these;
Messrs. JPniver. nyJer. Weise! and Kis.r.lx ;
were stood aside ; Messrs. Pile. S:erner. On-
stead and lioiio were excused and Mersrs. J to capital punishment. Ai-cepted. m.-r-;-fVoi- Accepted
Miller, Xewnwn and Mangts, were arcepted. Jacab R. I'eeter- Rea l and heard all . .uuua j Maust-Live in Elklick t iwn
Court adjonrncd. " : alwnt this case, f ,r;ned no opinion ; no ,,,ip . imve n.plcs in reganl to ca, ital
The m.lc-al.ons are that the motion f,r a I one talked tn me as a juryman about it ; ; pmii,ment Fxcuse.1
severance will he withdrawn this muni- ; i. ... , , !!, t ,..,ii d ,,-;', - , ... .......
inc and the '.-elv ired tow her scrupies ainmt capital puntsa- c w wtio!e-Live in (Jnemahoning
ing and tle .-i trust t,i).t.ner. ment tarn not ndate.1 to anv nf t he nar. : . . ,
i.UTiMl Tilt: .11 KV.
The wctk of (.electing the jury in the ! Frederick R. Shaffer Live in Aile-l'mliefgfrm;ir.!crcflseeommet:cedThurs-!
2!,pny township; am a fanner: heard
day evening and lasted up until aliout ! atsuit this imse ; formed no opinion ; am
., oVkx-k Friday aftern n. F.lty-seven jnotoptsised to capital punishmstit an !
jurors were called before the twelve ' aia not relate I t i the parties. Stood
were finally selected. j ade hy the Commonwealth.
i-ririp.eti i!m r . i tn i i, arc iitr '
iii.nis eiioi.ns Bean,. ,,,j.:..i.i 'uiii-ii- i
mem ; leave never i-eu B (.ioaciieo ey j
j any one o;i either side if the case ; am j
n
t related to either of the defendants, j
t"od aside. i
i
Cyrus W. I 'ile Live in Middlecrwk !
township ; read about the case; exprew- j
ed a'l
niori ; ci.tild not say that he I
could give a verdict on the evidence, j
Excused. !
Je-i.:h W. Pile If.'nd alsvut the cnc ; j
bale expre-vt-! an opinion; did not
know whether hr? cou.d render rn in.- '
partial verdict upon "th.j evidence. Ex-
C(i"ed.
Joivitban Snyder Have read alxmt
the case; expressed no parti. tilar opin
ion ; l ave r.ever been approached by
either side. StooJ aside.
ri.il ip Weisel Have not rtud about
tlie ca-H? ; have expn ssed
expressed no opinion ;
against capital puul-hinent Stool aside.
I'phraim I). Miller Have read about
the case; expres.-ed an opinion; could
render an impartial verdict ujsin the
evidence; have no conssrientious scniplea
i aiwinst curutal punishment: not related
I could eive. an impartial verdict on the
evidence. Excused.
Fcter (instead Have heani about the
case: expressed an opinion ; conid not
render a venliet accorjing to the vi
dence. Excuseii.
Josiah Xew man Read about thecafe ; !
in.c ii's r,,.-3srii soy opiui.iu ; couiil
render a verdict on the evidem-e ; not re
lated to the defendants ; no objection to
capital puuhdiiTient Accepted.
Jacob L. Marges Heard about the
cose; have exprvsoed an opinion; could
render a veniict on the evidence; no
scruples against cnpital panlshnient ; not
related to either of the prisoners; read
of the case in the S .tuerset H chalk.
A--,cpt,.sl.
Josiah tioha Ri-td abc-ot the case
excrestcd an oj-icion ; coold render a
verdict on the evidence; no scruples
against c.pltil punlshim r.t : o.-t riliteJ
to either of the pn.ri'.r:.- rwl tHVottrit
of csx; in the Sat!rwt Hkualii. Chal
lenged hy def. r-se ar.,! excused.
Christ K.vmlz Mead about the case ;
formed an opinion ; co ll i render a, ver
dict on the e viderj.v; m sr-raples ajrinst
cnpiul pun:Umcct ; pot rel:tte! tj eili.T
I ot the prl3r.71e.nj. usuif.
j tkii-vt ;i.!:'.'isii t.Bv-; i.v.
' Kre? F. VVa!k. r Have lienri of the
t cii,r-'': " jirncu:ar oj.iniou ;
nave uo Cfn-:i-.i.-.!ous s.rui.l. aguin-a
cspiiai pnni-snment ; 1 nave not Deen ap- ; he baa previously t:ert it migct nave
priiaelied by anyone in regard to t he case; j aotne weight ; not approached ab-jat the
read account of the caie in the f ouiernet i -ae. Eii-osed.
I;:k.vld; have not n-ai-Led any condo-1 AiUm 15. Siia.Ter Live near Jenner
ftion sa to guilt or innocence ; could try ; town ; not related to any of the parties ;
the case acx-orJitii to evidence. Accepted. read and heard about the case ; formed
John Martevny Head a pm1 deal of ; an opinion ; cou'.d eive a verdict on the
the cane ; made or expressed no particu- I evidem ; read cf the case in Soiner"t
lar opinion ; 1 could render an impartial I I1ek.vld and the Pittoburh paper.
ve!i:t. I am uo relation to anr of the Challenp d by defense,
parties and have no conwient iotis cro- Jbn ;. Doyer Live at Stonyereek ;
plesarainst capital puni.-Jiment ; parties j related totte Xlcely'a. Excused,
have talkeil to me about the cise;no: ilon llawn Live in Klkliik; not
pern came to see tue art to whether I related to any pr.rtlfS iu the case ; read
the; in?n are guilty or innocent Stood i about the case and formed an opinion ;
asidrf fry the CiiiuuionBeallh. ; could not pive an impartial verdict on
John II. Lowrv IU-ad abi.iit the caw. ! the evident. Exi-Ufed.
in the Meyersdale Cm rr,i u ; formed
nor eiprciised n. opinion ; no one a- i I have heard and read aljout the
proachevl me as to the guilt or iuno.t nee case; formed no opinion ; was appmach
of the defendants ; no conscientious ru- j ed by no one in re-ari to the ca.se ; am
pits; I am a son of I'aniel Lowry. Stood j not related to the frties ; have no ecru
asid.i by the Commonwealth. j pits about capital puniehrnent; read of
Fhiceas Snyder Have heard an 1 read ; Ue case in the Somerset Hek.u.d and
a little about the case ; bartu't expressed PitUburgh papers. Challtmgexl by de
an opinion exactly ; cvuld render an im- ' fense.
partial verdict ; have totiscientuius scru-: John Cioiscl Live in Paint township;
pies against capital pcnishmeid. Ch tl- I am reiateil to any of the parties in
lenged by ttie Coimnonwealth for cuui. ' tiie case; heani and read of the case;
John Shuw-IUad aliout the c:;se: ex- formed no opinion ; was not approached
presK-daa opinion; could not rend r a ' by "' f""1- Stood awde.
verdict uninauenced bv that oniniou. ; I- H. Aainan Live in Somerset town-
Chailecced for ciiuse.
lienuau Ma-tx Heard about th" casx? ;
expressed no opinion ; have no conscien
tious scruples; in regiird tj capital
punishment was not apprurrhed by
any person concerning the case; 1 am no
relation to the Arties. StotrJ aside.
John . lWt.-Read some riHut the
ca-v; fonnedor exo.esscxl no oninions :
lnivo no conscientious si rupies against
I capita! punishment ; IC'adthe Somerset
l uiirrtt but not the ll.':ii.i.i; Dor.'t '
thiuk I saw 1' in tiie PiiL-imrgh I)-:-,l-:h; Joseph C. IlotHnan Live at Hoovers
Win. E. Rjyts talked to ma about the i ville; am not related to the parties; no
c-.tse hut not as to my finding as a juror; , conscientious scruples against capital
I am a farmer ; Bov u ai ked uie what 1 j punishment ; read and heard of the case ;
thought of the c-tse; It was a mere con- i formed no opinion ; waa uot approached
vcrsiition between neighbors; I think it j by anyone in regard to the ca.se. Chal
was before I wai summoned as a juror. lenged by dcftn.se.
Accepted. j Tipstaves Win. P. Huston and Theo-
Musea Weaver. Heard of the case; j dore Kimmel were called and sworn to
expressed no opinion; have conseien- take charge of the jurors who4iad been
lions si;ru;ihs against capital punish- I accepted, and were ordered to take them
nient ; it would be against the rules of j to the West End Hotel for dinner. The
our church to go on such a jury ; the fact j jurors stood aside were placed in charge
that I have conscientious scruple ugainst ; of tipstaves L. M. Scott and Ianiel S.
capital punishment would inilueoce lue 1 Miller, w ho were instructed to take their
in determining the guilt or innocence of r charges to A. E. Pisel's boarding house
tiie defendants. Challenged for cause. ' to dinner.
John II. Hite Heard about the case
and expressed an opinion ; could render
a verdict though according to testimony;
live 1 he to Jenner township; my opin
ion was formed on what I heard ; my
wife is related to the constable who
made '.'tie arrests. Accepted.
John Endsley Read ami heard a good
I deal ahjut lb ? case, an I made up an
I opinion: couldn't render a verdict en-
tirely free from tlie judg uent already
formisl. Ciiailei.ged for cause.
j Joseph Sarver lad and heard about
I me rase, an i iormed iwrt.ai optnion, hut ,
j cul l be governed by evidence; have no '
j cnscienlious scruples against capital :
I paaihiiiuent; sttKsi aside by Ciiumon- j
j weaitli. T. . j
tlenrv A. s.hafer lave 1:1 S..rner.t I
V. W. Ir.vis Read and heard much
about ca?e, and formed an opinion ;
eoui i ren h-r veri.ct ai-cor.!:ng to evi
detice ; have no opipion now on it: it
Wonld reouire morcevidem-e than I have
r, , j ,0 , ver,l;l t. Accepttsl.
Jeremiah Miller Read and heard alioitt
"'s 4ase ! "axe lormr" a"J tl ressed an .
t.wi
otlui,)a orl vim i have read and Iierd;
, , ;,,-; ,, ,...:.. . ,
not rei.ite-1 t l'i!il) rg.r or Constable
Ranch ; read mwtly what tne HiUAi D
published. ChallenLf-d by defense.
Ja-.-ob J. Woiferdjergcr Liveat Rock
wixsi ; have rea 1 and heard sutK'ii about
the case, and have an opinion ; could be
governeuoy evt iem e; am not opposed :
ii -,. . ,.
, j ,
i tics. Siood aside bv the Commonwealth.
x .i . , i si
w;::i evidence; not opposed to capital
puars.lmsiu ; am n rei ate t to pirties;
live tw j cities froai Perry Uoiier,er and
six miles from Jenneitown ; never tallied
to 1 errv t mberger about it; 1 tmnk I
could divest myself of all prejudices,
Challenged for cause.
Cha'incy F. KeeOr Live in Stonycreek
township : am a farmer; heani and read
much about the case and expres-sed an
opinion ; could render a verdict on the
evidence ; am not opposed to capital
ptintshmeiit ; I'mberger was an undo to
my wife. ChallcngisJ for cause.
I.. 1). Sine tin riot nhited to unr nf
,- i .11 j ' i . ,i i some of the I'ittsour.di pariers. Clial-
tne p:rt:eo; read and heard about the , , , , . 11
, vi-, lensed bv defense,
laise; no one has approtched me since I
summoneil as a juror on the case ;' have f A J- Sembower Live in X'i pvr Tur
expTessed an opinion ; but would ba mi- j keyf-sjt township; not related to the
iiiiiuer.ce.1 by it. Stood aside by Com- f lrtie ; r.o scrupl.-s against capital ptin
iiior.wiTillh. ; ishment ; heard and read aboutthe case;
E. E. P.igh-Xot related to any of the I lve n"1 l"wl an opinion ; could ren-p.irti.-s;
read and heard n.-.ich aiiout the ; ier verdict tin-or.ling to the evidence;
ca?e; expressed an opinion ; could ren- leen approached by any one since
der a verdict nc-ordiiig to testimony. ! eUmmoned as a juror; read Somerset
S'.ood aside by Common we.-ijth. " i "uu'-a- Accepted.
Wm. Enticld-Am not related to parties; i The jury, as uciepte.1. is composed of
but read aud heard aljt:t !he case ; ex-i tl,e fodowir.g gentlemen- Epliraiin D.
l.resse.1 an opinion; am alliicted witli j Miller, Josiah Xewaiaa, Jacob I. Mau
nturalgia and heart disease. Chaileng- S-. Fred F. Walker, John W. Beck, John
ed fur cause. : - nils. W. W. Davis, I). J. Wolfersl-er-
John Fisher Xot related to any of the i
rarties; read And hiard iout the case
and expressed an opktion ; but could j
render verun t on evidence ; was visited 1
byJoha FL-her fmta Bclford County, I
who talked about the case; said lie
thought evidence would not be against
the prisoners; thought what he said
would have n effect on bus mind;
atu not opposed to capita! punishment i
Challenged for cause. 1 """" " s o,,...
Ccorge Cramer-Am not related to the ! 'ewJ U' tned The j iry was
.. t , . ... - i ' then sworn,
parties : not oprmed to capital punish- i
u;etit; read and heard about the case ! T-ie Court t,,en ordered a jury drawn
and formed an opinion ; been talked to j ft " unimportant case to be tried this
since suuimpned as a juryman. Stood j eveninr;, and twenty-four jurors were
aside by Commonwealth. " ; called who, together with the twenty-
James W. tender Live in Stoytown; i foor now impannele.1, were onlered to
read about the case ; formeii an opinion j l attendance on the court Monday,
as to what he read ; could give a verdict ! 4,tlli lhe balance or the jurors were dis
according to tiie evidence ; has no sent- i charged.
pies against cap!! puniohment ; cot rj- j At 3 p. m. the iJistrict Attorney, F. V.'.
luted to prisoners. Stood aside by Com- ' Biessscker, a rone to open the case to the
moc wealth. i jury. He detailed the circumstani-eg of
Tut-
kn fiv t-wnsliip: her. ,im?f:tlk al it
tr. ra-? ; fuisel no'piuion ; ikiIkkIj kivc
u?e in tvjnril to tiieai.?; coal:? tkviiJe
the 03 the esi.inT. AcceptPJ.
'tr.-rui.ih S. Livpric-xJ Asked to 1
ci-ad un crcourtt of glcfcneiB. Ex-
J. F. Kao!2 Live in Jcnnerto a ; am
! a wfrisirwiinkrT; very UsUr.Uir reiatel
to fie U .t's ; have heard and
; reaa 01 me a.sc an'S iornieu an c pinion ;
! if Uie morn testiiiit'ny sprrc-Hl with wuat
j Francis May Live in Vpner Turkey-
shin ; ara nut related ; no scruples against
capital punishment ; heani and read of
thecase; formed an opinion ; could ren
der verdict on the sworn evidence : was
i not approached by any one alwut the
case. Moodasiuebycouiaionweai.il.
j William J. Meyers-lave in Xorth-
ampioa lawnsnip; am no-, n-.aieu 10 iue
: Wrtics; have no scruples tn regard to
! capital j.unisi.nif nl ; read of the case ;
read Somerset IhmicrtU; formed no
opinion. Stmsl aside by Commonwealth.
I ArrxK.xoox se:ox.
Tlie Court resumed the selection of
: jurors in the I'mlverger case.
J.J. Shaffer Live in Jenner town
; shin: not related to parties; no scruples
in regard to capital punishment; have
heard and read of the case ; expressed
an opinion; could rx-nder verdict on the
. sworn evidence; read account in Somer
set Hc.KAi.ri and Johnstown 7Vi'im.v, aiso
in the daily papers. Excused for cause.
Zacharias Christner Live in Summit
township; not related to any parties ia
the rv.. !iave no A.rU,leH in ,.,1
eJiui pUI1isl,t;,cnt ; reaJ about the case;
expresse.1 no opinion ; have not been
apprr)ach ed by any one about the case,
Stood aside by the Commonwealth.
KooiiU-Laborer; live at
I rsina; not related to tne parties; no
, . , . .. , . . '
scruples in regard to capital punishment ;
.. , ' . , ..." ,
did not read about the case, bot heani
; about it; expressed an optnion ; could
render a verdict on the evidence accord
ing to the witnesses; have been talked
to about the eas. Witness stited that
he was subject to failing s;ie!!s. Ex
cused.
Wm. !!. Waller
... I
Herman I mier?er 1
1 . r. . r
no si.rupies in regard to capital punish
mer.t ; tieard and read of the case; ex
pressed an opinion ; could not render a
verUk.t girding to the evidence,
Ex
cused.
T. W. Black L;ve in Confluence; not
related to the parties; no scruples iu re
gard to capital punishment ; heard and
read about the case; expressed an opin
ion ; couid give verdict on sworn evi
dence ; have not iecii approached by
any one alxjut the case; read aivounts in
.Smo-rset Hkrald. also Pittsbure!. Cow-
lownsaip: larmcr; noi related to tne
i parties; no scruples Bbotil iiipitt! pun-
: i-liiiietit ; heard and read almut the case
expresse.1 no opinion; read Somerset i
He.'iai.u and Johnstown Trihaur : could
render verdict on the sworn evidence. !
AcceptciL
Moses Barron I live in Middleereek
township, have heani and read alsiut the j
case; have expresses! aa opinion but i
could render a verdict according to the
, i.T... . t... .. . - ,. i. - ; i
onions , ou.tioMi uiiirs n;iiisi id r
'
tal punishment Challenire-l by defense.
Francis ialler Live in Xew Balti
more; have no scrapie against capita!
; punishment; hearl about the case, but
; have read nothing; expressed no opin
. ion. Stood aside by Commonwealth.
Frank (iranger Live in Somerset ; am
i a carpenter; not related to parties ; no
simples iu regard to capital punishment ;
; beard and read aliout the case ; expressed
no opinion ; could hinder verdict on the
evidence: never lsn approached abont
the case; real isomerset IiKiin.n and
r. Jeremiah Henry, T. W. IiU k, C. W.
ii- : i .. v i.
Weigle, A.J. Sembiwer.
The universal comment is that the
i' - T 8 fceXs' " i '" carel'ul-
'.v cousider all the evidence in the case,
aJ true deliverance make.
THE TKi.VL.
Counsel for the defense asked leave to
Jereioiai, Her.IV Live ill-l'l.per
given fie-
( 'j' n:!v !.cr.-i.f:r in the fi, a&l a
te-tif e-1 to iy !Mm aiiii M.n. Vm-
K rer. As to the omneetiou of tluse
defen iaati with the crime, ilr. I'.io K
er said :
Xext dar afier th; ccrred, or thuf
night, ti rtiiin seutl.-men started to ec-e
if tlitrs might possibly be any tra-'s
S-ir-g away. iVn will try to ai.ow yon
that theie were two trac'u cuuiinj; thi
way from the Westmoreland liUle. down
this way to a po.ut leiow tb' IIayn
church, w here they went into the Slds
and then across the meadows down tie
low Jennertown to within half a mile of
Jencertown, and within a n.ile and a
half of where Uniberger lived. Umbei
irer'a house ii by the road, and there a
knob or hill above, where one can e
both waya and all around Uiiibcrjrer'
profrty, np and down tha rail. We
will try to show that the naaio tracks
that came np the mountain came down
thia itide of the mountain, and that they
went into the wooiLi above Uiuberjcr's
hoiwe. We u ill ahow this by the con
dition of the snow, indicating that thtre
were jiersons walking around there; leav
ing Kme sacks to sho that they had
takrn a lunch there. We will ehow yu
that the same tracks that w ent into those
woods, sfter wards came out ami startcl
towards Cniberger's, and that they were
the same tracks that came aenws the
mountain. We w ill attempt to show yon
that the men who made those tracks were
the men who committed this murdorand
mlliery ; we will sho you that one of
the defendants whom you have on trial
here to-day, was seen leaving I.igonier
on the day of the murder; we will siiow
you by several witnesses that both of
thes lefendanta, were met on the oth-
er side of the mountain, coining this
j wVj i9ltf , the afternoon, within a mile
i or ,'W() 0f Somerset countv line, and
that they wore walking very fast.
We will show you that theie two !e-
fondants, that we have arraigned here,
were seen at the Haynes chun-h, three
j or foor mill!i ,!uwn thi way from tlietop
, of ,c ni(,lin,a;nj a,nt imr miles from
Jennertown, and six miles from I'mber
ger's ; we will show you that two in"n
looking like these ptisseJ down tlist val-
1 lev that same evening.
From tliesa facts, and from a compari
son of the boots or shoes these men bad
on, w e w ill try to show you that these are
the m" 11 who were there that night.
In addition to that we will put on the
stand Misa Ella Steam, the hired pirl
that was there that night, who stood by
the door leading from the dining-room
to the parlor w hile one of these parties
steKsl there talking to her asked him
what was the matter and sympathized
with him; he paying that he hud been
thrown out of the binary and hurt and
having his face tied up. She was only
the width of the door from hint all the
time the investigation was going on by
the other man.
Ella Steam w ill come upon the witm.-ss
stand and absolutely identify them ; she
will swear that the two defendants ar
raigned heie are the men who were
there that night. She will )xiLive!y
idenlify them Irotn the clothes they
won, their voices and other circum
stances, Mrs. Fmberger will bear out Eila
Steam in testifying to the same fact
that these are the two men and her
little grin.i-dal.;hter, Nannie Horner,
will cornjls.n.te tho oloer two witnesoes
as to their identity.
These men, whoever they were, net
only took Mr. I'mberger's life but carried
o:r his money taking all he had, a sum
amounting to from $1.,IKX) to 30J0.
If we can show yoti these facts, as I
btlieve we can, with s great many others
that I have not time to detail to you now
we shall ask yon to convict the defend
ant! in the manner and form as they
stand indicted.
The first witness called was Henry
Ranch Kj., who had made a plan of tlie
I'mberger dwelling and was simply
called to pmve it to be a correct repre-
. -
seniation. tie explained 11 10 me-i'in.
land when he left the stand Mj-i-s E la
I Stearn was c-iile 1 and testiued as fol
lows: AN EYE-WITNESS DCSCUlRLd THE ilt'Xaltc.
Mis Ella Steam, who was living at
th h use of Herman I "mljerger at the
time the murder was i-ommittcd, wns
callcsl and testified to
the circumstances.
On the 27th day
of February I was
iL tiw-. mtl. , n it-..
other side of Jen
r.er, at Mr. Her
man I'mberger's. I
had lived there
since the ".lull day
of June : there was
two fellows came
across the porch n
that evening, and
there was a rap at the djorand I left
them in and they came in and Sit lie fore
the cirai stove ; when they came in I was
j the t'Mr. c ulisiudislly
'..1 ... .L i .1 ..1
l gtive the two men chairs in front of the I
coil pt'iot ana llirT fill uu.n uirn; .mi
t.,r, t ..i-tl
tneir oilers towar; me ; one was a Laner
man than the other, am! one man wore !
a dfr'-y hat a brown hat an.i dark
clothes, and b two handkerchief- t.e.1
a'ro6 his ohin and ha 1 hrtwfc overalls
on with yellow strip, and an ovcr.'oat ;
the tall man had leather boots on, and
the little man hail jrim bo'ui on: and
had his pants in his boots, and had a i
broan Heri.v hat on and be lon the i
I
most talking ; the bttie man kept his
hat on, and the tall one took his off. j
I opened the door and let them in ; 1
thev came in and said : "Good ever.itu. !
Mr. I'nib'rgpr " : the little fellow aid
that, and then Mr. L" mberger to'nl ns to
stir np the tire and give them chairs at
the stove ; then Mr. I'mberger say :
Yon are strangers," and the little man
said; "We are from IVdford ; we are
constables, and have a warrant for jew ¬
elry thui has l-en taen i?;een liere
and Jenner, and we are hunting it cp, i
and we wiil Fearch every bouse from j
Jenner to Johnstown nnlcss we find tiie i
Jewelry;" he said that they had search-
e,i ,V.n!r Il.-ioles nn.l I'.r Friiline'a
hous-s. and thev would have to search
his house, too ; it wag their business- and i
thev had to do it
So Mr. I'mlseri-er said if thev had to !
, , . . . i
sean n ot course tney eoui-i searxn, ii'ii
ne sai l iney com iu i una aayiuir.g i
there
- .
tl waa ice uiue man max tione i
the talking; so Mr. I'moerger t-rld nie to
get a light and I went in tiie kitchen and
got a light and they went into the par-
lor and into the bed-room to search ; ti.e
little man and Mr. L'mberaer and Sirs, j
L'niberger, I believe, went in there, and
me and the big, tall man waa out in the
dining-room ; the little man said the tall
man had his face hurt ; when they went
into the room I asked the big man how
he happened to get hurt, and he said
that corning down from Jetiner the horse
stared and the bugiry Uet and he hurt
hiiaself, but he didn't know right how it
baj-pened be was hnrt too had.
While they were searching tha little
man, Mrs. I'mlsrrger, Mr. Ctr.berger, nn I
the little girl the tall man says: "There j
is a goo.1 bit of fun ia searching houses ; I
so many people refuse the back room,''
Sluing ai ine nunc, cns 10 uie parior : Wiu a l.andkerchief j.ist I ke the one show n ; 1 bred ; thinK there were four or ive; i-an-duor
between the parlor door and the j Sl,i sure, 'his is ti e handkerchief paih-loM not I. 'I Li.w n.r.y bulb's wee found in
table; Mrs. I'mberger was sitting in of !ave Xiccley's pocket at the krari: g. If'.M-. rmls-fj.-'j Vnlv;wjs at hearing at
front of the table, along side of me ; we ;. it bad lieen wil!ed out of s.tutels..ly er-s-. i Spore Laut h s. also Ijefore judire lier; saw
J-t E:'il Xii T LY,
If
f ,. -.. - v
V; - f "
THE "LITTLE M IX.-
and he lamrlied. and chanLd his chair ,
after t';e liiile mau went in to search, !
w here he could e-: he n.ovnl close to ;
the front d..r where he coqM fee the j
be!-room i.i l the parlor; I was arMiut as !
far as fmm here Ui there in I: -a'-in? a
distance of a!sit twelve fe.-t from tl
till man then; t-i"re wa:t la'op lit and
standing on the table and he was facin.
nie.
Tlie little man went into the bcfl-moiu
to search, and he said he didn't find uny-
thing at iirst, and he came o;it agitia ;
then h said he had I" r .'ti n to l.s.k
under the bed, and they we:it iu to so
under the bed ; the little man and Mr.
Cods rgcr went in anj the littie girl w.s
along, and she came ou: and says to Mrs.
roiU-rgiT, iran.ltiap wants yon t ocoriie
tt,'' and she went in th.-.i. and after she
went in the tail man walked in, bo;
that was the rori I time they searched ;
the ta'l nun wxlkei into the l eil rcn
the ti ne of tiie se.und so.irch ; l-.e hadn't
lieen m before; he was sitting Uikin-
th me; while they wre in there 1
i vanf,j th?,m tn ,. at
( atirT. I think I didn't see":
-li!e
it.
In a couple of tr.inate? tiiey came out:
the tall man and tha little man came out
first; I think tney cane? pretty close
t-g.-ther; 1 iiarliy know which oueeaine
out first, but Mr. Ctnbcrg-r w.ls in t!.er -and
became out, i , and then the little
man walked b tok to him and suys, "Now
yor.r money or jour life." and then -Iraw-eil
the revolver up toward him, and then
I ran out, and as s-K'n as I was otit 0.1
the jin h I heard the sli d; I was on the
porcli when the Unst shot was tired; I ran
over to Adam 1'riediine's and came back
in a!out half an hour, and w hen ! came
back I found Mr. I'mlierger Ivin ' on the
floor dead and Uie ivarties .one.
HandkercMtef shown This is tiie
h-uidkerchief he had tied around his
jaws. Witness shows how the hand- !
kerchiefs were arranged. I
These defendants were before '.;tiir?
Iiaucb ia Jennertown ; I was present and
saw them ; they wore al.-o before Judue
Ba.-r "n a hearing; I was there and w
tlnia, and I saw them in the court house
yeUrlav evening; I hav-i ss. theal to
dav; they are ia the court boils'? now.
The witness points out t ie defendants.
Tlu little man kept his hat on when
he sat by the stove; his hat had ;i piece j
out of the ria; I think I c ' 1 re - g- J
nize tiiat hat; hat shown; tiiat 's the
hat ; the piece i out of the rim that I
spokwof; that was on the hack of his
head.
The large- man's nose was nut covered
by the handkerchief : I saw his eyes and
part of his face w here there w as no hand
kerchief; he had an oveico it on and
overalls; I couldn't recognize the over
coat ; it was a dark coat ; he h i j Lrowa
striped overalls and le-tiier binds ; I
can't toil wiiat kind of overalls or paots
the little man had , his p.,nls were dark ; !
I don't know whether they w. re sir; je- i
cd or not; he ha 1 dark clothing on.
Overalls shown and recoguiz i by ihe
witness. j
Criws-exa'Tiine.! hy General r.;:rr.th. ;
Have liveifat t'.nhergr-r's ah-m-.a m .Miih jl- f
together: The parties crone un the si'ct!
te-twis.il 7 and s o'cI.k k ; ii was -lark; had ;
the lamp 111 before ttiey cnuie in . had been !
in the rsiii ars.o.f o riiinii'rs ; Was sittniirat
j Ihe tal-ie; iiad Imt-'i Washi.i o;-i,es l.slore; i
came in and aderwards pt the limip : it was j
I a httle afu r ilark w :. -u th. y .-ntne into the i
I bouse; should say between Tan-1 s oYhn
d r.ot say jeio.-e it was atni .i u i .. t ii. 1
The micr.ess was ea ii l
iurt t!i; uiunrit-r i. !.; '. :lie Kj.i.1 r-C,:i-f-
Tt-re fifi over iJti.v-'i.i ;:i t;f
t iie of llm nuti. wii.i h vri:f.tv iM iv;;.
the h;inii.tfr-i.it;f- 31 r i 'it-M-v ,r ; , i .t.,; ;
mt sajr h niay im.iijpn ;,;( were
5hovrii at t;. jit-ariiir. iVj-.ilve il.-tl La.iiJ
U,. -t'.t wu arptjw 'he iA'jp ms'i l.ce ;
roiii'l nit w any tf r.is ha r i t ftnit ; lnt'I
iu nt on in the romi: tuitl i utit y
wliethtT sli hal shr Iia. vtii other
listnilkeixhief ot thia kin-! j il.tf h'-ahi:
tlie ljjti's:n;liief wjjs aroiir.-l ti.r bi muri?
j iiii::rt . ttmul T:A My wh-i.r-r i.e a
ni't iUif he fr t-afl ; the I:andcrt Lit.:' wo.-
I'lillci! out of Jive Nitt-Ie-y j jsf le t .i; tlisn
oi hjr ni at 'iuirv lUsifh'i
sa.v it was for th.u nia-'-n I
b:it
i nut
i.icfi'itv it ; it
. .. ....
poi ket wouid c.it Lave said it was the san.e :
- ..a......
'i. - . - ., .I
1 te.1. h I N til nt ..f 1 r.e mil -r i-r - r. is .eic .1 I
- -
lli,n "
way he W3 :r -d ;
did not huvp ovf ra.ts on at fc-.-iire !laic!i 5 ;
j am not s-jre m IitLhfr h had an ov r ;
j knetr hiru by hi voice and 'z-j: ncv-r iivnrd
j him spra k befixv tiie niht of the :n:irier;
j heard him taik with handkerr hkf ovur hi-
j moii tii ; .iu!d r.'ins,' his v 'wv ; at the
hear-I'.ive Nii-ety akl me wlsfthr the !
handkerchief he puilml out of his . kct j
was the oue or one like it : I asknl hlru how I
1
he got hurt on the nhcht of t ie murder : sai l i
his horse bail run a vay aid tl.ro.vn him; j
only coiiversahou I ev. r h id with him was
I mbergtr s and .:ure l-i
ilK-'l s ; ttie Ttiitr- 1
der was on Wednesday and the hearing at !
Spiirc flaucits I tiiink was on Tuesday of i
iht next week. The httte man hnd on ai
mask or false bea.d : could dee his no-e and
aroun 1 hiseye-a; cou.d n s-.it his n.o'.tii :
very w Il ; 11 was a er,,y nto'i-Ki: he. heard
and Lair; hair niiJ'ting loi.g . sure it was
not a natural beard . never a a beard like
j before; 1-ave seeu sjrj.- be,.r.i
n,l n bet'.wv ; hair -jii the t
both short :
1 Jid not 1
look r.aiurai ; looked at bis iiair: iLere was ;
one liht i.-i tt.t room ; was i se e:;..-.i.l. to '
see; the -x.uj was right bei!e hiui: was
Qve or sixu-et from him ; th-- sma 1 man (
five or six ieet from hi:i.
iia 1 a t. w:i iiHl on with i
had "" l';'- - t":!l '" of
Iheriin; d.d not teii Mr. Vfistr when he
i caitne lo et h.s r;j t:.n of "i emeu ar.-i the
d)' ""y
.-J
!,at il -a as a h;ck i
the crow n : di.l Mot j
bat With a b'.te'.ut ot
, , , . , ... . r , -
:! him ' wasadar l.ai w.in a slid unm
n.-ei w i.e ii . ic .uo,. ., , . ,
. .:.. .i i. ..,-;,. . i . i,.
vol:-e ; .
it:r-.ir i
did nor ee hnu from nii;ht of liie
j until th-
henrirjat ICi n h's . Iii".ir I hi
sjwk teen ; eou'd not tell h--w ci.ny word
be ..poke; d.. not k;:ow who took m.- to
iliiich went iu a carriage; do not kn iw
wh.iher it was Wn. Tuotuis; ,jid r.ot i.e
him a .lercriplejii of the tail man : do not
know whether he ass-i nie tor a des. r- ti,n
of the loan; did isot tell bou that
he little man had a mask .vcr Ms
fa.e; do n-H kn that he ask, si
nieals--.il what kind of looking man the
big one was ; did not say to Mr. Vaneer thai I
the man iiad a musla. he ; as heavy or heav- j
irr than Ins ;d:d not tell him that the man j j
bad li -I t blue eyes, not ai deep bl.t- as th s
man si d t.s,k n. ia carria..- to li.e ht...-:. si i
did in.' tea Mr. Tiwrai- ihwt I know of. :La i
the till man was a red late.! fellow ; wis r..st I
giveu a dripiloa of tiie XaxUy ls.y by j
Cuarles or Lewi Vaneer and askeJ to idea- (
;::!..( I;.! trf it j
r r.-iA::x a iia -o-xlu.-.f afitr t!i mirJr : t
1 , . , . '
I it ia a Ut Of:v tiatt fi. I itJVA I nl.Tf m ;
I it a4ia,io R -- iii-ht ; there was snow
j on liie j;r.vuini ;:::'n.-i sell i..,' deep, ha.i
shvA'S oil i ih'i iK-t sh very ion-' ai .r;ei- I
1 w.iv . a ft.-t 1. .any j.-.-. j.-e uujue 10 i ni'rera j
un.iij; te ui ..t : rjim-i tt:l m n-rj they ail '
j cuiiiu tru.'u , h-' o .t the ln'.i r;n- hii i was j
at Au...u hitii.imi; heani it ring before 1
i i to KneiiJiLM-'s, was I'reily near i nediine's
I w hc:i I hiiri th bed ; there w'aa
j tii Jfuh at ihe school huu?; think soms of
them cat.:? t. the hoiiae troca the church ;
j taw some peop.e tru.-u Jennertcwn ; saw old
i Putuch ami John. Mr. Ki ill both Kamz
j did not see Joe Rraia ; young Hay ar !.
! Savior.
; Mrs. Xanry rajheriJT, j-rorn Am wife,
' of Ueroiau li jh was a: home on the
I idht ui" .TtU of Krtvuary , two men cams
! in ari'l a-ke,f :'r Mr. I'rncrer they came in
and a! by the stove for b'kjuI a half an
hour. 1 :.xI iJi Si-.ini -o f.x the Ciw:
t:.ey askt-ii it? ir to Somerset : wiui
lliey were fr.ua Jiedior! ( jr.niy ; il they
ha.l iyjr.ii arrant 5r some jewelry that
was l ist hy a x-.i-hrr; haie fanrtten his
! nam . iht v akd if we hail a lured man :
said we ha.i tu; he was not a! home: oiiIt t
:.,r. r....-i-. M.Staxa au.1 the
i lUie siri were .tt me 1: jusr ; he took tne pw- j
: r out ul his :.'k-.-t and read tt : none of i
I us ixiKel wi.i. uwas; he put it 1:110 his
I 1 it aam ; .-aid he weld have to go
! armnd tUe tiutise an I look for the jewelry ;
f Mr. t'miericr said he c j.il.l g-. but ue wuid j
1 i.ot tind anvih.ii - : the ir.tl went out into I
I n.e a.l.-.ien ,ij bro.ijiu a liht : a candle;
I we tii.-n went i:iu tue p.ir.or with him ; the
I hltle f.ri. Mr. TiiiDcrer and my.eif. looked
j around an 1 he finally ta.d there was Doth
; hi th'-re and liieu s-eni inu the bed room;
! li eti he want-d me lo op'.i the bureau
U:aers ; I oi'.M.d tne lop urawtr . he look
; td thr.ni'!i it and then a-.ke.J me to ceii
another urwer ; I opened the lower drawer;
1 -
i he then ak-d that I open the oiher one;
that was l
..eu -awcr w:.erel.,e nv.i,.y Was;
I o!---ne.i the .ira-.vi-and air. I'mtjertT aaid
' "
ti.ai l.e ha.1 a nine money mere in those
j-.t - or a
... , - , ,
I V ... . ,i ,,. ., )
I u.tni ; i e loc
; aro'.in.l ii.e ci
, . . ,,
uent e th- duwr and fed
hes hut eoa.d not .ind any-
I tliiiii;; we then w.-ni tnio
the sitt;ng-r.xmi
; a.a.a ; lien i.e sa.d he had lorp.iieu some-
tnii.g snd in. :t otMk and Juok under tlie
es-J : ibai Mr. CniUr'ger must take ihe can
' tl.e and com- alocg ; i d..i uot go iu then
; ami the !.ti .- -.:'rl i-a.i.e out and said tiiat
; graniii-a want.d rue to c-. ne in; said they
I wanted the bureau puiied away from the
; wall so they could see if lb-re was any false
i Uik i . r anything of tiiat kind ; then I gut
: n...d an.i U-gau talking dutch ; he said be
di.l not mid. : r-tnu. 1 any dutch: said I would
i soon barn him; said I would alarm the
' "-ig.hts.rs; then he turned around to go out:
1
i !l,e Vj'i ""in VM 'ii'g r-aom; the
i Iutle man was in theraoiu with Mr. I'mber
' g'-r : Mr. I'nihergcr nai hel in the bureau
drawer anu hs.k toe money in bis Vest
ssiel . tiie man then drew a revolver and
! pointed it at Mr. t'miiever and demanded
j his uioi.ey or his lite : Mr. I'mberger backed
I clcr across the morn when they fired at
j Lirn one shot :or a.-iotiier ; should say 4. or
j 5 sho's ; I rail out through the kitchen to
j rinir the bell : ra;i; the hell ; went into the
1 house and fe.ir.! Mr. l'int.er"eron the tl.ior.
! he coni-l :.ot talk ; he was dead : there was
I J p.ck-t. hock- in the bureau, the second
j draper fmin the top: Mr. t"m!rger to, k
l: em out ai.d pi.t then in his v-st ; he only
Lad a com le t,f the hutt nis fastene.1 ; be
la id his hamls up over his brea! ; be did
I u.t have the ;s ket he..!., on hi ui when I
i I'AVIO N IC KEY.
y.'.
V, t
THE
I.Ki-FACKI MAX."
i-r !' ?! ; liit-re ws nolmly in
fii : ra:iii"t jy how mub
ihe tiitfii :
"t :ts i- ; wi ?i'
I I ct-tK f.k-i icpf
1'it rH-kft h'n.kf. thinlj
an I ,Ji.iXt; tlie
ty.v ami tl; ni'n wetv
wh iier tlit-re wv anv
ur fk.I; t!: v 'f?r iarjp j.- 'Lt-bwtk.:
ii wn !.ir-r T-iin r'ne iii-r: !ivt al,ut
two units !,-'t;i J-rim-ri'WFi.iri Jpiuit town
fiil. S'.-i. -rMrt t V.iti'y: it w.i the tirst time
I rt-rsaw eitiitrr vi tiie nu n; the ta!t!t man
hiul two lini!.-n.,hi,lM titl ov-r hi? ha!
the other haJ -oiih. hinr over his head, ir.
fMvini '1;.I net l k nai'inii- itt-rcr a
faiSe f-'.M': Jjw-I tht I'M!'- ruau talic ;
.ht- i!i i h: li.r i t!'-.?;' h thr Ii;tle man
vai ! the lurj' .e jmr hmken ;
0'itI nii J.'Wu ,tv
lio-rchiefs, ti.it
t
the i :i -s exhihited in the
i fun
ci-ui-l not iiv Low n.aiiV shots wens
I the t-.vo p-is.ue-s a: tlie bearing; re-
. - .- -. ..-
men who wtre
- .. - i,t.il
ill tie tmlv ' id.? 1 t oil .7 n ' sl iMIlts I.H i
- - t j
at tiie no ; i
tti'i-e exh:-.'.l t c-urt : tri'V u.id cmi over
eafi: eo'iid r.--t .iy a- to kind of Uat and
h.iiTth.y Wore t i not .-ay whether I
heard them ruk injat tin har:n.r before
S-jiire fiafit li or Jtide .at-r; aaw them Te?
tertify : loo"-i.-d at thern at my uotiv : think
one a hitie la.Ier ti-an the other : they
at in the hoti-e abo;f haif an hour : they
came between seven and eight o'clock : it
,s -dai s. s we had the lamp lit; Miss
siruni 1. r tl em itr: t hey a-ke-l bow far it
was to Somerset : Mr. I' mberger told them, j
.'.rt a.hounied.
f ...
'7
;.......
To Our Ne tiDorg.
The .p'V w 'f.-rii a-s'-l 'y our neih
!kts ' A hr-re. i wn h r. tan I K"t a pure
iti:ri;:.-Tii ?' U is a f.u t ib.tt :n.-r: is -carfe-v
a T"j( nn.i'-r Hu U rannt find a
-fl-llljl.t , f V.
ior. it iii- w iiii it ;
lain I !'-; we 1
t'U-I.e iif.- more
kind.
id eople pre
-ivk pie have it to sts.
i. pie in iy a-d do use it to
j .y I1.'.., but irh.-re w'll we
rs to b'ty it ' We learn
reliao.e si.tine that Max
the iici-t j-.piilar and re
nt t; is . .iiutry. At bis
d. -e .-;r re
!r"ni t!,e nist
Ko.n ; one .,:
t. d Clliaecs
; home !i:s word is taktn .inlii.-si.atingiy. To
; nitii we rati ch-erf,i''y re.synneerid..ir refel
1 ers for ai-ythiiig iu the li.pior Hue. He
a,tiih.-rl.: as i . 'r.y that for ) you can
buy ..e o .art ia year eld rye. or six .piarts
for . 11. s "S.iver '' a! t..V per
'plan :s wi-.l.-u: Ioui.t t'-. lt whiskey
scowl. s.nd f.rj.-.i-e lt and c.niplete
mli-l,c ie. Ii.s address is. M.ix Kiein. sJ
F. '.eral St.. Alleirheny. Pa Jr.,r,.,M th
Fast CsOon-l I!.
f.Iuvts. 'S cents ip-
. Id ren's up. Si
i.Ik Mitts. Jtc. up.
Mas. A. K. Cut.
i SVt Fish.
J The very bt , ia: i;y of salt Mackerel, by
' the one, half -iura or kit. at
! ' C. P.. V .cut's.
Wanted, More Room.
M a-t nial - r-em for re g.s!-. then-fore
will sell l-.ur hieid.-e-i purs of boots isjid
cits at cst, curiiig Court.
FavNS SaivLia.
Esdiim! W:r. K 'tle-l, teninii-rt'r.dc.1 by
ad pbyMc-iaua, tu be had only ai ii.esecker Jt
tinydtr s.
J U", jr. rt;i s.i.V,
1 -uy l.frv I
s,V ' : r-ift J'H
Liurel and Roses.
Honors to the Memory of tha
Country'3 Heroic De.td.
The beautiful east. .en f strewing tl.o
( graves of the si. Iter oea-l wit.i la!ir i ;id
j roses, i.s one nmi is :t.jsiiiwir.i ...
the people of Svmie-s-t ; but never Irefore
baa there been such a multiin le prtsent
.v. .1- n
) 10 laae pari :u lue ittu;..ii.is, xuw
crowd couimence.! to gather in fror.t of
the soldier's monument, in the Court
House grounds, shortly before noon, and
by one o'clock, the time fixed by the
committee in charge, for the eommence
ment of the survicew, there wis an im
mense asoembly. The Futerpeaa and
Farmer band enieriainrxl the crowd
with their choicest selections.
Afer the vast assembly had been caH
l to order, Wm. II. K s.r.'i E;. was m
tnxluced ami paid a glowing tribute to
the nation's dead.
Immediately after the address a prnrew
sicn was forme.1 in the following onler :
Sunday -Schools, marxhale.1 by Elder A.
W. Conner.
Eaterjiean IUnd.
IL P. Cummins Post Xo 210 i A. R.
Soldiers, not members of the ti. A. R.
Sons of Veteran's I 'rum Corps.
Capt, James Hinchmaa Camp Xo. i2
Sous of Veterans.
Farmers Band.
Knights of the ioi den K.ile.
The procession was a line one; tii
bright faces of the little ones, their very
evident conse:.itisnc4 that they were lurt
of a cl.iee'y observed page-ant, tneir stur
dy waik and their eiforfj- to keep step and
time was a pleasing sight. The " Is.ys"
oftheti. A. R. are bys no Iungr, but
the stirrina strains of tiie tile and drum
limbers their joints as nothing else can
and they swung into column with as much
apparent vim as in the days when they
1 nnMM-t t.v vhtnrv witin.rant in the wd-
i 1 1 .1. - .
: denies, or man.-he.J with Mierman to t:e
: . - .. , - ,.
. nets. 1 oe .-win. i cicia..-, o i..c
i vigor 01 earl v mann.xsi, man ned next,
' ,
(hev are a tine ImhIv of voting nien and
looked likeorthy s.ns of worthy sires:
their ranks were not near so full as they
should have len. The Knights of the
Golden Eaijle, led hy the Farmers land,
came next; they marched weil and pre
sented a very handsome and attractive.
apfiearance ; the only thing that marred
their line was the fact that many mem
bers were not in complete uniform.
The column moved down Main Cross
i street to the IMamond, thence Weston
Main street to West" street, then along
West street to ti.e Lutheran Cemetery.
The decoration ceremonies were oj.cn
ed by Pout Commander tieorg" H. Ia.ve;
the band played a dirge and Rev. J. F.
Shearer made an appropriate, patriotic
and ehspient prayer ; parts of the beau
tiful memorial service of the Irand Army
of the liepublic were recited by Messrs.
C. J. Harrison, A. C. Iavis, W. H. Sau
ner and Oliver Kn?pper; the graves were
then strewn with (lowers and Rev. John
H. Ztnn, of Centreville, pronounced a
benediction. The pnres.ion was then
reformed and moved to the Reformed
cemetery, where the soldier's graves were
decorated; after which it marched to
Union street and was disu.if.-ed.
I How Can They Beat Us ?
They can t do it f No! so Ion as we keen
the freshest, cleiieest and cheajs-st gnx'eries
in Somerset. We don't want per cent,
on every sale, but are willing to hare profit
with our patrons. Thai's the why and
wherefore of our success, and lue reason our
store is always crowded with customers.
C. 15. Vuu.iiT.
Low Prices Predominate
At the Keononiy Shoe Store. I w ill prove
it if you call during Court week.
Ks-t.Vk Suivler.
La-lies" ani tints' (iaozr? l'nIrwear.
Mr. A. K. I hr-
at
Ijct me teil von what nrurJy evpry.jt"!y
knows al rea.lv. That the Iltriin Marble
Work? i the In-st place to buy monnniertl-j
and ti'tuhstortt-.
R. II. K 1 wtXTZ.
Wart? !
lVi. and FtirM. I wi';l jmv the h:-!..Ht
cash price f'r all kind ( lo-h-. pelts and
fun. I a. want cni3 of 11 m k ak an!
Sfpnice Fark. nr i- wnnttd at .rnv.
Call on me at my residence, ittm.ii
ately west of the d. dr. C. Station.
Announceiiients !
-FpRTHE-
JiNE Refielscan Primaries,
-TO BE HELD -
SATURDAY. JUNE 22, '89.
T t'-t Eiil.tr 'i.'s .tri IliRct, :
Y.n sri II ples. s..n.eTnce tt,e f.,lt.,w :-.ir rtsmed
z n'ies-n - caii'i .tare. fr lrt- raris. ..iti.is
.lcik-r..il. t si ILe c.Hiiiat; Uesiijh.-sn Pnn.sry
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GEORGE W. PILE,
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' WILLIAM CoLLISS,
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FREDERICK WELLE U,
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