u
THEIR "CASH."
The Ccmrcsnwealth Rests.
V. II. &.Tffi, E1: MtKES A
Cwujasx Opexim. ra the
IEFEX-E. AND
joe Nicely Takes the Witness
Stand.
Tee ' Little Ma ' ?ays He was
t His Own" IToxs os tes
Fatal Night.
4 I'r.w ek-Meeti; wis Hiti.n at thi
jr..v Cm hi ii the Nihut or th
jjs r:a. Eft Nt Miv .r the
WlTNKSOR ATTEMiEI).
THE DEFE5SE IS" IN H1L1BL1
, - H NlCKLV IX THE D'lX lit- ?TD
r.y K THE PaTi HEI OVEUCOAT.
Siys THE Til' KETIiiX'K He
i; we Thomas Was IJ Own
...,tl'at It is Not the Pimket-
IN' ColT.T.
I o,
,::..n.KvTm t Tins Stvti.ui:st
Timwis in Mlniiukk.
j
I
lay m.Tii.i,t t'Aitv Ht'D. j
r--
-raIi-' of I'avi l ai.d Jwpb ,
t i . ll.' 'iM'ni rs. woui.l not indicate j
. Ur- are tiie bardeneil crimin;!g
i ,. v are "'-!'.v' beiieve.1 to be. They j
"' . . .i..rr..t t hlnA of kwikintf i
r. t .or r,.nvi.til for the I
. :.'.-v of Mr. V,-l.
If placed amonu j
1 a,u,.ni, .
...... !. ia ire 1 otii.-r ti.en in tiie Court
. -. riot one im tetity would jwir.t
, oat as piibable uiunlerers. Jo-
f..cc i roun-l. n-? pro n.nei.t, !
ev .,ark and clear, fm-head hlt and j
-.,;!). hair n bis head tb:n and hue. !
t;e Mr .s .niewhat lutavy and lung 1
.. .....t, II iiz is Steadv. and 1
:"' ' ..-"e.vnttnue.l an 1 close' ob-r- I
Vlo,,n of tiie h'ia.Irw.1 of s;iectators,
nd o.t-re is no more iutereste l j-erson
,fry .ittestion a.ked and answered,
5j,! piint raised an 1 tthl in the n:n.
.4 a aord uttered 1 y counsel.
itnesS or
, -ajr IliS a.teilUOIl. lilWW.I IU 1
J ' - ' , 1 .
bis attention. Irese 1 in
a n.i. u.tinrf ocaca co.n, v--i .no "
,i:ii'.-a". wliite n.llar and cu:Ts, his
arai;.-e is tl:at oi a somewnai siirewu ; (
i. nss man
liutliei.iateiy cm ns !
;-s hi- wife, neatly and fashion- ,
,v i
nl in black, she is a modest
nd unassiimiril udy
with a rather thin j
nl j.i'.H fi.v. Like h-r husi.and she
hted stare ot littnijnsi.s o! eyes
,t': .1' the least s:n of embarrassment.
. . . i i i
nn her rtjrbt is t.'te cnair ixt-upun oy
. K !
l.,s w !" with a f..r.r-riior.th-ol-l ba'
:er ar:ns is ustmilvt i te seen. "iHivi-"'
.e i- i-.ilhl. is a taller and slenderer
, t',:,r. his liroth'T. and ipjite as inof-
in appf-irance as his brother.
;i,in nsas:i a straight large nose,
arl
... pvs. po.oi.tn sti-.rt Itair ani
M-tistai he. lie sits w.lh bead
i-aailv rest ins on his bind, -yiietiy and
inea'.at indifferently listening to the !
. T - 1 1 1.
1
HIS'. lilies. I Il.ike J'Je ue nci-ioni
mvs i word to his e.mnsel.
To the r-i'.it sits the mother with a
mwt black itiwt on, and her head and
fa.v al in i-ivensl with a lar-se black
t.t net.
sped in the customary style
l't!i e alioae.1 by the I'tinkard Chun-h.
li.-r fi. e is emaciate I and strikingly I
indicative of feeble h-situ. Aj- !
patvn'.ly she never loses feirfht of any-:
tiottijoiniron. j
n her rv'it the father is always to ls i
s.-n: a la'.ieat im-.l close oiisorvcr id j
rser-.hir.ssa'. I and done. He is a short, j
k--;,.ir n.aii of some til vers ol aui. I
li s , W and riiia wl.i-kers are .jtiite j
--ay. :. s. h.s I ns ha.r on the ,1 and j
i o.!:.-. !.... ! t;,. f .r..!. ..l nwin . I
t-, bal.itiej of his head, aptiears to l? j
. . . -. o x- . r ; i i
.. .;; li;iii o ir-.il in. ,'l, .mr imo ;
ti rt.-.irrne a stroni:. if not striking,
fj.i.iiy reseinhiance ainoni; the parents
1 1 the ts.:
.vs.
'at.
f'-.i.rt convened at 7:"0 o'ch.s k Tuesday
rior;..: -. .;i,e r.iatTers of miuor iui-l-r'j-.ie
wi-r- .:is-s,td of, alter winch
Hi.- ei.clr.atiou of witnesses in the
n.-ir l.-r cae w as n-u:ned. '.'nly two
: ; i os -
recalled on the part of tbeera huie afier six and got bu. k aUmt
1 r -s-. ut,..n when Mr. Ko r annoum-ed
t!.-! their iexti'uor.y in chief was all in
a:ii fir the prt-sett the Commonwealth
u:d n st
Xr. U-ij.js-l went to the jury for tiie
11.-.. i : .1 1 I
1 " ...
I'1"" "', i ail w no ileum o. n su.i
i-stated in his opening, iu a clear, calm
r 1 ; )..isMoii.,t.. manner, can be proven,
j. :ry will have no trouble in arriving
t a v.-r diet. The case is sn inteuse'ry in--n-t-.ng
one, and trie nr'miiM retMtrt of
T:.r eveleiue
itliitted.
pu
bushed each
ijy m the I'a:!.v 1L::;alp, is read with
tito g-eale-; eagernens by its tiiixisands
of patrons. Follow ing is a full report of
Tester. lay's proceedings :
r.a-Va at
',r:i-y . i,dVt,
Kimmei a in th
Nc.'iv was ttere- '
1 -m "on T ies.lav '
I n" be' i
: Is- h.n k fir a tew d..i s.
. W.:s.,u Menoh.-r-Am a sister of th I
:.vis-v; rsniemissr the dav of th ar- !
' y ii'.i-tiand gave me a ketts-.k
k soinetinie: laid it on ihelubir;
: .t lanen away ; sa- th.-re when
;' .-r ol tl.e same ps-fcettss k that
t' --:i .r;-..:i -o nie by Mr. Menoi.er.
fci-lls.it w.. ttil'tl g'ven tO th
;
tnm-wealtii ti.en rested their case. '
th. t.irv-t opixs.
Tie d-f. was ,. 1 by Mr. Riipil ;
: i t:y w k i.l ;,w that the i racks c mid
a '-' !i. ssi hy the bjots shown in
' '" :; sii-.w that the tetititvny of
t.. v t i-je,.-. r-I a i'e : wi.l .tun
ej-. ,.,., ; r.-.e,! ,., the coat and
"' s'e-.w that the hat waj d s tored for
'.-"t- il w !i siiow that the iss -kef-book
d i. :i
reir :. t :i s.
t tl.e ore that was taken
are the two deftn- :
i
:1 tir'van iti'.ii. i
j
:trr,. six ox tin s:xr j
N' .ely .;- in l.vs.nier town-
.a tsi'land eo-.ifoy. alsmt three and i
: j- IV H
ni l.-Kiii-r; am a ntati of
tV
have seyn ctiil iren; mv w:fel
t am tarrty n:ne years old ; was l:v
"iirai li mie iast Froraary ; live atv-ut one
I". f ii; ..s fr.,; Ilir fa;,er and a!sut ones
-i---t.r..fa mile f-orn my brotiier Pave:
-i som and lalmr , on the 27ib of Ftbru
7 wa at Inline alat nvn: between 12
cf! k t!, w.t. , I.ss.1 of sil
-t"-,.t ti,- by te-ber, re; be
"ss for Mr. Knox ; h was there about an
"."ir I w,, ,)Ver to ie raJ to c,tlta tfae
r-f.r him when be left; then went
u- t,
th house; stayed there an hour
t we.:t down to Airon Mams ; wnt
ai n';
tuilniirg his hous; that
"a ! - o'civs-k. was there about
then went b. k home; passed
- lour,
. .nil K
' 'U bouse on the way hack : mtt
sie aocut a o ciock ; my tmly wire a'd
Fin1
I lie
VOL. XXXVII. XO. 51.
at bono; I went out and fed lli. cattle:
supper was not quite resdy and I said I
w':;. I go over to aee my farlier: got ta my
?athca b-US about half-pat six o'rbw-k ;
met Iian .etitg nn th way near the IhiD
kard Church ; he had a dinner bucket and
rant hook in bis hands : talked with him
four or 'minutes and then went on to
my father's; prq-per was just r-ady when I
g-u tber and they vked me ro take some;
I "at down at th 'able and to. k itp(.r with
thrtn ; my father, motlier aud two sisters
wr at th Utile; left there for home aVmt
7 o'clock ; passed Dave's house and saw him
se'ting at t he w.ndow ; did nit Laze any
conversation with bim; ahfii I got home
my son Lorer.zo had left th? house; became
after I was ui aho.it half a-i h :r ; I t.-T ;
I.'-n lo mr th1 Kfrht out before Ii iri,t to
Issf ; Th arsd jt morning irfR4 down to
J.bn Barron' hl knt:tii shop ; Dan Ceet- ;
int was there get(ir.; hi? c:mt hook tixeii ;i
Jamea Jonea a there an.) I Mive John
'.wtmit, ihiee a brmiter ami J .sej.li lUrron I
were tlurre a:o
I was tliere probably twoir,, , v:.-.t . ,,i,!,,
l.our ; Crt heani of Uie Vniberger murder
when was at the miii on Khiiay ; there wad
1)ravr w!initt z.nn cburoh Wwiwlay
niJit is ertry Wednelay n::l t : was ar-
reti on Mjndiy the 4tii of Mar- h fi !:.
im tbe We.intu.biy siniten of ; wai arrejte.1
on the rcn ! half w iy b-tween my house
the biarkiunhh lop ; we went from
ttieretomy botuw: arresle.1 by John
l-iiN-u ; sai.t iney wauteii to go uji ami i
sear-h n.y Lnuv ; I ilon't know what tiiey
toun i. ex.V.t wtiai I w Mr. I: i ie'i take
as be kept in with him : found a .rk
et b.k in the book:.-; h' took
,;,, ni()-,., a:i.) ul u in ,., v,t ( t . :
tlll,n wa! ,.v ; b ha never returned it ; i
fUnd a revolver and M'chei: be put the re
voher in the pauhel ; I had not used th re- t
volver tor iwveral Vfarw t w ii ness iKi.wn i
lantern, whi.h he u.i wa, bis or one like it; '
nev-r !i.d the lantern hut once; ned it in
cuttiiiir down a bee tree; the Jay I was '
reted the lantern was on top of the cup- '
board; it i.i.l been there for KMiretime;'
'i" u mr- :in ii iiai i i ue i.ai i
is tli color of mine: if it is my hat it is
. ,
ciianjsM
there was a wire rim around my !
, ba'.an.l tliere was no piece out of it ;thewire j n(.r Jt,,,,. lie .j ie saw a conple per
j had sot !o. aud 1 pot my wife to sew it up; j . th( Iimnrit,in , h M: I n
lit two st.jl in (ireer.simrj: fine- j
Ut fa!i : ..n for mrs..f nd niv for
my father; needed pistol firsh.joiimj imifs: j
k.ft mine until after 1 butchered. I think i
in January and then sold it to my father;
j have never seen it sine that time, the cait
i riiL.1 that, were fitim I were ahat as left
i over : I irot a box with each i.t-tol ; d.d not
j have over i-oat on when I was arrelil ; bad
M Jc'im rir :-.i "riir1 i'i ni taiiif- ; i:m
niX have the ov..nsai on at the time of the
j hearintf at S.tiiir Iti'ii h s. (;nm ts)-t.s
J .-how ii to itnt-" and i.lent ; -ie-l as bis t on
j sole was put .to armtit a Wi- k b f.nv I was
arretted an ! one als-u: b? civ In f re I as
arn-t.cd : i u. mi a i-air ol lea'her Units afier
I as arnsite.1 , was at Jeuncrtown in a lm-. !
i-v b.t snrtiiiier i!iir in I iie or A i -i.-i- i
went there to see ia:uel l'. t, rs.o m n-ar.I ,
t j t'r insuranee cane at ti.isusbur: drove .
toiliehotei. Peterson lives a.-rfs the street
rrom the fusel; saw retrs.i ; was not there i
airain from tiiat ttmr ami! the hearinc at
t Squire Rata-h's-; shmild say tit dislam-e j
j from Jennertown to T.ionier was about 13 j
or 14 miles: I live 3i miles from laatonier ; i
I .ti.l .a ,. .... it.- ,...o,-.; ,t.d .i-,k ..f ;
! ,. , .i'i
1- et.ruarv ; d d not know anv Ihimr atsiut lue
I .. . , , , , ,, ,-,
i the murier until I was told of it.
I .......
t ros,s-xamiuai;on ii jve itviu pear mv i , ,. , , , , ,
. . . , . . . I of hehruarv beianse it was the week lie-
latoer lor aoout evht vear : the larm D-ionrs I -
to me ; it is aismt-ls w 2u -res; liv.,1 be- j filth,'r J" arres,e,i ' fa!hl'r
f..a-that time in h.i - where n.y brother 'ninif ; ate ,n-ikfast with him; snp
I.ave live-. iiv-sl there .1 ,.r 4 years ; have j P"" hctw,-en tiand 7 n'eba-k ;have
livid in tiie l.liiouier vallcv m-iirlv e.o toy i w father weara brown hat ;b.it shown)
iife ; have ben wet was west in '.sj ; ws ' b! hat was alintit the color of UW one ;
in V t--Mit. ; was in hi. 5 or ti m-.i:tl,: I the w ire wasn't ot'.t of his; an 1 I don't
was arrested when I
a - n:ed f.,r i,u:-rs.r.:i
-7tl of Keiiniary w is
fas in ii'iio -wis not !
an ot'i .rr : on the j
at home tne f-.re- t
""""
liert K s hp.ilt-tit Die a loud of i
ciiii : he cam '
: he
tin-re aft.-r 12oVI.n"k ; he lft (
i f..r 2
i clo. k ; it was probably a q irter
w h,-.n he came and a o iarter i
I of one
nf two
when he 1,0; h was there j
iut an
hour unloading the real ; I :
went down to Marx s a-i-rut
ot 4 o il.s k ;
was reading at borne before that; was at j
Mark's I su: ! alsmt one hour; it is I
aU.nt a m; an 1 a .planer m.ro my p.a.-e t
to Ma'k's: got hack home between live and j
si ; fed the cattle after 1 got home; I have ,
I eijiiit head of cattle; went over to my faiii I
o .-l.s k : saw niv broth.
l.iv aismt dark
ou M-.tid.ty evening: on Taesday
1 g t a i
load of st raw from my father; first heard of I Harriet Nicely I am the wife or .li
the I. in he rger murder at the null on Fri- j sepli Nicely ; one of the defendants ; was
lay; was arrested on the Monday following J at home on the 27th of February la-t:
Fn.lav-that I beard of ttiemarder: never I
Moid O Connor or anyone el.- that I Uad
never heard cf the murder at the time 1 was
arrested , probably bad the bat about two .
years; the bat had a wire around the rim ;
at the time 1 wasurreste.1 , it bad g rtt u
lo.ise and my woe aeweil the w'.re ilown
aikiut ten days before; th bote wms not in
itr.u! tiu.l it - woieu t'.tnslabl Ranch
took tbe fi.-, out of the pneketbook no one i
else was present except ro.vs. lf : thr were j
six tens aud one tiv. I worked some f.,r my
father in last Ueeeruber ; cannot ted where
I worked iu January or February ; the f
pock eibo.k had in iu the cupboard since
ftt11 ' 1 uve l,ad "' l"i " tjUr
or fir years; bought th lantern tot fishing, ;
never nsd it as a signal light ; my bntlter
I'ave put the soles on lb tssits ; they were
'' put n alter tue
7th of February.
It h reel -The lantern
was riot taken
from home the day that I was arrested that
1 know of; was arrested in Ohio concerning
a whiskey case : I demanded a hearing; no
on appeared against me aud ! was dis
cl.arjed. ross examined Was nisi arrested for as-
sunitng lo tie a g ivern incut oih.vr ; w: m
jail "r '--oupie of days.
lillbert U. iss Live in I.tgonler township,
I Westmon-land county, all-, tit on niit from
J l.igonlej-; waa driving ni)' uncle's team in
; Frt-niary ; know Is. Nurly; hatihd a loud
: of coaJ to his house on the 27ib of last Keb
1 r:a-T : bis louse ia about 31 or 4 ni:!ea In.m
i I.igorier: got there afer l2o"clok : saw Mr.
j Nue'y theee; was there atMiut an hour w;tb
ibim: I fix tii date by my nienioran him
I book; the witness prvlucisi the roenieran
j d mi Ns.k and showed th entry in it ; have
. iciom-n J-w Vieelv fi,r sir teif. .trio- f.-r
. ... ,.. .- ' -'. . ,
mv ttnc: v :hiani Knox : left w'th tnercal
. ,
a ioi: alter rone atsi arrtveu al .N-eivsa
j:,,) after 1J o'c'oek ; r front 15 minutes
to :i minutes anrl2: U-ft there after one
o i l-s k ; told s..ral differetit stories aleint
the. tunc to di .f.-renf. parties as I d.d not
w ant to p;ear in the rsusr.
Aanm Mirks Live ia I.:tronier township,
ttiwint on and a quarter miles from Joe Nice
ley's; saw him in February ; saw him or the
27i h of February ; h rum to my la-?
a'rnr.t 4 o'clock in tbe ai.rnii.o: Carre to
see me about paintin my bolts ; h renisin
sl tliere aliout one hour and then s-art-d
borne; there was prayer meeting that
night at Ziou's Charcii ; that is the wxy I
fix the liroe in my mind; it waa tbe Wed
nesday belor Joe Nicely was arrested.
Cr.vs examir.eil Am a stone rr.s : have
alsmt t ai res of land ; I iiv about a q-mrVT
of a mil from tiie church : Im-tied ot the
nvriTvler on Th ars-biy ; heard of it from Aa-
thony Nicely about 3 o k ; Antkmiy
Nicely told me Lot to teil anyihicg I knew j
about two or three days after; when I saw I
bim at hia bom ; bedel not w-nd form;
toi.lloru that I Ktm Joe on WttJawJay ;
!hr. nrfuar iay afir tb arnnt know
lnat.'i't:a ; toUi bim that I eaw J. Cice
ly ou TtjiirxUy ; ibj not lwillt talking to
Xiali Sliaulirv; bav known Jie Xic!y ever
fi.nr li wan a Uy ; waa not anrMeJ f-r
iti-alinj: !wp ; tb case vu compromised
by fm)in fi.r it ; I trot the money from J.p
Nii-r'y ; I saw Joe Nicely on Thunaiay, but
JM n.rt say anything to him about the mur
irr u. I lia i u4 barU of it at the time.
ii ilirvrt - Ltarn-i of the mur.Vr on
Tburwlay aiuut 3 o'ci.H'k in the afternoon ;
luariiof it fn.m Anthony S:lj; it ma
several days after tle arrest; al.eu olJ Mr.
icey fcjj-j me not to lli anything about it
as it s nob.ii' bufinesf.
Tt OllAY AFTE!i-.HX ht-I0!C.
JoSiti K Kjr.U Live iu Westmoreland
cuuut v, not one-fotirtli of a oiiie from Jo
wph Nuely; was bou,e 27th February ha-t
all iluy ; have known Jowpli Xkrly for
l V4firs ; m a IUJtB that uav tliat I took
ti.i.A.,f .in. ; a.-.. :...;... I. ... .t...
tl, r,;.f.!lu r th- ,.f.rn.-.n I,- o. .w !
in toaatds ho.,.e ; the way I fi that it j mhfme nam'" 1 don"t kn"w-
wa the i;7t!i it a as We.ines.lay, our J I'avM A. (ieetinsr Lite in I.i-.i,nier
prayer-tneetii))? evenifiit at the Zion j about one-fotirth mile from .Joseph Nice
church; I was at prayer-UK.-etini? ; I i '?: am 23 years old; have known J e
know Charlett Vane-r. j Nicely 12 or 14 years; saw him on the
Cross-examine.! Have lived near the -"th of Kehrnary ; saw him lietweeu his
-Meeiv
a 7 or S years ; am a carper.U r !
by trade; live betw.'en Mark's and .bje
Nicely V; ccuUn't tell whether I aw J.je
on.L'blh, 20th, or loth; dou't know that
there was praver ujeetin-' on the l:Sih or
-()
7 : .
was in my yard when I saw him;
i 1 took it to be Joe Nicely ; it was a short
one-fourth of a mile to his home ; I don't
recollect of having any conversation w ith
J"!'h l"' "' ere
am"t,'' 1 ' l!le consultation
oil man Ni.-ely's house two weeks from
yesterday.
I'r. John Asrom Live in Li;!)nier ;
Miii a nciiiiM , ioi . oaf iea aueei , ou
s-unday lefore the Imms were arrested we
sian.i-r.tr on the corner at the LLth
r , ., r i ,,.iu
her Joe RoonU ; he said, since I come
to think of it, ln !ookel more like John
KoonU ; he had a sw iuins; walk.
Iiuvid A. (ieeting Sworn, and oiked
to retire for the present.
Lorenzo Nii-ely I live in Loonier
township, Westmoreland county ; am a
son of J wph Nicely ; am I 'i year old ;
was ut school un JTth of February last ;
came home between 4 and " o'clock ; saw
my father a halt hour or more after I
(time ; he was in t ie "barn feedinjf the
ca'tie; I was bhelline corn for t:ie chick-
pns ! 1 erit "P 4l h,,'l A"'1 h Came
up and mid he was win to urandpa's:
tins w as t o cl.s t or alter ; tie went to
grandpa's ; I went to prayer-meeting at
Zion chun:h ; think I stoppeil at
the house of John Koontz ; saw
hitn at nnmr tue.tin- it was twentr
I . - n , . .. .
minutes past nine when I got home;
father was in bed : I talked to him; tiie
! iirl it was burning and he told me to
I'iow it out; I know it was Wellness lay
' '
te. an. si' we havi' praver meeting every
. ' '
Wednefslay ni.-ht : know it was the 27th
think that piov . ;)intirjf to piece out
,,f rim was out of his.
Crosw-exa mined Was " in April; I
left my books in the house an I went out
i to the barn : I bad just p t there a couple
of minutes when father came in ; be fed
y or "iht heal of cattle ; he came to
the house ; I com, in I te'.l ho long lie
was in the luirn ; it was 15 or a little after
when became in the house; he didn't
eat when we did ; h said he was gjln
p, grandiathers; I didn't ir in t ask
father ali-mt my staying with Ferry ;
j ,ar, of t(w amry'r Friday at sch.s'.l :
.,,i .. ...,i..,.i..
, ,, .. . , ,. , '. ' ' .
. R
H'u""l - P " .1
Mr. (iilbert Ross brought US a lord of
i coal that day ; mv husband helped him
pllt ,,e ,,( waT . h(, at i10M,e
()Ht ,.,. 3 and 4 o'cliK-k: when he
i
I left hesaid he was goingto Aaron Marks';
i he was gone two hours and a-half, may
j Iss three hours; it was after 5 o'clock
! when became Inline; he went to the
Urn "''"S ! le came
Int' the house he said be was going over
to his father's; it was after ti o'clock
w hen he started for bis father's ; it was
aliout H o'clock when he came back; we
talked f,r a little while and then went
to lsd ; it was not later than half .ast 8
when we went to be-l ; L nenzo came
home after we had been in Istii about
tbrtsy-.-jturters of an hirur ; I heard the
conversation between him and my hus
band; my ha -band was at home the
next morning : we had breakfast Isitween
7 and b o'clock ; he left home about 8
o'clock.
The brown derby bat was then shown
to the w itness 1'id your hnsband have
a hat like this? he had a hat the color
of this one; I don't think this is his hat;
it isn't the same as when it left our
house ; the wire in the ritn of mr hus
band's hat had broken and I stitched
the ends together ; it bad no such piece
out of the rim ; I bung it up after he
w as arrested.
The dark lantern was shown the
witness.
My husband used lantern in the fall to
cut a bee tree ; it was netting on the top
of tl.e cuplioard, and was covered w ith
dust; when Ambrose took it down he
bprshed the dust off; I know my bus
Land had a pistol ; he talked of lending
it to his father, w ho got it after we had
but. here-1 ; I never took any notice of the
pistols ; the second time they came to
sear.-h they got hin overcoat, overalls,
and gum boots ; they got the hat Mon
day nrght. and got the other things Wed
nesday ; Monday night Mr. Ranch came
back to tbe bouse aud got the hat ; I
heard biro tell my son his Cither's hat
bad fallen out in the mod, and had been
run over by tbe carriage ; they came
hack Wednesday and searched the house;
Ambrose and two other men who I did
not know ; the fourth time they didn't
; wearv h ; Ranch said he hi ard there was
j a rave that we kept our potatoes in. and j
that he wanted to search it ; I to'd hitn
we Ba.1 no cave ; the ut tl time lUucd
and Ream came, Ranch read a warrant
and said he wanted to search the chicken-
borne
SOltfERET, PA.,
coop and hog- pen ; mid the warrant waa
to Pean h the out bitililintpi ; mt huihand
a wearing his d.-rby hat prior to hi
arre-a; I can't say for how long ; he had
it on the day he was arrested.
Cr!H-e!taiuination Took dinner on
Wednesday, February 27th, at 12 o'clock ;
Row came with the coa! before we hd
tinbdied dinner; l.e Mopped below the
barn and threw part of the load off; am
pure that Mr. Ambrofe git the lantern
otf the cupboard ; never to'd John
Ranch that my halvar. i was not at
home on that afternoon and until late at
niu't.t ; it is not the aame hut that they
took aay; it tas not taken away at
the time they !oo' my h'lshand ; Ranch
came back after the hat : it was haojfinj
in the kitchen on a nail above the wixl
box ; there was no piece out of the liai
when it was taken away and there was a
wire in the rim ; it looks rougher than
the one worn by my husband: there
f were three tuen there when mv htmlum.-!
"M am.-sieo ; jonn iiaucn ana two men
place and Anthony N'icelyV, his father;
met him near the ch jrch ; the church is !
a!out one-fourth mile from
t.
CS !
Nii'e'v's house; he was piin
towards I
his father's bouse; it was bvtwen
and 7 o'clock in the evening;
had a few minutes' eonversi.ti m
wilh him ; I had been work'mj at the
saw-mill alotit one and a ij'tarter miles
from that place; he was ir .in. up the
road towards his father's house ; ii was
lietneen six and seven o'cl x-k ; liad a
few minutes' conversation with him; be
was dresse I in his ordinary dollies; I
brought my rant-hook home that eve
ning to irvt it fixed ; took the eant-hook
the next mornini; to the blacksmith
shop alout 7 o'clock ; Joe Nicely came
there somewhere between 7 and S
o'clock; Joel JJanon and John Meeting
were there; Joe Nicely stayed for alout i .
an hour or more; learned of the murder
Friday evening or Saturday ; the arrests
were made on the following Monday.
Croes-examired Have known the
Nicely boys for 12 or 14 years : have
worked with both of them at jobs of
different kinds. i Witness was asked
if he was not arrested for robbery ;
with Iavid Nicely in the I.igonirr Val- t
ley. (Objected to by the defense and i
the ot jectlon sustained by the Court.) I
It was a mileand a quarter from tbe mill
where I worked nut it I met Joe Nicely ;
had worked ten hours and one-half
that day ; the place w h?re I met hitn
was between a q larter to half a mile
from Jie Nicety's ; saw the Nicely boys
an Monday after they were arrested ; do
not remember seeini them on Saturday ;
do not recollect seeing them on Friday ;
saw Joe Nicely often ; cannot fix any
particular time when I saw him ex
cept on this particular day ; Wednesday
r.ightj February 27th; know Pavi.l
Brant; think I saw him the day after
the arrest and had some conversation
with him; do not rememlsT savini: I
om'.d not clear J.je Nicely lucsuse I did
not rememtier w hat Dtotit I bad seen
him ; was at the nus-tin.
the it- t
nessi-s
ao.
at Antnonv Nicely a two weeks i
Re-dir.s t A fh r the
Itrant that 1 was not
but afterwards tivd to.
jrt.-s-t I t..!.l Mr
sure "f the date,
ate as the 27;h i
!
of l'.diniary bv the fid of m
k'.ngmv
ciint-h.sik Lome that night to get .t I
fixed.
,, .... v,, v- , , f '
Mrs. L.inbelh Nicely Am wife of
Anthony Nicely ; am H2 year old and
mother of the two defendants ; did not
see U.i'.-e on the. 27th of February ; saw j
Joe that evening at our house ; do not j
know exuliv what time it was ; i was '
between six an 1 seven o'clock: Mrs.
Menoher, my daughter Ilettie, my grand
son, and Mr. Nicely were present; he
came in j 1st as we wereabout to take
supjier; tasked bim to take wipr-er w ith
us and he did so ; he left s.in after sup
per; I fixed the date as February 27th
by the fact that the lsvys were arrested
on the following Monday, also that there
was prayer meeting at the Zion Chtin b
that night ; the church is a!out one
half mile from our boils., direct, but
about one mile by the road ; do not
know whether I saw Joe the next day or j
not; do not reniemoer seeing Iave on
February 27 ; saw Dave next morning
saw hitn at the barn at our house- help-'
ing to load hay; Mr. Ni.-ely got a pistol j
from J.ie sometime about the holidsvs
somewhere almut the first of January;
can not tell exactly.
Cross-examined The fart that it wos
We.lnisj.lay evening and the night of the
prayer meeting at the church w hen Joe
took bis supjier at my house came
into my min i after the boys were arres
ted ; can not say bow often I bad seen
Joe that week or the week before ; be of
tea came over for supper.
Anthony Ntitdy Live in Ligonier
rowtishin' urn sixty. two eesrv o!.l an.I '
.. .. .: ' I
uate itieii infic an my nie ami am me
father of the two defendants; tuy son
David lived a half mile from home and
Joe about a half mile further ; Pave h.ut i
, ., , ...
a wife and three children ; and Joe has
a wife and seven children ; do not re
inemlier seeing leave on the 27th of
February ; saw J. on that day at my
house in the evening ; can't tell what time
exactly ; it was between f j and 7 o'clock ;
I was in the barn doing my feeding and
when I came in the bouse be was there;
he took supper with us ; be did not stay
very long but went away stx.n anVr sup
per; fix the date by niy hauimg wheat
and the fart that the two boys were ar
rested on the Monday after ; I heard of
the tutirler on the F.iday following ; r-aw
Pave on Thursday ; he came over to my
house to help load wheat, it was early in
the morning just a little after daylight;
Joe bought two pistols last fail at tireens
burg and gave nie one but it was no
good ; he gave me the other one, I
thiuk about the first of January ; saw Joe '
on Monday ; can not say whether I saw
! him on Tuesday ; be helped me on
Thursday, Friday and Saturday : did not :
haul any wheat ou Wednesday.
Cross-examined Did not tell Joe to
boy the pistol for me; do not know j
whether be had any other pistols or not; i
the p'tst.u that I got was no go.,.1 ; I j
think it ts still at my house; I
put the j
ia.-s iiui j.jr S ie are ua nie win- ;
dow sill of the room where I sleep; it
was a revolver, 1 inica a eve snooter ; i
hauled wheat on Thursday. Fridar and '
15 O' fi
JL
ESTABLISHED 1827.
TTE DX ESD AT,
Saturday ; first heard of the TTuiberer
mnrder on Friday.
Ella Menoher Ara a daughter of An
thony Nicely ; was living at home with
him on the 27th of February ; eaw Joe
on the 27th of February in the evening,
between six ami seven o'clock ; he ate
his supper there; I was at the supper ta
ble with him ; he did not staw lon after
supper; know it was V4nsslay niijht
froui the fact thai the boys were arrested
irfi the Monday foliowinir and thai riiere
was prayer meeting tiiat evenini; at Zion
Church.
Cross-examiise-1 Ilid not attend prayer
meeting and none of the dmilv attend
ed. IIct:ie Ni.iy Lire with my f.i'lir;
saw my iin.'ther J on the 27th of Feb
ruary ; it was in theevenin: r-in:iot tell
what time it was exactly, h i it wa sup
per time and we had the candle Vt : h
took supper with tis and w.n there t;n
or fifteen minutes after Fnpper; fix the
.late as Wednesday evenine from the fact
that the boys were anwed on thi Mon
day foliowimranil tlia't lie re was- prayer
meefin at Zion Chttn h.
Crosrt-e.jmir.eil Was not at prayer
meeting that niht nor went any of the
f.imiiy ; it was a damn evening.
John Ii.trrun Live in Lijonier tow n
ship, aliotit oti"-f airth miln from J.?
vt.-.t- . t ... -:.. .! o-.i. ,r
.. ,' ' . "
rchniary; he wLi in my snip m th'.
morning between S an.I oVI.s k : Ijve
Cieetimr, Josetih r. irr.min-1 J !in tieet
iv cre there; fixed a iint hook for
lUvid Oeeiin ; J.s? Nie' came
bfl -
tweeu $ ami ! o'clock: I was t prayer
ni" tin the flight. U'fore at Eion Church.
Tne "i;rr-ir.fE Tt?s the srwn.
thivid Nn-e!y Live in Lijronier town
ship, aliout three miles fr:u I.inuier,
and have a 'a ifeati 1 three children ; have
lived in hou.se wheriI no reside two
years next fall; am 2-" years old ; my
health was very poor ail winter : have
been suiTi-Titi from dyspepsia ar.d heart
lisease ; have been under medical treat-
ment for aixmt six years ; have not been
iu lit condition to work all winter: on
j the 2"ith of February was helping John
Kimmell to saw wood :on Monday Kitn
mell asked tne to help him on Tuesday ;
I told him I could not do. so, as I intend
ed to go to I'itt.sbupgh to see a doctor : on
Tuesday I was sick and mt able M go ;
on Wednesday I was a t home until
about I o'cl.vk, or maybe a tittle after ; I
told my w ife that I would gj over to Mr.
Harran's and if I could get nn opportu
nity would ride to I.igo'.iier and ne a
doctor there ; I did not get p ciian -e to
do so. uad returned home s,n.'thing af
ier o o'clock ; did uot go any ji'..ue else
that dav ; my sister Hattie i-.iiue to the
house in the evening ; ppibahly nearly 7
o'clock ;saw Lewis 1'aint in the evening;
went out to put the eows id the Mahie
and feed them, and on my way to the
boil- Mr. Paint came alonvT the road, go- j
in east ;1 -spoke m Mfff.ttl'Sifu the time
of day ; it was between 3 and (5 o'clock ;
next morning went to father's; helped
him to measure some wheat ; it was
i early in the morning, a little after ilay-
light; iix the Jy of Wednesday from
j the fa.-t that on Monday I was helping
I Joi.n ivimnieu aud on laesday 1 was j
sick, aii'i it was on it ursday ttiat 1
I hel;ied my fa! her measure the wheat.
and ou Wednesday evening there was
rememU-r that Ilattie aeke.1 me if I was
going to a serenaiiiin
iarty tne next
on Mor.dav, the '
night ; I was arr-sied on Mor.dav, the
- .
4th of March, following. Jno. Ranch, Mr. j
ShatT-r, Mr. Citillield and another man '
I were pnsent at the time I wasam-sted; I
n.,t of I igonier in W- lne'ur I
asn i at i.igimicr on i edit. si. ay , 1 (
aain Lig-'mier on the Saturday l f , re .
1 wa" arrested; my wife toll tne to:
come out as some gentlemen wanted to
!m" I '-nt out t the kitchen and j
there were two or three rev I vers drawn j
! on me : J.
dm RiU.h toid mo to throw
up my hands and consider myself under
arrest, they t.ien proceeded to search .
the house; as far as I know they got a j
pair of gum biMiis. a pair of overalls.
. . n a. .... .. l,. !.... 1. - . L . 1
.o, .in.i.i&eo lilt-is, a pass IMS.r.
, ' i
aud perhaps some other articles that I '
cannot remtmU-r, they also tis.k a !
poi-ket-knife from me; I was left in'
charge of Mr. Cauilield ; w e were hand- J
cuffed together; tiie other rueu then
went over to mv t.rol her's and arrest.sl
him ; we cere then tnken to the Natii.n-
- i!el at I.igonier and remained there
over n'ght ; was in toe w iter-chr-et that
lit: 'was in it ,!!,l, f. ii . !
-uiutite or nMre ; witness identiues tbe j
overcoat the patches were placed on it j
the Tiiursday evening of the week l- I
fore I ww. rri.l . it i....i ;
burning brush : it cm -ht fir., in th n-
ingandburne.iahoiecie..rthru.h:m i1
wife nut the rt.-h on Tl,.,rl . ...
ing ; I bad the overcoat on the day I was
arreste.1 ; witness was shown the over
alls: they look like the ones that belong
ed to me; can not say positively that
they are the same; I have seen other
overalls just like them; the witiu-ss .
eienioicu me uoots an t was men shown
It,- -.-,1- If I..., L-.. 1,U .I.j. ,1, ... t
but threw away about a vear a- f
ag: the
w itness was shown a red handkerchief ;
said he had never owned one like it;
fa-it-,..-. . t'o.r, at,. our, 1 I, .. .. . M- ...
, - , ' .. , . , . . . , , ', ,
chief with white doU in it 1; I hud
handkerchief like that or may !e that
same handkerchief; hud it at the hear
ing before 'Siuirrt Itauch ; it was in my
hip-pocket ; at Laughlingtown I a-.ked
Mr. Thnma-s if he would take my pm-ket-book
and band it to Watson Menoher to
give t my father or my wife; there was
one hundred dollars in money and some
rerei.fs in it; one twenty dollar bill and
the rest in fives and tens ; had lieen sav
ing the money ; bad some of it probably
for two yeiit.s ; got some of it from ieorge
Nicely, my father, aud in 1 ie a portion of
it as a sh.semaker ; there was a giMI many
wanding around; I just bur,deJ i: over
to him and asked bim to give it to Wat
son Menoher. The pocket book was 1
then shown to witness. It is not my '
pocket book. Witness pointed out the 1
manner in wnw-i lie coui l tell by the
j mark and the way it was made I ney-
i er owned a pocket tk like that : did I
n ,t tm no the mountain on Febrn .r r. 1
i first heard of the murder on Thursday
i afternoon ; my wife went over to J.y-eph
Barron's to get some butter and told me
of the murder after she got back; have
been in Somerset county only once that
I can ruiember of; over a year ago I
was at I.enry Picking's at the foot of the i
mountain ; 1 was not in ."Mmersel county j
again unt l the day after I was arrested ; j
nteer Heard ot the name ol tiuberger
until afier I was arrested- '
X
fci
JUNE 12. 1889.
Cross examination 0a the 2 !h I
worked for Mr. KiajmeU helping to saw
woo.! with a horse power; I was helping
to lift up the wood ; no heavy work ;
Harvey Stare was helping; bejftu prob
ably S o clock in the moram-; ijmt at
half past 4 in evening ; I jrot allowed for
a day ; 'here was do overlv heavy work ;
helped father measune wheat; helped.
Hzra to husk corn last fall ; helped to
ch isel ont mortese when he waa boild-
ina stable ; have been tanning at home
for the pas? 5 or fi years; plowed, mowed
fence comers some times; binded for
tiec-nre Nicely on saw mill ; am not very
gorsl on a walk ; have lorg le's and take
pretty paid stride ; weich near abont 125
tottirls: am lighter than n.y I r ither
Joseph ; can n t teii how nm.-li tal'er I'
am ttian he ; on a pies would suy 2j orU
inc'ies taller; examined the coat; my
wife tut !h patches on ; all patches were
pi.t on at the same time ; can't sy that
that is tiie handkerchief taken out of my
nocki't at S.juire Ranch's; pocket-book is
not mine : it is not the one I irave to,
I T.ioaia wli 'u wej started for Lijonier ;
i Thomas was driving : sat in front seat; 1
iwt in back nt ; I '.rive Thomas the with a six months' r id child in her aims,
pocket-ls-aik at I.aMu'h'instowo ; there was came in and took their sents beside their
no one else in the rarriiae but Thoma-i ; husbands. Watson Menoher, a brother
and I ; tiic .is I. tsof parties Man.'.in j iu-l;iw of the priners. was the first
around looking at us; don't know w ho I w itnesyt caile-I.
tlu-y w x-re ; Taoai.is is not a ' pa -titular j
friend of mine ; heard him to Is? an lion- i
est man ; tii-re was j ist a round in i
the pocket-book; Thomas put it.
in his vest pocket ; I told him
to give it to Watson Menoher to give
! to nn wife; can't sav that anv
one saw me give it t j Thomas ; I had my
pocket'xKiii for about six years; (fit it
from Mr. John Ijerkey in Lijonier ; I
wore a cap like that ; wore its year or
more air ; I lie'ieve it is my cap ;
wouldn't say it is the one ; may be one
like it; have a penknife; wss at home
the evening of February 27lh ; was
not at Joe s or father s that day ; was at
Joseph Ilarrm's; he livfs one-fourth
I tuiie from where I live, i:i the direction
of Ligoiiier; he is married to my sister; w:,r hvrk ttnt to ,he P1-11 " here Va
I have another brolhea-in-la Role- j n,r b'n cutting wocsl; tbe pla-e
bauh ; Ilettie came to my houe late in j here he ciaimeil to have seen the Nice
theevtdV.ng; had a I.ttle bucket with i y I on the P'; ,1 wt;nt
milk in it ; suppose she came from
home ; she wasn't there very lonn. prob-
ably twenty minutes ; she then return-
ed; we were np stain in our sleeping
.,v.. .....,k.....,..t.
.... ... ..v..,s.. u ... v
overcoat : I first heard of tiie L'mberger
murder Thursalay altermsm; was at
home; saw Joe on Saturday after that;
didn't talk to him about it ; Joe did not
ask O'Connor in mv pr-sence when the
j murder had In n committed ; O'Connor
j did not speak to uie about the murder.
i Lcw:s I'aine Live in Youngs'own :
in February last was living handy to
j Mammoth Coal Works ; have known Jo
seph Nhely for 20 years; saw him on the
27! h of February bast at his home, in the
liable yard ; passed by hi hotw be
tween 5 and ii o'clock in the evenini;
the fence wa-s betwixt tts : I bid him the
time of day and asked how his family
was ; he said they were al! well and
asked alter my family ; have no liook by
which I can tell the time; iix the time
by having been Working onlv two davn
that week. Momlay and Tuesilay.
Cross examined Youngstown is abont
eight miles from I'-ave N.eelv's : I went
to coal works la.-t fall and wasn't away
I from tnere until April: I .was on mv i
way home to get
brother to move
, , ., .
4!iniiP'Pilt Till liri.t It.T - twt raK.ri.d i.n
,, ,. ., . "
, ..
7 , m". '
- ' e" lr,,,n ini-r" down 10 .-ie-
, , , . . :,,,ir- ,t,
" ' - .. ... .t i
ami lots c-r tne b-.yj 1 know ; the hist
tune I saw I'ave belore Ibis was at
.Stone rviiie some time hist year: Mr.
Nicely brought me her,-; I didn't tell
IVter Albright that I di-'n't see Jf-k
Niivly that day ; didn't tell him that be
was paying me more than I could n.ake ;
, '
di.lnt tntvaten any of
lidnt fay I had a piste !
to use on Yaneer ; didn't tell him I was '
i , 1 . I -ii t 1 i
anned w db a handv billy and revolver
f, , k " !
.. j
v m. i nomas-1 was culled ss a wit-i
r the Commonwealth: they asked J
me aliout the i-k ketNsik that had been
given me by Dave Nicely ; I know Mr. j
Camp, the detective. , P,K-ket!sik in evi- ! xtional Hotel.) Made examination of j a little while in the evening; as ne-ar'as f rule.) ; the prisoner. lUiid M.-ely retir-s
d.-nce show n I wouldn't positively say j the land at Sandy Flat w hen we were can tell it was Is-tw.en o and o'. l,--k ; ! f" 'he lifrary rv.m w'fl, I'r. I'.ri
it was, or ttiat it isn't the rrocketlssik I r-...., ). v.. r. I b,,.'. .ir..,.,. ,.. .... i t....:n. 1 h.li.f.n.l -.,..-i .., :e. , . .
I?iv'"n ",e hf I'avid Nicely togive to Wat- I
- j
on Mrl-"-:,',r' ,,M- ,n 1 got from Iave J
S,1'p,-V ":U! more Mt!!r tl,;,n ' 1 j
'1".ln t Mam.in ,he PH-ketlxs.k cic , j
i"1 1 '"o" nKetne one on nie
p.sket!sik !ave Nicely gave me ; lo the j
of my knowledge I don't believe
"''8 '" !-! book.
At this point Mr. Camp was recalled
and said :
I did not goto Mr. Thomas in Ligonier
with a different poeketirook and ask
him if that w a-n't the isic ke tliook lliwe
Nuly had itiven bim : this pocketbook
is the one I had and showed to Mr.
Thomas.
Mr. Thomas res-imed Mr. Camp drove
( tip to :nv livery stable and called me out
said: "Bill, here I have a pocketbook
that I want to show yon, to see whether
it is the one I 'ave N ii-ely gave you "; it
was a different one from this ; he didn't
show me this one ; he bad two pH-kit-books
be showed me; I told hitn they
were not the pKfcetbooks: on tiie day
these men were arrested I went down for
Miss Stearn and Miss Horner : Miss
Steam said to me that she couldn't rec
ognize the little man, for he had a mask
on ; she described the apH'ar.ince of the
two men.
' ross-exammeil There was a voiin
man in the
buggy with me ; I don't
know who he was. or w here be is ; don't j
know whether he went west; Nannie i
Horner is the little girl who was in the !
earring-
don't think any one was by
w'l" t'amp shoaed me theprx-ketlsKiks
1 D,11'1, n" "amination of the pis kct
.""' ' "
7 " ?'tin 1 r " f'T I
Menoher; I told no one that I had the i
po. xeioooK ; 1 pc.c it in my inside test '
...... l... .... 1 .11.1 :. .01 T 1
VV tv V xr r ...
it to viatson Menoher ; I told you i Mr.
Cessna) that I could not positively say J
... , ' 1
j
i
Watson Mvnoher-Mr.TFicmas hard-
e i m" Is ket book ; this is not the" i
l" "-'-iiin rauaoeu 10 me oy j!ii (
Thomas; the inside was not so red as j
". 1 examine.1 it and Know ttiat tilt is j
not the pcNrket-book. '
IT "I 1
JuL 01 diUL.
Crosw examined I am a brother-in-law,
that' right ; I took the mony oat
of the pocket book and pnt it in the
safe at the National Hotel; I didn't say
that I took the money out for fear I
mioht get into trouble : I told Mrs. Nicely
i the day I took the pocket-book op what
I had done with the money.
The jury were given in care of Tip
staves Miller and Sufall for the night and
Court adjourned to S :?f Wednesday
! morcinir.
Fnim Thumtay moreiiifi's D:lv Hkxi.d.
Although when Court adjourned Tnes-
day evening it adjourned to meet at S
o'clock Wednesday morning, it was a
quarter of eiit when the bell ran.; and
the surprised attorneys, witnesses and
others hastened to the court rot in. The
court house clock must be out of jpar.
( It needs reuuUtiaz, at least. The Sheriff!
! and hi d-pnti.?s uaarche.1 in with the
prisoners and they took their accustomed
i seats at the table with their counsel. The
j aged father and mother of the prisoners
; were there, and iu a short time Mrs.
t Joseph and Mrs. I'avid N ice'v, th latter
wEi!.frAT !oi;n'.v; sr. Mt.
Watson Menoher recalled I ha 1 the
5it) in my jiossession alxiut two days.
Crrss-examined Showed the pocket
book to (ieorsre Nicely.
George Nicely Live in Ligonier; on
Tuesday March i last, Watson Menoher
and I went to Jennertown ,' on the way
over we met Mr. Thomas and some men
this side of the mountain; was present
when Thomas handed the pocket-book
to Menoher ; saw it azain the next nmrn
ins at th" National Hotel in Liifonier:
the pmket-book exhibitel Ls not the one:
! ptesent when Lewis Vancer testitied
j Wfore Judjre liaerat the hesrina on our
lown to the stump and the others stayed
"P on ' Plk,! e"al oni.v Pllrt
the nike eon!,! onlv se a ivurt
" lMr "Hlies ; at the etist end t the
1 "Jt Ci ,i'1 on,-v a'xmt one-thint of a
I liian's Isxlv : otiier rcaces could onlv sr
, ...... . .".
ton rt tiie'r Inel. s son-.e r ns e,in .1 t.,,r
see ar.y part of a man's body ; i-oul l not
recogn:.e any one.
Crn.ss-exumiuation Am a second cous
in to th-t Ni.!y boys ; I saw the jsxk
etlsiok handed to Menol.er by William
Thomas: I saw it again the next morn
ing at the National Hotel ; there was no
money in it; there were some papers in
it: some tax receipt): do not know what
was in it when it was hand".! to Meno
her as Ididnot?ee it at that time : w ent to
examin' he ground mentioned by the
two Yar.eem in their testimony w hat Is
called the Sandy Flats; there were four
or five stumps ; do not know from what
stump it was from which the Yaneers
claim to have seen the Nicely boys pass
along the pike; the track was in the
middle of the road in Febroary ; Mae.
Nicely was along; he is a baif-cnusin of
mine and a full cousin of the.lefeudants;
also Jas. Barron; he is a brother-in-law
of the defendant's ; William Thomasand
I s.-mie others were with me
Mac. Nicelv
and I w. r;t down to the stump to look
up : d: I rot have any instrument to
j "v-1 5 " n.ty-uve steps tn.ni tne
.1 .
l,ke r.eani s-.imp ; 1 step pretty
lorg : there was at least lilty teet of tn
i l" the stump to the pike;
esnnot tell what dav it was when we
! ... - . .
w t-Pt mere : it was a ,onr a irrr r. nn,
j l,a:f ago : I have helped to work up the
j M, . suhpo-naes! some witnesses; was
nVrr in Ke !f..rd ..untv to see a detec-
jfjv,. .j:.! not if. along witii Lra Nicely
j to Mark's ho:-se at night for the purposi-
i of makimr some invesfiition : went with
Watson .Menoher on Wedn.es.biy evenin-
after the Nicely lavys wre arrested.
i.w.i;r..r ,i,.i
l-ef-re it was
.-..v.- (,.o.-.n e
. ,.,,. -r , . .
banded to ats.jn Jlenoher; I I
ave
seen him have that poi kelbook for tiie
t...i r, ... . ,tv.
i,!,.r,t;fil th miwn xhlhlul in rn,ie
being the ones that were in the pock-
eti:k , the t;me he examined it at the
s- ,-'.. t o.. ...c i,r.!iu .s ;
Ju,!, Jlaer ; the dav alter the bearini : :
e examined the stump nearest tbe j
road ; ti e pike is about forty feet wide i
at that point
i v r.--.-e.unuieii i uiu not measure
. T I T .1.1 . - .
the width of the nike.
Mrs. I-'.Ila Menoher, re-ralled Then i
was - pixketlook banded to me by my
hus!nd. (The witness wias shown the (
pa-ketbonk and said it was not the one. j
f examined tbe piyketbtHik when it was j
handed to u.e; had seen my brother
Pave's pixkctbiMik U-fore; this is not
toe pv ketbook. '
Cros examined I looked at the pock-
etbisk when Mr. Menoher hande
lit to
me, and .tls !i,ke! at it the next day.
K'ia. !, i.trS,.r tl.- r.k.I .1. !
- I -
that was brought lo our non? t-y at-
son .Metioher. (Witness was shown the
po aetuoi i. exniuiien in cucrt an.I said
it was not tbe same one ) liad seen
Itave's p.xketbk lstfore at dint-rent I
iiuits , ii iiuu rei-eipia ami a lew ouier
paj era in it ; that is rot tbe twketbook I
that I gave to the otticers. I
Cross-exaniined Mr. Ranch and two
.. . 1 1 . .. I f I 1 1
oniei m.-ii nrre mere wueri i nan'itni :
the porketlws.k to them ; when I gave
them the pes -ketbook did not say that I
had seen the pocketlssik before : never
iieine.1 mat tnere was a tsicketisxiK in
.t': Uia- t in th- wti,.i,., v. t
thev rute in ; Mr. Nicely railed nie into !
the roopi and said there were some men
there and they wanted to get I'ave 's
Msketls.k ; I went op stairs an.', got it
...
and bunded it to them.
Re-direct When I handed the book to !
them one cf them said they wonld take
a to Lisomer to show it to Mr. Thomas t
"' ouM then give it to Watson Men-
ohtr to ,!rin., Wk. !
Cross-examination They did not say j
f tbat iC ' t""11 ODt be WwJ Ptket-
i, ... , , . r
000a iney wouiu return it. 1
A. A. "icely, reialie.1 I was there i
when the pocketbook was hande.1 to the j
officers; I think it was Dave's pocket- I
b..k. fThe witness was b-ri shown the
nr-kt.k exhibited in rt an.t M !
jt ws n,,t pav"s pocketbook. This is
not ,.e fcetbook hande.1 to the of-
fieer : they promiseJ to bring it liack
. "... .w vi-:.,- ..
Enid they wanted to show it to William
WHOLE XO. 1078.
Thomas to see whether it wa the pock
etbook that Menoher handed over to
him ; said "they would tuen give it to
Watson Menoher to brin,t back ; they
did n 4 return it.
Cross-examined IH.l not say they
wanted the pK-ketVsjk and if they found
it was tHive's they would return it ;when
they came there I aVd not ta ll theiu that
there was no pocketbook there ; they
asked me if there wa any money in it,
and I said there was not ; said I had the
money after Menoher came in : there i
waa Mr. Ranch, Mr. Camp and another , chiefs, she was also shown a pair of over
man : thev al! three came back after ten 1 ails exhibited in thecourt ; lie hada fair
or fifteen minutes from the time they
left thetttst time ; Wa'js.n Menoher came
liu. k with them : I had the money in my
p-n ket ; told them it w;:3 purt mine and
part I'ave'j; cannot say how much I
had ; n mtht have had i'.Vl to in my
own jxx-ket book ; V'atson Men-dier ban-
i ded nie and said he had nsHlflO;I
! have never denied havimr the inouey ;
t when the otlicers came there I denied
I that the money was in the pocketbook.
Re-direct -When the othcers came
j there and asked for the p.-ketbook I
told them that it was in the house, hut I
did not know where it was. but i-ould
find it for thim ; called Mrs. Nice!, and
told h.-r that the gentlemen wanted
Dave's poeiietls.sik ; st.e went np stairs,
brought it dow n, and handed it to ne of
the olhcers : I denied that there was any
money in the pocketrook ; when the
pis-ketbook w as bnjt.iiht there, there was
no money ia it ;that is what I said.
Cross-examined I pot the pockethonk
Grst ; cannot teil when I trot the monev ;
it was some davs afterwards ; Mrs. Men
oher told me t;;at Watsi.n brvight the
pocketbook ; Watson brousjht the money
Hexlirpct The poi ke'.!x.,k was not in
my possession, but the money was.
Sarah Barron Live in I.igonier valley
a quarter of a miie from Anthony Nicely;
am wife of Jos-ph Harron; was at home,
on the 27th of February ; saw Pave Nice
ly on that day ; he came to our house be
tween 1 and 2 o'clock : he was there, I
suppose a'f tit I hour and then started
fr horn ; did not see bim a:n!n that
day; did not look as if he was well;
n""le 'n,uiry its tor ream to Liri..mer :
be askiM me lor sirie tintter: I told him
that I cout l not .give hir.i any that day,
but that be could aet some on Thursiiay
evening; I fix th dav as Is-ir.g Wednes-
i .!.. ,V. ! ... .V 1.
r:e anrsiri,
His w ,t'e ran. f.r the holier the next
ay : was at n.y father's house when the
pocket-book wus taken away by the offi
cers. Witness was shown the pocket
book exhibited in court and said it was
not the same rs ket-liook that was
handed to the n.'iicers
Cmse. examined Live about one-half
mile from Lave an I further from Joe';
know it was Thursday night when Have's
wife got the butter, because I know- I
chained on Thursday and I told I'ave
he could not .vt any butter on Wednes
day ; was at my fattier ? house when the
jss-ket-boi'k was handclto the otlicers;
they had both pocket-books in their pos
session and I was setting . lose to them ;
I was there w hen they came and was
there when they left; Watson Menoher
came Lack with them after they had
gone out ; I was setting bandy to the
window and not over in the corner; do
not know whether I lave seen that
Iocket-hok which was exhibited here
in court until I ca ne over her-; I do m t
know wiiat day tiie pocket hook was
handed over to the court : do not know
whether it was on Monday ; I saw it one
evening this we- k at Mr. Coffmth's ollice;
John Menoher, rnv father, my mother
i ccorv Nicely and .Mr. Thomas were pres-
eut; think Mar Nicelv and F.ra Nici iv
j were iliere; do not kno y who first d.s-
j cribe-t the p.s ket-lrri.k bel..rging to
' Ive ; heard ii.rv XUr describing
j the pocket 'ss.k ; it was not from that
I I if't n-y discription of the r-nket-
I l-k.
i Re-.linxt When the n.-er. to. t
'the p.Mket-bis.k
they said that they
i would take it to Ig-nier to show to
! J,r- nomas to see wbettier "t was toe
' l"x '"'t ls k handed to him 2nd that
they would return it by Watson Men.r
I her: 1 de-cnle.l the tsx-ket-b.s,k fm.n
i D'.v 01,!- knowledge.
i Hcttie Nicely-Was at home r.n the
! 2Tth of February ; was at I'avid Niceiv's
- - . . - - .. . .. , 1,007 ,.jr in::
4nd apple btttter : I was milk! t.,1.1
her that when I was thr. ugh milking I
would hr.ng the uiiik tin ; saw I'uie; be
was sitting inthe house on arockingebuir
I.n . 1 :. ... - .i ... ,
'j ine-..o.e, khow ii was me iv.sines-
'lav before he was r.rrested : was at boo-
when Lhive's p-x keth.-s k was brought
there ; often raw his p. kelhsji k ; was
there w hen the otlieers came there.
vV'itnesw examined the ps ketbook
shown in court and said it was not the
pocketboi.k.! ne of tl.e ii!.cer said he
would take i! to I. gcni. r to show it to
Wm. Thomas t.- s.-e if jt was the ime
one handed to him an-! would then send
it ba. k by Watson Menoher.
I... r .. , ...
o'i, eor jary i.l ,ront iiii- fact that tbe i
bovs were .i-.rreste-d
to next Alondav.
and know that it
was praver roceting
evening; do m..t think I stav.-d at Dave's i
bouse more than ten minutes.
Catharine Ni.!v X..i we'or rid.-;.t
Ni,-elv
was at home on the 27th of Feb- i
ruury ; my husband was at home i
I in the forru.s n : went out after i
dinner and as nar as I can tell got iraik I
i. -s i . . . , ,- .
.. -ii.. ...us , i,e lii.j not gt j
out again ; I went to his father's shortly '
after he came hone ; I went fir ap'-le- I
.1 .t. , . v . . , , '
; 1..., ,11 1 .1.. ... ... ,. ... , !
. . ' h
1 ', . .? ', ,', . "' " j
t 1 .u . u ... v- . ..' - "C, i
1 ' ., ' , , , ,
I Wttll th nillX - mv hi). Mii.l di l n..
j .,, 1 ' ',K - ', i
' awav from dome that evening ; fix the '
i, ' . ft. . '. i
uav as be nrr the 7t 1 of f eiiruarv b,sii i
I, ' " , , , -, :
I know it was th.
... ueio.e tln- urrerH ;
and I know what I done every cjr tiiat
wwk Ufore W.ln.!av ,n-r th hmte-
Thurs.lay evening from Mr,. Barron ;
ra.;. w 't r...xr. u-;.. -i
on Monday: he was home on Tuesday ; ;
he is not a well man, and has not been
T . ... . .
ever in-e i Know mm ; ue was sict on
Monday night ; oa Monday I washed, !
and ironed some ; on Tuesday I baked ; '
on Welne.lay afternis-io I irone.1 ba!- 1
ante of my clothes : Monday I wash,! '
and done n arnne .hirt.an.l '.)'..- ,i;.t !
Eot make any special prparat:on more ;
than that ; I did it bersuse be was going
to Fittsburgh ; be was sick ou Monday j
night aud was not well enongh to go ; ho '
sas not very et!'n Tin -i..y ; i e w
not Very it I on We-L;t s-iay ; ii..i t ot
jTt any Hie'1-ciae on Wed:.e.'aT ; !"-e
aent over to I'.irr.in's and -aii.e tack
a!sat ti.rtf; o'clis-k and was t I.on.e thai
evefciuir : on Tloirs-iay ev n:t;; I went
ivi-r to L.irrou's to -1 the t-iii:.-r ; n y
liUst-and was at his fati.er's r'.ii'-l.'y
ti.orn.nw' ; iie left al out :n-iip ; he was
tvA. ipinc very loin; ; aisjot half an hour
or mayl more ; my busliand wasarret
1 oa the foliowinir Monday ; I patched
his overevatt Tharniay olht; I kno
my h astiund's pu-krt-NK.k ; be has had
iteversincel knew him; itn-s was
shown the pocket-book exhib.ted ia
court aad said it was not the pocket
bock ; I was at home the ilay he ws ar
rested ; witness was shown the grayish
colored overeowr, which she identified as
bilonirr.i to her busiiacdj ; I put
the patches on thefover.sj.at Taur
dsy evening after I ca.i.e back f-om
Barren's ; be waa arreted on the M ind.4y
foilowir.ij and wore his cut when ho
left the buUJ-C;atltbe time ;f h;s artet
it was hau't ou the wai! in tiie ..!. U-n
I put the patch on in the front an I one
on the inside on the lining: witne.-s was
shown a n iailser of red h:uidken.-!ii, .Is
that bad been exhibited in court ani
said that she could not ti-ii anythini;
about the haadkerxhie's, an 1 tnat her
hut band had a tfrvar.mauy red h an dker-
of overalls that bioke.1 he these ; they
may lie the same ones ; at the time of o ;s
arrest they were in the room taat 'ue
called the shoe shop ; they were thrown
with the dirty clothes; w;tnes was
shown the cap, an 1 su.d tiiat her hus
band had not worn that cap for more
than a year think it is h s or ore like it;
the last time he had worn the overalls
was on Monday when he salved w.j1 ;
he took them orfon Monday evening af
ter h came home and threw them int
j the dir;v cl. 'thes.
i i
I'lt'S r .ti UN ANY PlfE'.iS.
j Cr.'ss-examned t washed r 11 M -n-I
ilay ; was not my reg.jlar wash day;
any d iy that suited me wis my w:ih
r day: he had the overads .?a was the r-a-I
son they were not washed; know John
She Iron : lie is a brother-in-law of Jo
pti's; his wife owns the property we
live on ; lie came there on Wednesday,
February 27lii ; saw hint in the yard:
I didnt teil him that my hMxIatnd had
gone dow a the Vailey n ith .eor.-e Ni.-e-!y
to buy some titnlier: I would know
I Ian in- r Cauitieid if I would see hi'n :
did not teil him the day f arrest that I
didn't know where I -avid w as from.
Wednesday till Friday ; heard of murd-r
Thurxlay evening; was there when
Cautlieid had Ivavnl under arrest: I
threw something into the stove: it was
a bunch of rags and nothing else ; tliere
weren tajers in it; if there were pa
pers there wny didn't they get them ?
I'r. Hrubaker Am a prac'a ir.g piivsi
i ian : live in s,n:erset ; !iae been prac
ticing years; have Wn attending
I'avid Nu-ely since the llth of Mjn-h :
found him sutfering from heart, disease.
iThe doctor pn!ucea a diirgram of ti e
heart and explains tiie heart a funciiocs
to th inrv i K... Ki- .1; ... I
j
"r'J' 'eilh ha given awav as it jlwivj
I the left wall of his ihest has been
very nvich bulged out by the increased
action cf the heart : the heart in heaitlt
is usually the aue .of a person's ri-t ; th
wall of tiie chest on the left side is bulg. d
out to tw ice the trii kncs u" n.y hand ;
when he is in a sitting piture his bet rt
beats s-J per minute.
What effect w..uMj violent -;eri:e
Ii3ve upon his heart? was asked tie
witness. In reply he star'ed in to de
srrilse several t;-sts he had made. having
the prisoner run up and down stair, etc.
i Objected to by Mr. Cessna.!
I made a test of his con l.tion ; my ob
ject was to test his capabilities for phys
ical exertion; bis disease has certainly
existed for some length of time: it would
lie impossible to say how long ; fr.ni the
appearance of the walls of his ch-st it
ha existed for several years; men w:tli
heart distsase van do ordinary work is
well a-s other men : ills running r fe-t
walking that affects them.
( new examine.!. I first raw I'.r i l
N'aviy on I Itli March : I'r. M.ller. of Lig
or.ier. ciile-l and placed him under my
professional care: he vom then in ti -jad
; I am not the regular iail phi
"ear. u.sease may come a man with
a great deal of suddenness a ner-or.
effected with heart ,lise:i..e wrtnevang or
j CJiumitting imir ler w n;!. probably b-
-' "r- by the menial exeiter.iei.t.
i - visited Hail.! Nicely t or tl; ree t,-s
i fr sio.- I t.k charge f h,,
I I was treating hi..., f,,r ,., ,... ,...:."
I as we!! as for heart, troii .'..- I l, ...
I tionel the patient as to b
l,et.
lij-sire,-t t is orran
and not functional fh..;
re heart diser.se
I'avid Nic lv is
lime that I en r
suffering from: at no
visited him did I find his heart le;it over
S4.
Counsel f,,r defense ask that Llmd
Nicely 1h all-eye.! to exhibit li s naked
Chest t.l the j-irv. i.i,s te.I to arl
j ----- - -. . . a.j i e :,I oi s Lj I s r.j k. u
criest to :t,e j irv
C instates Hilton a:i d , ,.tt ,
sw.,rn. and the j irv given :-;,
their
Coll-
charge : Judge
stables atiou: sr
iiier cautions the
akmg
r allowing any
one to speak to any of the j'irors and t-ils
them to ! e;eciai!y careful that th-y
do not get to see a Somerset pijn r
Court adjourned t il l:.V p. m.
.IFTKKN...SJ tsi.:V.
Court called promttly at half-pc-t 1
o'cl.s-k and Pavid N:n-!y nsuined his
seat on the witness stand.
i .
I , . ' ' '"" v'' ' f!';U !
! ;-"- "'t-rc-at on ut in., bearing ut
1 r-;'i,re tvauct, s
I ,. ,.
I ' " "'." -r IV 1 pe-s .
,-sti.rd
w ith a large map ni i,;s I sh. wi: g
conntry a!..r-g the pike fr.Ai, Lr,.,,e-X. ,,
to Ligionii r and from there to the Ni, e
ly's home; showing l.at. n of .!..rrrt
mads, etc.; sahl tie had no -r-. r.il
kn..wie.!ge of th ,.0oj,try I nt bad n.ade
mapa ir mi atlasses and fmt
,-er-
Mlid
s' it.mi trial section loi.l him;
there were no distances matke-i n
map.
Commonwealth's) court! oj,. t.l
to
a-inussion of the mup snd tl
W it 'less
was withdrawn for Ihe pre-, p..
A!!irt C. Br.nhii r Live in .:.:
' - .'M.ur.tay at', r
m . , . . . 1 v .1 .. ... . 1 .
the murder ; he tU me he an-! Ia..i w. w
nittir- timlrer on "Sar. ! flat ' and -aw
two men pass up th mountain that .lav;
. . -
"afl he cmd only s.-e the to oftbeir
i. r 1 11. .
beads and could not rt.gm.e tc,,, from
...
wiiretti"y wrr. but thought thev
i-'s's. 11 L,KK THE Ul TTTft KoVS.
JaiiKs Rlciiardson Live in Ligonier -ktioar
Iy,ij Yur.eer; after the report of the
t'mtierger mnrder; I asked hita if it was
'r'Ie that ue Lad seet. ,j men p- up
"'ounta n that lay ; he s
r...i. 1 .
sael he m ! reit
---' ..owu ue
1 only see their
aud shoulders.
Cross-examined lain was 4 ur.'ip!i
away when I was ta'kin- to his fat her - I
don't know where they ..,.t t-e ...1,.
in the l-fi t ..-.1.
or leieis; I didnt go to the stump they
bad hvn surveying the day bfon to
iff tm;M rerttguie anyone ou the pike
from tliere.
TTU