JUL terser HeraHj;:;:::-; n. n Vjr: SI, !. s t ri.-'vV-r 4 Siiy.ier'i. trusses at P.esecker 4 Si.y- i a ; .". rs at L.eseeer & I .- ,i sease is cffariinjf the cattle . ..:t nwt-ship. Westmoreland i ".Vsvt. bottled, recommended by j .j. to be had only at 3iesecker & f oa-li z. the wife murderer of -.: has b--'n sentenced to be hung i- "L-l. .. ,. and apple blossoms re to be ,'.nw Vi e tree in the orchards of , n;,.,-, 'hat blark walnnt prove, j i r. would be worth $JCyx) per I do yMi know it is time to p ! .v-e that V'cr narce is on the ., ..,f-m!,T ih. i r. -v'.or. of Ijfbannn, has a rinp .;.e has ke; in the same ca-e ,:.:;. -f.ve ytar. -.r."er. of Westmoreland eoanty, t ;n-.-i..n on Tlmrsday, (rranLnB a ; t. Krai.k lUer. ,-r', of irmanent street improve , -j ! y "nward. notwithstanding --..-.re of the eli-men'.s. Wit! at I'.iesecker A Sny- re. The or.'y place in tn J n pet this delicious and cooling j -t ini'tia' fiiir of the Westmoreland -ulfjraJ and Industrial Associa- i.,id at (Jreetisburj, October th . -in minent draw'st of Washinsrton ;p.!i.-te.l for selling lifj-ior without a-., ill be tried at tLe present terra , K ..S.-ik made of ratiiesnake bide. w repu!ie to ladijs that they j, is t.aring a larre aale aruor.j . r - n in .mc sections. . . j r i:!!'erf 'it money was f.mnd by . :. ; i'-i-f-" 'hwn ati old hce in ,- Ti'' ciins are relies of a band r ho oni-e o;rated in that . -,,r c r,-;.ir. of Pnton connty, W. . s "-.i.-ther V years old, livinp in A 'e yonder receivtj a letter from , - in hu-U he says he Is in eood r. land a laryte rmm'icrcf pJ ! p wi'.i s.-".', in q:iant:-.ie to suit t .... pr;,, Tery reasonable. Yard j 1 1 a'lit'-C m:ii. H 'LtEOOK Eb'"". 4 Paeh5. :' ri;bt. a fl-mer of Vestmore-i- ,j Mvered a hornets" nest in ' I it i:;m the plan of burning il' ! arvet for this year was The s is f3.o' with uo in- --' r. .'.ir,L-er new appers as a poe- - r. the re'ipious movement in y. I.!n:i.?i.i dc Prvsser.-, in an ar " - i m:.' for p-ptemlier. in ... , .,vri -h- 'rineral s relation to ..f:he"ati.ol':r party. : . !y Peter Flynn. of T.ed . . . 1 ("o'.mtv. lalely chewet s il bill. The Table of the ; :. ! h tiiati that the fupment s--c rc ?verd by vivisection, and v -. i-..nud ty the treasury ilejart- - -a.J to be rotllt p. where the i-e I:: i..w irmund, fr.im t)iefre.pient . li.llr 'lu up in many C. ld, ..r ..':- to he Sotted with decay F r-navly, howerer. this is not ,i i a pnrl cn'p is eiie.ted, not- r.i -''an.', county farmers are a'.arrc a , ai '. -,ie that has broken out f.V it: several localities of that T::- ca.- is known amone veter-r-mf as a 'i ie of Teas fever and r i that it lias been transmitted . b-:n-i:ip of a car had of western .to ::. ci-':r.'y. Wanted 1 ! Fir, I w.1! pay the hiphest s- f r a.i kinds of hi ie. tts and .. --i:it '' conis of k ak and I' :.' or ! wanted at ot-ee. i e st my isidence. in.UK-.li-s of the 8. i C. Station. H. G.CcxarxriHJM. Wait for the Eest ; --r 5.:.-!:tr.;iip P.' -A in the market, .tv lu-Les surface. There is no lt n.a ie. it. J I ill s 11 at prices within '. f ali. Those desirinp to have t.jr rut eeted araint the fearful t '- i i ::- at pent cow, should send in once. All work guaranteed ' T r no pay. The only protection 1 ti.tn.ng. C. F. r.:ioAn6. It-.T i'l J j'v 8. 1-vStl. ;th Fork Fishlnar Club Suits. H. 11 Ho) . of Pittsburgh, attor-::.e"v-i:ii Fork Fishing Club, when -t t ..inihjt1 st::ts by a report-r a-'d ' N i. there has not M - :: yt. and I do not see, as I -'. !-f:re. what ran be don. The ' i'iw up f. r trial until next '.i'v n.me cri the-i." When ask- :. k tiie suits had been en ,.f iuti-ary )nipniise. be it ;: ,t; Le no nt roraise of .f':.-nur. The la-.-e numler - :i iia.e been twept away r '' ; ii'-i-d their side of the !--lie opir.ion. Reminders. '" ' -'! Flour tltiti gives entire " n. - "ttt fai's to please. a.-'. Java, and Stag HraiKls nuasled ! -r.iy in t-c'k.bfst tbem alL Karti. Lreakfast l'wn. and Ijush .n the market. i.ap Putter, atid Prownsville -., a:aT kept in sto. k. - ...w ": . ti t mim, and Ohio Swiss ' "!.!.) sisi iaities at our Store. ' .r. tanteb.pe, Sweet Pota- ". 'rt:;. fe, cliiljr and weekly j K A Lrxktrs. v '' th Ft. i'.i run ?-:ial traii.s a::!: f?-:m,n of the I.u!i:erar.s ' .-.cry. to be '.eld in Prart s "rst pn Thursday. August "'s .ii he hjA t it,,, .....in,. i r.i irip: Ttir. RATE. .a . m. i . IV ... W ... "i ...?M .. .'! ...b.l' ....."..! ...m .v; 0 i) ....!.-; ...!;3 ... .7.) I f 1.15 5 . .75 . .! . .45 1.15 . .75 . .m 4 !' 13 " .. ..i.y - . ...5 to rsr "' L ? "; l"'! " ' .-.:- in n i r J50 j M i M j I ! tn.n win Ve sionierset at 6 00 1 - 1 A. M . rr nre re- : 1 -v "n?. d.-ra ; - ! I.J A 1. V v M.n.r- i --el tuner bo me r -it tu fi lends (.'rfpt. j-.nr it i is-H dau a a i.t'-ii sl.itii CO ! C.-.-t it 'A;;. '..TO-;. i.t a . .-- : .. -c '.ii.i t ; re : t (-7 casta I". it. I-.-t.-.a ii M :! iJV il: lay "he Urr, i.i lil was 1-1 e. i t.mi ti-CvV. H'.l --;.! ivitilr lay f i !: v 'ar s Larvest ,. .i.:. The ti.-e cjQj'jjsti. The t.. I... i i ei;t !,,' ::l caused by spomamsj ss 1 is is e muted at f I T:;e contrart or tnti-.tij tb Fimt y'Jon al Dink bailing eirf- t J3ob F. Pile a raettini: of t!.e ba iling cunirr.i'.it sai urday tveni;.i. TLe wrk is j.n-?n sir.g rapiiKy, an-3 it ic i;efttl tlia: the tmtliig Vill be completed tf November 1st. Iier. Ir. J. t.. Ii: t .r. Chajaii o the U.S. ."v-nste. has U;i tbe gae-t of Lis oi4 lime f .-ni Dr. Utnry Irjlak?r the pwt week. Dr. B.iUer C leJ iU v. ti;ieakrer' jalpit in the Lutberaa cLbn-h Sunday morniiiij l (.r-eteJ by a larre ac aiU'recintive anJi- Jvhn IL S)tt, K-j.. came i!i;o the FTtRiLn J ot!i Taeyisy afterewn aTmjrnied by I two handsome yonrc ne; hews Kingr.ara. j s.n of A. W. Scut, and (T.Rs, son of V. i C. Scott, both of Cadiz, ui.'o. Thex ynanjc men are Jyit;g a T::t to the hirthp!'.,e of ti.eir j.aren- and i'ro;- MjenJiflij several weeks la the cuur.tv. Mr. MiiU'n Hai:)t, wL" was rw.-etit'.y elec i .rinoijiiiof the U,w kwood public. "x.hcoli, was brought to his hone in tt at p'ai one Jar last wk, Mifierir.a frurn a:t attai.k (( t tvi.hoi.l fever. Mr. Jliines hid been en- a vv(.:nv,.r (vrjv. ou the new tt::Mlt Uuiidir.. near Cot.tiaew. lliscon- d.Uun is co i s'derid very cr tirai. And-ew Parker, son cf Mrs. E. D. Parker of this place, ha been elected cashier of the First Nation Bank of S.m--iet, Pa. The Utnli of that place says very truly tliat he " is a practical fcnsir.eM man who l;a' bad a larjre at.d varie.1 exfxrience in the banking buMners. lie is aou-t'Oi:s )jx: tieman with whom the patrons of the hi'i:k will find it a pleasure to transact buinea." Lcu-jrfjtr Mr. Jams Long, of Pittsburgh, who has been spending several wei s at farmer tl-orge Ta nittir's cori, one day list e k dis trilmtM T" '- tri-nt an:oi the d.ffcrint tnanis tn.p'yinp into La.uel IIul creek. The tiah were o' taincd by Mr. Iajrg troru tlie Mte Fi.-h Con.n:iion, and ten or f.ftin tbf.:-arid of tl.eru were k Tavcn, S.xitiar.d, trout wLk'u Mr. lair.,; bt-!ievc? are the f.rst !ih of that jH.:e to he j.ut iato IV liiisy Ivai.ia treaT;)!. Mr. William lVV-r, of Stiade township, on- 1. 1 o;ir i .i::i'y s wtaitii.eti -anu rrnst vcttd farniec, ditd at his home near H .verville , n S.K-.day !a.t. Mr. r.-vhrers I re;v:vet an at.gracioas kick iu the breast ! fro::i a vici..';i horse seve.-a! y-ars apo, from the ttf-cts of which het.evtr recovertl, and which was doubt less the cause cf his death Mr. K xlireri was a sou of David Hoopers who died uftcw years ao at the ape of years, and was well known in this eomnitir.itv. Major William MjRitilcy. thi famous Putiieve Ct p. snan. will !:as li-en the pivst i f Dr. A. J. E:ii!tY for the pas', three meeks, left for hia borne in CanMri. bio. Monday evening. The Major was the ob served of all observt rs whenever he aptieareJ cpot our strtvts, an 1 handrels of our stur dy Republican "fr'stv ofihundcr' jou-neyed to town merely tocati'i a glimpse i of the pnjtect vetariT champion, with wli( j r.ame ail were lauilhar. and h.ose hand all j desired to grasp. i t Yesterday, while workmen were cleaning out the ee'lar of tiie t.-rmer residence of U. F. HofTmari. the liatkman, comer of Vine : an ! Market si "wis. they unearthed a lot of gold coin. hich, when paihered lip by Har ry HorTman, otrt' 'A lite sons, who happetsl to i piesert, was found to amoant to il.oJO mostly in twenty-dollar piei'es. Mr. Hoff- man had the njoney in a box in th house when the ti Mid came, but it was nearly all i ont of the box and pretty well scattered when found. JAhMiwh Tr'J.-unf. About 7 o'clock Friday evenlnp. j-ist after farmer Tayman and his guests had finUhed their eveuing rneal. aal were enp.iped in pickinp their teeth on tiie veran'la of his picturewjue little rr.ttapc oo tiie hi'.! st of town, their attention was iiid.iet.iy attracted I y a bright t ttpue of ilime snpr-'y eating its way thrraph the i''f of the bam stand ing on the .pnh-i:e side of the pike. The barn was a seetfiini ni.iss of fire in an in stant, and it was with great tiirSculty that j the farm inip'.emi-nti that en? sbeltereil on ( tiie !irn floor were rerTioveil twin the b:ins iv.z huildinir. The barn was crwdel full of grain and hay, not a straw of which was saved. Mr. Tay roan's ! reaches in the nt-iphborhood of three thousand dollars. Tbe fire was undoubtedly caused by spon taneous combustion as no one had visited it during the day. Cliambers Huston, one of the oldest and roost ntspecte-J residenta of this town, dieil at his home after a briei and painless illness, Friday evening. Mr. Huston died in tie house in which he was born, a little over eiphty years agr, and tn which he lias con stantly resided. Pnhat;!y no resident of the county er. joyed the friendih-p of more of the county's triple thati did Mr. Huston, and certainly none were more entitled to their eoioi lene. Vprlght. honest and jut. his character d.-tnat;.hd the repst and esteem that as alwais s.iown Mm. l-ar.y in life Mr. Huston lcame.1 the cirjienter s trai and puisued it until a ftw days pn..r to his death, and hard'y a bamiet in the county exists but that bears witnei to his handiwork. He was a Ciiihfu!. earnest and consistent nreuiber of the lit--'p!e's Church, and Ilhler Connor, who committed bis b"iy to the earth i.i the still twiiitht of Sabbath evening, paid a jujst aud feeling tribute to bas worth. A parrx-1 of city lailies who are summer ing at Mrs. Parker s. Sir want of entertain ment, or through curiosity to see the wheels go round in a criminal court, were conspic uous visitors in the hall of justice during the anrnment for a new trial in the case of the Nicely boys. Tiie acoustics of Somer set's court ro.nn are o erfect that the -iiphtest treraor of the vohi; is audible in all prts cf the room, and the following r- n a.-lts can softly into tiie ears of our reporter, shortly at'tcr Court convened Mon day niomiiu " There cones one of tiie Nicely s ; what a desperate li.jk.ng man,' reinaraed one. ss a venerable looking geii'ieir.an. cramrxsl al most intn a knot with rbeuniatism, hobbled into the bar fctid dropping into a chair cast Lis eyes sadiy over the audience. . I ninld believe almost anv thing of him," came the aynijiatbetic nspot.se. "Why, the mark t.f taiti is stamptd indlit)iy on his face." "What an; you people talking about"'" )neriel a third voice, and continuing " that gentleman .s a minister in our church and is officially con.iected with the Coun." Tit J'idpi on the U'Pch and the lawyers at the bar assumed a queer expression as they turned towards (lie . r spectators and viewed aitli pleasure tlieir confusion and discomfort. Alter a little while came in faint whirr, Those two Dice looking gentlemen sitting by I'liieral Coffroth are Pittsbtirph newspa per repeners ; I nave c ftcn n taem. uci when Judpr- liaer commanue l trie prutoiierf to stand up for sente'icj antf the same pair of ls-k lookinj; g-nt'einen arose to their fret, the Ladies 1oro th Parker IIoU.se retreated from the court room satisfied tluitooe "can't tell a tailor by the cut of his coat."" I l HE I It ILL S f il. IT. ' il70y) SHFDDETir X.IVS r.LOOD LYMASJIl.l!.T. FILCO UK SUElK" ! JOSEPH AND DAVID NICELY DOOMED TO DEATH j For the Bratal Jlurdcrofi Herman Vmbcrcr. MOTION FOR A NEW TRIAL REFUSED. THE DREAD SENTENCE PRONOUNCED BY THE COURT. BOTH PRISONERS SHOW WON DERFUL NERVE AND RECEIYE THEIR SENTENCE WITHOUT QUAILING. The "Little Man" Proclaims His Innocence but the "Red-faced Man " Has Nothing to Say. AN ABLE OPINION JUDGE BAER. BY Ilis Honor Reviews Ihe Testimony Ad duced la Support of the Station, and Ass vers All the Exceptions In a Sater'.T Manner. The Prisoners will Appeal to the Supreme Court, but the Univer sal Opinion Is that their Appeal will Avail them Not. THE AGED FATHER AND YOUNGER BROTHER OF THE CONDEMNED MEN CCME TO SOMERSET AS SOON A3 THEY HEAR THE TERR BLE NEWS. " O, yet 1 O, yei ! O. ycz! All manner of rx-r-ons having anything to do before the Honorable, the J -ad pes of the Court of Com mon Fleas, Orphans' Court, flyer and Ter miner, and General Jsil In-livery, and Court j of Quarter Sessions here holden thislay, let j tiiem pjme forward and they shall be heard. I Ool save the Commonwealth and the Ilon i orahle Conrt!" cahei Court crier Kimme'!, I as the minute hand on the Court Honse ! clock pointed to the hottr of ten Mom'ay j rnorniop. This was the twenty-third and hist time that the aliove proclamation had ! !een made openinp th-! court for the trial of the celebrated cae wh ch was now about to i be finally disposed of. t:i the 27th day of Febrnary last Herman Uraoetver, a pray-hai-Kl. wealthy farmer, wu brutally nmrdertd in his s-ncefu, rural home, in the presence of his aped wife, and was robbed of the accumulations of a life time of toil and labor. Just eij;ht days after the fonl murder aas perpetrated Josejih and David Nicely were arreted, accusel of the commission of the crime. They p nxt.reil the best legal talent avail able, and a 6-w days later were bwipht be fore Jtidpe Baer on a writ f.ji mrpvs. The hearing resulted in their bein? remand ed to jail to await trial at the hands of a jury of their countrymen. At the May terra of Court they were in dicted by the Grand Jury, and cine d:.ys were consumed in their trial, which ended in the jury finding them guilty cf murder in the first degree. No rase previously tried :o the Somerset County Coups created the same intense ex citement and fcelirg, and no case was ever more carefully, cautiously, intcllipraily and impartially tried by any Jadpe than wss thia. The ancient Ifp.d maxim , that the prisoner is entitled to every donbt, was strictly and eonscietitiuuaJy adhered to. In their coons!, Messrs. Coffroth Kuppel and Koontz, the prisoners had legal cham pions lo whom they might safely entrust their cause with the full assurance that if a careful, skilful!, ingenious, adroit manage ment of their side cf the rase Would bring ; a;ut an acquittal, they had notutostto fear. . Ar: 1 right honestly di 1 the learned gentle j men siiow that the trust committed to them ! was not misplaced. They jnve betu indefat 1 i.'able in their labors from the lime they first j t')ok employment, and their clever manape- ment of the case was all that coni.I be desir ed, but tiiev were rowing against the tide j - I from the outatart ; they were fighting a los I inr cause aud were bound to be vanquished in the end. lueottier siue, the t.omnionwea;tri. was no less ably rnpresented. The talented gen tlemen, Messrs. Ilie-tcker, Kcxiser and Cevna. well knew with whom they had ta deal. They were always ready to meet the keen, sharp thrusts of their adversaries, and in them the counsel for the d-fr.ise found "foemtn worthy of Owfir steel." The two former, from the day of the commission of the murder down to tbe time the death sen tence was pronounced upon the murderers, Mieviug iropiiciiiy as they did in the guilt of the prisoners, gave r.etber sleep to their eyes nor slumber to their eye-lids till their full duty was discharged ar.d the onerous responsibility resting upon them bad been remove. to other shoulders. T ie latter gentleman, who hears the proud name of one of the leading lawyers of tha i State, whose nanm is, in Somerset cour.ty, a house'i iij word, a il wherever known is honored and respected for his l-arrii;ig and great legal ability, ji-forine-i bis part with consummate skill and fairiy earned the flattering encomiums showered itpon him by judges, lawyers, and laymen, in fact by every one in atfa ulnce daring the trial. Promptly upon the jury announcing their verdii-t, the defense Hied a formal motion for a new trial. Defeated, but not disheartened, they set about in quest of testimony and rea sons that would warrant the Conrt in setting aside the Ending of the jury, and giving the convicted men one more chance for their lives. A rule to take depositions was issued and additional testimony was taken before Es quire t-ruLarn, at Ligonier.oti Satunlay, Aa ftK l'Hh. a:d before Hsquire Hicks, at Som erset, on Saturday and Monday, August loth and l.Jth. On Tuesilay, Angust 1.1th, a spe cial argument court convened to hear the argument of connsel on the motion lor a new trial. Mr. Coffroth, of counsel ior de fense, consumed the entire morning session in arEtin.ent. and citing authorities sustain ing his position. The prisoners apjicared in court cumfbPably and sprucely dressed, and o far as they showed any indication of con cert" or fear, a stranger coming into the conrt room would have had diSiculty in selecting them from the gentlemen who sat at and close by the counsel table. During his ar gument 'Mr. CorolTih referred feelingly to Jot's wife and children, and then, fjr th first t rue since his arrest, the iron turves of Joe Nicely gave way, and lie evinced the first sign of emotion. The tears followed ore another down his paiid cheeks, and Lis cbe-st heaved convulsi rely, yuii kly brush ing tl.e tears sign of weakness, he no doubt thought away, he slook himsrif together and once more assumed his wouted noncha lant air. When court aljoarned Tuesday evening to meet Wednesday rooming. Mr. Kooser bad just linished one of the most effective, hytcal and c;tiiprehen;te arguments mle throc-ho'it tbe trial tf lUi far-famed case. At ft o'clock Weilm-Hiay tuoruing court was once more oi-d. and tbe first hour was taken tip by Dislr.ct Attorney Biesecker, who was fuilowed by Mr. aloooti. The tat ter gentleman closed the case on part of the ! nta,n,i.l; J.n t lf r tU K -sia'a-.fAif..i ami ii iU.-i-.-i fur ine i ris o.wrs "-f l. e tice .f racii;.g. TH fit. -.l J.:t rr--. that t'eO; j !-' of j 1 w.-.s v;t !) lu.ct to tnt!'y r '" Nif, -.a-e ' s':J li.e f.f-5- .! c-i-.isice- rj r::" r. A ie u ;..e . w ii:n:i: ?rr -i t'j i; . :-r r: .en. at ; i:., ill ie-T 'j; v' to l'ii ! i tnec :o er r.:ni ''u 'V f.r: 'j-.. .., ? . . .i , .- .n ir, ! t-..; Vi. t" 1 : n.i v f- rli. , amotg them a number of iadie". throughout the room, lira's. C'J-oth and Sjja!i sat a: the table for the deief.se. Tu court c;:er hid S"src-!y finished his openinp -rrcLan.a-tioa when the pris-mers, exvirtei by Sheriff McMiilen aud his Deputy marched in, ar.d, fi:haning greetinps with their faithful at omeys took seats be-ide them. A they ai d in they evinced no special emotion t.r nervousce and oue looking at theru could ssarcely believe that they fully rtaiud that tliey hail como there to. har, within the next fw motneDii, whtther they a ere to be allowed to live or would be condemned to die a disgraceful deatli, Thoy glanced care-k-saly over the a:tdieia and grwrted the jun ior counsel, Mr. F.uppel, with a p'.eaai:t smile a he came in aiid ttichanjjinr a few has'y whi'pers with his co.kaut. took his place at the cocnsel table. At the Commonwealth's table sat Diitrict Attorney I5iese.-ker an j his collta-io, Mr. ki'Kfser, both, no doubt, " tossed a":.e.it with many a fear and many a doubt" and tryinp, vainly, to conceal their intense anxiety as to the roup, of the lonljcomiug opinior. "Are the counsel all in?" asked Jude Baer. Beiug answeretl in the affirmative and ad dieis.ng the clerk, "you will uoU; tha prea ence of the prisouers." After a few preliminary remarks JuJfce Bkt n-ail tiie foilowiup cltar, full, ti.r and comprehensive oppiuicn. o?,s.oa or luat-oirr. CoMo5rr.Ta vs. J F-PUNRtLvA I'AVIU 1. 1.L1. N, 2 Mar btseios l.vH). xiuUiciua. bur Motion and Uule for new trial. il.e mo ton was argue; an." testimony taken cu ruits read ou llie Ijtn and i-iui du of AuiLst, l.rtl before a toil Immicu. Alter Ueseriug aole ant leiigtby arguments of learned cuuiiael lor aud apauial lue ru.e, tne Court gave such luruer oue ana lare-lui ceioeiiteraUoii of tae ca.se asi ils mijjtrtjtuce dti.ai:ueU. We caretuny exaiuneO the tes liuiony produced on linr ir.al and U;al prj atKssi ai this heading, and wt'.'i like tare ( reviewed ctir rulings on the aduiib&ioti and! j rejeetiou ol evidence. Uie charge- iti;vered j I lo the jury at.'.t our answer to isj.nls suhtu.t- . led. l.'ie Cotietusiuu now arr.veti at is ba.-csi I on due cousiiieratiou of the ver uet, '.be evi dence on triai, tbe evidence heuni ou ihe motion Ii.r lie Inal, ttit urvtume-nl of learn- 1 est counsel, tbe law as g-veu to me jury aud I U.e law goverun.; new trails. i Juii,e lkaigei.s, in Comaionwn-altu . Flauii. put'. 7 Vr Ji S 4'j. sais: " (iranttnp " new trails dors n.K d'';i,u i:n tliewtmu , " cr eapriieot the Juupe, but up-Mj wl e- I " tahiiined ami luia.aiueutai pimcifHila cf j law. n e ale Hot to Ju? s.pot ol toe rU:e j f uu nit ivur: jwi't i.,c ci'ti pr'snrt of inc tes ttnuj. wtiiie il.e jury a.oiie ueieiiuiiies tue ereuioiiity of w ! t iit?s-s aii'l juiiij tue ejet Me etnieuct. Keeping tsivae pnneo-les iu v.ew, we pfoeeesj u ll.v- consl iciatioi. of tlie ttasons ai;:i;nel f r a cew trial. Iwrive rtasor.a were a--s:iitiel, with 7 sjitcitioations uniler No. li. ti unoer No. 3, t under No. 7 aud 5 spccuieauocia of alter d;sewerevi evidetnv w.i.'i a releretiee to JO or tmoie oi jvctions na le to the arputuetit ol ass,staiit txiu.'.-sel tt Common weatiti. Hue 1st reason was tual It.u verdict was against ti e tr.riu u evidence. It tbe jury bad believed the testimony of the defcius., as lu tue uiitM, tlie but aud the coat, ai,d u.slke-icvisl tbat el tbe Coinuioii weulth as to ttie,idei.!uty ol tbe prisoners, the hal. ti e teitcJi on Tbe coat, Ac., their verdict ; t;jiy ju,d have hern that f not p'M.y. Put the jury, as ji-i-i9 of tbe-crei....ity of the w.ti.esseu ai.o Il.e el'n of the evidence, loutid against li.e detail dan Is on evitieitti: tt.e Court jumped to be conipettnt. The court can nei say it aas aaii.st tbe wcigul of e; d ::ce, 1 us reuson lails. The id riLse.a was that the verdict was apainst Use law. io warrant grautinga new trial on this grcunu, it unijt be n.a.ic to appear that liie ve-r.::ci was against tbe law au Laid (town by tbe Conrt. li bas uot beti made to so ap pear, if thrre was errora tue law as laid u..n. such error woujd ji.H be ixirree-ted ou this reason, but the reasou ailegibg nitsui rection. This r-ason fails. The 5th reason was that the jury was in G lenced and pnjud.xl by the misbehavior ol the au-tier.ee. No tmtimouy is produced ta sustain this, and tiie Court must fsass u u question raise.1 from its own observation. U is true, the audience a few limes seemed to be tar ried a-a? by sutue unnecessary and iiupn.'p er aide remarks by counsel on both sides, but o.-i beif.g refirovtd. rfeet order was bia!nta!lel, aud, on tbe w hoie, the auui et.i. c-vbsi-.lering the crowded r.m and the character if the ca-e on trial, was as wed tn haoesl. aud we tijiak better titan is usual in crwuiiiai courts. Tins reason is not sustain.. Ti.e f; b -Ha and 1 1 th we consider together. The C;Uu was - that the jury did not take time to deliberate." 1 he tab "that the jury was coercetl into rendering a verdict by j.ut lin sei tinieut, wbiib was averse to tiie ue teudanls, the speciti.tion Ixytig, " tt.at in the jury room one of the jurors said "if we titi'l a verdict of nt guilty we will be niob be.f : ' ard another 'ibat there was no Use to consider the evidence of the deb ndaiits' witnesses, fir th-y w.mid not believe tbe:n anyway." Anil me Itih, "mat after having been re-charses aud sent back they did not deliberate, hut that one of their number wrote the finding guilty of murder in the first decree,' on a piece of paper and called out, "come on!'' when they proceeded to return the verdict." The Ictpil prrsvinitiiin it that the jurort per frrmnX Ciew dnS iircjrdiny to Ihetr outAs at taken. To r jH I his presu;n-tiejn. one of tl tipstaves in cbarge was called, and his testimony taken to sustain the spec:lieatiou. His tesinuony is euljstan'.ialiy Hint he heard remarks made by citizens as tbe jury was going to meal, one of which was. " 1 wish 1 couid give tliema pjint or twoanout it." 1 heard ii. Slid at a boarding house loud enough fr a juror to have beard it "ttiia the Xicelys were related to Jesse James." i'iig outsioe Uie jury room 1 hear their d;.-c'is'ion in part. One would ak wiiat they Would do a:iout the Doctor's testimony; another said ti. ere was u ituing in it. One mikI if we don't convict tut- men of murder in tiie n-t d.vrve toe citi- i! would mob us. Wiien sent back by tlie tou.-l t.iey fs.k no time to consider or l Vole. One of the jurors bevan tn ariie at the tai.ie. 1 was ii.. i .ne two minutes- lie was wntip;; w hen 1 came back. He didn't rend what he had written, took tne puper and aii id 'come on,' and they then returned the verdict. Mr. luris. one of the jurors, was railed as a witness by tne Commonwealth, a-id his testimony was read. He savs substan tially: I was a juror; 1 did not hear any one Say thst if we don't convict of mur der of the first degree the citixens W'i! mob us. If it had been sai l load enough to have been heaid outside, 1 Ihmk i would have beard it as a juror. Something was said in wiiich th word mob was und. but I didn t pay much attention. One did say af ter we tad agreed ti.al if we were wrong he could not forvive himself, but the evidence is so stpmg we ranst io oc.r dnty. one did say after we had agreed, if e let tliese men loose after hearing ah theevidecce, we ought to be mobbed. It is ut.nees:i-y here to inquire how far the imwat ranted intrusion of a tip stafTurx-n tn privacy of the deliberations or a jury may th.ct the verdict, as ii don t apiear that in jury resulteL U has been held "that mere arts of in.Ms crwion or imp-vpriety of jurors or others will not warrant seui:i- aside a veri.i.t and ir-a'ojng a titw trial, if tuempnrliati'u nt tut 1 hongu tbe law is vigilant in guarding and pre-s-rvir.g tl.e purity of jury trials, it will not for light and tr.ilir.g eausta impugn th inu-prity cf juries. The tu'.e seems to I well settled that, "to "warrant setttns; aside a verdict of a jury ' and srnuitinj a new trial upon the ground "of irregularity and miacomi u-tt of a jury, it "must be eoher shown as a fin t, or found as "a conclusion of law that injury resulted "fiorn such misconduct." Fautb of the jurors when sworn tUe dire, said he conM tteride the case on the evieiice unaifected by anything be bad heard or re-i'i. sud each w hen sworn as a juror swore that he would try the isetie jirined and a true deliverance make. i This, with the evi dene of one of tbe jurors, just rea.L and the fact that the jury was poiied, ought, in the a-ence of stronger testimony than that produced on the hearing, be suthcient an swer to tlie charge of prejudice or misr-on-duH of th jury. That the jury were coerced by public sen timent, whic'i was averse to the defen.lants, I ailesred. but the only thinp apf.ar-ent. is tl.e fact, d ,jt;ti(s, that pub.ie ex -itenienl was exeat, it would haruly 1 otn.rwi-w in any --racea-iie is mtuuuity. after an atiro-ci-.us cria.e had been Cot-imiited. It was no greater during the trial thn it was from tbe day of tbe homicide up to the trial, and the prevailing excite ment all along j r:.u.' i:.v-t. irt-i ir iU ioi;f was knuwuto j I'. n;r:: t? r''it " t j rhinje of j vi ia' &: i H-n.uititt 3 rUun wiw i sr-n. Y;..-y :! n-. wl it w ! !:e to tufeye au"s r e nb::c prn;i.-.seiit, :ler uavjaij j l in ?;;.r;'t. o'UmU tin evtdcoot, . i'"er this iJ b a3!,:nn.er:t. tin-re are "v i -riiii (.'.!. at .no of iraa.--cr-iHi. i a -e.v .vn.e r.imy rj-'V-e eji.a-f.ie ! to. t: c eic-s o! tlie t:aus-r-;!ug eaiin;; 1). l i.e . t.:.ftu :1r the (-& iaata, whether !V. a. fitr ei a tr,i;:s:re-sioU ;i t uies or oth er tii'W t;tc Court to oruer that it a as t:n. dt.ty t'.e lhtr.ct Aturaey ta ma. e ii.-. Ci;t?;;;:r a.: pu'Ut tit. iiiM l...Mrict A.ory ve-J his riptitanj . .i,i ti lit as .Laut L-eeal'iei b.tt.l tltyse. Tiit i:0iu '.. so cose was -.nuiUsi. Wtvij a loicaai ruling respauing te aaaiiaut coun sel to conuiie biiuaeif w.tuia Uie proper s..t- of the I'isUliX Altoruej w be was U ui.d by tue Miud iu.rt aa Uao Diaincl At torney was. it can t be denied, the learned senior as sis.al couusel, iu b.s toai, exceeded tbe le guinuate seepe of a closing argument and wect Oiitsi.ie the eviuence. f Ee Court s attentioa having been called to tlie ohjectioaoie remarks, aa prescn!-d by ourruies, it promptly reproved the trans greseor and eauiaoueu the jury uol to be in Jue.'icel bvr any of the remarks ispeciaily re citing toe "amei, which it was deemed were unwarranted. It is to be regretted that in any case learn ed counsel stwuld forget their pooiiuoo and indulge tu extravagauispeecu and inlemper aie icaJ in arpunaebl, outside of tbe evidence and outside ol sticb matters as may without evidence be jtuiiculiy taken notK ot, to the prejudice ot au accused party. Xotu tig is na.i.esl therebv. tor if it ta made to aptiear t.u.1 injury resu'ted tbereiroiu, a court would promptly set aside tbe verdict. Nj oiaiier now guilty a man may be, or may U-supcuoed u be, ha is entitled to a Jo. r trial, ami ue must not be found guilty excep; on tue evidence iu the case. Ot course it would be our duty to set aside a verdict uot fairiy ootamed ; aud we would certainly uo so in so laiportant a case as this, notwithstanding we cautioned the jury il it iu any way appeared tliat the iauguagj used injuriously aflected Uie defendants. Our knowletipe of me jurors is so favora ble, that in the aosence of anything made to aps-car. we cannot believe Uiat the jury were prejudiced by tbe remarks made. Tiie jury wa.., to sav'lhe least, aa able and as well qualified iij every way, us any that ever sat in tl is court. The deduct of learned Counsel on oppo site sides was ne toward euch other wumt we much desired and sought to bring about, and possibly capu-jit-aie on oue aloe begat lntetujieraie xe-ai ou the other. To have held the counsel lo a score in ar gument which the defense weuld baveap prtjved, would have been circumscribing tue scope of legitimate argument. With ibis view of the questiou we dismiss the 1-itJ reason. 1'ne tstli reason is that in going to or from a meal, a person, as the jury passed aioog, was heard by the tipstaif u. aay, " tuere goes tne jury ; I Uu I could give thein some pounei-s.'' It does not appear that tbe jury uearu it, or that it was iu any way followed tip, and is in any event entirely too indef inite to impugn tne conduct of a sworn jarv. I lni reason assigns error in runngs on aiimissiotis ar.d rejertu of evidem-e. On i iuretul exaii:inal;oii of all the ti specifica 1 lions of error, and the rulings o:i eatib, we ; n.iiiain uncouviuced of error thai could j seriously atftct tbe uelriuiauls, and hebce tins reason fails, j l lie it ti reason assigns error in the charge, r.tnW which are it rpeCitnations. and tbe l.uu reas.)ti assipt.e-i. is as to error in re charping au.l senaicg back the jury, etc. c inive careluiiy exaitnei tue cbarge anu answer" to joints, anil e remain uu- vin.Td ot au material error, anu uence overnne these reasons, juu umigs -w tue (tu reason aatgued. and the specifica Uoris under it, a;le!l.p after-diseoveivd evi dence, etc., and raising, as we view it, tbe pti-4'U tjticsium on Uiis motion. J i.-e lirst question tn oruer is, what are the ru'.eri ot law by w Inch we are to be governed when newlv-tltsorvered evidence is ottered t From -1 Asii 41 . 1 W. Sc S. US, 4 Phiia. 1 j.;. 7 .'. 1 M. il- 17ti and authorities cited iu the note, we lake the rule to be : 1st, lne testimony must have been dis covered since ihe former trial. th-.d. 1 nat it could not have been obtained at the former trial wiih rvaaonaMe diligence ussl by the detenthmts. liid. "fiiat tiie testimony must not lie mere ly cuniuiali ve and corrooorai. ve of other tea l.moiiy in ti e e-se. 4th. That tiie testimony must go to the cien's of the case, and must not be merely lor tbe purpjee ol impeaching the creuibiiity of wiines-ies. Siii, lliat the testimony must be such as will jinj i.'.y produce a diilWvot verdict if a new trial n granted. t:h, a new trial will not be granted on tiie grouud of iiewiy-dtscovcred evidence, wbicu does not relate io B(-fU, but goes only to orrot-.ti.te the testimony given on a farmer Inal, or which constats of cnmulalive facts or cirt urcsttin-es relative to the same mailer e-ontroverted at the lormer tnal. 7th, W'nen the new ly -distvvered testimo ny comes within any one of the objee-tions c"ve -ii by the rule, it niuit be rejec-teil as insuilicient to warrant awarding a new tnal. . uuiuiative evidence is defined to be " ad ditional evidence to support ihe same point. and winch is of tiie same character wiih ev oeii'Te alre-ily heard.'" i he l-tilc ts not uniform in all the Stales. S-.- 7 -'. L. 11. K. ls3, and to the rule as we hotd it. there are (sorptions ; for instance, " ev)d.-nce merely cuiuuiauve, if it have tbe "e!f. ct to render rUnr and ;xiliat whicb " Ix-iore was cK.fK-tii ar..l iHtvMttrni, Wlil "j L-tify granting a new tnal." la. !J. Now, in the Jipt'l of tnese fundamen'al principles winch govern in deienniiiing th motion, what is the newty-discovered evi dence and what its probat.ie eKcct? Thouph the court on the trial of an issue j'idb-s 1 1 the con. releiicy. and tiie jury of the ell'ect of the evidence, ;el on a motiou lor a :m w trial, where new iy -discovered evideinie is produied, the court must to sorueeiter.t jh.i'e ol the probuhie etleit if it come with in llie rule. The 1st and 2nd specifications tinder the 7ih nasou. Bil;e that tlla Steani made statements materially different from iMsr evi dence given ou the tnal. The Srd alleges a stateinciit ma.ie hy Mrs. I'lUt-erner, as to the missing of Ciuuerger's mernoratnla of bOtW, etC. The fourth alleges that the potketbook found atNweiy's was not tbe oue iu evi dence on llie trial. The 5th that lajtta Nicely saw br aunt patch David Nicely 's coat liie evening after Ihe roblfery ar.d homicide. tshentl SlcMtileiis testimony is in stib staii! tiu't K.la strarn, on the Jnl of Man h, described one ot tlve r. lrs as a tail, red face.t man. With cap and dark gray overcoat on. and having handkerchiefs over mouth ati-t head. Ttie other, or s nalier one, ss wean n tr a dark byttK'H drrby hU a-itAa htle in the crirH'n. and tuat the uescniMioii iu tbe lieaeLb was substantially as he heard it. On cn-s examination he says my imprest son is h said hole in the crown cf the hat. hut I Would not Like to swear it posi tively. L'r. Walker, whrt was a witness for the rciuinotiweultu at the trial, and wasruHed i bv the defense, savs he heard Klla sjtearn ! sav "one was a mi-laced man and oue had I j a derby hat on. ar.d that there was a hole in j te hat," but sitys, " be is injt e-erfaia what she said about the note iu tne hat. but says " tuv ri-col!ec'.ion is she sai l it was in tlie croan." Ilotn at the fnal and at the hearing at. chamber on ti'tiens e.iru K'la sitearn Shi. I that the tail maa: hil t ad red i.andker- ehiei's Willi wni'e -, over his tice and hind, and that she could t-e his nose, ey-, forehead and cheeks about the eye-?, and de nied that she said lie was a re-i faced man. As to tne hat. she aaid the smaller one wore a " brown derby bat with a hoie out of tne rim. Nannie Horner said substantially the same at the tnil. Tbe District Atbiniey. who was at Fmberger's borne when the Jvheritf was llier--, says Mrs. l"mbenrer. in th presence ol Li la tstearn, said the hole was in the trail!) rim f tlie hat, and that he furnished the ac count which ahix-ared in the Httti n to the e-.iiior in a verba! stateinent, bat had told him the hole was iu the rim and not the crown. As aga'pst the testimony of Ella Steam and Nannie Horner given at the triai, the testimony i.f the Sherti" and Dr. Walker is to uticertaiu nei'Ler is poeitive as to the prti i.-e d!-?ia.-.itwii relaiing to the hat aud as to the expre-esion " red fact-ii man." As Vrs. l"n-!i-pr s-sikeof the one havmir the red haiidkert hiel's over bis tV-easa red-faced man. the remark may have been applied in the same way by others. Kven though this might be insrued as newly discovered, and due diligence bad teen u-.ed, il s loo uncertain and of such a character as falls within the ohjectious of Ihe rule. Amy IIotiTinan's testimony was heard on the motion. She was preserit at the trial ptvcise'y how. does not appear. She says that E la Steam, in the presence of Mrs. f-ou icr, Miss Korns, and others, about Mitre h lnt, at I'mbe-Trr's. sail, "tlie smaller man wore a brown derby hat witu a hole in tbe back of the crown." and also says that during the trial, when evidence was given as to tiie pocket bo .k w hich seemed Vi favor the defense, she said to Ula. 'what do you think of that." and that " Ella looked at her and said, ' bo more money for us.' ' Precisely what would keep a woman from the country at court durine a trial, without being fuhper-naed or called there in some wv. cews not appear. Tlie two women she ref rs t-t as heius pnseait at the lim Klia fhouid have lew.-ritrl tnem. in their dtei- I tions tay they Lea"d illla give ao description ! cf a hole "in the crowrt of the hat. This is the or!v witness who swears positively that Klia said the hole was in the crown of tlie hat. On a triai j it would be sach a cwtraxlicticn of Ella as lid go to i' c-ed ' .1 'f .;" Till i "l.tr '. while thi;t if Nar.ii.a- ii ?. .-.; r, woo iu-.o '.-:i- ; tive'r s Sfstr .ei t r tr-d: fail il:':oh w -s . U1 It.'. rim i:f li.e i.ui, S'li.-iir., vSir-f .di-,--- - eel and the twisi-t M.vrt the r'-i;etl 1 and mtHM-y Jsehtir'y iev,i cjii, a u ar.d lit- , eirinitea. Mar.ifest!v. uiivter t . rui? E'-vrn- t iraic . the tviinv.ery of Amy iioifiiian j would lux warrant irrs!;rip a t-v tnal. i iu further uipt of th rva.ns asstirtied j the ttiin. oy c-t I vs 1 ler.oi.e r ao.I Jot-u ! Meiviiier w-w rea.. f f .mi-' svs. ati- s v i g the uorrtet ;b k puhe;' i; out ,t' ..s k'W : Joint aekt-.i a hees .t ait.l f,e Kiii i'mhert.-s, at.t! v-i "e ?iK-av ii w.s i .ii'-'ruiers U.a:ise ! lh io.f " .c.i !-i.t,-e-1 (i'.'ru. etc. 1 sa: I ti.et-s :;... i.i;, .v--cu a'Kiut :l at, tor snyop. was tarred do vn liit was carried n th- I rea-t pockrt, n.ine wes thai way. He says i d. i.i ; ..:..c- the pot.S et'.aiok in his haitds and did u t -e a white ;.'t n it. Tbe latter seys that Camp said he .t it at A. A. Nic-iv s. and w E.ri a-isj wi.ov- it was he said FniheTrei'sand twk it out of his pocket and turned it aroiurd and witness smvs he sew it was not the t oc ;etbo,,k tl-at Watson Menoher ha.1 at the .National Hvtel and ha:i brought acrow Lifei Hiil. He says he examined it lf jr Wa-sejrt t-s k it from th hotel lo take to Nio.lv s and it had the outside of the Saps cut oval, liie au en velop, and had no piece cat or rubbed oat of it tliat showed the white pajer and it was cot pliable like the one shown by Camp. Davia Menoher was present. He says his brother Wa'son and he wre partners in the Iwjtel he didn't have the Camp pocket-book in his hands. Watson Menoher. who U referred to. was a witness on the trial aud w is a partner of John's, and on tbe trial said Thomas gave him a pocket-book with jl.tl and sn.ie pa pers in it. and that he put it in tue bote) sate and afterwards left the money in the safe and took the poeket-book to the father of Mrs. Menoher, A. A. Nicely, snd that it was the same that Thomas irsve him. Dae diligence, it seems, on part of the defense would have. .Iise-nvrw! fwfi.rp tra. what John Menoher knew, as he was a partner of j Watsons; but if due ditigenev was r.sed, the testimony of both John and Watson is merely cumulative, and d-wa uot come with in any rule or any exception to the rule that would warrant granting a new triai on such testimony. Tne testimony of Dr. Anderson is i.i no sense newly discovered, nor was due dili gence used, and it is only and merely cumu lative testimony, in the same line with that given by Dr. Erubaker on the trial. The "testimony of the joiir p daughter of Jo-eph Aice.'y, ie ft uie detemiijits, may fairly be considered as newiy discovered, as possible the materia! ity of the patch on th-t cnat wis onlv mad app.ri. at the tiia'. Nannie Horner on the tnal id-ntitied David Nicety's coat by a patch on il which she said she saw at the time of the homicide. This witness, Lotra Niceiy. savs she was it the houe of her uncle David the nii.-ht Frank Graham was serer.ade-d. and that night both she and Graham sav was that of the 2Sth of February, which would be the night after the homicide; that Mrs. David Nie-ely wss there patching an overcoat ; don't know just what part of it: didn't take notice; was patching hole-s : gray overcool : it was uncle David's cvercoeii ; saw him have il on ; didn't take notice just where the holes were; was putting other patches on dark patches; it was in the evening between six and seven o'cl.x k ; uncle Dand was at home; 1 didn't go home alone, rr.y mother weal with me. The patch on the coat was a con tro verted fact on the trial. Alter Nannie H.Jmer had testiSed loif. DiVi l Nicely, one of the de fendants, and his wir, both tesiiiied that the patch was put ou the cat on the night or evening of tites'.h of February a.! this wit ness does. That the evidence is cu.iiuiative is clear. That it is merely cuniuUiive and pes only to corroborate the Ueten.iiht and h's wife who testified on a former trial and does ntt relate to any new fact, ror rone within any excepti.i t;i ti.e n,ie. seems clear. Whether due di'tgecese was ifesl, is net so clear. The coat itself was not shown the witness at the taking of hertesti tuocy. Was the ca,t she refers to the same coat that was in evidence ou the tnui ? Was the ("articular paten referred to by Nannie Horner put on at that time? Were they all put on at the same time ? The defendant and wife on the trial say yes. bin the jury fi-uad adversely. Would the testimony of witness, indefinite as it is in some respects, so far cor roborate the uncle and aunt, as to overcome the positive testimony cf Nannie H.irner, and as against all the evidence, to proiiabiy produce a diil'erent result. ' It is n-t a question whether the Court as juror would have f.un.l ss the jury did, but taking tl.e verdict as found, ami assum ing as we must, that it was prejfriy so foiin.L, until the cortrai-v r (-ears, w-oiil.i tf.e eridene-e otTerei and wh''-h could or should be heaid. prolnbly prtlu-e a duTereht re- j SiillT I'nderthe rules of law that p'lvem us. we th n r.of, and hence the mouoo is overnileNi and a new trial ref'ned. To this ruling the defendant exrvjit and pray a bill mav be sea.ed and a bill is now Sealed lo the Cefen.ihnts. W. J. BAER. li Feh'y. lssil. P. J. While Juilp oaer wis deliverihg hisopin ioti the stillness o the audience was so jro fotm j as to be painful. One cou'ei almost hear hi neighbor think, arid the steady, monotonous tick, th k, tick. "I the bipcl vck, son n led like the solemn fjll of a lood tongtied funeral bell. As the Judge pronounc-d the last word of his ciinhjn. which etieant death to the awaiting prisoners, and scar before the sound of his voioe had died away, the pro tracted qniet was broken by tlie scampering cf the ladies present to the front door to avoid hearing the dread sentence pronounc ed. "May if pleas your Honor, I ask leave to file a motioo r the immellate sentetniing of the prisoners,'" said District Attorney Blesnker. The Court "Ij-t the motion be fi'e-1." to st nxNoxn bt thi jrt tisTrt. tEn. The Court "Have yoi, J.wph Nicely, anything to say why tb- ser.tcii.e of Ihe law should not now be prouounced cp..m you V In response, the prisoner addressed arose and said iu a clear and distinct touecf vol., "I would just simply say I am not guilty. "Have you, David Steely, anything to say why the sentence of tl law shouid nd now be pronounced upon you T' asked bis lien or. The prisoner, without rising fn.-m his seat, replied ; " I have nothing to say." " Josrpi) Nicely, stand rep." said Jadpe flaer. Ceintinuing, he said : " The sentence of the law is that yon, J.vaeph Nicely, be fa ken to the jail of Somerset county, whence yon came, and there, within the walls of the sail jail, on such day and t ime as may be appointed hy the Governor ol tiie Common wealth, you be har.ited by the neck until you be dead, and may Gael have nieny upon yout soul. While the awful sentence was being pro nounced the prisoner storsl i,p. n his feet, with Iiis head slightly bent forward. Not a muscle if his fae twitched. Ills counte nance never changed ex pre "en. His nerves of steel stood hira in gs steal. He was game, is game, ami wii! die gar io. "David Nh-ely, stand up" said his Honor, and the miserable, d'xtnits wrvtcli raised slowly from Lis seat, placing h's right hand upon the lable in front of him. "The sentence of tue hiw is," sail Judge liaer, "that you David Nicely, be taken to the jail of Somerset County whence yorj came, and there, within the walls ttf the said jail, on such day and lime as may be appointed by the Governor oftlie Commonwealth, you be hanged by the nock until daJ. And may God have mercy npon your soul." The condemned man bore up hravely un der the terrible strain, and. resuming his seat hy bis brother's id? they engaged in conversation with their counsel. The ordeal was a most trying one to Judge Baer and the sympathies ot the audience went ont to him much more than to th j prisoners, ilis we.i known sensmre ar.d sympathetic nature, and great goodness and ktndnens of heart, actpiaintcd everyone with the painf tlncssi of the solemn duty which his position entailed upon him. to th warm tkey case. Tbe prisoners were remanded to the custo dy of the Sheriff, court was declared adjourn ed, ant! the iamons "Nicely case" was over, so far as this court is concerned. The prisoners marched otTwith the SheriiT nd his dejtuty, apfsarent-'y little earing tht this was to hetiicir last appearance outside the jail whence they carae." " We have three more chances,"' said Dave to his keeper. " The Supreme Court, the Pardtjn Board, and the Supreme Court of the United StaUs." TH AttKD riT-tlK VISITS HtS SS3TS. Mr. Anthony A. Nicely, the gray-haired father of the condemned men. crime to Som erset Tussday morning, as soon as be heard of the resuit of Ihe motion r a ne w trial to his4 boys. anil to make another last ef fort to save them h-ora dying tbe Jeatu of felons. AS SP7SAL TAKK.T. Counsel for tlie prisoners tc -k an appeal to the Supreme Court Tuesday a.uernoon. The Supreme Court meets in Fittsharg la Vlwrl W. C. T. U. Convsnt .en. F.diwl.: is i'.i tMscta.'ir.ve f.r 0 An'tai Convi n-.vi of tie -i .rueivei (' W. (. T. ii., w hi .i ii, e Ts! t .11 j art r t M ! ; lay 3--! Ti-sa-hse, . i iR.htril a. Irl'KaKAi;. jt;rr ;vp.-c i. , rrr. ' Peiutiot.j'. txer-1-,?. il-,. -Oiaii- i f ihe f i.t..'t'itl.. r . "kT. i.n-ivi:: Ad. In si VJ., c. ..;.- At i,oLer.i.naH-!)l l . TtTCsasT KOES;.No, SErr. Ca. S i)-Deivotional Exeri ises...ilrs. E. Thon;as 9 CoDver.tioa Opeced. Appoiattuent cf Cotnir.ittee. Retmrts from ail Lovwl Secretirles ac-J Superintendents of Worn,, at.d Co-Ccers. TrSSDXY AlTSRiiAiS SE?T. 2iX I;30 Devotional Exercise Mrs. Julia (hapmaa. 2.'K t-'onvention Opened. President" Annual AMress. Address, "The Law ua liti Ei'.ucafor." Mrs. M. M. Vosel. Eutertainmea' -Lrynl Legion. TrtsraT svEStse, sirr. 3t. 7.30 Devotion Exo":se-s Miss Pelie Kim- meL f-i- Address Mrs. Marian B. Eaxter, Mich. WZDSCDAT HoitVIJO, fEIT. 4rti. Devotional Exercises Mrs. E. D. Suhrie. Election of Otliccrs. Appoint t&vnt of Superintsnut.tje. Mrs. Baxter is known as an abls and for cible speaker, hold in her ad vocacy of ju.-lice and dauntless in denouncing all wroi.g. I have heard her several times ar.d thit.k her reputation fairly earned. Will Cablstios. Mrs. Marian 2. Baiter, of Charlotte, Mich. , his won a larve and warm place iu tle j h-arts of Mis-ottri's W. C. T. I", ! ," ", ,' ,, r'''v,r:s ,hat reath me lr"m a 1 Froru the .arters. she tti'plit. without presumption, make the old boast. " Veni, vidi, vici." She has surely capturesl a part of Misturi. Mrs. Baxter has ail the elements of a popular speaker. Whife tme to the most ailvauced ides of our great society, she has a way of presenting them that never repels. She wins even our enemies. Missouri will alwsysbe glad to I welee-me Mrs. Baxter. Cl-ira Hoffman, pres- j ident of the b ate W. C T. I"., M -asouri, in The 3. O. Usilrosil will ran an excur son to th.e Evain-licnl Campn:.-s-tin at Hyndman, Pa on Sunday. Auptst 2.). Fol low'rp are train arrahpenients and round trip rates : TII Sotr.c -set i s A. Jt. F.ockwooil x.ZQ " Garrett .8.47 " Berlin " Hetumirg train will leave Ilyndma Somc-i at 6 .00 P. M. ;s 1'.; lor A Card. For maiy express" :;s f symnarhy, f r be-atitiful Serai tributes, and for valuable services rendered my family thron ru si' It ness end in deatit, I sin;vre!y thank the govi minis'erand wife and ait kind citizens of Somerset who vr?re frierj.U in an hour of need. I shall always cherish wiih tender feelings the memory of your christian word.s and deeu3. IX. V. KittR. The attention of veterans tioMirnr c-rtir"- ' cafes for free trann-vrfafl-n to 'l-jt'y-hurvb, t and otliers wishing to at'er. l fhecervntonles I o.i IVm sylvania Day, is called to th Cu t j that the V-. A O. V.. II. has the shortest J rtite. Sfrtectdl tratrs w:l! r f.-.rn H"ts- ! burpn this occasiun. i- ir fitith.r iotiTti:;:- lion S ply to j W. W. Ti. t: .N T. P. A . ! Soruifset, Pa. ( Miss An. lie S. Dipnan, a young girl who worterl in Hon. W. r. Morgan's woolen mills at 'Jiemahoriinp, this county, was married to W. II. I.itTertv, t.f FitisbuTj. on Sunday, August Ilth. The ceremcny was performed by Rev. W. II. Ikites, of Johns town, who wis ca'h-1 out of bed at an ear! hour ia the morn-rig for that purr- se. The couple were aci uipanied ty t:l rvf-ittMe witnesses, and they ha I a marriage !iceti-e Lssuetl by Ilectrder st futik. snd date.! J i-;e 24th. Mon.lay niorr.i.ip lattfsry was arn-st- ed in Johnstown, charged with fciriT HSf infonr.aii'in of K. K. Pi bri !, and the prisoner trp the f-;;. owing moniiiep oefore Just.cc j Hart of that place. On.y two witnesses were examined. The proseci i.r testliicd t.i tiie marriage cf the prisoner with his ila iphter Annie, and James Hrepr. of Fayette c .inty, testified that IiTertr ha I rn.irred his da-ili-tr in Is-") and deeer.il i.er; t'.ro -he is til lirinp, ain! ti at no divorce has l-ea ottai ti ed ty fit! tr party. The justice demaniled leiil in the snrri cf ."s.-! for Let", rty's a vearsinc- at diet. In defunlt he wits committed, and was taken to n e tljurg jail. w' The! Chief V.ewnn for Oi siarvelfmu sne ea of tt.Ksl liarurjartlla la feanti ta the facs that this rrw'flirme acrn.e!ly aeseoenp'.iihea ait thas la claimcsl t r H. I;e r.al ciertt has Merit Wins." Snwtar than Cat of any ether Mood p orifice It eraras SeroTnou an Humors. Drepe pa A. et. rianet ualj by C X. Used a Ca, LowaU. ana rrsf" te' iT , I,,., -ai7-1 1 tj aSZ-iCn i. CivL Jbw . v-rUt'-tM: SS - Cv i;o. X. Cl l AM Eli.A ir t. au'-J Hyr. Mt. Iieiifant, EXEC 1 wis. 1 O- S& .TV t. il , i 'i I'i Hat tiav -4?Je h-4Tf"y IjLi.er i :AnLi--T,a: tr Ntn er.t-au-d u ;titr h-o 1 est' riiiu: irTemv.:-:e r wnt AU'l tl.--.we a.vntsr clair t-i-nst viK t'tvj. iarm tH:y auitir:ttio ir wi.c mm i t tUe cu'lcr4rivi oc. w iniy, th lef uf i'L !. t Cite iaiu- n-i- e.i'-e f co vi. sr. w. iiitn-x5. Jv.va-s y. su a A DMIXLSTRATORo NOTICE. aniuori'T. bk; fce-fJy yii tv!! jw-pw-.; t inut U-ctk lo at t uke irant'i.-u rr mrnt, aiii ue UMv.-f rlatut HafjuH me wim :t oa or Uivrt ?i itrfiay ViH.iv-tr 1 i-t the n-ynK-iice keaacdy lrie, fa MT-rv.ue A D.MI5IiTRATOE"5 XOTICE. llsiate of Jacao KerkeT. der.t... la's I'aim T.iwrsh.tj. iji.tii r-t fa., !. Letters oi'iHiumiistrrie rsv .twrt etat hav- I fc t,e-a xraaicsiio uie niu-t rvi ' -:'-r f-r- r ' er ...a'rit tet.. 1st iret.v ;e-c t a ', r- - ; tii.- ia-;.--.! s sA,'l r.-i u Ku-stu ic-i:iie ijvrc:u tiw-.v b-mj iLtrua: tr.e m .1 wiH bi nt :ira a t u.r.-jnixi'i it-r J. H. L hl, Attorwy. Avluuuaarmtitjri. I - .!, r sr ;.-r, t'.i.- Rl' Illill -1 Ui; !.;; 1! ha- vtriih-m-d I .'ii of Cie C i-t 1-1 n ; A o i l ' i t BULLETIN a'.. I : di.iirir. I. -vi- I ' ,i i; -'..ri-. . .::::..::.:DRES5 E'.4i-'.k Colirt.-i. all ti.e m - Vt TR i M j N gs.zzzz : Xew Line Trirr-zia, tt prices that will iatcrest too. z:-:CLOAJvS. Eoai Wrar.3. $3 40, $3.90, it, o, u? to $40. JackeU $3 to $110. Newmarkets, $5 to $30. Our .-baj--53 and tlni.-h Ere tbe beL z-GL0VES, HOSIERY, AND UNDERWEAR.::::: A coraj !etc- line of thets jroenJa at astoiiislit-gly low jriecs. f:i? B a 35 Fifth Avenue. aj-wnx (tr. E iiil ou -sira pko:ipt i S 5 UU1 KJ Main Street, in Hi hr - lm4J !a4 a'iU', Ui W w ei Aesi et TTPk , v minyLLuiiuyiLii, Jlcdicincs, Dye Scuff, Sponges, Truscs Sujiiwrtcrs, Toilet Articles, Perfumes, &c. THE DOCTOR GTYE3 TER-SONi L iysioiis' Prsscriptioiis I Family GT.ZAT CAS J5f.'"'J TAKEy VO VSE OXLT FKiU AXD PVRS AJCUCLZi SPECTACLES, EYE-GLASS ES, And a Full Line of Optical Gootls always on hand. From such a large assortment all can be suit?tL THE FIHZST BBAHDS OF CIGARS Always ca hand. It is always a pleasure to display cur rood to initniiirg purchasers, whether they buy frem tts or elsewhere. J. Stf. LOUTHER, M. D. MAUI STREET - - SOMERSET. PA. Hit 13 ar.d 15 Clinton Street, CTjOiilSI'TIOiWilNr WILL. SELL YOU rr i't t..,r-, .t. -s , -e.1-, t,.. :-, t-.", w. v.. ---a -i J. ... . i aa i c. i ... .v v-.i- L i, LACE CUIITAINS, TL'IIOjMAN AND CHENILLE CURTAINS CURTAIN LvlS ANI- FIXTUItrlS RUC-S IN" ALL SIZES, COCOA AND CHINA MAIIINGS, AT LOWEST TRICE-S. THE LARGEST STOCK OP DRY COOD3 AND DRESS TR;M- IMINCS, AT FOSTER & QUINN'S, Successors to Geis, Foster & Quinn. FESTER BROS. Reliable Close-Priced Shce Store- Fctiolc Congress. Thiscttt rfprfents tl.r E'ner pon l't tio.-i l.'inprvss in kai 1:1 r. Porp,se, tjor.iovtn and "a.f; has 'i .uhle irt.r tie Is'inp piji'Vi! r.ii k.aiui ihe e.f'i er in frrit of the ankle-l.oti- thtt I ri'Ve.itinp the Rfrai i of the rul'ler -n the ark'o-!rnet and prpT'Tfitt the v Kir: n.-t being chivt'e.l and dehlt d 1 tn -ion terferin.r. "'Vitii.i-.t t'te the cctiitrg She is the c 0 y: a in-: s I ArUTO CILT CUOJC r'' A" lr.Li!vJ I lilt. OUUe.U Hai.J-Wtsit, VT. L. DOUGLASS TTTE re-si.. - Iftillr cr.ll at i.-.n' icn to the Jf ia.v : lir.s '- t ne tu.r 3 xiah.e I V si; lis-in tiie tr.-.de, itri i -a :! s-.tys C, ..tti?r ..l-a.er-f. l.lhl. .i.l .S;.-. ' s . FERNER BROTHERS, Somerset, Ponr.'a til lIAUlo UeUllI vJl.L- c F 1 , -, 1 1 Tt 1 t i VQlIlPlllo Vm iQtPtp 1 n I r;'!)'! ri r? t n'i I UivlUi.i.'J iavJiU JJ.Umi aJ .! to p JUL At 1 n'fle: p. r... the .' 1 K?.ve, n:.: j viz . l.tr-. r- t.i (:iw".. ii --a;u iai- or io. La lu; I i--r. i -'U-r . ..r-r ij.'H-t' -vii ELLisr, uorsi:,- IHl 1.X-4J, Ult'l Pl' n't-u(i UL-..-M ti.r f.r: iHv,i 4aVTs.mi.i u.t j i.d i. ttcrtu ; 'rvO v'i.tt "C' -hi St4.i't-- ! Ur-" u. ft-' (i J.:'r l't !- -.ti- at Uvtrr f '1L -.v.-uuitt r..y:!':.;-."s, v. : ,, : bund Aiwi hk t' rr ' 1 f rr J V A v 1 V 1 j -a s-. ijOvJ CF euuKY trxiviciissi-rY. SIXTH STHUT, PimBUfiH. PA. ee " fr. i rr nar ; t- . 'I : 'it ! rt-:i:--i --t ! '. t "Mir ::e-r,;,-.4 i;.r. T--' '-i . r-i- j ': r-n-..i-'rt.".'"'-;t.,.t n ' ; VikF.rBi- a iti "ft X tkiJ-ti -1.-'.- . ... :i u:; - n iry- --'-L -!. i JAiii3 Ca-AKiC WLO-iAJi-i, JL L, I'M i CIT on OF BARGAINS ! rca. - AW Cul.- rs. c.! t.trticjs. vO. te GOODS.::.:: ::::: v, ;lv.lr:i'..!e t-ears, a. lot i-.lcr PITTSBURGH, PA. attntiox rug Stoe, Somerset, Pa. TJeseJJ1ew ss ' s a,kte.4Ui aSwei iai m Si a ke rssrls in ATTStlvTIOS TO TH5 COVPOCXn.HG OP O. AT TT1V.TTVT C6 s ; g.ait.e n. t - arast Stles, Flexible) Hand-turr.ea, &.C., iiC. tJ? f.u-t th an-! n invite at w constuntlv kfv in sf.ak a rnos se-rv ii-ea ble iftx, of l.'i !iite-t couiparison of eurj rices with those; A UDITOR'S tsOTICE. nn't-r of h etto of J-aneph Trrh-r, au iin-.riK:isii Ai'i!Uir. v-Mt tJif all s t'eairt erf aaei (..4ii.li 7::::::zLvr !T,s:.A.imi.1.-.rr..n.n 1 i-ae-wj.,.fiiTree.ier. d..l.t. 'tXITt lf "t-! Ctsllt.lV, Ui lrtf!4i-t trie t rr Mljt R t-f Mi.; .f k jt.t . . Tu" t.f t;,- 1 f- -v ; j 1 : mt tit uii,i-v ::i fm.-r t ItiftK3k V n ! tri-nr, 1 Ii ish n?iv of A'''ii, i-vt. at L - k tn.. ! !rfwi Tn iii:tjfj f hi n 1 ai't-.ti.t- it. rt-i n: -r rwvrrtt "wj.?:r c j.n. -r ' 'e I'Hjarrt-tJ f:in ecmiiiif in or a -f nm UTOK'S ::oticf- ! T j . S miwri i . t' t.. i . i 1 t- '.i-jw jr;rrritry . -;i is. 'is I ri.r u, i-ri,-Tifcti t tr.tr x;ur wh-ri:y hi j a'eSlV" ff-'Au. Tei-tf fie U'-T-llf :V'tl J t at 1 ' t t.- i- j ra-l'-i.H tii.i' er-rj:- tai m..t; '-.!.';;-.'k' i-t ? ,V'ii. tiliti 9.W rtr t.w Lav l'r if i iit.rv .: 1 . -i i -?: b. :.r--it -.e-n u u.e A.i'.iin--t.-a-- r ; 'i-: a. it.. -Ti::.-'i i-if :iU-?--n: i .. ,--1 ii-v of h ;.! rtn tjr -"t-;lfre ruLir.-i . .Aiiajraef. Kx-r-tttr. i A SSIGNEE'S NOTICE- 1J f pr. f( New f.t : ni.tr. -m-iih i t .-'n. t. I'.t - Ufs-A.-n. c.u .v:'-. 'y U--i ( - :i-jv m- r ;'! JTt t A;r", L.-;- a-; ; J:fi Twr-f"t rftrif). M ! ii-.-. .t . fsiitier rt, ,4-v, c i tr in; t-i.t .n-- t ! - -( t-t :d .-vi:vefr a. T rr-'. 1 tt e "u IV-, w -wf)ii.";. f'rr -s:i yi vf A. r--r. .til f;rn:tt nfr-lui :orit wiri .--:, r T:(T-r, Win 0a- .-'til oiirt i ft ."T::rl' t. .! mi'i A"""a-nri-tmj hn.rr.aT --Uria f '!-- j- hn a. r pr k;, FR ,!- T"r-KfcL ::ecutor"s notice. t-LitsO of J.hn ITirfc. !r . lr r.f Soraei-vrt Brr- t-uro, F-iiTfrst fttiiitT. ps. I.i-Trr1 t-Ts;ji",vf.T-r nn r tt r v Ht hi- rrf b- '. .'riiUii ? t.'je n iji i-f'.if ' ri v.r mi ---1.-f l it."' i. . itr e fc h---.-- '.'-Tt- i ! r:- ii .t-"i '.: 1 -Hr :j jt- ai'.M'- j -V 1.1. AT. .l,irc having ftRi.!. Tri-t lne ;'"-t'rt tnrssi itiiy ar.: -t- : u . r; r- :o ;hs .n-ltir''itf TTfi. e" " '- ' i.: rt i -vulX ua 1 anriu j. A-u-t 1. UO L1LI O i r o OTni
Significant historical Pennsylvania newspapers