I TV c; t i u:fc ..-- i,.. Ust it t lit :;. tr et :s "X :x r !.4- .I .4 f' i si nn 1 seven o . k ; Mr. i-ee ,h -r. r.tr daughter H-Uie, isj grarid- . vl Mr- Ni-c!y were presvnt; he , , ii, -i-l we "re abett to take ...,v , I kd tsiiu t take supper with Ve i ' ' "e lt,ft ''"r ''tp t!l? ,1te February 27th ?, tf fact that the boy .-re arm-sted !;;:i, feiiow ing Monday and also that h- b--a PM?f meeting at Z:m -. ..,..1, that night. Cannot say how often J tint week. ,.r.v Nice'y I .if iii Tinnier ,; 'f-irM and , t;.ed t !- -i ' ''! m i am tl.r , ,,f ti.e t so defendant ; do k r- r,.r -; ic I'ave on the I'Tlh of eb sa Joe on that day at my Louse .... e evening ;cn"t tdl what time fi r ; it was between 6 and 7 o'clock ; .-t;:,edate by my hauhrig wheat and fsct that the two lioyj were ir .pi n Monday after ; saw Jjeon Mon yx ei.tt t'"s ? whr-ther I saw hiui 00 t i.o : be he'! roe oa Thurjlay, '-'iav atd Safiiriiay : did n.-.t haul any n Wednesday; aw Iave on - r-.v ; 'e Cjt,1-e over to niy h oute to ,,-j '..-: wh.-at, it was early in the - -i, : I v.. .ner and IMiie Niceiy, slaters , ..risner. tes'.ned tht J had . r tr w ith tLea., at tht-ir father r -i r -vt-r.:n of Tebruary ","7tb. Fixed -. 1 ' j-rayer routing at 7Jvn church; ,r ..; t;,e faiu;! attended the jirayer : ! t I'-arr-n M Jie NWy rm the .-r; nf Feh. lh. Fixed time by jr.-r n.-.rt-r. ;.,! Si' ri.V "N tut fTIM'. ; ,ri: Lirf'-cier: have a w ,fc and thrt-e - .;rta : J'W oi 1 ; tijy ht-aita lr!r i""jr mit,;r; bave hern tuf- . r : fp.:u J vr-)i atd hai1 iue ; .t -ri; t:ii'i' r uiedioal treatuieDt fjr t . .: vears ; iiave Dot ! fii in tit cjd c :. s 'j ''' :1 winter; on the --'ih i J,- .:jjrv was he'.pinjf John K.iam;e!l WJ ': n Monday Kimiiirii ak i ,, r ;.. help him on Tuesday ; I told . ; (fiiid not d n; as I intended to . C r:.urir!i to see a doctr;in Tuef-,-tv 1 . -i.'k iatt not 0,e toga; on V.r;nr-;v I was: home antil tout I , ii, i-r n;yi a little fr: I tol-J n.y . ;:.utl su'.d g.i over to Mr. Bar rL .:, ) if I ru!d fft an oppurtuuity , j i r! ir til Li.inier and ftr a 'tur '.-.e-v. I did r.ot gt change to do ..j r-::;r:it-d iiu'iie eKUictiiiu afier t.,-i-.; d.i n"'t go any piaoe e'..ethat vLa.- :..v er ib-ttte came to the hoti ':,eeeiiil:if ; probably nearly 7 o'clock: s Ijf:- l'a:ne in the evening; next e. .'r.ir.i etit to fatfter's ; helped iiitu to 2.-a- ;re nje wlieat. !, , !'a:r.e tt.e.l tha'. he had svn ; .r N..v'.y at his hurue on t!.e a.er- - ..n .. f February 2T. .;:.ttu Taias testitit-1 that Mis ra Lad mid him in the presec- f , -r. un he did not kuow, tiiat !he r ; i ct identify fie men ; handed, tne et t to Va'.-.n Mt-n.her. Wat-'.n Mem-her a bncher-indaw of t.,e N.--eiys, teSt.Se-J to rei-tivir..- x ktt ... s frvtii Ti)'tua-. but sail I "ticket Ux-k ;l evidrn.v as ct the Sc.:i:e one. " relative of the N.'-t iy who Lad wit l'ave'a j ket b-x-k testified L.a'. ti:e one in 'vij.-D'-e was u A his. Mrs. I'avi i Nicely fOT that her bus hr.d was at tou-e on Wednesday t ht ttie 2"th id February ; I latched ..- .verc.-at ThurvlaT C.-t ; be was ar rested "i.e f.iiuwicg Monday : the p ket K t exhibited in court t ut my l.iw UdOU s!:e identified U.e ".vvralis and Lafidker- biefs as his. i-r. Ilrula'ker tes'.iaed as to Dave's j;.-tl coridition and Lad the prisoner iiu-r liis l rva-t in the presence of the ,:'v. and siiow ir.tt abnoriiiaiiy Uevelop ed heart. Ti.e object was to convince U.e jury that the prii.t-t's condition .uid not eruiit him Ut- walk a d.staiio 'J Li. !. A r.ci:.'r of witaews ere called !.: test; ltd that the Vaaeer'a who teti-i-.i that they had seen the Nice'.y b.ys tzi up the nsottntain the day of the carder had iule contradictory state-Li-r.. and that thev i-ouhi n't hae seen ;e- r;s on tlie road from where thev i:rrt w orkirii. J-diii Kayior testified that iie had fo! i ei the traeks frotii I'mberjer" on ; i 2. rr.ir.j after the tnurJ-r and that t;. y t- .uid li.'t have been made ty the 'if te in evidence. I N KEil!TT L. Ti.e commonwealth cai'e'I a Miriler f m .t:ie-w who tetie"l that oU:e of ti aitDe-i who ore they had seen r N.t-v'.y '- s. Ht hooe on the l!7'.h, of i- ' , hai l them tliat they had I se- n them (.a thai lay. Li-.er r.y dt-r, testified that he rc.Ie 't h."a.a and Kila Me.n from I'm-'-'i-ft to the hearinj; aud that Mi rr. h: c 't said slie evuld not identify ' were called and tes'tifle-l " I -te Nicely had always lca able 1 2 t f:!; 'iaj's work. A 4.'e cuUiVr of witnes tes'T.ed ' in Kay'or's character f.r truth t: 1 -r-;'y wa not rh --A other un;ti.f.Ttnt witnesses - t-xax.ned afer which the c.- was v .arsd t i. d. !.". K --r went to the jury at 2:-"il Thnrs-iay aftern xn on behaif cf '-' -2iu,-.ceV.th. He becan by c.r.-t..i-.,z. the jurors an 1 hiuiseif that ...fsrvt rj! weeks were.iraw : 'o 0 ; Ciiiiiratiiiate'l trie juror -:e:r iUehl-m-e and cn daunted " ""--. ho ..uid be ahie to render a t ;a a f..r iante w itii ti.e evidence : -' :,e taii.e of l"a.!H-rjt-r wait now 1 ovr the land bwauw of the ar brutality of Ue n.urder. an-l the 1 s.-. . ie of the sum of money secured -ir'ierers an-l robl-ers ; that w bile es were trave and responsible, - 1 ever rei-oilect their cf.nnec - ti.is historical cue. He traod '"--r -. "t-'T t- ti I r. t.ers step by step from their t, the form h .u-e of their - v;..i;a ; deMTiiw! in a wtrik- -tttst.-.-rthe K.-ene of tbe ti.ur.Jer and :'"'": tiie jury the truthfu-ncs of -' itn-wrt of the crime ; dwelt at t the tell tale articies of clothing ''" r. the prisoners, and tbe incredi " '' t'.e witnesses for defen.ianU. i - 1 .:.-at I'ave Nicely was capable Cf a har-j lav's work, and w as capable " ,l-s.:.g a distance c.f 3 i miles; pointed '" :-m h-. lieu were found at Joe Niee- ' .i exa.-tiy cor res-pondiiiiT with " .a: r.al !rn taken from the b-dy fc ' 5' .n. an 1 ia o'.ncliisi.vn sk ." A' '- evidence satisfied the jury ' t! -'liable doubt of the puiit of '.ant, that they lie ourageocs ... 0 11. . ,. uim-jiLU... 7t;'7be:,,Cg,L r K"er was followed by Mr. in ' of the defendant. He t.t.! after 1 ocWk that vening. 's i otirt adjiirae. " ' oth, Ksp, nominencd his '-Sirr.: in the jury at the opening of .k!kx"lr-rriday and consume the en 1, f. C'z "n : b" tvinect was t "'" '""'"a! and 'gumentative nd it J " T"r'; U !tn nifked attention K'Zry 133 the V4sl '' ,J "'' t"nr' O0 n' o- minutes. tStl. , ,U Umn tal thirty -five fnin la t.ijch was the tzioet pow- efful rusrha':ne of fa?ts ever tieard in a lteiset cointy cart. It ws a spewli tM-iliiine the hiah reputation of Mr. O wna and the im porta m-e of the cce A r wKUh he p't-atle-L The rviirl roin wrt crowie.1 with friend and admirer of 1 the justly celebrated Lawyer, ai! of whom I were ea-er to hear hit in one tf the frreaterst etJorU of hia long anil Hay life. They were more than satisfied. Jui.'oe Eaer coniaseace.! charging the jury at 10 minute p. 5 o'clock an 1 it was precisely two ndnute past 7 when iiecl.r1.. (Mine! f jrtiie Tiuer ak e i f .r au ex.-ept:..nt., the clarv-. whu h iratited, ar;l a i.eii sealed. The ls y charge was one uf the neist i:u pirtial ever delivered in a cocrt of jus t.ce, WITH THE JVEV. After listening to the charge of the court the jary in the Lmberjer case went to their room for cc.nsMitati.jn and delib eration. A short time after reaching their room ballot was taken w hich svwd nine in favor of verdict of bjiis der in the firrt degree, and three in favor cf acjilttal. I'uring the Dtjtht one other baiiot was Liken which slood eleven in favor of a verdiet of jruilty in the Erst de irree ani one for at'iittai. Jastlf.,re court called thirl bahjt wua taken, j which resulted in s unanimous vote for ' verdict of gailty of murder ia the first ; h-gree. The prisoners were brought into j The prisoners were brought into j d the jury came in and Landed i court an to the clerk verdict, which he handed to the court, who handed it back to the ! clerk, who ivad "gnil-y of niurder in the ( first degree." " The scene in the o rt rtn w hen the ! jury han'itd in their verd.ct was ,r.-l,!,!r,M .n,l ttwt w ill lirr , , ., . r 4;. . ! remembered bv a.l presTX r or the nr.rt ' , . i i t.u.e tne troo nerves of the N.-eiy boj-. gave way and perceptible tremor was : noti.ed in their face. TheU.k of bnk ; amazement that spread over the face of j the counsel for tbe defense showed how niU- h of surprise the verdict was to them. Notice wag prorr.pt ly gifen thit a motion f r a new trial would be nade, and the famous I'uil-erger trial was at a I t::eh; v.y.i vt: i )if tr. t-ie ' n:i' Ti.e st ene at the S.ntierset Houste when the news of tbe conviction cf the Nicely hoys was received was one to tou h the heart and excite the sytntathy of the most latter denunciator of the uiur.ter- ersof Herman l'iclenrer. Tne i ivea ar.l i ajed iiiultier ol the prisoners had t-een at 1 the hotel ail week. A mewteriger as sent to the Court hot:e ar d as so n as j the verdict was announced sped La k to I the hotel No thought of a verdict which would condemn their loved ones to the ga - had rt idectly ors-rJ t.'ie t. rains ; Taking a packajv from his f iet ti.e stran-t-st 'r oiren, and their beart- eer opened it nd put the aidavit in it. and of Jht-s r-r.-lin cries wken they n-ali.ed the fill truth Ir-it, iiiore tl.aa ' tie :.t tears to tr-.n,; taan. the evetj A Scene at the Trial Th ppt-earance of Iv.vid and J.st-ph i Nit'e'y, The f ri- t er. would r.t itidi"'atc I thit they are he harder-e ! criminals they ; are generally sur p. ! to be. If p!a.-e i j atiK'ng one hundred other tr.en in the j c-ii.rt b'Hise, n't otte :n twettty wouii j t-oint theni o'.i' as pr '; i'oie u.ur lerer. j J.-;di'e f.o-e is round, no prniinet.t, I lark stid ciear, forehead L'i;h and I eyt s sui h. hair on his bead thin an 1 tire, i He wear a somewhat heavy and long tnous'at i.e. Hisgj is st.-a iy.and I -ears The ct'ir.intM-l and iW obsfrvetion of the hundreds ' f spectators, end there i no more interested person of every uh-s-tion akel and answered, and point rai d and settled in the rami. Not a wor 1 uttered by cvinse!, witness or Judge ewap s his attention. I r i-e-I in t-eat fitting hla-k caT. vest an'! pantn, witu clean w h te coilar and cu;!". his ap; ar-an.-e is that of a tt..i:.-?wht si.r-w.i btisi iaei n.n. Immediately on his r.ght sat his wife. ciKtly an! fa.-hior.ahiy t t're l in b'.ii k. tie is a moi st and tin-a-siti.ii.g la iy, with a r.iiher thia and pale face. Like her hu' aa l, s;ie liears the fixed -tare of hundreds of ere w itii otit ttie lei-t sign ofembarr-iiient. On her riht is the chair occupied by Ihivi 1, the other prisoner, by w hose side his wife, with a f ur-t;iontns-oid ba'oe in her arms, is n-uallv to le teen. " I'ave," lie is cal: a U.:t and fleniierer luhti than his brother, and o-i'.te as fer.sive in art-arafice as hi br er. W-'h thin vist.'e, rtraiglit, Urre n-xs, j tlearhlack eyes, siicxith short l air and S'uall, thin uiou-tat tie. he sits with his j head u-usiiy ret;r;:on his hand, tjiiiet !y and sjniew!,at in hir -rently !i.-ter.ing to the rr'fee !:r.r. To the rt.-ht the mother with a ,,,,, i:.i iit neat b.a. k Ore-son, ati'l her head sn.l 1 face a.ni.--t covere. ..I ii lare tia k bonnet, shipped in the cits't niary style of tl.ore allowed by tbe Dur.karJ thurch. Her hue is ta.aci.ited and striking'y jaie indicative of feeble health. Apparently slie never lees sig' t of aaything fit g on. 'a her rl-ht the father i-siwavsto 1- seen. patient an e o!c rver of i every th in g said and done. lie is a short, angular ti.an c f snie tVt years of aire. His side and chin whiskers are white; also h is long hair on ti.e side and bat k of fiht head. His f. .reheat!, ow ing to the bsldne- of iii iiea 1, aprar to ! hilj erthan it rea'lv is. No one can fail to re,x-gnie a strong, if not j.trlkir,g, fatui no. etr.ktr.g, latm- ty reti.bian.-e a the tao t)' s. ;.g the jarettsand Sentenced to Death Monday A tiTi-t I ; h J idje Bier ref tsej tlr app'ota i .n of the Nio-iy b-ys ct.tml for a new trial and on uoifon of the Iis t rid-Attorney "thit the pris.ie'S be imme d ate'y seniaaoed" directed the motion filed, then tuning to the prioner a-ke.J " Hare rim. J'yej.h N'.eiv. anything to acy why .!.. sentence of the !iw shoui 1 not be pro no ir..d upon you Ii sini, the fnvinr ald-esd in and said in a clear and dii.net tons if voice. " I WiHiid j 1st s-mpiy suv J ata n- guiity. " ' llsve yoa. I'and N ioeiy, .nyttntg to say why ine sentence of the law shoo d not now bs pronounced up-rn you?" asked Li Hon or. The prisoner, without rUing from hi seat replied 1 "I have nothing to say. " "Joseph Nicely, stan-i up," said Judge Baer. Continuing be said : "The sentence .if the law is that you, J.jeeph Niceiy, be ta ken to the jail of Somerset e. .unty, whence you came, and there, within the walls of the said jail, on such day and iitrie a may be appointed by the tiovemor of the Common wealth, you be hanetl by tbe neck until yoa be dead, and may Ood have mercy Usn your soui." While the awfoi sentence was being pro-ncutice-i the ptisoner stood erect with hi head sightly bent forwarl. Ned a muscle of bis face twitched. Hi counte nance never changed expression. Hi nerves of steel stood him in good stead. Iavid Nice'y. stand up" Aid his Honor, and the miserable, doomed wretcb raiset slowly hum his seat, placing his right hand C"u t'ue table in front of him. " Tbe aentence of the law is, " said Jlee Ewer, "that yoa. Pavid Nioeiy, be taken to the ja'l of -toraerset county, whence yon cam, aud there, w ithin the wail of the said ja.1. on rich day and time as may be ap pointed by the Governor of tbe Common wealth, yoa be haneed by trie ock until deed And may God have mercy oifjn your mil. " Tbe condemned man bore np bravely nn tier the terrible strain, and resuming his wi br hi brnter' tiiev er.gvri in j coivefTsalKm w :in their mnnrri. 1 Tbe orieai wan a ni tryin oar w J jAn- j Ber ar.d tie sympaihies of th lil'lietMK -ent out to h;ni rouch more liian to lb 1 pnstrert. His well known sensitive aod i sympathetic nafjre, ao I gest irlae and kir..lnes of heart, a't)'JHinte.i everyone ni the pamfjlnwa of the suit-ran duty which his position entailed upon bitn. J vrriAi. Txes. Otinel f r the p.-ison-rs tvi an appeal to the S iprem?Cirt the narr.e day jCiiieiit was pr".noun',e'i. THE Li'WER CoCKT CTtlSr.. t:i the lilt of S'Weia'jer the S i;.retue Cwrt Landr-i down a- opinion euauicir:; Ja'.e Iiaer. The deration bejrin: " I;,u fo jrof numerous Bfntcifications of error in this ca-w require mttice ; nine of xbera need extemW! d.-u-ioo. It coaciQ'le ai fol lows: " We bavechuely exminei ail of me a.viin!iiei!a anil G id at error. Tue judge aient in the ee ia afliriued, etc " Eefore the Pardon Board. ,4rrEK-OlM0VKED EV!I"fiX( E. Marine the tnotHbs of February and March. 1", tiepifcitiorw were taken to lay ! b ftre the Far .in Board for the mrjuoe of j ser.iririg a pardon or ctrnraa'ation of sen- tent. Tije carf was anturd on Ma-rh J h, when a nuroHer of atS davits were submitted, j i on. lw t u flck a iurnr rhn ...t ii: . th. h. bmi twed b hu f ,, ; .-. u auree o a verdict of murier ! ft.i(w j.jrt jn l(it, CP 1 in the nrt tiree. anoiner witness sai.j that Cot. stable Kucb had contiJed to him thai he had fixed op the evidence on which j the Nicely boy were onvicted. Several tefi5ed that a rcyienous atran-er hai via- ted a saw mil! where they were working ia I tbe mountains aaove New Hcrence. on the ; I second niomir..' fcdlowin the murd-rand ; wet-'Od niomtr.i told Ibera about It. 1 rem Oa suspnious , , r, actiotis tbe witnesses w-re iej to he..eve that . r A f F K g , i-M at Wvtjto hica proclaimed the innr.nt of be vjv, ,n1 .daiitted the writer s jruiit Th. ivnunonwealtb' attorneys frex-nte.! affidavit availing th chamcter of some of the witness- f r the defense. Et'ly in May j the fi oard refi-etl to trratit a pardn or com- mutaiun. F JOHI5 HEli H. ..lav etenir. , June hiirt'v before du-fc s i s;u , trnifer of g ..vi ire-s and rather fine aj'terati'-e ired before E-e'iire El-iab K-e of Tw-r T i-kevf -jt township. 1 and renaeste.1 that officer to swear h ra to a ! paper be ta k frvtn his pocket. Justi.-e K.;ng I reminded the stranger that tt was the.ab- - a i. . . : ........ 1 TI. . . . . .... . i - I ( i.ie dull ait reij'ieieti. i t.ii'i.i le-n-j that he would a-ume ail n-inibi;iy fr the It-.-aiity of the tranacti.n and i.-iM.stwI thai tbe Justice grant him the Iivor. Sub- j seij-iei.tly the ".ath wss dn'.intslerrd. the ! stranr swiaritu by tbe u;iiftfd hand. then carefully tied it up Linn. Af.ercju versir.e with the Justice for a short period h' in juired if he could not iet the pa. k i.-r with him o.-er ni;bt. saying that it wii ho.ky and imviitvenienl to crry and that, a he was going to snd tbe ri'itlit in the fteighboriMittd. be would mail f ' n '' e mniitig. Jiiite Kintf put lur int.-.;-.- ;,.!i-pai-kage intii Ins .iek and the strar.uer U.k c.s dep inure, aft-r paying the cus'oma-y fee for adiuiuisieriiig an oaih. M ntiiy morm::g caiue atid pis.cd. L i" the 'Sjiiiie's rallrr of the previots evening did not an pear to c'ai u his ps -kn.'e Liter ia the dae. tlie ;rane-r cimtinumg to absent himself, ttie Justice oned the pa. stean i found it contained a manu-cript. reciting at lentn the iife of one John Beech and whitt purjorte-I to be confession of his com plicity in the murder of Henmn I'mberger, aid implicating one Miller. The pack tire alo contained a note requiring the Justice M forward tbe manum ript to A. A. Niceiy. fitherof the cvintiemed murderers. Jutice K r.g forwardetl the manuscript lolleneral A. H Co-T.-oth, counsel for tbe Nicelys. John Beach Confesses to the Murder. In connection wi'h my con teas ion, I will say that I started east in the fall of 1-1 from t lonl. Kansas, in company with fvir other men. We expressed our valines to Scottdsle. Westmoreland cocnty, I'a . and startetl to beat o;:r way through We al! went tiig?'t!.rT as fir as At -bison, Kmsa. There two of them ieft the crowd and the oi her two and I went together to ksnsas ' .ty. One of tiieir namr wis Wiiiiam ! Hu i k holder and the other sipe, I fi-rrottiie j o'her men's names. They were all from t I'avette and Westmoreiatid counties, and weil acquainted w.th each Oilier. When we et to Ksnsas t'.ty. 1 was to get a boat, and we were ail bi f t down the river as far as tbe mouth of the Missouri. I ieft Bu-kho!-, .!er and mj at 1 rertain place in the even ing, titi'il I w. uid get the b-iet. I g.u caught in g-ttir.c the boat and was locked up for ninety days and could not meet ray 1 partners. Here I chatted my name at d j have kept tnv new name ever since. I d.d not want n.y real name in the pipers or that ; ! John lacb wa canebl s'ea'if.g a b'at. I ! s-aved i Kansas ";ty until the next June J and then started a-t after my partners. I I got as far "t. Louis; stayed there till next j umnier. then Marie.! east, got as far as ( in- j cinnatti. o v.o. and stayed there about s c j months. My next m-it'e was to Pitis v.irgii. and from there I eot on a fre ght train, to stop at dreen-hurg. bat it d.d not stop until , it got to Jotinsuiwn. Ttwre wa j.let.iy of j work of all (incbaad 1 hke thepla.an.h-ave I was there about four or five months 1 g it ac- quainted with a man by the name of Mii.'er. He worked about U.wn and d-me odd j oh., dug ot;t rei'ars and clean.- wei'.sand did er rsi f ir tr.'.ing bouse mn. Aftxr I was -.,,.,nt 1 ;,h Miller ne time, we start- ,1,, , virlcgan. was in Is-tn it and other place ; from there to Wheeline, West ViTf-uia; from there we went t..Ouru be'land. from there we started tbrnneb the country to Johrstown. On our wy we met with one of Miller old rhum.. He was a b. k agent and looking out for someuiing, a he called it, and said Le bad some good one .j.rt'.ed in Smeret county. He gsve ns the names of several Farmers. ne was Bernard Miller, near (larrett, and t'mb reer, near Jen netiown, and others. We appoii.t- -a . '.'ia ,A .f,f ri n,... evj -u . . ... . ,,. - - , ,,8, and als-ut a year time, we occluded on l'm!rger. Milier and I went in, ihe ' b- k-aeent and Lis roan staye.1 out. When we got tbe money there was a big Scuttle M ilier shot three or fo ir times witu his re volver. Mine was a 1 seven shot. 1 lust my b;g revolver when I sbipned tny valise east with Burkholder an-l sife. There was no need of tbe shooting. When we got out of the bonse we all started toward Latr.be. We ail went toeetber for several miles nntil we tsame to the forks of a mad. Here we divide.1 the money and ih rowed tbe one pocketbook away and artd. Miller and me taking one road and tbeother another wsy. We kept tbe other po ketbook until we to a (mail si ream and tbrowed it in. We then went to the railroad. We eat our lunch and bid our money and appointed a plate to meet at. and begged our way. After the Ni.ieiy boys were arre:ed we went and got our moner and I started west. to Kansas City, and Miller weni 10 cumuev- land I got several Itleert from Miller while be was in Cumberland. Ia bi last letter be said the Nicely were in jail yet, and be was t -ing back to Johnstown and rent a billiard bail and go into business. In about a week I heard of the Johnstown third and never heard anything of Miller since, so 1 came east to Johnstown to look after Miller. I suppose be was lost ia the flood. Here on the train I heard a traager say the lady in black is the mother of the Nicely boys. 1 looked at ber. She had the saddest face I ever saw. and I will never forgsst that sad look to my last bear, and which I can al ways see .before my eyes; and I have put otf this statement as long a I coaid. with ber looks before my face, and trouble of tbe Nicely family, and the two boys ia jii, vo r , - v. I"! 1TTV .-sHKItiKK waiiirjto be but.f. iin;feiii. If they cao ; e.t u t rt h. hit-T and Si.ie. i hev w: lei! yuu ,.. i,,tenli0n of eomini eai. I ' J..ki Bup b. i I a-k the j-.i of t' e -ace to take a j copy t f ilit? and eo 1 it u the Xice'iys' fam- j sly aud Xerp a topy of it- i j al,,p,:OI- WA, to thi al!"! j hy the stior.ey 6rtheVr.mon- ! , fa f. m .; ... no or,e ,sing in ' ,rt.,.i.liir.,hlti the self ei.i:.'es--i ntuitie-er on the -in1ay of his visit or at any other time. On the strei ftt of this confession. howte.er. c u:ul j fir tte Nice'-ya aitma apt-aieit to tlie B,aril j of f'a d.H.s f.tt i-oairiiulanoa cf sentence, j They prtttiired te-iiaiony from two or three ' residents of Fayette countv sening f rth ; that tl v bad k' own a rum named John 1 h in Kan-ms. but none of them bad seen ! him i.-te. ft ! i-V otfCES T" f'srrx. ! Among other testt-uy 'aken u lay be- ' fore the fird-n tU-ard, at this secuntl bear- I inz was t'lat of rer;:T M Mi. ien, who stated i tna". ..nai.er t.e t..-- -.n. on leputy twr.a am -'it . !ce.y xent lor ni.n nu waaoeu mui . t j paper on wa.iuvue .o..v- iol j were wr.lte'i. it was direceu wj i. . c- ; It was directed vj i. r .... . . iv. t. ; Miiien, Ptier." ol poniersei cooin; . i . " , cry wis men np oy a. I within bearing or begun. I do bere'.y agree that I will te'l all 1 j their voices, and nearly every man who know c. in - err.il' g the I'tatvrger munler. '.if j heardit started in pursuit. Tbe best runners anything on certain condition hereinafter j were close at the heels of the fleeing mur to be ua-iit I : ; derers wheu they disappeared in the woods, ;:r- k "( k;s . i.MiiTioys. i and aclergymati who wss one of the pur- First. Tint you wiil use your best efforts surer Cred a shot from his rirle at their re to Lae me p,inloned. or sentetieecommnted j treating figures. Then came the shout, to inn rsor.ed for life. j "The deputy Sheriff has been shot !"' and an Second, That if ar.y of my friends shouid j be iapii iated. that you ill ue every t.jrt to p-jteel tiiem. ' con- i Tni.-d. Tl.a: I wih write all I k cvni'iif ttse l':i-.'"erger murder '.if at v thing I to 1 ublishe.! in pamphiet form for my bene til. Fou-.h, I w.ll not a;-e to any of the cbove wiitiMi ri-st having cunsu.ution with my father aud mother. rs ."..ed 1vi:i NickLv. !5-j:.--e'l intly ti.e prist .ner sutd to the sher iff, slier K-anr.ng that lit ititende 1 to tevtity a-ai:.iit uio. ' i di-1 not think you would lev to Je-rr.iy lui U-.t pirk oi" b-'el have M tuy .tie ?.E H.E1V., P.fltF.I". A-gunieiil for a re-hearing was beard on the i t:b of ovemocr i counsel a- . mem-eo sear. .:ng among tbe timber I.r tne . prot.-actedaumentandiusistedthatinface.esca:imnr.hrer,. Tbe thought th.t th-y of the IJeach cot session, they ouid not see . would ever perm.t tticniselve to be captured how the B-jard could refuse to grant their j request. Ttie m.itber of the onil-mned men ; M permitted to H Jress tne xr,x. ua .a . , broken vo ce Iffd to e-tab.ssh ti.e inn.-eme , ofbert-.y,. The ikrd wrestled in secret . ses,i,..- t-r fojf hour th the question of I gianiii.g a re t.ear.ng and ut:a..y rci.iseu ioe appii.-at.on. ' 1 Anotner r-iea. . OOVEK.OS 1 ttlf.l .t-.tn T." IIHll"!ti TH ' 1. Kara w . Kit sT. On the '.e.h of January attcmeys for j the N..jcis appear d before the ll jvernor 1 and a; i-a'e-i to him to witliioM his sigua- J ture from tiie dea'ti warrants. The attor- j neys ii'.t iared they were not working for j money and th it their labor was one of mer- : cy. They rem we.1 ti.e en'iT history of tbe i case and aereel tliat the Supreme Court had : erred and that the J'ardon leiar. had been , m.'et onfa.'r in ti-.,';iri: t!'t:i to absolute- j iy pn.ve the Itin-on-e of their clients, sr.. j irsistetl in their t .-erne. of the prisoners inno- ; J . . ! The Death Warrants Signed, f ,i or w,u,s, Lcivis. tvif ifrt. -tat ; One the p." iiv of Januaey. tjovernor Bea- ! 1. . 1. 1 nr.: l.,s s-.t-nature to me oea-.u i rai: ' of Joseph and la.'i,l Nicely and dfig- ' 1 W'' '!-the dar for tneir execution, i nute The news wa a terrible shock to the prison oners, tveh of wh-MO hid tteeo le-1 to believe . that the -.vertior w ".'d refuse to s gn the j warrant for their execution and that his siKwasor won id certainly not do so. jr ,xt. r tt to ihi rr-i-ivcas. T, .bv mir.linjt. .tanuarr ith. ?b-rirT ' (. 1;v , w,rrr.u the d...me.! men. taUl reviir.e the ofacial ; lUyK criner solemnly said j "if 1 hey i.-ti'e tie " wjit ue tor waat t j eise -id. That what I said first, and that's i i whai I say now." ' i ' I knew you bad tiie wrratits." said Joe ! ! when tbe y'beritf eti'ere.1 htsct'd. He.jJiet.y I hstcr.e l to tbe tier.tl while the d.s-umetit chat meant so much to him wax U-ing read, but ma le no other remark. J Trif IE 1. 1ST H P .15. Tae-liy, March 1", counsel for the Niee hs ap("-and t f rethe new Board of I'ar dotis and a-sei f-.r a rehearing. Their ap iihca'ion wa- refused. Tti'iday. ;ll. counsel apfies'ed before , Cover'io- Patti.in and present. aeertincate j signed by the j.ii physician, I'r. II. S. Kim met. staling that in his opinion Joe Niceiy wa insane. The (iovernor declined to grant re-t.ite until alter b. had examined testi- - taken as to the prbooei menta. con dtion. Daring Breaks for Liberty. tt-i enmm to ! wvcit ST Tk t ei v B..v-ter:TT suiaiir mir. mc- ! XlLlltl SHOT. 1 When tbe Xhtely tx.ys were first brought to S.-joersKt they were confined in a jail that J was a disgrate to the county and to civihia- It a orison in name mtiv. and 1 was no teller a,Ue! f .rtb, keen of criminals than an oid-fa-tii med country sbeefiwn. It was tmivide.1. with one Wee! Ceil, which at times contained as m any as six desrate men who were supposed to be secure when locked in it. Iluiuanity re quired that tne N.cely boys Ije permitted to have a.ce-s to other parts of the prison, and they were allowed the freedom of the corri dors bv the sheriff, who bad been assured that tney tbe .Nicely boys, wcwiia hoc rare iy jil if the dijors were thrown open, , heir friends and relative were permitted to visit them whenever taey coos U do so, and hundreds 0 curious people were per- mit'ed 10 pass insi.Se the insecure old pris- on eath we?k. The prediction was freciy made that tbe murderers would never be ' executed, and that cg before the day set for trial event wouid niase good their escape. That this prediction was not without rea son became evident on the 3tb day of August. Isv. when deputy sheriff McMiilen discovered that the prisoners bad made every preparation to leave their ineeorr quarters that night. A cell on tbe upp- corridor was kept locked at all times berau of its unsafe condition, and it was by men kccideul that the deputy looked inside. - ( -. M!!T""N Wtlttl U N A bole had been due; in the wall, only the uuUf'.tle course of bnc remailiicr lo he re- moved ; a number of -heeta were fiund tied tocether. makiox ni lone enoash to reach from tne ceil to the ground ; cbi.'ls. braces and bits ar.d other too! were fuuod. 1 A Dure tlie bole m the waii was written. (.ood-bye. Mdt, old boy ; we can't stay wilh on-" McMillen was not ready to hare hU Pam bid him adia in this manner. nl (fotng feicw bel.x-.ed the two t.y tsy aJia two ouiers in ttie steel ceil. A guard was placed in the jail thereafter. Bin TT SHraii T JH V7LLtt sh. t. The fmherper ca.-e reachei i's b'ehest dree of horror and exriiemeiit at I i o'rioek Monday, fv-ptember 1 ""!. when J oseph and Inid Nicely made a murderous attack upon depiuy -heri3"McMiilen, shooting him twice through the bojv, snd made their escape to the woods aat of town. Just at nion on that day persons on Union street were startled by the retort of a revolver. The next moment Joe an.l I'ave .Nicely were seen rushing down the jail steps and around tbe east corner of the building. x,. cted tne irot. irnoe oi tne jail yara aia oouno ana ran dowa tne ai.ey as last as Uieir j ouoiu carry ttoem. "The Niceiy j have eecape-.l!" s'nouitd inose wuo saw mem leavine tbe tail. Tbe ,,, ... . l . t exp.ressiun of horror crept over the ;. of ! the hundreds woo had collected aiut the ; iX 13 fcw n,i3u J iZ-I;s of borseme n w.th guns over their shoulders went gallop- j ir.gm the direction of the ten-acre patch of . smiths weawj at tU ;ail w;ti, s:j. woodland tn which tbe criminals bad tken ,!un? OTer their Moulder! and in a short refuge. Hundreds of men and boys, with j tme t-ue s.cvlv b.ijther". the RKkwood bur" all c,omvabl .rta of firearms, from . toy Uhr. who shot and kiile.1 young Ptstol to a repeating nfle. followed on f.iot. , M Continence, were in chains, secure.! Women and latleguis were running here j , ,he n,jr of the,r and there, screamiu; and crvine. Almost! .... .... r the entire ,pa.auon. ex.n,t,ng those who ; .. , nnjlke,, ,h,. a,xr." said IVpuly Mc hd gone in pursuit, collected in the Anvd- j -;;,.,-, he waU;uuia w uke , emy v.'i.re. whence full liew of the wood ! h:,( krf nfmMt.r ...... was to be had. ! iitiwr.is were speedily stationed at couven- i icr.t vints surr.iiin.iirig the thirty acres of woo.:?, wsijf i:.e more vetitures-jme corn- timber for the aiive r.ev-r entered the niitid of anyone, Suddenly a ritle shot rang out on the still r. ana w.tn its eebo came tbe cry. -Here he is- Pave was discovered up aoione the j thick tranche, of a pine tree. It didn't re- o-lire seomd sun.mons to him to come j uwn. tor, ietting Liin f drop from tne i branches to the ground, be held np his 1 ! ... I ... I i.i- l iiaii'is ano v.eszoeij i..r tJ;.j 5 saie, Uiitl t i .. - junciure pu-toj was ttirust ;:i u is iii- ar..i ;r;e question asied. i bo - "It wasn't me; here's my revolver wuh i asked a Hlkcld ribe of the wounded citli ai: the loa ls in it." pfeaded the miserable ! cer. wretch. j -1 if course be did : there can be no doubt The prisoner was conducted to town and ! of it," was the reply. "While I was si rug at every step was greeted with the jeers and i giing to keep the mattSe of bis revolver threats of the infuriated people who lined j away from my heart, his every e.iort was the road. j directed toward getting a shot at a vital "For ;cd's sake don't let them lynch rre." j part. He kept watching his revuiver much he would whisj-er as rapidly asnecnu'd j more closely than be did roe. and then. cat h his breath. " Won! iu't you hate tried j w nen he was toid where the bullets bad toescsj if you had been convicte-I inno- j struck n.e he said at once that it wouldn't fer.tle an.l llie c-lanrv w- alt ....in.! .-.-,.1 i L'it roe- lKr it w t.-. t-. . ...-n ' ' . ' - ' : I never d.d any shooting. Please dont' let I them sbo-t me," and hkea w-.id beast run to the wall, be would turn his Lead from j ..-de M ; , ., sw.fily ,te muscle, of bis j ft" k I7"-'. bi?t tbe Urrunred ei- pre-:on cn bi-t face showed that fce was ia j e-nant S-arof an attack fmm ti rear. j "It war.'t me that did the h'Mtir.i? I i t "ever 110-1 w snot, as my revolver sr.ows. I'on'l let thetn kill me." he pleaded every j 1 step of the way ba- k to jail. i THE ( CPTrui or Joe. J THE rvse-BiOI SAVID HI. A lire of men. psce.1 six f.t pa-t, were I 'dor a lone time I have earned this book man-bins -lowly and guar J;,ty th-xmjrh the ! in wy opjr left vest por ket. The first bul 1 w H. when a man's b kly partly concealed j ,ct su,ilc4 tbe bjok. which derlected its i hehiud a log and covered :th leave, at- course, or it would have gone straight ia. tracted the attention of one of ;b hnnte-s. I iet up there, and bold up your hands" was tlie prompt command. "ri cr t.'innjts"' "I .n't ?h4. for the love of (J.d. I ara unarmed." cried theeowardiy cur, who ha ! but twf hours before shot Iiepi.-v h. rilT McMiilen in cold blood, fiettifg .n h's ktie. the envicte. m't'derer who ha 1 al ways oorn hinisilf with the fearle-siies. of a lion, begged that his life be spare.! bim a little w hite longer. XTS'lltS-i riCKVEVTJtn. 11 torture a i j "I.et's bang bim." "N ". we j oniess-ion out of bim t'.-v," "tlet a roje " ' "He's not lit to live " n.l similar expressions 1 were to be heard on ail sides. I "You're among the sVjniereet coUn-v futch." yel'.el one, "and we alwavs let the Jaw take its cour "The law's too slow, replied the excited tuob. The fellow w ho referred to tbe Somerset rutch. struck a popular chord, and fmra ! that instant better council prevsiie, not withstanding the chorus of "gt-t the rope." ' Hane him." "He murdered two men and ougnt to ciie." The march from the woods to the town wa ee of wildest ev -itement. The crowd increa.-te.i at every step and tlie cries for ven i geance grew louder and louder. Tbe streets ' were crowded with women who anxiously asked "which is he " and then in tones of deepest hatred, hissed "kill bim, he' not fit to live." When the crowd reached the Arwi-wiy s-j-.ace vuerw wan a s-tene 01 m- ter se cam motion, and for a few moments it looked as though the lynching augirested at tbe woods would be earned into effect right there. But cooler beads again prevented any such attemj from being consummat ed, and after Comparative quiet had been restored, tiie "iittie man" wa. hurried np Union Street and back into the jail from which he had essaied. "Joe" Nicely bung his heal like a craven coward, insisting all the while that be had Dot aaot McMilieo and begged ti) be saved from the crowd who gibed and taunted bim as he passed by . A search of tiie jail, revealed four oew smith Wesson revolvers, in addition to the two that were found on the prisoners in tbe woods, but their hiding piace was not revealed until acnoCession bad been choked from one of tbe prisoners, who was in tne Nicely cooSJeoce. A liberal supply of cartridge was also found a TaL wrrw the sr ilt's. V Heaat-B reporter stepped cp to Dave Kt -elv' cell after the brothers were return I j il and was invite bj "gj to b an 1 mind your own d d business. Yoa follows have done all yoa couid to convict as." , 'ell n wUett the rt-"iert rotue into jtut " Thsi'a n..n nf c.r rt .1 hr.inM " wras.be ma le beeaiise tetej-mm" were, re-ei-fd tbe curt roIy. Ive "ui 'len'Iv to'! me of theftirti hat tne revolver had been banded in be f re the attempt to break jail several weeks previi.us had been discovered : and that they werw handed to Joe tbruugh the ven tilator. joi's oii,r roto.ck. " Hjw's Mill ? Where dd the bal's strike i.i'ii" Wnn !. ld;ht the d-p i' v'liT wa in a very rntica! ron'i.titm and tha' tbj b il lets enteretl just below the heart, he iju.etiy rrniarked : - It won't k Qi bnj ; tliey are too low.'- How did this atfairwrur, Jo T" Weil, now, I'll tell yoa ai! aboot it. We were eoc f icteil when we were innocent, and ks the chances were ail against us. we deter mined to escape. Letters have been receiv ed, loo, saying that the jail was to be blown up with dynamite, and w didn't want to be here when that happened." " You have gotten yoarself in nice posi ttoo by attempting to murder the deputy sheniT," ventured the reporter. " I can't understand why innocent men would made a break of this kind '' " We made up our minds to go about a week aj?o. The sherit? went away this morn ing ; everybody io town was likely at din ner, and I thought we coaid s.wre Miit. In stead of that he grubbed me by both wriau when I juruped out of the door. I had nev er handled a self cocking revolver before and it went off accidentally. Milt held on to me and we kept on scuttling, when tbe pistol aain went o:f. I'm sorry if tbe shot hit biiu." Kow does it come that Dave left you o far in the rear when you were running f a.-ked the reporter. "You know he's sickly." Thai's something I can't understand. I used to do three nuies without stopping. I guess this long connriement is the reason. I'ave run like di-er ; I couldn't begin to keep np with him." " Thi; kocks your case in tbe Supreme Court btgb and dry,,' suggested some one standing by. " I tuppoae it will," said Joe , " we've made a bad mess of it ail around." and I'm mighty sorry lor it." "Were the boys clone to you in the wd s" " I sbould say taey were ; one time I Lad to draw in my legs to keep socne feiiow horse from tramping on them. Dozzer.s ot people passed within a few feet of me. Wliec i firM eot into the woods and was rur.nli.lt a j bullet whistled by my ear that I think must I have cat my hair. When we got to the far j j end of the woods we saw that escape was cut "When were the pistols handed into jail?" " Let me see ; this is Monday ; they were handed in through the ventilator iloniiay night." When Pave Nicely was searched a loaded revolver and an unbroken box of cartridges were found in his pockets. Joe had thrown his revolver way before he was captured, and it was picked up a few feet from the scvit- Tw.-i chambers hat been Jfcanred. A la-, nnmVr.if ear. trias were found in his racket, SnortiT .fvr i 0v;,..k tmr .!ltart black- as the door i tbmwo oiien Joe Nicely leaped out iid t!a.-hetl revolver in my face. I noticed one of the prisoners inside had I drawn a revolver on the watchman. I grb- MJiAf alJ Vv , sca.M. . r, of mr 9tn a to keepine him ,uii,. a ah. mi a vi.I hn, soon as he got the muzxi-e of his pistol oter nute he got another ahot in the same j.j. 1(.re haJ rua oa, n the niemnwbi,, and as 1 was p'.aviug a losing game I lefi And su,.red b(ll.k lo tiie iljor ; and turr.el the kev. Then I went to my ronui adjoining the hall for niy ride. I'.y . 1.1. ? nmc ie onien came running in, ana tf( , WM ihMj Bli(je me j.e duwn Jilk SHOT TO KIL1 'To you think Joe meant to kill you?" , , ' ce had hid knowledge of where to shoot to kill. "The in-taut it covered mv heart, he puil- ed the trigger. The cond shot was not fired nil t ight r ten seconds afterward. when be got anotlier crac k al the same sjot. I hat be was shooting to kill and what he was a;n-or t i..hr.fi K? hIa. ;n s ""- J siue. taey are scarcely half an inch apart. and if it bad not been for my piss-bk, I would not be talking to you to-dav. :'d fbabiy struck my heart." The book was prodacod and showed clear ly that the bullet bad been slightly turned in a downward direction by coming in con tact with it. A clean hole was made through the top cover and the first few pages, while j ou.y the outside edges of the other tf.ges, and the lower cover was cut by the bullet. I "oh, Joe is an old-timer at this sort of bti-iiie-a, and anei(rt slerf," continued the leputy Sheriff. "Ihd the similarity of the way that Herman t'mberi;er and mvself j were both shot ever strike you ? l'mlerger mUSt !u,re wrB,tled with Jc much the same as 1 d: i, and tiie bali entered his body al most precisely at the same piace they enter ed mirie.otiiy I'mberger didn't have a friend ly paMs.fc to divert the course of one of the bails, and it passed through hi heart and killed him. The revolvers used were of the same caiibre and pattern. If I bail had roy revolver J.ie would never have shot twice. He got tbe drop on me, but I wot. Id have Lad the second shot," and th brave young officer, fcu contorted by the intense join he was enduring, sank wari!y back on bis pillows. Mr. MoMillen recovered although his life was de-laired of foi aoine .lays and was oue of the death watch placed over tbe doomed men ten day ago. HI IT SOTl" E SEBVID OS 4. StokLT, THE FartiSRor tub wibdebikk. Anthony A. Nicely, father of Jtseph and Pavid Niceiy. arrive. in Somerset on the noun train, just a few minutes before his two son ma.ie their felonious assault upon Deputy Sheriff McMiilen. He stopped at the Somerset House and went at once to his room. A lew minntes after he had reached bis room tbe alarm of tbe escape of the pris oners and of their shooting tbe t"epoty Sberi3 was spread Tbe clerk at the hotel rushed to Mr. Nicely room and told him of the occurrence. When he waa told that bis ions had escaped be seemed pleased : but at the further announcement that they had shot and probably killed the Deputy Sheriff, be broke down and wept bitterly. Ke said that he bad al ways counseled tbem against committing any act of violence and express- o Freat regret at the as-aalt apon Mr McMiilen, whom be said had alwavs treated , the boys and their relatives who came to thera with the greatest kindness. A targe crowd repaired to tbe Somerset Hoose and served notice on Mr. Nice'y that be most leave town at once. He became greatly alarmed and sent to a livery stable for a team to convey him borne, but be fore it arrive. aa influential citiaen came upon the scene and smxeeded in dispersing the excited crowd, and persuading them to allow the old. gray-haired father of the murderer to remain quietly al the hotel. t Tle-re n no liinild thai I'rretnt of t' Ni" e- lys re that ibi attempt to ew w ! twoda tpeiii from a .rfereni p'a". ! nut T"i uwtn Marb l'.i-l the Nicely N-ys wr.- 'aken to ' Indiana county and pla-ed in the castody vf i Sheria Msck. Tbey were kU ibere during j the summer of !"'. and until aW.it the J m:dd:e of O-tober, when the keys of the j new jail were handed over to the count? I 0nmiHtoner, when thy wee ret::nl ; tc h fi-t-vle of M.-trT fl-n Tr-f ' n-e ts't is -! to 1"-' .tapte-1 -d -wo" emin'y J -r...r.- ' the 5tate. It has but oc def.i t a-i.i t I glaring one. A trapdoor in one of the up("er cirriiltrfs 'ewds to the g-art and ho, .is ont a constant invitation to pritierj U es cape. A Rotten Cord PKaVE"T ES .M'E ANOCAI SES MANY BSoKKtl B"'1 ASH OM t'EATIt. "Hrlpl Ile'pl" was the agnizing cry that came from the (wart van! shortly after dark Staturday. Nov. 2 h A cumber of people started in the direction from which the cry prorwietJ, and were stn broutht to the Doi-heast comer of the jsil. where they fuond a man writhing on the gnvind axel insisting that be was bleeding to death. A glance sofhoedto how thit generai ja:l delivery had been accomplished, and the alirm was rained immediately. A lisriit wss procured bef-)re the excitetl townspeople bad time to rernd to the alarm, and by its d m light the feat urea of Alex t'-i'-er were dis cerned in tbe poor creature who claimed that he was bleeding to death. At his ide lay large woolen blanket, while thirty feet above his bead dargled tbe broken end of a quarter inch rope, which explained how "- J such a piuable piht. Very little sympathy was shown the unfortunate cripple, who ba.1 oniy been placed in jail one Week belvre. cnargeti wi'.n o.vir.g set nre io ms ne.aa bors. Mr. Abram Sevits , bam. and be was mb Having set bre to bis neiga- rudeiy gs:her. into a b.anket and carrieti into the Sheri T resi'lence. Meanwhile tbe Sheri.f. .vompaniel by hi"" deputy, the janitor and anumber ofciti- ien,, bad gone into the jail to make an ex- aminat.on, while the vast crowd rtbered on tbe ouiaioe were giving Teni io ineir ia dienation at the insecurity of tbe new a:l. Tbe jail contained seven inmates, but two only were left, a colored man a:nl a cr: j p!ei boy Mct-'arty McCarty told ihe foiiowjig story: llumbertson, the Etx-kwocsl bura- ! lar, sawed the lot k off the trap door ten days ago and went np into tbe hft every day thereafter, where he could be heard work ing on the br.ck wail. The boy Keiser al ways stood guard and bad plenty of time in which to notify Hnmbertson of tiie approach of any of the jai! officials. At dark this venir.g tbe combination box was ojened and the Nicely beys were soon released from their cei's and had bid the saws beneath the dry clone's. When the door of II ambert son ceil was opened, it re-juired very little e.ifort to crawl from it through the trap door above. H'jniiiert.s.,n was the crt to go up. The baskets and hammock in bis ceil were handed to him. and in a second JoeNiceiy joined h;ru. It was almost seven o'clock by ; this time, and the prisoners were greatly ei- : I dted. Joe and Htiaibertsoa were etiwed ', ! in making a rope by tbe light of a si . ill j hand lamp that had been handed up to i t them, and removing the outer layer of bricks ; from the hole that bad been dug alongside I j the water spout in the northeast c.irtier of j ' the wail. "Kverything is ready : come on, i j Pave!" whispered Jo from the hole in the ' i ceilinctand tbe neit ruinate I'ave Lad join- i ed his brother and Hambertson in the gar ret. Joe was Ihe first to attempt to crawl j down the hurriedlv coiistructed npe. and 1 it broke under hs weight, letting bira drop about ten feet to the ground. Hnmhertson followel next, and cat. bine hold of the wa ter spout, succeeded in reaching tbe cmur.d in safety. I"ave turn came next, but he missed his bold on the spout, and fell more than one haif of the entire distance from the rope to the gf "umh Keiser scaled the water pt in safety. By this time t "ueer had crawled into the lofr, notwithstanding the warnings given him by the darkey ar.d j McCarty. wbotoid him that he couid never ; erawi down, a roe. Both of these prisoners say that "irer was greatly ex rite and was ; biowine like a liellows. and that Joe Niceiy i hadoniere-i him from the trap-dour above ! to keen still nd siav where be was or he would kill him. But tjueer said. "I am goine to leave." and two or three minutes afterward the prisoners left behind heard his body falling to the ground, quickly foiiowed by his cries of pain. While the Sheriff and bis party were in the jail the court bouse bell was rung by some of the more excited citizens, and when tbe t-herirTapisre. among the crowd and asked that all of the men present follow him to the court room, he was accompanied by a small number of the ercat concourse oi" peo ple. The Sheriff announced that be would give 1 a reward of S-V" for the re-capture of tiie ! Nicely boys, and would pay the expen.es of ail tbe men present who would go in pursuit j of them. i Not exceeding ten men .enlisted in the ! Sheriffs p and s.n as they couid se- ! cure horses they were otf in the direction of I.ieonier. Telegrams were sent to all of the towns in Somerset and Westmoreland counties tell ing of the escape, and dozer., of messages were received ask ine for particulars. The excitement continaed nnti! lone after muimghl. Few persons excepting the ut;i- ( cers. seemed to care whether the Nicely . were re-captured or not. while hundreds of others expressed a hope, that they wouid escape. The excitement of the people continued throughout the following dy. and Monday morning a force of men were started in pnr snit. McCarty bad said that tbe escaped prisoners were to rendezvous at a point in tbe mountaii bTe Lvouic-r. and nearly ail of tbe pursuers tarted in that direction. Tbe county Commissioners oif-red a reward of k for the capture of the N.ceiy boys. cxrrt bi or pavi st.'riT. There were not more than baif a don people around ice county nl at t o ci.a k Monday morning, when Wm. Feraer, a well known young farmer residing in the out skin nenh of town, drove his trusty oid black horse bitched in a 1 uggy up to the jail door. Sitti;.; by bia side waa au inanimate looking creature with a slouch bat drawn down over his eyes and a heavy overcoat encircling b.s body. Femer's companion was recognize at once as I'ave Niceiy. Hs fa.e was pale as death, and it required the assistance of two strong men to lift bim out of the buggy and np to the ceil he had vacate. so unceremoniously Saturday even ing. The prisoner's left leg was rudely bandaired and bis left wrist was swollen frightfully. The jail physician. Dr. H. S. Kimmei, was sent for at once, and .ending bis coming Mr. Femer relate! the story of how he came to tag little Iavid. "I took a lantern ar.d went to the bern to feed my stoc k before dny light this morning." said Mr. Ferner. "and after I had climbed into the mow and put one or two for, full of hay in tlie rac ks. I was startled on hear ing a voice plead "for ti jd's sake, don t k 11 me: I am hurt and want to give myself op" Fvrner was anabie to see from whemje the voice proceeJe J, and asked, "who are you "" "I'ave Niceiy." was tbe prompt reply Weii, get iut of ther-and down onto the thresh- ing fl tor," F.-rner comman.led. boldlnit bis bay fork in a threatening pasition. The command was obeye.1 a promptly as the poor wretch crippled condition would per- mit of bis climbing to tbe flf below. ing bis belplesness. Ferner assisted him to bis bouse, and in compliance to a retine-st for something to eat from the almost famish ed man set about preparing a meal for bim. By tbe time tbe meal was prej-ared Dive became sick and was able to eat but little, j held : 1 couid see a white barn in the dist He complained constantly of bis foot, and j ance aud made for it, thinking to May there Ferner bathed it for hi ra in cold water. N1 .ail n'g'it and ret away the next night; withstanding bis beipii-w condition, be ofiered Femer ll'.o to carrv him to the cther tide of the moon tain, and aaaurtd hits lie If-iiiff W.Hil.i .rl ht.tti Oi mturu rn -e.i tiirr. "That iJ-niSle tlse 1 . ii r-d f -f u, iis i I'are. Kf rner thetr -ewa; turned taetrr red hriV. mini aSiut haif- p.t ehl o'el trk h hitched op his horse jn l hr.ieicit the pmt .!evil to the jsil. tin eta orst on, lr. Kirnmel ft Kind that Dave " bf s ft ankie was ba.lly bn.kn, loih of hi- iWt fnr 2n. and th.t hs left wri was terri Jy sprained. The Ikx-tor did everytl ine iQ h's power to reiieve the surfer- tr.e of i! e i-:erhle mat. bnt fritsj 'ie . o:M x-r.! f . save t:j fvra ef.ng .-lit. r-rr-. .-ir w t fir? T.ii ilini..; ifiiifr Pit Nre'e sa. d I jai -ltts rry th. I atfenifite-l to et.Tp. and thi-k a: y nan wc:!d Lave made the siui t'.T ir: had he been in ny piwtioo. We had our p ass fvr esca, all made and were ociy wai: n till an opportune moment ar rived. T! e time arrived -Saturday evening The hole iU the wail was ail ready for us to iro through, ail that remained to be done was to remove theoutside brit i. Joe aud Hum bertson w nt up inu the bift of the jail first. Joe was the rst to go down the rope a'ld it broke wi h him. Hamber.stn followed Joe. b it 1 d-in't know h.iW he g-t down. Mr t'lrn-wme next and ipv hoid tin the pout at tl s'de ot tbe builOim i:pl and I droppec to the grund. all cr'ppted up. J.je was wa tine for me. and asked if I was hurt; I toid him that I could m walk, and Le said that L s leg w u ofjk-?n. We ail got orer to tli? .--ar ol the jail stable, when we heard iter yell. I to.d Joe and the other fellows tt; strike out for themselves, and they did s.i. Then I commenced to crawl down the alley on my bands and knees, and managed to sret over tbe fence at the end of the alley ; I laid there for at least an hour ; heard the court bo.ise bell ring. nd could hear tbe people yelling ; if it hadn't been for the ejciteiuent cf the people, I would have craw led ba s to the jail and given my- se. t uf. b it mere is no t g w uat tne peo- I . , . , . tot in tnetr ex j iM . .. ,n,i ,rm t..nj mt .hit , ..jaad jt bar,j tra,e!lr,g oa , mr j, anJ k llU, j m1rd to j u t.e wilw , was ()unJ j,,. tin.e durii t the nifrht an-l went into it, tin. kine 'hat 1 ciuld secure a htirse a get 1 a. ay. While in the barn I thought I beard ' r.Lie snrrotin.iin? it. and climbine iutotlie u ft j mw,f Qp wit!l rnw . ,T . temWe tf vhe time , Wit ; m the ban. and I thought it was guarded ( by men fr ni tow n ; I was very giad when I j was .11 sev ered in tiie more i ne, ba-ause I could c.it have lived there, in my condition. aiuch lunitr. I have no i-ha where Joe is. but if he is where I thit. he is. a thousai l men w.ll never fi.-.d him. Jol i" ELY SEft asin TO JOL. About J o'chxk Tuesday afternoon two horses hit -bed to a st rirg wagtn drove qui etly up tha street bai k of tbe jail and stop ped at the ra,- of the sheriff" resideoce. In t.he wagon were thre men two of them were eaii7 re.-gni,t.I as farmers Jonathan J. Barclay and Wm. Miller. Tbe third oc j carsnt of the wsjron wa. mn'Tled cp in a ! heavy ovrrc at ar.d hd fclt hat puiled j weil d-jwn over his eye. The two farmers j al'ghted a- s-n as the waeon stopped nd " compwn.t.o oonaa into ii-e 1 ' ue jail. 10 lew m-jments Mr. iii.-c ay returr.el to the waj n and sm.'.ing'y announced to the small crjwd that had gather-d around it that tie man he had just tekeo into the jail wa-s no less a person.is than Io Nicely. In rert.i!ise to the IIe3wi scr.be's re'ine-t to ttil him the story of J ie arrest. Mr. Bar clay giio.i-aature.lly repi.ed. " weil. there is not much to tell. All my neighbors' barns were being searched so I concluded tosewmh mine.'' "1 searched the barn this morning. I would j.i'.i my fore down into the straw I and would hniltr "Nicelv " oome out here and I get a c.r.uer. J ha.d no idea that he was in my barn. Jast af.er dinr.er my lit tle hired roy. floUrt Hochstetier, l'i or IT years old, and I wen! to the barn to fee. the cattle. I was giving the sttx k their fodder, when tbe t.vy came running down from the threshing door and said there was some one up there, snd he believed it was Nicely. I then went up and found Joe Niceiy sitting on a !r on the mow. He said be was Joe I Niceiv ar.c that he had sprained his lee and couldn't s 1 any further ; said the rope tore wtien he in trying to get out of thejad and fce it 1 an j hurt fc.mseif. I helped him to the b -u.-: be was trembling, and Couid r wa : when o.a. mm tit tb n-l.-ho-i-r. Mm. Miller came: be ; at ! I hi'Led his sprained foot in cold vi i ter : we tree gsve bim dinner, hitched the j hor-es to tne spring waeoa and brought hioa j to j til ; he rsked us not to teli any one who I be was 1.! after he was back in jail ; he had j thin cioth -s on. and was almost perished ; I j put my o eroat and cap on him when we started to town : his left hand was badly skincrd a id torn, and was very much swol j ien ; coning up the road he said ' I despise j eoin hit., that vii ajain ; I have been there ; for 'i m I'.tha, airjvot two years ; coming j iP the ai ey he pointed to the hole in the ! wai! of h- jiil. and said. " 'here is the hole I came 01. t of. l"l SToEV "V THE Sr- ATI. A reoorerof the HsRctn visited J Nice ly in his ceil ten minutes after he had been returned to it. He said. " I want toteil ?' t; " s'rs'-ht story, and everything I tell Tr,u w:!! be the train. We becan this job four or ti.e day? before we got out ; ail the prisoners were to go excepting McCarty and the e :.-rd man ; we knew all about the work that ha i been d-ne by the boys, but I insi-i- d t ia! the roj shouid be maiie out of i bmio. fe.. as they could be eac-iiy buck- ie.lt -ti er. b it the rest wouldn't hear to it beis ise the hammoc ks were white and they -re af-aid that they wouid attratt the attet .n cf t-r-oris on the street ; we fis isbtd saw ir.g the lock of the ceil doors just after sstp.-er. and as ft was then dusk we went tra.-;i.t to the garret, oniv liumi.erts.in. I'ave and mvself went 1 op ; the re-t were io wait until Hambertson j had removed the outside brick. While be ! was ,joi.n 4 this I tied the b ar.kets together i with a re.; that one of tiie b.ys had taken I from the side of a hammock ; tho -.ght I ! couid stn r.:-theii it bv tyine several knots ia I 1 " i i it before I set 'ire- the end to a beam of the j I roof : wb-n the bole in the wall was Enished ! i 1 looked rut and saw the sheri.f and anoth- ! er n an ti me down the side steps ; they went around ttie corner and as soon as tbe sound of their vri -es bad died away I knew there was no d ir.r and letting the blankets and r.ie down. cra.el out the hole. I had or, y gotten do n ui ti.e hr-t blanket when I folt the rope break io-' above me. I have j had eons d-ra'i ie etper.ence in gyina.'ics. and kn"v how to hi mywdf for a f'' . I 1:1 on my foer. but one f.'t s-rj.-k w.nieti.ir.g ha'ian.I ti.rew my rlht an e j m on' of pi.tce : I "atizh" hcI.I of my fo and pu'.ed it into (4 an-l when I set it on le -c.nd 1 heard it crack and knew that it was ail right, l y tins time Dave came tumbling down. 1 sad, " bow did you eet through He ai.swrred. " my leg i broken."' " Mine is badij sprained," I said. Hnra'rtson came d-wn ti.e water spout and was al! nhl , i ien we started for the stable. Hum bertson and I in the lead ; in a minute we heard some one yell. " H in: her-on said that is Dave yelling but ji.-i attliat moment Dav came crawling np. an said. -ran t roa be'p raeT' I re p.iI y o are hurt and so am I, and we will have ti!o oot tor ourselves. Humbert- j son s'arcd otf on a rin as fast as be could go ai. 1 I litnpe.1 d .wn the alley after bim. j That wsthe!ast I saw of Hnmbertson, and j 1 did a t see Keiser at all. My foot was ; paining Wie d-ea-lfuily but I managed to get j over ti.e b.iar fence at tbe foot of the alley j and h-.r iii-J through the fields until I came I to a U".i run. I laid Jiivn on the ifress there until the ground iot warm under me ; :t must have been at .eat an hour. Had made np my mindtoeive my if op if any one came within tailing distance : bewrd people pass ing alor.g the mad but no one came into the th ':;iit it would bi the safest place because i the tsc. t-ie wouid not 5jok for us so close to ' town , 1 bopped through the fields to the L.l:...l it ti 1-ie in.n lr where I rwel. Z"t rilit 1 ' ti r !." ' I tn.n and went u the rarn wre-rs I t r.w ed j URtlev llwt wheat tra on tlie " . iot 1 nu st awful roM fnnn tbe ni'i? '.! in ti e n"e-iing I bumI the is rw as iJ is ' foiu-h surtnw; I due down tfcn-nita it UjT j at least five feet and p ed the straw after j to tighter than it was before, oti'.y leaving tittle air h.!e through w bi..h I eoeid htar j everything that was aid in thvnarn . I coin.) . have taken one "f -J farmer' !. -ei an.l i e."en . i'S- t i'-lt ' "'- i -er r-r,, Jwilt 1 " I I ."ttii I ,-. 1 iwl I t '' ' ! ; l?i. anH wa o huncy ar.-i :l.ir ty ami roy font hn-t tn so much thai I knew 'here a.s no use tryme to get swsy . mj band was cot almost in two pierea by the m-r. Un, and was very tre; when tbe farmer cam into tbe barn at noon and cned. t.'..-n.e down. Niceiy. and 1 11 give y.j a i-l d..n ner.' I studied over it awr ie, be td be.n np in the morning slicking hi fork ic.to the straw, searching for tne. after awhile I bewrtl tbe boy in the barn, an 1 eaiied t. bim. 'come op her ; be repi e.1. ' y u com down' : I was out from nod-r tne straw thee, and Mr. Barclay hai just returned to the barn again. I sa.d. well. 1 g ue 1 1! lake that war 1 dinner." and I got it, t.; I wa so weak that I thot.i!it I wotiid famt every minute ; jou know I was three days without foijd ; he gave me a cc-at and cap. s tnat so one would know me when 1 reached town : am sorry that cv.r plans failed, be caus if I bad gotten to the Laurel H. ii tie-y would never have got me a-ra n ; I know every foot of that mountain, and not !e-s than twenty caves some of inem n.J larger than a man' body at the mouth, but a large as this cell inside. We have lots of friends over there who would bav pmvi.i.d for us. I tell you." he continncl. whi.e great tears rolled down hi pallid ti.eeics - it's bard to suffer for another man s crime. I would give ten years of my life to kn who tbe guilty part.es are. jfy pe'p:e all know that we are innocent of th.s cr.me, and any man who stops to think would not blame us for attempting to save our i.ves. 1 gues the Board of Pardon won't tas any notice of this attempt to tscnit." la a moment tbe fa.- ot the ni jeraiile feiiow bad brightened np again as he said " 1 don't beiieve the jail has ever been built ihat a man can't eet out of. I brought those saws with m from ind.ana ja.1 a;id if tbe Sherirl o that county examines the ce.l I occnpie.1 over there the w.il find that i had sawed a number of nvits c:T and was prepared to leave. We oniy stayed in ti.e Indiana county ja.1 because we thought ttie Board of Banfon would decide in our favor. This jail i a pretty g sjd one. but I cul l saw my way out of it in a very short t.rtte. I am very sorry that cur attempt to ess-ape ended so disastrously." While this recital was going on, I av Nicelv was reclining on his cout h in an ad jainingcell. silently bearing the intense pain that his broken leg and wrist were causing. tr.vre-T!os srrwus jo tn nsve. About five o'clcxk. when all of tbe per sons whom the Sheri J had admitted had ieft the corridors of the jail. lavid Nice'y. who was lying prone on hia hack in a re 1 adjoining that in which Joe is comlne.!. ca.ied out to Jje i "Say. Joe, why did you not zet farther awar " "Have. I was too badly hurt to go any farther." .. pahawl I wa. twice as ba lly hurt a. yoa wi re and I got a great deal farther away than you did.' After a minutes siirn.e. Dave contiaued "We might an w-i! give np now." "I can't see why," replied Joe: "we haven t hurt anyone but ourselves, and how an eJort to escape, situated as we are. can atfect tbe measures eoing on for our re.ief. is something I can't understand." do us any g.od" "Way didn't ynn take a hor and evt awy " deman.led Pave, in a peevish tone. "I did think of that, but on Saturday night I was afraid to do anything for fear I would be retaken ; tbe same tear restrained me Sunday night, and last ciirht the snow came, and I wss afraid they couid track me I if I tried to get away on boreeback." "I wa. hoping ail the time that you would get away." said I'ave petulantly : "because if had nothing would have been d.-r.e with me as long as you were at large. They tave published mine and mother s letter to tbe Pardon Board." This piece of infirm ation appeared to astonish Joe and be muttered a few words of jurpti- Joe than beean to reproach I'ave for not taking his advice reialing lo the mean of escape adopted. "Yon always know- s much " said be viciously. "If you had taken the hammock and tied them together there would have been no break and every one of us would hsve get off and escaped . that lilt.es piece of rope you know I comp.aimd of. but you would use it and now we are both here in jail with broken bone and t leer i.kely to die." "Yes. bnt I did not think the rope would break.' said I'ave meekly, "it k(ueared to be strong enough, but tore where it was partly cut off, if the rope had been strong encuga we ail would have got away." Both of the Niceiy boy were badly r rip pied by the fail. Each sustained a broken foot and sprained arm. Joe feel were se- i verely frozen from exposure. Neither of the I or thers bad er.tireiv recovered frota their injuries at the time of the execution. cjueer die. in jail from theetfects of the injuries be susf-aiced. Hambers.-n was never re-caplared and Kiaer was ai-s.har-a-e.1. Saws in Their Cel'.s. T7icrr to bs. "in rBt"Ta cTxr. Thirteen br'ght, keen toothe-l steel saw measuring trjra five to nine inches in ienit.i and of the thickness of carlboard were ' fonnd in the cel'.s occupied by the Nl.-eiy btiys in the county jail, Sunday. March . l-:l. Sheriff Good wa walking throtigli the corri'lor into which the Niceiy b.ys' ceil, open, at noon, when his attention was at tracted by a bright sjt on one of ti.e ba-. f Dave Nicely' cell door, almost six fot a.ve the floor, and just opposite the stalwart sher i:Ts eyes. Tbe sber.:T did not step to make an examination but proceeded at once to the J Co.lrt ItoW. WDere he invited two or th-e gentlemen to ret i-n to the jad with him. sarin;; that he believe. the Nicely beys were preparing to make anot ber attempt to exeat"- i.ing directly to the ceil cwnpid by I'sve. be succeeded in br.r.ging seven os the dan gerous little saws to light. Some c.f them were concealed beneath the II. Is of tiie wfer closet, others in the seams between the sheet of steel that compose th eli wall. "How much will yoa give us if w te 1 you bow to grow thra T" aske-1 Dave N ly with a lauih. "You ought to leave us a few for seed"' be continue.. "Weil, Joe. bow saany saws have yoa in you ceil T ' asked the Sheriff. The pr.s.n. r coolly replied "I guess yoa can findacouple in here." The Sheriff aoon found three saws con cealed in the seams between the piaies. and turning to the prisoner, assed, "are litre any more T' "Well, yes." answered Joe. who knew there was nothing to be gained by iiei.ng. "I believe there is one or two in roy buna." "Is this all " demanded the sheriff, after he had ubstitutd tl e tick with one from another oeii. "No, I believe there is one there in that corner, responded the prisoner A "er tne sheriff bad taken it out of the seam in wtii. h it had been conceal!. Joe remarked "Yoa have tbem all now ; they were of no use to us, as the bars were too ban to be awed. These saw are gocd enough to get through apadkjckwitb.bat are not strong enougn far ceils like these." A Last Effort. A cbaboc or oossriBacT jot .r-rrcivvr. The last sensation in the famous case was pmnjr at C.reensbarg on Maf h . when M-s. Anthony Nicely made . S rn--tion aralnst John O. Raich and Howard Camp for conspiracy. The suit we disruis. ' ed after a hearing be held the fohowmg wee. s, o
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