The Somerset Herald.
IDWARD 8CTLL. Editor nd Proprietor.
WIDXK8PAY
April M'l
A CELEBRATED CASE.
Locally, and in fact, throughout the
borders of this Commonwealth, the case
which terminate with the execution of
Joseph and David Nicely on Thursday
last, has become a cau rrbhrt. The
crime, the trial, the conviction, and the
deoperat efforts to cheat justice of it
does will go down in the criminal an
nali of the State, a atudy, a wonder and
a lesson to members of the legal pro
fession. Da the evening of the 27th day of
February, lSf, Herman Umberger was
foully slain on bia own hearthstone, in
the presence of his aged wife, and the
savings of a long and laborious life car
ried away. Joseph and Iavid Nicely
were suspected as the perpetrators cf the
double crime. They were tracked to
their homes, arretted, and committed to
prison after a preliminary bearing. They
were tried by a jnry carefully selec ted,
liefore a Judge noted for invariably tem
pering justice w ith mercy, and defended
bv counsel of tbeirown choice, known to
be skilled in the intricacies of the law.
A conviction followed ; an appeal for a
new trial was made, argued, and refused ;
the fvntence of death was pronounced,
and the cane was carried to the highest
Judicial tribunal of the Commonwealth.
There, more than ordinary latitude was
allowed the counsel for the defend, and,
after a atient bearing, that august body
unanimously decided that there was no
cause to reverse the rulings of the court
Mow. This, ordinarily, would have
been deemed final and conclusive as to
the fate of thu criminals, and, in our
judgment, there the case should have
ended. The counsel for the defense had
done their whole duty to their client,
and justice should have had its stern
and unbending way. Not so, however,
thought the counsel, and then there com
jnenced a struggle to overrule tue find
ing of the courts. Once, twice, thrice
w ere appeals made to the Board of l'ar
dons to advise Executive clemency.
Statements, affidavits and alleged con
fessions of nnknown and heretofore un
heard of persons, were adduced as after
discovered evidence, only to le waived
aside by the lioard of Pardons as irrele
vant and unworthy of beliet Then au
information for conspiracy was made
against the ofiieers who had made the
arrest, only to be dismissed as unfounded.
Here a-ain, it was but natural to snptiose
the struggle would have ended ; but the
resources of the doomed men had not yet
been expended, and Joe Nicely suddenly
assumed insanity. He enacted this role
ao perseveringly that Dr. Kitnmel, a com
paratively young man, w hose large prac
tice, bowever, has given him but a lim
ited experience in the phases of this
disease, Ugan to doubt, and finally con
cluded that the affliction was real. No
sooner did Ir. Kimmel express this
opinion, than Dr. Orth, of Harrisburg,
was brought upon the scene, as an expert
in cases of insanity. He examined the
patient, studied the case, and departed
with a gravity and reticence that was
imposing; and then came a dispatch to
the couusel that the learned expert had
certified that Joe was really insane, and
at once another appeal was made for Ex
ecutive clemency. But Governor Pattison
refused to be moved, and the result vin
dicated bis w indorn, for no so sooner was
the alleged insane man madeaware of the
laet.than instantaneously was bis sham
ming cast aside; whereupon one of his
eminent counsel impiously declared that
"liod lias cleared up his mind at this
linal moment for a purpose. He has
done it in order that he may meet death,
s-rt his innocence, and clear his mem
ory and leave his children bis good
name." As if the Omnipotent was
miraculously interfering, to give a con
demned murderer an opportunity to
'assert his innocence and clear bis mem
ory" ! : But setting aside this miraculous
intervention of Divine Providence, in
w hat a pitiful plight it places the learned
medical ex pert who was so swift to cer
tify. One thing is certain Joseph Nicely
was not insane, notwithstanding the as
sertions of the legal and medical experts.
One other thing may be relied upon. The
eridence of expert will hereafter be
looked upon by juries in this county
with more than the usual amount of
suspicion.
We make tbi brief resume of the case
because of the persistent efforts of inter
ested parties to niialead public opinion
as to the guilt of the unhappy criminals.
It is due to the court, the jury and the
counsel for the Commonwealth that not
the slightest cloud of suspicion should be
attached to their actions. Nothing could
be more detrimental to the interests of
justice than the doubt that the law has
been meted out with an even hand and
in undoubted accordance with the eri
ur-m-B. i no evu-aoer escape, is its
etern mandate; and a strict compliance
with this injunction is the only safeguard
of society.
It seems meet to us, that this celebrated
case should not be permitted to take it
place on the page of history without an
acknow ledgment of the signal sen ices cl
the counsel for the Commonwealth. The
District Attorney, with Messrs. Cemnk
and Kooeer, prosecuted the case in the
courts with marked ability, unremitting
fidelity and unerring judgment. When
it passed beyond that sta;?e the labor fell
principally upon Mr. Kooser, and bow
veil be discharged that duty, through
two year of ceaseless: toil and anxiety, it
attested by the overthrow of the cun
ningly devised schemes of bis adver
saries and the final triumph of law ard
justice.
ALL DOUBT AT REST !
Dave Nicely Confesses
To Participation in the Killing of
Herman Umberger.
The Men Who Met Death on the Gallows
Last Thursday were Guilty of the
Crime for Which They Died.
Oilier poisons Believed to lie Implicated
THE CONFESSION OF DAVE DELAYED BECAUSE HE
THOUGHT THE MAKING OF IT WOULD IN
SURE HIS DEATH AT THE HANDS
OF HIS ACCOMPLICES IN
THE CRIME.
HE NEVER ABANDONED HOPE OF
ITS DUES 'TILL WITHIN A FEW
And then Exacted a Promise that What He Said Should Not
Be Made Public Until After His Death.
He Fired Two Shots in the House, but
None into the Body of Umberger.
IT IS BELIEVED JOE ALSO AC
KNOWLEDGED HIS GUILT.
Burial at
The Reason of Their Aged Mother Dethroned
and She Becomes a Raving Maniac.
Interesting Interviews with F.J. Kooser, Esq., Sheriff Good,
Eider C. W. Granger and others.
The folio i ina: confession was made by
David Xice'y to Kl.lcr C. W. Granger,
on Wednesday, April 1, 1!1. The state
ment was reduced to writing, word for
word, as it fell from the lips of the
condemned man, who apparently realiz
ed for the first tinie since his arrest and
incarceration more than two years ago,
that all chance of escaping the gallon
was gone, and that within a few brief
hours he would Lavs to pay with his
life the penally of his appalling crime,
and stand ia the presence of Him who
knowetb all things.
He affixed his signature to the docu
ment in a firm, bald hand, and appeared
as though a heavy burden had been
lifted from bis shoulders. That he would
have made a more full and complete
confession of the foul crime, had he not
been restrained by others stronrer than
he, there can be no doubt
Shortly after making and signing the
above statement he was immersed by
Elder Granger.
Although frequently questioned as to
Lis guilt, he never, after his immersion,
denied it, but, if possible, evaded the
question. To a few persons he acknowl.
edged it. Py this confession the
guiltof both Joseph and David Nicely is
established beyond cavil. The abuse
heaped upon the Herald by interested
parties who for two years and more have
been accusing it of pursuing innocent
men, has recoiled upon its accusers,
and its fearless course has been fully
vindicated.
SMKi:srr Jaiu Somerset. Pa.,
April 1ft, 1891.
I. David Xifelv, make concern
ing the murder of Herman Umlwr
g"cr, fur which I am convicted
and sentenced to be hung, April
2nd, 1891, the following state
mcnt : I was present when Herman
Umberger was murdered. I left my
home about 1 o'clock on February
27th. 1889, to go to some place in
Somerset county for the purpose of
robbery but not murder, and did
not know who wa9 to be robbed,
not learning Mr. Umberger's name
until well along on the road.
The mnrder took place about 7
o'clock in the evening. I arrived at
my home about 1 or 2 o'clock the
next morning. I had a pistol and
fired into the ceiling, but not with
the intention of hitting Mr. Umber
ger, nor did any ehot I fired hit
him. 1 intended only to frighten
him.
As to my evidence in Court, part
wad true, and part was not.
My evidence iu Court was not
true in this : I said I was not pres
ent at Herman Umberger's murder,
when I was. The pockctbook pro
duced in Court as mine was not the
CHEATING THE GALLOWS OF
HOURS OF HIS EXECUTION,
Ligonier.
one which I trave to Will Thomas,
as I testified in Court. It was bo
gus.
Hamilton Smith's testimony in
the case against me was false ia
this: I was not in Ligonier on the
27th day of February 18S9, as he.
swore.
Low Coener and I'd. McCracken
did not meet me on the pike, as
they staled in Court.
Charles Vaneer and Lewis Va.
ncer, his sou. could not have recog
nized me where their testimony says
they did, n the Pittsburgh and
Philadelphia Pike. Feb. 27, 1889.
I make these statements in view
of approaching execution, in the fear
of God, truthfully, to C. W. Gran
ger, my spiritual advisor.
(Sigued) 13. C. NICELY.
On being asked, after he had made the
statement acknowledging his guilt, why
he had not done so a year ago and thus
saved Lis neck from the hangman's
noose, Dave Nicely replied ; " 1 knew h
would be certain death to me if I did.
There were parties outside who would
have shot me down the moment I was
released. I always thought it Eater to
take the chances of a pardon or an es
cape." It is very generally believed that Joe
Nicely made a full confession to parties
w ho were with him during his hist hours
of life. If he did, he exacted from them
a promise not to reveal what he made
known unto them till a certain time af
ter his death. Said one of them only
yesterday, to a Hekai.d reporter, " You
most not ask me what Joe said to me for
I cannot tell you at this time. I know
him to be guilty of the crime f.r which
he forfeited bis life, but just how I know
it, and just what I know, I am not at lib
erty to tell yon now. At some time
in the near future, after the bond of sec
recy has been removed from me, 1 will
give you some very startling and inter
esting information in regard to this
case."
"Brace up Joe and walk out like a
man," said a well-known resident of
Somerset who was aviating .Sheriff Good
in making preparations for the execu
tion. " I will do the best I can. I am
prepared to die an J am not afraid, and if
I could He down on that cot and die it
would be much easier than to be cut off
ao sodden, it is only a little over two
hours now till the time. It is hard to
die as I have - to. I am hearty and
healthy. I have been at death beds
when I knew that the people were ready
and willing to die, bnt still there seemed
to be something back ; they wanted to
live and then turning and walking to
the back of bin cell w ith hia chin drop
ping on his chest and great tears stream
ing dow n Lis cheeks the wretdned man
muttered distinctly but hesitatingly " I
guess I deserve it.
Elder Granger Speak9.
F.ldcr '. W. Grander, to whom the above
confession was ma le, said to a Hebald
reiKTter: "I first visited the Nicely boys
oa tLe -Sth of November last and learned
that Jv.ve was not a member of any relig
ions denomination. From that time on I
visited the jad at intervals of perhaps a
week. Shortly aficr tbeir escape on the
2Uh of November, and subsequent return
to jail, and when the brothers were lying in
their cells seriously injured, I began to press
the niessspes of the gospel upon Pare, with
out retard to the crime of which he had
been convicted, or hissnrroundings. I tried
to impress him with the fact that unless be
was truthful he could not boj for immor
tality. He never declared hi innocent to
me at any lime, and while he was yet un
able to walk he expressed a desire to be
b.iptized and asked that he be taken to the
church to have the baptism performed. I
made his request known to Sheriff Good,
and with him and Jonas M. Cook visited
Judge Boer and requested that be make an
order granting this request of the prisoner.
His Honor paid he bad no authority
fur making such an order, but that
he bad no doubt if the Sheriff ac
ceded to the prisoners wishes it would be
unobjectionable. Dave could never fully
make up bis mind to confess, and taid be
would not do so until he bad consulted with
liia counsel. I never urged a confession.
only insisting that he tell the truth in regard
to his complicity in the Utnberger tragedy
if he was implicated at all and leave others
to answer to the Lord for their crimes. As
I said before, he never once declared bis in
nocence to me, and never proposed to make
a statement until the morning of the day
before the execution. When I left him
Tuesday night he said, 'I will be baptized in
the morning.' understand that be request
ed Sheriff Good to have the bath-tub filled
with water that morning, and when I called
uou him about 9 o'clock he expressed his
desire to be baptized, and made the above
statement, to which be affixed his signature.
Just one week before the execution be re
mained to me, 'they w ill never Dang me ; I
have had plenty of opportunities to commit
suicide, but I will not do that, because
people would look upon that as a confession
of guilt.' I prevailed upon him not to make
an attempt upon his own life. The morn
ing of the execution he taid to me, 'there
Lave been a great many questions asked me
today that 1 could not answer.' "
"How dues it come that you have with
held this information from the public for a
week, Mr. Granger?"
"I withheld it for one week at the request
of Dave, and I think I am justified in
doing so. I regarded it almost as his dying
request, and as he expressed a desire that it
should not be given to the public for one
week, I agreed to withhold it for that length
of lime."
Elder Granger gives it as his opinion that
Dave was far from being entirely depraved,
ana tnuias mat a ternuie name between
gaud and bad had been waging in the heart
of the miserable man for mouths, and that
only after a la:t desperate struggle the good
conquered.
All who saw and conversed with Dave on
the day of his death are satisfied of his pen
itence, and to at least one person besides
Eider Granger he admitted his guilt.
KLl'EB OkAXUER VHIT3 J0K SICKLY.
'When I reached the jail shortly before
nine o'clock Thursday morning, having
tome at the request of Joe Nicely, I went di
rectly to the prisoner's cell." said Elder
Granger. " The prisoner looked up and re
marked ' they sny this i the day we are to
be evented.' I told him it was."
" I feel happy, like shouting," said the
cur.de niued man.
The good minister drew a small testament
from his pocket and after reading and ex
plaining a passage of the gospel, asked, "do
you thick that a person who doea not tell
the truth can go to heaven? ' " No," replied
the prisoner.
' If a person guilty of a crime should con
fess it to God but deny it to man, can be go
to Leaven?"'
Again the prisoner answered, " No."
" If a man has anything against another
what do you think he should do?"
" I think he ought to make It right with
him as far as possible by asking his pardon
and making restoration," replied the prison
er. " You committed a murderous assault on
IWputy Sheriff McUillrn," continued the
minister, "have you said anything to him
abi.ut if.'"
" I did not know what I was doing -hen I
hot- Lim," was the response. " I was excit
ed and trying to get away. I want tosee
him to day and ask his forgiveness."
" Are you innocent of all complicity in
the t'mberger murder?"
' I did not murder Umberger," was the
equivucal reply.
Klder Granger asked the doomed man a
number of similar questions to which the
rep; it were all oi an uncetain character.
finally tLx minister asked, 'can you say
that Dave was Innocent of all complicity in
the murder of Mr. fmberger?"
" Isve niut answer for himself," said Joe.
lie then remarked that he had an unfin
ished leiter on his table, and Elder Granger
retired from the prisoner's cell and was not
alone with him again.
.ii.'''"v--1,?"-.3
F. J. KOOSER, ESQ.
Interesting Talk with K. J. Koos
er, Esq.
UK IS Ft LI.Y SATISFIED THAT ONl.V JprH E
WAS POSE.
As is well known, the burden ot the pros
ecution in the I'mberger mnrder case has
rwtcd upon the shoulders of K. J. Kooser,
E-q., and realizing that the public would
like to hear his impressions of the case,
since the sentence of the law Las been exe
cuted, a Herald reporter monopolized as
niucb of his time as he was able to accord
him Monday forenoon.
Mr. Kooser was found in his office look
ing up authorities on the Jurisdiction of
Notaries 1'ublic," when our reporter entered
and put the following questions to him :
' Mr. Kooser, have you anything you de
sire to say, or are willing to say, oa the Nice
ly case?"
' Xotbing, except that its result was the
conviction and execution of the proper par
ties. But its result has been unsatisfactory
to me in this that it has failed to discover
where any of the stolen money U to be
found. An important duty upon me in the
case was to And trace of the money for the
rruberger estate, If I could "
" How had you expected to learn of the
money ?"
" lly a confession from Dave. For a long
time I believed the money was hidden away,
and a confession could be made without
connecting others with the crime. His
conditional or,rr of a confession to Sheriff
McMiileu, de'tbentrly written oat, confirm.
ed this belief K.T n. Later I arrived at the
conciiisioo that iV btoney was not hidden
say, but was in tarJ of accomplices,
from that time my Sthtf that a full con-f.-sswa
would come dw'odled to a shadowy
Lope. 1 kn'W the- rn could think quh k
ly and shrewd'?. They knew a confession
1
4. t.-r - -V ft
locating the money or otherwise implicating
other peop' would be promptly followed by
the anest, conviction and sentence of the
othere."
" But it is rumored there is a confession
by Dave. What do you know about that?"
" I know nothing about it, except that
there is no confession or statement of any
kind pointing the way to the money. I
think it probable Dave has, as he said, made
a statement to Rev. Granger, and in It ad
mitted bis guilt, but be certainly has not
told the whole story. Whatever he has said
has been in the form of deathbed repentance
and it is likely be regarded a mere admis
sioi of his own connection with the case as
sutlicient for this. 1 don't believe he has
implicated any one not even his brother
Joe, though there can be no " glimmer of
doubt " that Joe and the brown derby were
in the t'mberger homestead.
" I conclude that the whole story Las not
been told, because it would involve the ar
rest of the parties having the money, or
what is left of it; make indelible the stain
upon witnesses for giving false testimony,
a id siill fail to procure for Dave what earli
er, when offering confession to Sheriff
McMillen, he hoped, pardon, or at least
commutation. If Dave made a confession
it must have been, I think, nnder two con
tending mental forces one calling for full
enough admission to win bim the protec
tion of religion according to his notion of it,
and the other loudly demanding that be
protect bis friends. He has probably cut be
tween, making scant his election on the one
hand, and leaving scant protection to his
frieuds on the other."
" What do you think of the possibility of
Dave's being guilty, and Joe not ?"
" It is absolutely impossible. Three wit
nesses identified Joe with Dave before reach
ing the t'mberger house, before they donned
the "handkerchiefs and false beard ; three
others recognized them as the men within
the house, in disguise. Joe's brown derby
bat, w ith the hole in the rim, was the best
marked and best described article of apparel
worn by either at the house. It was fully
described before the arrest, or its recovery.
The brown derby was present at the mur
der ; the brown derby was worn by the
stouter and shorter man. Since the trial,
and for use before the Board of Pardons, the
Commonwealth has proven by four witness
es, in depositions, that this hat had the hole
in the rim the night of Joe's arrest, and
three others testified they bad seen the hat
on Joe's bead, and the bole in the rim dur
ing February, and bjfjre the murder.
" Joe's last letter as published, writton to
bis wife on the morning of his execution,
contains no declaration of innocence. No
innocent man could write such a letter and
not make his innocence the chief harden of
his story.
Joe and Dave both stood upon the trap
with eternity but a clock-tick away, and
neither, in that awful presence, dared say,
" I am innocent."
"No living man, innocent of crime and
capable of speech, can go to bis death upon
the scalfold without using for his last words,
" I am innocent." w
" And more, and if anything stronger than
this, the earth cannot produce the monster
human who would stand forexecution, guil
ty, beside aud with an innocent brother and
net. with the last breath of his lungs and
the last motion of his lips, proclaim that
brother's innocence. The evidence estab
lished the guilt of both, the logic of events
confirm it. What the statement or confess
ion will show, remains to be seen."
" Now that the case is over, have you any
thing to say about the trial, or the evidence,
or the eff jrta for pardon ?"
" No. sir ; I have already said more than I
thought yon could lead from me. I have
done precisely what I thought right in the
case, believing I was aiding the court and
jury in arriving at a correct verdict against
the proper parties, for a crime unmatched in
its brutality. The verdict and subsequent
events disose of the character of defendants'
testimony."
" Well, one other question, Mr. Kooser,
and I'll not trouble you any further. What
do you think of the now celebrated Beach
confession?"
' It is raw nonsense. Any average child's
m'nd could produce a better romance. The
frame work of it lay out on top. The men
tal operation which produced it could be
traced with ease from the first struggle to
find a mysterious missing man for confessor,
through to the final disappearance of the
stranger down the mud pike with a grip
sack full of money. He equaled the Wan
dering Jew for mystery, and beat bim all
hollow in his supply of funds."'
An Interview With Sheriff Good.
Sheriff Good is a hard man to interview ;
not that he is unwilling to give his views to
the public, but because be has been unusual
ly busy with duties connected with bis office
during ibe past two or three weeks.
When a Hkbald reporter struck him
Tuesday night, be had just returned from a
trip to the country and had barely bad time
to swallow his sup(er.
"Sheriff," said the Herald man, "are you
satii-fied that you executed two guilty men
last Thursday ?" "I am," was the reply.
' Do you care to give the readers of the
HiatLD your reasons for thinking so?"
"I would do so in a minute if I could.
You see, some things that I have learned
were only told me after I had promised to
keep them secret, and I cannot reveal them
until the gentleman who has confided in
me has taken the seal from my lips ; but at
the same time there is not the slightest
doubt in my mind that the guilty parties
were executed. One thing that convinces
me of this is a conversation I had with Dave
Nicely a few days before the execution. We
were talking about the probabilities of a
respite being grsn;cd bim and bis brother,
and, incase a respiU should be granted, if
he would not be able to secure a pardon or
commutation of sentence to life imprison
ment, when Dave suddenly turned and
said, 'it is no use for Joe, but my life might
be saved.' From that moment I was con
vinced of his complicity in the t'mberger
murder. I know that they were the right
Wtn. aud that is all I can say at this time."
"Did you never hear any conversation
between the brothers that led you to believe
them guilty?"
"Never a word ; but Pave tore up a piece
of manuscript a few days before the execu
tion and threw it down the dry-closet,
and I would not be surprised if it was a
written confession he bad intended to hand
to some one, but on second tbrought con
cluded that he had better destroy it."
"Wasn't it very trying on your nerves,
Sheriff, about tha time you sprung the
trap?"
"Of course, I felt the responsibility resting
upon me, bnt I had made up my mind to
do it, and went about it just as calmly as I
would go about making a levy on some poor
widow's property. When a man has a
solemn duty to parform be must not let his
sympathies get the baiter of him. The
people who were present at the execution
can tell you better than I can how I con
ducted myself Thursday. I was afraid we
might Lave some accident and took every
precaution to prevent having a repetition of
the horrible affair over at Washington a few
weeks ago. I never uncoiled the ropes un
til the man who made them arrived. He
advised me not to test them, and it is lucky
that I followed bhf advice, because after the
ropes were taken from their necks I locked
them up until the next day before I exam
ined them, when, to my surprise, I found
that one atraud of Dave's ropa had given
way, close to the noose. It makes me shud
der when I think of what might have hap
pened. There must Lave been a defect in
the rope, because Dave was much lighter
than Joe, and the rope with which Joe was
bung did not yield in the least."
"I reckon you have a great many visitors
wbo are anxious to see t be ropes ?"
"Yes, indeed ; and I'll tell you what I am
going to do in order to save both time and
answering ao many questions. I mean to
bave a glass case made and place the ropes,
handcuff', streps, the Umberger pocket
book, ibe bullet taken from tbe murdered
man's body, and Dave's pistol in it ; have
all the articles plainly labeled, and place it
on exhibition in my office."
"Another thing,'" said ibe Sheriff, with a
hearty laugh, "I received a letter from the
eastern part of the State, in which the writer
said there was insanity in bis family, and
he understood that if a piece of a rope with
which a man had been, hung was kept in
the bouse, none of the family would ever
be subject to tbe disease. I think I'll bave
to write and tell him that the rope cured
Joe's insanity, anyhow. There seems to be
a great many superstitions regarding tbe
physical benefits to be derived by the appli
cation of ropes like these. People think
they will cure all sorts of disease and
chronic ailments."
A Few Stray Notes.
When ex-deputy Sheriff McMillen
went into Joe Mcely'a cell Thursday
morning the prisoner grasped bis hand
and led bim to the rear of the cell and,
while hot tears streamed from his eyes,
begijed forgiveness for the wounds and
suffering he had caused tbe deputy. He
siid, "I had always intended bad I
gotten out of this scrape to make all the
reparation in my power and to have paid
you liberally for the suffering and ex
pense I caused you." The deputy as
sured bim of his full forgiveness.
Wednesday evening Dr. S. 8. (rood, of
Meyerwlale, and Dr. W. IL Gardner, of
New Centerville, visited the jail and
made an examination of Joe's condition.
I said, let me see your tongue, Joe,"
said Dr. Good to a Herald reporter
Thursday morning, "and the prisoner
put his out as naturally as any patient I
. . i" rry i .it
ever hud in my me. inis, wua ouier
symptoms I observed, convinced me that
the fellow was shamming, and when I
learned this morning that he was rational
I was not at all surpised."
"I have men Joe Nicely several times,"
said Dr. Gardner to our reporter, a week
prior to the execution, "and if he ia in
sane be is exhibiting phases of insanity
that I have never heard of or come in
contact with. His eyes are clear, his
tongue in good condition ; he is regular
in his hf.bits, eats heartily and sleeps
well. In my opinion, he is perfectly
sane."
So far as the IIlrai.d has been able to
learn, and we have not been dilatory in
plying the Sheriff and members of his
official household and others who were
admitted to the jail Thursday morning
with questions in regard to the matter,
no one spoke a word to Joe Nicely in re
gard to his shamming insanity. "It was
the pool fellow's last morning on earth,"
suid Sheriff Good, " and I did net want
to say anything of an unpleasant nature
to him." The same sentiment appears
to have been entertained by neaTly
every one who was permitted to see the
prisoners.
At twelve o'clock Wednesday night
one of the "demented', prisoner's coansel
received a telegram from Harrisburg
advising him that Gov. Pattison would
not interfere. Whether or not this in
formation reached the prisoner that night
we are unable to state, bnt one thing is
certain, and that is, that bright and early
the next morning, when all hope of a re
spite was gone, Joe Nicely regained his
mental equilibrium with the same ease
that he would have taken off an old coat.
The Herald never took any stock in
Joe's shamming, even in tbe face of ex
pert testimony, and subsequent devel
opments have shown that our position
was the correct one. There cannot
be the scintilla of a doubt that the
prisoner's shamming was a preconcerted
last attempt to cheat justice after all
other attempts had proven futile.
One queer incident in connection with
the execution is that not one member of
the immediate families of the doomed
men came to bid them a last farewell.
Is it reasonable to suppose that their1
wives, who had proven their devotion
on more than one occasion, would have
remained away had they believed in the
entire innocence of their husbands and
the fathers of tbeir children 7 And how,
too, can the failure on the part of their
aged parents to preas a last kiss upon the
brows of thoir sons , who's welfare and
safe deliverance from trouble have been
the burden of their prayers for more than
two years, be reconciled with innocence?
Joe's eldest boy, a youth of intelligence
and promise, failed to' ask for the bless
ing of a guiltless father. In his last
written communication to the wife of
his bosom Joe does not say: "Harriet,
you know .that I was home the night
Umberger was murdered and am inno
cent of his death." How easily these
few words could have been written, what
grains of comfort they would have prov
en to bis wife whom he exhorted to "be
faithful until deatu," and what a powerful
argument they would have been in the
hands of all those who believed in his
innocence. 8 Finally, w hen in theface of
death, after all the farewells had been
said and when the noose encompassed
his neck, there was no protestation of in
nocence bat simply an admonition to
those in his presence to prepare for the
inevitable.
After the last good-byes had been said,
and Joe Nicely was standing on tbe
death-trap, with the noose around his
neck, he glanced through the little
square hole that serves to admit food for
the prisoners into tbe corridor, and catch
ing a glimpse of the jail janitor, Will
Good, cried out, " Good-bye, Will," just
as the black cap w s beinar pulled over
his head.
A great deal of interest was evinced by
the sheriffs from other counties who wit
nessed the execution, in the working of
the death-trap. None of them had ever
seen or heard of such an instrument of
death before. The Somerset one if be
lieved to be the only one in the State,
and one of the very few in the east. It
works perfectly, is siuplicity itself, and
costs nothing when the jail is built by the
Pauley Jail Company, of St. Louis, Mo.,
who have a patent on it. All prenounc
ed it the most perfect instrument for
which it is intended, extant.
"The most trying thing connected,
with an execution," said one well-known
sheriff to a reporter, "is to climb np the
steps of a sallows ; when you have
climbed to the top yon do not feel safe
and are afraid every moment something
about the hastily constructed structure if
going to give way. These traps in your
jail are just the thing. Yon walk from
the sell on to them, only a few steps, and
everything is in readiness apd waiting
for you. I think every jail in the fctate
should be provided with one."
In Joe Nicety's last communication to hi
wife be directs her to get his diary, in pos
tension of ex Sheriff McMillen, and then
adds, "it will be of a great deal of use to
ynu."
The diary referred to Is made up of tirades
against the officials of the jail, the Common
wealth's attorneys, the local newspapers,
(the Hexald especially coming in for a good
share of criticism) and the witnesses and
officers wbo testified against bim and his
brother. Uev. Beal also comes in for a
bit of choice excoriation in the diary, for
the part he took in the recapture of the
brothers the time they escaped from jail and
assaulted deputy Sheriff McMillen. It will
be renieaiDercd that Rev. Beal was in hot
pursuit of Joe and Dave on that exciting
occasion, and as they were disappearing in
the woods fired a shot after tbem, which
Joe afterwards said singed bis bair, and thus
testified to the good minister's marksman
ship. Strange things are constantly happen
ing in this world, and among there, few are
stranger than that Joe Nicely should spend
f his last hours with Rev. Ileal, eagerly de
vouring such consolation as the minister
could grant him. They sang and prayed
together during the last few hour of the
doomed man's life, and it is doubtful if tbe
tacts here related ever occurred to either of
them.
mm
Mm
W. II. KOONTZ, ESQ.
Joe Nicely's Last Letter.
Elder Granger, arrived at the jail a few
minutes before 9 o'clock Thursday morning
and entered the cell of Joe Nicely. He re
mained with the prisoner perhaps a half
hour and then retired to permit him to finish
a letter he had already commenced writing
to bis family. Following is a copy of the
letter:
Somerset, April 2, 1891.
Deab Wife ako Childeeh :
Oh, bow I would have liked to have seen
you and talked to you. Now, Harriet, I
want you to be sura and live close to God.
Each evening and morning read a chapter
from God's Holy Word, and pray with the
children ; for all you do, do not neglect this,
and bave the children to kneel down at
their bedside and pray each evening. Oh,
live close to the Loid the few years you have
to live here.
My watch I give to Renz, my shot gnn to
Ira, my ritle and trunk to Waltie. Tbe
ritle which Fred Rankin has sell to him if
you can : it ought to bring $10, but if you
cannot get that much sell it for less. My
books, Louie gets first choice, Millie second
cboic , Georgie third choice and Ella fourth.
Tben begin with Rent and on dowu to Ella
nntil ail are taken. Now, Renz, you and
Ira work for your mother and above all
things give your hearts to G.id in your
youthful days. Do not put this off, but be
gin now. Shall always watch for your com
ing into heaven. Oh, do not put this off.
My valise Sheriff Good will send to you.
Sheriff McMillen has in his possession my
diary which will be of a great deal of use to
you." Write to him and get it. His P.O.
address is (Lexington, Somerset county, Pa).
Mv diary is in a pass book, and a part on
slfeets of paptr. I could have talked to you
much better, but I pray that God will be
with you and keep you faithful to death
and at last receive you all to himself is my
prayer.
Your husband,
J. G. Nicxlt.
Dave Nicely's Wife.
SHE DISPOSES Or HIS riRSOXAL EFFECTS A5D
OOKST0 OHIO.
Mrs. Kate Nicely, wife of Dave, last Satur
day disposed of all her personal effects, and
Tuesday, with her children, left for Ohio,
where she expects to make ber future home.
While waiting at the station at Ligonier,
and just prior to stepping npon the train.
she drew from her pocket a handkerchief
and waving it at the crowd who had come to
see ber off, as a parting salutation said :
"Farewell to Ligonier and her people for
ever. I hope I shall never see any of you
again." She and her three children tben en
tered the car, and in a few seconds were
spinning down the valley at the rate of 30
miles an hour.
She left without visiting her husband.
and refused to tell in what part of Ohio she
expected to locate.
Witnessed the Execution.
The following named gentlemen witnessed
tbe execution of the Nicely boys.
Deputy Sheriff Simpson, of Indiana coun
ty; Sheriff Steinman of Cambria county;
Sheriff Walker, of Cumberland, Md., ; Wm.
Withers, of Cumberland DaUg New, A. F.
Dickey' of Somerset tw p. ; Henry Walker, of
Allegheny township ; T. J. McGregor, Hynd
oian Bulletin ; J. A. Lambert, Somerset
Standard ; M. H. Hartzell, Rockwood ; John
Good, Somerset township ; Geo. Imboden,
treasurer of Lebenon county ; Ira C. 8nyder,
Greensburg Tribune ; Reporter for Pittsburg
CArontWr; Geo. H. Zuhrie, Meyeradale,
Regittir : John Itiesecker, Jermer township ;
Jas. B. Tredwell, Somerset Democrat ; (Jeo.
Akers, Johnstown l.-il-une; J. F.Kimball,
Johnstown Herald; John Winters, R. 8.
McMillen, R. E. Meyers, J. D. Swank, Wm.
Uhl, George Kimmell, 8. L Shober, A. J.
Hileman, Somerset : Frank Chorpanlng,
Berlin ; Chas. Howell, Soraersvt Hkbald; C.
Mitchell, Jasper Augustine, Addison ; John
Crist, Paint township; David Smith, Geo.
Gardner, M. Brubaker, Pierce Miller, Stoy
estown : James Emery, Connellsville ;
Frank McDonald, Rockwood; A. H. Hus
ton, Somerset ; John Shaffer, Jenner; D. B
Zimmerman, Stoyestown ; Geo. McGeary,
Johnstown ; John Shields, Mt Pleasant
Juurnal; Wm. G. Knepper, Lincoln ; J. D.
Weigle, Stonycreek ; Geo. Wambaugh, Har
risburg Telegram ; Fred Durr, Larimer town
ship ; Simon Stutzraan, Somerset township ;
C. I. Siaver, Johnstown; El Frock, Black
township ; Ed. Hoover, Berlin ; Harry Kin
kaid, Ebenshurg; J. 0. Raucb, Jennertown:
C. M. Weigle, Stonycreek township ; Josiab
Good, Somerset township; Roger O'Mara,
Chief of Police Pittsburgh ; Peter Vogle, Som
erset ; Joseph Specht, Spruce town ; Wm.
Jordan. Mt. Pleasant, two or three represen
tatives of the Nicely family and a few
more from adjoining counties who were ad
mitted on passes issued to sheriffs.
There were also present, Dr. H. 8. Kim
mell, of Somerset, Dr. S. 8. Good, of Meyers
dale, and Dr. J. M. Louther of Somerset,
the death-watch Milt McMillen. EJward
Schrock, George Witt and Frank Fleigle.
Insanity and the Experts.
From the Pittsburgh Times.
Joseph Nicely's capital feat of shamming
as a means of escaping capital punishment
was a rude blow to popular faith in insanity
experts. Another man suspected of trying
the same trick to escape the same punish
ment is Stepbani, the New Yorker, who has
been on trial for the murder of a lawyer.
One expert testified that Stepbani waa insane
when he committed the crime, bnt sham
ming when visited by the commission in
lunacy. He was still insane, but it is a
common thing for lunatics to pretend that
they are more insane than they actually are.
Another expert testified that his insanity
waa adolescent, but without moral mania.
Hp did not know that it was wrong to kill
tbe lawyer, and therefore was not responsible
for tbe deed. But after tbe excitement of
arrest and the chafing of imprisonment had
added to his mental disorder, he was capable
of knowing that if be could make himself
out much more insane, than he was, be
might escape the consequences of the deed.
Comparing what is reported of this case with
what has been of Joseph Nicely's one is just
ifiable in believing that if these New York
experts bad gone to Somerset they would
bave come away with tbe conviction that
be was hopelessly out of his mind.
Milt. McMillen as an Expert (?)
"I never took any stock in Joe Nice
ly's insanity," said Mr. McMillen to a
Herald reporter, Wednesday afternoon.
" You know I knew the fellow thorough
ly. He was a great schemer, and was
determined that his neck should never
be stretcLed. Why, after the first twe
or three days I was on gnard and Joe
commenced to complain day and night
about the terrible pains in bis had. I
prophesied then that hej he was preparing
to become insane, and it was only a day
or two afterwards that he commenced
shamming. The first two or three days
be would have lucid intervals and talk
freely about the pain he waa suffering,
but just So soon as the conspiracy caae
was dismissed he decatne dumb. Rarely
a day passed, however, without his do
ing something or other that confirmed
my belief that he was merely shamming.
I waa not at all surprised to learn that
he was rational on the morning of the
execution ; in fact, I was expecting that
he would talk before the end. lie was
a good actor, but he was never able to
deceive me, and I make no pretensions
at being an expert in insanity."
" Did you speak to Joe about his sham
ming Thursday morning?"
"Xa; I bad a long talk with Joe, bnt
it was so near the end that I did not like
to say anything that would make him
feel badly. He asked my forgiveness for
all the trouble he had caused me, and I
assured him that I harbored no ill will
against him."
Another Opinion.
From the Altooua Tribune.
One of the most significant facts in con
nection with the last hours of the Nicelys
was tbe sudden restoration of Joseph Nicely
to complete sanity. A few days ago Dr.
Orth, of Harrisburg, after a careful exam
ination, declared that the man was insane,
and a desperate effort was made to induce
the Governor to annul the death sentence
upon tbe ground that it would be a shame
to execute an insane man. Such a declara
tion from a medical man ana the subsequent
pressure might well give any Executive
some bad boure, Hut Governor Pattison was
firm and tbe result justified his wisdom.
For when Joseph Nicely discovered that the
last spark of hope had fled and that the
sentence of the law was certain to be carried
into effect, bis reason returned. We do not
know whether or not he gave the explana
tion of the reason of his conduct put in his
mouth by the reporters, but one thing is
certain, be was never insane. As a result,
expert medical testimony will be looked on
with more suspicion than ever.
The Law Satisfied.
From the Ilttiburih Commercial-Gazette,
Tlie last act in the Nicely drama, though
it finally rung down the curtain on the lives
of the men, wus les sensational than many
of the preceding incidents. The case has
been a series of wsations from the murder
of Farmer I'm be., ' to the last tragedy, and
the efforts made by the men to cheat the
gallows by (light. ot.tMy tbeir first attempt
to escape over the cnrjes of their keepers,
waa sufficient answer in the minds of the
public to their claims of innocence. Ex
haustive inquiries were made by Gov. Beav
er's Pardon Board and by the Governor him
self, into the circumstances of the trial, aid
ed by powerful sidelights, and Gov. Pattison
and his advisers have not been dilatory in
assuring themselves of the justice of the re
fusal of Executive clemency. No stone has
been left unturned by the lawyers employed
in behalf of the men to substantiate tile
claim of innocence, and everything they
have produced has been carefully considered
by an impartial tribunal. T lie re is ery
reason to believe that simple justice, ii ac
cordance with law, has been done in the case
of the two men who were yesterday ushered
into eternity at the Somerset jail in fulfill
ment of the decree of the judicial tribunal
that first passed tbe sentence upon them.
i
W. H. RI PPEL, Iy.
Another Expert.
The following extract, taken from the
Pittsburgh Chronicle Telegraph, is part of a
dispatch sent from Somerset about noon,
Wednesday, April 1st, shortly after tbe re
porter, Mr. Moore , had visited the county
jail in company with Gen. Koontz :
Gen. Coffroth, one of the attorneys for
the Nicelys, still hopes for a reprieve. Said
he: "Since the days of Henry VII I. there
has been a common law against banging an
insane man, and I cannot think Governor
Pattison would permit such an execution to
go on. It would be an outrage and a stain
on civilization." Gen. Coffroth sent a long
personal appeal to the Governor last night,
and the wires befveen here and Harrisburg
are bot with messages asking for Joe's re
prieve. Gen. Koontz, the other attorney for the
Nicelys, still maintains that they are inno
cent, and says the evidence did not warrant
conviction.
Mr. Moore says in another part of his
dispatch, "if he (Joe is not insane, I never
saw a craxy man."
The Dead Sons at Home.
THEIR MOTHER REPORTED TO BE INSANE.
One hour after David and Joseph
Nicely had been pronounced dead by
the physicians in attendance at the exe
cution, undertaker Lowry, who had wit
nessed the execution at tbe request of
the father, started over the mountain to
Ligonior with the boil i en of the murder
ers of farmer Umberger. The great
crowd who witnessed the departure of
the undertaker's wagon drew a long
breath of relief and expressed the hope
that Somerset county would never again
be called upon to have a legal execution
within her borders.
The necessarily slow journey from
Somerset to Ligonier was without any
incidents worthy of note. After a drive
of eight hours over, hills and through
valleys, amid a continuous pour of raij,
undertaker Lowry reached Ligonier at
11 o'clock, and, going directly to his
morgue, the coffins were taken from the
mad bespattered wagon and taken into
the undertaking rooms, where in waiting
was the family of the dead brothers,
wbo, upon beholding tbe coffins contain
ing the dead bodies of their loved ones,
burst forth into paroxysm of grief and
refused to be comforted. They were then
taken into the morgue and the under
taker at once took them from the coffins
provided by the authorities of Somerset
county and prepared them for burial,
after which they were placed in hand
some caskets ordered by their father.
Tbe coffins were again placed in the
waonandat four o'clock Friday morning
undertaker Lowry Btarted for old man
Nicely's, where npon his arrival he wit
nessed a Bcene that will ever remain
indelibly impressed npon his memory.
As soon as the colfins were taken into
the house old Mrs. Nicely broke down
nd is completely prostrated, her reason
being dethroned, and Dr. Beltx, the at
tending physician, has grave apprehen
sions lest she never becomes rational
gain.
auLwqrtent di -pitch from Li,
that cM!Mrs. Nicelv. wkJT
savs that
son had been dethroned, hi q,, r
proved, having again become ntiomi
although still sorely afflicted, with ab
possibility that death may yet resij "
EX-DISTRICT ATTORNEY BIESBTiEj
The Nicelys' Funeral.
BI KIF.D OS THEIR FATHER FARM SfJO Pl
SONS PROEVr THE 0HSE((l IE 0P
EMS CHAR (TER.
The Ligonier Valley, far famed for th fa.
tility of its soil and the grandeur of iu en
vironments was the scene of the clwin,
act in the famous tragedy which for t,
long weary years has attracted the attention
of the people of western Pennsylvania,
The fifth and last act was constimated oa
Sunday, just 2 years, I month and S dy,
after the Bret. Tbe stajre in this instance bm
the old homestead situated 3 miles sonthof
Ligonier in as beautiful a country and npon
as tine and fertile a farm as ia to be foanj
oeneath tbe canopy of heaven .and wbr
these two murderers first saw the Lht of
day, spent their childhood, grew toman
hood, settled down for life and where thej
with their interesting families, hvni un this
tutal February 27lh, "!!. when U:e I mbw.
ger murder was committed.
The furueral was set for -'o'clock, but locg
before that hour people commenced to ar
rive and fully Sinj persons of ail ages wtre
assembled to hear the services and pt
gnmpse of the persons wlio haTe been
prominently be lore the people ofthscoaii.
ty and Stale ever since they were arresttd
April 4th, TheeotHns containing tarir
remams were placed in the little parlor in
toe west end ot tbe two-story frame bow
and into this room, around the remains of
their loved ones, tbe friends gathered, whil
at the doorway, leading to tbe large dining
room, was stationed the ministers, wao
tJoK part in the solemn services, which
ejmmenced promptly at the hour of i
o'clock with tbe reading of the 4'ith Psaim,
alter which Kev. C. W. Miller, of the Evan
gelical Association of Ligonier, in an earnest
prayer, invoked the blessing of Him who
doeth all things wisely. The choir then
sang bynin 5SO, commencing, "Why should
we start and fear to die," at the conclusion
of which Kev. Prof. W. J. Swigart, of Hua.
mgdon College, Huntingdon, Pa., preachel
a brief but appropriate funeral discourse,
based upon Psalm 44S.1
During the delivery of it every ear was
open eager to catch each word as it fell from
the speaker's lips.
Owing to the great crowd which packed
the house, but few were able to hear the
minister. The words were to the living,
and not the dead, and were full of consola
tion and comfort to all the members of the
bereaved families, whose great grief was
manifested frequently during its delivery
and in many instances the words of truth
and soberness, as they fell from the speak
er's lips, caused the tears to conrse down the
cheeks .of many a parent. Elder (ieorge
Hanawalt, of Boucher, followed Rev. Swi
gart and made an interesting and appropri
ate address, in which he referred briefly to
the murder, and spoke of the sympathy of
the Nicely family for the bereaved family in
Somerset and said that none deplored tht
murder more than did the parents and
friends of the Nicely brothers, wbo, on the
ignoininions gallows on Thursday, paid the
penalty for the commission of that iiU
crime. During his remarks he aaii that
their church wei opposed to the penalty to
cipital crimes, and he though I that the Suit
asked too much when it asked for and louk
these brothers, even if they were guilty,
which he thought there might be ua
doubt. He said, however, tbe time night
come in the lives of many present wtai
what now seemed dark and mysterious
would be made plain, and their guilt or i
nocence known beyond the shadow ef
doubt.
At tbe close of Elder Hanawalt's adtirns,
the well known hymn. "Asleep in Jesot.
Blessed Sleep," was sung, after which, in u
earnest prayer, he invoked the blessing of
Almighty God upon the families of the dead
brothers. At tbe conclusion of this earnrit
supplication Elder Hanawalt announced
that at the request of tbe families abe bodia
would not be exposed to public view. But
at the earnest solicitation of some of old
man Nicely's most intimate friends, wboex
plained to htm that many were there to id
in paying tbe last sad rites to his dead boy,
aud were earnest spmpathiaers with hira,
and were anxious, not out of idle curiosity,
to view their remains, and after some liui
consultation be assented, and tbe announce
ment was made that after the family bad tak
en leave of them, the bodies would be taken
outside of tbe house and placed alonide of
the walk, and an opportunity given to "
to take a last look at the inanimate form
of tbe dead murderers. This announce
ment was received with great satisfactin
by the crowd.
Then tha door leading into the pari
where the frienda and tbe dead were, wt
closed and for a few minutes they were i4
to themselves, during which the final la
taking, which was the most patheti setae
ever witnessed in that community, was tal
en, and the manifestations of grief er di"
cernable several rods away from th hoa
and brought tears from many within heart
ing distance. Immediately after the taske
were taken out of tbe house and plad "P"
on chairs along side tbe board walk, lead
ing from the front porch to tbe road, h
lida were removed and fully eight band'
persona passed along and looked in "P"
the faces of those wayward sons, whoet
countenances did not indicate to tii casual
observer tbat they would be guilty of th
highest crimes ia the calendar. With th
exception ot those wbo in any way l
part or aided the Commonwealth in tht pro
secution of this case, all got a glimpse of
the dead brothers. This waa npon the re
quest of their many friends and person
who knew all these persons stood at tht
trance and warded all such off. This fa"""
considerable comment that was not r7
favorable. After the last person had pan"
their biers the lida were closed and thtf
were carried by the pall bearers leitcirJ
placed in two wagous when the iuournfo!
processsion started npon its inarch toU
private burying grounds (about l rt
from the house) on a high knoi: on th
western end of their farm, overlooking their
homes and the surrounding country "
miles around. Upon the arrival of th fu
eral cortege and before the CO Bins we lo'
ered into the graves three handles were tak
en from each casket, as well pla' DP
which were engraved. u At P.est," and give
into the keeping or the family, who "0,rt
them as relics.
A very brief service was beld at tbe "P"1
gravts. Rev. Miller pronounced the bene
.!;,..; . r. .:!. .1.. nf tht de"
men returned to the little old bouse
of
father and hid themf elves from th ru"
stare of tbe curious crowd.
lm
A
fit