1 JL- 4 1 NEAR1NG THE END! The Celebrated Urnbarger Murder Case will bo Given to the Ju ry To Day. THE TESTIMONY ALL IN ! They Can't Choko off "Your Uncle John." The Prisoners Crowing More Nervous and tho Intense Interest Increasing. HON. JOHN CESSNA WILL CLOSE THE COMMONWEALTH'S CASE. F. J. Kooser, Esq., Makes tho Opening Argument for the Prosecution, Ami II. K'XlM, 1'S'J., I'OI! TI!K IKI ENsK. The sixlli day of the tri-il of Joseph and David Nicely for the murder of Herman I'mlK-iyer closed with one speech from each side yet to U- made. leneral Cofi'roth will sum up fur the de fense this morning ami will he followed by Hon. John Cessna on 'art of the Common weaith. It is more than probable that all of the morning 8 stssion will l.e cosumcd by counsel i:i summing up ani that Judge F.aer will deliver his charge and give the oa-c to the jury this afternoon. The day was a trying one on the prison ers and w!u-:i. at the close of court at las: eve;: in;:, thy were laken hack to prison by Sherili' MiMiilen, they looked hazard. anxious and nervous. The intense interest tal.i ii by i he general public in the cam has le.t abated, but has rather increased each day us ilieen 1 draws near. Mr. Ko-tsi r o,H'iied the case this afternoon t.n part of the prosecution in a sjiccch of an hour and l'i:iy minutes in length. His argument- were clear, forcible, convincing and logical. We give below a very brief synop sis of whi he mM. He was f .:lowed by Mr. K onU, who, in the two hour and thirty-seven minutes that l.e :oke. in l ie a strong and eloijUtnt pica f ir the lives o!' his clients. We regret t we are un able to give both p H'ciiua in f i ! ' 1 . V.IiN.Xo sh-sloN. Henry Kin -'i, recalled i The court ru'ed that testiinony in regard to the survey of l.nd at S.iud Flat could he. give i by the( ' ii ii in .ve lith) in 1 1" a survey of the Ian 1 a. I'r.; h .-.iilock, shown me b- the YmietTs day before, y.-steribv; tiie I i -a -u ivmeiit wa in 1 1 ? by iuys;-lf an 1 N. !. 1 7i!c!ii eld; tlie two Vau'-ers were al :; : it was seven and three tenth rods from tie in It ol the lo ; to the center of road, at point N i. 2. on t ie dr.if". the eastern line is 75 r iji a i I w. -stern i:ne ten I f.ur-tenth r Is ; the length ol" the fi.i! is ab ut '.M to I I yar D ; the elevation of iu.' pike is M feet. Mr. C..:.-!.!ie! 1 waikt-.l on the pike and I kt o.i 1 at the but; of the tree at point No. 1; c.jiil I so1 him as far as the waist when he was in the center of the wvl and down 1-e-1j.v the hips wh-ii became nearer ; as he waltie l along the view was ob-curcd by the foliage; a! p (into X. '2. I could set! his head and -boulders at the center f the pike and d tivti to the lower part of his waist hen be came nearer to me at the edge ; could see him in iving along to the point No. 3, where I could see him ah mt the same as ut the p lint m irked Nj. 'J. Cro's-examinati.m. The butt is on the north side of the road. X. 1! 'rite'.iiL-l.l Was along with 'S, piire Itiii-.-h and helM-d to make the measure-iii-:i'.s; Mr. II inch w liked along the n.ad while I stood at the butt of the hemlock tree. I I'he witness then testified practically fie sam a Mr. Katu-h Cross-examined The trees between the point where J stood on the pike are large; thd not notice any spruce or h.-ini-jck ; saw ine birch and lias ; stepped the pike; it was eight paces wide; Tue survey was thin clli-itd in evident cl Thos. Sinclair Was working on the 27th tif r bruary for Mr. aneer; I was where! they were sawing the tree; left them there ; c ml I see any person passing along the pike Noah S-rcna Know David Nicely ; worked with him 1'ebruiiry 2 at Mr. K im mel'i. sawing wood ; was sawing with a cir cular.saw ; he was handling wood ail day, putting it up on the table; the wood was be ing cut for stove wood. 'ross-examined Some pieces were six or -itlil inches through and four to six feci long ; others Were smaller. John I'au. h There was no wire or steel rim on the hat when I got it ; it is a little in ire worn than when I got it on account of the number of times it has b -en handled. Cro.-s-exiiniincd Took the hat from the wall myself; I.on-nzo brought in the lamp and I took t. e hat down: the lamp was taken tut i f the setting room into the kitch en. Martin I'Coi.nor. Was along with Kauch and Sharer when we got the pass book from Joe Nicely ; was present when the js-iss books were found at Joe Nicely 's ; 1 found them in the bookcase ; we all t-xaiu-inedt'iiin: I here was no money in any ol them ; v as at lavid Nicely 's on the day ol the arrest; heard Mrs. Xii-e'.y tuy she could iMit account for his whereabouts any where dining the week except on Friday ; and. 1 think, jierhaps, Monday ; had conversation. Cross-ex idncJ Was lit Joe Xitelv's t.n lh-day ol'thear.c-! ; look all the pass Ijooks ; t!i. re was no money in any of them when 1 searched il.-cm. I: iiu ShalK-r- Was not present when the hat was .'ol ; was present when the poiket bi.ok w as ot ; w;is prist nl when the pass Uiofcs were i;t; Martin O'Connor found them : we ad examined them ; was no mon ey in any of them ; examined the tracks to and from l'niberj.'er's ; examined .1 dozen or more ir.uk.- cloely; there were nails around the outer edges of the heels; theie w-. r- no nuils in the center of Hit- heel ; there was no diamond shaped imprcktion in the center of the htel. Cross cxariiintd Left llauch and Joe Nicely down stairs when O'Connor and I went up stuirs to tearth; was out of the room and left them together. lUmuit-r CaiiffleU Made examination of the tracks ; cannot tell how many; there were nail tracks on the outer edge of the heel; there was no diamond shaj-rd nail track In the center of the heel ; heard conversation at lime of David Nicely ' arrest ; Mrs. Xieely said she did not know w here her husband was between Monday and Friday. Cross-examination I asked her where he-was working last week; she said he was winking for Kinimel on Monday, but she could not say where else l.e was during the balance of the week until Friday ; she did not say he was at home every liight during the week ; the conversa tion was shortly after the arrest. John Thomas Know John Kay lor; know the community in which he lives; his gen eral character fur truth and veracity is bad. Cross-examined Have heard several par ties say so. Michatl Sijie Know John Kaylor; know that his standing for truth and veracity in his neighborhood is not good. Cross-examined Have heard agreat many people say that his character for truth and veracity was not good. F.dward Mowry Know John Kaylor; know that his general character for truth and veracity is bad Cross-examii.ed Was subpo naed yester day ; 1 suppose about 7 o'clock ; beard sev eral parties say that his reputation for truth was bad. Aaron Walker Live in Jcinier township; know John Kaylor; know bis general repu tation in the community (or truth ; I think it must he bad. Cross-examined. Heard his own brother- in-law say he didn't tell the truth, Joseph Walter. Solomon Judy. Live in Jennertown; John Kaylor's character for truth is pretty bad ; know all his neighbors and the people of the community. Cross examined. Heard Kaut.'a boys, Friedline, Peterson, and a good many others say he was a bad man ; Aaron Walker sub po naed me. l'.uiicl IVtersoii. Live in Jennertown; know John Kaylor ; know the tuple of the community ; his character for truth among them is bad. I'.enj itnin Kline. Live in Jenner town ship, one mile from Jennertown ; John Kay lor's reputation is bad, not just for one but for all. Frank H. iplc. Live in Jenner township ; bail" mile from Jennertown; know John Kaylor and his reputation for truth among tin- cop!i'; it is not good. Cr.j-.-i e inline 1 - lie. is an undertaker; they w juld call him that if they called him a pi.iT name. Jacob 1". Kaut Live in Jennertown: John Kay lor's character for truth is bad. Cross-examined -1 am of the firm of Kam. Hum.; have heard Mr. Judy, Mr. Peterson and Mr. Hatch's family say it was bad ; this was a year ago. " E KEST," said Mr. Cessna, as witness Kautz left the stand. What have you in sur-rebuttal, " asked J.id-e llier. addressing the counsel fir the prisoners. After some consultation they called llirriet Nicely, wife of Joseph Nicely, as their first witness IN si R-KEIUTrtL. Harriet N.cely Was at home the night llauch and Ambrose came to get my hus band's hat; I had laid down on the bed; they rapi-d at the d oor and I told Ixjrenzo to go and see who was there; the lamp was back in tiie sitting room ; it was a side lamp; it wu the fall length of the room to the kitchen door; 1 could see out from where I was sitting; they asked lor the hat; I. iren.i got it and gave it to them ; neither Kauch nor Ambrose came in ; from where they weie they couldn't see where the hat was hanging : the lamp wasn't moved ; it was a large lamp. Lorenzo Nicely lleinember of John Kauch and Ambrose coining to our house the night my father was arrtsted; they tame in the kitchen door at the east side of the house ; the lamp was in the bitting room in the north end of the room ; I opt-ncd thedoor; Kauch just step iud in the kitchen door; I asked mother where the hat was, she told me and I went and got it for them ; there was no light in the kitchen only w hat shone through the dining room door; Ambrose -food on the outside. Cross examined There was no lamp only the one in the sitting room ; one of the men had a lantern; I think Kiuch; Ambrose stood at the edge of the door on the outside. Daniel Peterson Lived last May in Jen nertown ; remember Joe Nicely coming to see me in August ; am director of Westmore land Insurance Company; Mr. Nicely came there to sec me about a case in ireensburg; don't know whether there was anybody with him ; saw him right after dinner. Cross-examined -Don't know whether he had any other business; there is a mail from Ligonier ; saw him again at I.igonier between that and February. Till: TKsTIMOXY ALL IN. As Daniel Peterson left the stand counsel for deft use said their case was made up and they would rest. Judge llaer said that in arguing the case to the jury counsel would not be limited as to time. Two t'tlicers were called and sworn; the jury was given into their keeping and court adjourned till l.'iO p. in. For the first time ilui ti,; the two ivri !. Judge Kaer was not in his s-it at ti t! hour appointed for oH-nine court this a fit ' noon. It was precisely minutes ol - o L'locl;. ibv the dot k in the court Kiom I when his lion or walked in anil took his seat on the bench and one ol the last m-smmm for tiie trial of cticbraietl 1'nibeigi r murder c i-e was for mally -pclied. After ascertaining that there were no motions for the continuance of any of the cases i n the calendar his Hon or announced that he was riady to hear from the defense. Mr. Kooiilz arose and read the following points: Commonwealth ) No- 2 . vs. f May Term. Justru and David Nicely. J iisJ. The Court is re? pcclfuliy asked to Instruct ! the jury as matter of lew as follows : guilt of the defendants beyond a reasonable doubt. 2. That a reanonable doubt is that of the case which after the entire comparison and consideration of all the evidence, leaves tiie minds of the jurors in that condition that they cannot say they feel an abiding connec tion to a moral certainty of the truth of the charge. .'t. That the charge in this case is that the defendants arc guilty of murder in the first degree, the Commonwealth is held to a more rigid compliance with the rule that the guilt of llie accused must be established beyond a reasonable doubt, ami if the jury, upon a comparison of ail the evidence, believe that there is reasonable doubt of the guilt of the defendants, then tliey are entitled to an ac quittal. 4. That it is the duty of the Common wealth in this case to make out every essen tial feature of the crime with w hich the de fendants are charged, and must show by prtmf bcvoiid a reasonable doubt, not only j that the" crime of miirtb-r was commit:, d. ! i.., ,i i..r...,.i .... i. ...,rti. ti I.. I ui.iii..ii.iiii;'..t..ii..i.i.i-i uit -,, 1,1,.-.: ,-r ,. j ltlll l.ll l l . U.L- t I CIK, till. J. UR J i "J"'.. .it : t :... : .i ". .i I iiil llie ncilliu- Ol l.ic tus.-, iiu.i ...ai.i.rie is a reasonable doubt t.f the comn.iW. of ! theerimebvthe defendants, tiie.. the vcr. die. must 1 no. guil.v. That the evidence of Ella Siearn, v ... cv Finberger and Nannie Horner as to the. .-. r . . . . . nlentity ot tin- uelciiilauts is not ol sui Ii ill ' ,, ,, , . character as would enab.t! the jury to say ' ! beyond a resonable ilotibt. t. That il the jury belitvcthe testimony of (iiilM.-rtKo.vt, Aaron Mirks, John Kmtz. Davit! A. (ieeting, A. A. Nicely. Eliza Nice ly, i-ua .uenoiier. jiuty .Mceu , i..jniz. ; Nicely and Harriet Nicely, that Joseph Nit'-- I ly was at his home on Wednesday, the L'Ttii of February, 1 "I, the cay the murder is al- i It -get! to have bce'i committed, from 12 o'clock, noon, until next morning, then there can he no conviction of .1 j-;eph Nic. lv. ". Ttiatifthe jury believt! the nstiniotiy of Sarah Barron, Hetty Nicely, L'-wis Payne and Catharine Nicely, that David Nicely was at his home on the "7th of Februarv, lss:i. from il o'clock p. in., until next morning. then there can be n:j conviction of David Nicely. f. That as the theory of !he Common wealth is that the defendants were s.s-n go ing together cast up tie- mountain on the the afternoon t.f Wednesday, the L'7th of February, ls,!i, the testimony of all the witnessed showing that the defendants were at their bon.es, so far distant from th- scene of the allege 1 murd.-r that they could not have committed the crime, entires to the benefit of both defendants in the ea-e. 'J. That the defense of an tili'tl is, when a jH-rson alleges that at the time when the of fense with which he is charged was commit -tl, he was '.'.Kii.fff, and that he could not in the nature of things have committed the offense. 10. 'that the burden of proof never shifts in criminal cases, but rests upon the Com monwealth throughout, so that a conviction can only be had after the jury have been convinced, upon a comparison of all the testimony, beyond a reasonable doubt t.f the guilt of defendant. 11. That if the evidence of an ti'.V.i, togeth er with the evidence in the csie, raise a reasonable doubt in tint minds of t'ie jury then the defendants are enti::-.-.! to an ac ouittal. 12. If from all th evidence the jury have a reasonable doubt as to the guilt of cither of the defendants, then under the evidence in the ease, that doubt must inure to the benefit of b !ii defe ndants. 13. If the j.iry believe that Divi.t Nicely was in such a state of beilth. either Irom heart disease or other disability, as to inca pacitate him fnt:u walking from his home to the resident!;; of IK-rm in CmV-rger, a dis tance of about fifteen miles, within tin.' time and at th" rate of spee 1, testiti-J to by the witnesses in behalf of the Commonwealth, or if the evidence of his physical disability is such as to raise a reasonable doubt in the minds of the jury as to his connection with me murtier oi iiermiu i mnerger, ll.en there can be no conviction of Davit! Nicely. li. If the jury believe that Davit! Nicely could not by reason of physical disability have made the journey iift-sary to commit the crime, within the time and at the rate of speed testified to by the Commonwealth's wit nesses, or if the evidence creates a reasonable doubt in the minds of the jury as to his connection with the crime, then, as the theory of the Commonwealth is that the de fendants were b itli present and jointly com mitted tl ie crime the vurdict must be not guilty as to both of the defendants. Mr. Kotmt7. submitted a brief of ic,i:h iri ties and made an argument to the Court sustaining tliL-position he had taken in bis points. His colleague, Mr. Uuppel, made an argument from their side of the case and Messrs. Kooser and 'Cessna replied for the Commonwealth. The Court directed the Stenographer to write out the ptiints submit ted, on his type writer, and he will pass up on them when he comoj to charge the jury. innocent of U.e crime with which ihey are : ' hy .ht! fatal bulii.t. He. tl.cn pointed out charged, and this presumption must stand i Invent the Grand 0 d M m on. J o. n ; (.fit f. ! , , . . . i Cessna, from arguing the case or gj.n to tlie , . , , until it ts overthrown by evident on part j M lt hi un Blreea befor. the ,rn-i ".ts iioune oy thw i..i.!e U-.-.ro li.e of the Commonwealth, which establish, sthe'J ; aIl(1t,i nlv be 1 fotnu.encf.l open;! ions', uiirir.- w !...:!. I I MHL Lllf 1 1 f i If 1 1 illall I S BIB UlCriUIUtVI liJ ,v;Iiics-m .. ol t:ic . a w. ;e . fiolil iiiribi r :'t'i :ida:i e iit-.'i li e cotii r. 1 f V -H I t'S' i V.o!:K . V tin-.cl f r defense In nil ; in writ-ng to I ut- curt a-kin;: .:' V .1 !'!' I !l- I: ct-d I- I tri- t A'.tni i:-y li- onh rt-l mi l tho make llie ch-sing argument in the m-i' the (art of the Commonwealth. Cm OillVoth ad lre-.se! lue C rt i.rt ti.it ri ii.,n anil eave il.tir fea.-t.ns ..r m..!.:i ...,nieh.tt extraordinary applb-ition. Dis trict Attorney !t;c.-cckcr, said he had U:ei. ;! iitieiid iik'c upon tiie court fori ti e i list two weeks a. id w.ts sii k and worn out. His appearance, as I addressed the court, showed clearly thai it would li a , th !.roke:i fr:iy:t. d tl.f n;.i.:;'-y ;aj physical imp ssibi!ity for him to make any npon t!.t.-!!oi r live to t.-n f ft Iron, the protracteil tifort or argument. Whi tl.e j tut,i,(i hidit-iUin that tl: litrtip had !e-'-n coutwe! for the pi'.soiitrs diclaiuied that ; to jjj,, tj,e p.-t.,.tl.H.k that ha 1 ful-iiit-U was their desire or intention, thu re-; , ... f the x vfcs. ot l.ult of a favorable ruling on their motion inir ndiournment that there should only two speeches on each side. The Court over - ruled the motion and Mr. Cessna will make the closing argument. Following is the motion made: Commonwealth vs. -MJ. .way Jt-rnt. josepu .neiji , ami I Terminer. i i. -:. ..i.. i issu . I,-.., .iii.I David Niceiv. I Murder. J And now to-wit: June t.ih, ls'i. the evi- tienct! having been near-l ami tne ,-,..hs o, the counsel having been submitted " " (V,urt, counsel for the defendants moved the t ouri lo oruer aim uircri ii.ai iu-w u'-iii, argument to the jury on behalf of the Com mon wealth be made by the District Attor ney. Wm. H. Koosrz. Col t HoTIl .t Ki J-i-i.L. The Court rules as follows : The District Attornty waives his riht to ciosin;.'. on account of indisposition. Whilst c ailing to his assistance private counsel. tie District Attorney acts as a vi.n' judicial offi n r- '' ,i:"J"r ,hu law "" a" r Ui" i.ireciioli. He has an undoubted right un tier the taw to make the closing argument, anil there is no law preventing his yi.-idini! ! this r.gl.t to pnv:-.te counsel ; but the pnvat - counsel reiTt-senting him in the closing ar - gument must be bound by the .same rub, as .- it..l-..i..l ..lti....r :n.t its kti.-li can i.rtv. a .ict.'i judicial t.ili.-er, and as such can press j i f. ip ... ,ri v ii -t i. ,!i h. fir tt.it tt ' i f trf I r li.jlil ! !., .... '. , . - , District A Horner. Si far as his.l ities m ar . , ,, . . ' gu::ig are concerned, t'.-v niu-t le in con- f . . , , , " , , . . I , l-nnity with the law. and his argument ;! him.... ur u tk I .iiii.... ...i. ... it. .... " , , irtilMtundt-d in the opening sj-erch in. an swer to the arguments of the defense an 1 not something new that the ileft use may l e ! di-pried from answering. This is the rule lhat ..j,,,;:,.-, ttLt- Ji.strit ( Att..r:iev an.! must i ap-ily to private cjuuel e;i.;.l oye 1 in j ,i ( ', j , ! ( .ti r.. iottser ineii wi-iil io u.t- jio t.n ; behalf of the- Commonwealth. sYNoi-sts of mil kim!ki: si i:i:t ti Mr. Koon-r Lepin by corigtatu'.aling the jurors ami himself that the labors; of ci-veral w eeks were draw ing- t ) a close ; yet he iniist'a.sk tiie- jut y to indulge him and others patiently awhile longer ; on gr.'.t r. luted the ilefens" and 1 1 1 cotniiion-wt-iiltli that they had succeeded in secur ing twelve jurors of a hig'i tie gree of in telligence, of 1111 doubted eourage, who; would be able to render a verdict under the evidence and tharo of the Court: he agreed with the counsel for tle fen so in his opening, when 'lie: stat es 1 it wasin important trial perhaps the most important ever tried in tii.; county : that the name of I'mberger was now known nil over the land, because of the ; and tmkn iwn men : demanded to know peculiar brutality of the murder, and the I why none of tiie responsible i-tieiis had magnitude of tiie sum uf money secured .,.,. David or Joseph Niceiv on the -'7:h by the nmrdererd and robbers; that L.f February ; why only wicli menus' while their duties were grave ami re-j Aaron Marks, David (ieetin i.t wU .ittonsible they would ever recollect their ! pa':llt and John Ktje-ntz. could undertake connection with this hist-rie'al ea.?. He j t,, sji.-ak f..r tin m ; told Imw these men then detine.1 murder at common law ; w,.rt, contradicted by r.umeroiis substan rea.l the statute regulating the degrees uf j ti.il farmer in tic- valley. b wli.un they ; murder,! conceded the position taken by j had told stories at variance with their the counsel for the defense that the ; testimony on tiie stand ; lit. :v all ..f' l.uiilen of the proof was on the Common- j t,t., at.-.! that it wa Ti.tj.-t.iav. ; wealth throughout the trial, and that tiie; ttie t'Sfi they saw the defendant audi defendants must he acpiitted if there ,,, Yihies lav the iTth. atnl how 1 ; wm a reasonable doubt of their gtiiit; tletined w hat vvils in.-ant by a reas jiiable doubt and claimed that the force of the exjtression laid on the word nttMiitnlil, a doubt with a reao:i behind it. He then adverted to the testimony ; began by picturing the peaceful scene at the house on the twentv-seventh of l ebrtury; fanner I inbergfr, "1! and sick, with the accmiulatioiis of a iiieuiiie,.s,,me?i -.". t.r s,. y. . t in in . ;.irr,, w:ls 11(t pt upon the stand when house; with hisj wife and gran 1 child j ,.IV:, , ! testiti-1 that he was a! I'.ir and servant i;athered around th- even- jn.n'st.n the iTth. IK- then argued that ing lamp; no thought of the assassin j the piivs-cian had not said that Dive that lurked about ; he then shi I'te.l the ' Niceiv was incapable oftbe exe.uti .n of scene to Ligonier. Hamilton Smith as,ui,a tri, . ailmitt,..i ,.,, wlliio ,!lt. witness, saw l'avid .Niceiv wearin :l trr.iy overeat and cap wending, hi way M ist- j wan! beyond the p.unt at which Lf should have turned oil' to -t t. l.isUI,on . j ,rv ;ls (,m,pt.,(.I;t to see and home; found him next upon the motin- j ln,.as,m. ttlt. ,mtsi,k. f a ,., as ,,r tain where he is identitied by witnesses bakl.r or ,U!V tlier (Wtr) a!, ,l!l;it. Keener and McCracken who first saw , u,(. , jllrv ;,- It.n. a any some other party cross the road and pass , vt.iop::),.n,s 0'Vt.r til0 ,.,.ar. ;,.. Ni,vIv intothe wt,ds; these witnesses say itasl,r p,rui)aUt.r ,,, ,;,:,. ,,' wasDav.d Nicely ; further onjhey pass-! UMl .ir.,n,.d tI,at Kimtnel. Serena and ed Charles and I.ew.s Vaneer who o,i10r., ha.l w.,rke.l w itli Dave Nic. .van.! knew both parties well and sav tliev were I i .i ... i ... ... . . , , - J i David ami Joseph Nicely. Dave will, a cap and Joe with a brjwn hat on; further ! o. mey p.,s.sea Mrs. u alter on the p.ko :io recogni.eii tnein an-l says tliey are ( .1 . r... t " . i me- inen , iiiiuier on iney passe.i John 1 t,v;...it:.... ...i .i " . , l an ; and a tall man resembhnu these ; further j on at the hill abme r,bergers is foun.I t Ii u rin liiiiii- nf.i Inn,.!, ...!'..!. .. '..i . I . 1 ..? ..,o. ,u..(u ,ei. jH.uue.i . i iiiij., I. ., 1.1 ,. i,., .... i... ...i. ... ..,. iv .to. i, . ...j i.n i ( ii ii i n no ever iniir- dered Herman I'mberger came n long dis tance ami had brought his lunch w itli him. This was corroborated bv the track I li t: s -a ' v. r'l a .! , ' r your :-i...:s.'t:.- 1 :i. - f ; J.tU un, t ; t. II. .- i . I! ! . :.:.;r;,! r- t: I - p.. it.-;: fi .1.1 t! I .1 a..! 1 f 1!' in si't i n;r r. "ii i:it- t i i :i i.' iu. i kit- i..v, .1 id tl.e l.-t t ..-I i.'e, JIM the l.-t t el j.ri-- t.c ( :!. r.r:---i.er--. li.-thiti -.;:it- ed -'.t that a:':i r ll.cir liight a h::l' .-!'"! t;peiil ti.e tabic it hout a co t.ey ali'l : Uvn,)in VlflWri,.r Mrii he WM fc;,.jtk j time there was not a j cileineiit, givir Mi. Lot 01 ex- L'iiiber.T, j hi la Mearn and .ar:nie n..rn.r ; every opportunity to ci.refuUy s"Ttilin:e ; j the tin ss, firm, features, sliaj-, etc.. ' -1 i . v , , , "" luetl. Next took their t mil ii' and called att 'i.ti-.n b with wbi.ii liila Ste: tl.e particularity rn i-It ut I :ii 1 the hat. witii a piece out t.f tl.e lim, tin- ray 'tin ( ()V(.r,.().it tLl. !(Mlh,.r ,(,,s ... ,;. J M,.,ts. Uw Na,.i,. in.,r i.ht,'ili.-.l j H M .,., ; .Min l.,lt- U-iIther l.n.wi! patt !i on thv jrt.iy ot r- icoat. He liicn i.oi:.tt-i out that alo r ti.. j 1 ! arrest tin? singular fact that whil-t Dave Nicely was the t.ili n.aii i-.iid -i"i- t:.e :-liort one, tliat t!:'- gfUV own.-n-t v. ,Tii the Lro.vn patt li, worn by tiie tli iiiau, was found at Dae Nit cly's.an.1 th- h it with tin- pi"ce km' if ti e ri:n A is foiiti I ut doe NicelyV : that the- t, ii t.i!e band kerchi f w itli t::i r.-d sj.ts ..n '.va- f-iuie! on I'avt: Niiely; i.ow lilla Slearn an! ' Napnie Horner testified it was tied mid tl.e further ditniagiri.' fact tiiat t;..; hau-l . . .' . IkCrtl.ict, Ml. ell ;..lli, C.l!iie ; . ' ' ' ' . " ; 't t..e hut uat wni.s It, 1 WitH sl.o'.i il to li;Vt In ell OUT .'Jl'lt'-I bt-rg'T vv"-" have been kill-i bv a I. ii!- t fr..:.i let re' ., N;. ''1 calibr;? revolve'. i r of cell r- ii.-:- w.-.- I- s.- s.-ioii, ! lit cei:tr" !-, ii ill J ti ne . ! i.i aro t nitieit-i.i.e Jire t .-.r- f.iuti 1 in iiis jMi.-.-s.-i-.:i. I! . Ir ..:at'ie p'.sses.-i.ui of the cii-iidg'-s that J'.e Nii.lv f;.; s . : argut d ti.ii j cei.tre-li.-t,- to Ut have had a centi'e-tiie revolver tliii' was coticealed snu.ew heri! with tl.e tuoiiey ; be then t.-l 1 how Kau. h. in the pre i iici-i f An;!-fo-i', had tak.-n th-- hat i'rotii a Hail at Joe Xicely's iiiiu.-r. :.n 1 the piece .Vii then out '.f it ; then to! 1 how ih e i.-itioii of tin.' ib-fenf colli -ed 'd that the p-icketbdok as I ii.bergt r's. an 1 de nit l thai tiiere could have been any mo tive in the world for anybody to commit the fraud that the defence is now ci !u- Jtelled to urge; .showed ho.v lie oiiid not say il was, or was n.t ti..- j t tiMi-.k ; Low bri'ti.'-r-'n-hr-v M !! was aide to say it was ti--t fhepot book, and tiuit Lr-.thi-r-iii law M. r. , T. .. k- CMlet lit. I ilsK to i- '.f.ii-Xc'l il j-.ry. "k an i because lu- h.i lse i.ar.i 'the tuoriey, an. 1 cotiita the 1 the kt t.f ti.e money from the otli.-i rs. tuitted af-er'tai Is that lo- had ii :t it ; he then declared liiat tie- t'.i f. r,s- r -!-ed ujK.ii a1) alibi set up by tiie Nin-ly fatuilv. :nt! a lot of titircliab!..' u'itne-.-:. O Morsil.ili-.l in money couid be lis.-.! as an engine to Manipulate tl.e character of 1 witneesss. II.' then pii I his res:i.-. ts to the Nicely family and insisted that tl.e ;iw ful prisscre t.f the i!..-a.ii penalty t" two of them and the proS'i-t of the con ceahnetit of f!"..oo't or :.'o.'Mii on the other hand wt-re motives that could be! U - xpcvted to swear the lot of ihein. De-; I11;ln.i,,i to know why brother in-law I doctor might iK-rchance know more about . j.,,,,. (lf ;l ian tll.ln )li.Iw.lf r . iilrv. vet there were twelve :,irs ,.f . iv inn linn ne wa aoie to .to a st ri an,, Mml:Wut llav-, Wnrk . ,h.v,, , ,.., ,h.t,.U- wit,... u-....., .... it.. Is w .1 an,, ar)flH,, tiia.. i.ainf. M.irks K.H,ntarei - i - - '.. ........... u,n in,;. ieetin were of a similar intteiii anl ; tin :r testimony ought to weigh as i.oti.intf b, f -re the jurv. II- then asked that for . inttr, f t;,0 ... (H) t , . (1:H) ill!ia.,:tilllN ,,f ,,,, v w ;,,.. hl. (t,rtsts tlt.v M.,.,.tl., , ,,r - i tcct, that, whilst to jrivo the J ri.-oi.eis the benefit of all reasonable doubt, yet if the evi dence satis-lied them Lvyon 1 a reasona- :):!. r. K S.. . :;ri. I, i. i. Km .ti..,; Court c-!-,.k. Mr r.t til! a oil h tin.. d '.Tt.ir:. ! Drift Fro if. ! ' Mr. Frank W. II :; w jJ. Ent-Mey. , .'--iv xeRileman in R ;.-'. r ; r:v"-r that .fitaii.l !. ! - The body i, fa -..-! Pi wai foii:i.i:n t! i ii.g ; it w as t't - Ol if-n a ,! eiiil.aln.ed a.v ; t) (M ,;lv,.r, ,i ; ! -,lllrra: --rvv. '- I.- In town t ik pa w is dorrtti-d and : t..-.v.-d t!,.- -.-:y v. i-, -,v!.n.r d- li i;!: ' U! .v ncv r I1: . v. oe -i- Te-i' ler i v t i -;. in p..i by s!.. . , . :ii.' from far i.'i be, n ' li' to J-.hi,. to try t- (i-i-l tin- r A'.o'l.er 'u'r.ii -ffiiit .f h ji - .-.( n ! , !.. r . ;-.it) t: !M..:;i v. lar- 1 t : . r : . ' r 1 1 . - -. , i I - 'I H. I. i!.i t O :i 1 i-. i.t t i ti :tini': ie b-r.- i.-.-te.-'- ' i ii 1:.- 11- , ...!. in ; : b. Th' to ). M . I'. ii. -.. :.-i. :!.-.- d iz-.-n s:r..i:i: il ex 1 1 . ri : in : ! in-:-, i -I I- 1 50M EP.ET'S a: i. toe r. ..; - : :, imst ..vn. i ,.:' , ami 1 tl.e .-i.i! i r, i :. in J. l..le .l.'i I .t. ' i : .- i i: . - . - k and biiil story--.! ini:-- and ha:u.'!nj i-i . In Neighboring to :.-itpt,'.i.j-y f. t a r; .: c...i. ai.y c.iii ,rr ; :i I .-. i i .: -ti a iy. .(-i;i-t. j - i. . : . 1 1 lii.it - .in.' of ..if p .;. t-.wii yes!.-r-l..y. gave a ru n -r tin! a ri-.t 1 S . W.1- .!! oil' o-iiet t ..VI ! ; !:e hoi: r. - i : i -.- ; t .-:--::;. r oi!i - a-i ! ::.. :i:i r.--.uiid t.-r t'.e j tor wi-l.iit.: to pi.i, ,..:'., wn.te on a pie- e of pa-., i.-it one cx;t ! d lo-i.ig1 :. -;:id '!..- : : pra.-;;;-. No r:-.t t:.. ii llg to .'. -i o :iriii. -l i iv to M.: e st.lt; I here ':. r. w- a t i r joi.-riv : . The t v.-iteni.-iit i- tran- ' -tree! when il W.I- ir.iriie Itli ; vii tj i sol ;,-rs were g lar i : ra.lro.i l. T.n- -Ld i ::o i'.liry was I:, a: 1 mi . v.v i dot- j; a;j jut-.in .' ' I'. i'. i i ' with Cap'. H un itoii. . ot ' iiig s -t-t'f. .t wa- e- iruc i that a- her-.- -imply to prev:,: i. . ' f.-.T.i g-tti:ig o-i tr..::i- an 1 ;'ow:i. We : i-rpn-c : i-i a : f ti.e D;:.i ii i ;. m ;. , .'. w. ; i ur it";. 11 -c. inv.la'ion to strani-'-r-roi.s. to call an I e . Hats, Potitieti a-,.', I.a- .-s. E'nbr. '.-!. r . -. chief... I ' .'lar-. Caff-, P. it elry. Ac. .v.L M. M 1 .1-- ii.-.: f,.r iiu- -. .:i a UiiiiLTs an- . .r . ; ;,-!, :.,;;, lot- i! iwers are beaat.lui an ' Lite n at u re a- to al .ii. .-t th . have an inum-:i... sr.-.-k. c M. M f ' i M'. Co i's. II. ..': r 1 ... . publishers ol" li.e linn ... , from March 1 -t'l to , ;.; ' s.i p!y copies of all ami .n. i pt r copy. Mail order- Send postage stamps to F..-i for Heuai.i. s back numt'.-r- 'r-V-ii
Significant historical Pennsylvania newspapers