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SOMERSET, PA., FRIDAY, MAY 31, 1889.
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1AKP!
p I all tlx new alut tle cQviiitina! trltl tiuw jjwiu m in Court, go to
OSHER'S BOOK STORE.
IIitt you can Ret tlie fuli iUuMruU-1 lii-lory of ihe
I lEfiGER MURDER amdthe YODER HANGING,
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Jr.i.
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l:
lii'-t lTtf.(fniHl'nm in rc-f.r.1 to Ihe inn-TJunt trial now- poips on. Jiistii-e
,.',: i-: isi . - I I 1. and all ki; I- ( l .:'lt!i.iii. l k-K I . i itn i KImhp
t:l.;l! Ill v-'oih-v o;i-lHr.i- cull CM 'li-iuhit'" I III iis .Snl- I'-mIn u.c. To Uhip
i nn K'-I Mivr Mnoc. low li aikI t'ouuly Mt-p-lixiil.- Cnu buy at
LOWEST WHOLESALE RATES.-
. iiikI T-cpi! i u; r!T. Eavc'io;i.-s. lnk. IV-i-iK (Vn. T.il.l.-N and cverythlnr in
.i,.-. I e l'Ulxliiiti; daily pu.-rs und ;1 the u.i.iilUT ami H i-u.lii. alb are lor Nile-at
Fisher' s Book Store.
,.. tti.a.- and attra.tive ,w will l.r .Mrl-K .". n.-t -V natil II v.k- p. m
:, : .-ltv- .co:,iai .l:iU'm nlxl aU' U'.lon ttili lie'shcuM ail pulrolis and J -t tl ! - UuMruiB.
ili- l-.'k N.re.
"'I Is ALBUMS, SUNDAY-SCHOOL TICKETS, CAF1DS, TESTA-r-'
1 ' MENTS, GOSPEL HYMNS. PICTURES. FRAMES.
t. Voi-.Minr-. Ila-v Hull" and TUt. Th? rcucrul iuf i t rc.-.rt fur news. ym-M and
.r.ii-- !M t;rt'al I "irt week w ill la- nt
FISHER'S BOOK STORE.
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BUT
wo Siti i
HEAX)QTjiVIiTIiIlS A.T
ERR a BROTHER
l ull Al l. KIM'S tiF
is, Closes, Jewelry, Spsctaclos, &c.
,h-'1 t'n'nt'1-nii.mnf tlu'P'il'H". an 1 wel:v nil at-ndin;: Court this and wit week.
I.,. m ...iu.i. t.-M. k rWut.-lM .t l-.'-y ii-t-ri,.:iou to U- fcttml iu !iiK-rt. 1
,-1 o iNi. lai't it to call ami lor .ir-;r. c tiu.ll K'c lite
LOWEST CASH PRICES
ul 'h.-n l.v nmlcp I' T..ital.l-to rvcrvotif M.;ns to ,iu. iiks? atiytlilne til our
,.f r,l;r maliy au.l .r.,m;'lly il-'ic in iius mt wurltiuanliki luanwr, MHi
,1 AllAN'l M-l.
HERR BROS.
fERNER
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III
BROTHERS'
Reliable Close-Priced Shoe Store-
I.
tl.C;'
In
e Congress!
mi ri'i'ri-sctit-.!in' luiicr-
!t' ( ''li'Ti-f-! in K:tt:t::i-
3 rails', 'T'lovtin ttli't
a tluiiMr on (.n,
I -m lu.i k, Ittnl titt'iitli
I r.t cf the atiklc-!jiiii'
4 tvci'iiliiig tin- ft rain cf
r on Hit- ui Lii- I.iio
t-ntiT1 lh ir rt' Huitlt
alfl nii'1 ilt't'uittt liy in
Without qtitKlioii
inp Slua' it l!ie
Prohibition Meeting
'I ):X!G!R E S S ; G ATTiKR,
ft ES FINE SHOES nexlbl Hanc, turned'
M
rl T 1WTV T 4 CCJ Fm.-.n:t.t- tV.V. nf.1 ft Ah.o.l.
1. J JV U 1 A?50 Wkinc Mi.s. Willi UallKrcotiuUTBiiJ ln.)c
f JK n-sa'tru!lv call altrmion to l!i faft th:tt i cmicinnt'.y kofp in stot'k
fill lart lini' u'f the most waMmallo atfl tu-i.-t servi.'tttMe ptc.i.is, of the tatort
t ! I fc!yln in tin- tra'lf. nn.l hIuvs invile coi:: aiisoil ofourprkK'H withthow
f.r JwlfW. CALL AM) ls.
1 filuNER BROTHERS, Somerset. Penn'a.
Col. W. D. Moore, of Pittsburg, and
Hen. John H. Jordan, of Bedford
Make Eloquent Pleas.
jriRRixa Adhbbbi that Webb Most
IIEAHTILY C'HKtKEII.
The Ameii'lm-jnt ieo'le gatliered again in
full force at the Court House on Wednesday
evening- Tiieannounoetueitl that John Jur
ilati, V.r., a member of the Bedford county
bar, and Col. V. D. Moore, on of the lead
ing lexal celebrities of the Pittsburgh bar,
would addrt9 Ihe meeting, Caiiaed uianr of
our citizens, and nearly all visitors, to wend
their way to Ihe Court House. Bjth
siakers being well known throughout lh
Siatei, there was a very general desire to hear
iheto, indeiieiidt;nt of the auhjucls they were
to dacus.
The meeting was called io order by the
Chairman of the Prohibition County Com- f
uiiUre, ex-Awociate JaJe, Simuel 8:iyJer,
after which a selected choir rendered in good
sty lc aa atiiironriate anthem, and the meet
ing wa duly oened with prayer by ltev.
K. 8aylor, of Johnstown, and formally or
.'iil'zil by the vleetioti of the following
ollieere :
President, X. B. CritthlielJ, who naid he
l'.-lt hj.urrd in avumiuj the duliea of Ihe
ollic-e.
Vice I'residi'iits Peter Holfmau, Josiah
Kiininul, David Mitehell, J. A. ri;m(ll, Jo.nall
sliHl'er, Cai'tnin Albert Ilelller, L. 1). Sine,
Win. llertey, Juo. Knd-ley, W. T. Hjb
iiizci, IMcr Aiiman, L. ii. Kutchour.
Secretaries. H. M. ISsrbey, W. If. (iirr,
AugtiMtU) Ileilley.
Col. V. II. Moore wn intnolured nd
said : " If we reinived inlelligeiiee that in a
litant coiiiilry there was a deathly peiti-
leuoe, we should devote some pjrlion of our
tune ami of our tii'-ins to relieve it. II
within their ow n power to save theiuselTes
and they make no effort, we should then
strive more eagerly to help them. If ue
itroying miud and body, carrying thousand
down to miserable graves, abrogating all
marital vows, beggaring tiniilie, &c, we
would y. " O, od, help us to help them !"
If to the number of 4UU,UtiO, we should fly
to their rescue.
We have such a ietil-!ioe iu the q'i-tioti
of the liquor trutllc, an 1 now ws are ejlleJ
on by the action of the legislature to save
the thousands who are under the thrall
of intemperance. The doty was uired on
the ground of humane obligations, and as a
good citizen of society, bome say that all
who oppose are bad, but many opiose the
amendment w ho are as intellectual, a hon
orable, as m ml, and as religious a we are.
We should not assume all the goodness in
the world. His ar' mints were :
rirsl. Answering the objection; based on
(KTsonal Hoerty. Xo right to restrain liber
ty to use y iitr tongue. So rirfhl to burn your
own home. Xoright to wear ceruiu clothing,
as we Citi't wear Grand Army clothes. No
right to use opium. Have no right to buy or
sell liquor ; only permitted that is, licensed
io do it. Kvtn licenses say you shan't sell
to minors, to intoxicated persons, nor on
Sunday. The judge has the right to prohib
it, and there is no appeal. A community
.ias the ri;ht to limit apatites, if injury
grows out of them. Legal liberty is right,
ail other liberty barbarous.
Second. Prohibition don't prohibit. Fool
ish answers given, but from all I appeal to
Seal Duv'i opinion. In Maine you can get
liquor, but in a way no honorable man
would get it ; get it in scak-easies. What
lire they I Places where you speak through a
tin piis and order some vile stuff called
whiski-y.
Kansas gives her testimony in favor of
prohibition ; Senator Wilson, of Iowa, says
it prohibits. Forty-nine replies fron judges
,n that state say so, and from three opposite
opinions are given, and from nine, resetved
answers. The real answer is, not that pro
hibition prohibits absolutely ; it don't pro
hibit profanity, gambling, amrder. ije
ciopel don't uve all men ; 1W years of
trial has not made it a universal su-css. ii
is a Kr idea to say that because we can't
destroy the evil, we ought uot to do anything
against it.
Think of the Saviour in asaloon ; and yet
9:5 ministers in the church, of which I was
memlier, and minister ved in lavor of
whiskey. It is horrible to think of. It is
just as it was in the days of slavery min
isters advocated it.
lie drew a vivid description of the fearful
evil ol inteni!eranc and made it the basis
of awvals for rotes in favor of the amend
ment. The example of the Saviour was then
referred to in coi!nting evil. Like Him,
we should lavor laws to suppress evil ; make
laws tunt shall be a terror to evil doers. For
the first time praise from saloonists and
whiskey men are heard for Jesus. How in
finitely absurd. Conclusion :
First. You nnd I are children of the same
father ; live in a g(od. lovely world ; if our
!;. .re ru'ht. we have no right to set a bud
exampie. We are each " our brothers keef
er" It was a murderer that asked me nr
famous question. IKit from each of us go
influences that will anVct others for good or
2 reflection : .V are marching to the
Judgment Stat ofC.o.1. and mnst answer for
our voles on June lSih. He tln closeu
with a sermjn like appeal-
Hon. John 11. Jordan, of the Bedford bar,
was then introduced to the audience.
Mr. Jordan's fitst point, and one he was
anxious that his audience should under
stand, a:nl appreciate, was that the question
was non-partisan ; that in its consideration,
all party feeling should be pu-ihe-i aside and
the question looked at only in its moral and
economic stand point. He said that he sup
ported the amendiuenlasacitiz'n. but main
tained his obligation to and his lov for his
party, and was as ready to do battle for its
political principles in the future as he had in
the past; that the moral influences of the
home were and should be all sufficient as
long as the child was under arental control,
but that when the young boy goes out into
life and comes into contact with ntw asso
ciates he is liable to drift it to the bar room";
if the amendment is carried Ihe temptations
held out by the saloons would"be removed
from his path. The real question u this;
"' is the liquor trailic right or wrong?" If
right make it general. If wrong remove it.
A voter should act honestly and conscien
tiously. A father's vole sjxks louder than
his words. He may talk morality to his
child but if he votes against the Amendment
his act contradicts his words and his child is
not slow to observe it and will always re
member it. The gale of liquor is an injury
to men and communities. A mau who spends
30 ctiils per day for drink lays out 'J0 per
year, 50 cents per day means f 1 50 er year
wasted. If saved, at the end of in years the .
saving would buy a home for wife and
children. Prohibition bentfits in a bu.-.iiies
way. It has done fg in Kansas and Iowa, j
Remove the liquor trall'io and you reduce
tuxes. In lss liauphin County, pot tl'1,71 1.
2j from licenses and paid out (Al.O'JO.UO for
costs in criminal court ex;eiiscs that were
chargeable to the liquor trallic. Iluiitiug
don County, has had no license since 1
It saves in the expenses of criminal court
oversow per year; last year Bedford Coun
ty got t-'SoO from the license fund and put out
over Sil.nuO for criminal court exienxs
chargeable directly to th liquor tratlic.
-Somerset County last year got $.V'.i" from the
liquor fund and the cases tried in your
court chargeable Io liquor cost the county
over H OOU, Kemove the liquor traHie und
you save to taxpayers these enormous sums.
Vole down ibis Amendment mid you keep
up this great waste which mti?l lie met by
taxes on your farms and homes. On which
side do your interests lie '.'
Xo one not in the court house could jxm
sibly conceive of the intense i merest taken
iu the examination of witnesses in the ca;r
against Iwis, Tssker, Stillivans, it.;. Not
only is every available inch of sitting and
standing room occupied, hut luenseck points
of observation by hanging on to railings.
window sills, and by mounting upon coal
boxes and clinging to the stoves, llumlrvds
of others seek entrance, hut find no means
of ingress.
On the right from the bar, und the fur
thest point from the witnesses' chair, the
people in order to catch every word s!ok1 up
for hours, not one leaving his pko-e during
the live hours' proceedings. Hot, wary and
perspiring as tiny were they end. in d it all.
lest they should miss a moid uMcnd fy
witnesaei! or counsel. On no occasion, in no
place and under no cirt iiui-tancis, did ihe
writer ever witness people endure tne dis
comforts of standitig for hours and of being
crowded into the smallest possible space,
with so much quiet patience, heroic lorti
ttlds and with such untlaging interest.
When the stolen hams were being identified
by the witness who butchered them every
farmer tried to get a glimpse at them ; and
it was so when the sugar cakes were being
identified by witnesses.
The intense and general interest manifested
was not con fined to any particular class of
persons not to imme-lialc friends of the
victims of the robbers merely, nor to the
proverbial attendants upon con it, but to
fanners, mechanics, physicians, lawyers,
newspaper men from here and distant
points.
The celebrity of the prisoners, Iheir notor
iety as Ihe daring MtCieilandmwn deqwa
does, who hud bullied all attempts at arrest
by Fayette county olliciels, and their almost
unlicard of cruelty and barDerous treatment
of the venerable Christian Voder, account
hi jwrt for the deep interest taken in the
progress of the trial. I'p to adjournment
there was no sign of abatement in the inler
est of all siicctators.
People who stay at homo an.l naJ
the UtiiAi.i), know as much, if uot more
in rrgard to the doings of the couit, as
do those who came to town to hear for
themselves. The rush for the court room
has lx.fii no great thut not nearly a'.l the
people can be seated ; many of this wit
nesses til it io such a low toau that they
are not heard in many parts of the room ;
the Hekai.b reporter's ear, glued to the
judicial telephone, catchet every word as
it is spoken an 1 lays it before oar ri 1
ers,w!ioare thus kept posted and at tha
same time are saved the annoyance of
the crowd and the heated, siiflir, foul sir
of the couii roeitn.
Od Trial Wis Life!
David and Joseph Nicely Ar
raigned for the Murder of
Herman Umberger.
They Plead "Not Guilty"
and Demand Sepa
rate Trials.
1 he Commonwealth Elect to
Try David Nicely First !
SELECTING A JURY.
Thomas, Anderson, Dean and
Hill Discharged.
The Sullivan Acton "Tony" Weller's
Advice to His Son and Attempt
an "Alibi."
Lewis and Tasker Make a Lame
Defense.
FULL TEXT OF JUDGE BAER'S
ADMIRABLE CHARGE. '
HICKMAN" UMI5EKGER,
r-..... 1
Murderl!
In murvler trials it is most iuqiorlant to
know the exact time at which the crime oc
curred. To the unfortunate criminal time
may be life. In all cases time is money and
money csn be saved by buying time pieces
at Xeff & Cascbeer's, who cany a large as
sortment of the Finest firada of Watches
and Clocks, Jewelry and Silverware, Eye
glasses and Spectacles.
We also do engraving of all kinds. Uoc-ds
purchased from us will I enitravcd free of
charge. Xbt Casebexs.
THE MURDERED MAX.
At the opening of the Court yesterday
nioniina a motion for a new trial in the
case of Clark II. Benford convicted of vio-
latinc the Honor laws was presented by Mr.
Benford's counsel. The new trial was asked
for on the ground that the verdict was against
both the law and the evidence in thecase.
The motion was filed and will be argued and
decided hereafter.
The Court announced that night sessions
would be held during the remainder of the
week.
The grand jury ignored the bills iu the
cases of L. A. Morrison and S. J. Ilinger. and
placed the costs on the prosecutors. Tb
were cross cases in which eacii prosecutor
charged the other with having sold liquor
without license.
True bills wero found agaiust ltev. Amos
Sell, formerly pastor in charge of a church
at Stoyestown.on indictments charging rape,
adultery ami fornication and bastardy. Miss
Susan Custer makes the infjrmation in all
the cases.
In the case of Win. II. Kayman, charged
with embezzlement, the grand jury ignored
the bill and decided that the prosecutor.
Charles Eicher. must iwv the costs.
A true bili, on tne charge of assault and
battery with intent to kill, was returned by
the grand jury against C. J.I-ewts, Jackson
P. Sullivan, Marshall Sullivan and Decatur
Tasker.
The grand jury thought that there was
not evidence enough on which to find a true
bill in the case of the Commonwealth against
Burton Harrison, charged with rape, and
therefore ignored it.
The case o( Commonwealth vs. C. J. Lewis,
ct al., was then resumed.
Joseph Paul I live in Fayette county
about iw.miles and a half from Union
town; and about half a mile from John
Pinnmore ; I am a miner and am not re
lated to any of these parties; I am not ac
quainted with John Diusmore; I know
Jack and Marshall Sullivan ; I seen them at
John l'ir.smore's hou on the evening of
the 13th of April last; I cinie out with Peter
(Jooseman ; it was Dinstaore's wife's birth
day and 1 went out with them and found
the Stillivans there; I stayed till soniMhing
after midnight.
Cross-examined Dinsmore asked me to go
out ; I know the date by the account I read
in the paper; the paper came out on the
15tb ; it is a daily paper; Ihsve known tbe
Suilivans a good while; I live close to the
Beasoo's Works anl close to Caol Spring
Hollow.
Mr. Kooniz here asked the witness if
Cool Spring Hollow was not the reudezvous
of the McCIellandtown gang for quite a
while before they changed to Markleysburg ;
Die question was strenuously objected to but
the witness was directed to answer.
I wasn't part of the McCIellandtown gang ;
I don't know that Cool Spring Hollow was
their headquarters ; I heard of them, bat can't
remember who they were said to be ; think
this same party was blamed ; I wasn't inti
mate with them ; I am acquainted, that's all;
I didn't go on a spree with them ; I didn't
know they were there till I went ; we were
not very drunk ; Jack Sullivan, Marshall
Sullivan, John Dinsmore, Hen. Sullivan and
Mr. Uxisemtn was there; Uooseman was
not blamed with being a member of the
gang; I don't think Gooseman and Hen.
Sullivan were blamed .
Re-direct I know Tasker;. know nothing
about his whereabouts on Ihe 13th of April.
P. W. Gooseman I live near Beason's
Works, Fayette county, alwut two miles
from I'niontown ; know Jack and Marshall
Sullivan; on Saturday the 1.1th of April
Dinsmore came past and I went with him
to I'niontown ; he asked me to come horn
With him; said they would have a little
party as it was his wife's birth-day ; we
started about 8 o'clock ; Hen. Sullivan and
Joe Paul and us all went out together; the
Sullivans were there when we got there ;
I fix the date by John telling me it was his
wife' birthday aud we would go ea and
hare a little fun ; we seen in the t-apcr the
first of the week abont the McCIellandtown
gang being at Yoder's ; it was supposed to
be that gang ; I don't know anything about
Decatur Tasker at the time ; he had left
home some time before.
Cross-examined I amTasker's step-father;
it sums it was talked that the portion
that are bore, some of them, were the
McCIellandtown gang ; Tasker had lived right
close to me ; the Sullivans are second cousins
of mine; I am not related to Iwis ; I am ac
quainted with Hill ; he was over there; he
came on the 12th ; I am well acquainted
with Mrs. Hill; we wero driukinj tigrtlicr
on the cars coming over ; aud Paul and me
had little liquor; had right nice time at Dius
nore's that night ; I live half a mile from
Cool Spring Hollw ; only lately I heard that
was headquarters of the McCIellandtown
gang; it was in the papers ; I know it was
the 13th by my working at that time on the
road and setting down the lime.
Henry 8uIIivan I live in Fayette county.
near I'niontown ; I know Jack and Marshall
Sullivan ; I work at I'niontown aud board
out at Beason's Works ; I came, out there on
Saturday and stayed over Sunday : I went
home on the 13lh and came across Peter
Gooseman, Joseph Paul and John Sullivan;
on the road John said it was his wile's birth-
day ; I was just going out to my father's and
didn't intend going further; he told me that
and I went up to bis bouse with the boys;
that was Saturday, the 13th of April; when
went np to Diusniore's I found Jack and
Marshall Sullivan there, and the fact that I
hadn't seen Jack for some time before is the
reason I recognize the day : I saw Wm Hill
on Sunday but didn't see Tasker.
Cross examined. I am brother of these
defendants; my father lives at Beason's
Works : Marsh Sullivan lives near Markleys
burg ; Jack lives near where my father lives ;
Markleysburg is eighteen or twenty miles
from there; we were drinking in Union
town; I staid at Dinsmore s till Monday
evening and was with Jack and Marshall
all the time; Dinsmore is a brother-in-law of
mine ; he's married to ray sister; I am learn
ing the meulding trade; know nothing
about the McCIellandtown gang ; I beard of
the gang, but I didn't know who they were ;
I have heard these parties named as being
the ones ; I was named myself at first as be
longing to the gang ; I was arrested once ;
an old man hired as to rob him and paid us
ibr it ; he tired us to rob himself and paid
us for the job, but be got the boodle ; he
paid us$-'M each ; he was supposed to have
$.700 of the comiKiny's money and be was
paymaster; I was sent to the penitentiary
for it for six years and a half.
Gen. Koonts asked the witness who was
arrested with him, but the defense objected
and the question was not pressed. It trans
pired afterwards that it was his brother
Jack, one of the de-fen tants.
Re-direct I was 17 years old when sent to
the penitentiaty.
II J. Eugle I live in Elklick township
and know Grant Dean.
At this point General Koonlx stated that
the Commonwealth deemed it unnecessary
to undertake to prove an alibi as to Grant
Dean and Wm. Hill because the theory of
the Commonwealth is that they were oaly
accessories before the fact and must necessa
rily hava been absent.
I know Grant Dean ; on the 13th of April
he was at llemy Opel's; I conldu't tell yoa
what time be got there lie left me close to
St. Panl's church ; he told me be was going
to Opel's ; objected to.
I know bis reputation for honesty ; it was
good before fhis occurred.
Cross examined I don't know of aiy own
knowledge that he was at Opel's; known
him over two years; heard a great many
speak about him since the trial and before ;
I lived within abont a half mile of him; he
is aaarried to my neice ; his lady toid roe
they were married: St. Paul's church is
about two miles from Yoder's.
John Lent! recalled I know the neigh
borhood in which Grant Dean lived; be