Somerset herald. (Somerset, Pa.) 18??-????, June 01, 1889, Image 1

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eral
SOMERSET, PA., SATURDAY, JUXE 1, 1889.
Somerset
. i'
O
O
SHARP!
J ; oa want 10 get til the newt about the sensational triali now going on In Court, go to
iSHER S BOOK STORE.
Her yoa can get tlx fall illustrated hUory of the
BERGER MURDER andthe YODER HANGING,
J tl- ftiMtfit nf1 lut information in nxm-d to the important trinln now pr!nK on. Justices
9 -ti i IllNVH -Urn K kii ail ktii'lti wf Iml Hlankn. Itipku. lA-cal i..t a-'octlTap
vl I'lV' lill hllVt-..-V I'xmtMl'lt-f (f't (MHHt-lc tU.e. Sale iliil. A.C. ToQshl
call Mir isurh uuiuii, iuwuiuuuhiup jivniuiuwi'uu uu,i m
LOWEST WHOLESALE RATES.
anil I-egal P'r. Envoi. iv Ink". Pencil.. Pen. TaMcta snil everything in
.. . The i'lUxbun: daily paj.er aud uli we lunsuma wid periodical are foraleat
Fisher's Book Store.
a-.-.- tuind-ome and attraclive store ai'l iien durine l.mrt vevk unlll 11 o'clock n, m
, , I every a m Uuou aud aueulioli ulll lo slioau all palroua ami irties duKiruig
i ll.i- Ik. M.Te.
JtS, ALBUMS, SUNDAY-SCHOOL TICKETS, CARDS, TESTA
MENTS, GOSPEL MYMN5, PICTUHJ, r KrIt,
I kv MiaiMinr. Ba Ilull and Hat" The penenu place ol ivw kit nc., prom aiiu
a ft 1 "n'K no. grxni omit week w ill in- at
FISHER'S BOOK STORE.
SHARPS
OOK
I EKA.lDQUVHTKrjS AT
ERR a BROTHERS.
FOR ALL KIMS OF
files, Clocks, Jewelry, Spectacles, k
in -nil the attention of the tmnlK and especially all attending Onart thi. and w-
. '.iii.Ik 1.k t of Mali lit ol r.very iwni iuuuu -
.-.I of uii! lai l u, to call aud aw for j .mrnclf. We "hall give tlie
LOWEST CASH PRICES
liM.N l.l AKAN'i F.LD.
HERR BROS.
.No incident in oar court's proceedings for
many years, if ever, excited tbe same degree
of interest among tbe members of tbe bar
and multitude of spectator a the final
chapter in the famous robbery ease. When
tbe four convicted fellon. Charles J. Lewis,
Deratur Tanker, Jackn Porter 8ullivan and
Marshall Sullivan were brought Into court,
after tbe first rustle aud commotion caused
by everybody trying to get a better position
for hearing and observing, a breathless and
almost ainful silence prevailed.
As the four unfortunate convicts sat with
their backs to the railing and their faces to
ward the judge's stand, a marked change was
quite observable in their demeanor and ap
pearance. Instead of a defiant attitude aud
a kind of looking-out-uf countenance gaze,
they all wore a subdued expression, aud ap
parent')- realized tbe gravity of their situa
tion in view of the pending just and right
eous relnmitton ol tne law mat luey lisJ
been found guilty of so fiendishly violating.
I1o;h-U'ss, helpless, wretched, as all four felt
they were in the presence of the adiuiuiatra-
lors and executors of the offended law, there
was no palliating excuse for the heinous
crime they had committed to which they
could look. Condemned alike by the law
and their own conM-iences, they were the
pictures of despair. No wonder that when i
aiked if they had anything to say why sent-
ence should not be pawed upon them, they j
hesitated to res;ioiid at first. At last Charles :
J. Lewis, the chieftain of the d Kimed band.
who had assumed such a daring and d n't-
ure a-cenl kind of expression during the
whole of the trial, slowly and nervously
arose, and mn-kly and pileousiy said they
had not been awards! a lair anl impartial
trial ; that the whole community w-is preju
diced aain-ft tlisin ; and tint sotneollieers ol
the court had d me their cause an injury by
what they had said ever since their arrest,
lie was followed by Decatur Tasker, who
atameringly gave utterance to a few words
of similar import. Only one of the Sulli-
vans, Jackson Porter, the dude of the gang.
as one of the Commonwealth 'scounsel char
acterized biiu, in an inaudible tone of voice
uttered a few words.
While sympathizing with the deplorable
condition of the ijiscreanta, there was not
one in the Court House among the vast au
dience, that did not rejoic over their convic
tion, and feel to thank Cod that we hadbws
lor the puniahment of evil-doers, and courts
and ofliners to enforce them. 8uch were the
iwvotiTigli tif Irish circumstances -of the
robbery, involving the brutal treatment of a
venerable citizen, that could a Vte of thanks
been taken to court, officers, jury, and the
intrepid Kyle and his arresting party, it
would have been adopted with a thundering
rcyonse that would have shaken the old
Court House from top to bottom.
As Judge Kaer proceeded to jwrform the
solemn duty of passing sentence upon them,
he vast audience was stilled into almost
breathless silence ; and ater each culprit,
in answer to his name, arose and heard the
sentence and resumed his seat, there was an
expression of satisfaction to be witnessed all
over the court room.
As the last act of ihe drama, rather trage
dy, was being performed, and the curtain fell
upon the sickening details of tbe trial, oy me
Sheriff leading the wretched criminals out,
there was an evident sign of relief express
ed by all present.
But once out of the place wher tuecons
ofthe law were successful in binding them,
they scenrfd to regain a little of their old
bravado character, as was noted oy tne crowo
that formed the lane through which they
marched into the jail, one of the felons say
ing, Get out ofthe way, you d d sons of
b s vou.
10 YEARS IN
THE PEN !
IS THE "SALTY" SENTENCE
IMPOSED BY THE COURT ON
THE LEADERS OF THE
" McCLELLANDTOWN
GANG."
Chrislly" Yoder is Arenpd !
The Fayette County Bandits Given Taste
of Somerset County Jjitioe.
No More) Torturing of Defenseless
Old Men by Lewis, Tasker and
the Two Sulllvans.
The Verdict and Sentence
Universal Satisfaction.
Give
tRNER BROTHERS'
Reliable Close-Priced Shoe Store-
'fcioleCon ress!
' r.'pnwnls the Kuier
i"V t'otnrrn in Kanpa-r-i.
Cordovan slid
a dniihle '.ro one
;h-vi hack, Slid tlieoth
"i.t of the Hi:kW.-lne
;tvt iitini; the strain of
'ot on the ui kii'-l'one
vetitit't; the pore HlMillt
ia!Vd h ri . 1 dcf.-iird by in
';tii..ut nn-.vi..n
u- -"in- is the
)XG11E S S i GliliTiEkR,
ES FINE SHOES Sfa
J.. lHH LASS' vuVSl.wLeerlounai.diuaoie.
Alt Latest Styles.
tana Welt, &c. Sec.
Flexible Hind-turned,
v ntti ax and 4 Rhne. Ahq.wM.
K ri-s'tful!v call tittenti
.arj.. line if t!'- tit'.-l s.;i
M i:i t(,e t Rid .-!! .
i ilcalcre. ( ALL AN
i.. ,i. f-.j .,M.atntlv keD in stock
. I' ...1 w.a I ,lu mVM la. of the latt
alanvs invite con. arisen of our pruts withlhose
At the opening of court Wednesday morn
ing Mr. Harvey J. Berkley, of Summit town
ship, was "sworn and admitted to the prac
tice of the law in the several courts of this
county." M r. Berkley passed a highly cred
itable examination at the hands of the regu
lar examining committee, composed or A. C.
HolberL H. 8. Endsley, Val. Hay, H. L.
Baer and W. II . Kuppel. For the past
everal months Mr. Berkley had been pursa
ing his studies in the office of F. J. Kooscr,
K.n The HrsiLD joins with bis many oin-
er friends in the county in wishing the
young barrister the full measure of success
in his chosen profession.
We are clad to take advantage of the en
. : r ii,. n.ft.v Hitiui in giving an
tn.itstion to strangers, as well as our old pat
. .'l ..,,1 ntir immense stock of
nos, iu v. -
ii... n.,tia and Trimmings ; besidea.
Ijces. Embroideries, Hose, Cloves, Ker
chief, Collars. Cuffs, Buttons, Corsets, Jew
elry, ic.,tc
M. M. TatDWU-L Jt Co.
Murderll
In murder trials it is most imortant
to
.ijUXER 13H0TIIEUS, Somerset. Penn'a.
know the exact tune at wnico mo v....,c
enrred. To the unfortunate criminal time
may be life. In all cases time is room-,
money can be saved by buying time piece
at Neff Si Caseherrs, who cany s large as
sortment of the Finest tira.le. of Watches
and Cocks, Jewelry end Silverware, Eye
glasses and Sictacle.
We also do engraving of all kinds. Coods
purchased from us will be engraved free of
charge. Karr A Casebkis.
Al houirh M. M. Trcdwcll Co have done
the largest millinery business this season
they have done f .r years, by opening fresh
invoice twice a week, tluy not only k.p nP
a fuil stoci, but are sure to have everything
of the latest as it comes out.
At 10 o'clock Lewis, Tasker, Jack Sul
livan and Marshall Sullivan, the convict
ed members ofthe McCIellamltown gang
were brought into court, and A. C. Hol
bert presented the motion for s new trial
of which be had given notice last nighL
He said that oing to the shortness of
the time since the prisoners- bad been
convicted, he was not prepared to argue
tbe question at length. The reasons ad
vanced iu gupxrt of the motion were :
First. The refusal of tbe Court to permit
a continuance of the case, iu order that
tbe attendance of Nettie Sullivan as a
witness might be obtained.
Second. In the case of Charles J. Lewis
tbe refusal of the Court to grant a tem
porary delay in order to procure the at
tendance of Nettie Sullivan, in which
case the dclenuant could nave gone on
the staBd and explained bis whereabouts
at the time of tbe commission of the offense.
Th third ami fourth msmii wnrA hasw.
ed on alledjted improper remarks made
by the District Attorney in his argument
to the jury yesterday, which, it was al-
ledged were calculated to create prej udice
in tbe minds of the jurors.
To this the Court replied that they did
not see bow the remarks of tbe District
Attorney could have prejudiced the case
against the defendant, for the instruction
to the jury was very explicit on their
duty to try the case on the evidence, and
not on anvthing else. As to the question
of procuring the attendance of Nettie
Sullivan, the Court said the defendants
bad not shown that anv return had been
made to the attach ment granted by the
Court for that witness, or whether that
attachment had been sent out at all ;
that there was ample time for an officer
to have gone that distance and returned.
The motion was then overruled.
Tbe Court announced that the other
two bills against Lew is, Tasker, and the
two Sullivans, one for larceny, on infor
mation of Klia Baker, and one for assault
and battery with intent to kill, on infor
mation of Christian loder, would be
held over until the completion of the
sentence which would be imjweed for the
bunrlarv for which the defendants had
been convicted. This was proper and
necessary, the Court said, on account
of tbe great expense which would
be entailed on the county by
detnininff bo mnv witnesses here for
so long a time, and also because their
wiui Borne doubt whether these indict
ments could be sustained, as they would
probably be held to be iart of the same
offense of which the defendants have just
been convicted. All witnesses in the case
were then discharged, and the District
Attorney moved for immediate sentence.
The defendants were then asked if they
had anything to say before sentence
was passed. Lewis rose t his feet and
said that himself and Tasker had been
forced to trial when they were not ready
and that they had no chance to make a
defense :that the Dihtrict Attorney had
prejudiced their case by improper decla
rations made about the isoniersel county
dutch, a people against " w hom Jie had
nul'pr had anv ill will : he said the ab
sence of Settie Sullivan had prevented
himself and Tasker from going on the
stand and explaining their whereabouts.
In her absence, it was useless for them
to go on the stand, and be hoped the
court would take all the circumstances
into consideration. Lewis' brief address,
although at times somewhat incoherent,
taken in connection with bis course on
theUial and while in prison, showed
him to be poswased of somewhat various
attainments, able to make a p-ti: com
mit a bunjlary or have a would becap-
tr .kin .rrarefuUv over a lcnce with his
" r-
"bands Bp."
Decatur Tasker rose next, but content
til himself with simply saying that they
bad not had a fair trial.
Jackson P. Sullivan, then rose to bis
feet and said be was innocent although
convicted ; tbe wonderful and marvellous
statement made by the witnesses in
wearing to bis Identity were either gross
mistakes or malicious falsehoods. He said
he knew nothing whatever of the rob
bery or the goods.
A. C. Holbert made a plea for Marshall
Sullivan, urging among other things that
he was a poor, hard working man, and
that a part of the testimony in regard to
the identity had been wrongly stated to
the jury by Mr. Kooser in his argument.
Taking all the circumstances into consid
eration be said that be felt justified in
asking that the court be lenient in senten
cing the prisoners.
District Attorney Biesccker started to
urge on the Court the propriety of a
severe sentence4, but the Court declined to
hear him in tbe matter, a circumstance
that augured anything but good for the
prospects ofthe piisoners.
The prisoners were then ordered to
stand ap f-.r sentence. Judge Baer before
passing sentence commented on the
cruelty and inhumanity that had char
acterized the commission ofthe crime
and on the fact that the charge for the
attempted taking of life had been held
over. He then sentenced each one of the
four prisoners to pay a fine of $100, the
costs of prosecution, and to undergo im
prisonment at separate aud solitary con
finement, at labor, in tbe Western Peni
tentiary for a period of 10 years.
Tbe sentence was for the full extent of
law and was received in breathless silence
by the audience and without the change
of a muscle by the prisoners.
The prisoners were remanded to the
custody of the Sheriff, and the court re
sumed the work of selecting a jury in
the Umberger murder case.
Mr. Cha's. II. Fisher has bought of the
publishers of the Hiehi.d all back number
from March 13th to present date, and can
supply copies of all and any date at 5 cts.
per copy. Mail orders promptly filled.
Send postage stamps to Fisher's Book Store
for Hieald s back numbers.
Mr Cri-i. v.A--- ..staled by him
slf in court, is SG. He is an .o
leading member of the Amish church. His
hair, which is quite white, is worn accord
ing to the custom of his church ; cut square
off about half way between his eyes and top
of his forehead, worn long over his ears.
and on back of his head reaching down over
his coat collar. His beard that reaches
about halfway down his breast is also white.
and is only permitted to grow on low
er part of his face and neck, the upper lip
and chin being kept cleanly shaved. JUis
dress is of the material and pattern allowed
by the rules and regulations of his church,
the material being home made cloth ; his
pints are cat broa-ll'ali instead of the uiual
front-flap style, and worn without any but
tons, being kept up by a band around the
waist, thus dispensing with the necessity of
suspender. His coat is in the style of a
blouse, and kept together by hooks and eyes.
He is a benevolent, inoffensive, venerable-
looking patriarch; paying strict attention to
all court proceedings, but never making a
single suggestion to his counsel, and only
sjieaking when spoken to. He sits with his
arms folded across his breast, and both feet
always on the floor, and never throws one
leg over the other' as most Americans do.
Every Justice ofthe Peace is required by
law to post a copy of Justice's fee bills in
hi office. These fee bills can only be ob
tained in this county, at Fisher's Book
Store.
Bus Finish.
Ready for use. No mixing required.
Sticks to the vines and finishes the whole
crop of Patalo bugs with one application,
One pound will go as far as ten pounds of
Paris green and plaster wixed by hand.
Sold cheap by
Handsome stock of While K broidcred
Robes. A large stock of Hamotirgs and
Trimmings. Mas. A. E. I'hl.
Down to Bed Rock.
Drop in and see how cheap you can buy a
Hanging I.inp, Lamps of all kinds. Dishes
of all description very cheap. Glass Ware
at a sacrilice, at the store or
E. B. CorraoTH,
Somerset , Pa.
Dress Trimmings to match Dress Goods at
Mas. A. E. Thl's.
Notice to Traverse Jurors.
Owing to tbe large number of criminal
cases at this sessions, the Court continued
the cases for the second week of May Term.
All jurors summond for that week are here
by notified that they will not be requireu to
serve or attend as Traverse Jurors, next
week.
By order of the Court.
Slieriffs Office. IL 8. HcMans.
May, 28 lKtW. Sheriff.
What's the matter with stopping in at
Ferner Bros., and buying a pair of boots or
slioes before going home. They will sell
them to you cheaper than anybody else.
Elegant yard-w-de Cashmere, 25 cents per
yanl. Good, substantial Cashmere, 10, 121
and 15 cents. Mas. A. E. Chl.
THE NICELY
BOYS.
JOSEPH. NICELY,
afV 3.1.:-m . - 1
1
"-,, J V' v -j.
THE "LITTLE MA NT
DAVID NICELY,
5 V K";'fV-'"',r - ?
THE MOTION FOR SEPARATE TRIALS
WITHDRAWN.
ON TRIAL FOR THEIR
LIVES.
THE "LITTLE MAN" AND "RED
FACED MAN" WILL STAN DOR
FALL TOGETHER.
The District-Attorney Opens
The Case.
EllaStearn on the Stand.
The Twelve Cood Men and True
Who Will Well and Truly Try the
Issue Joined and a True Deliv
erance Make Accord Inge to
the Evidence.
the jury:
1. ephraim d.miller.
2. josiaii newjun.
3. jacob l. mangcs.
4. fred. f. walker.
5. john w. beck.
fi. JOHN II. HITE.
7. W.W.DAVIS.
8. D. J. WOLFERXBERGER.
9. JEREMIAH HENRY.
10. T. W. BLACK.
11. C. W.WEIGLE.
12. A. J. SEMBOWER.
SELECTING TUB JURY.
The work of selecting the jury in the
Umberger murder case commenced Thurs
day evening and lasted up nntil about
3 o'clock Fridey afternoon. Fifty-sseve
jurors were called before the twelve
were finally selected.
Francis O. Hoover-Live in Black Twp ;
read about the caw ; formed no opinion ;
was at the hearing ; have no conscien
tious scruples sgainst capital punish
ment ; have never been approached by
any one on cither side of the case ; am
not related to either of the defendants.
Stood aside.
Cyrus W. Tile Live in Middlecreek
township ; read about the case ; express
ed an opinion; could not say that he
could give a verdict on the evidence.
Excused.
Jesiah W. Pile Read about the case
have expressed an opinion; did not
know whether ho could render an im
partial verdict npon the evidence. Excused.
Jonathan Snyder Have ead about
the case; expressel no particular opin
ion ; have never been approached by
t ither side. Stood aside.
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