Mgrpr larfler.
Cross-Examination of the Wid
ow of the Murdered Man
by Gen. Coffroth.
A REMARKABLE WITNESS.
TERRIBLE, DAMAGING, DAMNING TES
TIMONY OF LITTLE NANNIE
HORNER.
EXPUtlTLI IDENTIFIES IBE
BISOSEKS IS THE PASTIES W HO
FOtLLY Xl'EDERED HEE
"KBASDPA.
Minutely Describes their Appear
ance and Dress.
Astonishes and Amazes Jicoks, At-
TORNBYS,Jl BOI AND AlDlESCK ByIIkB
INTELLIGENT A NSW LBS AXU COLLECT
ED AXD POSITIVE MaSXEK.
TBI CttET IS WoKIXO Rapidly akd tuk
COMMONWEALTH EXPECTS TO lltTI It
Timio.iT all is r This Evnino.
When Court opened Saturday morning.
lire. Viuberuer. widow of the murdered
man at;su took tbe stand. She was dressed
in deep mourning and bad a haggard, pain
ed expression of countenance.
Mrs. Nancy Cmberger Cross-examined by
General Coffroth I am C7 years old ; I can
see pretty well ; Mr.
Urubccger hod two
pocket-books in bis
vent; I saw hira put
them there; he had
a pocket in the in
side of his vest;
they were large.
brown pocket books ;
can't tell when I
seen them last be
fore that; did not
count the money;
lie often told me,
how much money
he had; I didn"t sec all the money ; could
not tell what kind notes he had ; it was gold
and "paper; kept some of it in tbe pocket
book and some in a drawer ; the gold was In
a ha? : I don't know the size of it ; there
was some gold in the pocket-book, 1 think ;
I don't know whether he put the pocket-
book in bis vest or not ; I saw him take the
two out of the drawer ; they were full ; ain't
sure how thiik they were; can't tell the
denominations of tbe notes; I seen the
money within 2 or 3 years; don't know my
1 m-band exchanged his paper money for
pold with Mr. Kink, I often seen him put
i-snk notes in the pocket-book ; can't tell
the nine of the notes; can't tell when I saw
Lira put money in the pocket book last ; af
ter he put the money in the pocket be
wa'ktd out to the sitting room and I follow
td (flit ; when I came cut he hallooed, "I
want your money or your life;" I was a
tittle behind my husband ; my husband
Lallootd; I can't say what he said: they
bmk.d him bixk ; te tal!c d and they bal
luw4 toe ; the men t.allootd as loud as tbey
muni &r bis money or his life ; I don't
knew what be said ; didn't see bini attempt
1 pull tbe handkerchief off.
Q. Didn't he make a grab at tbe hand
kerchief, and call out a name known over
hi that township, Faying, "Ant you going
to rob bh7"
A. 1 didn't bear what be raid: I won't
ray whether there were four or five shots
fired before I went ont ; just as I went out of
' the euor I beard one shot, and I heard one
lust as 1 was in tbe kitchen : then I beard
a shut yet, and then be came and tumbled
etawa bra Hie me, dead ! there were shots in
tl ceiling and perhaps some in the
ef the room 1 1 didn't see them take any
none eut ef his poi ktrts ; tlie shots were
tired reiy fait ; hea I ran into the kitchen
and rang the dinner bell; I rang tbe bell
end kind of looked in; ! didn't e him
cwme eut, but I heard him coining ; I stnop
edeowa asked if be was hurt, but he was dead;
drtia't search his pocket ; Albright IVets
am tberej first after the men lift; 1 can't
tell bow tong be lay on tbe floor; be
Tayiag there tins Dtets came; he iaid
there till after tbe inqiKsl ; that was not
very laagl don't think it was two hours;
'- 1 knew be bad no money when he fell down
there; I felt and k Lowed the money was
ft-me a ad tlie mm were gone; I didn't open
tne vestfe see wnetiit-r po net-noon wrs
gene ; tat) nan's fare was nearly all covered
didn't notiee his hair; be had striped over
alls a ; I didn't notice his other clothes ;
. be bad Be hat cut when sitting there; think
he bad hat on when be came in and took it
eff; the little man seemed to have mask
; his hair was daik 01 gray; the beard
didn't look natural ; it was above and below
the mouth; J rtnild see his eyes, nose, fore
head and checks ; I couldn't tell what kind
ef hair; he had a hat on; didn't eve his hair;
had kind ef daik- clothes on ; I couldn't tell
what kind particularly bnl I think there was
rrd and white in both handkerchiefs ; had
never, erea defendants before that night;
didn't bear the tall man talk at all ; 1 know
, el him the moment I saw him; I saw him
plainly 1 seen bis rye, nose and forehead
w hen I saw them at Ranch's they were not
d'sruised; they were the same six-; recognize
little man by his size, eyes and nose; and I
heard him speak, at Ranch's; I heard them
both talk there; 1 didu't say at Rauch's I
eonld not recognize tbe men; I didn't say
there I could not be sure these were the
men; T was not sworn as a witness at Rauch's
I was a wi!neys at the hewing beiore J n,l.-e
Bae-r and recognize them: I say I recognized
1 hem as the men that were at our house that
niRht ; I described before jude I'1 llle
kind of mask that was on the littie man'f
face and I think I described the handker
chief that was around tbe tall man's mouth;
my husband was 71 or 72 years old; I bad
been married to him about 30 yean-; we had
or.erhihl; it' chad (objected to as not a cross
examination) ; 1 was widow before 1 mar
red Vmbergtr; had children before I married
him; had .' children ; U of them are alive ;
one is a girl and two of the boy live three
miles from where Hive and the other one
'.ives In Latrobe; I don't know age of one in
Latrobe ; both ore grown men ; my daughter
lives about half a mile from where I live;
I'inberger was widower when I married
him; he bad one child to a former wife ; it
died before we were married; my husband
was collecting in money coming to him ; 1
kuow some parties that came and paid him
money; he was sickly during the winter;
he was not able to feed the stock or do
anything ; one of my grand children, Geo.
Iloruer, was doing the feeding ; he is son
of Noah Horner; Noah lives in Latrobe:
George has been there a couple of months ;
he went down to the grocery at Westlcy
Griffith's a litter over a mile from our place
towards Forwardstown ; we live three miles
from Forwardstown and two from Jenner
town ; he started a litter before dark ; the
strangers came toon after he was gone ; he
stayed with me tiil after the sale; a public
road ran past the house where I lived at
that time; I don't think there was prayer
meeting that night ; I would know it if
there was prayer meeting; there's a church
in Jennertown; George Horner came hack
that night about half an hour after t'm
berger was shot ; he was back before the
inquest ; I don't know who sent for the
'Squire to bold inquest ; Geo. Horner is
pretty near IS years old ; he is not as large
as a man.
Ue-direct 1 went to tbe oflice of the
lawyers and told my ttory before I went
before Judge Ilaer.
POStTlVK IDENTIFICATION.
"Never in the forty-seven years that 1
have practice? Ia have I in any case,
civil or criminal, seen or heard a better
witness, in any court, than that little
girl," w hispered "Uncle John" Cessna to
a Herald reporter, as little Nannie Hor
ner, the ten-year-aid grand-daughter of
tbe murdered man, who witnessed the
murder of her iftlirra, gray-haired grand
father, left the witness stand. Her testi
mony was clear, straight-for ward and to
the point ; and her identification of the
"short" man and "long," was most posi
tive. Never was a witness in any case ever
tried in a S jmcrset eoanty court subject
ed to a more rigid, thorough, ingenious
cross-examination than was she at the
hands of General Coffroth, the senior
counsel for the defense, but his failnre to
elicit the slightest contradiction er varia
tion from her exauiination-in chief, was
most siirnal. She recounted tiie story of
the two strangers coming to the lonely
farm-bouse on the fatal February night ;
of their representing that they were Red-
ford county officials on the hnnt for stol
en goods, and of their search of Mr.Um-
berger's house ; told how the nnsuspect
ing old farmer had shown them from
room to room ; how, becoming suspicious
of the strangers, he hail placed his pjek
etbooks, containing a lifetime's hard
earned savings iu his inside vest pocket ;
their return to the family room, when
the "little" man whipped out a revolver,
ami, pointing it at Mr. Umbcrger, de
manded
HIS UOXIY OR IILS LIFE.
She then told of the straggle and the
firing of the fatal shot. Pointing to Joe
Nioelv. the witness said : "There is the
short man;"' and, pointing to Dave,
"there is the long man."
She described minutely how both men
were dressed. She was shown an over
coat that was found at the house of David
Nicely at the time of hisarrest and iden
tified it as the oat worn by the "long
man'' on the night of tbe murder by a
LITTLE BBOVVX F.lTt"!!
on the side. "I know that tnese are the
men by their size, eyes, noses, voices and
motions," said the witness. S'le said the
little man" wore a brown derby hat,
with a piece out of tho rim, and was pos
itive that the hat shown her (.the one
Joseph Nicely was wearing when arrest
ed,) was the one worn by the "little man"
thut night.
While the witness was being examined
the prisoners showed unusual signs of
nervousness and unt?asines3, and their
relief was apparent when she left the
stand.
Nannie Horner was called and testi
fied that she was ten years old last July ;
I knew and lived with Uinberger, and
was there the night he was killed.
Mr. Cessna " Begin the story in your
own way, and tell me w hat happened
that night and hour."
There were two men came in ; I heard
C-i them rap ; t h c 3
, V5
S. ires
sat down close to
the stove, on two
chairs ; they sat
there about one
hour ; they talked
some ; said tbey
came from B e d-
ford, and had a
search warrant for
to hnnt some jew
elry that belonged to Mr. Mison, the
peddler ; they took out a paper and read
it ; the little man read it, and then put it
in his pocket again ; they said they had
searched Frank Heiple'a house; they
were all in tbe sitting room; the light
V9
was burning; grandpap said they could j
look, but there was nothing there ; they j
gotae-an'Ie and -.tatted in the parlor.!
au.l the little mail, and grandpa and I
went a!o.ig ; tho Uil man and KHa1
Steam was in the other roe us ; they look
ed around in there and then went in the
bedro mi, and the npir drawer of the
bureau was ope ned ; they took all tlie
thiugs out ; then they 0leued the lower,
and then the next drawer was opened ;
and the next one was opened, and there
the money was laying; grandpap said
that was a little mouey to pay his bands,
and they had no business with it; after
they shut the drawer they went out in
the room, and then my grandpap and the
little man went back and looked under
the bed, and they wanted grandpap to
pr.U the bureau forward, and he told me
to go and tell grandma to come in, an i
she came in and said they uiijtht puil it
forward and look behind it ; they then
pulled out a bureau drawer and could
look down where the pocketbrK.ks were,
and grandpa took them and put them in
his vest and walked out in the r3om, and
was followed by the l.ttle man, and 1
was behind him ; when they got ont the
little man said :
" VOlIt MONEY OR VOI R I.IKE;"
he was pretty close to grandpa and
had a revolver in his hands, pointed
toward? grandpa ar.il grand pa faltered and
looked un.ler the bed, and they wanted
grandpa to pull the bureau forward, and
be told me to go and tell grandma to
conic in ; and she came in asid said that
they could pull it forward and look be
hind it ; then tlie-y took out a bureau
drawer and they could look down where
the pocket boaks were, ami grandpa took
them out and put them in his vest and
walked out in the room, and was followed
by the littie man, and I was behind him ;
and when they got out the little man
said, " Your money or your life;" he was
pretty close to grandpa, and had a revol
ver in his hands p jinted towards grand
pa; grandpa hollered and threw up his
hands; one button was buttoned on his
vest ; and then they began to shoot ; and
when they shot tw ice I ran out and did
not see any more.
I went around the hou and when ont
heard our bell ring; I heard the men
running and then I ran around the house
and in the front door; I found grandpap
on the 2Kr in tho kitchen and he was
dea 1 ; I do not kno-,v whether the pock
etbooks were gone or not, but the men
were gone.
T'.ie stove is about in the middle of
the room ; I wassittinr down while they
were there ; the bijr man had a red and
white! handkerchief tied around bis face,
and had striped pants on ; both- had
overcoatsoa; the hill man had a brown
bleached coat on.
An overcoat was there produced and
witness asked to examine it.
I saw that overcoat at our house that
night ; the little man h.-ut on an overcoat
not ss white as this one ; yes, the black
one is the one the little man had on ; the
sin. ill man had a brown hat on ; it had a
hole torn in it on the rim ; it was on the
little man's hea l ; I noticed the hole
there.
PICKS OIT THE II.XI)KK!! !IIEF.
"Take this bunch of handkerchiefs and
pick out the one that was around the
man's face, if von can," said Mr. CVs-cna.
Witness was handed a bunch of hand
kerchiefs and picked out a red and n bite
spotted one.
This is the one the big man had on ;
I do not know the others ; saw it taken
out of his pocket at Ranch's ; saw Dave
Nicely and Joe there, and heard them
talk ; I was not at hearing here the other
evening; they are lie-re; they a:e them.
Witness went over and poiuted out
the prisoners
The little man had a beard on bis face ;
it was a gray Ward ; don't know w heth
er it grew fast or not ; it came up to his
nos3 and down his cheeks; the hair was
kind of currV ; I heard the man talk at
Rauch's; the sizi1, voice, and motion oi
the two men look alike; voice is just the
same.
Cross examination One of the pocket
books had a gum band around it, and
the other a leather string ; tiie big man
had a cap on ; the small man a hat ; he
took his cap oil'; I am positive that that
is the handkerchief ; I was sitting right
behind him, but could see tho siiots; I
have seen it threj times at Rauch's,
that night, and here ; saw them pull it
out of Dave Nicely 's pocket, and Ella
-Steam said it was the handkerchief and
I said so, too ; the overcoat the big
man ha-l on had a p::t;h on it:
saw one of the coats at Kooser s ollice;
did not see the handkerchief there; saw
the black coat there; did not see the
light one; the little man had the light
coat on ; it had one of the buttons offand
a little brown patch on it ou the side;
I have not seen that coat before since the
man had it on at our house ; I heard them
talk at our bouse and at Squire Ranch's ;
I recognized U19 men then;. If it was
not a beard be had on it w.n not the
man that was at our home ; it was the
man ; the beard came up to his ears close ;
be may have been shaved.
Reexamined Whose pocket wad the
handkerchief taken out of?
"Dave Nicely'. These pants here was
the ones Dave had on."
wit T mie nusr bays s:ik LtT say.
Cross elimination by General Offroth.
Went into the room with the little man and
grandpa ; th-jre was two pocketbooks ; one
was kind of a brown and the other kind ofa
black; th; big one was black; gum band
nnmd in- and linSticr -.trins a"-,oii-l lite
other ; the hi if one had the leat'ier string
ar.mul it; Mr. Tnilx-rer put the pocket
books in liis vest ; put them in bis vest tbe
-wv-iiid lime he was in the room : I run out
of the room afier two shots had boen tired ;
did not see anybody take tlie p icketUx-ks ;
when i came back urandsa was lying on the
Hour d-ad ; do not know whether the pock
etiMnks were -in bi-u then or. not; .- the
men onus i.ito the lions?; the hfT nun
had acapon : Ihesiull mtir bad on a hat ;
ihe tall man i-anie into the room-and then
took off bis cap : tbe small man kept
hit hat oil ; tlie buY'e roau had a handker
chief around his head ; reeagniz; the red aud
white handkerchie f ahown : was c'.-a? enough
to see the spots; never saw any like it ; am
certain it is tbe handkerchief ; have seen the
handkerchief three times; seen it that n'ght,
seen it at. Itau ;li's and see it now ; have not
ae-eu it since I was at Som.-rs.-t ; did not see
it at the bote! ; saw it at Mr. Ranch's oillce ;
Eda sai 1 it was the handkerclaer anil i uo
it wn, too ; did not say it was because shu
-aid so ; Klla said it first and I said so, too :
did not see it at all in S-mjerset; spoke to
Mr. Cessna about the case; tuld Mr. Ranch
alwut it '; told the men w!i-camo over from
Johnstown; do not know what the'.r names
were; did not say tliat one man had.a black
hat on with a hoie out of the rim; -lid not
know who they were until I saw them ; they
did not say they were hunting for money :
thc-y sat down to get warm ; Ik-iIi men sat ly
the stove ; I walked around behind the stove ;
the lamp was on the table aliout ten feet from
Mm stove; I walked pa-t tlie-in and stoo l be
hind the stove to warm my feet ; saw one of
the overcoats shown at Kaurh's; cannot say
which one: saw one at Mr. Kooser's oth ;
did not sec the handke-r.'hief at Kinwr's of
lice; saw tlu dark out at .Kuoaer's
oTic ; saw the light coat at our place that
evening ; the little man had on a dark coat :
there were one or two buttons off the light
coat ; there was a patch on the side of the
lig'it coat ; seen the patch tbal niht :
nobody told me that there was a patch on it:
was near the coat at mire Rauch's : the
big man had no overcoat on at squuv
Ranch's ; the little man had ; could not fay
wlielher it w.11 the light or dark one : they
did it teil me to look at it w'im I was ai
Rauch's ; look- at it at our house Iwca use I
had nothing else to look at ; bad a caudle
and a lamp; the stove door was also open
which made some Iilit ; heard the bin
man talk when be came out of tbe room :
the large man said "are you going up stairs''
and the 'little man" says "it is not worth
while" ; beard the big man talk at Squire
lauch's;I recc-ifinzesl his Voice; when be
was at t'nibergc r's he had a handkerchief
tied over his mouth ; they tied a handker
chief around his mouth at Squire Ranch's:
Klla Stern tied it around ; he talked while il
was around his mouth : they asked him if it
was too tight and he said '"no 'taint" ; posi
tive I recognized tbe voice; could, not le
mistaken ; nobody told rue he.was the man ;
Klla Stearu did not tell me.it was tho man ;
heard the little man talk at grandpa's and
aain at Rauch's; cljiiot kn whether he
ha I a mask or not ; he had a beard ; do Hot
believe the beard was fast to him; if the
beard and hair of the.little man on the night
of the murder was natural he must have
shaved it off before I saw him at Ranch's :
he did not have a beard at R inch's; am
positive it was his voice: do not think I am
mistaken ; talked to lots of peop'e about the
case ; they asked me how the men looked :
told them how tbey looked; Ella toid tiiecn
they had masks on ; but 1 did not say that ;
there was no strangers at the house on I he
day of the murder; there was strangeis
there the week before; did not see two men
come to tbe bouse that day; the pe-d l'.er
Maxom went past the house the evenin ; of
the murder; he was in a wagon, said he
wanted to stop but did not s--e anybody
when he passed ; I did not see him going
past ; K'.la saw him.
Re-direct Know Mr. Ram h ; be ptilVd
the handkerchief out of Dave Nicety's p ick -
et; saw the handkerchief on the niifht of the
murder; saw it again at Ranch's and aii 11
here : did not see it any where else ; Witness
was shown light overcoat and found patch
on it. Was shown dark overciat and t-aid
she identified it by the torn buttonholes ;
also identified the overalls ; the overalls
were worn by Dave Nicely: think it was the
dark overcoat tbatl saw at Riuch's but am
not sure.
Dr. W. F. AValker Am a practicing
physician; practiced since 1S." ; knew
Herman I'uiberger; made examination
of the body and found two bullet holes
one in the rigr-t shoulder and one below
the left shoulder; found this bullet le
t.veen the shirt and body; (exhibits
bullet) the bullet went into the body
between the seventh and eighth ribs;
probed, but conld not find it; I would
consider it a fatal wound ; have no doubt
about the cause of his death ; died from
a bnllet wound ; could not say whether
from a gun or pistol might lie either;
made examination about 2 hours after
the murder ; attended Coroner's inquest ;
was notihed by same txpiire Henry
Raurh ; the bullet between the ribs went
in the direction of the heart. Cross ex
amination Was called to Umberser's
about 9 or 10 o'clock ; notified by Squire
Rauch.
Henry Rauch Was Justice of the
Peace on February last ; the inquest was
held under my direction ; was there when
Dr. Walker made the examination ; saw
the probing. .
Hammer Cauffield On the 27 of Fel
ruary was at school am a school teacher ;
board at Peter Gaiighman's. On the even
ing of 27 of February Mrs. llaughman
heard the bell out on the porch ; called
my attention to it; I then heard the bell
myself; we then conclude,! that there
was something wrong ; Peter Kaughman
and myself started in the direction of
the bell ; went on to Herman Umber
ger's;when we got there found Mrs.
Uniberger, Nellie Steam, E l. Friedline
and several other parties I am unable to
name ; in n 1 ".:
ouite a coiimioti-;
lying on '
V ; h:m across toe
I tracks wiih t!ie
jwere tn.-t then
j measure tiie tracks
i February 27th ; .
on the
no f.irther
that evening :
'iir.t.mj.
in exi-t. n.,
'I not
tracks or stridi
jtit:ge uy my
hut
as iJr3t
eye, they Brr-
did not measure any traits hi.
esl on my e-y?s ; j i !' . fr,
sv
:n- in :;aw mere- r
SS4.Y M". i'illln'-WT
he i! K-r of tht kitihcn; think
be was dead from l.:s j;-tH-.ir.it -. v : slion
ly af'.er iit-ui otit t-i.-cit ae eel d tin.!
any tra. ks; found tracks up l lie P'';
followed the tracks 'J or !i rxls
Dika onlv that evening; mad
in-i'sirv or examination
next lii.iriiinK .:'. t back to I .uLerg.-r's of steps would say they w-,-will,
Mr. Kittle a.. l from 'here Mr. did not measure tra. ks );n. :1, .
Mowry went upon the 1.1:1 w Ui me iron
the pike ;saw tracks of two putu-s leav- j the steps that tiiey were xj
ing pike abo'it 20 to 30 yards fro-n I'm- j Cross-examined Was or.eaf ,;t
bergcr's across the field into tho woods j ties that helped to work np
on the east side of tbe pike; the tracks. not know that there wis , v
were coming toward UmWrger' house ; j offered ; did not say that I
the tracks led from tiio pike into the j anything for it ; suppose I aj,
woods, then back again to the -ike near-1 yer and will Uko anything I
er Vmberger's house; from the tracks j the boots from David Nicely ,A .w
... l-....lJ I .r r ir,-l. in tlia r.m .
would sav lliflt one man wore g-iui ui-ju --. .r. i.
and the other leather boots or shoi s ; -Mr. ,
L'aiberger's house was in view b om point
in the woods to which tho tracks lew;
the front of the ho-.isj facing tho pike;
could see qtiito a distance on tiie pike in
both directions. Tlie witu-.-ss then c.e-
taiied in fuil the tracking of t it- parties
to a point called Burnt Cabin ; the tracks
were distinct and plain : ua I bet a mane
in wet snow and being fr-z-jn during tiie
night left thc-ui very distinct ; tr.u ks on
the east and west si.le of tiie Johnstown
pike were the same; length of steps
were about the same ; did no: measure
the tracks orsteps ; from their length ot
stride would judge that they w.'ie going
at a rate to make a rcanonab e speed ; 1 tracks to llurnt Cabin ; true ks ,i.
followed the trac ks fioci brid.-o over by two men ; one with lea:i,rr
Stream below Jenn 'rto.vn ; the bridge is j shoes, and the other with gum '-
over streitu nearest .T?niiertovni ; it is j tra ks on the uionnlaiu were !.
the first stream cast of Jenneit )-.vn ; we:it the bottom ; Caudield a:vi
1;
e-
lauti county ; got, mem :a in,..
was a shoemaker; had them lo :i.t
where he was working, lie piitti,
on ; he was here at tlie ii-ir;:
Judge Uacr; the bx.ts re
Dave Nicely had them on hrn
over the mountains; the li, 1
marked before he put them .,n. -
Re-direct I marlied the li.ti
Iv's house ; the mark inslii! there- '
Alix-rt 1 (oilman On tiie nij,; t
2Ttii of Febru -ry was at tl.e 1
or post-oihee : w e-nt over h- 1
the next morning after the n,-iri. ?
not look for tra. ks until we
bri.'.e near Jenner; fn
.Mllie
followed the tracka along the stream on
the n rth side.
Cross-examination Cone o.cr to
I'uiberger's early in the evening and
made an examination of the tracks that
night ; examined trM-k-ft r lOrodsahove
the house towards Jcnncrto'.vu ; mi the
mountain about 4 mil. s from Cmbcr
ger's f mnd tracks going wcstaaid; did
not find tracks g"ing west ui til next
moru ng;the cart tra. ks turned off at
elbow of road above licking's.
Dr. Walker recalled II.ie two ..ulle-ts
in my postession ; th y urc bo! 1 centre
fire bu' lets ; tiiere !s a larg.-r cav ii y in one
than the other.
Cross-exatiiination Never discovered
that different eize bullets came in the
same box of cartridges ; they are put up
in regular sues. 1 Toe bullets were then
place.! in charge ol the Ce-uit Stenograph
er for keeping 1
Henry Kiuch j'xamined the bulict
hoic-s in the house ; saw one place where
bullet struck tiie joist and glanced ; two
bullets stuck in the wall between the
bookcase a"d the kitchen d-ir; about
nine feet high from the tl nir; tliry were
alxiuJ live inches apart ; have t le two
bullets ia my possessiou that wer-s taken
out of th wail t;ie next day.
Made draft Eubmilted to Mr. CauMi -1-1
showing Jennertown road and pike from
were along. r j
Cross examination The trait, t tsj
alike; should say it as nji ,
miles from l'.urnt II "Use to t;f ; (
found tracks going m-t 't.U: , ?b
fourths of iiiile from Waiters;;., cj
!tieasiir iut-nt of the tra. ks. -3
Solomon Row man Was at the- f tl
wns nu n: 1 r of the inquest d$
inq.iest was held Iwtween lit
o'clock ; Kerry Rauc'u was th. $t
of the Peace; the docti-r us fy'
Walker; saw him examine tl- f
man : looked for tracks ; went t
I ike from 1'iubergcr's alK.,it liiltr:- si
then went back to the hmw.. St
Detty then come with a lantern ; i ip
went up the hi!! and tracked t 5 :-f
"ruin the pike through the iiei-i: tji
my building; followed the Iran i i'
way throutfh the w(s!s w her' ? i
stojiped lies! do a small, fallen tnv . i
as though they had sat . I a , 4l
a pajier sack there, b'lt nothlns t 4 "
think they had a Iiuh-Ii in it f4i
there was crackers and cht-ese In i f
bag was .greasy w hich makes a- 4r
there was cheese in it : the tnun i-
straight back to the l ite airala cr.t 4-
bergcr's ; the track were
men ; it appeared to me th
were made bv a leather boot
a gum boot ; the tracks w
a. a nr.;
ua.!e - 4-
,a, tM l-
t or s - tf
I'mberger's over tiie mountain to We.it- .pg and enniir.g from rinis-ry
uiorelan l count v. Tiie 111:111 is a correct
representation showing bridge?, ttieams
etc.
Rufus Ranch I examined for tracks
coming to or going from UiuUrgcr's ;
found tracks going to I'm burger's -m the
north side of bridge w-.-st of Pi-kiog'.s at
the bend of the road ; they went through
the field and bottom : there is a i-trea 11
there; thtracks were some'lime? close
to the stream and sometime;! further
away; followed tlu tracks three i laiters
of a mile; this brougiit as to Waiters, they
did not go any furtiier west ; track:) v. ere
4-
. It
Hamilton Smith Live in I.,
know the two prisoners; have
them pretty much all their live
live about three miles from L:
have seen Dave Niceley slur;
la.-t six months. The last '
saw him was the inornin:
lie was arrested ; saw hitn -morning
of the 27th of Fehnu
made by two men, one w tth leather boots ; a.vnv ,m Tnesdav
or shoes and the cither with ruboer biniis ;
the leather hoot track was longer tiian
the rubix-r lioot track ; measured thein at
different places about a doz-.-n tines
Cross-exauiiiied Was going wt-st and
found the tricks co;ni:ig eist fro 11 tlie
mountain to tlie.Ienne-rtow r. pike ; follow
ed the Jennertown pike n uth and found
firs-t tracks at bridge just beyond Jenner
town. Rufus Shaffer Made an examiration
of the trac ks above Mr. I'mbcrgt-r's
w be re they went into the field : saw the
tracks wl.cie they -anie out this fide of
Jenner towards rmberger's ; !- win) on
hoiFt-f-aek; went opto Squire R.inh'i.to
put up my horse ; went from there ::orocss
the bottom End came out on the pike
above Picking's; we lost the tracks at
the Haines Church; could not find the
tracks again until we pit to Walter's,
whic h was about half a mile frori Ihe
church ; followed them up tiie inoti itain
and came down the other side
until we came to l'.nrnt Cabin or
Stone Riidge; then we lost the gnu
liesit trai ks ; the Know w as partly gone:
the one with leather boots e-r i-h-ies
left the pike and went np behind a
lauril bush on the other side of liuriit
Hoti.se; we went further, saw tracks, hut
could not say they were the same track?,
because the fiiow was thin ; saw Ihe
tracks above Waltei's nlsint three;-i tart
John A. Kimmel Live in tt--land
County in Liironier Val!-
two and one-half miles froml.' !
know I'avi-l and Jost t-h Mofl f
was at m v place on the 2"th of 1 -
sawing wood; I asked hiin t--'t
me tlie next day ; said he c--ul.. i
he was going away; said hep t
help nie either Tuesday or U f
bc-e-ause he w:is going away. f Tl
C'.-..-s-examination ('id n -t fx- i
he was going; did not say he 4 t-i
to Pittsburgh to see a d.-tir e
he was ssck ; just said he
1
3
i
1:1
1 a
tween 11 and 12 o'clock ; Seal 1' : j. ,,
w:is w"ith rue; we were in Mr. iy,-
store on the corner of the dir.mc:
Harnett says S.idth it is about ti - cor
to dinner and we started out oft "-
towards home and as soon as
ont on the pavement saw I'ave
comiii'' cat-exvimer acrose the .1
"III. llVUIt Mil', IIIJ .IU .
bad g it the mail, I went hack
for the mail ; saw Dave Nicely .
direction of Stoystown pike; tlu:
pike leading into Smierset en;
was in the neighWhood of II
the mail time isab mt 11 oVl
was on the second soiiare fr
Diauion 1 when 11 him: lie-- :
ing alone ; it is not the way :
when they go home ; they live
west fruu Ligonier; he had una '
Cross-examined. He was nt :
from the (tiamond uastre,-!; b-
get to Carrons that wav by crt-
u - Cu
creek.
Re-direct. AVas w ithin I' or -him
: he had a cap an I an ove--
V-.i
a.-,
T
a h
r-j,
ke
at 5
to
T:,.
era of a mile ; these tracks followed c'oe-
!y are! icgiilar'y until we got over to the ' grarish colors the witness r-
ISiirnt Hcuse; one of the tracks was , identify the cap n-r the overfat
made by a leather Unit or shcx', and the I him, but said it locjke-1 i:ke the
other by a lubber toot ; saw tmrks g. j hibite-d in court :
ing eaot and west, and as near as 1 can j Seal P.urnett. Live in I. 'goEic
tell they were the fame tracks; 1 ave ! Hamilton Smith ; can n.4 say
seen Ihivo Nievly's track since tl; en ; ; ( was with Mr. Smith .-r; the
saw them on the ."th of March; ho h:il j February. Mr. Smith and I
on a pair of leather boots. Witness whs bors all winterand l.-aw him n
shown pair of boots which he ide nti:!.;.! could not say that 1 was with h.
as worn by Nicely on the oth of Marc h. he saw Mr. Xie-ely ; Mr. Cer-t-Saw
the boots on the fe e t of Dave Nie-eiy him if he had not ha-1 a c-'-m
on the 5th of March when we brought with him which was ot-j. cted t-
aii?
pat
of s
icn