THE ROPE IN SIGHT.
Herman Merger's Pccket
" look in fouii,
FOUND IN THE HOUSE OF A. A. NICELY.
Identified by a Number
of Witnesses.
THE TELL-TALE MARKS.
TERRY UMBERGER SWEARS THAT
IT IS THE POCKETBOOK OF
HIS MURDERED BROTHER.
CONSTABLE JOHN O. RACCII OX THE
STAND.
When Court commenced Monday
morning the crowd in attendance was
not bo large as last week. During the af
ternoon version the court room was com
fortably filled. Mrs. Joseph Nicely Bat
at the table of the defense between her
husband and brother-in-law. She re
mained there till the close of the after
noon pew-ion. Edward McCracken, of
Westmort land county, was the first wit
ness called.
Edward McCracken Live in Fairfield
township, Westmoreland countyjon 27tn
of February last was going on the like
from Somerset county towards home ;
Lewis Beeiier was with me; struck the
pike at Hain's Church anil went from
there west ; on the other side of Burnt
Cabin met a man and oke to him ; bid
him time of day ; he made no reply ; did
not recognize anyone near the road ;
came here after these men were arrested ;
came here on the 27th of March on sub
poena of Mr. Nicely; went to see the
prisoners; was not acquainted with him ;
David Nicely, as near as I can tell, is the
man.
Cross-examination Mr. Mcll vaine met
os with a carriage between three and
four miles at 1 o'clock on this side of Lig
onirr and took us part of the way home ;
met the man below where we were haul
ing logs from ; met no man in a buggy ;
did not say in Mr. Coflroth'a ollice that
neither me nor Beenei knew who the
man was we passed on the mountain,
but that he was a man about the size of
Win. Mcllvaine, and had a sandy mous
tache. Re-direct Mr. Nicely and Mr. Mcll-
vame talked to me and offered me
some whisk v and asked me about
meeting this man ; I told them that 1
met a man ; that I was not positive as to
w ho he was ; told Mr. Coffrolh in his of
fice that the m in had a dark mastacht
or a kind of sandy one; then I went to
the jail and as soon as I came back told
lain it was the same man ; said this to Mr.
CoOrotn ; his whole family was present ;
I went there to get my pay; Mr. Nicely
paid roe ; was subputned by John Rauch
for this case ; he came to where I was
woikingon the farm a couple of weeks
beforecourt ; met him here the day of
the hearing : saw him once since the
l.earing.
SAW T1IEX OOINO IT THE MOUNTAIN
Cliarles Yaneer Am 52 years old ; live
in Ligonier; know Dave and Joseph
Nicely ; on the 27 of February was work
ing on the west aide of Laurel Hill ; was
sawing timber, was at different distances
from the pike during the day ; went onto
it in the evening; have known Joseph
Nicely for twelve years; known David
Nicely for seven or eight years; saw
them pass np the pike between 4 and
o'clock ; was in the neighborhood of 113
feet from them ; measured it with a sur
veyors chain; my eon Lewis was with
me ; there was nobody else ; they were
coining on the mountain going east ; was
down below the pike sawing logs; I was
en my knees facing the pike; they were
dressed the tame way they usually were
when they ramc to town ; could not tell
what kind of boots they had on; or what
kind of pants; when I saw them about
opposite to me I got up on my feet and
was going to speak to them, but they
hurried away and went up the mountain
ne had on a brown hat and the other a
cap ; my son was about the same distance
way ; the ground I was working on was
little lower down than the pike.
Cross-examination 1 was sawing
a hemlock tree; was down on
my knees facing the pike; my
son Iwis had bis back toward the pike ;
the log was lying np and down the hill ;
could not say whether Lewis was on his
knresornot; 115 feet was the distance
from where I was to 0 or 8 feet in the
pike; that part of the pike is not lower
than theedge; they were going very fast:
should say a good fast walk ; it was not
a steep hill from where I saw them to
the pike; saw them at this end of Sandy
Flat; the Sandy Flat is level ; when I
first saw them they ere about two
thirds across the flat ; think I can recog
nize any body that I know I V) feet away.
lft woik about 6 o'clock and went up
to house al iop of (mountain ; had on
gum boots; Lewis bad on gum boots;
caiue down to work the next morning'
diil not meet anybody ; reinemlier John
Kooiitz coming down when I was at
aotk; think we went np to the moun
tain on Tuesday ; generally go home
over Sunday when we are working up
there; John Koontz came between 11:30
and 12 o'cloc k ; did not ask me if I saw
men going np (he mountain ; told of the
I'mlicrger murder; that was the first I
knew of it; know Alfred C. Breniser, of
Ligonier; do not recollect seeing him in
Sunday aftc; the murder but probably did;
never said to him or anyone else that 1
saw two men passing up the pike, nud
that I could only see a little more than
their hands and they looked like the
Utter boys; know John Asken; remem
ber seeing him Sunday after murder;
told him I saw a couple of parties going
up the mountain ; might have said thai
one favored Hoffman and one favored
John Koontz; know C'tias. C. Menoher;
do not know whether I saw him on the
day Hamilton was arrested and told him
that I saw two men goiug up mountain
between four and five o'clock ; have no
lecollection of talking with him; know
Chas McCracken; he was my driver;
was there that day hauling ont logs ; he
started with a load about four o'clock or
a quarter after ; may have said to him
that I eatjr two men goiug np the mount
ain but did not know who they were;
went across to Jenner the morning after
the murder ; went to Umberger's house ;
saw Adam Friedline; a man by the name
of Horner and Nannie Horner was there
for dinner, Monday ; know Watson Men
oher; saw him that nighl at National
Hotel, Ligonier, after I got back ; I told
him that Lewis and I had just came
from Uinbeiwr's ; did not say that I had
given a description of Joe and Dave
Nicely to the Umberger's ; did not say it
was through me that they were arrested ;
do not know that anything was said in
the presence of John McCracken ; I was
only there for about five minutes.
Re-direct It was about two miles
from county line of Somerset county in
Westmoreland county where I was at
work ; John Koontz came down between
11 and 12 o'clock ; aked if I had teen
any men go down ahead of him ; said I
had seen somebody about half an hour
ahead of him ; he then told me that old
man Umberger had been murdered the
night before and that he must go as he
wanted to catch the man ahead of him
before he got to the gate ; went over to
Umberger's Monday morning; the Nice
ly boys were arrested the afternoon of
that day; they had them at L:gonier
when 1 came back.
SAW THEM OX SANDY FLAT.
Lewis Vancer Live in Ligonier; am
son of the man who jost left the stand;
on the 27th of February was on the west
side of tho mountain sawing timber; it
is just below w hat is called Sandy Flat ;
saw two men going towards Somerset
county; they were walking; was about
3S yards or 1U feet from where they
passed; McCracken had gone with a
load ; nobody was there except my fath
er and myself ; saw two men pass on the
Sandy Flat pntty well to this end ; am
acquainted with the two Nicely boys;
have known them six or eight years
maybe longer; reccgnized the men that
naeaed as Dave and Joe Nicely; have
known them long enough to know them
at that distance, and was close enough to
them to be positive ; Joe had on ahatand
Dave had on a cap when they pasted
us; could not describa the clothing
they had on; saw them from about
the waist up; my fathr was on his knees
facing the pike and I was op my knees
with my back to the pike ; father rose up
and I got up and turned around facing
the pike and saw the men pass; did not
speak to them; don't know whether
they saw ns or not ; (Witness was shown
hat and cap; said he could not say posi
tively that they were the same as those
worn by the two men, but they looked
like them.)
Cross-examination The hill up to the
pike was a little steep ; could ride a horse
np it ; did not ride a hone np it but have
ridden horseback up other hills that
were just as steep; was sawing a heui
iock log ; it was a crosscut saw ; saw the
men at this end of Sandy Flat ; they were
walking very fast up the mountain ; saw
them going along 40 or 500 yards ; they
were 0 or 8 feet from the sideof the pike ;
they were going along the wagon track ;
would call it three-fourth? of a mile from
the Burnt Cabin ; one half mile from the
toll gate ; from the toll gate to Itughlins
town about one and one-half miles; from
Sandy Flat to top of mountain about two
miles ; from top of mountain to Jenner
town would say about four miles;don't
know who all I told that 1 bad seen
two men passing up the mountain ; can
not tell who waa the first nun I told
it was the Nicely boys ; told it before the
hearing before Judge Baer ; did not aay
that 1 reinemter that I first told it on the
day of the hearing; remember John
Koontz coining to the place where we
were working on the mountain the
morning we saw the two men pass'; he
talked to my father; I was not closj
enough to hear what was said ; did not
tell me about the Umberger murder.
Owa examination Know William
Thomas of Ligonier ; didn't say to him
that my father an.l I saw two men going
np the pike, but could not recognize
them as we could only see part of them :
may possibly have said it; know Jack
Hamilton ; Baid to him the day after his
brother was arrested that lather and I
were sawing wood in the mountain and
siw a man go tip that way, but he was
so far away that we. could not we who
he was; Mid it was too tall fur hia broth
er Collins ; know James Richards; may
have told him that my father ami 1
had seen two men pass up the mountain
on that day nnd that we could only see
them from their wait !s up; did not say
that wo could only see their heads ;
know Charles MrCrurkcn ; don't recollect
telling him that wc had well two men
pawing but they wer.! too far to tell w ho
they were; went u; the mountain after
we quit work ; lltey c.t!l it about four
miles from there to Jenner and four and
a-halfor five miles to Umberger's; went
down next morning about GillO or 7
o'clock ; walked down ; lived in Somer
set county seven or right years ego in the
bouse on the top of tho mountain where
wc stayed that night ; my aunt was keep
ing house for us.
Re-direct We used the house on the
mountain as a temporary home while
we were up thcio working; was too
far away from my father when he was
talking to Mr. Kooulzto hear their con
versation. SAW TIIEW GOING HOWS THE SUH NTAIS
Mrs. Mary Walker Live in Jenner
townsltip, two and a half miles west of
Jenne.town ; about CO rods from Haine's
Church ; on the 27th of February was at
home ; about 5 or 0 o'clock in the even
ing saw two men walking down the pike
towards tiie east ; was about three rods
away from them ; they were strangers to
me ; saw them walking four or five rods ;
they were walking close together ; saw
the men afterwards at Mr. Ranch's and
again Uu-t Saturday walking from the
jail to court. (Witness here pointed out
Joe and Due Nicely in the court room
as the two men she had seen passing on
the road ) ; could not say what kind of
clothing they had on; one man was taller
than the other ami had a moustache ; the
tall man was the nearest to me ; wasconi
ingupoutof the cellar; never saw the
two men before ; the house stands about
two rods from the road ; they were riht
above the gate when I saw them at
Squire Ruch's ; I did not recognize them
at first but as soon as they got up and
walked into the other room 1 did ; I saw
them walking egain from the jail to the
court house.
John Friedline Live in Jenner town
ship, three miles from I'mlierger's, about
one fourth of a mile from the pike; was
at home o1 the 27th of February ; live
east of bend in the pike ; saw two men
on that evening pass through the fields
going east ; there was a road from my
house to the pike ; they were on the east
side of the road ;did not see them before;
they got to tha road ; did not look after
them long ; cannot uescrilie the men ;
cannot identify them ; one was taller
than the other ; there were two men ;
they had no overcoats; was about 100
yards from them ; it was between o:30
and C o'clock in the evening
Cross-examination Live three-fourths
of a mile from Mrs. Walter's. (The Com
monwealth here submitted plan of prop
erty between Umberger's anil Westmore
land county, showing roads, streams, etc.,
which was objected to by the defense as
being incorrect but was overruled by the
Court on the ground that the jury would
decide as to its correctness-).
Mm. Susan Ream Live in Jennertown ;
know Joseph Nicely; have known him for
six Years ; I saw him in Jennertown, ging
through toward Johnstown ; t knew him at
the time: could't say whether it was la3t
fall or this winter: my husband's name is
Joseph Ream; we live a mile and a half or
two miles from rmVrjvrs; I remember
the night of I he murder.
"Was yonr husbmd at home that night,"
asked Mr. Cessna.
(Question objected to by defense and ob
jection sustained )
Cross examined Joseph Nicely mine there
In a buggy ; can't tell where the horse and
buggy was put ; think I saw him after the
time he was there ; he was there in August ;'
saw him go through Jenner after August,
but can't tell when ; he was in a buggy the
last time.
Redirect 1 was midlin gciosc to him the
last time I saw him ; can't say when it was,
whether it was in the winter or Dill; Jue
Nicely was in the buggy when it went down
the Johnstown pike; can't say who else was
in the buggy ; I was sitting at the win low and
saw the buggy turn the corner as it went
Jown the pike.
Frank Hciple Was at Herman I'm
lierger's houe on evening of February 157th
last ; two girls came from there and told me
to come over and bring lire arms that Um
berger was murdered ; stayed there all night;
early next morning looked for tracks ; found
tracks of two persons'runuing towards Jen
ner; one track mi le by a man with gum
boots on and ths other leather shoes; Mr.
Horner and I followed the tracks to a point
this side ol Jennertown ; I traced them Ui
the road this fide of my house.
Cross examined It may be a little over a
mile from Umberger's to the road near my
house ; the tracks went on towards Jenner
town ; it is a short half-mile from this road
to Jennertown ; this rood leads back to the
other township roil that leads np past
Picking's and comes out on the pike near
the Haine's school house; I went to Gillian
Friedline's and then three of us Went over
to Umberger's ; there were a good many peo
ple there; I laid the roan out and washed
him ; therj was a flood many people there
from Jennertown ; I saw ''iire Rauuh and
John Ranch there ; I heard the bell ring;
it was just a little after dusk.
Till POCKET-BOOK.
William Thomas On the 5tli of last March
I was in Ligonier and drove a two horse
carriage over to 'Squire Ranch's ; David
Nicely, Rams Shaffer and Hammer Cauftield
were in the carriage with me; pased through
when they were in Divid Nicely and t erc
ah.nc in the r.irriiige; N.cely gave mtf a
Mickel-bok which belaid bad some money
and papers iu and that 1 should take it back
with me and dive it to Watson Menoher;
I put the p m x-t b k i 1 my inside vest
icket;l was at the hearing lit Ranch's;
David Nicely wis Ihrr-; I had the pak-1-
tnjok in my p kel at tiie tini ; S'ia:I wtui i
back wiih me to l.ig mier: on the way back
we met G-jorge Nicely and Watson Menoher
on the mountain ; they were in a bngy and ,
we stopped : I gave the povkei-b k that wa
given me by Dave Nicely to Wjtsm Mono
tier ; I did nut eximine the pocket-book a?
to what was in it.
OWE THE SloSET TO A. A. SIi'tlT.
Watson Menoher I aiu re'.aied to David
Nicely; am married to David aud Jo.;'a sis
ter; know William Thomas: came across
the mountain on the otli of March with
(Jeorge Nicely ; met William Thomas on the
mountain ; he gave me a pgckelliook ; there
was $100 in the pocketbook ; I took it to
Ligonier and put it in the safe ; afterwaid-s
took it up to my fa'her-in law's and gave it
to my wfe; in about two days afterwards I
look the money up and gave it to Mr. A. A.
Nicely; there was one twenty and one ten
dollar bill among the money that I am sure
of; I gave the xjckelbook to Mrs. Menoher ;
her mother and sister were "present when I
gave it to him.
Cross-examined by General Coffrotb Geo.
Nicely was in th buggy when Thomas
handed me the pocketbook ; Thomas said 1
was to take it over and give it to Dave Nice
ty's wife; that there was a little money in
it; I never saw the pocketbook before that
day ; my wife was living at my father in
law s; we hadn't gone to housekeeping yet.
Re-direct I gave the same pocketbook to
my wife that Thomas gave to me ; 1 gaic it
to her at my father-in-law's house, in the
presence of her father and her mother.
CONSTABLE JOI1X O. RAIT11.
The next witness called was Constable
John O. Riuch. who ma Is ths arrests, and
from the time of the murder down to the
present time has been putting for.h every
lxissible effort to de
ll sf.er the examina.ltn was ovtr ; there
. . i : 1 ll',.
nd warmed; then ! no nmvi r-a.i.n i ct sc. n i . ' -
;lrn i,r:l,l I In- I. l.l!i'T' ' t w l- huil . ,
had the oilier l.n.ik. l,i. fs that re pr-1
due si at the. hearing; the h-nrinij had j
closed !h-o I found the i.ndkfrvhf; jnst
Ltughlinstown : fnuHeld nd I got out scare!
nd went inlo the store a
t came o il and S'i ilf.-r went in to warm
t
e,.ls in .! wr ;
in my V"vHit' cr
. 'W
i it oil Sftitr.i in tiiat'
S9 I'ttl'i - - .
the haudkerehi. f," and !" NVely reached j
f.ir it and uttinitrd tog-sb it h k . found j
fi 10 in his iH'kel ; at no-dollar hi I and ten
ll.e I ari.ll.-it hicf has been j
l it w N ili- one 1
... ... I
exhibited to IXa ftrctn and a:ip;e nor ;
ner in the court room ; left the g-av. over- j
coat in the I'WM.iMor' f li-e ."-i.e: i:n the :
.1 . . ... ... I. ..I" l . . K'.llt ll.Ifll til Old
Mr. Nicely s a week or so later to 1 jk fori
the pocket booi ; w:is there when it mnsj
found ; ( PiK-keiisKik wa shown witness and j
he identified it by a numi er .f niaikslhatj
were shown to the jury) : we got tlie sM-kct-book
on March 21t : the sale at t'lnlKTger'r
waa on March 2lh; the hearing t Judge
Judge Raer's was on the h of March ; did i
not notice patch on the overcoat; ti e coal j
was in the same condition hen I ;ve it to j
thesherilfasit is now : it was in the same i
condition hen I ave it l him as when 1
ft it. (Witness exhibited sotn pers!
which were identified by him as being toimd J
in the pocket book taken out of tiie liookrase ;
at Joe Niceley's )
Cross-examination I arrested Joe and
Dave Ni fly on the 4'h of March; helped
work up the caw; think thre is something
like reward i-ft- n. J "or ihe arrest of the
persons and the recovery of any ol" the mon
ey ; did not get any b-idy to help ui work up
fii-e shaptx : m l?ant!i tatr , l .
chief onl of D ire Ni..i , o
.'1st went over in etni .r. 1 , v P""
got a pmket!iok ut Andrew
, Pocketbook shown an 1 i nt!;; . , "'
tiand sl Ut Ki.'.zh and II iirar !. t,ul vo'
;sy which one k pt it r r
Cross - enni ne-l Ps-k-t'.,, .. '
around among us , nrv, r j-a it ,f, , a"'
court. 1
Mart n OV..im.ir- 11. !i.l i,, ,Vif "
V.tlit lilM lo iJM.l V.riyV ft(1. i '""'
boots, overalls, handkerchief an.j W.D:'
there ; then went on to J.w ., , r,. ; J"u
this overcoat ; romdn't swear I ni i
there, but saw it when lla itl, b-
l.at at an Loin in i.igouier !!.at :
Joe Nicely when
Len arrt.-t.d at:d U : ,
Derhy hat on ; I went along i1M1 s
arrested Joe ; he had a hat on, hiit'je .
this is the hat found a 32-eaii!,!. ,A
revolver and some 21 tulihre. rtntrt-,
tridges ; saw this cap at Dave N , I
.rosa-exaiinneii 1 tie nv.iln
V.-rW-
tret thecriminalsand
bring them to justice.
j V hen he wis callot
. " J became forward wiih
two satchels and a!
large bundle in which
were the hat, cap.
overalls, overcoats'
handkerchief, boots.
Ac, that had bts-en
futind on the person
and in the houses of
the prisoners at the
time he arrested them, lie said : I live in
Jennertown ; Henry Rme'i is my father : he
is justice of the peace and I am constable ol
Jennertown borough ; i am 32 vears old ;
I arrested the prisoners in March last at
their ho:u -s in Westra ir-'lan I county :
they live in the Ligonier Vailey. about
two and a half or three miles from the town
of Ligonier; their houses are only a short
distance opart ; Knfus Shaffer, Hammer
Cautlield and Martin O Connor were with
me when I arrested them ; I arrested Dave
Nicely first ; the first thing thafl found that
was identified was a pair of brown overalls ;
Here the witness took the satchels and
bundles and as he spoke of each article
found produced it ; these are the overalls ;
I found them in Dave Nicely 's house; the
second thing I found at Dave Nicely's house
was a pair of leather boots: here they are;
I marked them attbe time ; the next thing 1
found was two red handkerchiefs with white
stmts; here they are; I know they
are the ones I found as I have
had them in my possession ever
since ; the next thing that I g t hold of was
this crav overcoat ; found it in David Nice
ly's house; it is the lighter of the two over
coats; this overcoat is just as it was when I
got it ; David Nicely wore it when we
brought him over the mountain to the bear
ing at Jenner ; it was cold and we put it on
him ; after the hearing 1 brought him to
Somerset; he wore the coat to Somerset
where I took it and gave it into the hands of
the Sheriff; I never'saw it again till I got
it from the Sheriff on Fiiday, the day this
trial was begun; here is a brown cap that
was found at David Nicely's; (Counsel for
defense oi jected to cap being shown as it
was not found by witness. Court sustains
objection )
The witness resumes : Here are some pa
pers I got there that day ; that is all we
found at David Nicely's the day of the ar
rest ; we next went to Joe's house ; I left
Hammer Cauffield handcuffed to Dave when
I went down to Joe's ; old man Nicely went
with me; we went to the house and Joes
wife told us he was down at the blacksmith
shop; ou the way to the simp wj met him
and I placed him under arrest ; we went
back to the house and I kept Joe in one
room while the others searched the house
the first thing found there was this brown
hat ; I found it on Joe's bead when I arrest
ed him ; this pocketbook was found there ;
these 32 centre fire cartridges were found in
Joe's honse; there are nine of them ; they
were found up stairs ; I only searched his
person to find if he bad a revolver or knife:
found none; found these
avm SOOTS
on him when I arrested him ; here are the
pants he had on the day we arrested him;
here is an overcoat that was found there ;
we also found a 32-calibre, rim-fire revolver
at Joe Nicety's ; it was rusty, not in trim for
shooting; here it is.
At this point tipstaves Snyder and Scott
were called and sworn to take charge of the
jury, and court adjourned until 1:30 o'clock
p. m.
AFTERNOOM RBWIOX.
John O. Ranch Went back to Dave Nice
ly's, but did not find anything more ; bro't
i hem over to Ligonier that evening and kept
thetn at National Hotel all night of March
4th, and brought them to Jennertown on
Tuesday ; brought them to my father's
office; found a handkerchief on David Nice
ly ; he had it in his right hip pocket ; made
the cae; sent Shaffer ar. 1 C tnt.it Id toj
Ligonier; toad" thrie searches at Jit Nice-)
ly s house and niaut two s.arrl.i.3 at Davej
Ni ?e!y's house ; there was a man alone, from
Pittsburg by the l ame of G.lkisoii: ulso, aj
Mr. Howard arid Caufiield, Si.aiVr and j
O'Connor helped to make the scutch aodj
m:iKc ll.e arrt-at : cauuicio aim -.'to.,,,
were at Joe's; did not starch the prisoner
carefully ; did not get i -i from nie out ot
the pass book ; did not sic apy money at Jue
Nicely's house: did not rind aiiythin ; more
than I described ; g it the revolve! t i first
time; went back the third lime to look for
money ; looked under the c m crib a id out
buildings; was at Divo Nicely's twite : the
second lime we searched ill ; o rb iiltl u-'s
and stables; ma le a thorough search Out did
not find anything: went into th D inkard
Church, lore ni t!i- tl.sir there and ean iieti
Out did not li:il anything; did not leave
anything there: did not leave a nu.e mere,
don't liiink we had a bottle along at that
time; the church is about one foiirt I mile
from Joe Nicely's and als)ut fifty roils from
Dave Nicely's and about one fourt i mile
from old man Nicely's; went back to old
man Nicely's honse and got the pocke'book :
got it from Mrs. Nicely; it had some receipts
iu it ; tax rei-eipts for JOavid Nicely ; I got it
from Mrs. Nicely and then handed it to
Howard ; after we pot the ockeibook we
left ; Howard did not say that he Weill I
bring Ihe pocketls-ck luu k agair, nor
I did not say I would show it to T loinas
and send it back with Menoher : Ambrose
as not along; Howard wh down in our
county a couple of weeks; traveled with him
over the Ligonier valley up to Somerset and
Johnstown at the time I brought the Nice
ly's over : I had Joe Nicely in the carr ui-i
with me; 1 think Shaffer, Cautlield and
O'Conner were in tiie inrriaj- with Dave;
saw Have at my father's; the gray ovcmls
was at my father's; the dark overuis was
not at the hearing ; kept them the night of
the court at L'gonier ; wen! back to Joe
Nicely's hnu?e that night ; was with them
from 11:05 o'clock that night: think Itifui
went out once with Dave; Joe did rot go
until morning; would ia!l the hat exhibited
in court a brown derby hat ; have had it iu
my possession silica toe d ly of th'. a"ret ;
do not know that a piece was torn out of it
after the time of the arrest ; had it lurked up
in my trunk ; have shown it pretty often
in the last couple days ; never had it down
to the Somerset H jus, : h 1 1 it at Mr- Koos
er's otlice; had the exit in the court-room ;
did no! show it to anybody on Friday night;
did not sltow it to Ella Steam or Nannie
Horner ; did not op the trunk that even
ing at all ; showed the pocket bjok to Mr.
Cessna last week ; could not say what day;
he looked over its pa-s ; was not ut Mr.
Kooser's otlije on F nday night of last week ;
went up there and fouii i his o llice closed ,
did not see L' la S.carn or Nannie Horner
there; never exhiieted the coat to Klla
Steam or Nannie Horner; never kne there
was a patch on it until 1 hsar l Xitiuie Hor
ner say so tin the witness stand ; did not get
iVo from Joe Nicely's pocket book ; the mark
was in the hat woeti I to k il oil of l)j.ve
Nicely's bead ; never pointed out to Nannie
Horner the torn button hies in the over
cjat;letl!ie triuk iu Mr. Ko.iser's i-tlh.e
and carried the key myself; on the U,:i 0f
April got c iniuiission from the court to act
as detective lo work up the cise; di 1 not
claim any reward ; fir workuig up the cae
from the time of the murder until April it;
citizens lolJ ine that they w i ilJ not lot
me suffer; la a reward wnoll'jred in the
paiers ; was at Jennert own the night of the
murder ; went to bed at 8 or s W o'clock:
did not hear the bells ring ; was asleep hen
they called my house an 1 w iljen-.l up ; was
at Grttiith's store in Jennertown.
Cross-examined I-eft Jo Ream in the
store ; went right home and went to lied;
left the store about a q i irter af;er 7 t r a
quarter to S; could not say ex ictly, and
could not say how long it was before I cut
lo sleep.
Rufus S'uiifer re called Found the parties
at their homes; found pair leather boots and
overalls. (Overall shown and su:d toey
looked like the ours ) Saw the cap shown
there, also the handkerchiefs : the boots I
recognized; didn't see any shootin irms :
from David's honse went to Joseph's ; fot.nd
hat of the color of this ; didn't notice sny
niark about it ; next day with Gilbert w-nt
back and found overcoat ; identified it.
(Pants shown aud recognized as the ones he
had on when arrested.) A revolver was
found there, but it wasn't in shooting ord-.'r;
some cartridges was found there; the revol
ver was rim-tire, but cartridges were center-
Re
Jtli
t
i ras
1 ; a ."
:t
Hit J,
"kic'i
.shoot ; no mark ou t be over1
is the coot.
Hammer Cautlield I was i
panics were arrested ; I can iuVf.tj
leatiier hoots and overcoat, handse-
overalls anil overcoat, at least they !,.,
tlitin; didn't find any ii i.jimj
diJutgo to Joes; was at tiie .
U.iugh pulled handken liii f .nit
Nii-ely's pocket. ( Handkerchief !w.
identifkd ) It was folded.
Cross-examined Dai had
gum b ts on, a little
know wo n was u me ttien . wjti
that day at Ligoncer Hotel; he
the water closet and remained t!,r
i 1. t. S ,-j nt t mi la I.jI. .1.1.
..-. ... .. . . , .. u.a 'idfi pu: -
and a coat ; changed gum boots and j, .,
a pair of leather shoes ; because (rm j..
were too warm ; Ranch and '. 'unw ,
along when we put ths uand-c tiffs ia tg
I I - 1 L 1 I "
iiereo::e nour i.i i a nio; 11 v rri
that I toll O IVC I WW (f)d m. ;
make any resitan when he was a. J
Re-lirect It ots were dry. bi: f jU--
ookcsl white.
joseiu .iiiuri.si. l..ve iu LIDli.t-
constalile r eeruary last ; assisted in gy,
ing the houses of David and Joseph j, j.
by authority of s-iareb warrant ; tail li::
lantern; ( which he showed), p. it llie-i- - i
dont't reeolect anything else being ;
at J.ie's. found this Z2 calibre revo,; e
.-tilt loaot d ; it is a rim fire our ; ibe
waa black as though recently fired. l4.gi-,-
fer, one strikes rim, the other mitre g,. .p
ridge ; cartridges were taken out-;. ,
together; three fresh ones put in , liiev s
handed to the stenographer; funj : (
volver up stairs iu Joes stand Jrj. j
wasn't at the house of.Uire KkkH p
handkerchief taken out of Paves p j, :
heard conversation between Dave u,.: 4
learn ; lied bandkercliief aro ind hi- ..
and be ssked if this is the hand Urdu i
she i-aid it us, but that aiiolbtr urn f
around was not. 4
Cross-examinetl Can't say huw im f i
new loadri had been iu revolver; t; t 4
ones had the apiearaiic of lieing tl-aei-long
timt ; found the lantern in a bm -i -at
J.iseph Niceley's; 1 never saw j-i.;
that kinJ of a lantern f-r ti.bing; a i . j-
say that the lantern was covered sit. p -.
when I found it ; have nut b.n r. t -
through the country with J..Ln KaJi ( i
ing to hunt witnesses . ha.1 a se.in h i
when we found the lantern at J i. p -
Revolvers and cartridgss olfensl c t
mittid.) -'s
SAW Tnf.M Bt Y TWO RF.VOLVISI tl
Fv'vester Ferrv Live in Lignnirr fc'l
ship Westmoreland county: knu.'
Nicely ; saw limi have a -entrMitr ft I
lust fall : ran t tell exact date: levifc- i"l
iected to by cji.insel for defendants, .fc"
Ited.) M
Isaw him buy two revolvers fro'B"
ward Iteck in Grccnsburg ia't fall. nln
jeweler : i sn't tell you th
thev were five shots, centr
time of the Greensbiirg fair, on Th.'.'AV
f saw oneof the p!s:o'.a in Ins p.-esj ;
fall wiien I htljied him butcher: : 1
w:cs the one von have there; this is S "
months after the fair. P"
f'Riss exaniintd I gol wiibJ''"
on the road to the fair ; I don't reirn" ' I
what month the fair was held, it i
:he 4lIi of Julv : when he Leigh! the W
u i.. na f.,r himself ami
I his father: he cave him a b 'I ufo:'l
iti. ;.t,. t . wss ,,n hoi that th '( t
! . .. . : i.'.-. tl.. n.mi
ts-iiiic loe, Uliiu - .
orcanridges: he tried to kill a hug
pistol ; he shot three limes but d. ! 1
it lie told me he was the owner ot vJ
toi.
I..l,n SI., -Iron Live in Weslrr.
county ; know defendants : am a br 0 '
law to Joe; on LTth of last KelTim?'
David's house ; got there about 1 0'
the day ; he wasn't at home, my
l'ie property in which l'av live? '
there about two hours : didn t se e
while 1 was there : "
il VI.i.li.l vou iro there for T ;
t. ., j o - ,
. . . . .. .., ,...t.f.n 'A
' oji'ieu lony arins-i ...i -
reduced to writing and jury sent mt
till argument on motion made '
sustained and jury brought bai t to-
Cross examined I was in the kit' "'r
in no other nirt of the boil- that J
Re direct I made no efforts. " ; j"1
quiry to find him ' 7 1
Milton McMillen-I ha.1 the cu- Bys
thicoat;am deputy slieriff: g"t tl 9'
my possession the evening the N'IT'j
bniughl to jiil ; it has lieetiin ray V
since, up until Friday evening wiier porfe
it to Constable R inch; while in Bi(r
M.,n 1 showe-1 it to no one bat St
his family. " j '
THE BtTiBlIVt r-"fe
'. Howanl Camp-Li v r'1: '"I
am connected with the Ihikins iu a- TJe
agency; was at I'mVrger's atun.I-.ri-4
on the of March : that evenins hsn
to Ligonier ;on April Jlst I went to ' pe sj
Anthony Nicely with John Ki'k'j 'Ma
fus Sliaff-r; gi t this pockcth-'' -" f r
Mrs. Nicely brought it down stair-B j,
ha pKltetboit ; I hive hi I it in fe ftn
ision since; it has several ins'k' deatrf
asked for the money from Mr. ':tt-' tn'i
irg ia't tail . nui
;he name of rf'S' (
litre tire; it ijb j 1