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SOMEBODn
It is Herman Umber
ger's Pocketbook,
But the Nicely's Ono and All
Swear tkat it i3 Not tho
Ono Sent by Dava to
His Wife.
I
.1
the
1
WHERE DID IT COME FROM?
An Unsuccessful Alibi.
The Father, Mother, Wives,
Brothers and Sisters of
the Defendants Testify.
Tun Dlff.xse Closes, and the
Commonwealth Opens in
Rebuttal.
THE CASE WILL BE GIVEN TO THE
JURY TOiDAY.
AN EVENING SESSION.
Although when Court adjourned Tues
Jay evening it i.djoiirned to meet at 8
o'clock Wednesday morning, it was a
quarter of eight w lien the bell rang and
the surprised attorneys, witnesses ami
otiiers hastened to the court rocm. The
court liou.su clock must lie out of "ear.
It needs regulating, at least. The Sheriff
and his deputies tuiirched ig with the hook.
prisoners and they took their accustomed i pocketbook exhibited in couit' and saiil
teats at the table with their counsel. The j it was cot Rive's pocketbool?Tj This is
aged father and mother of the prisoners not the pocketbook handed to the of
wcre there, and in a short time Mrs. ! ficers ; they promised to bring it back ;
Joseph and Mrs. I 'avid Nicely, the latter ; said they wanted to show it to William
hanlv to
tli'- collier
;:..' nia th.'
exhibited here
uiio iict here ; i no n.n
i.c .-. url : do ii--t know
:i Men. lav : I saw it i-ne
-. e. :rr..t;: .)::.:
'ir, t.iV ir .le-r.
w ere prcs-
.r.i .Meiiy
. I ;l y ; be had tin
son tli.-v were !'
Mo'. iron ; h-' is a broih-r-soi-b's;
his wife u.vns the
i live on ; he came there on
i 'J on as t
w-ishe-l : know
February 27i
I didn't tell !
me dow n lii
iv to bliv f-,i:s
11!
ill 1 tw of J."
prc.pcrty '.V'
Wediics'.iv.
rl ;
; -mw bi-n
that my bc-baud ha 1
Va!i. v w :lh icorge Nice- t
limber ; I w ould know
Vilii.nal Hotel.) Miulc -x.iuniuiieii ui i g --n.
the laud ut Sii'elv Fhit when we w !!; w
ioins home from the heating before j not l-.u-.-'.v wbr.tK-i
Judge I'..mt ; the day after the hear ing : j p' lii t-book w hich
we examined tiie slump nearest ihe
road ; the pike w ubout forty feet wide
at that point.
Cross-examined I did not measure
the wid(h.iif the pike.
Mrs. Ella Mei:oh. r. re-oailed There
was i jHf-ki'tbook l.af.ded to me by my
husband. (The w itness was shown the
pocketbook an I said it w as not 1 lie one.i i w ere i
I examined the potkttbook when it was
m ,. won tnv LrntheriDjre: lifui.l ''eOrir
r .. i. ..!.' u !.'.. t H tv.et- t.'--.k it -,. not from that ! threw omethina into ti.ef.tov?
L-aes nMiw oc.o.v, .o. . --i - , . , .., ovWt there
iftt 1 t--;.t mv ti.scrir.tiM3 ol tr.o pocnet-; " -
km.-.v d.
i:.:..d.-i.-.vrt
wi.clher it iv.c
even::-!: t 'i is. we,-k at M r. ( '.
J. ho .M.-n.'ihei-, m fit'ier.
Jcor'r Nici iy.ir.d !r. Ti.o::
cot; thiiil: M.e Nicely aii-1
l.o Cot tiliu ! w
: ... 4i.. ..,.... ..4.t ..v.o n,T inursiiav eveniriE
iCauiheld hal LUvid uruier arre.-i; i
Nictlv
Uamnier C.inlheM if I would Mi-n'.ui;
did not teil him the day of ivrr. st that I
didn't know where I:nvil was ff'Ui
tir.t .1. - i Wednesday till Friday ; heard f murder
T!mr,lov weninir : was there wt:en
ribin:
!hev d- l'i ! s
'. !, vl h. r.! of
,,( it : In- sc' !
!ccn ! I .oe! i
; I. ii
.:,-,! t., N'.n ; I
,r when 1
l.-v I i.n..v. !'.
i j.i 1 i .
; oa f.-r.
1 bi-n ,
, - - w '.
morn- '
Ml i t..i
it K'
tiie pocketbook.
Cross-esamined I looked at the pock
etbook when Mr. Menoher handed it to
me, ami also looked at it the next day.
loris.
Ee-direct-
-When the
I were no papers in it ; if there were pa-olTi.-era
took I Prs there w hy didn't they et them ?
Dr. Erubaker Am a practicing pnysi-
SVimer4?t ; have teen jirae-
, t'ha. M.Crak ill !.unr:
: re:i;c:i.i r -7:h of Ft-':iru.ny ; v, ,.s woi X- j
' li; f..f ti.r'.is "'.;:.". r ; rem i.i.Urr Wuei- !
C..'.l 1 1.1..:.;.! .n w'l-i irr-.:: i ; '' l.' ''l
e;oe to w here I wss wir.j'r:.-; C:sr-ii :
and Loii Vaiieer toid n.e t:."t tney Lad
seen a coupie of iAU a ''1 u? ii,e
mountain waik.n fa-.t ; 1 s.aifi them :
w ho tiiev .'.' an ! tliey sa. i ihey l': ' !
the rocket-book, thev p.id that they
T-1- -i i f .1 l.i 1. I -,. 1.1 4. In it I.-. T..T..ni..r tn kIioW til i Clan I ll VB in
1 . . .. -. . !:..:,. "u t-j4N - hue tieen atten.i.ni n.it kn,iw: I re:neiiiier tii'.ti.Ui i.ni.nr
(WitncM whs siiown tl.n ooket-book hnnded to In in an.l
son Menoher.
pocketbook exhibited in court and said ( they would rot urn it by Watson Meno-
it was not the same one.) Had seeu
Dave's iwjcketbook liefure at diflcrent
times ; it had receipts and a few other
papers in it ; that is not the pocketbook
that I gave to the ollicers.
Cross-examined Mr. Kauch and two
other men were there when I handed
the pocketbook to them ; when 1 ave
them the pocketbook did not say that 1
had seen the pocketbook before; never
denied that there was a pix-ketbook in
the house; I was in the kitchen when
they came in ; Mr. Nicely calied me into
the room and said there were some men
there and they wanted to jret Dave's
pocketbook : I went up stairs and got it
and handed it to them
her; I tle-cribed the pocket-book from
my own knowledge.
Ilettie Nicely Was at home on the
27th of February : was at David Nicely 's
a little while in the evening: as near as
can tell it was between ." ami li o'clock ;
Dave's w ife came to our house for milk
and apple butter ; I was milking ; told
her that when I was 1hior.j;h milking 1
would bring: the milk up ; saw Dave ; he
was sitting in the house on a rock injr chair
by the stove: know it was the Wednes
day before he was arrested ; w as at home
when Dave s pocketbook was brought
there ; often saw his pocketbook; was
there when the oilicers came there,
i Witness examined the pocketbook
wiim the licinir
that ' David icelv since moiiui "i .naicu , , out m.in u: re -.
found him suffering from heart disease, j the iVth otlebniary.it n neur aoou.
(The doctor proJuce8 a diairain of the . f.- .', lock when I I,ft i;h the ia:
heart and explains the heart's functions ! last load if timber; the place where I
Ke-dirtet When I handed the look to ' shown in court and said it was not the
them one of them said they w ould take
it to Ligonier to show it to Mr. Thomas
ami would then give it to Watson Men
oher to bring back.
Cross-examination They did not say
that if it turned out to be David s pocket
b.K.k they would return it.
A. A. Nicely, recalled, -I was there
when the pocketbook was handed to the
otlicers; 1 think it was Dave's ixx-ket-
The w itnes-s was here shown the
wilh a six months' old child in her aims,
came in and. took their seats beside their
husbands. Watson Menoher, a brother-in-law
of the prisoners, was the tirst
witness tailed.
WEIIM1AV MllUNINli SKsSloN.
Watson Menoher recalled I ha 1 the
100 in my possesion alx.ut two days.
Cross-examined Showed the pockot
Ixxik to Ceorjic Nicely.
Cieorire Niceiy Live in I.ignnier; on
Tuesday March 5 last, Watson Menoher
and I went to .lennertown ; on the way
over we met Mr. Thomas and some men
this side of the mountain ; was present
w hen Thomas handed the pocket-book
to Mouther ; saw it anin the next morii
inat tiie National Hotel in Litfonier;
the h kct-book exhibited is not the one;
w:is present w hen Lew is Yaneer testified
before Jude ILierat the hearing ; on our
way back went to the plai-e where Ya
neer had been cutting wmsl ; the place
w here he claimed to have seen the Nice
ly boys pass on the pike; two went
down to (he stump and the others stayed
up on the pike ; could only S4 a part
of their bodies ; at the east end of the
ll.it could only see about one-third (if a
man's body ; other places could only see
top of their heads; some places could not
see any part of a man's body ; could not
recognize any one.
Cross-examination Am a second couv
in to the Ni.-ely lsiys ; I saw the pock
etbook handed to Menoher by William
Thomas; I saw it again the next morn
ing at the National Hotel ; there was no
money in it; there were some papers in
it ; some tax receipts; do not know w hat
was in it when it was handed to Meno
her as Idid not fee it at that time ; w ent to
examine the ground mentioned by the
two Yaneers in their testimony ; w hat is
called the Sandy Flats; there were four
or live stumps ; do not know from what
stump it was from which the Yaneers
claim to have seen the Nicely boys pass
along the pike; the track was in the
middle of the road in February ; Mac.
Nicely was along; he is a half -cousin of
mine and a full cousin of the defendants;
also Jas. Earron ; he is a brother-in-law
of the defendant's ; William Thomas and
some others were with me; Mac. Nicely
Thomas to see whether it was the pock
ctbook that Menoher handed over to
him ; said they would ttien give it to
Watson Menoher to brill!; back ; they
did not return it.
Cross examined Did not say they
w anted the pockctb-sik and if they found
it was Dave's they would return it ;w hen
they came there I did not tell them that
there was no pocketbook there,; they
aski'd me if '.here was any money in it.
and I said there was not; said I hail the
money after Menoher came in ; there
was Mr. Kauch, Mr. Camp and another
man ; they all three came back after ten
or fifteen minutos from the time they
left the first time ; Watson Menoher came
back with them ; I had the money in my
pocket ; told thein it was part mine and
part Dave's; cannot say how much I
had ; might have had f 140 to $IoO in mv
own pocketbook ; Watson Menoher han
ded me SCift, and said he had used lfl ; I
have never denied having the money :
when the otlicers came there I denied,
that the money was in the pockctliook.
Ee-direct When the otlicers came
there and asked for tiie ocketbook I
told them that it was in the house, but I
did not know where it was, but could
find it for them ; called Mrs. Nicely, anil
told her that the gentlemen wanted
Dave's pocketbook; she went up stairs,
brought it dow ii, and handed it to one of
the ollicers ; I denied that there was any
money in the pwkctbook; when the
jiocketbook was brought there, there was
no money in it ;that is what I said.
Cross-examined I got the pockctliook
first ; cannot tell w hen I got the money ;
it was some days afterwards ; Mrs. Men
oher told me that Watson brought the
pocketbook ; Watson brought the money.
Ee-dirfH-t The pocketbook was not in
my possession, but the money was.
Sarah Earron Live in Ligonier valley
a quarter of a mile from Anthony Nicely;
am wifcof Joseph Earron; was at home
on the 27th of February ; saw Dave Nice
ly on that day; he came to our hoine be
tween 1 and 2 o'el.x-k ; he was there, I
suppose about 1 hour and then started
for home; did not see him again that
day; did not look as if he was well;
made inquiry as for teams to l.igionier ;
he asked me for some butter ; I told him
that I could not give him any that day,
to the jury.) From this disease his gen
eral health has given away as it always
will: the left wall of his chest has been
very much bulged out by the increased . lie was up further, ab-mt
action of the heart; the heart in health t yards; tliev tut some afiei
is usually the aize.of a person's list ; the I there ; I was wheretimV'r w.i cut ; there j
wall of the chest on the left side is bul-ed j was some cut ab nc tin-re bvlore tii.it j
out to twice the thickness of my hand ; J .lay ; the nearest tii-.it ws cut w.is alM.u! i
when he is in a sitting posture his heart j .") yiinis from the pike as near au I can j
loaded the timber was about . yaros
from the pike ; they wcie there when 1
left; Lull was down with me and Char-
three or f-ur
I lef", above
and I went down to the stump to look
up ; did not have any instrument to uUt tllllt lie ro,lM Ket on Thursday
level; it was fifty-five steps from the 'evening; 1 lix the day as being Viednes-
pike to the nearest stump ; I step pretty
long: there was at least li fty feet of an
elevation from the stump to the pike;
cannot tell what day it was when we
went there ; it was about a month and a
half ago; I have helped to work up the
case; I subpo naed some witnesses; was
over in Eedford county to si.-e a detec
tive; did not g.) along w ith Ezra Nicely
to Mark's house at night for the purpose
of making some investigation ; went with
Watson Menoher on. Wednesday evening
after the Nicelv bovs were arrested.
lay the week before they were arrested;
his wife came for the butu r the next
day ; w as at my father's house w hen the
pocket-book was taken away by the olli
cers. Witness was shown the pocket
book exhibited in court and faid it was
not the same pocket-book that was
handed to the ollicers
Cross examined Live about one-half
mile from laveand further from Joe's;
know it was Thursday night when Dave's
w ife got the butter, because 1 know I
churned on Thnrsdav and I told Dave
Ee-direct I was acquainted with lle coulJ not Ket aRy butter on Wednes
Dave Ni.-ely 's pocketbook before it was May ; was at my father's house when the
handed to Watson Menoher; I have I poekct-book w as handed to the ollicers ;
seen hiui have that pocketbook for the j 'Uo' naJ pocket-books in their pos
last four or live vean. (The witness ! session and I was setting close to them;
identified the paiiers exhibited in Court 1 1 '8 t!ll?re wl,el l,l,y " n as
as beinir the ones that were in the nock- tbere when they left ; Watson Menoher
etbook at the time he examined it at the' back with them after they bad!any ,lay that fuited
pocketbook.) i )ne of the ot'icers said he
would take it to Ligonier to show it to
Win. Thomas t' see if it was the same
one handed to him and would then send
it back by W:.ton Menoher.
Cross-examined Fix the day as be
ing February 27th from the fact that the
boys were arrested the next Monday,
and know that it was prayer meeting
evening; do not think I staved at Dave's
house mere than ten minutes.
Catharine Nicelv Am wife of David
Nicely ; w.is at home on the 27th of Feb
ruary ; my husband was at home
in the forenoon : went, out after
dinin r and as near as I can tell got buck
between ' an I 4 o'clock ; he did not go
out again ; I went to his father's shortly
after he camo home ; I went f ir apple
butter an.l milk ; cv.ute back about ."
o'clock: brought the applebuUer al..ng,
but did not bring the milk : my husband
was at home w ith the children w hen I
got back ; Ilettie Ni;-e'y came after that
with the luiik ; my husband did not go
away from home that evening; fix the
day as being the 27th of February because
I know- it was the day before the arrest
and I know what 1 done every day that
week before Y'e.!i:i sd-.iy ; got the butter
on Thursday evening from Mrs. Earron ;
David was saw ing wood for Mr. Kimmell
on Monday; he was home on Tuesday ;
ho is not a well man, and has not been
ever since I know him ; he was sick on
Monday nijlit ; on Monday I washed,
and ironed some ; on Tuesday I baked ;
on Wednesday afternoon I ironed bal
ance of my clothes ; Monday I washed
ami done up some shirts ami collars; did
not make anv special preparation more
than that : I did it because he was going
to Pittsburgh ; he was sick on Monday
night and was not Weil enough to go ; he
was not very well on Tuesday ; he was
not very well on Wednesday ; did not
get any medicine on Wednesday ; he
went over to Earron's and came back
about three o'clock and w as at home that
evening ; on Thursday evening I went
over to Earron's to get the butter ; my
husband was at bis father's Thursday
morning; he left about sun-up :; he was
not gone very long ; about half an hour,
or maybe more ; my husband wasarrest
ed on the following Mon.lay ; f patched
his overcoat Thursday night ; X know
my husband's pocket-book ; he has had
it ever since I knew Mm; witness was
shown the pocket-book exhibited in
court and said H was not the pot ket-
book ; I was at home the day he was ar
rested : w itness was show n the grayish
colored overcoat, which she identified as
belonging to her husband ; I put
the patches on the overcoat Thurs
day evening after I came back from
Earron's ; he w as arrested on the Monday
following and wore his coat when he
left the house ; at the time of his arrest
it was hanging on the wall in the kitchen
I put the patch on in the front ami one
on the inside on the lining; witness was
shown a number of red handkerchiefs
that had been exhibited in court and
said that she could not tell anything
about the handkerchiefs, and th'tt her
husband had a great many red handker
chiefs, she w as also shown a pair of over
alls exhibited in tha court : he had a air
of overalls that looked like these; they
may be the same ones; at the time of his
arrest they were in the room that he
called the shoe shop ; they were thrown
with the dirty clothes; witness was
show n the cap. and said that her hus
band had not worn that cap for more
than a year think it is h's or ono like it;
the last time he had worn the overalls
was on Monday when he sawed wood;
he took them oil' on Monday evening af
Hr he came home and threw thein into
the dirty clothes.
ICOS'T 111 RN' ANY l'.lt'iiiiS.
Cross-examined I washed on Mon
day ; was not my regular wash day ;
me was mv wash
beats S4 per minute.
What eirift would violent exercise
have upon his heart ? was asked the
witness. In reply he started in to de
scribe several tsts he had made, having
the prisoner run up and dow n stairj, etc.
i Objected to by Mr. Cessna.)
I made a test of his condition ; my ob
ject w as to test his capabilities for phys
ical exertion; his disease has certainly
tell. ;
Cross-examination. - Hauled the ti.n-j
btr out on the pike : ilie last trij. I made j
was about foiirjo'cim k . do not remember
when I made the trip Kf.-Uv that, but j
think it was about four o'clock ; don't ;
remember haw many tiips 1 made thutj
.lay ; am now working fr Wats n and
Foster .Menoher at Lig.-iiier; tiiey .in.- j
brothers.
existed for some length of time ; it would , t.harl). Varneer.rec:i'..e,l. -Km.ov Noah
be impossible to say how long ; from the Mark,.r . m;lv have tl)i.i i, j,., that on li e
appearance of the walls of his chest it j aIernPl 0 the murder I had wen a
lias existeo lor several years ; men wiui i .,.;,,,,, ,,, ,, ,; t. imtain
Were. -Jilt do
heart disease can do ordinary work as
well as other men ; it is running or fast
walking that affects them.
Cross examined. I first saw David
Nicely on 1 1th March ; Dr. Miller, of Lig
onier, called and placed him under my
professional care; ho w.is then in the
jai
coin). e ot men goii
but could not tel! w ho tin
not remember havi.ig any conversation
with him.
Cross examination. If I t ..M hi ii that
I cml.l not recognize thj m m it was
becaiw I di-l in -t ilecm it " r pr.i-
w,:
,e f..a-i- a..
ii...,,:;:..u ,.. -, ,
day ; SMyed a i 1: -: t ,
left .'or I.a:ig:.'.iii-t-.A-:i -;-toj.4M
at ti.e i ;
h-ane ; my w ifc Was w ,
on tiie ixke an-! m - : - ,t
till1 t olil.er w as , ..- . i v, .
mi i sati-fy ley ow :: :.. .. ;
any om' c..u!-i ! r
tl.."- pike; I cm: !.,. ... ,
in olue places ;m 1 , . t
not see her at a'.' : 1 . ! ;
her wai in,' li. : r . i !
the mi-J.l'.e of the ,.'-- I :,
s'.'OI.'l Flat is ; if i- ai' "-i -(
'ross-exa:n:!i; '- I v , :' ;
F'iit about y.ir ! !..:.. :
v;ir:s !etween t,..1 t .
i;ii-ld!it.gsi : she is ,-:..( ..,
stood her rijht oa ;i,i- :: .: ;
he 4 feet w i i" : tii.-r- ar .
trees cut down thero ; it-'.i
4-t tree that Was : . 1 -hetween
.! and 7" - ; s fr
1 stepped rijj'it i...aa : j.
was very steep : r..:;'A n . .
elevation ; berw. ---ii t -
was standing and the -n: i.
there was som i.T,:-', ' -tiiiilr
and br:i.-li ; c...;: !
tiling Up .it til it I'll 1 of ti.e
sf io. 1 in file s.l:tie ji u p a
were waikii ,'; a.u ;i
Mr. uoeer : !.. u-,- ki...
lu 1 fi-eiii.g l.-i 1 .e.-ii k ; : 1
f.nu a lit;!...
i in
:: ai: V t lei-s re,!
t kr. -v
after I was;
' dent to d. so.
!; I am not the regular jail physician: Noah Marks. Live in f.igrmier :
heart disease may come ii;oiia mm wilh j know Charlie Yarneer ; Ii.-. 1 a cjuver a
a great deal of suddenness ; a person timi with him ail -r toe mur tcr of I'.n
eir.xted w ith heart ilisease witnessing or j lierger. in my store ; he told me that he
committing murder would probably be j lnnl been two men ; . u;. the loo int.iin
made worse by tho mental excitement. that night, but con' 1 not tel! w iio to. y
I visited David Nicely two-or three times' Were; I. .u Yaneer sai l uotl.iiu ' n.e.
per week since I took charge of him;i Cross-exaiuin -itiou. It w as before tiie
I was treating hi:n for stoai.i.-li tro'.ible i Nicely boys were arrested,
as well as for heart trouble; I had cau-1 .1. M. Hamilton. Live in L:g ne-r :
tioned the patient as lo his diet. J kn isv f.m Yaneer : he t-. id m - !i .t lie
IL'-direct It is organic heart disease j ttn l,is father were s.; lug a , :i! no the
and not functional that David Nicely is .n.miitain on the d iv o'tho mur ier an 1
suffering from ; at no time that I ever
visited him did I find his heart beat over
SI.
Counsel for defense ask that David
Nicely be allowed to exhibit his naked
chest to the jury. (Objected to and over
ruled ; the prisoner, David Nicely retires
to the library room with Dr. Eru-
uaicer ana returns ana exnioits ins niiKeu i
chest to the jury )
Constables Huston and Scott called,
sworn, and the jury given into tiieir
charge: Judge Eaer cautions the Con
stables about speaking or allowing any
one to speak to any of the jurors and tells
them to be efpec.allv careful that thev
do not get to st a Somerset paper.
Court adjourned till p. m.
AKfEKSOON SESSION.
Court called pronmtly at half-past 1
o'clock ami David Nicely resumed his
seat on the witness stand.
In reply to a question he said that he
had his overcoat on at the hearing at
Squire Eauch's.
Dennis Myers Witness took the stand
with a Urge map in his hand showing
country along the pike from Umbergcr's
to Ligionierand from there to the Nice
ty's home ; showing location of different
roads, etc. ; said he had no personal
know ledge of the country but had made
maps "from at lasses and from what jmt
sons from that section told him; raid
there were no distances marked on the
map.
Commonwealth's counsel objected to
admission of the map and the w itness
was withdrawn for the present.
Aliiert C. Erenhizer Live in Ligonier:
saw Charles .Yaneer the Saturday after
the murder; he told me he and Iiuwere
cutting timber on "San.l fiat" and saw
two men pass up the mountain that day:
said he could only seethe tops of their
heads and could not recognize them from
w here they were, but thought they
MKIKEI) I.IKE TIIK KI'TTKIi Itov.
James Eichardson Live in Ligonier;
know Lou Yaneer; after the report of the
Fmberger murder; I asked him if it was
true that he had seen two men pass up
mountain that day ; he sai.I he had, but
wa9 so far dow n he could only Bee their
heads and shoulders.
Cross-examined Lou was 4 or 5 roils
away when I was talking to his father; I
don't know w here thev had been work
ing the day liefore ; I took no measures
or levels; I didn't goto the stump they
had been surveying the day before to see
if I could recognize anyone on the pike
from there.
saw two men p.i.ss but they were tn-. far
away to tell who they were.
Cross examination. He tol l int this
in the barber shop, on Saturday previous
to the arrest of tiie Nicely boys.
W. M. Mcllvain, Jr., 'n the L'7thof
February met Lewis Eciven and li !.
McCrai kenon this side of l. g .i.i r ; 1
met them with a i-irriage ; saw McCr.ick
en afterwards on the 12;b of SL.rcji ; he
told me that iie an i i'.eei:
on the mountain ; that h.
r met a man
was a di tie i
heavier than myself with sandy h-iir ur.d '
heavy mo'isfiH-he ;:n.l fair coinp ovion; ;
j that neitiier he nor E.-ci.er knew 1 i;n ; ;
that he liad as'ied Ieen.-r if he knew,
the man and that I. said ll...'. le-did
not ; he heard hiui say on ;he day n. the
hearing lii: t he d i not kilo v ti e n an
that he was alx.ut my si.4 w ith light or '
sandy moustache and hair and ii.'l t com-
plexion; heard him say this in Mr.
Coll'roth's otlice. !
Cross-examined Am no relafioii of:
defendants; went down to st e M. -Crack-;
en onthe4th of March: did n.it ot!'-r i
him a drink of whiskey to i-oiae d .wn!
and test if v about passing a man in tiie,
mountain ; simply oil. -red him adink:
and he refused it; Anthony Ni-eiy w- :.t
with me ; was subpoenaed as i witnesi at j
the hearing by tiie N iceiv's, but was not
called ; could not tell whether all tiie
witnesses were at Colf.-oth's o'fi.-e.
Oeorge Nicely, re-called -H-ar-1 him
say at Mr. Coll'roth's oiii.'e on tiieiiay
of the hearing that th man he melon
the mountain was about '.he si . of
Mcllvain, with a heavy tiioiituch-, lie.!.'
or sandy in color, light hair an 1 fair
complexion.
Cross-examined lie did not say I saw
a ma:i but never saw him befo.- and
w hen asked to give a description of i.im
say that he could not answer until he went
to the jail and saw the prisoners ; do not
know that he went to to.' j ii! and i.ioie
back and said that hecoul 1 be of no u-e ;
j do not think he said anything when he
came back,
Win. N. Nicely Testified to the same
conversation as given above by Ooo.
Nicely, ami said, 1 live in Ligoiiiei ; on
my return from the hearing made an ex
amination of the ground at Sand Flat;
Uco. Ni.-ely and I went d .w n the hill and
the other parties with us stood n; on
the roa-1; we told tiv'n to go along t.ie
road; when they were in tiie ini.i l e..f
the road could sveiibout J of their r.!ies ;
when they were at the bottom of ti e
Sand Flat could only see their heads and
l.-irt r,f their shoulders - iiinM n.it rwn .
i ' -
i
I e-v.i:i:lll.ii:..ii -iiusioivn
hear l .-.:;.
sh.M.i 1 h ive seen :iie
an.l I thought tiiat !
s. e if they could I- s.
.1. A. K!(vt..r-I.iv4
wvr.t along to h.-'o s, :.r, i, f.
iiioruiii,' al'ler the I m - r-
sf.utcl I'ri-ii Jer:iier..o:! .. ':
fiie tirst tr. ks w e saw u. i.-.i'
that liaos on n,. o,,.. .;. ..
line's mi!! : they w.-r tiie :",
that I sa.v: ::ib ,y ii : '
there t drink : t!:-:ia- :.- a. -wards
I'lnberu'- r's; fo.tr. :iir
not si-e any until w-; c.i.ne i'
of t.ie ho! ; the tr.u ::.. n :
to the pike again : lie:' we
toward Jeuiier ; lookii..' f.rt-i
see if they had not fi-.-. :. --f i
soin,' plai-e : the first tr i. -ks I j
Henry Eickir.g' : ti,.-y w-
down over the bo't iu ii :
I'ioi.erger's : ri.-uf .;...v:- 1'.
tiie roa l makes a tur-i ; !
at di;r.-rent p .inis: th- g'l'n
ineasore.l in lng:h 1 m. 1
iea'I.er b or sit e w.i- ' 1
width of tiie ba'! of lie- f ;
ai. .ut .; . iuciies ; tiie
2 I v 2i inches : tiie rise '
.,t ti.e i:.-;. -p three-f. url :is
boats hail bo-n worn -could
tell that by the tra. k ;
tieiilar notice of '.he tracks ... .
leather boot or shoe: fi;
revs ..f nails run ar.siii '. ii.e
..I tiie heel; right in tin- . i
were four nails in diaui-u. i
ncss was shown the giro icil :
boots exhibited i ti.e i- .i:
ihe tracks lie hud in.-a-uo- i
have U'en made by th
LfUu. b'M.ts Ii.e! no leati.- rsi.
the ruie w itn me tn.it i
the measurm'-iits : we
Igu l".s coming down fo n I
war ! s.Ieiin"rfow n, but ant:
er thev were the saiiie tr..- k
coming over the lx!!o:u .-r
not say they wen- the s.c.:- :
at tiie Uuib ''.get s i!,-: .;- t
suiifii shop aeros; the u i
h-.iisi-; f..iin 1 an o! 1 ; I
tie-re. iTili.s Ails ..' j--t i
Coiii:n..iiw ailh a- b? .i.g t
Oi.j-etion siistaii'..'d.i I-o-tov.
n and am in Jh'' ('' ''
taking b.i.-inessi on t:.
murder was down at
try man's: g honie !.:'.i 'i
O C.cek t'.at !li iUl . Wviif :
morning to l ol: for t : : 'i i
s and f o'clis k : went t..w..r.i
er's; went on t. the '
ab .ut a mile an i one ii i!i . h
and AllsTt II iv an! M
were in the gir.g wi'.li re: '
oftiie 27th of F. i.r :..iy
foggy; could not teil -:
iii'k h fir not: I .ir.se in i '
C eintryman's ; ti;.'
tii?" boots or shoes w.i- :
Very much the i 1 "
w 1 en I went '
eondit'on '.f the n. '-v ' '
II..'
John iv. Koontz-On Jlondavmorning, i nie anv one : was standing at ti
February 2Slh, I went over the moun-' stump below the road; am pretty weii
tain : stopped at Sand Flat where the . acquainted w ilh lii i rua Is around Liu
two Yaneers were at work ; asked Charley
if he had seen any men go up the moun
tain yesterday ; he said he hadn't ; men
nier valley ; witness was show n a i;n..i
and asked to point out tic various reads
and locations on tiie map
evening would preer ;o
nail track retiming " " : '
tracks; Ibifiis Eau.-h
the other two were ii,. I
attention to my in. a-1'.:'-:'.-fus
and John U.ir.- ..'-'I'.-'
I had made ; tin y were na
middiecf the lite!; lie
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