Wo -'a Id
doid
SOMKHSET, PA., SUNDAY, JUNE , 1889.
EXIT.
-. -:r the I'miy T II I; i i
, n-.-i.lel w l em-ver the
: .crx. t county demand its
'.V.-.;, the Oil:- i..usr,ess of
..::r .:ilrons the full value
, v, wo arc able to lejart,
, in the field. The sue
ha 1m en phenomenal :
tin- xK-it:.t ion tiiat it
' two to thtoo hundred
wic gralilied w hi'ii the
'-; lan nji against tin' thou.
r.A ama,:ed w hen he Je.
so great th.'.t We Wile
::t more than twenty-seven
-. Its average circulation
: i e tone of j.u". ilu-atiotj es
:ive hundred copies, and
d only through South
wvania lint hnilreds of
to jioinis West of the
- :;. oki-d suives-s is siinjily
ration -f tin' well-known
1 hat U.cie is ill w a b a
....d thing. 1 lint the I'aii.v
: j we think all i ur nad-li-teuded
tirst only to re
"a g r ? i in pal caff s on
.. vv.uty courts, it j;;in.od
f U' nei.i! news. It was
; !! ;-at (! ill t'-:e Slate
. -.1. i l'!he liie;si.i.i" of the
; i! It itihl the t ii ihio hav.c
.1 .!.n..wn. and its Sat- !
i x'.i a -ave the titst nt-wsj
i l.oiu ttie lloodcd ;is-
..f i: e 1'iUs! 'nidi ynd '
. puhiished u-vouiits,
... r 'es based i ll what
to li.n o ha; 'i m d ; ln;t
i ::a was tiie llrst jail-.:!
il.M-ril.ed ti e tloo.i
' - rv ate -i.s ; its interview a
Klui-a', Coll r. i .'i, filler
-i-t'.i'-t .'i:iii.-.h-d witn
.i 1 ,ii ti.ally jia.-.'-c d t hroujh
M'. iuiiH siin e June ln.cn j
- . ..i tii.ee of any other
lii.i.i.!i has iiia.de no
: . ii.Ieiivon .1 to ineul
:.::. lt rcmrterB
t 1 i i -, indcf-tigablc
:. !' i- a';.-it : they gi. there I
d '.hem bcf oie its
i.. .rii.iij. i he am u.'it of
.i- . :i .'i!i:hed is sini'!y
-J ..per !.. n in adj.iin
:. who understand an I
cu!t-.-s tiiat FttrMuixl
a a y l ait-r ill a tow n
'. 'i in n, I'M, the v eekly
' h'-. ii delayed a minute
i. :. t to it Jiatr lis tw iee
mi Hi TV
VtVI B 1 E
OF MURDER IN THE
FIRST DEGRE
Is the Verdict Which the Jury Brought Into Court
Saturday Mornimr.
JOSEPH NICELY AND DAVID NICELY CON
VICTED OF THE KILLING OF
HERMAN UMBERGER.
The Hearts of All Who Heard Them Wrung by the
Agonizing Shrieks of the Wives of the Prisoners-when
the Verdict was Announced.
THE FINDING OF THE JURY MEETS WITH GEN ERAL APPRO 8 ATI ON
Closing Scones of A Justly Famous Case. A Motion for a New Trial.
AN ERRING BROTHER.
Kev. .Amos Sell Pleads Guilty to an Indictment for Adultery.
His "Riverance" Will Spend the Next Six Months in Jail.
'l.irv :jI tin rrile!Ht
.1,- lv tin- ronv It--v
l.r ihe immitT oi uM
-' 11 li-.iik- IM-rx-t
( -rr-r t" ; M t'V 1
1 " 11 kh"U It. till' UU'i I
"i i". :i . i.nv.i t 1 i f
- (,i ,,i,r ( "III.
1 '" -i!i.T-rt : I'ilhtV. j
." .t '-ur r.'.yi-tif oil ii-
I 1 Villus : arms'
i "i" :-;iu'- uy tiit-y arv
: I.'i-I i! ' i "iric .Kilin'
;,.-t ivt p.iiif-rn." ff-.-'
' iiiii-- r nf tl'iit pvti
: - v ':! "I .! hr'L'MiiH-i.t
! t.-rr in:irit'r aM? i
" I ! ;i ,i- i tic 1
i vi V: 'xin-.e j
: w '! i"-r ti.t- jui-jHo ,
i - hurrittl t i
' ; t.iii !i ov tiinjr j
i
i. :; i-iav of I ieoix'e I
; in o- lr."ii .n-runii'iito 1
tna.le the journey
in n ;.. 1 ,.f a--jnlt and
in i'l" by C.iliia-
a -.- l t i j-ay a tin" of
:a:;.ris..n:iient i:i the
w mi Tin: ji i:v. I
Aftnr li.-tenin to the charge of the ;
C.nrt l!ie jury in the I inherirer eax; j
were jiiveil in cliarenr tij slaves Seott :
and linston and wilt totlieir room for
consultation ami ilelilrt'ratioii. A wlitirl
time after reai hin their room a hallot !
whs taken w hirl stood nine in favor of a j
verdiet of murder ill the lirvt decree and ;
three in favor of ae inttal. 1 'urinj; the j
ni(;ht one other oallot was taken whieh
stoo.l eleven iu favor of a verJai.
of guilty iu the lirst decree and olio
fir ai'iii;tal. Just liefore court e-alled a
third hdliol was Uiken, wlih-li lesulle.l
in a unauinious vote for a verdiot of i
L'uiltv of murder ill the tirst decree. The
prisoners were hroiiht into court and j
tiie jury came ill ami handed a iaerti j
the font which read ' We tind j
the defendant!'. Joepi and I 'avid i
Nicely, g i i 1 1 y in manner and fioui j
as they Mati'l luueieu. i;ui er-dir-t
was read hy the clerk to the jury
niientl.e court Mooned him and said :
' ienlleiiieii of the jury your verdict is not
correct.'' The foreman arose and said :
' We did not understand your instruction
w ith repaid to our verdid." The court re
charyed the jury m the jiresence of the
piia iriers as follows: "The jury say they
did not fully understand the charge as to
t;ie f irm of the verdict, and are re
charged as to this request iu the presence
of the prisoners and la-fore recording of
the vvdict which they returned and mat
was in form. "We tind the defendants
Joseph and l'avid Na-ely guilty in manner
and form a they Maul indicted." We
! har.'ed you that if the jury tind that the
crime ot murder was committed they
then must hy their verdict say whether
it heguiily of murder in the lust degree
or murder in the second degree. Tin-y
in 1st if they tind it murder, state the de
jjree iu their finding.
Counsel requested that the pajK-r con
taining finding he filed, and the Court
made tile following order :
Commonwealth
vs.
Josfj.li Nicely
.V Imvi-l Nicely
1' :it his
' "i v .ovil; to
v. r v . at Jitiins-
: -' :! ah tlit- j-ul-
1'ii .it1 Ilia! we
'i t i -jui',.. to publish
"We tind the defend
ants, Joseph Nicely
and lai.l Nicely gnii
tv in iiiauner and
form as th y stand indicted."
"The aliove tinding havim; lieen re
turned, and bef .re recording the Court
sent the jury hack with additional in
structions, l-ecause in-tm "Hon were re
.juested. which instructions have he'n
tiled : the counsel for the defense th-n
demanded that the linding bu tiled : it
is now H'riiiittedto he til.sl. hut not jht-
mitted to be recorded a.s their vennci. ;
I'ki: Ci iiiam. i
To this ruling and the sending back of J
the jury the defendant objected, aial ,
a biil be s.-ale-l, which i now oone. j
W. J. UKII. sKAI..J
The jury then returned to their room, j
and in a few minutes a l' k ltil !
curt andihauded to the clerk a verJu-t, j
which he handed to the Court,
who handed it back to the clerk,
who read "guilty of murder m the
lirst degree" The jury wis then --.nea ;
thenameof each jur..r w.is.alled am. he
answered "guilty of murder iu the f.rst
d.-T.-e" Tiieaoene in the court r-m
when the jury handed in their verdict
was a mnarkaUe one, and one that wil.
jiray
b long reiiieuihered by nil present. For
the tirst time the iron nerves of the Nice
ly boys gave away and a j.er.vj.titde
tremor was notice 1 in their l.ics. Til-i
look of blank auiaz niciil that spread
over the fai-'-s of the coum -1 for the de
fense showed how much of a surjirise the
verdict was to them. Notice was jiroiupt
ly given that a notion for a new trial
would he made, and the fain us Cuib.'i'
ger trial was at a clow for the present.
At the afternoon stession a moti in for a
ue tiial was formally made, for tlie fob
low diijj alleg -.1 reains :
1st. The verdict was against tlm evi
dence. I'd. The Court erred in its charge on
tic js.ints in the case and on the law of
the CUM'.
Ud. The jury did not take time to
jirjjM-rly consider the evid.-ni-e.
4th. T:ie behavior of the audience.
otli. That Mr. Cessna had dwelt im-Irojs-rly
on some of the facts.
tith". Uecanse of facts learned last
evening after the case had been given to
the jury.
The motion was directed to be coin
jileted w ithin ten days from to-day.
The Rtetiograjiher was instructed to
w rito out and tile his notes of testimony
taken during trial.
Tuere was no expression of ojiinion in
the court room at the time of the verdict.
The verdict is considered a righteous one
and meMs w ith very general approval.
It is exjH-cted that the counsel for the
prisoner will make a determined tight
for the lives of the jirisoners and the last
of the case is not yet.
Tliescene.it the Somerset House this
m irning w hen the news of the convict-on
of the Nicely hoy's was received was
one to touch the heart and excite the
.svin jmthy of the most bitter denunciator
of the murderers of Herman Ciiiberger.
The w ives and aged mother of the j.ris
oners have lwen at the hotel all
week. A niess'.-iiger was s-nt to the
court house and as on as the vcriict
was announced sjied back to the hotel.
'o thought of a verdict which would
condem their loved ones to the gallows
had evidently crossed the brains of these
j-oor women, ami their heartroiidingcriea
when they realiz-d the awful truth,
brought the tenra to the eves of more
than one Ftrong man.
In the cas against Rev. Amos Sell,
charged with rae, adultery, fornication
and bastardy, the prosecutrix, Susin Cus
ter, w as iut UHn the stand, and told her
storv. after which the court instructed
the d strict attorney to enter a n-W- ;ri.-
r ; in the raj? case, and the reverend
gentleman then plead guilty to the
charges of adultery, and fornication and
bastardy. The court asked the preacher
what he had to say w hy sentence should
not lie pinned on him. Mr. Sell said in
extenuation '-that he was but human,
a-ai a poor mm, and unable to pay a
large line; that his wife wa-s in b id health
a ad his family sutl'cring." The Court
then sentenced him to piv a fine of f" ,
to j iv to the jirosi-cutrix $i!:t fjr lying-in
exjiensos, to pay the costs of prosecution
and to undergo imprisonment in the
county jail for a period of six months.
THE OLD JAXC.
Xext to the Court-room, tho laee of uiost interest to the hundreds
upon hundreds of visitors who have flocked to ."somerset during the past
week, has been the old jail. Every day crowds of people besiege the
Sheriff for permission to exumine it. The famous Mcflellandtovvn
(Janir" and the Nicely boys have proven strong drawing cards, and were
tho HieriiYto permit it, there would he a full house nut only every day.
but every night. The illustration given below conveys a good idea of
."; m
" V 'if
-eTTTel UHJ-rri-lil. . . H 1 fit- J j..
the interior. winj to tin
lighted, our ,-j ecial arli.-t w
as was to I"' desired. Th
walls during the l'ast tiiree
rrisou iJoard repot ted sever;
foul smellii1.', and tiooiest :n
miserable manner in whicli tin- old prison is
is unable to procure a view as lull of detail
large t: umber of prisoners eonliticd within its
months, has only emphasized what the Stale
1 wars a''o. "that it is the worst, the most
for the purpose in the Slate.
iif the Commonwealth have cause to
and his deputies are unremitting iu
Harry (i. !oe. Prosecuting Attorney,
who lived with his father-indaw, Mr.
James A. bane, on lower end of Locut
strettwas instantly killed by a log that
shot into the house in the upper etory of
the building. At the time of the rescue
of the family his wife and he were found
wedged together in a mass of w recked
mutter, she holding his hand and in -conscious
of his death. Her sister, w ife
of Mr. Karl Ogle, with her little son isa
guest of Mi, and Mrs. Y. W. Itiesecker.
The Pittsburgh Turn in Saturday's pa
per, publishes w hat it calls "a correct list
of the lost in Johnstown." 1 low correct
it is any one who has been there can see
at a glance. I'nder the "A" hea l, it lias
tieorge Akers. city editor of the Trih'tn,;
and one child. The only tieorge Akers
there, is the local of the Tribune, and the
w riter has seen him three times since the
Hood. Vmler the "IT head it has Dr. J.
T. team, lr. S. Y. IScam, Ir. W. C.
Deani, Ir. I.. T. Peam. Only two Doc
tors beams lived there, namely, lr. L. T.
and W. C, both of whom are lost. John
I'.rady is down twice. In the "C" list is
Josejih Cronse, liijuor dealer, whom the
writer talked with several times since
the disaster ; not a member of his family
I s'. Ihivid Creed and family is in three
places. Mrs. Del'rauce is put in twice to
sweil the list, and two imaginary Mrsses
lleFratne's also. In the 'F. ' list the two
missing Fldridge's were multiphe 1 into
six. And thus the long Hst runs to"Y."
A more inaccurate list could not have
j been gotten tij' w ith such an intention in
view.
I When will the iajerH let up in .uh
I lishingso many things about the terrible
Hood thi t have not even the semblaiue
of truth for a foundation. Surely the
truth, naked and unvarnished, is suili
cier.tly horrible, without calling ujion a
lively imagination. We are glad toste
that the "avenger" Coal. b. I 'irk, ex llur
iress, is getting a rest. The sensation
writers have let him alone since he jh.j.
jied over his nineteenth man : and they
have not hanged i in their inind.-l any
"Huns" within the last twenty-four
hours. Shame on these manufacturers
of horrors.
iplod buihiin
ami one which the chri.-tian people
be ashamed of.'' Sh.-rifl' McMil.n
tlieir elViirts looking to the physical ami moral welfare of the unfortunates
committed to their care: but labor as they may. wash, and scrub, and scour,
and clean, and disinfect, they can never make a building that was so badly
planned either a safe, healthy, or proper place in which to keep those that
the law deprives temporarily of their liberty. The necessity that at h ast
there may be some nrrantrenients mnde by w hich the prisoners; of different
sexes are .routined iu different apart incuts is a, crying one, mid one the
failure of which to remedy isa blot on lite fair name of our county.
Wliile not in favor of keeping jirisoners in idle luxury, the IIki:m.i is in
favor of treating them with such rare as will at least insure that they shall
not be injured i:i health. The idea that men were to be sent to prison
iu a vindictive spirit of revenge, is one that held swav onlv in the middle
ages. more enlightened age looks on them us places where men are J
to be reformed and made better. If the commission of a single crime
puts a man in a position where th"ro is no hope for reformation, then it j
re better to "off with his head'- and lid society of him for L'ood and i
.,11 'l-l... ..1,1 1..., I,... 1 o, d ie mul -,,r,-.J. uill. Il. .,,e.l,e.s ofiI'-''s. U"-eIS a-l Trimming- : besiil,
.111. A I IK. .'I. I cii-vii .(,. ..-. , .. , ......
the many grand juries that have condemned it. that it is time that "it
should go."'
Mr. Oi.iV II. Kishi r has tn..ught ot the
I'liblMiers of the Hi kai h all hack numbers
fruni Man h 1 Hli to jiresent date, and can
supply copii-s of all and any dale at o i ts
H.r copy. Mail orders promptly lii'.td.
.S'ii.1 jioslage stamps to Fisher's book Store
for Hkkai ii i hack minils rs.
. .
We are glad to take advantage of the i n
tcrjirise of the Daily IIerm.h in giving an
invitation to strangers, as well iLsouroid pat
rons. to ( all and M-e our iiiiim-nse stin k of
Incidents of the Flood.
The generous act of a Somerset county
man is worthy of record. Mr. Peter Co
huugh'fl store, standing at the lower end
of Morris stre-(, iu Kernville, and on the
bank near where the Johnstown and
Kernville bridge stood, w as the only store
not swept away. Of his stock ofl2,(!(
or iflo.iW worth of general merchandise,
scarcely anything is left. It was not car
ried away by the flood, but generously
given to the destitute.
Something About the Johnstown
Business Houses.
AVhile we hare published as much as
we could about bwnes of families, indi
viduals, dwellings an. I manufactories, we j
have had but little information to give
with reference to particulars pertaining to
certain business features. Our Pittsburg
exchanges, though tilled w ith incidents
touching some of the thousands who
perished, and concerning scores whose
rescue was miraculous, have said scarcely
anything about this matter, except iu a
general way. True, one of them gave
what purported to be a list of stores Ac,
that went with the general wreck, but so
full of mistakes as to give no just eontep
tii n. Anyone can t-ee. in !o iking at the
fabulous amount naiicil as the aggregate
loss8 the utter absurdity of newspaper
indiv'd nil estimates. For instance the
Pennsylvania railroad loss is put at ten
millions. Fight or nine bun lied thousand
wouldbe nearer the truth. Oiuslore whose
building and stock would n t ex eed
seventy thousand is put at one hundred
and severty five thousand; another h i noon. It seems he got onto the road
put at two hundred thousand; whereas j eading to Grand View cemetery, lying
it on! 1 be stocked and rejila- 'd by forty j on tojiof Kernville Hill fjlly a mile from
thousand; another, whoe stock would j town. On Sunday morning at half-past
not have invoiced fifteen hundred, is put j one o'clock, a man w ho w asg)in; a -ross
at ten thousand, and so on to t he end. t,e i,i jj from Cambria City w ith a lantern
Individual losses, that is losses of clerks l,im nitting on a newly made grave.
and emj l yes are equally absurd as those j ali asked liis name and residence. The
little fell.iw told the name of his father
and where their house stood ;and w hen
asked where the fain ly was, said Pa and
Grandma, were left in the house and are
drow ned and Ma and 1 ran up the hill,
and " only ine and my little brother here
in this grave are saved." The little hero
w as taken. to a farm house, jmt to Ik-1 and
returned to the arents Saturday afte -
I n ion. This incident was given to the
w riter by Mr. Donaldson himself, at Som
erset dejMit yesterday. Mr. Donaldson
having been sent up here with some
sjiecial message to Ciji'ain Hamilton, in
charge of the station w ith bis Company.
Lawyer W. H. Pose, w hose fine brick
residence stood a little lielow the Mar
ket House, on Main street, in Johnstow n,
was floated on a roof down to the jwint
near the Pennsylvania Railroad's stone
bridge, and then carried by the current
up Stony Creek, and then over into the
upper part of Kernville.
K.r-Jew-
l-aces. Kmbroidcries. liot, 1. loves,
chiefs. Collars, Cull's, bullous, Corsets,
dry, ,V.c, Ac.
M. M. Tuli'Wki.i. .v Co.
Down to Bed Rock.
Drop in and see how cheap you can buy a
Hanging Lamp, laimj.s of all kinds. Dishes
of all description very cheni". tilass Ware
at a sucrili-je. at the store of
K. IS. Cokfkctii,
tlomerset, l'a.
Murder:!
In murder trials it is most inun.rtant to
know the exact time at which the crime oc-
i rurred. To the unfortunate criminal time
Mr. William Donaldson's residence was I b(. ,if( , aU tile ia n,ev and
on Vine street, in Johnstow n. About 10 money can lie saved by buying tinie-piect-s
o'clock in tiie forenoon of Friday. Owing at Netf A t'asebeer's. who cany a lare as
to the water surrounding the house, hejsortment of the Finest Crades of Walches
sent his w ife and children over to Kein-' ami Clocks. Jewelry and Silverware, Fye
ville. He and his sick mother, not being ; glasses and Sjio-taeles.
nl.le to be removed, remained in the We also do engraving of all kinds
house, and alter floating around for many
hours, were rescued. His wife and chil
dren had to leave the house in Kernville
on the approach of the destructive wave.
One of the children, a boy eight years
old, was scjiarated from the mother, and
was not heard of until Saturday aftei-
ClRlds
purchased from us will lie encraved free of
charre. Niar A Cwao.i.K.
found m the list. One w hose furniture
would not rjach two thousand, is down
in the list at eighty thousand. These are
given as samples.
Whib- the property loss is simjily enor
mous.it is an outrage to run the aggregata
up to .70,oio,oiVi. Fifteen to twenty mil
lions would be nearer the notch.
Ann n the stores well known to Som
erset county jieijile that have been de
stroyed are M. L. Maloy's, W. A. K-isen-steel
it Son's. C. Slmfl's, C. O. Luther's,
(ie .Keifer's,Sank.t Son s, A. Nathan's,
D. C. Puilij-s' A I'.ro.'s, J. 2. A. Denshotf
Charles Grifl'ilh's, Kldriilge & Young's,
Aker s fc P.aumer's, W. Kramer's, M.
Caldwell's, llrinker Ilro.'s. F.xkler t
Iverg.Hd's, I'.lank .V Mien's G. M. Mc
( iray's, John Hyan's and William Mas-
tertou s. Among those partially destroy
ed are Geis, Foster t tuinn's. John
Thomas x Ssau's, Woolf, Son, ii Thomas
and the Company's large store.
Five Brothers.
Fred, John, Iten, Kuliy. ami Nick, now on
trial at the store of
Ke. 1'.. Con Horn.
Ladies, you can tiad all colors of re.i ly
mixed taint, and in any ipiautity you want,
put up in any sized tin cans ; also, all kind
of wood slain-., tube colors, paint brushes,
scrub ami dusting brushes, at J. IS. llolder
baiim's Hardware Store. Somerset P. a.
- - - - -
Bug Finish.
Ready for use. No mixing rr..iind.
Sticks to the vims and tiuishi-s the w hole
crop of Paiato bugs w ith one application,
i Ine s.und wii! go as far as ten siumls of
Paris green and plaster wi.xed by hand.
Sold cheap by
J. Ii. IIoI.IILKLACJI.
Fine Clocks.
Ansotiia Walnut Mantle ( l.s ks with the
latest imjiroved eiL'ht ilay movement in for
c nlv i't.'". at ! co-t than they have ever
lin v-nlil at lK-fore. Also Sth Ttiomas
Clocks of a liner guide at and S.s.oo, at
Hkio: P.hotiikus.
What's the mailer wilh slopjiing in at
Feruer Pros., and buying a j uir of Is-iols or
shoes In-fore puing home. They will sell
tticm tj you cheji-r than auylsnly else.
Kvery Jnstk of the IVaei is required by
law to st a - y of Justice's fee bills in
his ottice. These fee bills can only tie ob
tained in this county, at Fisher's Uook
Store.