Somerset herald. (Somerset, Pa.) 18??-????, June 09, 1889, Image 1
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.