VOL,.XXVII. THEY MUST HANG. THK NICELY'#, THE SOMKKHKT MI"H -DKltKll#, RKFISUD A NEW TltiAi.. C!ii*r Justice I'MXton'n Opinion ot the Uinherger Murder Cune— nt of the Low-r Court Atltrined. Uhii f Justice Paxson, in theSiipi .ine Court, Pittsburgh, M'-naay moridog, rendered an opinion affirming the judg ment of the lower court in the appeal of Joseph and D-iviii Nicely. The men were convicted in the Court of Oyer and Terminer of Somerset county of the murder of Herman Umbergcr, an ageil tanner, who was killed on the 27ih of February last while they were trying to roll him of $115,000. Chief Justice Paxsou, in banding down the opinion uftlrming the judgment of the lower court, said : " But few of the specifications of error •In this anpeal require notice. The de fendants below were indicted for homi cide and were convicted of murcer in the first cigree. At tlie trial of the cause the District Attorney appears to have been aided by private counsel, uud the di fendants complain tiiat in many instances things were said bv counsel for the Com monwealth either directly to the jury or In their presence and hearing which were not warranted by the evidence or , which were unfair comments on it. While *t-lie matter has been brought upon f tlie record by exceptions, we have only isolated passages extracted from the re niaiksof counsel and we can but im perfectly judge of their character and propriety." Continuing the Chief Justice says : •' The time has gone by for a convicted murderer to escape upon mere technical ities. The harmless blunder of an inex •periencad jury did the defeadants no in- There was a time in the history of the .English criminal law when great Crimes were left unpunished because of harmless techuical errors. This greater strictness was perhaps due to the fact that at that period the criminal code was especially bloody. Capital punishmeu' was inflicted for very trifling offenses, and it may be the judges sought to ameliorate its rigor by holding the crown to the observance of the merest tecbnical was. George I). Flndley Injured. Mr. George D. Fiudley, proprietor of a large boarding house at Moxliam, who met with a serious accident on Thursday evening, is in a precarious coudition. It appears that Mr. Ftndley was putting up a new porch to his building when the scaffolding broke and lie fell to tbe ground, a distance of twelve feet. Ne bones wore broken, but he was vsry seri ously hart. JOHMSTOWN, CAMBRIA COUNTY. PA.. FRIDAY. NOVEMBER 15, 1889. EtIENSIiUHG .N V) T E>. I R in. ! Muddy roads. ' Gas and oil excitement Tin- Court finished computing t.lu- offi cial vole on Thursday. ! lb niocruiio. roosters are crowing on - very corner. j 'flic (Jatliolic Chueoli at Nicktowu will j hold a fair, c.-oninu-iiciiig N vctiUx-r 2-itli. j Mr. Mar,ia llist, formerly ol Johns | town, lias opened out ii confectionery store in this ;J o-r, on Centre sirt-pr. i The Republican* around ere are j " weeping and gnashing " their teeth. | ton knoivii what. for. i Rumor lias it that Warden Young, one j of Cambria's influential politicians ol Re i publican fame, will be the next citudidiee tor Sheriff. A " little young " but oh ! how " old " Mr. Thomas Davis (Jackson) will soon take his departure foi the West to look after business intciesls there. Mines in Cambria county don't " pan out " ve-y well, this Fail. The i'emtsyivunia Railroad Company will build a railroad up along the Susque hanna river in the mar future. Right ol way having been secured tins week oy the Agent of the Company, ami tne pn.- pc-cls for northern Cambria are " boom ing up." It is not known where the read will terminate. The sad and unexpected uews Of the accident of Mr. Andrew ulosner, of your city, has en used a deep ami sympathetic feeling among his friends lute. Air. Glosser was born and raised in Susque hanna township, and is a sou ol Jacob Glosser, Esq. Air. Closser's home was near I'lativiilb. this county, and during his early boyhood worked.ou his fathei's fat m, until a few years ago he went to Johnstown and secured a position a* sales man in tiie large establishment of 1,. Al. Wolf & Son, which position hq filled with due credit lo himself and employer. His many friends of Northern Cambria sym pathize Witu him, and hope to hear of his speedy recovery. The election in this place passed off nicely, both sides getting in their work on tlie -- speak-easy " plan, while our surrounding precinct, Cumbria town ship, was a scene of what a Republican would call " a general drunk." Tlu-ii notice through their constable to .politi cians outside of their " district not to intrude upon their grounds " had tiie de sired effect and of course t'icy hud everything their own way. Cambria township is known to all our politicians as a Republican district, four to one, but whether the Democratic party in this county can be termed the " Whisky party " now, could easily be an swered by those who had an opportunity of taking a "peep" across the line into Cambria township polling place on last Tuesday. Whiskey will make a Republican .drunk as quick as a Democrat. MR. CHARLES OSWALD'S REMAINS. They Were Brought From Nineveh and Will be Interred in Sandy vale. The remains of Mr. Charles Oswald, a victim of the flood, who with his family lived at No. 311 Railroad street, were brought up from Nineveh Saturday even ing. Air. Oswald's body was the sixtli to be found at that place. Funeral services will be held at Bc. Joseph's Church iu Conemaugh borough, after which the re mains will be interred in Sandyvale. Air. Oswald lost three daughters in tlie flood, aged nineteen, twelve and nine years. Tlie body of the eldest lias been found and is buried in Lower Yoder. It will soon he moved to Sandyvale also. The other bodies have not been found. Mrs. Oswald, it is well known, had a most remarkable and thrilling experience in the flood. She has left of her family three boys and one married daughter. THE " UNKNOWN " IN LOWER CODER. Seventeen ltoilie* Kiiincd Yesterday. But n Identification*. The work of raising the unknown dead from the cemetery in Lower Yoder wis begun Alonday morning. A large crowd of people as usual, were present. Seventeen bodies, about half tlie number iu that part of tlie cemetery, were raised, but none were identified. Alucli incon venience is caused by the water, tlie graves being nearly full in some cases. A pump is used to remove tlie water so that the bodies can be raised. No bodies were taken to Grand View as was intend ed, owing perhaps to the condition of the Cambria bridge. It is expected that all the bodies in tlie English Catholic section of the cemetery will be raised to-day. Those in the German Catholic division will be taken up next. For the Benefit of St. Joseph'* School. A fine " cukoo " clock of unique de sign is on exhibition at Ivost's barber shop on Adam street, ft was bought by Father Alto, and will be chanced off at the Christmas Fair, to he held in the new Catholic school building for the benefit of tlie schools. The quarter hours are announced by the German call a " watchel " and the hours by a cukoo. II is a very fancy time-piece, and will he an elegant and useful ornament for tks person who is lucky enough to draw it. 111 CAUSE OF IT. Why OM>. 1)1,: n, li l>l,l I)lscu>Hr,l by Gov- K.iiiiUpr, f!. ■ Funk r has In en interviewed by ii pup< r from 'lis St-.tc en the cause of l,is ,i, feat, ami spoke us follows : " 1 think my 'ixfeiit. wasdne more than anyth'u els,- lo llie hostility of the liquor iuteii sis. Ido not think tbftt the third term mil ihe other causes combined ou!d have amounted to much, and it is .my opinion that Mr. Ilulstead's publica tion of the forced signatures of Mr. ('unmix II tli-l not. ultimately work tne nay injury, (lis action in retracting the limine ,t he hatred the signatures were forced -va- so manly that it excited admi ration for him. I think the whole matter outside of Cincinnati was 'orirolton and • hs, luu-ly without effect ..pon the voters -f tin- Smte. It certainly was not a good cause to make any Republican vote nrainM in-. Moreover, Mr. Halstcad should not b-- blamed for being imposed upon. Moreover, as 1 have already said, f, too, saw tlie paper and saw it before lie did, and I am frank to say I was quite as much imposed upon as he was. I did not - " the paper as he did, but my not itsiii" it was due to oilier causes than sus picion of its genuineness. '• I do not think it profitable for Repuh I leans lo disecuss in an unkind way the cniees of d, feat. Whatever mistakes mav have la-en made should he remem bered only in so far us they afford lessons for the filiate. While, of course, chag rined by defeat, I have no unkind feeling toward anyone, either inside or outsit!" the Republican party, and I do not .-.-tint anyone who lias seen tit heietofore to call him-elf in any special sense inv friend to entertain any feeling of ill will or to harbor any spirit of revenge toward anyone. Our duty for the future is t. close up the lines and re deem what has been lost. " I ain going out of politics in the way 1 would have been pleased to go out, but I shall be glad when I am out and once more intending to my long neglected pri vate affairs. I hope to be fully occupied with I lie practice of the law, but I shall always be reach- to help the party and my friend*, to whom lam so inucli in debted, in any way that I may be able to in the future." It LADY t-01l WORK. Tlie Manager* of ilie Coneniaugli Valley Hospital AH-ioriHtion Meet Yesterday and Elect Officer*. Tl7e Board of Managers of the Cone maugh Valley Hospital Association met Tuesday afternoon at 3 o'clock, for the purpose of organizing. The following officers were chosen: President, James McMillen ; Secretary, Dr. George W. Wagoner ; Treasurer, Dr. W. 15. Low mail ; Executive Committee, A. J. Haws, Dr. A. N. Wakefield, Dr. John Lowmau. Tlie time for the regular auuuai meeting and election of officers was fixed for the seen ul Tuesday of November. Other regular meetings will he held tlie second fui-sday of each month at 3 p. M. The Executive Committee was instruct ed to make recommendations for the site of a hospital after having viewed the several proposed sites. Upon Dr. Wagoner's stating that the authorities of the Seventh Ward Hospital were anxious to leave and turn that insti tution over to the Association, the Board of Matiagets instructed the Executive- Committee to receive the hospital from the present managers. Dr. George W. Wagoner, Joseph Mor gan, Jr., Dr. 0. Sheridan, Dr. D. W. Evans and A. J. Moxham were appointed to draft rules and regulations for the hos pital. The question of raising funds was con sidered, and Jatnes AicMillen, A. J. Alox liam and Joseph Alirgan, Jr., were ap pointed acommittee for that purpose. Adjournment. POOR LIGHTS AND BAD SIDEWALKS. Two Sertoli* Accident* Itemilt Therefrom. We have repeatedly culled attention to the fact that many of our important streets were without lights at night, and that they were in consequence very dan gerous to nocturnal pedestrians. As might have been expected, there were two accidents last night. It is a wonder there have not been more. Air. John AI. Wilson, of South Fork, while on his way to the depot in Johns town Monday night, fell over a pile of dirt near Aliller's store, on Alarket street, and had his leg broken. He was attended by Drs. Miller and Zimmerman and after ward taken ou Fast Line to his home in South Fork. The other accident was the fulling of a lady into the cellar-way of the old Merchants' Hotel. She was not badly in jured, but it is a wouder she wasn't killed. There is somebody responsible for all this. Matters will be left as they are till the borough, like a city not far distant, is compelled to pay a heavy loss for a life or limb. It is high time for the proper authorities to move or be made move. The next meeting of the National Edu cational Association will be held at St. Pat*, MJnmesoht, July B—ll,8 —11, 1890. UNION It FN KVO LENT ASSOCIATION. Committee* Appointed for the I)lferat Dint riots. At the meeting Tuesday afternoon of the Ladies Branch of the Union Benevo lent Association ot the C'onemaugh Valley the following Committee were appointed, uud resolution adopted: First District. —Firs', Second and Third wants, Joiinsiown, Mrs. Dr. Sheridan, Chairman : Mrs, Dr. Yeiigit-y, Secretary; Mrs. Dr. Miller, Mrs. Kate Blown, Mrs. , Mitrv Brenher. Miss Nannie Fulton. Hero/id District. —Fourth and Seventh wards, and Moxliam, Airs. James Quiun, Secretary; Mrs. John S. Tittle, Chair man ; Miss Ella Leather, Mrs. Well Slick, j Mrs. Malay, Mrs. Akers, Mis. Eutwisic, j Miss Amelia Mveis. Third District. —Fifth and Sixth wards and Griibbtown, Mrs. Mary Parks, Cliair tnan ; Mrs. I)r. Evans, Secretary ; Mrs. Harry S-.vauk, Mrs. M. Brubaker, Mrs. Jacob Ronug. Mrs. D. Lout Iter. FjUrth District.— Conemaugh borough Slid Woodvale, Atrs. John H. Brown, Chairman ; Airs. Emory West, Secretary ; Airs. Karl F. St all I, Airs. Alfred Davis, Mrs. 'lhonias 1 lines. Mrs. Jacob Custer, Airs. Warren Cope; Mrs. W. C. .Lewis, Airs. C. O. Luther, Airs. En.ma McCoy. Fflh JMstrrct.—Ensl Conemaugh ami Frank in. Airs. Samuel Mabbett, Chair man ; M iss AleUuVei'ti, Secu-tary ; Ails. Presly Hutchinson, Airs. James Capstick, Mrs. Shepherd. Mrs. Thomas Arthur. Sixth District. —Mtllville and Prospect, Mrs. John 1). Ueese, Miss Joukius, Secre tary; Aliss Giace Cinthew, Mis. Evan Lewis. Miss Mary Kvan, Aliss Mollie Drew, Airs, I.etoy Elder, Aliss Celia Davis. Seventh Distiict. —Cambria and Browns town, Miss Alnggie McKerncn Chairman • Aliss Mary Howe, Sect', ary Mrs. Jno. McCantl, Airs. Ellen McAleer, Mrs. Lern Arbaugh, Mrs. Win. Goener, Mrs. Geo. Harvey. Airs. Dr. Geo. Porch. Eighth District. —Alorrellville and Coop crsdale. Airs. Buatty Airs. Dnvi . Harris, Atrs.' Tomb, Airs. Marks, Mrs. Stack house. Ri-snlerr. J. C. Duncan, the dentis* Tuesday morning the re mains were raised, placed in a line new casket and taken to Hende.rson's under taking establishment. In e afternoon the body was taken to Grand View and re-Interred. Several beautiful flood de signs were placed ou the casket by the friends of the deceased, who with the bereaved liushaDd accompan ed ttic re mains to the cemetery. Services wen conducted at the grave by Reverends Per shing, of the United Brethren Church, and Miller, of the Presbyterian Church, both of East Conemaugh. Mrs. Duncan was a member of the church ot which the former has charge. Prior to the flood Dr. Duncan lived at No. 279 Maple Avenue, Woodvale. He was married to Miss Wendell, daughter of Mr. Charles Wendell, of Woodvale, about seventeen months before the flood. When the rush of water came they left the house, but got only as far as the Pennsylvania railroad before the torrent was upon them. They, with dozens o others, climbed upon a standing freight train. The heavy cars tossed in the waves like toys. They climbed toward the front of the train where there seemed to be less danger, the husband preceding. A coupling broke just as he had crossed it, and the rear of the train with its load of people, among them Mrs. Duncan, went down the stream. It bad gone but a short distance until it rolled over throwing all the people into the water. None of tlieiii are thought to have escaped. Mrs. Duncan was found near Dr. Low ntau's residence on the Thursday after the fiood, and was buried in Prospect us stated above. WOMEN AND HOUSE-WORK. Home Duties Wholly Compatible Willi Good Intellectual Work. Louisville courier-Journal. House-work, in moderation, i., healthy and pleasant. It is the want of Just such an unemotional vent for tlie restless en ergy that produces many victims of ner vous prostration. It is also wholly com patible, if brought under any proper sys tem, with good intellectual work. More over, the creating and guiding of a home is the best gift tlie world has to offer. When one thinks of the flood of bad art and second-rate literature of the pres ent day, is it not melancholy to reflect upon the wasted energy that might have gone into beautiful and helpful lives? Tlie education is costly, indeed, whose price is the woman's joy in tlie supqriii denee of her home. If she, with ail tin incentives of love and pride, despises ilie daily cares that make the comfort ut the household, how can she expect them to be rightly met by a hired housekeeper, whoso only interest is mo.iev -getting ? "No man can serve two masters;" ami, therefore, it seems to nte self-evident t any woman wfio accepts the gift of home thereby pledges herself to tics •• to it her best service. The ueghit - her first duty and highest privilege not lead to any true work in oliiei rections. l'ussloneil to exalt Tlie artist's Instinct in mo at t he cos: Of puttlnr down the woman's, I forgot No perfect artist Is developed here From an Imperfect woman, sang a true poet uud uuble woman. There are women whose God-given talents require to tread a lonely' path. There are many others to whom the su preme treasure of a home is denied. But the best work of artist or poet or pliysi ciau will ever spring from the hidden, passionate womanliness that appreciates to the full the greatness of the sacrifice or loss. THE LAST WAS HERE. Mr*. Gabriel F. Fleok Find* tlie Body ol Her Boy in Prospect. Among the many patient and persever ing seekers after their dead since tlie work at Grand View and Prospect be gan was Airs. Gabriel F.Fleck, of Alorrell ville. She had seen every body raised in the lormer place, and all but one in tlie latter, but none of them were her son. The last body of the "unknown" in Pros pect was brought up by tlie workmen. That it was not a full-sized body was seen from the size of the coffin. Tiiose who were looking for lost children watched anxiously as the lid was removed. There were many disappointed, but one rejoiced. It was Mrs. Fleck. She had found her son. Samples of clothing which she had with her were identified with that which was found on the body. Airs. Fleck's son was at bis grand mother's, Airs. Leitenberger, 1010 Vine street, when the flood came. Had he been at his home in Alorrellville he would have been saf. A Body Found Near Nineveh. Undertaker Ilenderssa yesterday re ceived word that the lofly of a boy had been found between Conomnugh Furnace and Nincvah. Air. Ilciderson ssnt a coffin and box, and tho body will bo shipped here to-day. JNO 31 THE NICELY'.-.. Only One Hope Left—How Til ;■ i.niih lipw. Tlieir Situation. Ki-v. J. B. Kittgers, of •• Broth row Church, .Somerset, was in tit ■ ritv Tuas (lay, aud was fiuestioneh it. i mi io iba Nicely brothers, of whom n i the spirit ual icivisor. lie had, just ,cienving Somerset, been to see I'leruued men, ami could thirefori . , Know ingly on the subject. Whei lie,. Kittgerw visited the cells he found l Nicely boyi rending their bibles. Whet: i ,ed as to how they felt, they said : • Wy welfi Under the circumstances." ■ lYualctw, cuinstances ? " was ask), them. They sui,l that they had hceil tt 1 n n l .-;g a new trial, but the word In. 1 I.iii .c . frotn tlic Supreme Court, anuou iej- toe contir. mat ion (>f the decision 01 ledge dear, and now only one hope r mine —that of pardon. They are autistic.-! ti.nt the ef fin Is made by their conns- i.avo been as good as any that could h ,v> 1 -ecu made. Joe still protests his innocence, and says that it is ban; enough lor a guilty mail to httug. Dave i.y, 1 lining about his guilt or inncem e, hi sr.y> lliut if he bad bis time to live ugi.':-, i.e would lead u very different life. Since their attempt I*. 1.--H|.C lie twe men l.uve been chitim . in scpimue cella. iliev were very seriously atl'i eted when the clergyman visiton tin :n. They do not seem to l.asv vi ,-y slio - ..opes in tin ir chances of being paid 1. TWO T r..\i . l'muiiiiet Kautuiky Re; n,.U,ius Die Knife ar,l Pistol its"- •!;., i. reef. Col. Wiil'nr • . liloc and CoL Amipiciil ig Republic a® l'"li on Fridaf i .tea ami .A<£ 1"' ! o. ttol and bhoC Q. . ..ijjuiU*' gerous I U I „ A kmf and slabta.,. i uues unit he dropped deau. the struggl# Swope fired a nee. m t.oodioa, hut it niitfid its; i . 1. U.oiilocig culhcti r ul internal i i; . .he Soy* enlh district < f Kttili ;!• v. C a train her of the llepubhtcn > i .1 Com inlttee. Col. Swopi v.: _ < u Ruder of •he Republican parr . u, an# lu.d held various "in u. The lend between Liin to. i.e. Ugat it the last Ittpublicai E OIIV .U,u of lucky about two vi . Dr. I*. J. Wulki . a pn ; : *Jt" l'hysik einn and surgei, -sr. 'Ttrg, Vir ginia, threatened '' litei . .ury Millet a wealthy ciii/i no county, for insulting Alrt. tihor had Walker arrested . ... iur boudf o keep the peuc . i the case cauus up in the .u;. court, and the trouble soon slur' ended in both sides drawing .itier wai killed, Dr. Walker : .uad, and tlrs. Walker, who as a wit tess, was killed. I , . William .filler, sons i i 'i c • .are sht VI dangerou-d ' , uuelßsaT •r and others, v .m. .inkuown, •vera also we. r. ~ •. . ..s are not ■ unable. -TATE T1 "UfU, < Dlfhsim! t , i . oma Htrok <'Hptnii \'~> h ;..te Trcaftf orer. had h -i for ■■ year or ll" , •■" , . hu' . > 1 1 :;d when hi Retire.l o . g. About 0:80 o'elocl I i i In had an other stroke < ' ; ab lit was thai unconscious, at ever regained eoa sciousness till >i - :ii. thick oeeurrofl at 12:15 Satin V ;> r.di: . Captain Hu: t ana of Montgom ery county, Pa . having sen bora there March 15, 1843. He weed under Gen eral Hartranft in the war, and was sub sequently Cashier of the Treasury De partment. TIIK REMAINS OP MR. PATRICK K ANE They Were Brought to Cambria City Yea terday and Buried in Lrnver Yoder. Air. Patrick Kane, an old resident of Cambria City, who lost his wife, two (laughters and one son in the flood on May 31st, died at tho homo of his daugh ter, Mrs. Fitzpatrick, nt Slmrpsburg, Pa,, on Friday last, of paralysis. The remains arrived on Day Express yesterday and were taken from the train at Alorrellville to the house of his brother, Air. George Kane, on Broad street. The funeral took place from St. Columba's Church at 2 o'oloek yesterday afternoon. Interment in Lower Yoder. DONE ON PROSPECT. The Work Tlirro Finishml Yrsterday—TUe Next in Orilcr. The great work at Prospect, as far as tlie removing of the unidentified is con cerned, is ended. There still remain 9 few bodies, which are known. Their friends intend to have them removed sometime later. To-day tho work in the Lowsr Yodei cemetery will begin. There still are greaf crowds of people watching tlie work It the hope of finding some of their lost, Tlio Weather. Indication for to-day are tain, cooler.