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The Umberger Tragedy: With a Criminal History of Somerset County, Pa ...
Edward H. Werner
No preview available - 2015
27th of February alibi Ambrose arrest asked Attorney-at-Law buggy Burnt Cabin cell coat committed Commonwealth Constable counsel court Dave Nicely David Nicely dealer defendants door drawer Elder Granger evidence execution Fayette Fayette county Ferner gang groceries guilty of murder handkerchief hearing Herman Umberger homicide indicted Jacob jail Jenner township Jennertown Joe Nicely Joe's John John Cessna John Rauch Joseph and David Joseph Nicely Judge Baer jurors jury Justice killing Koontz Kooser Kyle Ligonier Ligonier township lumber malice aforethought Markleysburg merchandise Messrs Mills Miss Stern mountain Nannie Horner Nicely and David night o'clock offense overcoat pardon party Physician and Surgeon pike Pittsburg pocketbook prisoners proprietor Q.—State Q.—Where Rauch reasonable doubt revolver robbery second degree Shaffer Sheriff Somerfield Somerset county testified testimony Thomas tracks trial turnpike Umberger house Umberger's Vannear verdict Watson Menoher Westmoreland county William witnesses Yoder
Page 69 - A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.
Page 67 - As the power has been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance, we adopt their principles respecting the operation Ex parte: William Wells. and effect of a pardon, and look into their books for the rules prescribing the manner in which it is to be used by the person who would avail himself of it.
Page 84 - What mean ye, that ye use this proverb concerning the land of Israel, saying, The fathers have eaten sour grapes, and the children's teeth are set on edge? As I live, saith the Lord God, ye shall not have occasion any more to use this proverb in Israel. Behold, all souls are mine; as the soul of the father, so also the soul of the son is mine: the soul that sinneth, it shall die.
Page 44 - The statute of this state declares that "all murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder of the second degree...
Page 68 - ... but no pardon shall be granted, nor sentence commuted, except upon the recommendation in writing...
Page 48 - It is not a mere possible doubt ; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 61 - The district attorney is a quasi judicial officer. He represents the commonwealth, and the commonwealth demands no victims. It seeks justice only, — equal and impartial justice,— and It is as much the duty of the district attorney to see that no Innocent man suffers as it is to see that no guilty man escapes.
Page 84 - The soul that sinneth, it shall die. The son shall not bear the iniquity of the father, neither shall the father bear the iniquity of the son : the righteousness of the righteous shall be upon him, and the wickedness of the wicked shall be upon him.