The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-06
HUNG BECAUSE HE COULDN'T
PAY THE COSTS.

PAY THE COSTS.
| In Illinois there is a law that a man
condemned to death may appeal to
| the Supreme court if he can pay the
costs involved in an appeal In the
case of the notorious Hoch, who rich
ly deserves hanging if capital pun
| ishment should ever be imposed, he
| desired to appeal his case. The expense
was $1,100 He didn't have that much
money. He was about to be hung not
because of his heinous crimes but be-
cause he couldn't pay the price of an
appeal. At that juncture Governor
Duneen saved the mans neck in or
der to give him an opportunity to try
to raise the money. He was unsuccess-
full and was about to perish on the
scaffold for the lack of a few hundred
dollars when an unknown woman
came to the front and gave the neces-
sary sum which will give the Supreme
Court an opportunity to pass upon the
legal points presented in the Hoch
/ case Suppose this woman hadn't
| furnished the money, the spectacle
would have been presented of a man
executed for the lack of some money!
This recalls a story the late Pulaski
ICowper, Esq, was fond of telling
and no man has lived among us who
could charm his friends with more de-
| lightful "reminiscences and charming
stories. Under the old laws in North
ar1n 0n6 a
man condemned to be hung, the par
don carried with it the condition that
| it should be effective only when the
condemned person paid all the costs
! in the case When the late Jonathan
Worth was Governor the late Colonel
David NJ. Carter applied to him for
pardon for one of his clients who had
been convicted and sentenced to be
| hung in spite of his able defense. Col.
Carter succeeded in convincing the
EGovernor that it was a proper case
for executive clemency. A pardon was
made out bearing the great seal OF
| the State, duly signed by the Chief
Executive, and duly delivered to Col.
Carter who personally undertook to
take it to Hyde county and deliver 1t
| to the authorities. The Governor did
not see Col Carter again for some
months, and when the colonel called
at the capitol this conversation was
| had:
Governor Worth: 81 am glad to
see you, Col. Carter. The condemned
man was glad to get the pardon, was
| he not -
Col. Carter: Eyes, he was glad TO
get it Governor, but it didn't do the
poor fellow any good"
Governor Worth: What do you
mean? The pardon saved him from
execution"
Col. Carter: THAT is no doubt what
you intended it to do, Governor put
it did not save him."
Governor Worth: You do not mean
| to say that the man was hung. after
gave you the pardon?"
Col. Carter: Eyes, Governor, in
making out the pardon, you followed.
the usual rule saying that he was par.
doned on condition that he pay the
costs in the case. Well, my client was
poor man, he couldn't pay the
costs and the sheriff was compelled
to hang him."
| According to Mr.. Cowper this an
Inouncement stunned the Governor
who didn't take it in for few min
utes that Col Carter was working Off
one of his bright jokes upon the Chief
Executive. The end of the story was
that this incident which made the bar
and the public laugh and see the alb
surdity of the law, led to repeal or
the old law, so that the pardon OF a.
Chief Executive is hampered by no
requirements to pay the costs.
The result of this Hoch appeal dis
cussion will be to change the law in
| Illinois and not limit the right OF APP
peal to a man who can pay the costs.