The Wahpeton times. [volume] (Wahpeton, Richland County, Dakota [N.D.]) 1879-1919, 1905-08-03

but also a problem Of deep in
terest. In commenting on this
feature of the case the Atlanta
Constitution says:
According to the dispatches
from Chicago, the reprieve
which is necessary to permit
the case going on appeal to the
supreme court, was sec ured
only through the tender of an
unknown woman of $500. Hoch
was to have hanged Yesterday,
and up to the last minute it
seemed that he would be exc
cuted solely because of the lack
of enough money to carry his
case to the supreme court.
The minimum cost of this
proceeding is $1,1OO. This does
not include a lawyers fee.
Some idea of the magnitude of
the costs is gathered from the
announcement that "out of
sympathy for poor Hoch's
financial dilemma the court re.
porter has reduced the price of
making the transcript to $eOO." "
Without any reference to
Hoch's guilt or innocence of
the crime of which he stands
legally convicted-it is a fair
enough presumption that he is
guilty and merits death on the
scaffold-his present dilemma
affords a pathetic commentary
on the helplessness of the
moneyless man in the tolls of
the law. A great moral prin-
ciple lies here-one that has, to
the lay mind at least, ever dis
credited the law, as a vehicle
of justice.
Here is an alleged murderer,
convicted in the first court of
cognizance, who has open to
him, under the criminal juris-
prudence of the state of Illinois,
the right of appeal. An ap.
peal, with all the technical pos
sibilities of judicial procedure,
might mean several things bet
ter than the death penalty. APP.
peals frequently reverse pre-
vious findings and result in
condemned men going scot free
or receiving mitigated sentence.
Since there are 80 many slips
between the judicial cup and
lip, the right of appeal should
be regarded as sacred. If
statutory ground for appeal ex-
lists, appeal should be more
than a privilege of the con-
demned. 1t should be incum~
bent upon the state to reopen
the case. But condemned men
who cannot pay official fees
and assume pecuniary respon-
sibility for the orderly unreel-
ing of judicial red-tape must
hang for the lack of lucre. The
governor, in the mercy of his
heart. may give the unfortunate
man a reprieve to enable him
to try to raise the money, az
Governor Deneen has done in
this Hoch case, but if the
money is not forthcoming, the
fellow must hang with the
privilege of appeal unenjoyed.
This, at least, seems to be
Hoch's predicament. One of
the constables of the court that
has the condemned man in it's
custody, w. J. Luddy, wrote
Governor Deheen pleading for
q further stay of execution in
the hope that Hoch will "raise
the price" Among other things
this soft-hearted constable says:
If Johann aoch is executed
at the present time it will be
not because of the crime he 10
condemned for, but because he
is too poor to buy his chance of
life by paying 81, 100.
Has it come to this in a land
where all were once supposed
to have equal rights before the
law. He, with money may pur-
chase life, while the poor un-
fortunate, unable to raise the
necessary price to pay fer ex-
istence, must die an ignomini-
Gus death on the gallows, and
without your further interfer-
ing as father of the people of
our state, this 10 the exact
state of affairs.
This is not an edifying com.
mentary on law and justice, it
must be confessed. There
should be absolutely no power
of pelf where the goddess with
the bandaged eyes holds the
scales. Justice should be ,as
free 60 the gospel 10 proverbial-
y held to be: and If the privi-
fe0e of anneal n omen tn the