The Birmingham age-herald., 1906-02-24

you have any right to appeal said Judge Landis.
 Any citizen has the right to appeal" said Attorney Maher.
 "In view of the fact that this matter was delayed until within an hour of the execution. don't think so,a replied the court
 The attorneys again urged him to grant the appeal and the court directed them to prepare their record and bring it In. At torney Comerford then started for the Jail which he reached just as the reading was over and the death march com meneed
 He asked that proceedings be further delayed but this was denied by Deputy Sheriff Peters, after his talk with Judge Landis
 Informed That End Is Near.
 Jailer Whitman at once went to Hoch's cell accompanied by six guards.
 Johann, your time has come,' he said.
 Hoch had advanced to meet the party and said calmly:
 "I am ready, MT. whitman
 AS he left the room Whitman noticed that he still wore his collar.
 You will have to take that off" said i Whitman, pointing to the collar
 "All right" replied Hoch. 1 He took 1t off and threw it back into the cell As the death march started he stopped several times to shake hands | with the attendants, saying goodbye. 1 Just at 1:32 o'clock Hoch stepped upon the drop. His face was very pale, but 1 his manner was composed and his eour- | age unsurpassed. The Rev. J, R. Burk- l land, who was recting the prayers for l the dying as the procession approached 1 the scaffod, continued them while Hoeh was being prepared for execution. He had said that he did not care to say any l thing on the seaffold, but while Deputy Sheriff Peters was binding his feet, Hoch spoke to him in low voice.
 Do you want to say something?" asked Deputy Sheriff Peters.
 Yes" said Hoch.
 Hoch Makes Dying Statement.
 The Rev. Burkland was still reeiting the prayer and Jailer Whitman motfoned with his hand to silence him. As soon as the voice of the clergyman had ceas- ed Hoch spoke up in strong clear tones and with a pronounced German accent said:
 Father, forgive them, they know not what they do. l must die an innocent man. Goodbye"
 He bit off the the last two words in a crisp concisive fashion, and just as soon as he had uttered them the drop fell. Dr. McNamara, the county physician, was at Hoeh's side the instant he fell and declared that death had been instan- taneous, the neck having been broken.
 Hochs marvellous physical strength was shown by the fact that his pulse con tinued to beat for ten minutes after Dr. l McNamara had declared his neck broken. While the execution of Hoch was fin l progress, Attorney Maher was still mak- ing desperate efforts to induce Judge Landis to sign an appeal and grant Hoeh supersedeas until his application for a writ of habeas corpus could be tested | by the supreme court. These efforts, how ever, were fruitless.
 My God judge" implored the attor- l ney, the tears springing to his eyes, ''give this man the right to appeal. We want to save his life and at o'clock it will be too late For heavens sake don't leave the building"
 You make it terrible hard for us," said the judge But as I told you I cannot grant an appeal. My oath of of flee demands that I do what I consider right In this last hour before the ex- l ecution l am appealed to, and I do not think I would be complying with my oath if I delayed this execution"
 Has not this man the rights of every other citizen?" demanded Maher.
 Judge Leaves the Building.
 Yes" replied Judge Landis. But say there Is no appeal in such case" And he left the building. Attorney Ma her waited for few moments to gather | some legal authorities and then joined by Attorney Comerford. who had come back from the jail. they set out to find Judge Landis and again asked for a de- lay and an appeal. They followed him to the Great Northern hotel and not find ing him there went to the Union League club. They missed him there and as they turned away from the club house they met newsboy carrying extra edi- tions of the papers announcing that Hoch had been hanged.
 Both attorneys declared that the case 1 would be continued and the appeal made finally to the supreme court of the United States. If 1t is there decided that Hoch at the time of hs execution still possessed the right of appeal. proceedings of a crlm- inal nature, the lawyers declared, will be instituted against all the public officials who had anything to do with the execu- ton, it being their opinion that Hoch was murdered.
 The body of Hoch was given to local undertaken who buried 1t at his own ex- pense.