The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-23
JOHN HOCH HANGS.
Confined rom Page ID


Continued from Page II
me. When the minute comes, III go
like brave man. What's more, III go
like an innocent man. I never commit
ted the crime and I am not afraid to
Despite his brave words it was evil
dent that Hoch was under a severe
strain He appeared nervous but his
strong viii stood him IN good stead,
and he held himself under marvellous
control
After a consultation with States At
torney Healy, the jail officials decided
to delay the execution if necessary url-
til 2 p. m, the last hour named in the
court sentence providing for the hang
ing The section Of the fourteenth
amendmenteon which Hoch's latest petit
ton was based is as follows:
NO state shall make or enforce any
law which shall abridge the privileges
or immunities of citizens of the United
States; nor. shall any state deprive any
person of life, liberty or property WITH
out due process Of law, nor deny any
person within its jurisdiction the equal
protection of the law"
Ground of Petition.
Briefly the points raised in Hoch's
petition to the federal court We're:
That the judgment of the state court
was void because given by a court not
of competent jurisdiction.
That the sentence was in violation
OIL the fourteenth amendment Al EAAell
Emile Fischer HOchs wife of the de-
fendant testified.
That Hoch was compelled and did
give evidence against himself.
That he was arrested in New YORK
and extradited on a charge of bigamy
and was forthwith charged with muir
der.
Before Federal Judge Kenesaw NJ.
Lands. Hoch's attorneys contended
that writ of habeas corpus should
issue forthwith If the court found that
the petition was presented in proper
form.
Judge Lands suggested that it was
also requisite that probable cause for
the writ be shown.
After a brief consideration Judge
Lands said:
The petition is denied. The proper
remedy for counsel for a writ of error
from the decision Of the state supreme
court is to the United States supreme
court. The counsel failed to take ad-
vantage of that move. The writ IS
fatally defective and can not be made
good
Hoch's attorneys asked an appeal
from Judge Lands decision. Judge
Lands replied:
Later in the day I will enter such
an order as will enable you to have this
case reviewed by the supreme court IN
the absence of your client 1 will not
now complicate matters by furth er de-
lay 1t would be much easier for me
to grant THIS man ten DAYS l4Ai4C III
which to have this case reviewed by the
United States supreme court, but re
spect for orderly procedure compels
me to do what 1 have done. Ihat IS
my order
one side.
Lawyers Wouldn't Give Up.
Preparatfons for the hanging were
immediately begun following Judge
Lands refusal to a writ of habeas
corpus but Hoch's attorneys strenuous
" continued efforts to secure further
delav. While the death march was
starting in the jail. the attorneys were
lust leaving the federal building to get
Hoch's signature to an appeal bond.
After Judge Lands had apparently
closed the case, Hoeh's attorneys
hastily prepared an. appeal bond and
Immediately advanced. to the court
and renewed the demand for an ap-
peal.
'Under the circumstances, I don't
think you have any right to appeal
said the court
Amy citizen has the right to ap-
peal" said Attorney Edward Maher.
I'm view of the fact that this matter
was delayed until within one hour of
the execution, don't think so, re-
Thereupon three attorneys repre-
sonting Hoeh all began to talk at
"wen,'F said the court, prepare
your record and bring it in. 1 will be
here all day"
The attorneys hurried in a cab to
the criminal court building to get
Hoch's signature to the bond. just as
word came that the death march had
begun.
The attorneys arrived at the Jail
with the appeal bond just in time
again to temporarily stop the prepa-
ratiOns for the execution.
There was a hasty conference OF
jail officials. and then Assistant Sher-
if Peters communicated by telephone
with the judge. Judge Lands said.
81 have refused to do anything in
the Hoch matter. You need not de-
lay the execution on my account"
History of Johann HOch Case.
Hoch is believed to have come orig
inally, from Horrweiler, a small town
/ in Germany. rot fac frO4r Bingen-on-
the-Rhine. His father Jacob Schmftt,
/ is said to still reside there. A wife,
supposed to be the first wife of Hoch
! is also living at the same place.
I HOch has always been reticent re-
fgarding his career in this country and
/ his first wife, married in the United
States is believed to have been Mrs
married IN 1895. After living with
/ HOch for four months she died the
4 cause of death being given as nephritis
/ In November, 1895. he married Mary
t Rankin in this city, and left her the
day after the wedding because she re-
fused to give him money. In April,
1896, Hoch married Martha Hertzfeld
and left her in four months after OBJ
tanning from her $500. His next wife
/ is said to have been Mary Hoch of
j Wheeling, w Va. She died Of
lnephritis after three months Hoch
has always denied this marriage, and
declared that he merely assumed the
woman's name.
In the fall of 1896 Hoch married
Clara Bartell, of Cincinnati. and she
died within three months of the mar
riage. In January, 1897. he was mar
ried to Julia Dose in Hamilton o.
and abandoned her after obtaining
$500.
In April. 1898. Hoch was arrested in