Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-02-23
and he held himself under marvellous
control
FEDERAL INTERVENTION ASKED.

for execution a petition was filed in
the United States circuit court by
Hoch's attorneys asking federal inter-
ventiou 10 save Hoch, The petition
said that the state authorities we're en-
deayoring to execute Hoch in violation
OF the fourteenth amendment Of the
Constitution and without due process
of law. After iiling the petition the
attorneys left the federal building i'm
mediately intending, II was said, to go
to the criminal court building TO try
TO get stay OF execution pending ac-
ton by the federal courts,
AS result Of the legal compiica-
lions Jailer Whitman announced that
the execution would be delayed until
application for a writ of habeas cor
pus could be passed upon by some
judge In the federal court.
EXECUTION DELAYED.
After consultation with States
Atty Healy. the Jail officials decided to
delay the execution II necessary until
2 p, M, the last hour named In the
court sentence providing for the hang
ing The section OF the fourteenth
amendment, on which Hoch's latest Pc
tition was based is as follows;
No state shall make on 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 It's jurisdiction the equal
projections of the laws"
POINTS RAISED.
Briefly the points raised in Hoch's Pc
titlon TO the federal court were.
That the judgment OF the state court
was VOID because given by a court not
of competent Jurisdiction.
That the sentence was in violation of
the fourteenth amendment In that EN-
ellie Fischer Hoch wife OF the defend
ant, testified.
That Hoch was compelled and did
give evidence against himself
That he was arrested IN New York
ana eXtradited on charge of bigamy
and was forthwith charged with MUIR
der.
Before Federal Judge Kenesaw NJ
Lands, Hoch's attorneys contended
that a writ Of habeas corpus should
Issue forthwith If the court found that
the petition was presented In proper
form.
Judge Lands suggested that 1t was
also requisite that probable cause for
the writ be shown.
PETITION DENIED.
After brief consideration, Judge Lam
dis said:
1.-The petition is denied. The proper
remedy for counsel was a writ OF error
from the decision Of the state supreme
court to the United States supreme
court. The counsel failed to take ad-
vantage of that move. The writ is ia
tally defective and cannot 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 viii enable you to have
this case reviewed by the supreme
court In the absence OF your client.
! Will not now complicate matters by
further delay. II would be much
easre for me to grant this man 10
days time In which to have this case
reviewed by the United States supreme
court, but respect for orderly procedure
compels me to do what / have done.
That Is my order"
And the court threw the petition to
one side.
PREPARING FOR EXECUTION.
Preparations for the hanging were
Immediately begun, following Judge
Lands refusal TO issue a writ Of ha-
beas corpus but Hoch's attorneys stre1-
uously continued efforts to secure fur
ther delay.
While the death march was starting
In the Jail, the attorneys were Just
leaving the federal building to get
Hochs signature TO an appeal bond.
After Judge lands had apparently
closed the case, Hoch's attorneys
hastily prepared an appeal bond and
again advanced to the court and re-
newed the demand for an appeal,
Under thS circumstances | do not
think you have any right to appeal"
said the court.
amy citizen has the right to APP
peal" said Atty. Edward Maher.
"In view of the fact that this mat
ter was delayed until within an hour
of the execution, I don't think so,'
replied the court.
'orhereupon, three attorneys repre-
sentlug Hoch all began to talk at
once.
well" said the court, prepare
your record and bring IT in; I VIII be
here all day.
The attorneys hurried IN a cab 10
the criminal court building to get
Hoch's signature to the bond just as
word came that the lcath march had
begun.
The attorneys arrived at the jail with
the appeal bond just in time again
TO temporarily stop the preparations
for the execution.
There was a hasty conference OF jail
officials and then Assistant Sheriff
Peters consulted by telephone with
Judge Lands.
JUDGE REFUSES TO ACT.
Judge lands said
81 have refused TO do anything in
the Hoch matter. You need not delay
the execution on my account
Judge lands. after talking with
Asst. Sheriff Peters, started to leave the
federal building.
Atty. Maher with tears In his eyes.
begged Judge lands to stay in the
building until the appeal was perfect
ed Meanwhile States Atty Healy adj
vlsed Sheriff Peters TO give Hoch's at
torneys 10 minutes TO perfect the appeal
before the death marcl~ahould begin.
HlNlOh VI JNiiNNN ilpNh 'FN''1'
Hoch. Is believed TO have come orig
lnally from Norrweiar, q small town
In Germany not far from Blngen-on-
the Rhine. His father, Jacob Schmitt,
is said to still reside there A wife,
supposed TO be the first wife OF Hoch,
Is also living In the same place.
HIS FIRST WIFE.
Hoch has always been reticent re-
earding his career IN this country, and
his first wife married in the United
states Is believed to have been Mrs.
Martha Schumacher, 10 whom he was
married In 1895 After living with
Hoch for four months she died, the
cause OF death being given as he
phrilis.
MARY RANKIN.