The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-02-24
Writ Fatally Defective.


After brief consideration of the petition,
Judge Lands said;
The petition Is denied. The proper rem
edy for counsel was writ OF error from
the decision OF the State Supreme court
TO the United States Supreme court Thu.
counsel failed to take advantage of thai
move. The writ Is fatally defective and
cannot be made good"
Hoch's attorneys asked an appeal from
Judge Landis's decision. Judge Landis
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
tie absence of your client. I Will no.
now complicate matters by further de-
lay, Ii would be mucn easier for me TO
grant this man ten days time In which
10 have this case reviewed by the United
States Supreme court. but respect for or
derly procedure compels me to do what 1
have done. That is my order"
And the court threw the petition to ono
side.
Judge Makes Statement
what | consider right. 1 do not think that
II would be complying with my oath II
delayed this execution" said Judge
Lands,
states Attorney Healy took similar
view He said
u advised them to hang Hoch.
talked with Judge lands over the tele-
phone. He told me no order had been en-.
tered except a denial OF the writ There
was no way legally left for the hanging
10 be postponed"
After the hanging Hochs attorneys
said that Notwithstanding the execution
the appeal would be perfected and car
rled 10 the United States Supreme court
Then, said Hoch's attorneys, III the
decision of Judge Lands in refusing TO
grant the writ OF habeas corpus Is re.
versed, We viii see that the Sheriff tho
Stnte's Attorney and all those who took
part In the hanging in any official ca
pacty are indicted for murder. We In
tend TO carry this through to the end
No Right to Appeal.
Preparations for the hanging were i'm
medately begun following Judge Landiss
refusal TO Issue writ of habeas corpus
but Hoch's attorneys strenuously CON
tinued efforts TO secure further delay
While the death march was starting
in the jail. the attorneys were just leav-
Ing the Federal building TO get Hoch's sig
nature to an appeal bond After Judge
Lands had apparently closed the case
boch's attorneys hastily prepared an APP
peal bond and again advanced to the
court and renewed the demand for an ap-
peal
Under the circumstances. l do not
think YOU nave any right TO appeal" said
Amy citizen has the right to appeal" :"
said Attorney Edward Mnher
I'm view OF the fact that this matter
was delayed until within an hour OF the
execution, | don't think So replied the
court
Thereupon three attorneys, representing
FIoch, all began to talk at once
Well" said the court, prepare your
record and orng II In; l Will be here all
dag"
The attorneys hurried, In a cab, to the
Criminal Court Building 10 get Hoch' 3
signature 10 the bond, just as word came
that the death march had begun
The attorneys arrived al the jail with
the appeal bond Just In time again TO
temporarily stop the preparations for the
execution.
There was hasty conference of jail Of
ficIals and then Sheriff Peters consulted
by telephone with Judge Lands. Judge
lands said:
II have refused TO do anything in the
Boch matter You need not delay the
execution on my account"
The condemned man was then prepared
for the march TO the scaffod.