The Montgomery advertiser., 1906-02-24
Notorious Criminal Dies
 on the Scaffo1d.
FACES DEATH WITH cALMNESs
Attorneys Fight to Last to Save
 Life of Client.
Say That Case VIII Yet be Carried ts the supreme Court of the United states--Judge Lsndis Refuses
 to Stay Sentence.

Chicago. Feb. 23.--Johann Hoch, con- sicted murderer, confessed bigan.ist and who. If but a fraction of the stJ- rtes of crime that are told O. him are true. was one of the greatest criminals this country has ever known. was hang ed in the county jail today for poison ing his wife. Marie Welcker-Hoch.
 He faced death as he has always said that he would face it--when the final moment came-calmly and with out fear. He stood on the scaffold, be- heath the dangling moose in the atti- tude and with the placid carriage of a soldier who realizes to the full that death is his portion, but is still una fraid.
 He died with a prayer on his lips for sthe officers of the law who took his life and save for the words "Good-bye" his last:utterance was an assertion that he was innocent of the crime for which he paid the extreme penalty of the law. The last scene In the career or Hoch came at I:34 in the afternoon when his attorneys were still making desperate efforts for a little more time on earth for him His death, the law yers say, has not ended the appeal that was made in his behalf, and although the man himself Is dead, they promise to carry the, case to the Supreme Court of the United States. and if it Is there decided that he was unlawfully hang ed. proceedings will be: commenced against the officers of the law who officiated at the execution.
 On Broad Grounds
 The time set for the hanging was be- tween the hours of 10 a. rn and D.. m. Shortly after 9 o'clock his attorn- eys appeared in the office of the clerk of the United States Circuit Court where they filed an application for d writ of habeas corpus on the broad ground that 1Hoch was held Tn peril of death in direct violation of the four teenth amendment to the constitution of the United States which declares in effect that no State shall deprive any person of life. liberty or property without due process of law, nor deny to any. person within it's jurisdiction the equal protection of the laws. AS soon as the application for the writ had been filed, Attorneys Maher and Comerford, who were acting in be- haIf of Hoch, hastened to the jail, where they informed Jailer Whitman and Deputy SheriR Peters that the ap- plication for the writ had been made and asked them to delay the execu- tfon until the court had either granted or refused the writ The jailer and the deputy sheriff agreed to this. The attornevs then returned to the court and appearing befote Judge K. M. Lam dis, asked that the writ issue fortn- with if it was found that 1t was drawn in proper form
 dis. that proper cause bo shown for the issuance of the writ.
 The attorneys then argued that the writs should b eisued because the State court was not court of com netent jurisdiction. that the sentence was in violation of the 14th amend nnent to the constitution; that Hoch was compelled to give and did give evidence against himself; that he was arrested in New York and extradited on a charge of bigamy and upon being brought to Chicago was charged with murder.
 Denied by Judge Landis.
 After some consideration Judge Landis replied: The application for the writ is denied. The proper remedy for counsel was a writ of error from the decision of the State supreme court to the supreme court of the United states. The writ Is fatally defective and cannot be made good" Attorney Maher then asked for an appeal from the decision of Judge Landts. The court responded to this request:
 Later in the day I will enter such an order as well enable you to have, this case reviewed by the supreme court in the absence of your client. will not complicate matters by a further delay. It would be much easier for me to grant this man ten days time in which to have this case reviewed by the supreme court of the United States, but respect for orderly procedure compels me to do what l have done. That is my order"
 As soon as 1t was known that the aplication for the writ of haoeas' cor pus had been denied by Judge Landis, preparations were commenced at the jail for the execution of Hoch. Dr. H.
 
 went to the prisoners cell. Hoch asked what time it was and when told 1t was almost ten thirty o'clock replied:
 They said the end would come about 10:45. I have then fifteen minutes to live but I want to tell you that I am innocent believe in respect for the law but am not guilty of murder"
 Hoch was adviS l that his attorneys were making strenuous efforts in his behalf.
 Death Warrant Read.
 At .12 o'clock Deputy Sheriff Peters accomnanied by Jaiier whitman enter ed Hochs cell, the former holding the death warrant which they told him they bad come to read.
 q s.n ready to hear" said Hoch sit- ting uown on the bed. Deputy Sheriff Peters then read the warrant, the two notices of reprieve which had been granted to Hoch and the final decision of the supreme court in his case. Throughout the reading Hoch was un- moved and Deputy Sheriff Peters at the close said t. him:
 MT. Hoch I wish to commend you for the manner in which you have con- ducted yourself and also for the prep aration you have made for the here- after. I hope God will have mercy on your soul"
 Hoch smiled and said quietly, T am a great sinner In some ways but am innocent of this murder" then turning to Jailor whitman he said:
 T want all that is coming to me fin inc way of time If you try to take me before 1:30 I will fight"
 Tt will do you no good to fight, Johann" replied Jailer Whitman.
 II know that" said Hoch. but I want what Is coming to me. and If you trv to take me before 80 I will fight. If YOU come at 1 80 I will go quietly and YOU will have no trouble
 < Just as the reading of the death war rant was finished, Attorney Comorford appeared at the jail with an appeal