The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-02-24
h0CH DIES FOR
MURDER OF WIFE
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brave man. What's more. I'll go like
an innocent man. 1 never committed the
crime and I'm not afraid to 60"
Despite his brave words. It was evil
strain. He appeared nervous, but his
strong viii stood him In good stead, and
he held himself under marvellous con-
Briefly. the points raised in Hoch's pc
tItion 70 the federal court were:
That 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 ETne-
line Fischer-Hcch, wife of the defendant,
That Hoch was compelled and did give
evidence against himself
That he was arrested in New York and
eXtradited on q charge Of bigamy, and
was forthwith charged with murder.
Before Federal Judge Kenesaw M. Ian
dis, Hoch's attorneys commended that a
with If the court found that the Pc
utlon was presented In proper form.
Judge Lands suggested that it was also
requisite that probable cause for the
writ De shown.
Writ Is Denied.
After brief consideration, Judge Ian
remedy for counsel was writ of err
ror from the decision Of the state su-
preme court 20 the United States SUI
preme court The counsel failed to take
advantage Of that move. The writ is
fatally defective and cannot be made
good"
Hoch's attorneys asked an appeal from
Judge, Lands decision. Judge Lands
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 further de
lay. 1t would be much easier for me
to grant this man ten days, time IN which
to have this case reviewed by the Unit
ed States supreme court, but respect for
orderly procedure compels me to do what
l have done. That is my order"
And the court threw the petition to one
side.
Preparations for the hanging were i'm
mediately begun following Judge Lands
Hoch's attorneys strenuously continued
efforts to secure further delay
Legal Struggle to Last.
While the death march was starting in
the Jail the attorneys were just leaving
the federal building 70 get Hoeh's sigma
ture TO appeal bond. After Judge
Lands had apparently closed the case,
Hoch's attorneys hastily prepared an ap-
peal bond and again advanced to the
court and renewed the demand for an ap-
peal.
Under the circumstances I do not
think you have any right to appeal" said
'Any citizen has the right to appeal"
said Attorney Edward Maher.
In view Of the fact that this matter
was delayed until within an hour of the
execution, I don't think So" replied the
court,
Thereupon three attorneys representing
HOch all began to talk at once
We'll, said the court prepare your
record and bring it in: will be here all
day"
The attorneys hurried in a cab to the
criminal court building to get HOch's sig
nature to the bond just. SIS word came
that the death march had begun.
The attorneys arrived at the jail with
the appeal bond Just in time again to tenn
porarily stop the preparations for the eX-
There was a hasty conference Of jail
officials, and then Assistant Sheriff Pc
tiers consulted by telephone with Judge
Lands
Couldn't Stop Execution.
Judge Lands said:
Il have refused to do anything in the
Hoch matter. You need not delay the eX-
ecution on my account"
Judge Lands, after talking with Assist
ant Sheriff Peters, started to leave the
federal building.
Attorney Maher. with tears in his eyes,
begged Judge Lands to stay in the build |
ing until the appeal was perfected Mean
While Stale Attorney E1edly duNlSeu
Sheriff Peters to give Hoch's attorneys
fifteen minutes to perfect the appeal be- |
fore the death march should begin
Judge Lands declined to wait in the fed |
eral building, saying;
MY oath of office demands that I do
what I consider right. I do not think
that IL would be complying with my oath !
If I delayed this execution
States Attorney HeaIy took a similar
view. He said:
Il advised them TO hang Hoch- ] talked /
with Judge Lands over the telephone. He !
told me no order had been entered ex-
cept p denial Of the writ. There was no /
way legally left for the hanging to be |
postponed"
After the hanging Hoch's attorneys said |
that Notwithstanding the execution the |
appeal would be perfected and carried to |
the United States supreme court.
Then" said Hoch's attorneys eff the 1
decision of Judge Lands in refusing to 1
grant the writ Of habeas corpus is re- /
versed we will see that the sheriff, the /
states attorney and all those who took /
part I'm the hanging in any Official capa- /
CITY are indicted for murder We intend /
to carry this through to the end"