The Birmingham age-herald., 1906-02-24
Frantic Effort Made by His Counsel to Stay Sentence
 Pending an Appeal
WALKS UP THE SCAFFOLD
 WITH PLACID COURAGE
He Dies With Prayer on His Lips for the Officers of the Law Who Took His
 Life.

Chicago, February 23-Johann Hoch, convicted murderer, confessed bigamist, and who if but fraction of the stories of crime that are told of him are true. was one of the greatest criminals this country has ever known, was hanged in the county jail today for poisoning 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 without fear. He stood on the scalffold, beneath the dangling moose in the attitude and with the placid courage of a soldier who realizes to the full that death is his portion, but is still unaffected. He died with a prayer on his lips for the officers of the law who took his life, and save for the words goodbye" his last ut terance was an assertion that he was innocent of the crime for which he paid the extreme penalty of the law.
 Attorneys Make Desperate Effort.
 The last scene in the career of Hoch came at 1:84 in the afternoon while his attorneys were still making desperate
 
 for him. His death, the lawyers 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 un- lawfully hanged, proceedings will be com menced against the officers of the law who officiated at the execution. The time set for the hanging was between the hours of 10 a. m. and 2 p. m. Shortly after o'clock his attorneys appeared in the office of the clerk of the United States circuit court where they filed an application for a writ of habeas corpus on the broad ground that Hoch was held in peril of death in direct violation of the fourteenth amendment to the consti- tuition of the United States, which de- clares in effect that no state shall de- prive any person of life, liberty or prop erty without due process of law, nor deny to any person within it's jurisdiction the equal protection of the laws.
 Hasten to the Jail.
 As soon as the application for the writ had been filed, Attorneys Maher and Comerford, who were acting in behalf of Hoch hastened to the jail, where they informed Jaier Whitman and Dep uty Sheriff Peters that the application for the writ had been made and asked them to delay the execution until the court had either granted or refused the writ. The jailer and the deputy sheriff agreed to this. The attorneys then re- turned to the court and appearing be- fore Judge K. M Landis, asked that the writ issue forthwith if 1t was found that it was drawn in proper form.
 "It Is also requisite' said Judge Lam dis, that proper cause be shown for the issuance of the writ"
 The attorneys then argued that the writ should be issued because the state court was not court of competent iuris- diction; that the sentence was in viola ton of the Fourteenth amendment 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 charge of bigamy and upon being brought to Chi cago was charged with murder.
 After some consideration Judge Landis replied:
 Landis Denies Application.
 '"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 ap- peal from the decision of Judge Landis The court responded to this request:
 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. I will not l,xr flnr Ao1o 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 I have done. That is my order"
 As soon as 1t was known that the application for the writ of habeas corpus had been denied by Judge Landis, prepa- rations were commenced at the jail for the execution of Hoch. Dr. H. R. Davis, the county physician, first went to the prisoners cell. Hoch asked what time it was and when told it was almost 10:30 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. I believe in respect for the law, but I am not guilty of murder"
 Hoch was advised that his attorneys were making strenuous efforts in his be- half
 Death Warrant Is Read.
 At 12 o'clock Deputy Sheriff Peters. ac- companied by Jailer Whitman, entered Hoch's cell the former holding the death warrant which they told him they had come to read.
 'T am ready to hear" said Hoch, sitting down on the bed
 Deputy Sheriff Peters then read the warrant. the two notices of reprieve 1 oal. A.. final decision of the supreme court in his case. Throughout the reading Hoch was --~S-----------~-----~-~-~--
 lcentlnued oh Second Paae)