The new South-news., 1906-03-03
d0CH PAYS Hts
MANY CRIMES
IS HANGED ON DAY .a-7.--------.
At DELAYED EOvl.
EFFORTS FOR WRIT DENIED
Attorney kakcs Two Efforts on Day
OF Execution for Writ OF Appeal
but Both Were Denied.

Chic@rc.-.joarnn -orh, convicted
marder. eonfesscd bigamis.. and
who. if br' frac;ic7, of the stories
OF crime tina; are told Of him
i true. was one Of :he greatest Grim
irals this country has ever known.
has been hanged in the county jail
for poisoning his wife, Marie WelcAer
Hoch.
He faced death rs he has always
said that he would face il. when the
fnal moment came calmly and with
out fear He stood on the scaffcld.
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
unafraid. He died with a prayer on
his lips for the officers of the law
who took his life, and, save for the
words "Good-by" his last utterance
was an assertion that he was inno-
cent of the crime for which he paid
the extreme penalty of the law.
The last scene in the career Of
Hoch came at l "a in the afternoon,
while his attorneys were still making
desperate efforts for little more time
on earth for him. His death. the law
years say. has not ended the appeal
that was made in his behalf and, al
though the man himself is dead, they
promise to carry the case to the Su-
Preme Court of the United States,
and if it is there decided that he was
unlawfully hanged, proceedings will
be commenced against the officers of
the law who officiated at the execu-
ton.
The time set for the hanging was
between the hours Of 10 a. m.. and 2
p. m. Shortly after 9 o'clock his at
torneys appeared in the Office of the
Clerk Of the United States Circuit
Court, where they filed an applica-
,tlon for 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
Constitution Of the United States,
which decalres in effect that no
state shall deprive any person of life,
liberty or property without due pro-
ng. nor deny to any person
iction the equal pro-
heation for the
~, Attorneys Ma
Dk6rd, who were acting
~ Of Hoch, FASTENED to the
jail, where they informed JaiIer Whit
man and Deputy Sheriff Peters that
the application for the writ had been
made, and asked them to delay the
execution until the court had eth
er granted or refused the writ. The
,jailer and the deputy sheriff agreed to
this. The attorneys then. returned to
the court, and, appearing before
Judge X. n. Lands, asked that the
writ be issued forthwith if it wa.
found that it was drawn up in proper
form.
"It is also requisite" said Judge
Lands, "that proper cause be showr
for the issuance of the writ. The ap
plication for the writ is denied. Th'
proper remedy for counsel was a wri
of error from the decision Of the Stat'
Supreme Court TO the Supreme Cour
of the United States. The writ is ia
tally defective and cannot be mad
good"
Attorney Maher then asked for Al
appeal from the decision Of Juds
Lands. The court responded to thi
request:
"Later in the day will enter sucl
an order as will enable you TO hav'
this case reviewed by the Suprem'
Court in the absence Of your client
! will not complicate matters by
further delay. 1t would be mucI
easier for me to grant this man tel
days time in which to have this cas-
reviewed BY the Supreme Court o
the United States, but respect TO
orderly procedure compels me to a
what l have done. That is my OF
DER
Preparations at the JAN.