The daily morning journal and courier., 1906-02-24
PASSING FROM LIFE OF
 JOHANN HOCH, UX0RCIDE
LAWYERS TO PUSH APPEAL EVEN THOUGH HE IS
 DEAD.

|
 Corpus at the Elevnth Hour and it is
 Denied--Judge Declares it Fatally
 Defective-After the Execution coup-
 sel Say That if the United States su-
 preme Court Reverses the Decision
 They Will See That the Sheriff.
 States Attorney and All Those
 Taking Part in the Hanging Are In.
 dicted for Murder.
 Chicago, Feb. 23,--Johann Hoch. con yicted uxocide, confessed biganaist and who, if but fraction of the stor- les of crime that are told of him are true, was one of the greatest criminals this country has ever known, was hang ed in the county jail to-day for poison ing his wife, Marie Wecker Hoch.
 He faced death with prayer on his lips for the officers of the law who took his life, and save for the words '.good bye,' his last utterance was an asser- ton that he was innocent of the crime for which he paid the extreme penalty of the law.
 The last scene in the career of Hoch came at 134 this afternoon while eds attorneys were still making desperate efforts for little more time on earth 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 The time set for the hanging was beween the hours of. 10 a. m. and D. m. Shortly after g o'clock Hochs attorneys appeared in the office of the clerk of the United States cir cult court where they filed an applica- tion for a write of haIbeas corpus on the broad ground that Hoch was held in peril of death in direct violation If the fourteenth amendment to the con stitution 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 jur- isdiction 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- half of Hoch, hastened to the jail where they informed Jailer whitman and Deputy Sheriff Peters that the appii. cation for the writ had been made, and asked the into delay the execution un- til the court had either granted or res fused the writ, The jailer and the dep- uty sheriff agreed to wait The attor, neys then returned to the court and appearing before Judge K. M. Landls, asked that the writ issue forthwith if it was found that it was drawn in proper form.
 Tt is also requisite" said Judge Lan- 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 a court of competent jurisdiction, that the sentence was in violation of the fourteenth amendment to the constitution and that Hoch was compelled to give, and did give evidence in New York, and extradited on a charge of bigamy, and on being brought to Chicago, was charged with murder.
 After some consideration, Judge Lan- dis replied: '"The application for the writ is denied. The proper remedy for counsel was 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 can not be made good"
 Attorney Maher then asked for an ap- peal from the decision of Judge L,andis. The court thus responded to this re- quest:
 Later in the day will enter such an order as will enable you to have this case reviewed by the supreme court in the absence of your client. will not matters by 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 United States supreme court, but respect for orderly procedure sompeIs me to do what I have done. That is my order"
 AS soon as it was known that the ap- plication for the writ of habeas corpus had been denied by Judge Landis prep- arations were commenced at the jail for the execution of Hoch. Dr. H. R, Davis, county physician, first went to the prisoners cell. Hoch asked what time it was, and when told it was al- most 1O:S0 replied:
 They say the end would come about l0:45. have, then, fifteen minutes to live, but want to tell you that I am l believe in respect for the law, but am not guilty of murder"
 Hoch was advised that his attorneys were making strenuous efforts in his behalf, and to Rev Mr. Flechte, who called immediately after Dr. Davis,
 lCnntinued nn Eighth Pa aoe \ ---- M