The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1906-02-28
BLUEBEARD HOCH
HANGED IN A HURRY
Rush 10 Execution Before the Time
Limit Expired
DROP FALLS WHILE he TALKS.
BIgamlsfs Lawyers Appealed for Stay Of
Execution Shortly Before Hour Set
for Death, Delaying Hanging Until
Judge Decided Ne Could Not 10.
terfere,

teriere.
Chicago (SpeciaD After one OF the
most remarkable contests to save man
from the gallows ever waged in the
courts of this State, Johann Hoch was
hanged at I34 o'clock Friday afternoon
for The murder Of his wife, Marie Welc-
kekcr-Hoch. He died protesting his in
nocence.
Hoch was believed to have had numer-
ous wives, the names OF 10 OF whom the
police claim to know. His conviction
and execution came about as the result
OF having administered arsenic to the
woman he married in Chicago, and who
upon her death was succeeded in Hoch's
affections by her sister. 1t was the sis
ter who told the police when Hoch de
serted her, and her statement led to his
arrest
OF all the legal battles that have been
waged since Hoch's first conviction, that
at the verge of his grave was the most
stubbornly contested because only few
moments remained in which the attor
neys hoped TO snatch him from death.
The execution was TO have occurred in
the morning, but it was postponed until
the afternoon. and the final blow was ac-
tually suspended in order that Hoch's
lawyers might appear in court and argue
for stay.
Briefly, the points raised in Hochs
petition 10 the Federal Court we're:
That the 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 Emil
lie Fischer-Hoch, wife OF the defendant,
testified.
That Hoch was compelled 20 and did
give evidence against himself.
That he was arrested in New York
and extradited on a charge OF bigamy
and was forthwith charged with murder.
Judge Lands denied the writ, saying
The proper remedy for counsel was
a writ OF error from a decision from
the State Supreme Court to the United
States Supreme Court. The counsel
failed to take advantage OF that move.
The writ is fatally defective and can't
be made good"
Preparations for the hanging were im-
mediately begun following Judge Lands
refusal OF a writ OF habeas corpus, but
Hoch's attorneys strenuously continued
efforts TO secure further delay. While
the death march was starting in the
jail, the attorneys were just leaving the
Federal building TO get Hoch's sigma
ture to an appeal bond.
After Judge Lands had apparently
closed the case, Hoch's attorneys hastily
prepared an appeal bond and again ad-
yanced to the court and renewed the de-
mand for an appeal.
Under the circumstances, I don't
think you have any right to appeal"
said the Court.
ANY citizen has the right to appeal"
said Attorney Edward Maher.
In view of the fact that this matter
was delayed until within an hourt of the
execution, don't think so" replied the
Court,
There was hasty conference of iail
officials, and then Assistant Sheriff Pet
ers consulted by telephone with Federal
Judge Lands.
Judge Lands said:
Il have refused TO do anything in the
Hoch matter. You need not delay the
execution on my account"
Hoch slept we'll all night, and when
he awoke in the morning was apparently
in jovial mood. He turned to Guard
James Cummings, who was in the room
with him, and wished him Good morn
ing" Cummings Immediately summoned
Night Jailer O'Neil, who came at once
to the room and greeted Hoch
Good morning, John. How are you
this morning?"
81 feel fine" replied Hoch 81 had
good night, and was not disturbed. I'm
feeling fine"
Hoch then gave orders for break
fast, and while awaiting its arrival he
was given several papers 10 read
Look here, O'Neil" he called "See
what one of the papers says about me"
He then read to O'Neill an article
which said that he had given up all
hope and was in state OF collapse.
That thing says that / have lost
hope remarked Hoch. But haven't
VIII Keep my nerve TO inc last.
\ short time before the hour set for
the execution a petition was filed in the
United States Circuit Court by Hoch's
attorneys asking Federal intervention
to save Hoch. The petition said that
the State authorities were endeavoring
to execute Hoch in violation OF the Four
iecnth Amendment OF the Constitution
and without due process Of law.
After filing the petition the attorneys
left the Federal Building Immediately,
intending, it was said, to go 10 the
Criminal Court to try to get a stay of
execution pending action by the United
States courts.
As result Of the legal complication
Jailer Whitman announced that the ex-
ecuton would be delayed until applica-
ton for a writ of habeas corpus could
be passed upon by some Judge in the
Federal Court
Rooster Attacked Child.
Bristol, Va. (SpeciaD The eighteen
months-old child Of Mr.. and Mrs. Stan