Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-23
JOHANN HOCH HANGED
Paid Penalty for Wife Murder
at Chicago.
THE EFFORTS TO SAVE HIM
Condemned in Jovial Spirits This
Morning.
JUDGE REFUSED MORE DELAY
March to the Gallows Deferred Until
Every Means Was Exhausted
The Last Scenes.
JUDGE REFUSED MORE DELAY

CHICAGO, ILL.,, February g.
Johann Hoch, convicted OF the
murder of his wife, Marie Welker
Hoch, was hanged in the county
Jail today at "a pm. Three times
respited, Hoch insisted to the last
that he be granted all the delay
that the law conceded him. Under
the wording of his sentence the
criminal was to hang between the
hours of 10 am. and pm.
When the last resource of his at
torneys-an appeal to the federal
court of a violation of the Four
teenth Amendment to the Consti-
tuition, which forbids that a man
shall not be deprived of his life
without due process of laW-had
been denied, Hoch abandoned all
hope OF saving his life, but still in
sisted that he be allowed to live as
nearly TO 2 O'Clock as possible.
When Jailer Whitman. who has long been
n friend of Hoch appeared in his ceIl and
remarked: It's all off, Johann; nothing
more can be done for you" Hoch repIied.
That is all right. It's all right. but I
want to have all that is coming to me in
point of time. I'll go when / 80 o'clock
comes, but If you try to take me before
that time I'll fight"
IT wouldn't do You any good to fight"
replied Jaiier Whitman. Il know that" re-
piled Hoch. but 1 want all that is coming
TO me. III go, all right at 30
The jailer, after consultation with
Deputy Sheriff Peters, agreed to the delay
fdoeh f Ii9 1neh asked that his dinner be sent
TOT, HIS wish was granted and he ate
with an evident relish and apparently
without thought that he would never enjoy
another meal.
In Jovial Mood This Morning.
Hoch slept well all night. and when he
awoke this morning was apparently in q
jovial mood. He turned to Guard James
Cummings, who was in the room with him
and wished him good morning" Cum
mings Immediately summoned Night Jailer
ONeh who came at once to the room, and
Good morning. John how are you this
morning."
Il feel fine" said Hoch Il had good
night and was not disturbed I'm feeling
fine"
Hoch then gave his order for breakfast.
and while awaiting its arrival was given
several papers TO read.
Look here, O'Neil," he called out; see
what one Of the papers says about me"
He then read 10 O'Neil the article which
said that he had given up all hope and
was in a state OF collapse.
That thing says that / have lost hope"
remarked Hoch. But I haven't l viii
keep up my nerve to the last"
Petition to Save Hoch.
short time before the hour set for the
execution a petition was filed in the United
States circuit court bp Hoch's attorneys
asking federal intervention to save Hoch.
The petition said that the state authorities
were endeavoring to execute Hoch in vio-
laton of the fourteenth amendment Of the
Constitution and without due process or
law.
After fling the petition the attorneys left
the federal building Immediately TO 20 to
the criminal court building to try to get
stay OF execution pending action by the
federal courts.
After a consultation with States Attor-
ney Healy the jail officials decided TO delay
the execution, II necessary, until pm, the
last hour named In the court sentence pro-
vidng for the hanging
The section of the fourteenth amendment
on which Hoch's latest petition Is based is
as Follows; NO state shall make or enforce
any law which shall abridge the privileges
or immuuities OF citizens of the United
States: nor shall any state deprive any per
son OF life, liberty or property without due
process or law. nor deny any person within
its jurisdiction the equal protection OF the
lava"
Hoch Joked With Guard.
As the morning passed on and the time
set for the execution approached Hoch
abated nothing Of his good nature As one
OF the guards passed before his cell Hoch
called him "a IA
fiye-cent piece said:
Here, Tony, go and get glass of beer"
1t IS getting close TO the time. isn't it?'
continued HCch. Wei I'm ready. Won
people won't have any trouble with me
When the minute comes 1 II go Hike brave
man what's more III go like an innocent
man l never committed the crime and I'm
not afraid to go"
Despite his brave words, 1t was evident
that Hoch was under severe strain. He
appeared nervous, but his strong will stood
him in good stead and he held himself un-
der marvellous control
As result OF the legal complication
Jatler Whitman announced that the execu-
tion would be delayed until application for
a writ of habeas corpus could be passed
upon by some judge in the federal court
The Petition Denied.
Before Federal Judge Kenesaw NJ. Lam
dls, Hochs attorneys contended that a
writ OF habeas corpus should issu, forth
with II the court found that the petition
was presented in proper form. Judge Lam
dis suggested that II was also requisite
that probable cause for the writ be shown
After brief consideration Judge Lands
said:
The petitpa is denied The proper rem
edy Tor coursel q writ OF error from
the decision from the state supreme court
20 the United States Supreme Court. The
counsel taileG TO take advantage OF that
move. The writ is fatally defective and
can't be maeo good"
Hochs attorneys asked an appeal from
Judge Landi4 decision. Judge Lands re-
piled:
Later in Ife day / will enter such an
order as VIII enable you to have this case
tContirAued on Second Page)