Every evening, Wilmington daily commercial., 1906-02-23
MURDERER ASSUMES JOY
Is Says That He is Ready TO Go and
Informs The Jail 0flClalS That He
Will Not Cause Trouble.
ALSO DECLARES HIS lNNOGENOf
Under a Great Strain Despite
Brave Words.
is nELD UP BY HIS STRONG WILL
A.socatsa Pes. Dispatch y speaia. wires

AFHuNlt ltlNI ftHtN DAnlhtNN Hf NfffHt.tA ffttHA
Chicago, III, Feb. q, Johann
Booh sl6Il we'll Oh night aud when ne
Rwoke tbik morniB4 WAS apnnIeutly in
q j0piai mood. BE TUNED to Guard
James Cummings. who was ~ tao
room With hin, and said:
''doou motBing.
CnmminsB immediately summoaed
Nlght sailar O' Nei, who came aloae
10 the ON ara said.
"Gcod moTRinr, Johann. how are
you this m0rnana ~
o ieel tne, - saio Hoch. had
od nigh aud was not disturbed.
I'm feeling iine.
Hooh text gave his order flr break
fast, ana Whll0 awaiting its arrival
was giveu several papers to read.
Look here, O'Neil, he called out.
"See what CnB Of the papers says
about me.
He next read to O'Neil the 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 l
haven't. l will keep my nerve to the
last. I"
The attorneys for Hooh we're out
early today, sesking to prevent his
execution. A short time before the
hour set for the execution a petition
was filed in the United State2 Circuit
Court by his attorneys, asking Federal
Intervention to save H5ch. Inc petit
tion said that the Stite authorities
we're enueaVorinR to execute hoch in
violation OF ths fourteenth amendment
Of the Constitution and without due
process Of Law; Alter filing the petit
tion the attorneys left the Federal
Building Immediately, intending, it
was said, to go to the Criminal Court
Building to try TO get stay OF execu-
tion pandinR action by the Federal
Court. as q result OF the legal compli-
cation, Jallor Whitman announced that
the execution would be delayed unit
the application for a writ Of habeas
corpus could be passed upon by some
Judge in the Federal Court.
AS the morning passed on and the
time set for the execution approached,
Hoch abated nothing of his good ma
ture. AS one of the guards passed
before his cell, Hoch called him to the
door and, holding out five-cent piece,
said:
Here, Tony, 60 and get glass Of
beer. 4"
at is oettino clofe 10 the time,
isn't t?" continued Hoch. Well,
] | an. teAoy You people won't have
any trouble with me. When the min
ute comes I'll 20 like brave man.
\ What's more, I'll 60 an innocent man.
4 never committed the crime and / m
not afraid to 20.
Despite his brave words, it was evil
dent that Hcch was under a severe
strain. lie appeared nervous, bus his
strong will stood him in good stead
and he held himself under marvellous
oJntrol.
After a consultation with States
Attorney Healy, the Jail officials de.
cided to delay the execution, If neces
sary, until , o'clock, the last hour
named in the court sentence. IhS
section of the fourteenth amendment
on which Hoch's latest petition wal
based is as follows:
''No State shall make or enforce an,
law which shall abridge the privileges
or immunities of cItizens Of the UniteS
States. Nor shall any State deprivI
any person of life, liberty OF propert,
without due process OF law, nor den,
any person within it's jurisdiction thl
equal protection Of the law.
The Federal Court denied the peti
zion.
HocH HANGED.
Hoch was hangeo at "a o'clock.