Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-03-01
Attorneys Fought to Last Moment
to Save Life of Wife
Killer.
He NEVER LOST HIS NERVE
Asserted His Innocence and Demanded
Every Possible Minute OF Life
Enjoyed Meal just before Exc
cutton with Much Appar-
rnt Relish.

'HlNdEpr itn. ZJ.-Jofann IiOch, CON
Nlctcd of the murder of his wife. Marie
kelcker-iloch. was hanged in the coun-
ty jail to-day at 1894 p. IN.
Three times rospitcd. lioch insisted to
th" last that hc he granted all the delay
the law conceded. Under the wording
Of his sentence he was to hang between
ton and two O'Clock. When OF
tho last resource Of his attorneys APP
peal to the federal court of violation
Of tho lith amendment to the constitu-
| tom which forbids that a man shall not
| be deprived Of life without cue process
! OF law, has been denied, Hoch abandon
cd hope, but insisted that he be allowed
+" live as nearly to two o'clock as pos
! Sihlc
When Jailcr Whitman appeared in
| 'iooh's cell and remarked: ITS ali ofr
! J''"'i" nothing more can be done for
! You."
IIoch replied: ITS all right but 7
want To have all that is coming to me
in point of time. III go when 30 o'clock
comes but if you try to take mo before
that time I'll fight"
! 1T would not do you any good to
| light replied Whitman
Il know that replied Hoch." But
| | want all that - coming to me. III
so all right at 80 p. M"
The iailer after consultation with Dep
uty Sheriff Peters agreed 20 the delay.
| fIoch then asked that his dinner he sent
for His wish was granted and he ate
with evident relish and apparently with
| out thought that he would never enjoy
another meal
Iloch slept well all night and when he
awoke this morning was apparently in a
jovial mood. He turned to Guard james
| Cummings, who was in the room. and
wished him good morning" Cummings
summoned Night Jlilcr O'Ncil. who cam,
to the room and said: Good morning.
john how are you this morning."
Il feel fine?' said Hoch. II had a good
night and was not disturbed"
lioch then gave the order for his break
fast, and while awaiting its arrival was
given several papers to read
Look here O'Neil." he called out, 'soe
what one of the papers says about me-"
Then he read to O'Neill an article which
said he had given up all hope and was
in a state of collapse.
That thing says I have lost hope" re-
marked lloch, but I haven't. l will keep
my nerve to the last
HIS ATTORNEYS GET BUSY.
Attorneys for Hoch were out early
to-day seeking to prevent his execution
by legal means. a short time before the
hour set for tho execution "A petition was
filed in the United States District Court
by Hoch's attorneys asking for federal
intervention to save Hoch. The petition
said tho State authorities were cndcavor-
ing to execute HoCh in violation Of the
18th amendment to the constitution and
without due process of law After filing
tine petition, the attorneys left the fedora!
building intending, il was said, to go to
IN" criminal court building and try TO-
get stay Of execution pending action
by the federal courts. AS a result by the
legal complication, Jaicr Whitman an
nounccd tina. the execution would be de-
lavod until the application for n writ Of
habcls corpus could be passed upon by
judge in the federal court
After consultation with States Attor.
ney Hcaly, the Jail officials decided to
delay the execution if necessary, until
= p. m. the last hour named in the court
sentence providing for the hanging.
AS the morning passed Hoch ahatcd
nothing of his good nature "NVhen the
minute comes I'll so like brave man."
he said. 'What's more. III 60 like an
innocent man. never committed crime
and I'm not afraid t. go" Despite his
brave words it was evident that Hoch
was under n severe strain.
Before Federal judge Lands. Hoch's
attorneys commended that a writ of haheas
corpus should issue Forthwith if the court
found the petition presented in proper
form.
After brief considerations Judge Ian
dis said. The petition Is denied" The
proper remedy Tor counsel was a writ of
error from the decision of the State SUI
prcme court to the United States SUI
preme Court. counsel failed to take adj
vantage of that move. The writ is ia
tally defective and cannot lac made good"
lloch's attorneys asked an appeal from
Judge Landis's decision. The judge re-
piled, 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
now cOmplicatc matters by further delay
/ 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 compels me to do what | have
done, That is my order
After Judge Lands had apparently
closed the case, Hoch's attorneys hastily
prepared an appeal bond and again adj
vanccd to court and renewed the demand
for an appeal
Under the circumstances I don't think
YOU have any right to appeal" said the
court.
ANY citizen has right to appeal" said
Edward Maher
In view of the fact that this matter
was delayed until within the hour of OK
ccution | do not think so,' replied the
court.
"Th1euron the three attorneys repro
scutmg Ifoch, began all to talh at once
"Wcll" said the court prepare your
record and bring it in. I will he here all
day"
The attorneys hurried to the criminal
court building to get lloch's signature
to a bond just as word came that the
death march had begun. They arrived al
the Jail with the appeal bond just in time
again temporarily to stop preparations for
the execution. There was a hasty confer
once of the jail officials and then Assist
aut Sheriff Peters consulted by telephon"
with Federal Judge Lands, who said #
have refused TO do anything in the Hoch
matter. You need not delay the eXeCu-