The Norfolk weekly news-journal., 1907-09-06
BOCHE CAUSES QUARREL
TWO MADISON NEWSPAPERS ARE
IN A CLASH.
SENATOR ALLEN TAKES HAND

SS"at0' Nhc", ooSneS attorney, OcCu-
pies Three Columns In the Star-Mail
Regarding the Chronicles Comments
on the Boehe Case.
The Boche case has become the sub.
ject Of bitter newspaper war at Mad
| ison.
Herman Boche's attempts to secure
bail In Norfolk are invariably argued
behind closed doors to prevent news
paper publicity but the ban" has new.
er been declared on in Madison.
So Boche, who Is charged in the
courts with murder, is being tried in
the Madison press. The Madison Star
Mail has entered the lists for Boche
and heated paragraphs have passed
between the Star-Mail and the Madi-
son Chronicle.
Friday the controversy had reached
such a stage that Senator Allen, Bo-
che's attorney. occupied the first three
columns of the Star-Mail with a signed
statement.
Chronicle Opens Fire.
The opening article came from the
Madison Chronicle, when commenting
on the refusal to admit Boche to the
Norfolk hospital 1t said:
Poor Boche: He made a bold play
but 1t wouldn't work. 1t is pity that
man should be kept confined in a
prison cell for so trivial offense as
that of killing one of his fellowmen.
His past life entities him to more con-
siderate treatment. Superintendent
Young of the Norfolk asylum refuses
to accept the responsibility of acting
as his custodian. The state board of
public lands and buildings advised DR..
Young not to take him stating that
there was no precedent for such a
course Sheriff Clements stated to a
Chronicle reporter that he was glad
that the asylum authorities would not
receive him. He made the request for
| his admittance to the institution by
order of the court but did so reluctant
| ly He told the judge that he preferred
| to take him to the penitentiary or else
keep him in the county Jail. Senator
Allen, Boche's counsel objected to his
being taken to Lincoln so that he will
| probably remain within the confines
| VI lut MdulSOl COuuly jail uulll HIS
trial in December.
Boche refuses to take exercise of
any kind. He sits or lies on his bunk
all the time. He complains that his
limbs have no feeling in them, that
they are dying. This condition is no
doubt caused by imperfect circulation
which follows as natural result of
inaction. To be sure a small cell is
not the best place in the world to take
a morning constitutional but it is suf-
ficient 70 allow of enough exercise to
keep the blood in circulation. He new.
er reads but sits day after day with
bowed head apparently brooding over
his past and contemplating future pros
poets. We presume that neither of
these lines of thought are very exhil-
arating.
| Star-Mail Answers.
The Star-Mail replied:
| The Chronicle this week makes an
unwarranted assault on Herman b.
che, the unfortunate man now confined
| in the county Jail, awaiting a trial on
the charge of murder. 1t is not enough
that this poor illiterate German citizen
is undergoing the inconvenience and
cruelty of close confinement on
charge which will be shown at the
trial to be wholly groundless, but this
cruelty is to be aggravated and inten-
sified by slurs because of his German
origin and his misfortune.
If Joe Clements informed the Chron-
icle that he did not want Herman b.
che sent to the asylum and told the
| judge that he preferred to take him to
the penitentiary or else keep him in
the county Jail, then Mr.. Clements has
| told two different stories about the
| matter as he has repeatedly said he
thought Boche would die before his
| trial. if confined in Jail, and that he
ought to be placed in the asylum for
| treatment
And pursuant to this view, the sher-
if applied, under the direction of the
Judge, for Boche's admission to the
hospital at Norfolk. There cannot be
sioners of insanity failed to discharge
their duty in refusing to consider b.
che's case.
The refusal of the asylum authorities
to accept and treat Boche was an open
and fragrant failure to discharge pub
lie duty, and was based, no doubt, on
the thought that DR.. Young could thus
escape the performance of an obliga-
ton, the performance of which might
injure his prospects of promotion.
There can be no doubt that under
the law Boche is entitled to bail. In
the many murder cases tried in this
county, there has never been an in
stance of a refusal of bail, except in
this case, and it is the unbroken rule
Of the supreme court that bail is grant
ed in all such cases where there is
reasonable doubt of the defendant be-
ing guilty of capital offense.
Just why the Chronicle and Glenn
ents, the commissioners of insanity
and DR.. Young and others called to
perform clear duties in connection with
this case, in an orderly manner and ac-
cording to established precedent, fail
in discharging those duties and heap
additional burdens on this unfortunate
prisoner, speaking of him disrespect
fully from time to time and condemn