The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-06-12
BILLIk IS SAVED
Appeal in His Case Granted by
Judge Lands.
This Action of Court POstp0nes
His Execution Indefinitely.
WAS TO HANG TODAY
Remarkable Efforts in Interest
of Condemned Man
Led by a Priest Rescued Him
From Death.
WAS TO HANG TODAY

demned to death for the murder OF
| five members of the VrzaI family,
| was today granted stay of execu-
| ton until he has been afforded an
opportunity to appeal his case to the
supreme court. Judge Lands
| of the United States dis
trict court, who yesterday de-
clined to grant a writ of habeas
| corpus in favor of Billik, today de-
cided that the prisoner had the right
| to appeal from his decision denying
| the writ. The case will now be car
ried to the higher federal tribunal and
Billik will be given a respite until that
| body has passed upon the cOnStitu-
| tional question involved.
Although it had been agreed between
Judge Lands Of the federal court, and
| the sheriff Of Cook county, that the
execution of Herman Rillik, the b.
| hemian fortune teller, should not take
place until after the court had passed
on the right of Billik to an appeal from
| the decision of Judge Lands in refus-
ing writ of habeas corpus, tremend-
Gus crowd gathered around the Jail at
| an early hour. detail of policemen
was constantly employed in keeping
the throng moving
An old woman who reached the Jail
shortly after o'clock, created a dis
turbance by pounding on the door and
crying to the police that the authori-
ties were about to hang an innocent
| man. She was taken away but con-
tinua1ly returned and pounded on the
Jail door, She was followed about by
large crowd. Finally 1t was found nee
essary to take her into custody. 1t is
believed that she is insane.
Story of the Crime.
Herman Billik, fortune teller. was
tried and convicted of poisoning to
death Mary Vrzal, % years of age, ana
was accused Of similarly causing the
i a,y1 Of fha
Vrzal family. Mrs. Rose Vrzal, the
mother of Mary Vrzal, committed sui
eide when she was arrested as an ac-
| complete of Billik. The deaths in the
Vrzal family all occurred within a
period of two years.
The testimony at the trial which was
| held before Judge A. G. Barnes, showed
that Billik went to the Vrzal residence
| with his alleged charms and that the
| remarkable series Of deaths followed.
The alleged motive was life insurance
| money in each case, the amount vary
| ing from 800 to 1925. AS a result of
the trial Billk's punishment was fixed
| at death. Since then he has been with
| in the shadow OF the gallows, besides
today, the first day for the hanging
| had been fixed as October IL, 1907, and
| the other dates November s, 1907, and
April 49, 1908. The postponements in
| each case were to permit further in
vestigation, it having been charged
| tndt B1llK CONVICTION was the result
| of perjured testimony due to suggestion
and intimidation on the part of prose-
cutting attorneys and police. This charge
| was made through the pulpit of st.
Mary's church by the Rev. P. J. O'Cal-
! laghan, superior of the Paulist fathers,
! in this city.
Principally through the efforts Of
| Father O'Callaghan, an affidavit was
| recently made by one of the principal
| witnesses against Billik, Jerry Vrzal,
Il - H.
family, that testimony against Billik
by the aant was wholly untrue. Six
| of the twelve jurors who tried Billik
| have since gone on record to the eff
feet that they would not have found
Billik guilty but for the testimony of
| Jerry Vrzal.
Refusal of a hearing by the SUI
preme court and the refusal by the
! state board of pardons to interfere
| and the refusal of a writ of habeas
| corpus by Federal Judge Lands, were
| among the last phases of the struggle
to save Billik's life. A series of re-
| markable mass meetings were held
yesterday addressed by Father O'Cal-
laghan. Jerry Vrzal and Edna BilIik,
! the fortune teller's little daughter,
who has been pathetic figure in the
| case. The mass meetings resulted in a
! midnight appeal to Governor Deneen
| by a volunteer delegation who paid
| their own fares to Springfield in the
| hope that a personal talk with the
| governor might prove effective in at
| least obtaining a Communication for Bill
Xix to life Imprisonment.
Had a Narrow Escape.
When Judge Lands opened court
today he said to the attorneys for the
state:
Il Attorneys for the state: st desire
the state to inform the sheriff not to
execute the sentence until he has
heard from this court
II 1--WE have already notified the
sheriff to that effect said the assist
ant states attorney. Counsel for
Billik yesterday asked ror writ of
habeas corpus on the grounds that
the prisoner was not asked by the
court before being sentenced to
death whether he had anything to
say. On this ground, Judge Lands
refused to issue either the writ or an
order of appeal from that refusal. but
set the arguments bearing upon the
right of the prisoner to appeal from
his ruling for II o'clock today.
After listening to these Judge
lands decided that he had not the
discretion to deny the application for
an appeal to the supreme court. He
therefore issued an order granting
delay until the matter could be
passed upon at Washington.
The ruling caused intense delight
among the friends of Billik, many of
whom believe that the proof against
him is not absolutely conclusive. The
fight to save his life as it had been
conducted thus far has been one of
the most strenuous and energetic ever
witnessed in this city in a similar
case. 2'
The hour set for Billik's execution
was IL o'clock and Billik who now
has an indefinite lease of life pending
the decision of his appeal would have
been hanged instantly had the Judge
declined to grant the order.
A tremendous demonstration was
made by the crowd outside the Jail
when 1t was announced that Judge