Los Angeles herald., 1908-06-13
APPEAL NOTICE
SAVES BILLIk ON
GALLOWS BRINK
JUDGE LANDIS ORDERS STAY
OF EXECUTION
GRANTS APPEAL OF DECISION ON
HAREAs CORPUS
Big Crowd Gathers Around jail and
Makes Great Demonstration
When News Of Reprieve
Is Heard
Fs Associated Press.

Fy Associated Press.
CHICAGO, June 12.-Herman Billik,
A. the Bohemian fortune teller condemned
| to death for the murder of seven merl-
bers of the Vzral family, was TO-DAY
granted stay of execution until ne
has been afforded an opportunity TO
appeal his case to the supreme court.
Judge Lands of the United States
district court, who yesterday declined
to grant writ of habeas corpus In
favor Of Billik, today decided that the
prisoner had the right to appeal his
decision denying the writ. The case
will now be carried to the higher fed
eral tribunal and Billik will be given
respite until that body has passed
upon the constitutionality of the ques-
tion involved.
Although 1t had been agreed between
Judge Lands of the federal court and
the sheriff of Cook county that the
execution of Billik should not take
place until the court had passed upon
the right of Billik to appeal from the
decision of Judge Lands in refusing
to grant a writ of habeas corpus, a
tremendous crowd gathered around the
jail at an early hour. A detail of po-
licemen was constantly employed In
keeping the throng moving.
An old woman who reached the jail
shortly after o'clock created dis
turbance by pounding on the door and
CEyilS out 10 tHe pOllCc tHdl tuO GU
thorities were about to hang an inno-
cent man. She was taken away, but
continually returned and pounded on
the Jail door. She was followed by a
large crowd. Finally it was found nee
essary to take her into custody. 1t Is
believed she is insane.
Herman Billik, Bohemian fortune
teller was tried and convicted of poi
soning to death Mary Vzral. % years
of age, and was accused of partly
causing the death of several other
members of the Vzral family.
AS the result of the trial Billik's pun
ishment was fixed at death. Since then
he has been within the shadow of the
gallows three times besides today-the
first date of the hanging being fixed
as October II, 1907, and the other dates
were November s. 1907, and April 20,
1908.
The postponements in each case were
to permit further investigation. 1t hav-
ing been charged that Billiks convic-
tion was the result of perjured testi-
mony due to suggestions and intimida-
tion on the part of the prosecuting at
torney and police.
Priest Makes Charge
This charge was made through the
pulpit of st. Mary's church by the Rev.
p. j. OCallaghan, superior of the Paul
ist Fathers in this city. Principally
through the efforts of Father O'Calla-
CHAN an affidavit was recently made by
one of the principal witnesses against
Billik, Jerry Vzral, Is years of age.
survivor of the Vzral family, that tes
timony against Biilik by affiant was
wholly untrue. Six of the twelve jur-
ors who tried Billik have since gone on
record to the effect that they would
not have found Billik guilty but for the
testimony of Jerry Vzral.
Refusal of a rehearing by the state
supreme court and refusal of 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 remarkable
mass meetings were held yesterday, ad-
dressed by Father O'Callaghan, Jerry
vzral and Edna Biilik, the fortune
teller's daughter, who has been pa
thetic figure in the case.
The mass meetings resulted in mid
night appeal to Governor Deneen by a
volunteer party, who paid their own
fares to Springfield In the hope that
personal talk to the governor might
prove effective in at least gaining
Communication for .Billik to life impris-
onment
A tremendous demonstration was
made by the crowd outside the jail
when 1t was announced that Judge
Landis had granted an appeal to the
supreme court. The uproar on the out
side conveyed the news to the prisono-
ers in the jail many of whom recently
signed q petition to the governor ask
ing a stay of proceedings or commu-
tation. They set up a terrific shout,
which they continued for several min
utes, the noise being heard for blocks.
Orders Stay OF Execution
When Judge Landis opened court to-
day he said to the attorneys of the
state:
II desire the state to inform the
sheriff not to execute the sentence un-
til he has heard from this court"
1--WE have already notified the sheriff
to that effect" said the assistant states
attorney Counsel for Billik yesterday
asked that the writ of habeas corpus
be issued on the grounds that the pris-
oner 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.
After listening to these Judge Lands
decided he had not the discretion to
DENY an application for an appeal to
the United States supreme court. He
therefore issued an order granting a
delay until the matter could be passed
upon at Washington. The ruling caused
intense delight among the friends of
Billk, many of whom believe him en-
tirely innocent and a still greater num-,
ber of whom believe that the proof
against him is not absolutely conclu-
sive.
The fight to save his life. as 1t has
been conducted thus far, has been one
of the most strenuous and energetic
ever witnessed In this city in similar
case.
The hour set for Billik's execution
was II o'clock, and Billik, who now has
on indefinite lease of life pending the
decision of his appeal, would have been
hanged instantly had the judge de-
clined to grant the order.
Murder and Suicide
BUTTE Mont, June 12-At Dillon,