The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1908-06-13
ON BR|NK OF GRAVE
Herman Billek's Execution Post.
poned for Fourth 1ime.
UlGE LANDlS TAKES ACTION
When the Courts Decision Was
Rendered, but the Sheriff Had
Agreed to Await Jurist's Decree.

Chicago, June 13-Herman Billek,
the Bohemian fortune teller con-
demned to death for the murder Of
five members of the Vzral family, has
been granted a stay of execution until
he has been afforded an opportunity
to appeal his case to the supreme
court of the United States.
Judge Lands of the United States
district court, who declined to grant
a writ of habeas corpus in favor of
Billek, decided that the prisoner had
the right to appeal from his decision
denying the writ. The case will now
be carried to the highest tribunal and
Billek will be given a respite until
that body has passed upon the con-
stitutional questions involved. The
hour set for Billek's execution had
passed when the decision was rem
dered, but the sheriff had agreed to
await the courts action.
Billek was tried and convicted of
poisoning to death Mary VZral, twen-
ty-two years old, and was accused of
similarly causing the death of four
other members of the Vzral family.
Mrs Rose Vzral, the mother of Mary
Vzral, committed suicide when she
was arrested as an accomplice of Bill
lex. The deaths in the VZral family
all occurred within period of two
years.
The testimony at the trial showed
that Billek went TO the VZral resi-
dence with his alleged charms and
that the remarkable series of deaths
followed. The alleged motive was
life insurance money in each case,
the amount varying from $100 to 1926.
AS a result of the trial Billek's pun
ishment was fixed at death. Since
then he has been within
The Shadow of the Gallows
four times, the first date for the
1907, and the other dates Nov. 8,
1907, and April 20, 1908. The post
ponements in each case were to per-
nit further inves tigation, 1t having
been charged that Billek's conviction
was the result of perjured testimony
due to suggestion and intimidation on
the part of the prosecuting attorneys
and police. This charge was made
through the pulpit of st. Mary's
church by Rev. p. ]. O'Callaghan, su
perior 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 Billek, Jerry Vzral
eighteen years old, survivor of the
Vzral family, that testimony agains
Billek by the affiant was wholly un
true. Six of the twelve jurors whC
tried Billek have since gone on RECORD
to the effect that they would not have
found Billek guilty but for the testi
mony of Jerry VZral. Refusal of re
hearing by the supreme court and re
fusal of the state board of pardon'
to interfere, and refusal of writ o
habeas corpus by Federal Judge Ian
dis were among the last phases of thu
struggle to save Billek's life. A sc
ries of remarkable mass meeting
were held Thurs day, addressed b.
Father O'Callaghan, Jerry Vzral an
Edna Billek, the fortune teller's littl
daughter, who has been patheti
figure in the case. The mass meet
ings resulted in a midnight appeal t
Governor Deneen by a volunteer dele
cation who paid their own fares t
Springfield in the hope that persona
talk with the governor might prov
effective In at least obtaining a con
mutation for Billek to life imprisor
meDt