The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-06-13
REMARKABLE LEGAL FIGHT

REMARKABLE LEGAL FIGHT
HISTORY OF CASE AND DETAILS
OF TIE CRIME.
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Cleveland, o., June EMS Bar =
bara Billek, mother of Herman Bill y
= lex, when told of the appeal granted y
= by Judge Lands, which will mean =
= new lease Of life for the fortune y
teller, exclaimed: y
= saved my boy"
The mother who has been i'll for !
y several months. and near death dur =
= ing the strain OF the past few days, =
y tainted
She is said 10 be in a precarious ;
= condition.
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Chicago, June l2.-Herman Biuek the
Bohemian fortune teller condemned TO
death for the murder OF five members of
the Vzral family, was today granted a
stay of execution until he has been af-
forded an opportunity to appeal his case
10 the supreme court. Judge lands of
the United States district court, who yes
terday declined TO grant aw rit of habeas
that the prisoner had the right to ap-
peal from his decision denying the writ
The case will now be carried to the high
er federal tribunal, and Billek will be
given respite until that body has passed
upon the constitutiOnality of the question
involved.
Great Crowd In Front of Jail.
Although it had been agreed between
Judge Lands of the federal court and the
SlHF1Tr l.
ton or Billek should not take place until
the court had passed upon the right Of
Blllek 10 appeal from the decision of
Judge Lands in refusing 10 grant a
writ of habeas corpus. a tremendous crowd
gathered around the jail at an early hour.
A detail of policemen was constantly en-
ployed in keeping the throng moving.
An old woman who reached the jail
shortly after o'clock created disturb
ance by pounding on the door and crying
out to the police that the authorities were
about TO hang an innocent man. She was
taken away, but continually returned and
pounded on the jail door. She was fol-
lowed by "A large crowd. Finally IL was
found necessary 10 take her into custody.
II is believed she is insane
Claim of the Defense.
When Judge Lands opened court to-
day, he said 10 the attorneys for the
state:
Y desire the state TO inform the sher-
If not 10 execute the sentence until he
has heard from this court"
I'VE have already notified the sheriff
TO that effect said the assistant state 5
attorney.
Counsel for Billek yesterday asked that
the writ OF habeaS corpus be issued 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 re-
fused 20 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.
Appeal Allowed.
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 is
sued an order granting delay until the
matter could be passed upon at Washing
ton
The ruling caused intense delight among
the friends of Billek. many of whom be
heve him entirely innocent, and a still
greater number OF whom believe that the
proof against him is not absolutely con-
elusive The fight TO save his life, as Il
has been conducted thus Tar, has been one
OF the most strenuous and energetic ever
witnessed in this city in a similar case.
Indefinite Lease of Life.
The hour set for BHleBs execution was
II o'clock, and Billek, who now has an
indefinite lease Of life pending the deci-
sion 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 il was
announced that Judge Lands had granted
an appeal 90 the supreme court. The up
roar on the outside conveyed the news TO
the prisoners IN Jail, many OF whom re
Gently signed a petition 10 the governor
asking for a stay OF proceedings OF a
Communication. They set up a teTTifir shout,
which they continued for several min
utes, the noise being heard for blocks.
History Of the Case.
Herman Bmek. Bohemian fortune tel
Ter, was tried and convicted of poisoning
to death Mary Nzral, % years OF age, and
was accused Of directly causing the death
of five other members Of the Nzral fam
fly. MIS-. Rose NZTal, the mother of Mary
NZral committed suicide when she was
arrested as an accOmplice OF Billek. The
deaths in the NzTal family all occurred
within period % two years.
The testimony at the trial which was
held before Judge A. G. Barnes, showed
that Billek went TO the Vzral residence
with his alleged charms and the remark
able series of deaths followed. The al
legged motive was the life insurance money
IN each case, the amount varying from
500 TO S695 As the result of the trial
Billeks punishment was fixed at death.
Since then he has been within the shadow
day; the first date for the hanging had
been fixed as October II. 1907, and the
other dates were November s, 1897, and
April %. 1903.
Activity of Pauist Priest.
The pOstponements IN each case were
70 permit further investigation II hav-
ing been charged that Billek's conviction
was the result Of pcrjured testimony due
to suggestion and intimidation on the part
OF the prosecuting attorneys and the po-
lice. This charge was made through the
pulpit OF St. Mary's church by the Rev.
p. j. O'Callaghan superior Of the Pauiist
Fathers in this city Principally through
the efforts OF Father O'CaIlaghan an af-
fidavit was recently made by one OF the
principal witnesses against Billek. Jerry
Vzral, 18 years of age, a survivor of the
Vzral family. that testimony against Bill
lex by affiant was wholly untrue.
Six of the twelve jurors who tried Bill
lex have since gone on record TO the
effect that they would not have found
Biliek guilty but for the testimony of
Jerry VZral.