Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-19
Supreme Court Refuses to Act
in His Case.
LAST HOPE IN GOVERNOR
Condemned to Be Hanged, Has Been
Many Times Reprieved.
UNUSUAL GROUND FOR APPEAL
Judge in Passing Sentence Failed to
Ask if Prisoner Had Any
thing to Say.

The Supreme Court OF the United states
today dismissed for want Of jurisdiction
the appeal of Herman Billik from the de-
cision of Judge Lands Of the United
States circuit court for the north district
OF Illinois. denying the petition for a writ
of habeas corpus in the case of Billik,
who Is under sentence of death in Chicago
on the charge of numbering a number Of
people.
The petition was based on the plea that
Billk had been denied constitutional
right by the failure Of the trial court to
ask him if he had anything to say why
the sentence of death should not be passed
upon him.
BY taking the case into the United
States courts on a petition for a writ
Of habeas corpus and appealing to the
Supreme Court from Judge Lands de-
NAL Of the writ he obtained a years de-
lay. but it is probable that he will not
get another stay of proceedings, and
therefore that the sentence of the trial
court will soon be executed.
Charged With Many Crimes.
Billik was a necromancer. and it was
charged that he obtained undue control
over his victims by practicing upon their
charged against him. but the most seri-
Gus was that of numbering three or four
members Of the Vzral family of Chicago.
after robbing them and betraying their
confidence in many ways.
The new federal statute requiring fed
eral courts to issue certificates OF proba-
BILE justification in granting appeals in
criminal cases was brought into use for
the first time in connection with this
case. the states attorney for Cook coun-
ty citing the law for the purpose OF
showing that it had not been complied
with and on that account asking for the
dismissal of the case.
Convicted of Murder.
CHICAGO, October 19-The refusal to-
day of the Supreme Court OF the United
States to act in the case of Herman Billik
Of Chicago brings to an end one of the
most notable struggles ever made in the
history of American Jurisprudence to save
the life of condemned man. Billik, in
dlcted two years ago for the murder of
five members of the Vzral family. was
tried on one indictment and convicted of
the murder of Mary Vzral. Sentence of
the court was that he should hang.
Billik was without money, and for a
time it seemed that the sentence of the
court must be carried out because of the
lack of funds to carry the case to a higher
court. Billik had not been in his cell
many weeks when the Rev P. J. O'Cal-
laghan of the Paulist fathers. after a visit
to the prisoner, became convinced of the
latters innocence and began fight for
his release.
Mass meetings were held at the insti-
cation of the priest and funds were col
lected with which to carry the case to
the supreme court of Illinois.
Last Hope With Governor.
Gov Deneen granted a reprieve which
saved Billik from the gaIlows pending a
decision by the supreme court. This de-
cision was adverse to Billik. whereupon
Father OCallaghan succeeded in bringing
the matter before Gov. Deneen and the
state board Of pardons. They, too. could
find no reason to mitigate the death sem
tence and the date for execution was
again set. Undismayed. Billik's friends
carried the case before Judge Lands In
the United States district court on the
day set for execution. asking for a writ
of habeas corpus. Judge Lands refused
to release Billik on the ground that he
had no jurisdiction.
With Re time for the hanging only a
few hot4s away, Gov. Deneen again re-
proved the prisoner to give him a final
chance to appeal to the Supreme Court
OF the United States. With the adverse
decision of the court today Billik's last
hope lies with the Governor of Illinois.
Whole Family Slain.
The members of the Vzral family whose
deaths were laid at the door of Billik were
Martin, the father; Martin. lilly and
Rose, children of Martin, and Mrs. Mar
tin Vzral, mother of the children. Post
mortem examinations uncovered traces of
arsenic in the stomach of each, DAMAGING
testimony was given against Billik by
Jerry Vzral. 1t was the story he told
that friends of Billik declared made the
conviction of the defendant certain.
A sensation was created later when
Jerry retracted this testimony before the
board of pardons. He claimed that his
evidence in court had been given under
duress. The defense relied largely on
this retraction in making the fight to
save the prisoner from paying the penalty
for the crime charged against him.