Show rs S 0 er Graj ra Fust US Ue Ie 6 4 r Au 11 Moves Fail to Stay i Execution of Slayers t Court Order Held Void I Weeping VI Mother Says Says f F Farewell to Ruth S Snyder Shy Shy- y der at Prison LEVY IS OVERRULED Error of High Court Justice Justice Jus Jus- 1 tice Pointed Out OutI I S NEW NEW YORK Jan 12 iz Su AP AP Su preme premo Court Justice Levy today va vacated va- va the stay of execution which he gra granted ted Mrs Ruth Snyder last lut night a aNEW H NEW YORK Jan 12 United Ruth Press Ruth Snyder and Henry r Judd Gray must die in the electric chair chai at Sing Sing prison prison shortly I after 11 o'clock tonight failed ln t Their attorneys every move to circumvent the execution and ad no possible legal loophole J seemed left j Events moved r rapidly during the the- day and each development tended to clinch more firmly the certainty of ot the execution A stay granted g anted by Supreme Court Justice Aaron Levy was was hel illegal Albert by lbert 7 r attorney general who r rUled filed tb that that-J- t Warden Wirden Lawes ves should pr proceed ceM with th execution SING SING SINt PRISON New NewYork York Jan 12 United Press Press Press- Press Mrs rs Josephine Josephine Josephine Jo- Jo Brown mother ot of R Ruth th Snyder and Andrew Brown brother of Mrs Snyder arrived at atthe atthe atthe the prison today to say farewell who nho Is expected to Mrs Snyder to be executed tonight Mrs Brown appeared broken Tears filled her eyes as she was led through a a. crowd of reporters to her daughters daughter's daUgh death ath cell ALBANY N. N Y Jan 12 APAt AP- AP At the request of Governor Smith a deputy attorney g general eral went before before be- be fore tore the appellate department of ot th the supreme court first department In New York this afternoon to ask that the order of ot Supreme Court ourt Justice Levy staying the ex execution execution ex- ex of Ruth Brown Drown Snyder be vacated I I 1 have hava considered the views stated in the memorandum written written- by Mr Justice Levy at the foot foot 0 of the order and have examined th he the cases cited by him the at attorney attorney at- at torney tomey generals general's letter said None of or those cases to my mind In Involved Involved involved in- in a state of ot facts or or a question question ques ques ques- tion at issue at all aU similar to the present situation None of them Involve the question of or stay of execution execution ex ex- of ot a sentence the Differing respectfully learned Judge I cannot but feel that his procedure Is expressly forbidden forbidden forbidden for for- bidden by section of the code Continued on page 4 Ail All pj Moves Fail to Stay Execution Execution Of 01 1 ii j Slayers Court Order Held Void T Continued from page 1 or of criminal proc procedure ure when U n states statu that Mo No Judge court or officer other than th the tha governor Jo can reprieve or suspend u nd the execution of ot a defendant de defendant de- de sentenced to the punishment punish punish- m ment nt of t death except where A sheriff Js is authorized so to do in a case ease ase and s-nd in the manner prescribed l In th this chapter r NEW YORK Jan l 12 15 AP Goy AP-Goy- Gov Smith Smith was In tn conference toda to today to to- da day with his legal adviser Edward Edard J J. Gren in ire his suite at the Hotel notel Ho no- tel Biltmore It was learned that he be had bad been In telephone communication with Attorney General ottinger Ot Ot- and Warden arden Lawes of ot Sing Sin RInK n. n In tn the tha ii of ot the stay of or execution granted anted Mrs rN Ruth Snyder He lie gave no Indication that he had made advices In the matter F F muel I Ii I. Miller Uller attorney for tor Henry Judd Gray announced this morning he would apply today for fora a writ of or habeas corpus in behalf of of Gray who is sentenced to die In Inthe Inthe inthe the electric chair at Sins sing Sin Sing prison n tonight TO SEEK SEE WRIT The writ be he said was signed by Grays Gray's mother and set forth that the condemned mans man's constitutional rights right had been violated by a. a Joint trial with Mrs frs Snyder Who tho was wl convicted with him At the tile same time timo Mr Miller announced announced announced an- an an an- that he had wired wfred Gover- Gover nor Smith u for tor a a. stay tot for Gra Gray for tor as long a a. time as Mrs r. r Snyder Is granted one unfair to It would bo be f fearfully u permit any advantage to 10 be given Mrs Snyder the telegram read permitting her to enjoy the additional addi day of ot life lite which Gra Gray could not also enjo enjoy I OSSINI OSSINING G N. N T T. Y Jan 12 AP Ar- Ar Uncertainty hung over Sing Bing Sing prison today as liS the exact status of ot the scheduled executions tonight of oC Mrs Ruth fluth Snyder and Henry Judd Gray Oray EXECUTIONER READY Robert Elliott the tho executioner telephoned to the prison today asking asking ask uk- ing whether hether his services cervices would be needed tonight He Ito was told to hold himself In readiness The warden said he had no announcement announcement announcement an an- to make regarding plans for the execution tonight No arrangements have been made he h said but such finishing touches as are needed can be made quickly Usually the last ast preparations preparations preparations are made about noon on the da day of ot execution Both Gray and Mrs s. Snyder he said were were- In Sn as good condition as ns I could be expected |