The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-01-12
JUDGES STAY
OF EXECUTION
IS HELD VOID
Attorney General Declares
Justice Levy's Action
Without Jurisdiction
JUDGE VACATES STAY
Condemned Prisoners Keyed
Almost to Breaking Point
by 11th Hour Tension
JUDGE vACATES STAY

Ossining. N. r.. Jan. H.
(AP)-When informed that
Judge Levy had vacated the
stay of execution for Mrs. Ruth
Snyder, it was announced ct the
warden's office 1t Sing Sing
prison that the execution would
take place ct IL o'clock ''as
though nothing had happened"
Albany, New York. Jan. H.
(AP)-ln an opinion declaring that
the stay of execution granted to
Mrs. Ruth Brown Snyder by Su.
preme Court Justice Aaron ]. Levy
last night was without jurisdic-
tion or authority and is therefore
void" Attorney General Albert Ot-
finger left to Warden Lawes Of Sing
Sing prison the decision ~ to
whether Mrs. Ruth Brown Snyder
and Henry Judd Gray should be
executed tonight for the murder Of
Mrs. Snyder's husband.
"You will understand that I do
not presume to advise you ~ to
what your action should be within
the limits of such discretion ~ you
may have under the sentence Of the
COURT" the attorney general wrote.
New York, Jan. 12.-(AP)-Su-
preme Court Justice Levy today
vacated the stay of execution which
he granted Mrs. Ruth Snyder last
night.
In vacating the stay, Justice Levy
said his chief concern had been the
interests Of Mrs. Snyder's daughter,
Lorraine. He believed that If the
child's interests would have been
served by having the mother testify
in person at the trial Of her claims
against the Prudential Insurance
company, the stay should have been
granted.
"This court has jurisdiction to
continue the stay il it so DESIRES"
he said adding that if he had secR
fit to continue he would have done
80.
New York, Jan. 12.-(AP)-
Desperate legal fights were waged
today in the 11th hour attempts to
stay the execution tonight of Mrs.
Ruth Snyder and Henry Judd Gray,
slaycrs Of the woman's husband.
Hearing on the stay granted Mrs.
Snyder last night was unexpectedly
changed by Supreme Court Justice
Levy from 10 o'clock tomorrow
morning until 2 p. m. today and
later set back to sis p. m.
Asks Habeas Corpus Writ
Meanwhile Gray's counsel filed
formal application with Federal
Judge Goddard for a writ of habcas
corpus to halt Gray's execution, and
decision in this action, it was an
nounced, would not be made public
until o'clock this afternoon.
Should Justice Levy decide there
is cause for delaying Mrs. Snyder's
execution because Of the suit Of her
daughter to collect Snyder's insur-
ance, the state will ask that he
vacate the stay and if he declines
the case will be taken before Presi-
ding Justice Dowling Of the appel
late division.
Claims Stay Is Illegal
Attorney General Ottinger 1t Al
bany meanwhile ruled that the stay
granted by Justice Levy was illegal.
contending that only the governor
could stay the sentence Of death.
Whether the warden would act on
this ruling and carry out the exc
cutions tonight was not announced.
While the legal battle waged in
New York and Albany, all remained
in readiness for the execution ut
Sing Sing prison. When Execution
er Robert Elliot heard Of the court
stay he telephoned the prison for
instructions and was told to hold
himself in readiness.
The prisoners themselves knew Of
tn; latest development and, though
they said nothing, it was said that
both were keyed almost to the
breaking point by the tension.