Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-12
Delay Granted by Justice
Levy Is Not Binding. Attor'
ney General 0ttinger De-
cides From Albany.
CASE MAY BE CARRIED
TO APPELLATE DIVISION
Executions Will Take Place To-
night if Edict Is voided-Prls'
oners Learn of Latest Develop
ments-Both Keyed to Highest
Tension.

D, the Associated FTea
NEW YORK, January l2.-Hear-
Ing OF 4 stay OF execution Tor Mrs.
Ruth Snyder was postponed from
z clock until Sis today at the re-
Quest al Edgar f. Hazelton, her
Chief OF counsel. The hearing had
originally been set Tor 10 o'clock to-
morrow morning. but was changed
to , o'clock a; reques, OF the at
torney generals Office.
This hearing is independent OF the
action ordered by the attorney gen
ersl ior vacation OF the stay on the
ground tina, II Is illegal.
1t Justice Levy decides. a. result
Of the hearing. tina, there Is no cause
for delaying Mrs Snyders eNecu-
ton. il Will take place al II O'Clock
tonight. as scheduled. barring uneX-
pected developments.
If Justice Levy decides that there
is cause Tor delaying Mrs. Snyder /:
execution. he will then be asked BY
the State 10 yacate his stay. and II
he declines, the case will be iaker
before Presiding Justice Downing oil
the Appellate Division.
Aid to Lorraine.
Justice Levy said he had advanced
the time oil the hearing on request
OF Deputy Attorney General Boyer
All / want" said the justice. is
10 give the child Lorraine mrs
Snyder's little daughter. who is bene-
hciary OF the insurance IN case Mrs.
Snyder is cxecutcdg q chance TO be
heard ] do not care when it occurs
ii it will serve the purpose OF the
State"
In announcing his changing the
time. Justice Levy said that the
opinion OF Attorney General Uttipger
III ruling tina, the court order did aoi
act a. stay OF execution was just
A. good as amy other lawyer $.
SAMUEL l.. Miller. attorney foi
E,nry Judd Gray. today flied forma
application with Federal Judge God.
6ard for writ of habeas corpus Il
halt Grays execution, scheduled fol
tonight
Judge Goddard acted upon the ap
ptlcaslon. but referred all inquiries
as 10 The nature 81 his action IL
Miller VINO said he would not re-
veal whether IL had been fayorabis
o. uulayoraoie until O'Clock mi.
afternoon.
Goy smith was I'm conference tods
with his legal adviser. Edward j
Griffen. in his suite at the Hote
Fillmore 1t was learned that he haS
been in telephone communication
with Attorney General Ottinser ant
Warden Lawes Of Sing Sing prhson
relative to the legality of the stay O
execution granted Mrs. Ruth Snyder
he gave no indication that he hat
made decision in the matter.
When the stay was granted Mrs.
Snyder had apparently given UP hope
Joseph Iona rdO. one Of her attorneys
who vis.feo her in the death house
% secure her signature 10 the sp
pl.easio for a writ Of hsbeas corpus
SAID ne found her Respondent.
Both Claims Kefuted.
Mrs. Snyder looked like dead
woman" Lonsrdo said when
wen, into The death house she touched
my hand. and sfe wss 81 cold - Ice.
Il toOk her other hand. IL VAS liks
sootheF piece Of ire. touched hei
hssd. J. was frozsn.
Cheer up. Ruth, ] said, You re
NJ dead %ei
"'No. ,he said. finally. but In
afraid In going 10 be.
Ehe talked bsent.rnindedIf, ~ II
she could 10, bfing her thoughts u
MAT Ane wanted 10 say.
IN young woman she "a 10
I'm young and "a the prime OF hfe
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