The Waterbury Democrat., 1935-06-05

Faber, who graduated with honors from Massachusetts Institute of Technology only few years ago, entertained himself with books and magazines. Guards said he was moody and irritable.
 Murton's eyes have troubled him and he complained that he was blinded by the glaring lights played constantly into his window less cell to permit guards to watch his every move. He askew rela. lives to bring him an eye-shade.
 One slim hope for Faber re- mained, but the possibility of a stay of execution was so remote that neither he nor his relatives anticipated intervention.
 Three Plans for Faber
 Attorney William R. Scharton, Faber's counsel, planned to appear before Justice Stanley E.. Qua of the State Supreme Court today and seek:
 IA habeas corpus writ to de- liver Faber to him on the ground he is legally dead.
 2.-A mandamus writ to com pei .Attorney-General Paul A, Dever to consent to quo warranto proceedings.
 s.-A stay of execution pending final adjucation of his other legal moves.
 Faber Legally Dead
 Scharton's contention that Faber is legally dead is based on his claim that Governor Curley had. no right to exercise gubernatorial powers because he was improperly sworn into office. Scharton argues that when the governor, by respite, delayed the execution beyond April 28 the automatically deprived the state of the right to take Faber's life.
 Attorney-General Dever yester- day rejected Scharton's application for quo warranto proceedings in the supreme court.
 At the same time, George Stan- ley Harvey, counsel for the Millens. lost his fight to force a new men, tai examination of his clients.
 Police, considering the possibil- ity of reprisals, announced that until after the executions the homes of Governor Curley and Correction Commission Arthur T. Lyman would be guarded. :.
 Chair Is Tested
 Boston, June 5 = (UP) = Massachusetts electric chair was tested today for Fridays triple execution in which the Faber-Mil- len trio of killer-bandits will pay with their lives for the most sem sational reign of terror in state history. Murton Millen, his younger brother, Irving. and Abe Faber, college honor graduate, will go to the chair in that order for the murder of one of two police men slain by machine-gun fire in a $15,OOO Needham bank hold-up 16 months ago. The Needham murders were only two of four of which the trio were accused.
 Cells Kept Lighted
 Faber and the Millens were transferred yesterday from the ancient Cherry Hill section of State Prison to the dath house, where they will be confined to small. windowless, brilliantly-lighted cells until the first minutes of Friday morning. Then they will march the dozen steps to the electric chair. At the switch when they go to their deaths will be Robert Elliott, veteran executioner, who inflicted the extreme penalty up- on such notorious slayers as Nicola Sacco and Bartolomeo Vanzetti, Ruth Snyder and Judd Gray, and. more recently, Bobby Allen. Penn sylvania's American Tragedy" killer.
 Millens Are Resigned
 The Millen brothers are resigned to their fate, while Faber still hopes that Attorney William R. Scharton may be able to perform the seemingly impossible feat or baking the execution. Scharton has challenged Governor. Curiey's right to hold office, claiming ne was improperly sworn. It was the governor who postponed the exc cution from April 2S.