will be held in Chicago on r•n- Ruby, Oswald Slayer, Dies day morning, Mrs. Grant said. Ruby was operating a night club with strip-tease dancers in Dallas when President Kennedy Of a Blood Clot in Lungs was assassinated on Nov. 22, 1963, during a political tour of Texas. Two days later Ruby walked Shot Kennedy Assassin as into the heavily guarded Dallas police station—apparently un- Millions Watched on TV noticed—and shot Oswald in the stomach with a .38-caliber —In Prison 3 Years revolver as Oswald was about to be transferred to the Dallas 1111/1 County Jail, a mile away. Excerpts the recorded Millions of people watching from television saw Ruby fire the Ruby statement', -Page 20. • shot into Oswald,. Ruby said he shot the assas- By MARTIN WALDRON sin to spare Mrs. Kennedy the Special to The New York Times pain of returning to Dallas to DALLAS, Jan. 3—jack Ruby, testily at his trial. who shot President Kennedy's During the following three assassin before a nationwide years, all of which he spent in prison until his final hospital television audience, died at stay, Ruby steadfastly denied 10:30 A.M. today at Parkland that he was part of any con- Memorial Hospital. It was the spiracy to silence Oswald. same hospital in which Mr. In March, 1965, Ruby was con- Kennedy and the assassin, Lee victed of murder after a sensa- tional trial in which he was Harvey Oswald, died. defended by Melvin Belli, a San Dr. Earl Rose, the Dallas Francisco lawyer. Ruby was County medical examiner, said sentenced to die in the Texas that Ruby, who had extensive electric chair, at Huntsville. cancer, was killed by a blood In October, 1966, the Texas Court of Criminal Appeals re- clot in the lungs. Ruby was 55 versed the conviction. The court years old. said the trial judge, Joe B. Dr. Rose, who performed an Brown, had allowed illegal tes- autopsy, said the blood clot timony. (apparently formed in a leg this In granting a new trial, the 'morning and traveled through appeals court ordered that it be held elsewhere in Texas. The the heart to the lungs. second trial was set for Wich- The examiner said it was a Associated Press ita Falls, about 100 miles west of Dallas. The case was pending massive clot that would probably Jack Ruby have killed Ruby even if he had when Ruby died. not been weakened by cancer. Charge to Be Dropped But he said cancer would be since Dec. 9, said Ruby's death District Attorney Henry Wade listed on the death certificate was not completely unexpected. said today that the murder in- as a contributing cause of death. Dr. Frenkel said Ruby had dictment against Ruby would Dr. Eugene P. Frenkel, head begun showing signs about 11 be dismissed. It is customary P.M. yesterday that he might in Texas to dismiss criminal of a team of physicians who charges when a defendant dies had treated Ruby for the cancer Continued on Page 20, Column 1 before coming to trial. Shortly after Ruby's convic- tion was reversed last fall, he began to suffer a dry, nagging cough, according to Dr. John W. Continued From Page 1, CoL 3 Callahan, a Dallas County Jail have developed blood clots. He physician. was given oxygen and appeared "Jack also had trouble keep- ing food on his stomach," Dr. to respond "well," the physician Callahan said. "I thought it said. was just his nerves." "This morning he was quite Dr. Callahan treated Ruby comfortable," Dr. Frenkel said. with penicillin and suggested "He went through the normal that he take a cough syrup. hospital routine. He had his Early in December Sheriff J. bath and ordered eggs for E. Decker, after returning to breakfast, and he was quite work from a stay in a hospital, jovial." talked to Ruby in his jail cell At about 9 A.M. he was on the sixth floor of the county seized with a spasm. Death jailhouse. came an hour and a half later Ruby told the sheriff he was despite emergency procedures, not feeling welt. The sheriff Dr. Frenkel said. ordered Ruby taken to Park- One of Ruby's sisters, Mrs. land Hospital for examination. Eva Grant, and a brother, Earl At the hospital, doctors ad- R Ruby, were waiting in a hall mitted him at once. His ailment outside the emergency room Was diagnosed as pneumonia. when Ruby died. The next day doctors discov- ered he had cancer. In the next Funeral in Chicago week they determined that the A funeral service for Ruby cancer was spreading. Dr. Frenkel said today that the autopsy did not disclose the primary site of the cancer. It had been thought that it start- crease in the size of the nodules nothing more than murder with- ed in the lungs or pancreas and in the left lung," he said. out malice, a crime that carries then spread. But he said it was "a little a maximum penalty of five "The pancreas was not in- unlikely" that Ruby would have years imprisonment," one of his volved," Dr. Frenkel said, "This recovered from the cancer. lawyers said here yesterday. leaves the lungs as the probable "There was too much involve- The lawyer, William F. Kun- primary site." ment," he said. stler, said in a statement that Dr. Frenkel said 'Ruby's can- Brain to Be Studied such a verdict—of murder with- cer was identified as an adeno out malice—"would have helped Further tissue examination carcinoma. He explained that to establish that what Ruby did will be undertaken, Dr. Rose, this type of cancer spreads in Dallas on Nov. 24, 1963, was the medical examiner, said. This through cavities and ducts in solely the result of spontaneous will include a study of brain the body. reaction to the President's as- tissue. Dr. Rose said the autopsy sassination." Dr. Rose said preliminary ex- showed "extensive" cancer in- amination -a the brain lining volvement of the lungs and the did not disclose any signs of regional lymph nodes, with a epilepsy. Ruby's lawyers dur- tentative involvement of the ing his murder trial in 1964 liver. said his slaying of Oswald could Ruby weighed 147 pounds at be linked to epilepsy. his death, about 30 pounds less Dr. Frenkel said that after than when he was admitted to Ruby's seizure at about 9 Parkland Hospital on Dec. 9. o'clock this morning he was Dr. Frenkel said some of the given external heart massage weight loss was accounted for and oxygen. by the drainage of fluid from "He was not responsive," the Ruby's chest when he was ad- physician said. mitted to the hospital. The day About 20 specialists and after he was admitted doctors curses were attending Ruby removed more than 10 pounds When he died, Dr. Frankel said. of fluid from the chest by Dr. Rose and Dr. Frankel. means of drainage tubes: who held a news conference at Dr. Frenkel and Dr. Rose 4 P.M., refukted to say that would not estimate how. long Ruby's cancer caused the blood Ruby might have lived had he clot that killed him. not suffered the blood clot. "Yes and no," Dr. Rose said. "It did and it didn't." Burial in Chicago "There is a predisposition for seeds! to The New York TImu people with tumors to develop blood clots in the legs," he said. CHICAGO. Jan. 3—Jack Ruby In addition, he said, Ruby had will be buried beside his parents been bed-ridden for almost a in Westlawn Cemetery here. month and had lost much of his Hershey Weinstein, president energy because of debilitation of the Original Weinstein & caused by the cancer. Sons Chapel, said today that Dr. Frankel said that even services and burial would be though it appeared last night held Thursday afternbon or that Ruby might have developed Friday morning. a small blood clot "because he Although Jewish law calls had trouble getting his breath," for burial as quickly as possi- medication to keep the blood ble, the undertaker said, the from clotting was not adminis- need to transport the body from tered. He said the damage that another city is considered ex- such medication might have tenuating circumstances. caused to a cancer-stricken pa- Mr. Weinstein said final tient could have been greater funeral arrangements would be than its benefits. made tornornav when one of "And we didn't know that he Ruby's brothers, Earl R.-Ruby, was throwing clots," he said. of Detroit, and two sisters, Mrs. Harold Kadminsky, of Chicago, Dr. Frenkel said the autopsy and Mrs. Eva Grant, of Dallas, disclosed that Ruby's cancer arrive here from Dallas. was just beginning to respond Other relatives of Ruby, who to treatment by a new drug, live here in his home town, are 5-flouricinal. two "An X-ray study carried out sisters, Mrs. Norman Car- roll and Mrs. Ann Volpert, and last Friday demonstrated a de- two brothers, Sam Ruby and Hyman Rubenstein. Mr. Weinstein said that in the large family plot only Ruby's parents were buried at Westlawn, which is on the northwest side at 7801 Montrose Avenue. View of Lawyer Here Jack Pcuby's death denied him the opportunity "to have a jury decide that he was guilty of THE NEW YORK TIMES, WI

.Att ••,•

Amodated Preis Vil.mpla AFTER DEATH OF BROTHER: Members of the family of Jack Ruby leaving Parkla, Hospital, Dallas, yesterday. From left: Earl Ruby, Mrs. Eva Grant, Mrs. Eileen Kaminsky. Excerpts From Ruby Tape

Following are recorded ex- ly realize that something had cerpts from a conversation be- happened? tweet' Jack Ruby and his broth- JACK—Well, it happened in er Earl at an unspecified time such a blur that—it happened between last Dec. 15 and Dec. 18 —it happened in such a blur in Jack Ruby's room at Park- that before I knew it I was land Memorial Hospital in Dal- down on the ground. The of- las, The conversation is part of ficers had me on the ground. an album on President Ken- EARL—Had you realized nedy's assassination being you had done anything ? sued by Capitol Records. JACK—Well, really, it hap- EARL RUBY [in Yiddish] pened so fast I can't recall —I have a tape recorder in what happened from the time this case. I came to the bottom of the [Fiar1 Ruby spoke in Yid- ramp — until the police of- dish, Capitol Records ex- ficers had me on the ground. plained, to alert his brother EARL—You have no recol- but not the guards in the room to the presence of the ]colon? tape recorder After his first thatJACK—No. they were holdingBut I know my statement, the company said, hand and grappling for the Earl Ruby placed the recorder gun. on an air-conditioner, causing interference that reduced the EARL—Dld you know Os- clarity of the conversation. As Wald before? the recording continues, with JACK—I never have ktown both men speaking now in him or seen him before. English, Jack Ruby begins to EARL — Had you ever describe his activities on the planned anything like this? morning of Nov. 24, 1963, the JACK-1 was so emotion- day he shot Oswald to death. ally upset for three days. His words are garbled at first, EARL—Is there any truth then gradually become intelli- at all to the stories that Os- gible.] wald had been in your club JACK RUBY — . trying or anywhere... to send the money and natur- JACK—[Interrupting] None ally . . . took my money — whatsoever. It's a fabrica- took the money I sent away Lion. a long time and walked down EARL—Normally you car- the street. Curiosity had ried a gun with you, didn't aroused me because it flashed you, Jack? in my mind, seeing the people JACK—Yes, I did. I al- there before I went to it, as ways carried a gun because I drove by on Main Street — of various altercations I had on the south side of Main in my club. And then I car- Street. I walked toward the ried a pretty large sum of ramp. I noticed the police money at times. The ironic squad ear at the head of the part of this business [is], that ramp and an officer leaning I made and illegal turn be- over talking to him with his hind a bus at the parking back to me. All I did is walk lot. Had I gone the way down there—down to the bat- was supposed to go—straight torn of the ramp and that's down Main Street—I would when the incident happened. never—I would never have EARL—Did you recognize met this fate because the dif- anybody when you Peached ference of meeting this fate the bottom of the ramp? was 30 seconds one way or JACK—No, but I recognized the other. a police officer in the car— EARL—Did you know when that was in the car. He was Oswald was supposed to be Lieut. Sam Pierce. And this moved [from city to county other man was just talking jail ? to him. JACK—He was supposed EARL—When did you final- to be moved at 10 o'clock. RUBY SAYS IN TAPE NO PLAN EXISTEI

He Denies in Recording Tha. Oswald Had Been in Club In another development yes- terday, State Supreme Court In a tape-recorded conversa- Justice Samuel H. Hofstadter continued a stay granted last tion less than a month before Friday by Justice Samuel M. his death...Jack Ruby told he Gold blocking the sale of an Os- brother that he had no recollec- wald interview recorded three tion of the moment in which months before the assassination. he fatally shot Lee Harvey Os- The suit was brought by the wald. Information Council of the cers had me an the ground." Americas, a nonprofit organi- The three-minute conversa- He told his brother he car- zation based in New Orleans, tion was recorded in Ruby's ried a gun because "of various against Audio Fidelity Records, maximum security room at altercations I had in my club. Inc., Truth Records and four in- Parkland Memorial Hospital in And then," he added, ''I carried dividuals. Dallas sometime between last a pretty large sum of money The council said it had bought at times." the tape for $6,500 from Wil- Dec. 15 and 18. As for the shooting of Os- liam K. Stuckey of Evanston, It will be part of a long- wald, he said, "it happened so Ill., who interviewed Oswald on playing record entitled "The fest I can't recall what hap- Aug. 17, 1963. The court must Controversy: The Death and the pened from the time I came to determine who owns the tape the bottom of the ramp until upon which the recording is Warren Report" being produced the police officers had me on based. by Capitol Records. the ground." It was played publicly for the He told his brother that he first time yesterday at a news knew Oswald was going to be conference in the Americana moved from the jail at 19 o'clock on the morning of the Hotel called by officials of the shooting, two days after Pres- record company. ident Kennedy's assassination. The record company spokes- Ruby's portion is one of the men said the taping was made briefest on the record. Among with the help of Ruby's brother, the other voices heard are those of Malcolm Kilduff, an assist- Earl, who carried a recorder ant White House press secre- congealed in a dispatch case tary at the time; Representa- into the hospital room past un- tive Earle Cabell, a Texas suspecting police guards. the vineinity of the as- The record company's repre- number of persons who were in sentatives declined to say who Democrat, and his wife, and a had arranged for the recording sassination. to be made. A spokesman for the record company said yesterday that Tells of Morning's Events there had been technical diffi- Above the sound of a whir- culties in preparing the Ruby ring air conditioner, a voice tape for the record. identified by Capitol Records as He said Earl Ruby had placed Ruby's haltingly describes . the the dispatch case containing events of the morning on which the tape recorder on top of air he killed Oswald. air-conditioner, the noise of Ruby says that his presence which had blotted out some of at the Dallas County Jail re- the conversation. sulted from his making an "ii- ; The spokesman said the com- legal turn" behind a bus and i pany had re-recorded the orig- winding up in the jail parking 1 inal tape, using a number of lot. processes that reduced the in- "Had I gone the way I was terference. Even so, some of the supposed to go—straight down 'conversation remains unintel- Main Street—I would never iligible. have met this fate," he says. In response to a question from his brother as to whether Os- wald had ever been in Ruby's Dallas night club, Ruby • de- clared: "It's a fabrication." Recalling his walk down a ramp into the police .station from which Oswald was at that moment being removed, Ruby said: "It happened in such a blur . . . before I knew it I was down on the ground. The offi-