New Britain herald., 1926-02-05
HAVANA IS FREED
 IN MURDER TRIAL
Jury Ignores Evidence Given by
 Slayer Ross

hllltulu, I' l'i EGD. - rho story Of Ambrose J. Ross brought
 rom tho death house at Sing Sing prison to testify against Stanley klvana, being tried for the third time for murder as a result of the Bellmore, L. l.. bank robbery, did not convince the jury in the Nas- sau county court here yesterday that Klvana was guilty. They acquitted him an hour and a half after the case had been turned over to them.
 klvana was held In s25,0oo bail as @ material witness, because in the story he told Of seeing the men leave John Slattery's Old Home- stead hotel in Long Island City on the day of the murder. and Dis- trict Attorney Elvin Edwards hopes that, as the result of Ross's story, he may be able to obtain the indictment of some of the men of James Cuniffe's gang. who, 1t has been testified, committed the rob. bNly anu IlCSH ltStlutu pe~ fore the grand jury yesterday, and picked out the pictures of three men as those who had been with him on the robbery.
 Verdict Not a Surprise
 The verdict was not surprise. It was not expected that Klvana would be convicted after his tT6 previous trials, one of which re- suited in 6 disagreement. But hls counsel did not hope for quick acquittal. So when 1t was an- nonuced at 6:07 o'clock that the jury had reached 8 verdict there was a buzz of incredulous excite- ment In the courtroom. It had been empty since County Judgs Lewis J. Smiths charge of all ex- cept 8 few persons, of whom Mrs. Ernest Whitman, widow of the bond salesman, who was killed as he entered the bank, was one. She has sat all through the trial and remained almost alone in the toul ltoOHl dh dltlHS d uSCiSIull'
 When the jury filed in and the foreman. Henry L. Jackson of Cedarhurst, a builder, stood up to announce the verdict, Klvana stiff tened and watched him with every muscle tense. His wife and her sister, Mrs. Bertha Bransfeld, and William and Barney Klvana were seated among the spectators and leaned forward In their chairs, tho women with handkerchiefs to their mouths. fE.
 The words "Not Guilty" fell from the foreman's lips and Klvana sway ed little and then sat down sud denly. He smiled faint smile, but then paled and seemed dazed and overcome by his good fortune. He looked around almost stupidy, seemingly not recognizing his wife or brothers, who were almost jump ing from their seats in their delight and eagerness to be with him and reassure him.
 Klvana Embraces Wife
 Then. as he apparently realized that he was free, after three trials, and eleven months in the death house, he relaxed, and when his wife went over to him, threw his arms around her neck and drew her down 10 him for a moment.
 As soon as the verdict was ill. District Attorney Edwards asked that klvana be held in $25,000 bail as a material witness in connection with the murder. He is wanted to testify before the grand jury which Is now hearing evidence against five other men as the result of Rosss testimony in the morning.
 Ross will be held at the Mineola iail until the roads are passable enough so that he may be taken back to Sing Sing. Klvana could not get bail tonight and was locked up in the jail. not far from the cell of the man whose testimony had been relied upon to procure his convic- ton.
 The only hope for Ross now lies in Xecutive clemenCy. IL was only two and half hours before he was to | have been executed on Jan. 22 that | he said he was willing to tell the 1 whole story of the robbery and mur- | lerand as q result Governor Smith | granted him stay of sentence so | that he might tell his story 10 Dis l ,rict Attorney Edwards. His appear lnce on the stand was that of q man | who had exhausted all other hope, ! gambling with his story for his life, ] hoping, as he said, that it might be | of som" help in saving him from the | electric chair. Whether that hope is o be realized now depends on Gov arnor Smith.
 Mrs. Whitman Seems Unmoved
 T never believed Ross story" said Mrs. Klvana. after the verdict. I am very happy now, I'll have rood news for my little son to- light."
 Mrs. Whitman sat silently in a ,orner Of the room. and was appar- .ntly not at all moved by the yer lict.
 %I have nothing 10 say" she said. I feel I must accept the inevitable"