Evening star., 1932-07-18
SUIT TO Be FILED
IN STARK DEATH
Relatives of Alleged Victim of
"Third Degree" Seek $780,
600 From County.

MINEOLA, N. Y, July 18 (P).-
Detective Charles Wesser was Or
dered placed in the custody Of the
sheriff today after reluctantly ad-
hitting that he had seen Hyman
Stark, who later died of broken
adams apple, lying unconscious and
stripped to the waist on the floor at
police headquarters.
BY the Associated Press.
MINEOLA, N. Y, July 18.-Nassau
County, an attorney announced today,
is to be sued for 100000 for the death
of Hyman Stark, who died after lengthy
interrogation" during which he re-
ceived almost countless bruises and had
his Adams apple smashed.
Samuel Leibowitz, attorney, said dur
ing progress of John Doe inquiry into
the death, that he had been retained
by Stark's family to sue for the amount
of money the former convict and mar
cotic addict might have been eX-
pected to earn during an honest life
time"
LeibowitZ said the damage action
would be brought in New York City and
that he had already taken the first
steps He Is also counsel for one Of
the three men arrested with Stark and
asserted that their defense on charges
of having assaulted the aged mother of
county detective during a robbery
would be extremely simple"
District Attorney Elvin Edwards
sought to show through a succession of
police witnesses, all Of whom waived
immunity, that Detective Joseph Hi
zenski, son of the assaulted woman,
was trying to shield the one really
guilty for killing Stark by taking the
rap" himself
At one point he charged that there
was a conspiracy among the police who
knew the true facts to have Heizenski
take the blame. He called a number
of policemen from whom he drew tes-
timony that Stark was not beaten at
the sixth precinct station. to which he
was taken Immediately after his arrest
Il am bearing down on this point, !"
Edwards told Supreme Court Justice
Meier Steinbrink, because joe H.
zenski tried to tell me before this hear
ing opened this morning that he had
beaten up Stark at the sixth precinct
station before he was removed to head
quarters
TeStifieS Police Warned.
Assistant District Attorney Martin
w. Littleton, jr.. testified today that he
had warned police against using any
third-degree tactics on Stark.
Littleton was the first witness at the
John Doe hearing into the death be-
fore Supreme Court Justice Meier
Steinbrink. When I was told that
Stark and three companions had been
arrested for asSaulting and injuring the
mother of a policeman I realized what
might ensue," Littleton testified. Il
warned both Deputy Chief of Police
Frank j. Tappan and an inspector.
Officials Agree With Him.
IT said, remember that one black eye
may spoil a perfectly good murder
case"
Littleton said both police officials
agreed with him that no third-degree
methods should be used. Stark was
questioned by police for eight hours
and died later Friday night of broken
larynx. He also suffered a fractured
skull and many body bruises.
Deputy Chief Tappen and Joseph
Hizenski, son of Mrs. Valera Hizenski,
the woman who was beaten by four
robbers who entered her Roslyn home
and stole 81 and a cheap ring, have
force.
Littleton said he himself took state