Evening star., 1951-09-13
Prosecutor TO Fight
Attempt 10 Restore
Bail for Gross
BY the Assoeiaied Press

NEW YORK. Sept. 13.-Gam-
bier Harry Gross, urbane and
Igrinning after his one-day flight
from his cop guards. was shuttled
through legal proceedings today
to put him back on tap as star
graft case witness.
Brought back from New Jersey
where, he had spent a leisurely
day at the races. he was hustled
before a United States commits
sioner to answer a Federal fugi-
tive warrant issued after he dis
appeared.
Commissioner, Martin C. Epstein
dismissed the Federal charge so
as to formally return Gross to
Icustory of the State, which has
billed him as chief prosecution
witness in its gambling graft trial
Iof Is policemen.
Collapse Threatened Trial.
The trial, still in its jury-pick-
ing stage after two days, had ap-
peared likely to collapse after
Gross. ex-boss Of a multi-million-
dollar bookmaking- empire, slipped
away from guards at his Atlantic
Beach Gong IslandD home Tues
day night.
Before the Federal commits
sioner, Gross was in jovial, wise
cracking mood. Asked If he were
the missing man, he grinned wryly
and said, Il guess I must be-"
Gross attorney said he will seek
to vacate an order Issued after
Gross vanished = forfeiting the
gamblers $25.000 bail. But Dis
trict Attorney Miles F. Mcdonald
said he will fight any attempt to
restore the bail.
Il want to hold this guy" the
prosecutor said.
Prosecutor Is Tired.
Mr.. Mcdonald, tired and grim,
sat in on the proceedings involv-
ing his key witness, and then, with
several deputies and Gross in tow.
drove off from the Federal build
ing.
The district attorney would not
say where Gross would be kept.
"I'm going to put him under
such guard that I'll know where
he is when I want him." he said.
Mr.. Mcdonald said Assistant
District Attorney Julius Helfand
would move tomorrow to adjourn
the trial of the policemen at least
until Monday. 1t was adjourned
until Friday when Gross disap-
'pearance became known yester-
day.
The prosecutor motored to At
lantic City. N. j., during the night
to bring back the wandering
gambler.
Mcdonald Goes to Sleep.
Mr.. Mcdonald and Gross left
Atlantic City about the same time
|-2:15 am. CEST)-but in sepa-
rate autos.
The district attorney arrived
at his Brooklyn Office at Sis am.
and-tired out after two nights of
hunting Gross-went to sleep.
Mr.. Mcdonald said any possible
bailing of Gross again will be up
to Kings County Judge Samuel S.
Leibowitz who ordered the $25,-
600 bail forfeited.
Gross told the FBI in Atlantic
City that he had not fled to avoid
testifying against the policemen
accused of accepting his money to
protect his $20-million-a-year
gambling enterprise. He has told
of paying 81 million a year in pro-
lection money.
Walk In the Sun.
The former betting kingpin
said he had simply strolled away
from his police guard for "a walk
in the SUM-"
Gross was arrested 1.-THE Atlantic
City racetrack by New Jersey State
police late yesterday as police
throughout the Nation were hunt
ing him. He was turned over to
FBI agents on a Federal warrant
for his arrest as a fugitive wit
ness.
He was held in State police
headquarters at Hammonton while
Mr.. Mcdonald and two car loads