Evening star., 1952-05-11
Prosecutor Is Guarded
In Threat; Brother Of
Gross Is Protected
BY the Assoeiotsd Press


undertone of terror appeared in
the graft case of five policemen
today with an ugly telephoned
threat to the prosecutor and the
beating up of his star witness
brother.
Victor j. Herwitz, assistant city
corporation counsel, said he re-
ceived the anonymous call at his
home this morning.
Only hours before, Jackie Gross,
"a, said he was beaten up on a
dark street by two men as warn
ing to his brother, Bookie Harry
Gross, to stop testifying about
graft payments to police.
A police guard was assigned
Immediately to Mr.. Herwitz and
his family and to young Gross,
who is single.
Both reprisal measures were
"all of a piece" Mr., Herwitz said.
Recalls Schuster Staying.
The developments recalled the
Staying last March of Arnold
Schuster, "a Brooklyn pants
presser. about two weeks after his
tip enabled police to arrest Bank
Robber Willie (The Actor Sutton.
Mr.. Herwitz said his unknown
caller asked for him by name and
snapped:
you son of a -, you better
lay off,"
Mr.. Herwitz said young Gross
was pummeled and kicked-but
not seriously injured by his as
sailants.
He said Young Gross quoted
them as saying:
This will teach your brother
to keep his trap shut. Tell him
not to testify at any more cops
trials"
Names Police on Payroll.
Gross electrified the depart
mental trial of the five policemen
this week by declaring the city'S
three highest ranking police Of
ficials, since retired, were on his
payroll to protect his $40 million
q year bookie racket.
Gross, seeking a reduction in q
12-year bookmaking sentence, also
named 100 lower-ranked police
men as having taken graft from
him. He told, too, of having ac-
cess to police records and of hav-
ing his own record removed.
The trial of the five policemen
had recessed for the week end
when the case hared again with
the beating and threats. Thirteen
more policemen will 60 on trial
later on charges of taking graft
from Gross.
Sees Gross Unfrightened.
Mr.. Herwitz vowed he would
continue to press the case despite
the threats and said Harry Gross
had not been frightened into ST.
lence by his brothers beating.
I'm warning the man who
called me this morning and told
me to lay Off that I'm not laying
off," Mr.. Herwitz said. "He may
as well stop trying to intimidate
me because I'm going through
with this to the end"
He said he regarded the tele-
phone call las a serious matter" {"
1T could be a crank, you can't
tell. But that is not my opinion, :"
he said.
Believes Gross Story.
Mr.. Herwitz said he belived
young Gross story of the assault.
He said Gross gave this account:
He had a headache and started
out for walk when two men
grabbed him from behind. They
dragged him into a doorway. One
held and the other beat and kicked
him, interspersing the assault
with dire threats in a gravel
voice"
Young Gross described one as
about SO years old, stocky, about
five feet, 10 inches tall, weighing
180 pounds. with dark hair and
wearing blue suit. He said the
other was taller"
The three former high officials
named by Harry Gross were Police
Commissioner William P. O'Brien,
Chief Inspector August w. Flath
and Chief of Detectives William
T. Whalen, all appointees. of
former Mayor William ODwyer,
now Ambassador to Mexico.
Two Deny Accusations.
Commissioner O'Brien and In
spector Flath have denied the &C
cusation. Mr.. Whalen has been un-
available for comment.
Gross said he had named them
also in previous testimony before
q grand jury and expressed won-
der this week they had not been
indicted.
Brooklyn District Attorney Miles
f. Mcdonald, who broke up Gross
bookmaking empire, hotly retorted
in a statement that Gross word
without corroborating evidence
was insufficient to indict.