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Lawyer Charges Racial Bias in Arrest and Beating of Two Jews in Westchester Pool

Charges of racial prejudice may be filed with the Westchester County Park Commission it was indicated here yesterday in Special Sessions court by attorney Irvin E. Klein, as a result of the arrest of two New York Jews, one a physician, for alleged disorderly conduct at the Tibbetts Brook Park swimming pool here Sunday, and a subsequent assault on them by the police.

The accusation that anti-Semitism was involved in the arrests was made in the court by Mr. Klein, attorney for the two Jews. He told Judge Charles Boote that the case “has aroused the interest of the Jewish community of Yonkers.”

Dr. Philip Cohen, 36, of 350 Central Park West, and James Cunningham, 29, of 600 West 178th Street, New York City, were arrested Sunday by Patrolman Emmett Howell on a charge of disorderly conduct. The trouble began when the officer in a bathing suit with a police rubber cape over him, directed Dr. Cohen and Mr. Cunningham to stop smoking. An altercation arose, whereupon the two were taken to a shack, they claim, where there were two other officers, and given a beating. Mr. Cohen charges he had two teeth knocked out.

Dr. Cohen and Mr. Cunningham, who pleaded not guilty to charges of disorderly conduct will have their cases heard August 5. Patrolman Howell has pleaded not guilty to charges of assault brought against him by the two men.

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