Yonkers, N. Y. (Sep. 13)
Two New York Jews, who claimed their arrest and subsequent assault by parkway patrolmen in Tibbetts Brook Park swimming pool here July 13 was inspired by anti-Semitism, were freed of disorderly conduct charges by a jury in Special Sessions Court here, before City Judge Charles W. Boote.
Late this week Judge Boote and another jury will hear charges brought by the two New Yorkers against three park policemen. One officer is defendant in an assault case, while the other two are being prosecuted for “omission of duty,” in having been present at an assault and not interfering.
Dr. William Cunningham and his brother, Dr. Philip Cohen, both of New York City, had been arrested by Parkway Patrolman Emmett Howell for smoking near the pool, contrary to regulations. The jury disposed of the disorderly charges within 15 minutes, leaving the field clear for the trial of the counter-charges. Howell is charged with assault. Dr. Cunningham explained to the court he changed his name legally before attending the University of Toronto, from which he was graduated as a licensed physician in 1923.