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"Mobs Rove Harlem After Riot; 1 Dead, 100 Hurt in Harlem Riot; Snipers Routed, Mobs Rove Area," New York World-Telegram, March 20, 1935, 1.
1 2020-10-11T02:48:50+00:00 Anonymous 1 7 plain 2024-01-08T21:57:05+00:00 AnonymousThis page is referenced by:
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2020-10-01T00:07:06+00:00
Harry Gordon arrested
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2024-09-06T19:24:55+00:00
Around 6:30 PM, Patrolman Irwin Young arrested Harry Gordon, a twenty-year-old white student, on the north sidewalk of West 125th Street near 7th Avenue. Gordon had climbed a lamppost to speak to the crowd that police had pushed east, away from the Kress store; Young pulled him down. The patrolman alleged that Gordon then grabbed his nightstick and hit him with it; Gordon denied doing anything. He told a public hearing of the MCCH that Young and other officers dragged him thirty feet to a police radio car and drove him to the police station on West 123rd Street. Louise Thompson had seen Gordon "get on the mailbox to speak and...dragged down by a policeman," after which "a cop kicked him, another knocked him over the head with his billy and another slapped him in the face and punched him in the ribs." Although Thompson was affiliated with the Communist Party and thus not an entirely objective witness, her account of the police violence was not disputed.
As soon as the radio car reached 7th Avenue, out of sight of the crowd on 125th Street, Gordon told the MCCH hearing that the police officer driving said “Go ahead and hit him" to the officer next to him, and both men “poked him in the ribs and kicked him.” When the car got to the station, Young pushed him up against the wall of the station and clubbed him in the stomach. Police officers continued to beat and kick Gordon when he was put in a cell, taken upstairs for questioning, and fingerprinted. As a result of these attacks, Gordon testified, “I had two black eyes. Had bumps on my head. My shins were bruised.” When he was bailed and released forty-eight hours after being arrested, his lawyer described Gordon’s face as “entirely discolored,” so much so that he took Gordon to his home so his mother would not see his injuries, he told the public hearing. The man identified as Gordon has no visible injuries in photographs taken a few seconds apart published in the Daily News, New York American, and New York Evening Journal that purported to show him and the three other white men police arrested in front of Kress’ store on their way to the Harlem Magistrates Court. However, one of the men was only partly visible, behind the other three, and could be injured. The caption to the Daily News photo suggests otherwise, labeling all the men "unmarked by the race riots."
Gordon was among the group of around ninety-six of those arrested put in a line-up and questioned by detectives in front of reporters downtown at Police Headquarters on the morning of March 20, before being loaded into patrol wagons and taken back uptown to the Harlem and Washington Heights Magistrates Courts. Gordon was brought to the platform together with Daniel Miller and the three Young Liberators arrested at other times protesting in front of Kress' store, a New York Herald Tribune story noted, with police presenting the group as acting and arrested together. However, Gordon's actions overshadowed the larger group in stories about the line-up. While Gordon stood on the "klieg-lit platform," Captain Edward Dillon questioned him about his role in the disorder in an exchange reported in three newspapers. The briefest mention appeared in the Daily Mirror, which reported the details of the setting, but only that "under the grilling conducted by Acting Capt. Edward Dillon" Gordon declared "I am a student at City College of New York" and "refused to answer further questions." The reporter described Gordon's manner as "defiant." Other reporters conveyed a similar judgment in their portrayals of Gordon. The New York Herald Tribune described him as "a tall, lanky youth [who] thrust one hand in his pocket and struck an orator's attitude" during the questioning; the New York Sun described his pose as "Napoleonic." Neither of those stories mention Gordon identifying himself as a student; they instead quoted him as refusing to answer questions until he saw a lawyer. The Daily Mirror concluded that Gordon, in responding as he did, "had practically declared himself the inciter of the night's rioting" and the leader of the four other men arrested at the beginning of the disorder. Gordon himself, testifying at the MCCH hearing, set himself apart, as a passerby who had attempted to urge the crowd to go to the police for information. Inquiries by reporters from the New York Evening Journal found no evidence that Gordon was a City College Student, with the New York Herald Tribune reporting Dean Morton Gottschall did not find him in college records. The New York Evening Journal did confirm that he lived in the Bronx, at 699 Prospect Avenue.
Gordon did not appear in the MCCH transcription of the 28th Precinct blotter, nor did Miller and the two white Young Liberators arrested in front of Kress’ store. Margaret Mitchell, the Black woman arrested inside Kress' store before Miller's arrest and Claudio Viabolo, the Black Young Liberator arrested with two white companions soon after Miller, did appear in the transcription. That discrepancy suggests that the white men were omitted from the transcription, perhaps overlooked because they were somehow less readily identified as participants in the disorder among others arrested for unrelated activities at that time.
Gordon appeared in the Harlem Magistrates Court on March 20, shortly after Daniel Miller and the three Young Liberators with whom police had grouped him. The charge recorded in the Magistrates Court Docket book was assault, which was the charge reported by New York American, New York Evening Journal, New York Times, and New York Herald Tribune. A second list in the New York Evening Journal, a later story in the New York Herald Tribune, and the New York Amsterdam News, Daily Mirror, and New York Sun reported Gordon had been charged with both assault and riot. The Home News, New York Post, New York World-Telegram, New York Age, and the list published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, reported the charge against Gordon as inciting a riot.
The mistaken information about the charge could result from police continuing to group Gordon with the Miller and the three Young Liberators when he appeared in court. The New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used, in stories on the court appearances. However, while the Daily News, New York Herald Tribune, and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being arraigned separately from Miller and the other three men. That separation was likely because he was charged with assault, the other men with riot, and the officer listed as arresting Gordon was Patrolman Irwin Young not Patrolman Shannon, the arresting officer recorded in the Harlem Magistrates Court docket book for Miller and the three other men.
The Daily Mirror claimed Gordon was heard separately when he indicated that he would produce his own lawyers. While being held, Gordon testified, he had not been not allowed to contact a lawyer or his family and was not fed until he had been in custody for more than twenty-four hours and had been arraigned in the Magistrate's Court. In the courthouse on March 20, Gordon was able to make contact with an ILD lawyer, Isidore Englander. The attorney testified that while he was speaking with Frank Wells, who he had learned had been arrested, he saw Gordon, who he claimed not to know, and spoke with him after his arraignment. Gordon asked him to communicate with Edward Kuntz, another ILD lawyer, whose son Gordon testified was a friend. Kuntz would represent him in subsequent court appearances. After Gordon was taken away, Englander heard him scream, the result, Gordon claimed, of being beaten again by police officer. The attorney made no mention of the visible injuries on Gordon’s face that Gordon and Kuntz described in their testimony.
Magistrate Renaud remanded Gordon to reappear on the March 25, on a bond of $1,000; the magistrate also remanded the other four alleged Communists, but for them set the maximum bail of $2,500. Around forty-eight hours after Gordon’s arrest, at 1 AM, Kuntz told a public hearing that he secured bail for Gordon, who was released from prison.
Gordon returned to court on March 25, at the same time as Daniel Miller and the three Young Liberators, but there his treatment further diverged from them. While Renaud discharged the other four men as the grand jury had already sent them for trial in the Court of Special Sessions, in response to evidence presented by District Attorney Dodge as part of his investigation of the disorder, the magistrate again remanded Gordon, to appear on March 27, with the New York American and Home News reporting that police were planning to submit evidence to the grand jury seeking to have him indicted. (The only other newspaper to report this appearance was the New York World-Telegram.) That effort was unsuccessful. When Gordon appeared again in the Magistrates Court, the ADA reduced the charge against him from felony assault to misdemeanor assault; in the Harlem Magistrates Court docket book a clerk struck out Fel[ony] Ass[ault] and wrote "Red[uced] to Simple Assault misd[emeanor]." Kuntz claimed credit for the reduced charge when he questioned Gordon about this legal proceeding in a public hearing of the MCCH. While Gordon testified that the ADA had said he was doing Gordon a “favor” by withdrawing the assault charges, Kuntz drew out that his cross examination of Patrolman Young established that the officer did not go to a doctor or a hospital, so did not suffer injuries justifying a felony charge, or even simple assault. He also testified that a new charge of unlawful assembly, the misdemeanor form of riot, had been made against him at that hearing, information not mentioned in any other sources. Magistrate Renaud transferred Gordon to the Court of Special Sessions for trial on the reduced charge, a decision reported only in the New York Amsterdam News, New York Times, and New York Herald Tribune.
For some reason, the trial did not take place for almost eight months. Sometime in early November the judges convicted Gordon and sentenced him on November 15. Arthur Garfield Hays, who had chaired the MCCH hearing at which Gordon testified, wrote to the Chief Judge of the Court of Special Sessions on November 13 after hearing of the conviction, the only evidence of that outcome. Expressing surprise that Gordon had been convicted, Hays urged that he be given a suspended sentence as he was "certainly not a criminal and was exercising what he deemed to be his right of free speech." Judge William Walling responded, telling Hays that he "did not have all the facts." As far as the judge was concerned, "There was not the slightest doubt but that Gordon assaulted the officer who was in uniform. Thereafter, of course, the officer hit back and subdued Gordon." That assessment made it unlikely Walling and his colleagues would have imposed the suspended sentence Hays favored. However, what sentence they imposed on Gordon is unknown. -
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2020-03-11T21:10:35+00:00
Sam Jameson, Murray Samuels, and Claudio Viabolo arrested
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2024-02-24T15:29:28+00:00
Shortly after 6:45 PM, Patrolman Timothy Shannon and other officers arrested two nineteen-year-old white men, Sam Jameson and Murray Samuels, and Claudio Viabolo, a thirty-nine-year-old Black man, who were picketing in front of Kress’ store at 256 West 125th Street. The three men had arrived a few minutes earlier, likely from 262 Lenox Avenue, the offices of the organization to which they belonged, the Young Liberators. The placards they carried read “Kress Brutally Beats and Seriously Injures Negro Child and Negro Women. Negro and White Don’t Buy Here” and “Kress Brutally Beats Negro Child.” An officer “told or asked [the men] to stop marching in front of Kress'," Patrolman Moran told a public hearing of the MCCH and when they did not leave “after about five minutes," police arrested them for unlawful assembly. Jackson Smith, the store manager, watched the arrest from inside the store. “The police took the placards and pushed the people carrying them into the vestibule,” he told a later public hearing. Around thirty minutes earlier, Patrolman Shannon had arrested another man in front of the store, twenty-year-old white man, Daniel Miller, pulling him down from a stepladder when he tried to speak to a crowd. A few minutes later, around 6:30 PM, other officers, including Patrolman Irwin Young, arrested a second white man, Harry Gordon, when tried to speak to the crowd by climbing a lamppost on 125th Street east of Kress’ store.
The testimony of Moran and Smith in the public hearings provided the only details of the arrests of Jameson, Samuels, and Viabolo. The men themselves did not testify. Patrolman Shannon did testify, but was not asked about any of the arrests he made. Newspaper stories on the arrests grouped the men with Miller, and in some cases, Gordon, reflecting information from police that they had acted together to create the disorder. Two Hearst newspapers, the New York American and New York Evening Journal, published stories that described the arrest, but they included details that testimony in the public hearings indicate did not happen: Jameson and Samuels arrived with Miller and Gordon, not after them, in the newspaper narrative, picketed before Miller spoke, and with Harry Gordon came to Miller’s aid when he was arrested, battling Shannon and two other patrolmen before also being arrested. Viabolo was not on the picket line in those stories, but in the New York American was a member of the crowd who joined in efforts to prevent Miller’s arrest. Although the newspapers said their information came from police, the elements that did not happen seem to be a product of the anti-Communist stance and sensational style of the Hearst newspapers. The New York Times and, somewhat surprisingly, the Daily Worker, also published narratives in which the men picketed before Miller spoke, but without details of their arrest. The New York Times simply reported that the arrest of Jameson, Samuels, and Viabolo, and Miller, came “later,” after Miller spoke. The Daily Worker did not report specific arrests, but rather that “police broke up the picket line, arresting the leaders.”
Jameson, Samuels, and Viabolo all appeared in the lists of those arrested during the disorder published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, the New York Evening Journal, the Daily News, the New York American, and the New York Herald Tribune, among those charged with inciting a riot. However, the white men, Jameson and Samuels, as well as Miller and Gordon, are not in the transcription of the 28th Precinct police blotter in the MCCH records. Viabolo did appear, with Margaret Mitchell, the Black woman arrested inside Kress' store. That discrepancy suggests that the white men were omitted from the transcription, perhaps overlooked because they were somehow less readily identified as participants in the disorder among others arrested for unrelated activities at that time. It may be that the charges against those men were not recorded as riot. The charge against Viabolo in the blotter is disorderly conduct, with the note that he was “Disorderly in Kress’ 5 & 10c store,” the same description recorded for Margaret Mitchell.
In a line-up on the morning of March 20 that included ninety-six of those arrested disorder, police put Jameson, Samuels and Viabolo in a group with Miller and Gordon, a New York Herald Tribune story noted. Police described the men as all "arrested at a demonstration in front of the Kress store." That grouping was not mentioned in the two other newspaper stories about the line-up, in the Daily Mirror and New York Sun. An unnamed Black man, presumably Viabolo, was quoted in the New York Sun “giving his version of the start of the trouble:” "We were picketing in front of the store. I heard that a child had been killed inside. I thought it ought to be called to the attention of the public, about the child being killed.” The man then told the officer questioning him that he “and his companions took turns on a soap box “informing the public.”” That last detail was not part of any other description of the picketing. The two other newspaper stories on the line-up did not include Viabolo’s comments, but focused, as the New York Sun did, on Harry Gordon’s exchange with police, in which he refused to answer questions until he saw his lawyer.
The Daily News, New York American, and New York Evening Journal published photographs taken a few seconds apart that are captioned as showing the four white men arrested outside Kress’ store in the West 123rd Street police station on their way to the Harlem Magistrates Court on March 20. Surrounded on three sides by both uniformed police and detectives in plainclothes, three white men are visible, with another white man party visible behind them, all but the first, identified as Harry Gordon, looking at the ground. On the right of the image is a Black man, almost certainly Viabolo, as police had grouped him with these men in the line-up earlier that day, and would again in the courthouse. He is unmentioned in the captions, and, perhaps as a result, cropped out of versions of the photograph published by several regional newspapers. Reflecting its anti-communist focus, the New York Evening Journal placed the photograph on page one, across the whole width of the page, with a caption labeling the men “young college-bred Communists.” The next page featured photographs of two placards used in the picket, and the leaflets circulated by both the Young Liberators and the Communist Party. The Daily News photograph, taken at almost the same moment, appeared in the center of a two page spread of photographs of the disorder in the center of the newspaper. The caption did not identify the men as Communists but as inciting the riot, focusing on drawing a contrast between their uninjured appearances and the damage done during the disorder. (Gordon later testified he had been beaten and had injuries to his face; he may be the man whose face was not visible in that photograph, notwithstanding the caption.)
Police continued to group Jameson, Samuels, and Viabolo with Miller and Gordon when they appeared in Harlem Magistrates Court. In stories on the court appearances, the New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used. However, while the Daily News, New York Herald Tribune, New York World-Telegram, and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being arraigned separately from the three Young Liberators and Miller. That separation would have resulted from the different arresting officer listed in the Harlem Magistrates Court docket book for Gordon, Patrolman Irwin Young, not Patrolman Shannon, the arresting officer recorded for the four other men. The charge recorded for Gordon was also different, assaulting Young, not inciting riot. The Daily News claimed Gordon "was heard separately when he indicated that he would produce his own lawyers."
When the court clerk called the names of Jameson, Samuels, Viabolo, and Miller, two lawyers from the International Labor Defense Fund rose to represent them. The appearance of those attorneys was reported by the New York American, Daily Mirror, Home News, Daily News, New York Herald Tribune, New York Times, New York World-Telegram, and Daily Worker, but for some reason they were not recorded in the column for the name and address of a defendant's lawyer in the Harlem Magistrates Court docket book. The ILD's affiliation with the Communist Party would have been well known to readers of those newspapers, but the Daily Mirror explicitly made the connection in its story, stating that the men's "Communistic affiliations were declared" by the identity of their attorneys. The Daily Mirror and Daily Worker named the lawyers as Miss Yetta M. Aronsky and I[sidore] Englander, while the Daily News named only Aronsky, and the New York American, New York Herald Tribune, and New York Times reported only "a woman lawyer" who would not give her name to their reporters. (Englander later testified about being present in the court in a public hearing of the MCCH.)
Assistant District Attorney Richard E. Carey, the Black attorney Magistrate Renaud had requested prosecute those arrested in the disorder, according to the Daily News, asked that the men be held for a hearing on Friday on the maximum bail of $2,500. The men's lawyers protested that sum. Others arrested during the disorder charged with felonies had their bail set at $1,000, including Harry Gordon. Magistrate Renaud dismissed those protests, and complaints by Aronsky, reported by the Daily News and Daily Worker, that the men "had not been fed by police following their arrest."
When Jameson, Samuels, and Viabolo returned to the Harlem Magistrates Court with Miller, Magistrate Ford dismissed the charges against the group because their cases had already been decided by Dodge's grand jury. The Magistrates Court docket book recorded the deposition of the men's cases as "Dism[issed], def[endant] indicted." Stories in the Home News, Daily Mirror, and New York Amsterdam News also reported that they had been indicted by the grand jury. However, while the grand jury did send the men for trial, it was for a misdemeanor, not a felony, so an information, not an indictment, and to the Court of Special Sessions, not the Court of General Sessions. Other newspaper stories included elements of that distinction. The New York American reported that after being discharged, the men were "turned over to detectives with bench warrants based on the grand jury informations voted last week charging inciting to riot." The New York Herald Tribune also reported "two informations charging five persons with inciting riot" without naming them; so too did the Daily News, which alone specified that an information charged a misdemeanor and that the men were sent for trial in the Court of Special Sessions. The grand jury also sent all the other individuals charged with inciting a riot that appeared before it to the Court of Special Sessions to face trial for misdemeanors. If the men were being prosecuted for the form of the crime defined as a misdemeanor, unlawful assembly, their crime was being treated as involving disturbing the peace, not efforts to prevent the enforcement of the law or incite force or violence.
As other prosecutions resulting from the riot made their way through the courts there were no reports mentioning Jamison, Samuels, and Viabolo, or Miller. Finally, on June 20, the four men appeared in the Court of Special Sessions. The New York Amsterdam News reported an additional defendant, a "young sympathizer," Dave Mencher, not mentioned in any other sources, or in the Daily Worker story, the only other report of this trial located. Only one prosecution witness testified before the court's three judges, Sergeant Bauer of the West 123rd Street station (likely the sergeant who testified at the public hearings that he was involved in the arrest, although his name was recorded as Bowe in the transcript). It is not clear why Patrolman Timothy Shannon, the arresting officer, did not appear as a witness. International Labor Defense lawyers again represented the men, but not the same attorneys as the day after the disorder. Instead, Joseph Tauber and Edward Kuntz, who played prominent roles in the MCCH public hearings, represented the men. After cross-examining Bauer to establish that a crowd had collected in front of Kress' prior to the men arriving, they moved to have the charges dismissed. The judges agreed, and freed Jameson, Samuels, and Viabolo, as well as Miller.
Claudio Viabolo lived in Harlem, at 202 West 132nd Street; the two white men did not. Sam Jameson lived at 967 East 178th Street in Washington Heights, north of the Black neighborhood, although when a reporter from the New York Evening Journal went to the address, the tenants denied knowing him. Murray Samuels lived at 8621 Twentieth Avenue, Brooklyn. However, he was not a student at City College, as the New York Evening Journal reported on March 21. A week later the New York Evening Journal acknowledged that the Murray Samuels a reporter had identified as attending evening classes was not the man arrested during the disorder, in a story headlined, "Far From Red, and Riot! Says C. C. N. Y. Man."
Claudio Viabolo’s name was spelled in a variety of ways in these sources. Viabolo is used here as it was recorded in the Harlem Magistrates Court docket book, and in stories about his appearances in the Harlem Magistrates Court published in the Afro-American, Daily News, New York Post, New York Herald Tribune, Home News, New York Sun, New York Times, New York American, and New York Age. The name was spelled Diabolo in the list of those arrested in the disorder published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and stories in New York World-Telegram and New York Evening Journal. In the edition the New York Age rushed to print on March 23, the name was Bilo. In the Daily Worker on March 21, the name was Viano. Sam Jameson's name was also misspelled, but was not corrected over time as Viabolo's name was. Jameson is used here as it was recorded in the Harlem Magistrates Court docket book, and in stories published in New York Evening Journal, New York Times, New York Post, New York Herald Tribune, and stories about court appearances published in the Home News and New York Sun. The name was spelled Jamieson in the Daily News, Atlanta World, Norfolk Journal and Guide, and New York American. -
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2020-12-03T20:27:26+00:00
Fires (4)
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2024-01-24T18:46:54+00:00
Fires broke out in three stores during the disorder, all located on the two blocks of Lenox Avenue between West 130th Street and West 132nd Street. Two of those stores were adjacent, Anna Rosenberg’s notion shop at 429 Lenox Avenue and a hardware store at 431 Lenox Avenue. The third store, Lash's 5 & 10c store, was a block to the south at 400 Lenox Avenue. That area of Lenox Avenue saw extensive looting, attacks on stores, and violence. An additional fire was allegedly set on the roof of 5 West 131st Street, a block to the east in an area that saw few reported events during the disorder.
The fires broke out within a period of around an hour, beginning with the notion and hardware stores after 11:00 PM followed soon after midnight by Lash's store. All three stores were also looted. Only photograph captions in the Daily News linked the fires to looting: "Fire was set by rioters after they looted place" in the case of Lash's store; and a more elaborate account for the image of the other stores: "It is but a step from looting to incendiarism. Here's a fireman tacking a blazing tailor shop at 420 Lexington Ave., fired after it was looted." Looting and damaging a business by setting it on fire were not necessarily as continuous as the caption presented: alleged looters generally took items they needed, such as food and clothing; setting fire to a store offered no similar benefit. Instead fires fitted with breaking windows and other attacks that targeted white-owned businesses.
The New York Evening Journal reported fires in two buildings (it is likely that its story treated the fires in the adjacent stores as a single fire, but as two different businesses were affected, it is treated here as two fires), the New York Herald Tribune and Daily Worker a fire in one building, and the Home News, Daily News, New York Times, and New York World-Telegram referred generally to fires in several stores without offering details. The Black-owned Philadelphia Tribune appeared to have repackaged the New York Evening Journal account, and the Afro-American published photographs of fire-damaged stores not referred to in its stories about the disorder. Other Black newspapers made no reference to fires. Nor did the MCCH report. The roof-top fire was mentioned only in the Home News and the Daily Worker, perhaps because it occurred on the margins of the disorder. Those stories attributed the fires to members of the crowds on the street during the disorder, but only the New York Herald Tribune described how one of the fires started.
Firefighters attended the fires, likely from Fire Engine 59 located at 180 West 137th Street, near the intersection with 7th Avenue. Their efforts to extinguish the fires were captured by press photographers. A Daily News photograph showed smoke coming out of the hardware store window and doors at 431 Lenox Avenue, and firefighters on the scene fighting the fire. One is swinging an axe at the display window, while a second firefighter stands behind him. A third firefighter is just inside the store, his boots visible beneath the smoke. In the original photograph, cropped out of the published version, a hose runs across the photograph to the left, in the direction of Rosenberg's notion store at 429 Lenox Avenue. A photograph of the same scene published in the Home News had that hose running to the left in the foreground and another hose going into the hardware store, and three firefighters in the doorway with their backs to the camera. An ACME agency photograph also published in the Daily News and in the New York Herald Tribune showed flames in the last section of Harry Lash’s 5 & 10c store window on West 130th Street. Firefighters can be seen crouched in front of the window (they were cropped out of the version published in the Daily News). No other people are visible in the photographs, which are focused on the burning stores.
Fighting the fires was not straightforward, according to the New York Herald Tribune, New York Evening Journal, and Afro-American, which described clashes between crowds and police and firefighters. “A gang of thirty-five Negroes” set fire to Lash's 5 & 10c store in the New York Herald Tribune story. A crowd then “tried to prevent a policeman from sounding an alarm. 'Let it burn!' they shouted. When the firemen came, they hindered them, too, bustling about the hydrants and shoving hose lines about. At last the firemen threatened to turn the water on them instead of the fire and they dispersed.” Some of those details also appeared in the New York Evening Journal, but its story collapsed the two fires together: “As detectives and uniformed men closed in on crowds surrounding the burning buildings, they met with resistance. 'Let them burn. Let them burn.' The shout was taken up by hundreds, and it was not until firemen threatened to turn hoselines on the rioting men and women that they dispersed.” An entire block separated the two locations, too far for a single crowd to be involved. Both the number of police and the size of the crowd are larger in the New York Evening Journal story, which repeats the crowd's alleged chant, “Let them burn," giving it more prominence. Where the New York Herald Tribune characterized the crowd as having "hindered" firefighters with actions that seem to involve individuals pressing forward to see the fire getting in their way, the New York Evening Journal characterized the crowd's behavior as "resistance." Those differences and characterizations are in keeping with how that publication sensationalized and exaggerated the actions of Black crowds. The brief photograph caption in the Afro-American mixed elements of the two stories: it followed the New York Herald Tribune in characterizing the crowd as having "hindered" firefighters, but coupled it with the struggle presented by the New York Evening Journal in claiming that "rioters" "fought them away.”
The New York Evening Journal story went on to link the fires to increased police violence, with the decision to fire bullets at crowds being made in response to fires being set: "The police, working under directions of their highest commanders, were under orders to withhold fire unless necessary, but when the two incendiary fires were started, one at 429 Lenox Ave. and the other at Lenox Ave. and 130th St., bullets flew." The Black-owned Philadelphia Tribune repeated that claim as part of its repackaging of the information in the New York Evening Journal. Multiple other reports instead linked police beginning to shoot at crowds rather than in the air to the outbreak of looting rather than to the fires.
Photographs taken the next day showed the damage resulting from the fire. The exteriors of Anna Rosenberg’s notion store and the hardware appeared in an Associated Press photograph and a photograph published in the Daily Mirror. No glass remained in its display window, partially visible in the left side of the photograph, which had been emptied of merchandise. Damage to the exterior wall below the window could be the result of the fire. Inside the store was an L-shaped counter on which a range of different goods are stacked; there may be some damaged items on the ground but neither the ceiling nor the shelves and counter show the fire damage visible in the hardware store to the right. A fire adjuster for Rosenberg’s insurance company, Royal Insurance, put the damage to her store at $980.13, according to the New York Herald Tribune. As the insurance policy did not cover losses from riots, Rosenberg was among the business owners who sued the city to recover their losses. A jury in the Municipal Court awarded Rosenberg $804, confirming the extent of the damage done by the fire.
No such details exist regarding damage to the hardware store, only the images of its exterior and three photographs of its interior, one in the Afro-American mistakenly identified as the notion store, a second also in the Afro-American identified as the hardware store, and the third in the Daily News. All three images featured the table in the center of the store visible in photographs of the exterior, which distinguished it from the notion store, and show damaged merchandise strewn throughout the store, material hanging from the ceiling visible in the foreground that is likely damage produced by the fire, as well as the burned out display window visible in the photograph of the firefighters at work. Burned shelves and merchandise and fire damage to the table in the center of the store were visible on the left of the photograph in the Afro-American that identified the business as a hardware store. A pile of debris in front of the store visible in the Associated Press photograph appeared to be a combination of material from the ceiling and the display windows. The second exterior image showed a white man boarding up the damaged display window.
Fire damage to Lash’s store appeared less extensive, in keeping with the Home News reporter’s assessment that “damage from the fires was not great.” Only one small section at the rear of the store, on West 130th Street furthest from Lenox Avenue, looked to be burned in an Associated Press photograph. However, the rest of the store appeared significantly damaged. Display windows that ran the length of the side of the store on West 130th Street, as well as those facing Lenox Avenue, appeared smashed. In addition to the damage, Lash reported the loss of $1,000 of merchandise. His insurers too refused to pay, he told a Probation Department investigator. He was not among the twenty-five business owners named as suing the city seeking damages for what their insurance did not cover but may have been one of the eighty-nine not named.
The fire on the roof of 5 West 131st Street received less mention in the press with no reference to any damage it did. A Home News reporter explained that fire as “one method by which the mobs stirred up excitement." It was produced, the story claimed, by stacking "great heaps of newspapers on the roofs of buildings," which, "when ignited, led those in the streets to believe spectacular fires were in progress and many fire alarms were sounded.” An eyewitness offered a different explanation that the fire was a distraction, not an incitement, in the story in the Daily Worker: “This was done, I suppose, to draw the attention of the police force and riot squads from Lenox Avenue where they had concentrated their forces and were attacking the Negroes.” False alarms and the sounds of fire engines are mentioned in several newspapers which might indicate that other roof fires were lit, or simply that calls were made to the fire department.
Fire-damaged stores attracted press attention out of proportion with their numbers given that only three of approximately 300 buildings damaged in the disorder caught fire. A mention in the New York World-Telegram highlighted the impact of that emphasis: “The charred interiors of several shops in which fires broke out added to the appearance of a war-ravaged town.” Burned buildings offered a dramatic, ultimately atypical, picture of damage resulting from the disorder. Fires became more prominent in subsequent racial disorders. More were set in Harlem in 1943, but not the dramatic fires given prominence in coverage of the disorder in Watts in 1965. Harlem’s built environment ultimately meant setting fires could harm residents as much, if not more, than white business owners. Beyond West 125th Street, multiple floors of apartments sat above businesses. Fatalities reported in four fires in Harlem at other times in 1935 made clear the risks of setting fires in stores in such buildings. -
1
2020-02-24T22:38:05+00:00
Two men speak to a crowd & Patrolman Irwin Young assaulted
96
plain
2024-02-09T17:54:16+00:00
Harry Gordon, a twenty-year-old white man in his senior year at City College, was walking along West 125th Street between 7th and 8th Avenues about 6:00 PM, he told a public hearing of the MCCH, when he noticed groups of “excited” people “milling around the street.” While Gordon claimed to have been simply passing by, it seems likely he was one of the Communist Party members who came to Kress’ store in response to rumors a boy had been attacked. He did identify himself at the hearing as a member of the New York Students League, a Communist-led organization. Gordon gave his address as 699 Prospect Avenue in the Bronx.
Gordon testified that he asked several people on the street what was happening, but he “couldn’t get anything at all from them.” He then saw a Black man, James Parton, set up a ladder in front of Kress' store and briefly speak to the crowd before Daniel Miller stepped up to speak. A window then smashed and police officers immediately seized Miller. Other officers chased Gordon and other people who had been listening to Miller across West 125th Street to the opposite sidewalk and then pushed them away from the store, east toward 7th Avenue. About 300 feet from Kress’ store, Gordon estimated, Parton climbed a lamppost and again spoke to those on the street, saying “that a boy had been killed and that a crowd should gather in protest,” according to Gordon’s testimony. Then he climbed the lamppost, intending, he told a public hearing, “to get a committee from the crowd” “to go to the police to find out if a child was killed.” He was only able to say “Friends” before Patrolman Irwin Young pulled him down from the lamppost. Gordon’s alleged assault on Young came when he “grabbed Patrolman Irwin Young’s nightstick and used it to hit the officer,” according to a story in the New York Times. That story was the only source that mentioned the nature of the assault in reporting Gordon’s second appearance in the Magistrates Court. After arresting Gordon, Young and other officers dragged him to a police radio car and drove him to the police station on West 123rd Street.
Lists of the injured variously described the injuries Young suffered as “cuts on hands,” in the Daily News and New York Evening Journal, “lacerations of right hand” in the New York Herald Tribune, and "bruised on the hand" in the New York American. No version represented a sufficient injury to constitute a felony assault, which was the charge police initially made against Gordon. The New York Herald Tribune reported Young received medical treatment at the scene, but when Gordon’s lawyer cross-examined him in the Harlem Magistrates Court, Young testified that he did not go to a doctor or the hospital, Gordon told the public hearing. Young did not appear in the hospital records, as the other police officers injured around this time did, confirmation of those statements. Moreover, Young was back on the streets by 10:10 PM, when he arrested Leroy Gillard at 200 West 128th Street, allegedly for looting. He was the first police officer allegedly assaulted in the disorder; five others would be assaulted around 125th Street before 10:30 PM, after which time the crowds had moved to other parts of the neighborhood.
Gordon denied he assaulted Young. He was grabbed from behind, he testified in a public hearing of the MCCH, and then “a rain of blows descended on me such that I have never experienced before" against which he could do nothing. Louise Thompson, part of the crowd on 125th Street, offered a more detailed account, although as a member of the Communist Party, she was not an entirely disinterested observer. She described to a public hearing of the MCCH how “a cop kicked him, another knocked him over the head with his billy and another slapped him in the face and punched him in the ribs.” Thompson more clearly stated that Gordon did not assault Young when interviewed earlier by a reporter for the Daily Worker for a story published on the same day she testified in the public hearing: "I was standing a few feet from Harry Gordon when he was arrested. He did not strike any policeman. He did nothing.” In the same story in the Daily Worker, Gordon denied committing assault, implying that Young made the charge to justify his violence: “I did not strike any policeman. He struck me over the head with his club before I even saw him. He said, 'So you'll hit a cop, will you?' as he struck me.”
As was the case with events inside Kress’ store, testimony in the public hearings of the MCCH provided the most detailed evidence of the events outside the store in the early evening of March 19. Louise Thompson testified on March 30 and Harry Gordon on May 4. (Thompson only mentioned the first speaker, Miller, in her article in New Masses.) The MCCH subcommittee report and final report both describe a second person trying to speak in front of Kress who was arrested, without naming that person, but make no mention of his alleged assault on a police officer. More striking, Inspector Di Martini’s report names Gordon without mentioning an alleged assault on one of his officers. That report has no reference to Daniel Miller, presenting Gordon as the only person to speak in front of the store: “At about 7PM, one Harry Gordon, #699 Prospect Avenue arrived in front of Kress’ Store with a number of others carrying placards and made a speech to a group which was attracted and incited a number of colored persons to break windows of the store. He was immediately arrested by Ptl. Young #3203, 32nd Precinct.”
No newspaper stories explicitly reported the narrative in the MCCH hearings and reports, as they truncated events outside the store and presented Gordon, Daniel Miller, and the three Young Liberators who picketed the store as a single group arriving and acting together. Only some described Gordon as speaking, and only three of the initial stories about the disorder describe him as assaulting Young, in different circumstances that were both unlike what was described in the MCCH public hearings. Even later stories about Gordon’s first appearance in the Harlem Magistrates Court do not all mention the assault charge, and several describe him as picketing Kress’ store, not trying to speak to the crowd. When Gordon testified in a public hearing of the MCCH, newspaper stories described him speaking, and being arrested by Young, but omitted the context he provided for those events as coming after Miller had tried to speak and been arrested.
Only some newspapers described Gordon as speaking in front of the store. The New York Age accurately captured the event, if not its context: “Harry Gordon, white Communist, was arrested when Patrolman Young of the 123rd Street police station found him addressing a group. He was taken to the station house charged with inciting a riot.” The New York Post more briefly described Gordon, Miller, and the two other white men as having been arrested for “haranguing crowds, urging them to fight.” The Daily Mirror identified Gordon as a speaker, describing him as “a 'Red' orator,” but with no details of circumstances of his speaking or arrest. The New York World-Telegram included Gordon in a group obliquely described as being arrested for being “Communist agitators.”
Only three of the initial stories about the disorder described Gordon assaulting Young, in different circumstances that were unlike what was described in the MCCH public hearings. Gordon came to Miller’s aid when he was arrested, joined by the three Young Liberators, and battled Patrolman Shannon and two other officers before also being arrested, according to the New York American and New York Evening Journal. That story also mistakenly had Gordon picketing the store. The New York Times relocated the encounter between Gordon and Young to the rear of Kress’ store on West 124th Street. In the struggle between police and a crowd that took place there, the story reported, Young “was cut on the right hand by a rock” thrown by Gordon. That clash occurred around thirty minutes after Gordon was arrested, and involved officers other than Young being injured.
Later stories about Gordon’s first appearance in the Harlem Magistrates Court did not all mention the assault charge, and several described him as picketing Kress’ store, not trying to speak to the crowd. Gordon was described as charged with assault in the New York Sun, in a story about a line-up of those arrested, and in the New York American and New York Amsterdam News, which had him picketing the store. Four other papers did not mention the assault charge: the Daily Mirror described Gordon and the others grouped with him as “curb-stone orators who had deliberately incited the 125th St. mobs;” in the Home News, the charge was inciting a riot, for “making a speech in front of Kress’ store;” in the Daily News it was an unspecified “separate charge” from that made against the other men, which was inciting riot; and in the New York Evening Journal Gordon and three others were charged with “circulating false placards to the effect that a Negro boy had been beaten to death.” Gordon’s subsequent appearances in the Harlem Magistrates courts were generally not reported. Only the New York World-Telegram, Home News, and New York American mentioned his appearance on March 25, with no details of his alleged offense. The New York Times story of Gordon’s appearance on May 27 provided the only details of the assault, that he “grabbed Patrolman Irwin Young’s nightstick and used it to hit the officer.” The New York Herald Tribune story on the same hearing not only made no mention of those details, but omitted the assault entirely and instead made Gordon only indirectly responsible for Young’s injuries: his speech telling the crowd “that a Negro boy had been killed in the store… so excited the neighborhood that Patrolman Irving Young, of the West 123d Street station, and several others were hurt in the ensuing riot.”
Stories about Gordon’s testimony in the MCCH public hearing on May 4 published in the New York Times, New York Age, and Associated Negro Press described him speaking, and being arrested by Young, but omitted the context he provided for those events as coming after Miller had tried to speak and been arrested. The New York American and Afro-American had an even narrower focus, mentioning only that Gordon alleged he had been beaten by police, with no description of the circumstances of his arrest. The only story about Gordon’s allegation published before the hearing was in the Daily Worker on March 30, reflecting his association with the Communist Party. Reporters for the New York Evening Journal had been unable to locate him. When the Daily Worker’s journalist spoke to Gordon, “his left eye [was] still black from the police beating more than a week ago.” However, in a Daily News photograph published on March 20 captioned as showing Gordon and the other men grouped with him by police, none of the men have visible injuries. As there are only three men, the image may be of the Miller and the Young Liberators without Gordon, perhaps around the time he was arraigned separately.
Harry Gordon did not appear in the MCCH's transcription of the 28th Precinct police blotter; Claudio Viabolo, the Black Young Liberator, is the only one of the five speakers and picketers in that record. Gordon appeared in the Harlem Magistrates Court on March 20, shortly after the other white men arrested at the start of the disorder. Magistrate Renaud remanded him to reappear on March 25, and then again on March 27. While Miller and the three Young Liberators that police grouped with Gordon as the instigators of the riot were sent by the grand jury to the Court of Special Sessions, the ADA reduced the charge against Gordon to misdemeanor assault in the Magistrates Court, with his ILD lawyers claiming credit in the public hearing of the MCCH, as they had elicited testimony from Young that he had not needed medical treatment for his injury. Magistrate Renaud then transferred Gordon to the Court of Special Sessions. For some reason, the trial did not take place until November, when the judges convicted him.
In the narratives of historians Mark Naison, Cheryl Greenberg, Marilynn Johnson, Lorrin Thomas, and Nicole Watson, Gordon and Miller are grouped together as “speakers” pulled down by police. Historian Thomas Kessner named Miller in his narrative as the only speaker in front of the store. None of those historians mention Gordon's alleged assault of Young. They all follow the narrative provided by police that presents the speakers as part of a single group protesting in front of Kress’ store, stepping up to speak to the crowd after picketing of the store had begun. That framing implicitly introduces the idea that the disorder was orchestrated by those men, while offering no details of how the crowds of women and men around them acted to weigh against that evidence. Weight is added to that implication by the failure to fully identify the men involved in the protests. While Greenberg and Thomas do not identify the men, Naison, Kessner, Johnson, and Watson describe them as members of the Young Liberators. None of those historians mention that four of the five, and both the speakers arrested, were white men. Naison did describe the Young Liberators as an interracial group; so too did Watson, however she did not identify the men in front of the store as members of the Young Liberators. Neglecting their race makes those men appear more representative of the crowd than they were, particularly in Greenberg and Watson’s narratives, which do not identify them as Young Liberators. Naison, Kessner, Greenberg, Thomas, Johnson, and Watson all follow the chronology that has the picketing begin before the speakers were arrested. Grouping the men places an organized Communist protest at the center of the outbreak of disorder, and makes the window being broken and the men’s arrest a response to the feeling they built in the crowd. Recognizing that the protests occurred in a less coordinated way highlights that police responded immediately to any sign of protest, not just to a window being broken. They may also have acted so quickly because they recognized the men as Communists; the men’s language and appeals would have given them away. Communist protest in Harlem, and across the city, drew violent responses from police in the months prior to the disorder. Recognition of the fragmented nature of the protests and the identity of those involved directs attention away from those events to the crowds of Black men and women around them. Crowd members gathered in groups, talked amongst themselves, sought answers from police about what had happened to the boy, and responded to police efforts to clear the street. Rather than organized or orchestrated by the Young Liberators, those behaviors appear more spontaneous, in line with the interpretation offered in the MCCH’s final report. -
1
2020-02-26T14:48:08+00:00
Charles Alston arrested
95
plain
2024-05-31T02:40:49+00:00
At 5:00 AM on March 20, around two hours after police reported the neighborhood streets were quiet, Patrolman Jerry Brennan arrested Charles Alston, Albert Yerber, Edward Loper, and Ernest Johnson for allegedly shooting at police stationed at Lenox Avenue and West 138th Street. No police officers were reported injured, but Alston suffered a fractured skull as the men fled police. Trying to escape by leaping from the roof of a five-story building to the adjoining building, Alston fell to a second-floor ledge. He was a twenty-one-year-old Black man, as was Loper; Johnson was twenty-two years of age, and Yerber twenty years of age. Alston lived northwest of the alleged shooting, on the edge of Harlem at 512 West 153rd Street. The other men also lived west of where they were arrested, within Harlem, Johnson at 206 West 140th Street, Loper at 298 West 138th Street, and Yerber at 106 Edgecombe Avenue. Only a small proportion of those involved in the disorder lived above 135th Street. The apparent quiet may have made the men willing to travel some distance from where they lived to investigate conditions in the neighborhood. Their arrests starkly illustrated that the reimposition of order did not make Harlem's streets safe for Black residents in the way it did for the reporters who ventured uptown from 125th Street to document their arrest. Discrimination and violence at the hands of police were an everyday feature of the neighborhood's racial order, not the result of its breakdown.
Newspaper stories contained few details of the shooting, even as they employed a range of dramatic and emotive language — for example, the New York World Telegram and Times Union reported a “nest” of snipers “trying to pick off” a "lone policeman." Stories in the New York World Telegram and Brooklyn Daily Eagle did offer the name of the officer allegedly targeted by Alston and his companions, Patrolman Jerry Brennan of the Morrisiana station, and the same dramatic account that a bullet whistled past his ear as he stood on post at Lenox Ave and 138th Street. Taking cover, he saw the men on the roof of the five-story building at 101 West 138th Street. Soon after, police reinforcements arrived and rushed to the roof to arrest the men. One other story, in the Home News, identified Brennan, but cast him not as the target of the shooters but as one of the police who responded. In a radio car assigned to the area with his partner Patrolman McGrady, Brennan “heard the shots and sped to the scene. At the radio car's approach the four snipers [standing in the doorway] ran to the roof of the building.” This story provides the key detail that no guns were found on Alston and his companions.
On March 20, the other three men appeared in court charged with disorderly conduct, according to the Washington Heights Magistrates Court docket book. The clerk annotated that charge with the word "annoy." Under that section of the statute, a person was guilty if they acted "in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others." A separate clause punished disorderly or threatening conduct or behavior, so based on that annotation, the men were not charged with attacking Brennan. That charge of annoying better fit the circumstances described in the Home News. Whatever the patrolman alleged, Magistrate Ford did not find sufficient evidence of the men's guilt and acquitted the three men. Given that outcome, it is possible Brennan mistook some other noise for gunfire. Without any evidence of an assault in the sources, these events are treated here only as arrests. It was not until three weeks later that Alston appeared in court, on April 9. On that date he was discharged, an outcome recorded in the transcription of the 32nd Precinct blotter made by the MCCH's researchers. In releasing Alston without trial the Magistrate was following the decision made in the other men's acquittals.
Alston’s fall attracted more attention than the shooting. Again the Home News offers the most detail, noting that the leap that Alston had attempted was a distance of seven feet (the New York Post said six feet), and that after he landed on the ledge he managed to crawl through the window into an apartment and hide under a bed. His escape bid failed as the occupants of the apartment called police. The Home News report also made clear that Alston did not appear seriously injured at the time of his arrest. It was at the 135th Street police station that he collapsed and was found to have a fractured skull, the serious injury noted in less detailed stories and in lists of the injured. (The New York Evening Journal was the only other newspaper to report these details, although it mistakenly reported that the group arrested numbered three, not four. The New York Post did report that Alston hid under a bed.)
The Daily News published a photograph of Alston's arrest in which he is holding his head, suggesting he did appear injured at that time. The caption published with the photo drew attention to the “clubbed gun” held by the uniformed officer leading Alston to a patrol wagon (seeming to suggest that the officer had used the gun butt to hit Alston). It concludes starkly, “He’s dying.” The photo published in the Norfolk Journal and Guide and New York World-Telegram credited to the International Photo agency and likely taken with the camera visible in the foreground of the Daily News photo a few seconds earlier, also clearly shows Alston clutching his head, with marks on his trousers and jacket that may be evidence of his fall. The officer’s clubbed gun is also again visible, together with the night stick of his partner. The full photograph from which the published image is cropped, part of the Bettman Collection digitized by Getty Images, provides a clearer view of those gathered around the building.
Visible to the right of this group are three black men obscured in the Daily News photo, which shows only white men. Given the location of this arrest in the heart of Harlem, at 5:00 AM, the only white men likely to be present would be reporters and police detectives in plainclothes. The photographs are some of the few taken beyond the area around 125th Street. By the time of Alston’s arrest, the disorder was over, allowing white reporters to travel more freely in Harlem than they had earlier, when crowds had attacked them. The captions accompanying the published cropped versions of the photo in the Norfolk Journal and Guide and New York World Telegram misidentified Alston as a suspected looter.
The New York American, New York Evening Journal, and New York Post included Alston in their lists of the injured, as did the New York Herald Tribune on March 21, and the Black newspapers the Atlanta World, Afro-American, and Norfolk Journal and Guide several days later, all describing the nature of his injuries with no reference to the circumstances in which he suffered them. He was not listed among those arrested. A photograph published in the Daily News of four patrolmen carrying a stretcher containing an injured Black "victim of the rioting" out of the West 135th Street station may be an image of Alston being taken to the hospital. The photograph was not published until March 21, and the caption identified it as having been taken "early yesterday." As the location was the 135th Street station, the "victim" would have been injured above 130th Street, the southern boundary of that precinct. Most seriously injured individuals would have been taken directly to hospital. -
1
2022-02-04T19:41:26+00:00
Daniel Miller arrested
86
plain
2024-02-12T22:14:20+00:00
Daniel Miller stepped up on a ladder in front of Kress' store about 6:15 PM and began to speak to a crowd he estimated at 100-200 people. The twenty-four-year-old white man who identified himself as a member of the Nurses and Hospital League had said only "Fellow workers" when someone in the crowd threw an object at the windows of the store, breaking one. Patrolman Timothy Shannon of the 28th Precinct, one of about five officers stationed in front of Kress' store, immediately pulled Miller from the ladder and arrested him. Sergeant Bowe testified in a public hearing of the MCCH that he was a "witness" to that arrest. James Parton, the Black man who had carried the ladder, and an American flag banner, to the front of the store and spoke briefly before Miller, was not arrested. Nor was Parton arrested when he climbed a lamppost on the opposite side of 125th Street and spoke to the crowd. However, Harry Gordon, a white man who followed Parton in climbing up the lamppost to speak, was, like Miller, immediately arrested.
Miller's testimony in a public hearing of the MCCH provided the most detailed description of his arrest. Patrolman Shannon also testified in an earlier public hearing, but he was not questioned about the arrest. Louise Thompson testified that she saw Miller begin to speak and the window broken. She did not see his arrest. Patrolman Moran did. Officers stationed with him in front of the store moved to arrest Miller and disperse the crowd listening to him as soon as the window was broken, he told a hearing of the MCCH. Two Hearst newspapers, the New York American and New York Evening Journal, published stories that described the arrest, but they included details that other sources indicate did not happen: Shannon arresting Miller after he refused an order to move on, with no mention of the widely reported broken window; and two white Young Liberators and Harry Gordon coming to Miller’s aid when he was arrested, and battling Shannon and two other patrolmen before also being arrested. Although the newspapers said their information came from police, these elements that did not happen seem to be a product of the anti-Communist stance and sensational style of the Hearst newspapers.
The lists of those arrested during the disorder published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, the New York Evening Journal, the Daily News, the New York American, and the New York Herald Tribune all included Miller among those charged with inciting a riot. However, Miller, and the three other white men arrested in front of Kress' store, are not in the transcript of the 28th Precinct police blotter in the MCCH records. Margaret Mitchell, the Black woman arrested inside Kress' store before Miller's arrest, and Claudio Viabolo, the Black Young Liberator arrested with two white companions soon after Miller, do appear in the transcription. That discrepancy suggests that the white men were omitted from the transcription, perhaps overlooked because they were somehow less readily identified as participants in the disorder among others arrested for unrelated activities at that time.
Miller was among around eighty-nine men and women arrested put in a line-up and questioned by detectives in front of reporters at Police Headquarters downtown on the morning of March 20, before being loaded into patrol wagons and taken back uptown to the Harlem and Washington Heights Magistrates Courts. Police put him on the platform in a group with Gordon and the three Young Liberators, Samuels, Jamison and Viabolo, a New York Herald Tribune story noted; it reported that police described them as all "arrested at a demonstration in front of the Kress store." That grouping was not mentioned in the two other newspaper stories about the line-up, with the Daily Mirror and New York Sun, as well as the New York Herald Tribune focusing on Harry Gordon refusing to answer questions until he saw his lawyer.
The Daily News and New York Evening Journal published photographs taken a few seconds apart that are captioned as showing the four white men arrested outside Kress’ store in the West 123rd Street police station on their way to the Harlem Magistrates Court on March 20. Surrounded on three sides by both uniformed police and detectives in plainclothes, three white men are visible, with another white man party visible behind them, all but the first, identified in the caption as Harry Gordon, looking at the ground. Miller was the man on the right of the group, according to the captions. To his right is a Black man, almost certainly Viabolo, as police had grouped him with these men in the line-up earlier that day, and would again in the courthouse. He was not identified in the captions, and, perhaps as a result, cropped out of versions of the photograph published by several regional newspapers. Reflecting its anti-Communist focus, the New York Evening Journal placed the photograph on page one, across the whole width of the page, with a caption labeling the men “young college-bred Communists.” The next page featured photographs of two placards used in the picket, and the leaflets circulated by both the Young Liberators and the Communist Party. The Daily News photograph, taken at almost the same moment, appeared in the center of a two-page spread of photographs of the disorder in the center of the newspaper. The caption did not identify the men as Communists but as inciting the riot, focusing on drawing a contrast between their uninjured appearances and the damage done during the disorder. (Gordon later testified he had been beaten and had injuries to his face; he may be the man whose face was not visible in that photograph notwithstanding the caption.)
Police continued to group Miller with the other four men when they were appeared in Harlem Magistrates Court. In stories on the court appearances, the New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used. However, while the Daily News, New York Herald Tribune, New York World-Telegram and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being charged separately from Miller and the other three men. That separation would have resulted from the different arresting officer listed in the Harlem Magistrates Court docket book for Gordon, Patrolman Irwin Young, not Patrolman Shannon, the arresting officer recorded for the four other men. The charge recorded for Gordon was also different, assaulting Young, not inciting riot. The Daily News claimed Gordon "was heard separately when he indicated that he would produce his own lawyers."
In the Harlem Magistrates Court Miller was charged with inciting a riot, as were Jameson, Samuels and Viabolo. When their names were called, two lawyers from the International Labor Defense Fund rose to represent them. The appearance of those attorneys was reported by the New York American, Daily Mirror, Home News, Daily News, New York Herald Tribune, New York Times, New York World-Telegram and Daily Worker but for some reason they were not recorded in the column for the name and address of a defendant's lawyer in the Harlem Magistrates Court docket book (a section completed for Harry Gordon). The ILD's affiliation with the Communist Party would have been well-known to readers of those newspapers, but the Daily Mirror explicitly made the connection in its story, stating that the men's "Communistic affiliations were declared" by the identity of their attorneys. The Daily Mirror and Daily Worker named the lawyers as "Miss Yetta M. Aronsky and I[sidore] Englander," while Daily News named only Aronsky, and the New York American, New York Herald Tribune and New York Times reported only "a woman lawyer" who would not give her name to their reporters. (Englander later testified about being present in the court in a public hearing of the MCCH).
Assistant District Attorney Richard E. Carey, the Black attorney Magistrate Renaud had requested prosecute those arrested in the disorder, according to the Daily News, requested the men be held for a hearing on Friday on the maximum bail of $2500. The men's ILD lawyers protested that sum. Other arrested during the disorder charged with felonies had their bail set at $1000, including Harry Gordon. Magistrate Renaud dismissed those protests, and complaints by Aronsky, reported by the Daily News and Daily Worker that the men "had not been fed by police following their arrest."
When Miller returned to the Harlem Magistrates Court with the three Young Liberators, Magistrate Ford dismissed the charges against the group because the grand jury had indicted them in response to evidence presented by District Attorney Dodge as part of his investigation of the disorder. The Magistrates Court docket book records the deposition of the men's cases as "Dism[issed], def[endant] indicted." Stories in the Daily Mirror and New York Amsterdam News also reported they had been indicted by the grand jury. However, while the grand jury did send the men for trial, it was for a misdemeanor, not a felony, so an information that sent them to the Court of Special Sessions, not an indictment that would have sent them to the Court of General Sessions. Other stories included elements of that distinction. The New York American reported that after being discharged the men were "turned over to detectives with bench warrants based on the Grand Jury informations voted last week charging inciting to riot." The New York Herald Tribune also reported "two informations charging five persons with inciting riot" without naming them; so too did the Daily News, which alone specified that an information charged a misdemeanor and that the men were sent for trial in the Court of Special Sessions. The grand jury also sent all the other individuals charged with inciting a riot that appeared before it to the Court of Special Sessions to face trial for misdemeanors. Testifying in a public hearing of the MCCH, Miller said he was charged with unlawful assembly. That crime involving disturbing the peace, not efforts to prevent the enforcement of the law or incite force or violence.
As other prosecutions resulting from the riot made their way through the courts there were no reports mentioning Miller, or Jameson, Samuels and Viabolo. Finally, on June 20, the four men appeared in the Court of Special Sessions — the New York Amsterdam News reported an additional defendant, a "young sympathizer," Dave Mencher, not mentioned in any other sources or in the Daily Worker story, the only other report of this trial located. Only one prosecution witness testified before the court's three judges, Sergeant Bauer of the West 123rd Street station (likely the sergeant who testified at the public hearings that he was involved in the arrest, although his name was recorded as Bowe in the transcript). It is not clear why Patrolman Timothy Shannon, the arresting officer, did not appear as a witness. International Labor Defence lawyers again represented the men, but not the same attorneys as on the day after the disorder. Instead, Joseph Tauber and Edward Kuntz, who played prominent roles in the MCCH public hearings, represented the men. After cross-examining Bauer to establish that a crowd had collected in front of Kress' store prior to the men arriving, the attorneys moved to have the charges of inciting a riot dismissed. The judges agreed, and freed Miller and the three other men.
Miller's home address is recorded in the Harlem Magistrates Court docket book as 1280 South Boulevard in the Bronx. That address is also published by the Daily Mirror, Brooklyn Daily Eagle, New York American, New York Times, and New York Age. However, the New York Evening Journal reported that address did not exist. A different address was published in the New York Herald Tribune, Home News, New York American, and New York Amsterdam News: 35 Morningside Avenue, between West 117th and 118th Streets, two blocks west of 8th Avenue. That address fits the information he gave in the MCCH public hearing. All those newspaper stories are reports of Miller's appearance in court, suggesting that the Morningside Avenue address was mentioned at that time even if it was not recorded in the docket book. Miller's organization, the Nurses and Hospital League, had an office downtown at 799 Broadway, identified in the New York Post, New York American, and Daily Worker as raided by police investigating the disorder that was outside Harlem.
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1
2021-04-29T16:49:22+00:00
Looting without arrest (38)
86
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2024-02-13T23:22:49+00:00
No one was identified as being arrested for looting just over half of the businesses identified in the sources. There are eighteen individuals arrested for looting for whom there is no information about their alleged targets; some of those men may have been charged with taking goods from stores for which there was no reported arrests. There are also twenty-one men charged with disorderly conduct in the Magistrates Court for which there is no information about their alleged actions. They may have been initially arrested for looting and then had the charges against them reduced when police could not produce evidence that they had taken property rather than been part of crowds around looted businesses. However, only 6% (3 of 50) of those accused of looting were ultimately charged with disorderly conduct (the charges brought against ten of those arrested for looting are unknown).
That evidence supports the claim that police were unable to protect businesses made in multiple newspaper stories and by business owners who sued the city for damages, as well as in the Mayor 's Commission (MCCH) report. Once the crowd around Kress’ store broke into smaller groups sometime after 9:00 PM, police were unable to clear the streets or contain all those groups. Irving Stekin told the city comptroller that the two police officers who eventually responded to his call to protect his store "couldn't do anything. The mob was too big for them," according to a report in the New York World-Telegram. When police did disperse crowds, they simply reformed, according to the New York Herald Tribune, New York World-Telegram, Norfolk Journal and Guide, and the MCCH Report. A more pointed image of that futility, in which police dispersed crowds only to see them gather again on the opposite side of the street, was described in the Afro-American and by business owners who testified in the Municipal Court. An alternative account in the Daily News presented crowds not as elusive but as "too scattered" to be controlled. As a result, rather than being ineffective, police were absent from the scene of some attacks on businesses. Business owners who sued the city for damages made that complaint. No police officers came to protect the stores of Harry Piskin, Estelle Cohen, and George Chronis despite Piskin approaching police officers on the street and them all visiting or calling the local stationhouse.
The absence of police from some parts of Harlem resulted in part from a decision to concentrate them elsewhere. Reported police deployments focused on West 125th Street. Inspector McAuliffe used the reserves sent to Harlem after 9:00 PM to establish a perimeter around the main business blocks of the street, from 8th to Lenox Avenues, from 124th to 126th Streets, according to stories in the New York Times, Daily Mirror, and Pittsburgh Courier, the only stories that described police deployments. Six emergency trucks were stationed at the intersection of West 125th Street and 7th Avenue in that strategy. Each truck had a “crew of 40 men and [was] equipped with tear gas and riot guns,” according to the Daily Mirror. Emergency trucks were more dispersed according to the New York Herald Tribune; two at West 125th and 7th Avenue, one at West 125th and Lenox Avenue, and one at West 127th and 7th Avenue. Armed patrolmen guarded Herbert’s Blue Diamond Jewelry store on the northeast corner of that intersection as well as other businesses with broken windows in this area. The Daily News noted that guarding “windowless stores” handicapped police without referring to which stores received that protection. This scale of police presence is likely why only one business on West 125th Street — Young’s hat store — was among those reported looted despite at least twenty-three other stores having their windows broken. (The New York Evening Journal did report that "the rioting Negroes swarmed into stores. First the Woolworth "five and ten" then McCrory's and then the department store right and left in both sides of the street,” but as no other sources reported such looting, that claim was apparently a product of the sensationalization and exaggeration that marked that publication's stories about the disorder.)
(In the map, black borders indicate the locations where police arrested individuals for looting). Beyond West 125th Street, the police relied on radio cars patrolling the avenues and limited numbers of uniformed police and detectives in plainclothes moving through the streets. The New York Times reported that an emergency truck was stationed at West 130th Street and Lenox Avenue, in the heart of the blocks that saw the most reported looting. Police made eighteen arrests on Lenox Avenue between 125th and 135th, but clearly lacked the numbers to guard damaged stores or prevent crowds from forming as they did around West 125th Street. Similarly, police arrested three men for looting Jack Garmise's cigar store on 7th Avenue near West 116th Street, indicating the presence of uniformed officers and detectives, but their activity apparently did not extend to the blocks of West 116th Street to the east or the adjacent blocks of Lenox Avenue where Hispanic-owned businesses predominated. Two stores were reported looted in that area, and at least another eleven had windows broken, a reporter from La Prensa found, without an arrest being made during the disorder. The police were not alone in their inattention to that area. Several newspapers drew the boundary of the disorder north of West 116th Street: crowds only went as far south as 120th Street according to the New York World-Telegram, New York Herald Tribune, New York Evening Journal, and Daily Mirror, and as far south as 118th Street according to the Home News. (The Daily News and Afro-American did report crowds as far south as 110th Street.)
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2020-02-25T19:43:17+00:00
Police response
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2024-06-11T22:28:42+00:00
The police response to events inside Kress’ store slowly escalated, initially involving several patrolmen on post near the store, then reserves in radio cars, mounted officers, and an emergency truck, led by increasingly senior officers, Sergeant Bauer, then Inspector Di Martini (who commanded four precincts that made up the 6th Division). After Kress' store closed, a small group of officers remained to guard the front and rear entrances. Approximately fifteen officers were present on 125th Street in front of the store when Daniel Miller and then Harry Gordon attempted to speak. The arrests of those men followed police practice of singling out the leaders of a crowd, but came at the cost of reducing the number of officers guarding the store. When the crowd moved to the rear of the store, those officers called for help. Inspector Di Martini returned, and called for further reinforcements, likely in response to attacks on stores on 125th Street. Additional emergency trucks were sent, either three or four, as well as radio cars, uniformed officers, and plainclothes detectives. Estimates of the total number of police ranged from 500 to 1,000 men. Around 9:00 PM, Deputy Chief Inspector McAuliffe, commander of uniformed officers in Manhattan, took charge. The arriving police forces concentrated first on establishing a perimeter around 125th Street. Later, officers were dispersed throughout neighborhood, with radio cars patrolling the avenues, and Emergency trucks likely dispatched to outbreaks of violence. Stories in the New York World-Telegram, New York Herald Tribune, Home News, Norfolk Journal and Guide, Afro-American, and the MCCH report, described police as struggling to contain small groups that reformed soon after police scattered them. Nonetheless, police deployed in Harlem made at least 128 arrests. Officers also killed at least two Black men, Lloyd Hobbs and James Thompson. In the process, at least nine patrolmen and detectives suffered injuries.
Police officers already present on West 125th Street were the first to respond to events inside Kress’ store. Patrolman Donahue and his partner Patrolmen Keel saw three men struggling with Lino Rivera. At least one other officer, a Black officer named Miller, joined those two men. Keel and Miller must have remained outside the store, perhaps trying to move on the crowds that Donahue reporting seeing in line with police practice at the time, as neither are mentioned as having been involved inside Kress’ store. While Donahue left at 3:30 PM via the front entrance after he released Rivera, the store manager found only Miller on West 125th Street when he sought help sometime before 4:00 PM. Looking for police on post was how New Yorkers had traditionally sought their assistance. Miller must have left for the 4:00 PM shift change, as he was not mentioned again. Patrolman Timothy Shannon likely replaced Miller on West 125th Street, as he was in the store at 4:00 PM.
After twenty minutes in the store, Patrolman Shannon called for help, in the form of radio cars. In 1935, the Radio Motor Patrol, which worked sectors of 15–20 blocks, served as police reserves. Each car carried two officers. They were not yet equipped with two-way radios, so three cars were typically dispatched to each call to ensure that at least one responded. Shannon did not specify how many officers responded to his call. They clearly had little impact in dispersing the customers, as within minutes of their arrival Smith, the store manager, was telephoning the police for more help. A call to Police Headquarters was the means of seeking police assistance being promoted in the 1930s. Police responded by sending a sergeant to take control of the scene. According to the store manager, Sergeant Bauer soon told him that he did not know what to do. The manager then telephoned again, asking for enough officers to clear the store so he could close it. Additional officers were sent; the New York American reported that "About 40 radio patrolmen and detectives — the first major force to arrive — stamped into the store and cleared it" (although the story mistakenly claimed those officers cleared the store later, after it had been stormed by crowds from the street). The New York Herald Tribune reported three radio cars and an emergency truck arrived to help clear the store, which would have amounted to fourteen additional police. The Emergency Services Division had succeeded the police department’s Riot Battalion in 1925, with twenty-two trucks distributed around the city in 1935. Each truck had a crew of eight officers, equipped with a Thompson machine gun, three Winchester rifles, and a Remington shotgun, as well as a tear gas gun, for use against "disorderly crowds." Such incidents represented a very small part of the work of those squads, only 1.49% (100 of 6725) of the cases in which the squads were involved in 1935 according to the department's Annual Report. One arrest was made as the store was cleared, of Margaret Mitchell by Detective Johnson, confirming the presence of officers in plainclothes. Detectives in radio cars also served as reserves at this time.
Kress' store had been cleared and closed by the time Inspector Di Martini arrived at 5:40 PM. Although he told a MCCH hearing that he saw no “indications of further trouble" and left at 6:00 PM, the inspector did station "Sergeant Bauer, two foot policeman, one mounted policeman in the rear to prevent a riot.” Additional officers remained in front of the store, likely the "15 patrolmen, six mounted police and uniformed men of five radio cars" that the New York Evening Journal reported were present when Di Martini returned around 7:15 PM. Those officers focused on preventing a crowd from forming in in front of the store, moving along any who stopped, likely using their nightsticks. Although outnumbered by the crowds, the police followed their practice of arresting those they perceived to be leaders in an attempt to disperse the crowd. In this case, they arrested two white men who tried to speak to the crowds gathered on 125th Street and then two white men and a Black man who picketed in front of the store. Those arrests also brought police reinforcements. By the time Inspector Di Martini returned, some of the people police had pushed off 125th Street onto 8th Avenue had moved to 124th Street and attacked the rear of Kress' store. Two officers were injured as police dispersed that crowd. As police worked to keep 125th Street clear, mounted patrolmen played a prominent role, riding on sidewalks to clear crowds. While their efforts and those of officers patrolling the street swinging nightsticks kept the crowds moving, they did not prevent windows being broken in stores the length of the block between 8th and 7th Avenues. Only when reinforcements from other precincts began arriving around 8:00 PM were police able to start establishing a perimeter around 125th Street.
Several hundred police officers from surrounding precincts arrived on 125th Street around Kress' store, with Deputy Chief Inspector McAuliffe, who commanded uniformed police in the borough of Manhattan, taking charge around 9:00 PM. The six emergency trucks were given the most attention in newspaper accounts. They were stationed at several intersections to anchor the police cordon, with members of their crews, identifiable by the rifles — "riot guns" — they carried photographed guarding damaged stores around the intersection of 125th Street and 7th Avenue. The need to guard businesses continued to limit how many police could be deployed to control crowds, as police continued to focus on preventing large groups from forming or moving onto the block of 125th Street containing Kress' store, with mounted patrolmen and nightsticks again prominent. They did let individuals and small groups walk along the sidewalk. Further damage to store windows in this area was limited by the increased numbers of police, with additional windows broken seemingly only on two occasions when crowds broke through the police cordon, around 9:00 PM and again around 10:30 PM. Police made at least four arrests on that second occasion, but none are recorded around the time of the earlier incident. It could be that there were still insufficient police to make arrests at 9:00 PM, or that those arrested are among those for which there is no information on timing. Sometime between those two clashes, groups began to move away from 125th Street and direct their attacks at businesses and white individuals they encountered on 8th, 7th, and later Lenox Avenues. In response, police began to be deployed beyond 125th Street.
Rather than concentrating on a specific location, the crowds beyond 125th Street came together in smaller groups, scattering when police appeared and reforming when they departed. They ranged over an area too large for police to guard with any sort of cordon. Instead, police responded to calls, patrolled the streets in radio cars, and took up positions at some locations. Unlike earlier in the disorder, they encountered looting, which officers regarded as a serious enough offense to warrant shooting at alleged offenders. Police fatally shot two Black men allegedly caught looting, and likely shot and wounded several others. They also made more arrests during this period of the disorder than earlier, with almost half of the arrests with information on timing occurring between 11:00 PM and 2:00 AM. However, the gunfire and arrests did not prevent widespread damage and looting. More than one hundred business owners cited a lack of police protection when they sued the city for failing to protect their property from the disorder. By 4:00 AM, Deputy Chief Inspector McAuliffe claimed the streets were quiet. There were three incidents an hour later involving radio cars patrolling 8th and Lenox Avenues, including the fatal shooting of James Thompson.
While police reserves from outside Harlem were sent home, a large force of police was on Harlem's streets on March 20, and additional police were present in the neighborhood for several more weeks, including numbers of detectives in plainclothes. -
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2022-06-22T13:13:29+00:00
Police deploy beyond 125th Street
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2024-06-11T22:31:51+00:00
“As they arrived, the police were distributed through 125th Street from Lenox to St. Nicholas Avenues from 125th to 135th Streets,” the New York Herald Tribune reported. Disorder spread beyond 125th Street sometime before police were deployed in those areas. Windows were reported broken on 7th Avenue north of 127th Street not long after 8:30 PM with no indication that police were present until around 9:45 PM, when an officer from the 40th Precinct in the Bronx arrested Leroy Brown at 7th Avenue and 127th Street. After 10:00 PM police began to appear on 7th Avenue south of 125th Street. There is no evidence of when police deployed on 8th Avenue, but it seems likely it occurred around the time they moved on to 7th Avenue as officers were concentrated on that block of 125th Street. It was over an hour later that the sources mention police on Lenox Avenue north of 125th Street, an area east of where they had been concentrated. Crowds had been attacking stores on Lenox Avenue since at least 10:30 PM. Those crowds were not concentrated as they had been on 125th Street between 7th and 8th Avenues. Officers attempted to guard damaged stores that might be looted or patrolled blocks and intersections on foot as they had on 125th Street to respond to any crowds that gathered. Between twenty and thirty radio cars patrolled larger sections of the avenues, pulling over when they encountered incidents of disorder. It is not clear if Emergency trucks also patrolled the avenues; they are mentioned in the press only taking up fixed positions. There is no mention of mounted police anywhere but 125th Street. The New York Times, Home News, and New York Sun also reported that patrolling police saved white men and women from assault, with the New York Evening Journal and New York American reporting specific incidents that might have occurred in this time period, although no arrests were made in such circumstances to provide evidence to confirm either the general or specific claims.
The area over which disorder spread was too large to occupy or cordon off, and officers appear to have spent much of their time reacting to attacks on property. They succeeded in stopping those attacks only for as long as they were present. And even then, the range of their protection was limited to one side of the street. In Harlem, 7th Avenue and Lenox Avenue were major roadways, with two lanes of traffic in each direction, and an island planted with trees in the middle of 7th Avenue. The time it took officers to cross that distance often gave crowds times to disperse and avoid arrest. Unlike on 125th Street, police were not involved in the clashes with large crowds that saw officers injured; three police suffered injuries, one making an arrest and two driving on 8th Avenue. As they deployed across Harlem, police appear to have more often fired their guns than they had when establishing a perimeter around 125th Street. Newspaper reports of that shooting generally attributed it to the outbreak of looting, a legally more serious crime that police practice treated as justifying firing at suspects. The two Black men killed by police gunfire were both alleged to have been looting. However, five unattributed shootings of Black men suggest that police fired more indiscriminately at crowds. Police also appear to have continued to have hit those they arrested with their nightsticks and revolver and rifle butts. Police also appear to have made more arrests during this period of the disorder than earlier; almost half of the arrests with information on timing occurred between 11:00 PM and 2:00 AM. Arrests for looting are a large part of that total; as a more serious crime, police may have been more likely to make arrests for looting than for breaking windows or other activities.
The timing of arrests provides one source of evidence of when police began to deploy beyond 125th Street. However, Lt. Battle later told his biographer Langston Hughes that arrests were not an option early in the disorder as police were too outnumbered. An arrest required officers leaving the street to take their prisoner to a station house. Stories in the New York Evening Journal pointed to the need to guard damaged stores as an additional constraint on police. Furthermore, information on timing and location was available for only forty-seven of the 128 arrests (37%), with information on location but not timing for an additional thirty-two arrests (so 62%, 79 of 128, of arrests can be mapped). Consequently, the lack of arrests, particularly before 11:00 PM, was uncertain evidence of the absence of police.
The first recorded arrest away from 125th Street does not appear to result from the dispersal of officers across Harlem. The patrolman who intervened in an attack on a white man by a group of Black men on St. Nicholas Avenue and West 127th Street around 9:00 PM and arrested Paul Boyett was likely in a radio car going to 125th Street from the 30th Precinct not sent from where police were gathered. The next arrest, of Leroy Brown on 7th Avenue and 127th Street at 9:45 PM, offers clearer evidence of police deploying. Patrolman Edward Doran came from the 40th Precinct, directly across the river from Harlem in the Bronx. He testified to seeing a crowd gather in front of the store, and Brown then throw a tailor’s dummy through the window. While Doran arrested Brown, the other members of the group he heard and saw break windows further up 7th Avenue were not arrested. Twenty-five minutes later, Patrolman Irwin Young, who had earlier arrested Harry Gordon on 125th Street, made the second arrest on the same block of 7th Avenue, across the street. Although the first arrests south of 125th Street did not occur until after 11:00 PM, officers were reported to have clashed with crowds at 121st Street around 10:30 PM. That those officers made no arrests likely indicates that there were too few of them to control the crowd. A New York Evening Journal story sensationalized the incident in those terms: “Policemen attached to the West 123rd st. station were surrounded by men and women. Guns were drawn but the mob refused to disband and in the ensuing exchange of shots Lyman Quarterman, 34, 306 W. 146th St., was shot in the abdomen,” almost certainly by police. By 12:30 AM when Fred Campbell drove by, there were “an unusual number of patrolmen and policemen out with riot guns” at that intersection. Officers made arrests as far south as West 116th Street after midnight, but the number of damaged and looted businesses suggests a limited presence and concern with the Puerto Rican neighborhood centered on 116th Street.
Police likely deployed along 8th Avenue around the same time as they did along 7th Avenue as police had gathered at that intersection with 125th Street as they had at the other end of the block. There was no evidence of the timing of any of the arrests made on that street, which took place both north and south of 125th Street, although there are no arrests north of 135th Street as there were on 7th Avenue.
The first arrests on Lenox Avenue north of 125th Street came after 11:00 PM, but in that area there was not any indication of a police deployment earlier. Most of the arrests after midnight occurred on those blocks of Lenox Avenue, where police took people into custody as far north as 135th Street. Those blocks also saw the most extensive looting, a combination that suggests that the number of arrests reflected the scale and changed character of the disorder rather than indicating that police more effectively controlled the people on the streets. There was only one arrest recorded on Lenox Avenue south of 125th Street, an area with relatively few businesses, and not until 2 AM. That arrest was of a man carrying goods allegedly stolen from a hardware store, not damaging or looting a store. Around the same time police made arrests on the same sections of 7th Avenue.
After 3:00 AM there is a lull in both arrests and reported events. Earlier, when Deputy Chief Inspector McAuliffe, in charge of uniformed police in the borough of Manhattan, had been driven through Harlem just before midnight, he told a reporter from the New York Herald Tribune that “thousands of persons were staying in the streets late,” although he judged that “most of them appeared to be spectators.” Although Lt. Battle told a hearing of the MCCH that “there was no excitement” when he went on to Harlem streets at 2:00 AM, there was evidence of violence and arrests on Lenox and 7th Avenues on both sides of 125th Street at that time. However, when McAuliffe toured the neighborhood again at 4:00 AM, he “reported that all was quiet,” according to a story in the New York World Telegram. That assessment was likely why police called from precincts outside Harlem were sent home at that time, according to the New York Evening Journal. By that time it appears that police were relying on radio cars to patrol the avenues. The final arrests of the disorder came around 5:00 AM, made by officers in radio cars patrolling 8th Avenue and Lenox Avenue.
The combination of arrest and continued violence in the first arrest beyond 125th Street prefigured the results of police activity for the remainder of the disorder. The MCCH report summarized the situation as one in which “Crowds constantly changed their make-up. When bricks thrown through store windows brought the police, the crowds would often dissolve, only to gather again and continue their assaults upon property.” The New York World Telegram offered a similar picture: "Whenever the police succeeded in scattering them, the mobs reformed to continue their outbreaks." Predictably, the New York Evening Journal offered a sensationalized version of that narrative, in which "[mobs] disappeared, though, only to turn up at some other corner to wreak vengeance again on all whites and the police." In the Times Union's narrative, the violence, while not ephemeral, was as discontinuous as those newspapers, with "sporadic and small riots [breaking] out in various parts of Harlem." The Daily News focused on the dispersal of the crowds, describing how "armed bands of colored and white guerillas, swinging crowbars and clubs, roamed through barricaded Harlem," "too scattered for police to corral." So too did the New York Herald Tribune's narrative, in which "outbreaks spread to other parts of Harlem, with smaller groups here and there." In the New York Times "roving bands of Negro men and women" forcibly resisting "500 policemen patrolling streets in an area of more than a square mile," later becoming "marauding bands." In the New York Sun it was "small roving mobs which prowled through the city throughout the night," although most of its narrative attributed the violence to a single "frenzied and race-crazed mob...who tore through the streets." The dispersed nature of the violence is less clear in the narratives of other publications. The New York Post described a "tidal wave of rioting" that "surged through the district," and "recurring waves" of rioting. The Home News offered little sense of the location of the disorder, noting only that "the disorder spread to adjoining streets," and making one mention of "roving bands of colored men." So too did the New York American, which mentioned only that the outbreak "spread with disastrous results over an area of several blocks," and the Daily Mirror, in which the description was more dramatic and vaguer: "It was a wild night of melee with mob violence spreading as the night wore on.... The “battlefield” was no longer W. 125th St. It was spreading. It was Harlem."
Storeowners seeking police to protect their businesses reported that telephone calls and visits to the stationhouses failed to bring officers. Even when they arrived, police could often offer limited protection. After officers who fired their pistols in the air to disperse a crowd near Lenox Avenue and 132nd Street succeeding only in moving them from one side of the street to the other without interrupting their attacks on business, the frightened staff of William Feinstein’s liquor store locked up and fled. Several hours later police failed to stop the store from being looted, only arriving in time to arrest one of a group who took bottles of liquor. After the disorder, Feinstein joined more than a hundred business owners who successfully sued the city for failing to protect their property. Representing approximately a third of the businesses reported damaged or looted during the disorder, that number suggests a widespread scenario. However, the litigants and evidence of looting are concentrated on Lenox Avenue between 125th and 135th Streets. Those blocks also saw significant numbers of arrests. By contrast, 7th Avenue north of 129th Street saw very few reported incidents and only two arrests, although at least half of the eighteen arrests for which they are no details could have been in that area.
The gunfire that frightened Feinstein’s staff was a more frequent feature of the police response beyond 125th Street. The New York Times attributed that shooting to officers who “fired their pistols into the air, frightening away various groups of would-be disturbers,” as occurred around Feinstein’s liquor store. So too did the New York Herald Tribune, until midnight, when “as looting developed, the police began shooting.” That account fitted claims in the New York Times, New York Evening Journal, and New York Post that officers were under orders not to fire at crowds, or only “in the greatest emergency,” according to the New York Post. Inspector Di Martini told a hearing of the MCCH that he "gave instructions to police not to do any shooting." Instead, they used the butts of their guns as clubs (as can be seen in photographs of the arrest of Charles Alston and of an arrest on Lenox Avenue). As well as looting, it was violence directed against white men and women that led officers to use their guns, according to the New York Evening Journal: “But as the night wore on and the looting and violence increased to a point never before reached in New York City, the police were forced to use their guns—were forced to use them to protect helpless whites from being beaten and kicked and stamped to death under the feet of the stampeding blacks.” Sensationalized stories of violence against white men and women was the focus of that white newspaper's narrative of the disorder. In another story the New York Evening Journal presented police as using guns in response to crowds starting two fires on Lenox Avenue. (While firefighters extinguished those blazes, the claim in the Daily Mirror that they were “also pressed into the work of taming the mob"” appears to be an invention. There is no other evidence that “Fire engines were placed at advantageous positions in the side streets of the riot zone prepared to 'wet down' the more heated.” To the contrary, Inspector Di Martini told an MCCH hearing that he did not "call upon the fire department" as the crowds on 125th Street were not large enough to require them.)
Both the incidents in which police shot and killed Black men, Lloyd Hobbs on 7th Avenue and James Thompson on 8th Avenue, involved alleged looting. No one was identified as responsible for shooting and wounding an additional five Black men; all those incidents took place after 1:00 AM, in the areas where at that time looting was most prevalent. The New York Sun somewhat obliquely linked those shootings to the police, presenting police as using their guns in response to the increasing “fury of the mob": ”The crack of revolver shot bit into the din. Seven men reeled under the impact of the bullets.” Eunice Carter asked Captain Rothnengast for details of those shootings during an MCCH hearing, suggesting that they had been shot by police: “Officer, you stated that other people were shot but who shot them? Was there any effort to find out who shot them? Was any check made on the bullets to ascertain whether they came from police guns?” He replied simply that “No bullets were recovered.” Rothengast had earlier told the hearing that "several shots were fired from roofs and windows at us. I saw the fire from a pistol as it was shot from a roof on 129th Street.” Several white newspapers reported incidents of police being shot at that other evidence suggests did not happen. The New York American, Home News, New York Herald Tribune, and New York Post reported James Thompson shot at the detectives trying to arrest him, while the New York Evening Journal sensationally reported an even larger gunfight in which "other rioters" returned the officer's shots. However, police records make clear that only the detectives fired weapons, hitting Thompson and a white passerby, while one also shot himself in the hand. Similarly, a sniper attack on police reported by New York World Telegram, Brooklyn Daily Eagle, Times Union, and Home News appears not to have happened. The four men police arrested were charged with disorderly conduct for “annoying,” a charge that would not have been made had they actually shot at police. If anyone did shoot at police, they failed to hit their targets.
Only two police officers were injured away from 125th Street, in large part because the situations in which officers had been injured around Kress’ store did not occur when the disorder was not concentrated on a single location. Patrolman Whittington of Emergency Squad #9 was reportedly hit by a rock on a truck at 8th Avenue at 123rd Street around midnight. That location was close enough to the perimeter which police established around Kress’ store and 125th Street that the truck may have been part of that response to the disorder rather than involved in efforts to control crowds in the wider neighborhood. (A car driven by Detective Lt. Frank Lenahan on 8th Avenue was also hit by rocks, perhaps also away from 125th Street. Cars and buses driving on 7th Avenue were also attacked with rocks, including one with a Black driver, so Lenahan may not have been targeted as a policeman.) The second officer, Detective Nicholas Campo, was shot with his own revolver while trying to make an arrest; Irwin Young allegedly had also allegedly been assaulted during an arrest at the beginning of the disorder. Otherwise, the clashes between police and crowds that occurred around 125th Street did not happen when the disorder was not concentrated on Kress store: rather than attacking police guarding stores, crowds drew them away or waited until they moved away; and rather than resisting police efforts to disperse them, crowds scattered and reformed when police moved on.
With police killing Lloyd Hobbs the only incident beyond 125th Street to which the MCCH gave attention, information on the police response came from newspaper stories and legal records. When the disorder spread beyond 125th Street, reporters appear to have remained there, where police were concentrated, at the police stations on West 123rd Street and West 135th Street, and at Harlem Hospital. In reporting this period of the disorder they relied on police accounts of the incidents in which they made arrests. The narrow focus of arrest reports, which mentioned only the arresting officer, obscured the details of the police deployment. In a small number of cases, arrests by officers patrolling in radio cars were identified; however, radio cars were likely involved in additional arrests. -
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2020-12-03T17:21:15+00:00
Black women arrested for looting (3)
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2024-01-28T02:53:06+00:00
Three Black women were among the sixty individuals arrested for looting. They represent just under half of the women arrested, with three women arrested for breaking windows and another woman for inciting a crowd. (No women identified as white are among those reported as arrested during the disorder.) Few details of their arrests and alleged actions are recorded. Loyola Williams appeared only in the lists of those arrested for burglary; there is no evidence that she was prosecuted. Elizabeth Tai and Elva Jacobs were both charged with taking groceries, although the outcomes of their prosecutions suggest that neither actually had any merchandise in their possession. A district attorney reduced the charge against Tai to disorderly conduct, which suggested a lack of evidence of breaking in to a business or taking items. In Jacobs' case, a district attorney reduced the charge to unlawful entry, which suggested she had been arrested in a store, but without any items in her possession. Those reduced charges indicated that police could only provide evidence that the women were part of crowds on the streets not that they participated in looting.
The presence of Black women in the crowds on Harlem’s streets was recorded in most accounts of the disorder, but they are only rarely mentioned as participants in attacks on stores or looting. The Daily News, New York Evening Journal, New York Times, and Norfolk Journal and Guide all included women and men in their general descriptions of the crowds. (The Daily News highlighted their presence among those who broke windows in a headline, “Women Join Mob of 4,000 In Battering Stores,” without mentioning women breaking windows in the story itself.) Other papers such as the New York American, Home News, New York Sun, New York World-Telegram, and the Black newspapers the Afro-American and Chicago Defender included women only in the initial crowds inside and outside Kress’ store. Their presence at the outbreak of violence distinguishes the disorder in Harlem from those that followed in subsequent decades, in which Marilynn Johnson argues women became involved after men had initiated the violence. Women's early involvement in Harlem resulted from the disorder beginning in a store, at a time when only women were present to witness what happened to Lino Rivera. (Women are not mentioned in stories about the events of the disorder published in the New York Herald Tribune, New York Post, or New York Age.)
Women were specifically reported as participants in looting in only four newspapers. The Brooklyn Daily Eagle's general description of the disorder included "looting stores" among other activities of "Bands of men and women, in some cases joined by whites." When the Daily Mirror’s narrative reached the time when “Looters began to clean out the goods on display in the stores whose windows had been broken,” it noted “Both men and women were doing the looting.” In the Black press, the Atlanta World broadly included women in crowds that looted in a similar manner: “the members of the mob needed little provocation to start on the rampage. Using whatever weapons that were to hand, men, women and children in the mob broke hundreds of plate glass windows in stores belonging to white merchants, scattered and stole merchandise and destroyed fixtures.” Rather than a general presence among looters, women appeared just in a crowd looting Herbert's Blue Diamond Jewelry store in the New York Evening Journal: “The emergency squad police swept into the mob with riot guns, drove the yelling, threatening men and women from their loot and then guarded the store until armored trucks could remove the valuables.” However, other sources indicate that Herbert’s was not looted, but only had its windows broken, by the crowds that had gathered early in the disorder across the street around Kress’s store — crowds that multiple sources record included women. (The New York Evening Journal story also presented women as participating in an attack on a white man, B.Z. Kondoul, and in efforts to prevent firefighters from extinguishing a fire in a store on Lenox Avenue.)
Rather than participants, women were presented as instigators by Roi Ottley in his column in the New York Amsterdam News: “LENOX AVENUE was the scene of much of the disorder during that riotous fracas...From every shattered window rioters would emerge laden down with spoils...Women stood on the fringes of the mobs and dictated their choice to their men folk, who willingly obliged by bringing forth the desired article.” (Ottley also cast women as inciting the disorder more generally, also from greater distance, in an earlier column: “Women hanging out of windows screamed applause to the reign of terror...and prodded their men-folk on with screeching invectives.”) Those images are somewhat at odds with the agency displayed by the women shopping in Kress' store and may reflect Ottley's attitudes to women as much as their behavior during the disorder.
While these stories, and the photographs that accompanied them, indicate that women were part of the crowds on March 19, it remains unclear whether those women did not participate in looting or did and were not recorded by reporters or arrested by police focused on men they likely considered more threatening. From a broader perspective more removed from the events of the disorder, the MCCH appears to have concluded that women did participate, noting in its report: "Even some grown-up men and women who had probably never committed a criminal act before, but bad suffered years of privations, seized the opportunity to express their resentment against discrimination in employment and the exclusive rights of property." However, this section of the report was part of an effort to frame looting as less violent and threatening than it appeared in the initial newspaper stories. While noting that "it seems indisputable that the criminal element took advantage of the disorders," the previous sentence argued, "it seems equally true that many youngsters who could not be classed as criminals joined the looting crowds in a spirit of pure adventure." An earlier discussion of crowds in the disorder made a similar claim, that "Some of the destruction was carried on in a playful spirit. Even the looting, which has furnished many an amusing tale, was sometimes done in the spirit of children taking preserves from a closet to which they have accidentally found the key." Including women as participants in "playful" behavior did not run counter to gender roles and stereotypes in the way that their participation in violence did. The only other place women appear in the MCCH report's discussion of the events of the disorder is as shoppers in Kress' store.
By the time disorder broke out again in Harlem in 1943, when the police recorded attacks on businesses and looting systematically in a way that they had not been in 1935, the press associated looting with Black women, a representation that would intensify in subsequent decades. Harold Orlans' contemporary study of newspaper stories about the 1943 racial disorder and Laurie Leach's more recent analysis both note the attention given to Black women. Photographs of women participating in attacks on stores and being arrested for looting appeared on the front pages of both of Harlem's Black newspapers, the New York Amsterdam News and the New York Age, when they first reported the disorder in 1943. One striking image on the front page of the New York Amsterdam News a week later, which also appeared in Life magazine, could be seen as in line with the reading of women's behavior as playful advanced in 1935. Historian Sara Blair described the image as featuring "an attractive young woman [who] smiles openly at the camera, part of a group of style-conscious women balancing boxes of hosiery and other consumer goods (one shopping bag is emblazoned with the logo “Modesse”) as they are escorted by police." She explains the woman's unselfconscious engagement with the camera as reflecting a participation in a social spectacle, a performative response to being photographed, that marked the new visual culture emerging in this period. The figure of the Black woman looter would take a more threatening form in white reporting and photography of the 1967 riots, as "greedy" and "criminal and culpable," as Kevin Mumford insightfully unpacked in his study of Newark in 1967. -
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2020-02-24T22:40:34+00:00
Assaults on police (9)
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2024-02-25T19:55:10+00:00
Nine police officers were among those reported as injured, six hit by objects thrown at them. One was attacked by an individual likely from the same crowds that threw objects at police. Two officers were injured making arrests, one hit by a shot from his own gun while attempting to apprehend a suspected looter, the other allegedly hit by a man who grabbed his baton. Assaults of police making arrests also occurred at other times in 1935; police being hit by objects did not. Six of the assaults occurred early in the disorder, two in front of Kress' store, two at the store's rear entrance, and two when police tried to establish a perimeter around Kress’ store. Only two assaults occurred after 10:00 PM, when the crowd broke up and smaller groups spread north and south on Harlem’s avenues, suggesting that the later disorder did not involve the same violence directed at police. There is no evidence of when the other assault, rocks thrown at a detective's car as he drove along 8th Avenue, took place. (This total excludes an incident in which newspapers reported four men allegedly shot at an unidentified police officer on Lenox Avenue and 138th Street as the men were charged merely with "annoying," not any form of violence, and acquitted of even that charge.)
Most of the assaults on police occurred when the disorder was focused on Kress’ store and 125th Street, where large crowds gathered and police struggled to disperse them. Although police several times succeeded in moving crowds away from Kress’ and off the roadway of 125th Street, there were too few officers to hold and control the crowds until after 10:00 PM. As 125th Street and 7th and 8th Avenues were major thoroughfares accommodating buses and streetcars, they had wide roadways, with two lanes of traffic traveling in each direction, as well as wide pavements. That created significant distances between police and crowds when officers set up cordons in front of Kress’ store and at the intersections of 125th Street and the avenues. As a result, much of the violence directed against police came in the form of objects thrown at them. Patrolman Michael Kelly was hit on the right leg by a stone around 7:00 PM behind Kress’ store, where police had followed a crowd drawn there by the appearance of a hearse. Kelly's injury was serious enough that he was taken to Harlem Hospital for an x-ray and observation. Detective Charles Foley was hit on the left shoulder, possibly suffering a fracture, a few minutes after the assault on Kelly, also at the rear of Kress’ store on 124th Street. This incident was the only time police and crowds clashed away from a major thoroughfare, on a narrower cross street that exposed officers to objects thrown from roofs as well as from the street level. Two hours later, around 9:00 PM, Detective William Boyle was treated on 125th Street for injuries “received while attempting to rescue an unknown white man being assaulted at scene of riot.” None of these officers suffered the head injuries that predominated among the civilians who sought medical treatment during the disorder.
Two other officers were assaulted several hours later, around 10:00 PM, after additional reinforcements arrived and police tried to establish a cordon and disperse crowds on 7th Avenue and 8th Avenue. Detective Henry Roge was hit by a rock allegedly thrown by James Hughes as he stood in front of Kress' store just after police had cleared 125th Street. Unusually, Roge’s partner claimed that as there were no other objects being thrown at the time, he was able to see who threw the rock and apprehend the man, James Hughes. Roge himself had been hit in the head and was bleeding profusely. The New York Evening Journal published two different photographs of a bleeding Roge being helped by a uniformed officer, one on the scene at 125th Street and the other somewhere inside, the only images of injured police published. While Hughes later pled guilty to misdemeanor assault, the presiding judge believed his target had been the store windows, not the police officer, and sentenced him to only three months in the Workhouse.
Around the same time, someone hit Patrolman Charles Robbins over the head with an iron bar, or a brick in some accounts. Being hit by a weapon, not a thrown object, involved an assailant in close proximity. Treated at 124th Street and 7th Avenue, Robbins had likely been involved in efforts to keep crowds from 125th Street. Images of police trying to hold back crowds show officers moving into the midst of groups of people, potentially exposing themselves to attacks such as Robbins suffered — and allowing their assailants to disappear into the crowd before they could be apprehended. However, it should be noted that in both the images, it is police officers who are wielding weapons or moving against the crowd, not the other way around. The caption to one photo also indicates that objects were thrown from the crowd at such moments: a Daily News photographer was hit on the head soon after taking the photo.
One of the two arrests in which a police officer was allegedly assaulted came at the very beginning of the disorder. When Patrolman Irwin Young and several other officers arrested Harry Gordon, a twenty-year-old white man, after he tried to speak to the crowds in front of Kress' store, Young alleged Gordon grabbed his nightstick and hit him with it. Gordon denied he assaulted Young, claiming instead that Young beat him; Louise Thompson also told a hearing of the MCCH she saw Young beat Gordon. Gordon also told the MCCH that Young beat him on the journey to the station and again later while he was in custody. Violence during arrests was nothing out of the ordinary in 1935. The outcome of Gordon's prosecution is unknown. The second officer allegedly assaulted during an arrest was also injured with his own weapon, in that case a revolver, at the very end of the disorder. According to the arrest report and police blotter, as James Thompson fled a grocery store where he had allegedly been discovered looting, he knocked into Detective Nicholas Campo, causing the officer's revolver to go off and a bullet to hit him in the hand.
Once the crowds broke up and spread, the police response changed and officers do not appear to have been targets of violence to the extent they had been. While police maintained a cordon around 125th Street and guarded some stores their presence in other parts of the neighborhood took the form of mobile patrols in radio cars or emergency trucks. On one occasion, a police vehicle was targeted in the same way that other vehicles driven by whites were, with the Daily Mirror reporting “Harry Whittington, an emergency policeman, was 'sniped' off of the emergency truck he was riding at 8th Ave. and 123rd St. by a rock that felled him unconscious.” Cars driven by whites were frequent targets of rocks and stones. The attack on Detective Lt. Frank Lenahan as he drove his car along 8th Avenue may also have occurred away from 125th Street; there is no evidence of its timing. According to the New York Herald Tribune, which provided the only description of the incident, Lenahan’s car “was badly battered by rocks and most of its glass shattered.” Apparently the officer himself was unscathed, as he does not appear in lists of the injured.
A widely reported incident of alleged “sniping” at police at the very end of the disorder was not included in the count of assaults on police as there is little evidence that police were actually targets of a shooting. Stories in the New York World Telegram and Brooklyn Daily Eagle did report that a bullet whistled past the air of Patrolman Jerry Brennan of the Morrisiana station as he stood on post at Lenox Ave and 138th Street, after which he saw four men on the roof of the six-story building at 101 West 138th. Soon after police reinforcements arrived and rushed to the roof to arrest the men. But in the Home News story, Brennan is not the target of the shooters but one of the police who responded after hearing shots. He appeared as the arresting officer in the Magistrates Court. This story provided the key detail that no guns were found on the men arrested, explaining both why police charged them with the lesser charge of disorderly conduct (annotated in the docket book as "annoy") and their acquittal, giving the story more credibility than other accounts.
More officers may have been assaulted during the disorder. The New York Evening Journal reported bandaged officers as well as prisoners in court the next day. However, while news photographs confirm the presence of bandaged prisoners, no injured officers appear in those images. -
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2022-07-14T17:02:48+00:00
Police find Lino Rivera
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2024-06-03T21:39:31+00:00
Sometime during the disorder, police tried to locate Lino Rivera so they could show that he had not been killed or beaten. Chief Inspector Seely ordered the boy be located, according to the New York Times, which indicated that those efforts started after 9:00 PM when senior officers took charge of the police response. However, the Daily News, New York Herald Tribune, Home News, New York Times, Times Union, and Afro-American newspapers simply reported that police searched for Rivera throughout the night. They were unable to find him because the home address they had was incorrect: 272 Morningside Avenue rather than 272 Manhattan Avenue. (The New York Age story written early in the disorder included the incorrect address.) The Daily News reported that “the mistake was made” when Eldridge gave the address to an officer at the West 123rd Street station over the telephone — not that he had misrecorded the address as the New York Herald Tribune reported or that Rivera had given a false address as the Home News reported. According to Louise Thompson, a group of women who had tried to locate Rivera at the beginning of the disorder also had the wrong address, although one on the correct street: 410 Manhattan Avenue. Joe Taylor, the leader of the Young Liberators, also heard a rumor that Rivera lived at 410 Manhattan Avenue and went to investigate around 7:30 PM.
At 1:30 AM, Officer Eldridge was woken at his home on Whitlock Avenue in the Bronx by a telephone call telling him to report to the Chief Inspector at the West 123rd Street station, he told a hearing of the MCCH. The police officers who had been at the Kress store, Eldridge and Patrolman Donahue, had gone off duty at 4:00 PM. Until he was woken, Eldridge thought Rivera had been arrested and was unaware of what was happening in Harlem. He was able to go directly to Rivera’s home, arriving around 2:00 AM. He found him asleep, according to his testimony. The boy had not been there all night, as initially reported in the New York Evening Journal and New York Sun, but had gone out around 9:00 PM. Rivera had a cup of coffee and returned home after about twenty-five minutes because he "saw there was a lot of trouble around,” the New York World Telegram and Times Union reported. Rivera said Eldridge told him people thought he was dead, the New York World Telegram and New York Herald Tribune reported.
Eldridge took Rivera to the West 123rd Street station. Only the New York Sun described Rivera as “blubbering and frightened.” Rivera told a reporter for the New York World Telegram that he was at the station for about half an hour. During that time, police questioned him, he spoke with reporters and was photographed with Lt. Battle and Officer Eldridge. Newspaper stories that quoted his statements mentioned that he spoke to two different officers, Kear, according to the Daily News, and Captain Oliver, according to the New York Evening Journal and New York Sun. Battle told the MCCH that he asked Rivera “if he had been hurt by anyone and had he been arrested.” The New York Evening Journal, New York Post, New York Sun, and New York American published separate stories about Rivera’s statements. The Daily News, New York Herald Tribune, and Atlanta World appended his statements to larger stories on the disorder. Reporters also interviewed and photographed Rivera at his home later on March 20. The New York World Telegram, New York Herald Tribune, and La Prensa published separate stories based on those interviews, while the New York Times included Rivera in a larger story.
Inspector Di Martini took credit for having Battle appear in the images. “It was my idea to get Lieut. Battle to pose with the boy and get the picture into the streets as soon as possible,” he told a hearing of the MCCH. Battle said the reason Rivera posed with him was “for the moral effect.” Not made explicit in either statement was that having the boy photographed with a Black police officer added to the credibility of the image and cut across the racial divisions expressed in the disorder. “A lot” of pictures were taken, Rivera told a MCCH hearing, but only six different published images have been identified. An Associated Press photo that showed Battle seated with his arm around Rivera, who was standing, was published in the New York Times, New York Post, New York Herald Tribune, and New York Sun. Rivera was only 4 feet 8 inches tall according to the New York Herald Tribune, so that pose put the two on the same level. Their height difference was visible in an image of them standing in the same pose taken by an International Photo Agency photographer. That difference was further emphasized in the photograph of this pose published in the Daily Mirror in which Battle is looking down at Rivera. (The Daily Worker took offense at Battle having "his arm protectively around" Rivera as the "Harlem masses...know that Battles would kill a worker on the slightest excuse.") Photographs taken by the International Photo Agency and Daily News revealed that Eldridge was on the other side of Rivera in both poses. Eldridge did not have an arm around Rivera, as Battle did, so was detached from their grouping. A second Black officer added to message Di Martini wanted to send. However, Battle was in uniform and well known as the senior Black police officer in New York City, while Eldridge was in plainclothes, a suit and tie, and not a public figure. It was likely on that basis that some photographers and editors decided not to include Eldridge. An ANS photo showed Rivera and Battle standing surrounded by white reporters, looking at a camera to their left. Where the other photographs showed Rivera unharmed, in contradiction of the rumors circulating in Harlem, the ANS image presented him as telling his story. Rivera, dressed in a leather jacket, is smiling in all the photographs. Photographed at home later that day, Rivera wore a suit and tie because he said his mother suggested he “dress for the picture." In the image published in the New York Evening Journal, he shows a pensive expression rather than smiling. (The New York Times reporter who visited Rivera at home described him as "a dejected figure," "overwhelmed by the fact that his desire for a ten-cent knife had precipitated the riot and resultant bloodshed.")
If the primary purpose of finding Rivera was to show that he was alive and unharmed, his appearance at the police station also brought some consistency to reports about the identity of the boy who had been in Kress' store. Louise Thompson heard from the women she spoke to in Kress' store that a "colored boy" aged ten to twelve years had been beaten. The signs carried by the Young Liberators who picketed the store an hour or so later referred to a "Negro child" and the leaflets their organization distributed an hour later later described a "12 year old Negro boy." The first newspaper stories published appear to have relied on those rumors and leaflets in describing the boy; with neither Eldridge nor Donahue still on duty, police apparently did not have more precise information until Rivera was found. The New York American mentioned a "colored boy" and a "10-year-old Negro boy," the Daily News a 12-year old "colored boy," the New York Evening Journal a 15-year-old "Negro boy," the Daily Mirror a "little colored boy," the Home News a "young colored boy," and the New York Sun a "Negro boy." Early stories in some Black newspapers featured similar descriptions, a "small Negro boy" in the Norfolk Journal and Guide and a 10-year-old "colored boy" in the Indianapolis Recorder on March 23. Other stories in Black newspapers simply referred to the boy's age not his race: a 16 year old boy in the Atlanta World on March 21, a 12-year-old boy in the New York Age, a 14-year-old boy in the Chicago Defender, and a 16 year old boy in the Afro-American and Pittsburgh Courier on March 23. Newspapers published on March 20 after police found Rivera identified him as a 16-year-old Puerto Rican, in the New York Post and New York World-Telegram, or a "Puerto Rican youth" in the New York Herald Tribune and Times Union. The New York World-Telegram pointed to the differences between Rivera and the boy of the rumors by putting Negro in quotation marks when reporting the rumors and the text of the Young Liberators leaflet. By contrast, the New York Times referred to a 16-year-old "Negro boy" even after Rivera had been found, as did the New York Sun and New York Evening Journal. While the New York Times did eventually identify Rivera as Puerto Rican when he appeared in the Adolescents court after the disorder, the New York Evening Journal continued to describe Rivera as "Negro," while the New York Sun made no mention of his race. Those newspapers' persistent use of "Negro" may have been intended to convey that Rivera was dark-skinned; the New York American described him in those terms, as a "dark-skinned 16-year-old Porto Rican" in a story reporting an interview with the boy in his home, while the Brooklyn Daily Eagle described him as a "Negro born in Porto Rico." Editions of the other newspapers published after Rivera was found, including the Black newspapers, simply switched to identify him as Puerto Rican. (Historian Lorrin Thomas argued that the New York Amsterdam News "failed to identify Rivera as Puerto Rican, referring to him instead as a 'young Negro boy,'" but did not provide a citation. The March 23 issue of that newspaper is missing the news sections, but the March 30 issue identified Rivera as a "16-year-old Puerto Rican youth.")
Police found Rivera too late for his appearance to impact the disorder, although it may have contributed to the violence not continuing the next evening. However, the delays in locating him fed rumors that he was not in fact the boy grabbed in Kress’ store. Reflecting questions raised in hearings, the MCCH report noted that, “The final dramatic attempt on the part of police to placate the populace by having the unharmed Lino Rivera photographed with the Negro police lieutenant Samuel Battle only furnished the basis for the rumor that Rivera, who was on probation for having placed a slug in a subway turnstile, was being used as a substitute to deceive people.” After members of the MCCH met with Mayor La Guardia soon after their appointment, on March 22, the New York Herald Tribune and New York Sun both reported that “some” of them said that many in Harlem did not believe that Lino Rivera was the boy who had been caught in the Kress store. (Stories about the meeting in the New York Times, New York Post, Brooklyn Daily Eagle, and Daily Worker included no mention of those comments.) An Afro-American journalist reported the rumors before the first hearing of the MCCH: “At the present time Harlem is divided into those who has been presented by the police as the boy in the case, is not the boy who was beaten in the store. They declare that Lino is being paid off to be the scapegoat and a camouflage....The AFRO reporter has run scores of tips about the boy who actually stole the knife, or a bag of jelly-beans, as it was first given out. Everything so far has run up a blind alley. One clue to the real boy is that all during the riot he was referred to as a 12-year-old boy, but became a 16-year-old one with the finding of Lino Riviera." The New York Age hinted at those rumors when it described Rivera as “believed to have been the cause of the whole affair.” Writing in The New Masses, Louise Thompson reported that a man and woman who had been in the store said Rivera was older and taller than the boy they saw. Other publications did not raise the issue. However, as the Afro-American journalist predicted, questions about Rivera were raised in a hearing of the MCCH. In the first hearing, Police Lieutenant Battle was asked, "Is there any evidence that would indicate that Rivera is not the boy? There has been such rumor." He simply answered, "No." L. F. Cole, a thirty-year-old Black clerk who had been in the Kress store, also testified that he had "no doubt" that Rivera was the boy he had seen taken away by police. The question was raised again at the third hearing on April 20. Mention that he had been on parole after being caught putting slugs in a subway turnstile prompted an interjection from "Mrs. Burrows": "My impression is that this boy is not the boy. We have testimony here that he got into trouble before March 19th, 1935. They had a boy under supervision. This is not the boy. They got a boy through these people and this is the boy they presented." Hays, chairing the hearing, pushed the ILD lawyers for evidence that another boy was beaten in the store. They had found none nor could they establish that Rivera had received lenient treatment. A month later, Jackson Smith, the store manager, confirmed in the subcommittee's final hearing that Rivera was the boy he saw from the office, with Donahue and again outside the grand jury room after the disorder. After listening to several questions trying to undermine the certainty of that identification, Hays announced "there is no question about it." Given the lack of evidence to the contrary, there is no reason to think Rivera was not person grabbed in the store. The shoppers who saw him in the store could have assumed he was younger, given his height. Similarly, seeing that he was dark-skinned, they could have assumed he was a Black rather than Puerto Rican.
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2022-03-11T22:00:36+00:00
Leaflets distributed
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2024-02-24T00:11:10+00:00
The Young Liberators printed a one-page mimeographed leaflet in the early evening of March 19. Just where they distributed the leaflet was uncertain. "Some white youngsters were passing out handbills" when a reporter for the Afro-American arrived at 125th Street and 7th Avenue at 7:14 PM. Louise Thompson saw people with the leaflet on that corner just after 8:00 PM, suggesting a focus on 125th Street. “They were hurriedly passed put among the throngs of Negro idlers up and down teeming 125th Street,” according to the sensationalized story in Time magazine. The New York American claimed, “These papers received wide circulation throughout Harlem.” The leaflet was also pasted on building walls, according to the New York Evening Journal. Reading its text incited the crowds that had gathered on 125th Street, the police and District Attorney William Dodge claimed, making the Young Liberators, who they considered Communists, responsible for the disorder. The MCCH did not agree. Based on testimony from Louise Thompson that the leaflet did not appear on 125th Street until sometime between 7:30 PM and 8:00 PM, the MCCH's final report concluded that the Young Liberators “were not responsible for the disorder and attacks on property which were already in full swing.” By 7:30 PM, “Already a tabloid in screaming headlines was telling the city that a riot was going on in Harlem,” the MCCH report also noted. Louise Thompson identified that newspaper as the Daily Mirror. Later on March 19, the Communist Party distributed a leaflet, after the Young Liberators approached them, concerned about the growing disorder, according to James Ford’s testimony in a MCCH public hearing. He said that leaflet was “written and distributed” about “9 or 10 o’clock.” Leaflets were still in circulation on Harlem’s streets around 2:00 AM. Sgt. Samuel Battle told a public hearing of the MCCH he came into possession of two or three at that time, without specifying which of the two leaflets.
Both leaflets identified Kress store staff as responsible for the violence against Rivera with only passing mention of police. That narrative focused protests on the store, and white businesses, Bosses, more generally, rather than police, or the white population. In terms of that framework, attacks on Kress’ store, and on other white businesses later in the disorder, appeared not straightforwardly as attacks on property and economic power, but also as retaliation against violence by those who owned and worked in those businesses
A mimeographed page, the Young Liberators’ leaflet combined handwritten and typewritten text. At the top, the handwritten text read, “Child Brutally Beaten. Woman attacked by Boss and Cops = Child near DEATH.” The remaining typewritten text read:ONE HOUR AGO A TWELVE-YEAR-OLD NEGRO BOY WAS BRUTALLY BEATEN BY THE MANAGEMENT OF KRESS FIVE-AND-TEN-CENT STORE.
THE BOY IS NEAR DEATH
HE WAS MERCILESSLY BEATEN BECAUSE THEY THOUGHT HE HAD ‘STOLEN’ A FIVE CENT KNIFE.
A NEGRO WOMAN WHO SPRANG TO THE DEFENSE OF THE BOY HAD HER ARMS BROKEN BY THESE THUGS AND WAS THEN ARRESTED.
WORKERS, NEGROES AND WHITE, PROTEST AGAINST THIS LYNCH ATTACK ON INNOCENT NEGRO PEOPLE. DEMAND THE RELEASE OF THE BOY AND WOMAN.
DEMAND THE IMMEDIATE ARREST OF THE MANAGER RESPONSIBLE FOR THIS LYNCH ATTACK.
DON'T BUY AT KRESS'S. STOP POLICE BRUTALITY IN NEGRO HARLEM.
JOIN THE PICKET LINE
ISSUED BY YOUNG LIBERATORS.
Predictably, the anti-Communist Hearst newspaper the New York Evening Journal gave the greatest space to the leaflet, publishing both the full text of the Young Liberators' leaflet and photographs of it (and the Communist Party leaflet and two placards carried by pickets, under the headline "Insidious Propaganda That Started Harlem Riot," and a front-page photograph of the men arrested protesting in front of Kress’ store). A portion of the Young Liberators' leaflet appeared in a combination of Associated Press photographs published in several newspapers. In addition to the New York Evening Journal, the Home News, New York World-Telegram, and the New Republic published the text of the leaflet. The New York Herald Tribune quoted only about half of the leaflet, stopping after the first use of “lynch attack.” None of those published versions of the circular included the final line, “JOIN THE PICKET.” That line did appear in the version published by the Norfolk Journal and Guide, the only Black publication in which the leaflets were reproduced. That line was in the photograph published in the New York Evening Journal, in the version of the leaflet in the MCCH’s final report, and was raised by Hays in the public hearing of the MCCH (James Taylor, the leader of the Young LIberators answered that he did not know to what it referred). The text published in the Home News omitted the line DON'T BUY AT KRESS'S. STOP POLICE BRUTALITY IN NEGRO HARLEM and substituted instead “Demand the hiring of Negro workers in Harlem department stores. Boycott the store." That phrase transposed the call not to buy in the store into the terms of boycott of the campaigns of the previous year to effectively treat the tactic as having a single goal. The New York Post quoted only the handwritten headline of the leaflet, the characterization of the incident as “this lynch attack,” and the call for protest. Time quoted only the headline, and the Afro-American only the first two phrases from the headline and omitted “boss” so that the charge of violence was only against police. Quotations in the New York Sun were garbled versions of the actual leaflet text and included words and phrases that appeared but in the wrong form: "A Child Brutally Beaten." "A Twelve-Year-Old Child Was Brutally Beaten for Stealing a Knife from a Five and Ten Cent Store." "Workers Protest Against This Lynch Attack." The Daily News misreported the leaflet as making the more provocative charge that the boy had been beaten to death. Initial stories about the disorder published by the New York Times and New York American did not mention the leaflet but added them to their narrative the next day, March 21.
The Communist Party leaflet, also a mimeographed page, similarly began with handwritten text that read, “FOR UNITY OF NEGRO AND WHITE WORKERS! DON'T LET THE BOSSES START RACE RIOTS IN HARLEM!”. The typewritten portion went on:The brutal beating of the 12-year-old boy, Riviera, by Kress's special guard, for taking a piece of candy, again proves the increasing terror against the Negro people of Harlem. Bosses, who deny the most immediate necessities from workers' children, who throw workers out of employment, who pay not even enough to live on, are protecting their so-called property rights by brutal beatings, as in the case of the boy Riviera. They shoot both Negro and white workers in strikes all over the country. They lynch Negro people in the South on framed-up charges.
The bosses and police are trying to bring the lynch spirit right here to Harlem. The bosses would welcome nothing more than a fight between the white and Negro workers of our community, so that they may be able to continue to rule over both the Negro and white workers.
Our answer to the brutal beating of this boy, by one of the flunkies of Mr. Kress, must be an organized and determined resistance against the brutal attacks of the bosses and the police.
WORKERS, NEGRO AND WHITE: DEMAND THE IMMEDIATE DISMISSAL AND ARREST AND PROSECUTION OF THE SPECIAL GUARD AND THE MANAGER OF THE STORE.
DEMAND THE RELEASE OF THE NEGRO AND WHITE WORKERS ARRESTED.
DEMAND THE HIRING OF NEGRO WORKERS IN ALL DEPARTMENT STORES IN HARLEM
DON'T LET BOSSES START ANY RACE RIOTS IN HARLEM.
DON'T TRADE IN KRESSES.
Issued by
Communist Party
Young Communist League
The Daily Worker published the Communist Party leaflet text, while not publishing the Young Liberators' leaflet, perhaps because the public position of the Young Liberators was that the organization was not affiliated with the Communist Party. The handwritten headline of that leaflet appeared at the end of the story in the New York World-Telegram, after the full text of the Young Liberators' leaflet: “In another manifesto, signed by the Communist party and the Young Peoples’ League, a plea was made “for unity of Negro and white workers—don’t let the bosses start race riots in Harlem!” While the New York Evening Journal published a photograph of the leaflet, no other white newspapers reproduced the text, nor did it appear in the MCCH final report. The Norfolk Journal and Guide was the only Black publication in which the leaflet text was published.
Initial newspaper stories reported that police said that the leaflets were responsible for moving the crowds on 125th Street to violence. The sensationalized version of that story employed metaphors of fire that placed the leaflets at the start of the disorder: leaflets were the “match which ignited Harlem and pitted its teeming thousands against the police and white spectators and shopkeepers” in the Daily News, “inflammatory handbills, the spark that fired the tinder” in Newsweek, and "inflame the populace" in a New York Age editorial; and in the New York Sun and Daily Mirror leaflets fanned the crowd’s fury. The New York Evening Journal opted for a more racist image evoking slavery, in which the leaflet was “largely responsible for whipping the Negroes to a frenzy.” The New York Age columnist the "Flying Cavalier" described the leaflets as as an example of the Communist "technique in the making up of their messages which would incite a lamb to jump on a tiger—if the lamb didn’t think first." Other newspapers framed the leaflets in terms of rumors: as having started the rumor in the New York Herald Tribune, as “the chief agency which spread the rumor" in the Home News; and as having “helped spread resentment” in the New York Post. (The New York World-Telegram described the leaflet without giving it a specific role; the “tinder for the destructive conflict” was the rumor that a boy had been beaten and killed, “assiduously spread by Communists.”) Writing in the New Republic, white journalist Hamilton Basso devoted two paragraphs to weighing the role the leaflet played in the disorder. He concluded that it “helped to rouse the crowds to violence,” but rejected the idea that the leaflet’s purpose “was deliberately to provoke a race riot” as requiring belief in “the stupid Red Scare of the Hearst press.”
The only direct evidence of when the Young Liberators' leaflet was distributed came from Louise Thompson. She told a public hearing of the MCCH that the leaflets were not in circulation when she left 125th Street around 7:30 PM. It was when Thompson returned around 8:00 PM that she “first saw the leaflet” in the hands of several people, but not anyone handing them out. Thompson was not a disinterested witness; as a member of the Communist Party, she would not have wanted to see them held responsible for the disorder. L. F. Cole, who like Thompson had been inside Kress’ store after Rivera was grabbed but was not a Communist, told the MCCH he saw pamphlets in the crowd around 8:00 PM (the number is smudged in the transcript so that time was uncertain). Inspector Di Martini’s report supported that timeline, locating the appearance of “a number of pamphlets under the heading of the YL and YCP” after the crowd that gathered the rear of Kress’ store around 7:00 PM had been dispersed. Presumably that timing was based on the statements of officers on 125th Street — but not Patrolman Moran, who told the MCCH he was on duty in front of Kress’ store from 6:00 PM throughout the night and did not see leaflets passed out. Copies of the leaflets were attached to the report. They may have been the copies that Lieutenant Battle told the MCCH public hearing that he had gathered near the end of the disorder, around 2:00 AM.
Newspaper stories presented a different timeline that had the leaflet appear earlier, around 6:00 PM, for which there was no direct evidence. The New York Evening Journal and Home News, the New York Post the next day, and the New Republic, reported that the Young Liberators' leaflet appeared about an hour after Kress’ staff grabbed Rivera, which would have been around 3:30 PM. When District Attorney William Dodge spoke to reporters on March 20, the Daily News, New York World-Telegram, and New York American reported him as saying that the leaflets appeared within two hours of the incident in the store. No one at the scene described that timeline. It was likely based on the text of the leaflet, which read “One hour ago a twelve-year-old boy was brutally beaten by the management of Kress five-and-ten-cent store.” At that time, however, the Young Liberators were unaware of what had happened in the store. It was not until around 5:00 PM, as police were clearing people from Kress’ store, that a Black man brought news to the offices of the Young Liberators, James Taylor testified. Taylor, the leader of the Young Liberators, was asked about the timing referred to in the leaflet; he replied that he did not know whether that was correct. The New York Times story reporting Dodge’s comments had the “first of the Communist handbills” appear at 6:00 PM. That timeline was at least plausible; it would have been around an hour after the Young Liberators learned of an incident in Kress’ store. It was not, however, a timeframe that fitted with Di Martini’s report. The Daily News had the Young Liberators distributing the leaflets as they picketed Kress’ store at a time not specified in the story. However, that detail was part of the truncated timeline police provided that had all five alleged Communists that they arrested arriving at Kress’ store at the same time rather than separately over a period of forty-five minutes starting around 6:00 PM as testimony from those at the scene indicated. The pickets were the final protesters to arrive at Kress’ store at around 6:45 PM. Thompson saw them so would have seen leaflets had they been distributed at that time.
William Ford’s testimony in a MCCH public hearing was the only evidence related to the origins and timing of the Communist Party pamphlet. The leaflet appeared after members of the Young Liberators visited Ford about an hour after distributing their leaflet, he testified. They “were very much disturbed” that “these leaflets had not been able to allay mass resentment in Harlem,” and instead “a rumor had got around that a race riot had started in Harlem.” The Communist Party immediately produced a leaflet intended “to stop race rioting,” Ford testified, and he went to Harlem around 8:00 PM. The leaflet arrived an hour or two later, about “9 or 10 o’clock.” The MCCH report stated that that Communist Party leaflet was issued “about the same time” as the Young Liberators’ leaflet. None of the newspapers mentioned the time that the leaflet was distributed.
District Attorney William Dodge and Police Commissioner Valentine both amplified the police narrative when they spoke to reporters on March 20 after Dodge's appearance before the grand jury to seek indictments against alleged participants in the disorder. Valentine summarized Di Martini’s “departmental report on the cause of the rioting” as detailing “that a Negro youth had been caught stealing, that a woman had screamed, that the 'Young Liberators' had met, that they had thereafter disseminated 'untruthful deceptive and inflammatory literature' and that all these events had been climaxed by the appearance of a hearse in the vicinity,” the New York Sun reported, a chronology also reported in the New York American, New York World-Telegram, Times Union, and Brooklyn Daily Eagle. (The hearse was not the final element in Di Martini’s report; it was mentioned before the Young Liberators). Two days later, Dodge showed the grand jury a typewriter and mimeograph machine. The fruits of police raids on the offices of several organizations affiliated with the Communist Party, the machines were used to produce the Young Liberators’ leaflet, he told the grand jury, according to stories in New York Herald Tribune, New York Post, New York American, Daily News, and New York Times. (The mimeograph machine was taken from the Nurses and Hospital Workers League, the organization which employed one of the men arrested for trying to speak in front of Kress’ store, Daniel Miller, the New York Post and New York American reported.) According to the Daily News, after the grand jury examined that material, “Dodge said arrests might be expected momentarily.” There were no reports of any arrests related to the leaflets.
Mayor La Guardia did not echo the district attorney and police commissioner in directly blaming Communists for the disorder. While his statement distributed and displayed in Harlem the evening after the disorder followed the same police narrative, and mentioned the leaflets, it did not present them as triggering the disorder. Instead, he used them to characterize those responsible: “The maliciousness and viciousness of the instigators are betrayed by the false statements contained in mimeographed handbills and placards.” That statement indirectly implicated the Young Liberators and Communist Party, who had signed the leaflets. However, the circular presented the disorder as “instigated and artificially stimulated by a few irresponsible individuals” who went unnamed. Questioned by journalists, La Guardia "would not say whether he agreed with the police that the instigators were Communists," the New York Herald Tribune reported.
Newspaper stories about the MCCH public hearing treated the testimony regarding the time at which the leaflets appeared in a variety of ways. The New York Herald Tribune and an editorial in the New York Amsterdam News highlighted how that testimony undermined what police said in the aftermath of the disorder. “Reds' Handbills Are Cleared As 'Chief Cause' of Harlem Riot” was the headline of the New York Herald Tribune story, which reported that “The committee learned that the circulars did not appear on the streets until 8:30 PM, fully two hours after the worst of the rioting was over. Therefore, the committee was asked by Communist lawyers to conclude that the literature could not have been a cause of much loss of property or life.” The New York Amsterdam News editorial, “The Road is Clear,” described the testimony that “The much-publicized Young Liberator pamphlets, carrying the false reports, did not appear on the streets until two hours after the worst rioting was over” as “one important fact” established by the MCCH. “With the red herring out of the way,” the editorial went on, “the investigating body can set out to probe the basic factors which really precipitated the riots - the discrimination, exploitation and oppression of 204,000 American citizens in the most liberal city in America. The New York Age, Home News and New York Times reported the testimony on when the leaflets appeared without addressing the implications of that evidence for the police narrative of the disorder. The New York American and Daily News mentioned other aspects of Taylor’s testimony about the leaflet but not when it was distributed, with the Daily News continuing to describe the leaflet as having "brought the riot into being." No mention of testimony about the leaflet appeared in stories about the hearing in the New York World-Telegram, Times Union, New York Post, and New York Evening Journal. In other words, the anti-Communist Hearst newspapers that had given the most attention to the leaflets did not respond to the testimony at odds with their narrative.
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1
2020-02-25T17:59:47+00:00
James Thompson killed & Detective Nicholas Campo shot
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2024-05-31T03:08:07+00:00
Around 5:30 AM James Thompson, a nineteen-year old Black man, was shot and killed by Detectives Nicholas Campo and Theodore Beckler.
The officers claimed that while driving on 8th Avenue they heard breaking glass in a damaged grocery store at 2364 8th Avenue near the southeast corner of West 127th Street. Police crime scene photographs of the store taken later showed that there were several large holes in the windows and no merchandise left in their displays. However, like many other businesses, the shelves inside the store were untouched. To get inside, Thompson smashed the glass in one of the entrance doors, making the noise that the detectives heard. Investigating, they entered the store, a branch of the A & P chain. Press reports offered a variety of different accounts of what happened next. The New York American, Home News, New York Herald Tribune, and New York Post reported a gun battle between the officers and Thompson, during which he was shot in the chest and Detective Campo in the hand. The New York Evening Journal sensationally reported an even larger gunfight in which "other rioters" returned the officer's shots. The New York World-Telegram reported a struggle between Thompson and Campo during which Thompson was shot; the officer then dropped his gun, causing it to go off and a bullet to hit his fingers. The New York Amsterdam News reported, several days later, that the officer’s gun went off accidentally, hitting Thompson.
The arrest report and police blotter made no mention of Thompson having a gun or struggling with the officers. Instead, as Campo and Beckler moved through the store, Thompson burst out of the rear storeroom and ran for entrance. He collided with Campo, causing the detective’s pistol to fire and the bullet to hit two fingers on his left hand. When Thompson got out on to the street, he ran across 8th Avenue toward his home at 301 West 127th Street. As the two detectives followed, they both shot at him; Campo fired twice, Beckler five times. Only one of those bullets hit Thompson, but it struck him in the chest, perforating his liver. One of the other shots hit Stanley Dondoro, a white man walking along the west side of 8th Avenue, in his left leg. A resident of Hoboken, New Jersey, Dondoro was likely on his way to work in one of Harlem’s businesses. The Home News and New York Post added the detail that a third bullet had passed through the trousers of a man with Dondoro without injuring him. Campo and Beckler caught up with Thompson in front of the building where he lived and arrested him. A note at the end of the hospital admission records indicated that Thompson died at Harlem Hospital at 9:30 AM, four hours after the shooting, a time of death that led to him being listed as the only fatality of the disorder in newspapers published on March 20. Campo appeared in lists of the injured published by the New York Evening Journal, New York Post, and New York American.
Police investigated the shooting after the disorder, according to the records gathered by the MCCH. A police blotter record of Captain Mulholland’s investigation identified the detectives as responsible for shooting Dondoro, specifying that Campo had shot twice at Thompson and his partner Detective Beckler had shot three times, as well as twice in the air, a warning to stop that was a common police practice. One of the bullets struck Thompson in the chest, killing him. The blotter also recorded Captain Mulholland’s conclusion that Campo sustained his injury “in proper performance of police duty and no negligence on the part of the aforesaid detective contributed thereto." Campo and Becker also appear not to have been disciplined or charged for killing Thompson. Asked in reference to the killing of Thompson and other Black men killed during the disorder in a hearing of the MCCH, “Has anyone been arrested, charged with using deadly weapons with which these men were killed?", Captain Rothengast replied, "Some of the detectives were exonerated."
Although the New York World-Telegram story reported Thompson as saying at the hospital that “he was hungry," “that others were stealing, anyway,” and that he was “long out of work,” there was no record of an admission in the report of the police investigation. James Tartar, an investigator for the MCCH, did interview Thompson’s aunt, Sarah Rhue, on April 20. She reported hearing from Thompson’s landlady that he had brought home canned goods during the disorder, with the implication that he had been looting prior to the shooting. However, she also reported that he worked at a barber’s shop, contradicting the statement that he was out of work in the admission reported in the New York World-Telegram.
The police records and newspaper for some reason all mistakenly identified the address of the grocery store as 2365 8th Avenue. However, a large bank building was at that address with no other businesses. The A & P grocery store was included in the MCCH business survey at 2364 8th Avenue and was visible in the Tax Department photograph of that address taken between 1939 and 1941. In addition, the NYPD crime scene photograph, taken soon enough after the shooting to show the damage to the store and debris still on the street, showed a distinctive raised stoop entrance to the upstairs apartments that was also visible in the Tax Department photograph of 2364 8th Avenue. -
1
2022-12-02T18:37:22+00:00
In Harlem court on March 20 (76)
57
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2024-01-25T21:35:19+00:00
Seventy-six of those arrested in the 28th Precinct, south of West 130th Street, during the disorder appeared in the Harlem Magistrates Court on March 20. Magistrate Renaud decided just over half of those prosecutions. He rendered verdicts in only nine cases, convicting five men and one woman and discharging three men. That was far fewer cases than Magistrate Ford decided in the Washington Heights Court that day in large part because those arraigned in Harlem faced more serious charges. Renaud sent twelve others for trial on misdemeanor charges in the Court of Special Sessions and eighteen more charged with felonies to the grand jury. The remaining thirty-seven people he remanded in custody on bail. Those hearings were reported in all of Harlem’s white newspapers, but not in Black newspapers, which did not report the disorder until March 30, when they reported later court appearances. The newspaper stories varied in detail, with most only offering general accounts.
Descriptions of the scene at the court emphasized the number of police present and how they kept onlookers at a distance. The Home News put the number of police at fifty, the New York Post at sixty-five. The New York Times reported “Heavy police guards composed of men on foot, mounted and on motorcycles, surrounded the courts,” the Home News reported “cordons," and later that “Heavy police guards surrounded the courts and held back many colored persons who attempted to enter the buildings,” the New York Sun “lines of policemen formed in the street” that stopped anyone from going “west of Third Avenue or east of Sylvan Place," the Daily News that “Spectators were kept a block away from the buildings," and the New York American that the court was "heavily guarded,” with the "crowd gathered in the vicinity but was not permitted near the courthouse.” Only the Daily News noted the police presence in the crowd itself, that “plainclothesmen prowled through the crowds.”
The New York Sun also reported an additional 25 officers in the court building, ten on the stairs leading up to the courtroom and 15 in the courtroom itself, the Daily News more generally that “police lined the corridors of the courts.” Despite police restricting access to the courthouse, newspaper stories did mention the presence of spectators in the courtroom. That crowd had arrived early according to the New York Post, which reported that by 9:30 AM the space had become so crowded that the doors were closed. The Times Union described those present as Black, while the New York Evening Journal said the courtroom was crowded with participants in the disorder, prisoners awaiting arraignment.
Newspapers offered only slightly more details about the crowd outside the courthouse. Only the New York American put a number on those present, 1,500 people, which is likely an exaggeration given the sensational style of that publication. The New York Post described the crowd as lining the curbs outside the courthouse rather than giving its size. The New York Sun, New York Times, and Daily News mentioned crowds without describing their size. Those stories focused on the composition and behavior of the people, about which they offered contradictory pictures. Most of the spectators, inside and out, were Negroes, according to the New York Post, while the New York Times described them as “Negro friends of the prisoners assembled to attend the arraignments.” To the contrary, the Daily News portrayed them as “evenly distributed between white and colored.” Descriptions of how they behaved ran the gamut, with the New York Post portraying them as showing “clearly that they were there just to see the sights," to the Daily News insisting that they were “entirely orderly,” and the New York Sun and New York Times highlighting moments of anger, “a storm of boos and jeers from the crowd” as a wagon loaded with prisoners drove by in the New York Sun, and “considerable grumbling, some shouting of threats, but no violence” recounted in the New York Times.
Two photographs published in the Daily News captured the arrival of prisoners at the Harlem courthouse. In a photograph that appeared on the front page on March 21, shot from street level, a crowd can be seen in the background, held back by a uniformed patrolman, the elevated railway line indicating that they were on 3rd Avenue. An injured man is visible in the photograph; unlike the photograph published in the same newspaper of men being loaded into a wagon at the 28th Precinct, the caption to that image made no mention of the man’s injury. However, a second photograph published in the Daily News of a different group of men exiting a wagon and entering the court, shot from above, did draw attention to prisoners’ injuries, in both the headline and caption attached to it. “Casualties of Race War,” was the headline given to the image, which was captioned, “Prisoners of War! Wounded in the battle of Harlem, these prisoners arrive at Harlem Court in police wagon.” (It is difficult to determine which of the men shown in the photograph are injured as the only available image is scanned from microfilm and is of poor quality. One of the men in the foreground may have a bandaged head.) A third photograph of prisoners arriving at the courthouse, found in the Getty Images collection, is not attributed to a newspaper or agency and did not appear in any of the publications examined for this study. Taken from a similar elevated angle to the first of the Daily News images, it showed a different group of prisoners being taken into the courthouse. The different arrangement of vehicles indicates that the photographs are of two different groups of prisoners. None of the men in that image have visible injuries, nor did the caption reference any. It simply noted, “Members of the press as well as police officers watch as police vans escort the arrested to the courthouse the day after rioting in the Harlem neighbourhood in the Manhattan borough of New York City, New York, 20th March 1935.”
As was the case in reports of the police line-up, several newspaper stories included incidental mentions of the visible injuries of many of those under arrest. The New York World-Telegram merely noted “many battered and sore” among the prisoners. The Daily News mentioned that “numerous minor defendants appeared in court with bandaged and plastered heads” but only to contrast them with the group of alleged Communists, none of whom was “hurt.” Alone among the mentions of injured prisoners, the New York Sun story explicitly stated what would have been widely understood to be the source of their injuries, describing “Groups of prisoners battered and bruised after their furious battles with the police.” The implicit acceptance of police violence against Black New Yorkers by the white press stood in stark contrast to the attention and criticism it attracted in the Black press.
Only the New York Evening Journal and Home News published lists of those being arraigned, neither of which was complete. The Home News identified thirty-seven of the seventy-six individuals, including their name, address, charge, the magistrate’s decision, the amount he set for bail, and also brief descriptions of their alleged offense. (In several cases those descriptions provide the only details of those events.) Three of those omitted were discharged; those discharged were also omitted from the publication's list of those arraigned in the Washington Heights court. There is no obvious reason why the other thirty-six were not listed. As discussed below, the New York Post, Daily News, and Daily Worker did note the speed with which cases were processed, which might have made it difficult for reporters to hear or otherwise gather information about them. The list in the New York Evening Journal also included the name, address, charge, the magistrate’s decision, and the amount he set for bail, without any information on the alleged offense. (My copy of this story is incomplete, so I do not know how many of those arraigned the newspaper identified; sixteen names are visible, but there were more in the list.)
The appearances of the four alleged Communists, Daniel Miller, Murray Samuels, Sam Jamison, and Claudio Viabolo, and in some cases Harry Gordon, also arrested at the beginning of the disorder were the only widely reported arraignments, with the Daily News, New York American and New York Evening Journal, also publishing photographs of the men leaving the 28th Precinct station for court. While the Daily News, New York Herald Tribune, New York World-Telegram, and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. And the New York Sun mentioned four white men but identified only Gordon. That difference appears to have resulted from Gordon being arraigned separately from the three Young Liberators and Miller. That separation would have resulted from Gordon being arrested by a different police officer. The Daily News claimed Gordon "was heard separately when he indicated that he would produce his own lawyers." The New York World-Telegram simply reported that “The fifth [man] was to be arraigned later in Harlem Court.”
These men drew reporters’ attention at least in part because police identified them as the instigators of the disorder, a claim that the Daily Worker reported that ADA Carey also made during the men’s arraignment. The New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used. The Daily Mirror elaborated that description in more sensational terms, describing them as “the curb-stone orators who had deliberately incited the 125th St. mobs to looting frenzy,” while the Daily News and New York World-Telegram used less sensational variations, with the Daily News describing them as those “whose propaganda is blamed for the riot” and the New York World-Telegram describing them as “accused of store picketing activities alleged to have been the direct causes of the riot.”
The stories also labeled the men Communists, with the New York World-Telegram and New York Sun directly attributing that information to police. The Daily Worker obliquely confirmed that source, reporting “Authorities declared that they 'would prove they were Reds.'” The anti-Communist Daily Mirror claimed the men identified themselves, that they were “all admitted Communists.” While the other stories did not explicitly label the men Communists, they identified the lawyers who represented them, details which would have conveyed to their readers that they were Communists. The Home News, New York Times, New York Herald Tribune, and Daily News all described the lawyers as from the ILD, well known in the 1930s as the legal arm of the Communist Party. The Daily Mirror explicitly made the connection in its story, stating that the men's "Communistic affiliations were declared" by the identity of their attorneys. The Daily Mirror and Daily Worker named the lawyers as Miss Yetta M. Aronsky and I[sidore] Englander, while the Daily News named only Aronsky, and the New York Herald Tribune and New York Times reported only "a woman lawyer" who would not give her name to their reporters. (Englander later testified about being present in the court in a public hearing of the MCCH.)
The other element of the men’s arraignment that drew attention was the bail of $2,500 that Magistrate Renaud set for Miller and the three Young Liberators (but not for Gordon). While the New York Herald Tribune, New York American, New York World-Telegram, Home News, and New York Times simply noted the amount of the bail, the Daily Mirror noted that sum was the “maximum bonds,” and was requested by the prosecutor, Carey. Without noting the high level of the bail, the Daily News reported that the men’s ILD lawyers “protested vehemently against the amount of bail.” That story also reported that one of those lawyers, Aronsky also complained that the men "had not been fed by police following their arrest," a detail that only the Daily Worker also reported. Magistrate Renaud responded to that complaint with a “retort,” the Daily News reported obliquely, and by saying “that he had no responsibility in the matter,” according to the Daily Worker.
Newspapers reported the other arraignments with summary statements (The Daily Mirror and New York Herald Tribune reported only the arraignments of the alleged Communists). That most cases were not decided but instead held over for further hearings, was noted by the New York American, New York Times, Home News, and Daily Worker. The New York Post and Daily News specified that it was defendants facing the “more serious charges” that were held on bail, with the New York Post identifying those charges as burglary and inciting to riot. The New York Sun merely noted that “The more serious cases were brought before Magistrate Renaud in the Harlem Court.” Only the New York Post, New York Times, and Daily News also noted that Renaud did decide some cases. Where the New York Times simply reported that “several were sentenced immediately,” the Daily News specified that “In the cases of those charged with misdemeanors he invariably found them guilty and held them either without bail for investigation or in bail of $500 for sentence Friday" and the New York Post add the detail that these were “The relatively unimportant charges, disorderly conduct, simple assault and so on” in which “Small fines with alternative jail sentences were administered, with most of the prisoners taking the jail terms.” The summary details offered by the Daily News and New York Post mask the small number of cases Renaud decided: he convicted only five men and one woman, and actually acquitted three other men, of the total of seventy-six who appeared before him. He also did not sentence any of those he convicted, instead ordering them investigated and returned to court for sentencing three days later, on March 23. What the New York Post described happened in the Washington Heights court, not the Harlem court.
The other feature of the hearings noted in those stories was the speed, the short time taken on each case. An early edition of the New York Post reported that “cases were handled with almost unprecedented speed.” A later edition elaborated that minor charges were “handled at a speed of ten minutes or less to a case” and more serious charges “also were jammed through rapidly.” The Daily Worker, which cast the work of the “capitalist courts” as “frame-up cases and grinding out convictions,” had case handled even faster: “30 cases of Negroes were disposed of in almost as many minutes.” The Daily News described the speed in terms of the activities involved rather than time: “As rapidly as overtaxed court clerks could draw the necessary papers Renaud heard defendants.”
Newspaper stories had little to say about how those in the courtroom reacted to the proceedings. What they did mention suggested a wariness that the Black community might see racial discrimination at work that could prompt further disorder. Only the Daily News reported that Magistrate Renaud expressed such concerns at the beginning of the hearing, announcing that at his request Assistant District Attorney Richard E. Carey, who was Black, had been assigned to prosecute the accused rioters so that "there can be no charge of discrimination." Only the Brooklyn Daily Eagle also explicitly linked Carey’s role to racial tensions, pointed to him being the prosecutor in the Harlem Court to claim “it could hardly be said there was racial discrimination against the Negro Prisoners.” That story did not mention that Renaud had requested Carey. The Daily Mirror did note that Carey, whom the story described as “a colored attache of District attorney Dodge’s office,” was specially assigned at the demand of Renard without providing his explanation for that request. The New York Post and Daily Worker simply noted Carey’s involvement in the prosecutions. On at least one occasion, Carey’s involvement produced the racial tensions Renaud had sought to prevent, according to stories in the Daily News and Times Union. The fullest account was provided by the Daily News: “…when a white attorney, who refused to give his name to reporters, sought to inject a question of race while a colored patrolman was testifying against Leo Smith, 18, of 305 E. 118th St., who is white, Renaud denounced the attorney. 'The patrolman in this case happens to be colored, the Judge happens to be white and the prosecutor is colored.' said Renaud. 'We recognize no race, color or creed here. We are looking for justice and law and order.'" Missing from that story was the reaction in the courtroom, which is what the Times Union reported: “The tenseness lingering from the night was apparent in Harlem Court, where Negroes in the jammed room muttered disapprovingly as a lawyer for a white defendant hinted the trouble was started by Negroes and was racial in origin. Magistrate Renaud quickly reprimanded the attorney.” (Strikingly, that account, and mention of Margaret Mitchell’s reaction to be charged — that she "denied hysterically she participated in the rioting. She stood up from the witness chair screaming, then collapsed" — are the only references to the court proceedings in the Times Union story). Neither story made clear just what Smith’s lawyer had said. The Black officer who testifed against Smith was one of four Black patrolmen, together with a Black detective, that the Brooklyn Daily Eagle story referenced alongside Carey to refute the possibility of racial discrimination in the courts. The New York Herald Tribune was the only other newspaper to note that “Among the arresting officers were five Negro patrolmen and detectives.”
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1
2022-09-03T17:48:37+00:00
Arrests (128)
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2024-06-03T21:35:22+00:00
Police records, legal records, and newspapers contained information on 128 arrests made by police across a period of approximately twelve hours from around 5:00 PM to 5:40 AM. The sources included information on the precise timing of only forty-seven arrests, just over one-third (37%) of the total. Most of those occurred between 10:30 PM and 1:30 AM. The final arrests of the riot, at 5:00 AM and 5:40 AM, came after a two-hour period without arrests with known times, and an hour after Deputy Chief Inspector McAuliffe had declared the streets quiet. They were made by patrolmen patrolling the avenues in radio cars. Three arrests were made after the disorder. Police arrested two men arrested in their homes and a third man in an unknown location.
Few of those arrests were made in the early hours of the disorder when it was concentrated on or around 125th Street. For much of that time, there were relatively few police on the street so they were perhaps too outnumbered to make arrests, as Lt. Battle later told his biographer Langston Hughes. However, two newspaper stories did suggest that some of the forty-nine arrests for which there was no information on time or location could have been made during this time. The New York Herald Tribune reported that "By 11 p.m. both the West 123d Street and West 135th Street police stations were filled with suspects arrested for alleged assaults with rocks, bludgeons, knives and revolver butts." The Home News included a similar statement in its story: "By midnight both the W. 123d St. and W. 135th St. stations were filled with suspects arrested for assaults with rocks, knives and clubs." The New York Herald Tribune story mentioned a total of fifty arrests, likely a number police gave a reporter around the same time so an interim total reflecting when that edition of the newspaper was finalized. The New York Times, a morning newspaper like the New York Herald Tribune, also reported fifty arrests in its story. Only sixteen arrests with a known time occurred before 11:00 PM, with an additional five arrests before midnight. Newspapers published later reported larger totals closer to the number identified here: "100 or more under arrest" in the New York Evening Journal; "113 men and women, mostly Negroes, under arrest" in the New York Post; "120 prisoners" in the New York World Telegram; "more than 120 arrested" in the Times Union; "more than 125 arrested" in the Home News; "127 prisoners" in the New York American; "more than 150 under arrest" in the New York Sun; and "150 arrests" in the weekly Afro-American published on March 23. Many of those numbers would have been provided by police when those arrested were arraigned in the two Magistrates Courts that had jurisdictions over sections of Harlem. If there were additional people arrested beyond the 128 men and women identified here, they likely were not prosecuted as the research included the docket books that listed all those who appeared in the Magistrates Court.
There were locations for seventy-nine of the 128 arrests, 62% of the total. Police made arrests across a wide area of Harlem, with concentrations on 125th Street, where Kress' store drew crowds, on Lenox Avenue north of 125th Street, and on 7th Avenue between 125th and 130th Streets, where extensive damage and looting was reported.
Only eleven (14%) of those arrests took place above 130th Street; however, the proportion may have been greater. Those arrested north of 130th Street were arraigned in the Washington Heights Magistrates Court as that street was the boundary between the 28th Precinct based at West 123rd Street station and the 32nd Precinct based at the West 135th Street station. Thirty-two of the 115 (28%) people arrested whose names appeared in docket books were arraigned in the Washington Heights Magistrates Court indicating they had been arrested north of 130th Street. That proportion was in line with a story in the Home News that more than 90 arrests had been made by police at the West 123rd Street station. The docket books showed that statement was not accurate in the sense that officers based at that station made that many arrests, but it would reflect the number of arrests made within the precinct’s boundaries, the area south of 130th Street.
Police most commonly alleged that those they arrested had been looting, in sixty of the 100 arrests (60%) for which that information can be found. Despite their relative frequency, arrests for looting related to only a small proportion of the looted stores. Of the sixty-five looted businesses identified here, police made arrests related to twenty-eight (43%) locations. Police made an additional eighteen arrests for alleged looting that could be related to one of the other thirty-seven businesses identified as having been looted in the sources. However, those sixty-five businesses did not represent all those that were looted: only twenty-seven of the 171 businesses who sued or tried to sue the city were identified in the sources, meaning that a total of at least 133 businesses were looted (assuming all 65 of the identified businesses are among those that filed suits), with arrests related to at most 21% (28 of 133). The next most frequently alleged activity was breaking windows, in twenty-six arrests (24%, 26 of 109), with seven of those individuals allegedly also inciting others to attack stores or police. Those arrests related to only 24% (17 of 72) of the businesses identified in the sources that suffered damage. Again, those businesses represented only a proportion of the total with damage, estimated at around 450. Some of those businesses would also have been looted; if around 300 businesses only had windows broken, the total arrests would be related to only about 9% (26 of 300) of the damaged stores. Taken together, arrests for alleged looting and breaking windows related to only about 13% of the approximately 450 damaged businesses. Police arrests for alleged assaults were in a similar proportion to those for attacks on businesses. Despite the attention given to assaults in some white newspapers, police alleged only thirteen of those arrested (13%, 13 of 100) had committed such violence. Seven of those arrests related to one of the fifty-four reported assaults, around 13%. Similarly, despite newspaper reports of those on Harlem’s streets being armed with various weapons (including the claims that those arrested early in the disorder had used weapons quoted above), only four of those arrested allegedly had weapons in their possession. For an additional nineteen of those arrested (15%, 19 of 128) there is no information on what police alleged they had done.
Police violence was a routine part of arrests in Harlem. Newspapers treated the injuries of those who had been arrested as unremarkable. The New York Post reported that “prisoners were herded in police stations when they did not require hospital treatment” without any additional comment. Similarly, the New York Sun described several of those being transported to court the next day as “bruised and beaten and their clothing was torn.” Injured prisoners are also visible in several photographs published in the press. Mentions of police hitting people with their nightsticks in the Times Union and New York Herald Tribune focused on them being used on people in the streets not during arrests. However, five of those arrested also appeared in lists of the injured, four Black men and a white man. Details existed only in the case of the white man, Harry Gordon, who told a hearing of the MCCH that he was beaten with a nightstick while being arrested, again in a radio car while being transported to the precinct, and one more while being placed in a cell. The only other evidence of the circumstances of an arrest was a photograph published in the Daily News. Two officers are visible, on the southeast corner of Lenox Avenue and 127th Street, with one standing over a Black man seated on the ground on the ground. He is “dragging a recalcitrant rioter off to prison,” according to the caption; he may also have knocked him to the ground. That officer has his nightstick under his arm, while the officer in the foreground has a revolver in one hand and a nightstick in the other, indicating that they employed those weapons while apprehending the man. In addition, the New York Evening Journal published two photographs of police officers searching Black men for weapons according to the captions. Presumably, if they had found anything, the photographs would have been of the subsequent arrests. In one, the officer was a detective in plainclothes searching a single man. In the other, police have stopped a car and a uniformed patrolman was searching one man standing next to it with his hands in the air while a second man sat in the car lifting his hand to hide his face from the camera.
Other photographs of police with individuals they arrested were taken as they were entering police stations not during the arrest itself. The officers walked alongside the arrested men, in one image grasping a man’s arm and pushing him with a nightstick. Three images, two of the same group, including the one below published in the New York Evening Journal, showed Black men under arrest for looting carrying merchandise they had allegedly stolen.
By contrast, there was nothing in a photograph published in the New York Evening Journal captioned “Suspected Rock-Tosser” to indicate that was the charge against the Black man in the image. Police arresting Charles Alston on Lenox Avenue and 138th Street were photographed by men working for both the International Photo service (the image below) and the Daily News as they brought him to the street for transport to the precinct. They alleged he had been part of a group of men that shot at police; the photograph captions, however, identified him as having been arrested for looting. That arrest was at the very end of the disorder, after the streets were quiet, when more journalists began to venture beyond 125th Street.
Police almost always arrested individuals even when they described seeing groups. In only nine instances did police make multiple arrests at one time, three people on four occasions and two people on five occasions. Those arrests amounted to 16% of the identified arrests (21 of 128). Although a single arresting officer was identified in seven of those incidents, they almost certainly involved multiple officers as the arrest of the three picketers in front of Kress’ store did. Details of these arrests were limited but do suggest one explanation for why police did not make multiple arrests more often: officers had to chase the group of which David Smith and Leon Mauraine were part and caught up with those two men several buildings away. Others in the group obviously outran police, which may have happened on other occasions. It could also have been that there were too few police to make additional arrests. Just how many officers were present for an arrest was difficult to establish as legal sources focused narrowly on the arresting officer who appeared in court.
Police overwhelmingly arrested Black men during the disorder, 102 of the 117 (87%) of those arrested with a recorded race, together with only seven Black women and eight white men (eleven of the arrested men are of unknown race). Women were a larger proportion of the crowds on Harlem’s streets, particularly on 125th Street, in most accounts of the disorder than of those arrested. However, they are only rarely mentioned as participants in attacks on stores or the looting that occurred away from Kress’ store. Given the prominence of women in stories about the disorder in Harlem in 1943, only eight years later, it was possible that their involvement in 1935 was overlooked by reporters and police focused on men they likely considered more threatening. Those women police did arrest were allegedly involved in breaking, windows, looting and inciting crowds; none were accused of assault. The four alleged Communists - Daniel Miller, Harry Gordon, and the two picketers - who police arrested at the very beginning of the disorder amounted to half of the white men taken into custody during the disorder. Police also arrested one of other four white men early in the disorder, Leo Smith, for breaking a store window. He may also have been part of the Communist protests. There was little evidence that white men were in the groups police encountered attacking and looting stores later in the disorder. There are details of only one of the other arrests, the last of the disorder, when a patrolman arrested Jean Jacquelin carrying clothing allegedly stolen from tailor on the block where he lived.
Only a small number of those arrested in the disorder lived outside Harlem.
Most of those arrested lived local to the disorder. Although a cluster resided around 7th Avenue south of 125th Street, those arrested came from throughout the neighborhood.Events
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1
2021-11-21T17:48:45+00:00
Windows broken without arrest (53)
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2024-02-13T23:03:13+00:00
No one was identified as being arrested for breaking windows in 74% (53 of 72) of the businesses identified in the sources (as no one was arrested for the first broken window in Kress' store or for breaking the rear windows, the store appears among those cases in which no arrests were made even though an arrest was made for allegedly breaking a front window after another attack over four hours later). There are four individuals arrested for breaking windows for whom there is no information about their alleged targets; some of those three men and one woman may have been charged with breaking windows in stores for which there were no reported arrests. So could the twenty-one men charged with disorderly conduct in the Magistrates Court for which there is no information about their alleged actions, although only just over one in four of those accused of breaking windows were charged with that offense.
There are significantly more businesses with broken windows for which no one was charged than businesses that were looted, 74% (53 of 72) compared with 55% (37 of 67). (In the map, black borders indicate the locations where police arrested individuals for breaking windows). Most of those stores were on and around West 125th Street, the area where the disorder began, and likely suffered damage during the time when small numbers of police struggled to control crowds that had gathered in front of Kress' store. Three arrests on West 125th Street, of Frank Wells, Claude Jones, and William Ford, came after police reinforcements arrived. The reported arrests on Lenox Avenue around West 125th Street for which there is information on timing, of John Kennedy Jones, Bernard Smith, and Leon Mauraine and David Smith, came after midnight, when businesses in that area began to be looted. Another cluster of businesses with broken windows for which no one was arrested was on West 116th Street and the blocks of Lenox Avenue around it, an area with many Spanish-speaking residents and business owners. That lack of arrests could indicate the absence of police in that area, which also was ignored in the English-language press. Those damaged businesses were only reported in La Prensa, with the arrest of Jackie Ford two days after the disorder for allegedly breaking a window in a store at 142 Lenox Avenue also mentioned in the New York Post and New York World-Telegram. Several newspapers drew the boundary of the disorder north of West 116th Street: crowds only went as far south as 120th Street according to the New York World-Telegram, New York Herald Tribune, New York Evening Journal, and Daily Mirror; and as far south as 118th Street according to the Home News. (The Daily News and Afro-American did report crowds as far south as 110th Street).
The low proportion of arrests supports the claim that police were unable to protect businesses made in multiple newspaper stories and by business owners who sued the city for damages, as well as in the MCCH report. Once the crowd around Kress’ store broke into smaller groups sometime after 9:00 PM, police were unable to clear the streets or contain all those groups. When police did disperse crowds, they simply reformed, according to the New York Herald Tribune, New York World-Telegram, Norfolk Journal and Guide, and the MCCH Report. An alternative account in the Daily News presented crowds not as elusive but as "too scattered" to be controlled. As a result, rather than being ineffective, police were absent from the scene of some attacks on businesses. Business-owners who sued the city for damages made that complaint. No police officers came to protect the stores of Harry Piskin, Estelle Cohen, and George Chronis despite Piskin approaching police officers on the street and them all visiting or calling the local precinct.
The absence of police from some parts of Harlem resulted in part from a decision to concentrate them elsewhere. Reported police deployments focused on West 125th Street. Inspector McAuliffe used the reserves sent to Harlem after 9:00 PM to establish a perimeter around the main business blocks of the street, from 8th to Lenox Avenues, from 124th to 126th Streets, according to stories in the New York Times, Daily Mirror, and Pittsburgh Courier, the only stories that described police deployments. Beyond West 125th Street, the police relied on radio cars patrolling the avenues and limited numbers of uniformed police and detectives in plainclothes moving through the streets. -
1
2022-03-13T20:54:35+00:00
La Guardia's statement "To the People of Harlem"
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2024-02-14T19:41:09+00:00
On March 20, Mayor La Guardia circulated a statement about the disorder, “To the People of New York City.” The document was released to the press and printed “in bold type on placards 20 by 24 inches in size,” the New York Herald Tribune reported. “Bundles of [the placards] were delivered to the West 123d Street station,” that story continued; the New York Times described the delivery as “two patrol wagons of circulars,” which it reported were “two foot by two and a half foot” in size. Patrolmen distributed the placards to Harlem’s stores, which displayed them in their windows, as was shown in a photograph published by the New York Evening Journal and reported by the New York Times, Home News, New York Herald Tribune, and New York World-Telegram. The New York Times, New York Herald Tribune, Home News, New York World-Telegram, New York American, and Daily Worker published the full statement. Among the Black newspapers, the Norfolk Journal and Guide provided a brief summary rather than the full text. The statement was not mentioned in the New York Amsterdam News, New York Age, or Afro-American or in the Daily News, New York Sun, or Daily Mirror (and reported only with the photograph in the New York Evening Journal).
The statement readTo the People of New York City: The people of New York City must know that the overwhelming majority of the Negro population of West Harlem are splendid, decent, law-abiding American citizens.
The unfortunate occurrence of last night and early morning was instigated and artificially stimulated by a few irresponsible individuals. A very small fraction of 1 per cent of the population took part in the demonstration and violence. Small groups of vicious individuals marauded throughout the section, from time to time; committing acts of violence, attacking individuals in cowardly fashion and breaking plate glass of stores unoccupied during the night.
Malice and viciousness of the Instigators are betrayed by the false statements contained in mimeographed handbills and placards.
Attempts may be made to repeat the spreading of false gossip, of misinformation and distributing misrepresentation in handbills or other printed matter.
I appeal to the law-abiding element of Harlem to carefully scrutinize any charge, rumor or gossip or racial discrimination being made at this time.
Every agency of the city is available to assist in investigating all such charges. I expect a complete report from several sources giving me details of everything that occurred. As soon as I receive these reports they will be made public.
I am appointing a committee of representative citizens to check all official reports and to make a thorough investigation of the causes of the disorder and a study of necessary plans to prevent a repetition of the spreading of malicious rumors, racial animosities and the inciting of disorder.
F. H. LA GUARDIA.
Mayor.
Three versions of the statement are in the MCCH files. In a draft version the sentence announcing the committee read, “…and a study of necessary DEFENSIVE plans to prevent a repetition of the spreading of malicious rumors and the instigation of RACIAL disorder,” with the word “racial” crossed out in pencil. In a second draft, “defensive” is crossed out, “racial animosities” inserted, and “instigation of racial disorder” changed to “inciting of disorder” to produce the final text. That those edits were intended to avoid casting the events of March 19 as a “race riot” was made clear when a reporter from the New York Herald Tribune questioned La Guardia about the choice of the phrase “unfortunate occurrence” to describe the disorder. He asked, "You do not regard the trouble up there as a race riot?" "No," he replied, "you see, we have to be careful. We don't know yet what was the underlying cause of the trouble. We can't say on the basis of what we know that it was fundamentally racial. Certainly an outburst like that which happened Wednesday night doesn't go off unless there was smouldering some underlying feeling. What the causes of that were are what I want the fact-finding committee to find out. It may go back 100 years."
Notably, La Guardia’s statement did not follow police and District Attorney Dodge in holding Communists responsible for starting the disorder — although the New York Evening Journal misleadingly described La Guardia’s statement as doing just that, as having “flatly charge[d] radicals with the responsibility for much of Harlem’s riots.” Instead, as both the New York World-Telegram and New York Herald Tribune noted, it did not mention the Young Liberators or Communists by name. A journalist evidently asked La Guardia about that omission, as the New York Herald Tribune reported, “He would not say whether he agreed with the police that the instigators were Communists.” The Daily Worker, nonetheless, chose to ignore that reticence and characterized the statement as “cue from the red-baiting Hearst press” and “Attacking the Young Liberators, without mentioning them by name.”
The NAACP press release on March 22 that claimed credit for La Guardia’s decision to appoint a committee and the telegram the organization sent him that formed the basis of that claim (and a press release about the telegram) are in the NAACP files. The NAACP press release was mentioned in the New York Herald Tribune, New York World-Telegram, and Home News.
Only historian Lindsey Lupo has discussed La Guardia's statement, in a chapter on the MCCH in a broader study of riot commissions. Her study is the most detailed account of the MCCH. She highlights the revisions to the statement as evidence that the mayor was "hesitant to deem the violence as 'racial,'" which she interprets as at odds with the biracial committee he would appoint. That interpretation did not acknowledge that La Guardia's position was shared by Harlem's Black leadership.
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1
2021-09-17T00:24:45+00:00
Albert Yerber arrested
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2024-05-31T02:45:16+00:00
Near the end of the disorder, at 5:00 AM on March 20, Patrolman Jerry Brennan arrested Albert Yerber, Charles Alston, Edward Loper, and Ernest Johnson for allegedly shooting at police stationed at Lenox Avenue and West 138th Street. No police officers were reported injured, but Alston suffered a fractured skull as the men fled police. Trying to escape by leaping from the roof of a five-story building to the adjoining building, Alston fell to a second-floor ledge. He was a twenty-one-year-old Black man, as was Loper, Yerber was twenty years of age, and Johnson was twenty-two years of age. Yerber lived on the other side of Harlem at 106 Edgecombe Ave, as did Loper, at 298 West 138th Street and, even further west, Alston at 512 West 153rd Street, while Johnson lived close to where they were arrested, at 206 West 140th Street. Only a small proportion of those involved in the disorder lived above 135th Street. The apparent quiet may have made the men willing to travel some distance from where they lived to investigate conditions in the neighborhood. Their arrests starkly illustrate that the reimposition of order did not make Harlem's streets safe for Black residents in the way it did for the reporters who ventured uptown from 125th Street to document their arrest. Discrimination and violence at the hands of police were an everyday feature of the neighborhood's racial order, not the result of its breakdown.
Newspaper stories contained few details of the shooting, even as they employed a range of dramatic and emotive language — for example, the New York World Telegram and Times Union reported a “nest” of snipers “trying to pick off” a "lone policeman." Stories in the New York World Telegram and Brooklyn Daily Eagle did offer the name of the officer allegedly targeted by Yerber and his companions, Patrolman Jerry Brennan of the Morrisiana station, and the same dramatic account that a bullet whistled past his ear as he stood on post at Lenox Ave and 138th Street. Taking cover, he saw the men on the roof of the five-story building at 101 West 138th Street. Soon after police reinforcements arrived and rushed to the roof to arrest the men. One other story, in the Home News, identified Brennan, but cast him not as the target of the shooters but as one of the police who responded. In a radio car assigned to the area with his partner Patrolman McGrady, Brennan “heard the shots and sped to the scene. At the radio car's approach the four snipers [standing in the doorway] ran to the roof of the building.” This story provides the key detail that no guns were found on Yerber and his companions.
On March 20 Yerber, Loper, and Johnson were charged with disorderly conduct, according to the Washington Heights Magistrates Court docket book, which identified Brennan as the arresting officer for all three men. (Alston did not appear in court, likely because of his injury). The clerk annotated that charge with the word "annoy." Under that section of the statute, a person is guilty if they act "in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others." A separate clause punishes disorderly or threatening conduct or behavior, so based on that annotation, the men were not charged with attacking Brennan. That charge fits better with the circumstances described in the Home News. Whatever the patrolman alleged, Magistrate Ford did not find sufficient evidence of the men's guilt and acquitted Yerber and his two companions. Given that outcome, it is possible Brennan mistook some other noise for gunfire. Without any evidence of an assault in the sources, these events are treated here only as arrests.
Yerber, and Loper and Johnson, are among those charged with disorderly conduct in the list of the arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide. They are not mentioned in stories about the proceedings in the Washington Heights Magistrates Court on March 20 in the New York Age and New York Herald Tribune, which listed only those convicted. -
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2022-03-09T20:45:58+00:00
Crowds incited by Black women (3)
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2024-02-12T18:02:22+00:00
Women made up a large proportion of those inside Kress’ store when Charles Hurley and Steve Urban grabbed Lino Rivera, and in the crowd inside and outside the store in the hours immediately after. During that time, three woman allegedly incited crowds, but not by calling for action. Two unnamed women, one inside Kress' store and one on 124th Street, shouted that Rivera had been beaten or killed rather than the direct calls to act attributed to men. Knocking pans to the floor, as Margaret Mitchell allegedly did, was a similarly indirect way of causing a crowd to gather, different from the speeches and pickets attributed to men.
The prominent place of women in the events that began the disorder was unusual; men typically initiated outbreaks of violence, joined later by women. In this instance, however, the site was a store in a retail district, realms of shopping and consumption associated with women. However, the women were not presented calling for action, so not cast as leaders in the same way as the men alleged to have incited crowds. Some newspapers amplified that distinction by casting these women in stereotypical terms as not entirely in control of their actions, as “emotional” in the New York Sun, as “frantic” and “excitable” in the New York Herald Tribune, as “hysterical” in the New Republic, as screaming rather than shouting in the New York Evening Journal, New York American, New York Post, and New York Sun, and the New Republic and Newsweek, as having “shrieked” in Time and “shrilled” in the New York Times, their cries as “gossip-mongering” in the New York Herald Tribune.
The women who alerted those around them to Rivera being beaten and the hearse arriving were effectively acting as protectors. Historian Marilynn Johnson has pointed that women's experiences in the racial disorders of the first half of the twentieth century included that role, as well as being victims of violence, and from mid-century, participants in looting. Where Johnson's examples are women acting who tried to protect family or loved ones from white violence, in 1935 Black women sought to protect a boy unrelated to them. Those actions were within societal expectations of women's roles, as Johnson noted, but by extending beyond family, they echoed the extension of women's role in consumption to include the political act of picketing white businesses the previous year.
Away from the store where Rivera was apprehended, and from 125th Street, no women shouting or leading crowds are mentioned in newspaper stories or arrested by police, with one exception, Roi Ottley's column in the New York Amsterdam News. He described women as inciting men to looting: “Women stood on the fringes of the mobs and dictated their choice to their men folk, who willingly obliged by bringing forth the desired article.” Ottley also cast women as inciting violence without joining the crowds on the streets in an earlier column: “Women hanging out of windows screamed applause to the reign of terror...and prodded their men-folk on with screeching invectives.” No other source reported such scenes. Writing a column rather than a news story, Ottley’s account was impressionistic rather than specific, making it difficult to link to other evidence. He also presented women in secondary roles, with men acting on their behalf, which may echo attitudes toward women as much as their behavior. Certainly, the women in and around Kress’ store took action themselves. There were also a small number of women among those arrested for activities other than inciting crowds, three for looting and three for breaking windows. There are also three women among those reported as injured/treated for injuries during the disorder
The presence of Black women in the crowds beyond 125th Street indicated by those arrests was recorded in some accounts and photographs of the disorder. The Daily News, New York Evening Journal, New York Times, and Norfolk Journal and Guide all included women and men in their general descriptions of the crowds. The Daily News highlighted their presence among those who broke windows in a headline, “Women Join Mob of 4,000 In Battering Stores,” without mentioning women breaking windows in the story itself.
Other papers, however, such as the New York American, Home News, New York Sun, New York World-Telegram, and the Black newspapers the Afro-American and Chicago Defender, included women only in the initial crowds inside and outside Kress’ store. Photographs also captured only the women’s presence on 125th Street, in a crowd facing a patrolman swinging his baton, among a group being scattered by police, and knocked to the ground. Women are not mentioned in stories about the events of the disorder published in the New York Herald Tribune, New York Post, or New York Age.
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1
2021-09-17T00:28:51+00:00
Ernest Johnson arrested
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2024-05-31T02:46:27+00:00
Near the end of the disorder, at 5:00 AM on March 20, Patrolman Jerry Brennan arrested Ernest Johnson, Albert Yerber, Charles Alston, and Edward Loper for allegedly shooting at police stationed at Lenox Avenue and West 138th Street. No police officers were reported injured, but Alston suffered a fractured skull as the men fled police. Trying to escape by leaping from the roof of a five-story building to the adjoining building, Alston fell to a second-floor ledge. He was a twenty-one-year-old Black man, as was Loper, Yerber was twenty years of age, and Johnson was twenty-two years of age. Johnson lived close to where they were arrested, at 206 West 140th Street. Yerber lived on the other side of Harlem at 106 Edgecombe Ave, as did Loper, at 298 West 138th Street and, even further west, Alston at 512 West 153rd Street. Only a small proportion of those involved in the disorder lived above 135th Street. The apparent quiet may have made the men willing to travel some distance from where they lived to investigate conditions in the neighborhood. Their arrests starkly illustrated that the reimposition of order did not make Harlem's streets safe for Black residents in the way it did for the reporters who ventured uptown from 125th Street to document their arrest. Discrimination and violence at the hands of police were an everyday feature of the neighborhood's racial order not the result of its breakdown.
Newspaper stories contained few details of the shooting, even as they employed a range of dramatic and emotive language — for example, the New York World Telegram and Times Union reported a “nest” of snipers “trying to pick off” a "lone policeman." Stories in the New York World Telegram and Brooklyn Daily Eagle did offer the name of the officer allegedly targeted by Johnson and his companions, Patrolman Jerry Brennan of the Morrisiana station, and the same dramatic account that a bullet whistled past his ear as he stood on post at Lenox Ave and 138th Street. Taking cover, he saw the men on the roof of the five-story building at 101 West 138th Street. Soon after, police reinforcements arrived and rushed to the roof to arrest the men. One other story, in the Home News, identified Brennan, but cast him not as the target of the shooters but as one of the police who responded. In a radio car assigned to the area with his partner Patrolman McGrady, Brennan “heard the shots and sped to the scene. At the radio car's approach the four snipers [standing in the doorway] ran to the roof of the building.” This story provides the key detail that no guns were found on Alston and his companions.
On March 20, Johnson, Yerber, and Loper were charged with disorderly conduct, according to the Washington Heights Magistrates Court docket book, which identified Brennan as the arresting officer for all three men. (Alston did not appear in court, likely because of his injury). The clerk annotated that charge with the word "annoy." Under that section of the statute, a person is guilty if they act "in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others." A separate clause punishes disorderly or threatening conduct or behavior, so based on that annotation, the men were not charged with attacking Brennan. That charge fits better with the circumstances described in the Home News. Whatever the patrolman alleged, Magistrate Ford did not find sufficient evidence of the men's guilt and acquitted Johnson and his two companions (Alston was later discharged when he appeared in court on April 9, presumably after he recovered from his injuries.) Given that outcome, it is possible Brennan mistook some other noise for gunfire. Without any evidence of an assault in the sources, these events are treated here only as arrests.
Johnson, and Loper and Yerber, are among those charged with disorderly conduct in the list of the arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide. They are not mentioned in stories about the proceedings in the Washington Heights Magistrates Court on March 20 in the New York Age and New York Herald Tribune, which listed only those convicted. -
1
2021-12-15T02:49:09+00:00
Black women arrested for breaking windows (3)
20
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2024-02-03T18:31:17+00:00
Three Black women are among the twenty-six individuals arrested for breaking windows. They represent just under half of the women arrested, with three women arrested for looting and another for inciting a crowd. (No women identified as white are among those reported as arrested during the disorder.) Few details of their arrests and alleged actions are recorded, but the outcomes of their prosecution indicate that at least two did not actually break windows. Rose Murrell and Louise Brown were both arrested in the same area, on 8th Avenue, around 127th Street, by the same police officer. However, the different outcomes of the women's prosecutions suggest that police only produced evidence that Murrell broke a window. She was convicted in the Court of Special Sessions and sentenced to one month in the Workhouse. By contrast, Brown had the charge against her reduced to disorderly conduct, suggesting that police did not have evidence that she had broken a window but only that she had been part of a crowd on the street. While Magistrate Ford convicted her, he suspended Brown's sentence, further indicating a lack of evidence she had been responsible for damage to a store. Although newspaper stories reported that Viola Woods, the third woman, had broken a window, when she appeared in court she was charged instead with disorderly conduct. Police again appear not to have produced evidence Woods had broken a window, but in this case, Magistrate Renaud discharged Woods. That Woods was not instead convicted of disorderly conduct might be the result of being represented by a lawyer, a rare occurrence in the Magistrates Court.
The presence of Black women in the crowds on Harlem’s streets is recorded in most accounts of the disorder, but they are only rarely mentioned as participants in attacks on stores (and looting). The Daily News, New York Evening Journal, New York Times, and Norfolk Journal and Guide all included women and men in their general descriptions of the crowds. Other papers such as the New York American, Home News, New York Sun, New York World-Telegram and the Black newspapers the Afro-American and Chicago Defender included women only in the initial crowds inside and outside Kress’ store. Their presence at the outbreak of violence distinguishes the disorder in Harlem from those that followed in subsequent decades, in which Marilynn Johnson argues women became involved after men had initiated the violence. Women's early involvement in Harlem resulted from the disorder beginning in a store, at a time when only women were present to witness what happened to Lino Rivera. (Women are not mentioned in stories about the events of the disorder published in the New York Herald Tribune, New York Post, or New York Age.)
Women are explicitly mentioned as participants in breaking windows in only four newspapers. The Daily News published a headline, “Women Join Mob of 4,000 In Battering Stores,” but did not include women in descriptions of attacks on store windows. The New York Times described “a riot in which roving bands of Negro men and women smashed 200 plate-glass store windows.” Two general descriptions of the disorder included women, making them participants in both breaking windows and looting. The Brooklyn Daily Eagle's description of the disorder included "smashing more than 200 windows" among other activities of "Bands of men and women, in some cases joined by whites." In the Black press, the Atlanta World included women in crowds that broke windows in a similar manner: “the members of the mob needed little provocation to start on the rampage. Using whatever weapons that were to hand, men, women and children in the mob broke hundreds of plate glass windows in stores belonging to white merchants, scattered and stole merchandise and destroyed fixtures.”
While these stories, and the photographs that accompanied them, indicate that women were part of the crowds on March 19, it remains unclear whether those women did not participate in breaking windows or did and were not recorded by reporters or arrested by police focused on men they likely considered more threatening. From a broader perspective more removed from the events of the disorder, the MCCH appeared to have concluded that women did participate, noting in its report: "Even some grown-up men and women who had probably never committed a criminal act before, but bad suffered years of privations, seized the opportunity to express their resentment against discrimination in employment and the exclusive rights of property." However, this section of the report was part of an effort to frame the disorder as less violent and threatening than it appeared in the initial newspaper stories. While noting that "it seems indisputable that the criminal element took advantage of the disorders," the previous sentence argued, "it seems equally true that many youngsters who could not be classed as criminals joined the looting crowds in a spirit of pure adventure." An earlier discussion of crowds in the disorder made a similar claim, that "Some of the destruction was carried on in a playful spirit." Including women as participants in "playful" behavior did not run counter to gender roles and stereotypes in the way that their participation in violence did. The only other place women appear in the MCCH report's discussion of the events of the disorder is as shoppers in the Kress store. -
1
2021-09-17T00:25:21+00:00
Edward Loper arrested
20
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2024-05-31T02:48:08+00:00
Near the end of the disorder, at 5:00 AM on March 20, Patrolman Jerry Brennan arrested Edward Loper, Charles Alston, Albert Yerber, and Ernest Johnson for allegedly shooting at police stationed at Lenox Avenue and West 138th Street. No police officers were reported injured, but Alston suffered a fractured skull as the men fled police. Trying to escape by leaping from the roof of a five-story building to the adjoining building, Alston fell to a second-floor ledge. He was a twenty-one-year-old Black man, as was Loper. Yerber was twenty years of age, and Johnson was twenty-two years of age. Loper lived on the other side of Harlem at at 298 West 138th Street, as did Yerber, at 106 Edgecombe Ave, and, even further west, Alston at 512 West 153rd Street, while Johnson lived close to where they were arrested, at 206 West 140th Street. Only a small proportion of those involved in the disorder lived above 135th Street. The apparent quiet may have made the men willing to travel some distance from where they lived to investigate conditions in the neighborhood. Their arrests starkly illustrate that the reimposition of order did not make Harlem's streets safe for Black residents in the way it did for the reporters who ventured uptown from 125th Street to document their arrests. Discrimination and violence at the hands of police were an everyday feature of the neighborhood's racial order, not the result of its breakdown.
Newspaper stories contained few details of the shooting, even as they employed a range of dramatic and emotive language. For example, the New York World Telegram and Times Union reported a “nest” of snipers “trying to pick off” a "lone policeman." Stories in the New York World Telegram and Brooklyn Daily Eagle did offer the name of the officer allegedly targeted by Alston and his companions, Patrolman Jerry Brennan of the Morrisiana station, and the same dramatic account that a bullet whistled past his ear as he stood on post at Lenox Ave and 138th Street. Taking cover, he saw the men on the roof of the five-story building at 101 West 138th Street. Soon after, police reinforcements arrived and rushed to the roof to arrest the men. One other story, in the Home News, identified Brennan, but cast him not as the target of the shooters but as one of the police who responded. In a radio car assigned to the area with his partner Patrolman McGrady, Brennan “heard the shots and sped to the scene. At the radio car's approach the four snipers [standing in the doorway] ran to the roof of the building.” This story provides the key detail that no guns were found on Alston and his companions.
On March 20 Loper, Yerber, and Johnson were charged with disorderly conduct, according to the Washington Heights Magistrates Court docket book, which identified Brennan as the arresting officer for all three men. (Alston did not appear in court, likely because of his injury.) The clerk annotated that charge with the word "annoy." Under that section of the statute, a person is guilty if they act "in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others." A separate clause punishes disorderly or threatening conduct or behavior, so based on that annotation, the men were not charged with attacking Brennan. That charge fits better with the circumstances described in the Home News. Whatever the patrolman alleged, Magistrate Ford did not find sufficient evidence of the men's guilt and acquitted Loper and his two companions. Given that outcome, it is possible Brennan mistook some other noise for gunfire. Without any evidence of an assault in the sources, these events are treated here only as arrests.
Loper, and Yerber and Johnson, are among those charged with disorderly conduct in the list of the arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide.They are not mentioned in stories about the proceedings in the Washington Heights Magistrates Court on March 20 in the New York Age and New York Herald Tribune, which listed only those convicted.
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1
2023-02-03T21:34:28+00:00
Dodge announces grand jury hearings, March 20
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2024-01-23T19:55:02+00:00
District Attorney William Dodge’s statement that he was having the grand jury investigate the disorder was reported widely:
The Mayor communicated with me last night and at his request I will immediately present to the Grand Jury the evidence I have procured in connection with the riot. My purpose in presenting the matter at once is to let the Communists know that they cannot come into this country and upset our laws. From my information, Communists distributed literature and took an active part in the rioting.
The three-sentence statement was quoted in full by the Home News and New York Herald Tribune. Three other papers, the New York American, New York Post, and New York Times paraphrased the mention of the mayor’s request and quoted the two sentences blaming Communists for the disorder. The New York Sun, Daily Mirror, New York Evening Journal, and New York World-Telegram, as well as the Daily Worker, quoted only the second sentence, Dodge’s statement about his purpose in starting the investigation was to send a message to Communists. The Times Union reported Dodge had begun an investigation without mention of his statement.
Only a small proportion of those publications reported any details of the proposed investigation. The New York Post and Times Union mentioned the number of subpoenaed witnesses. The Times Union explained the delayed start as the result of “the great number of suspects being questioned by police, wide-spread complaints and the mass of information confronting officials.” Another explanation was offered in the New York Post: “the detail involved was so great that the evidence could not be presented to the Grand Jury today.” The New York Sun reported that “the policemen and citizens needed as witnesses were unable to appear, being busy in other courts as the prisoners arrested during the riot were being arraigned.”
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1
2022-12-15T16:03:39+00:00
Lino Rivera grabbed & Charles Hurley and Steve Urban assaulted (Part 2)
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2024-01-28T01:16:31+00:00
Until police found Rivera, newspapers described the boy caught shoplifting as a younger Black child, in line with the rumors and leaflets circulating in Harlem. Louise Thompson heard from the women she spoke to in Kress' store that a "colored boy" aged ten to twelve years had been beaten. The signs carried by the Young Liberators who picketed the store an hour or so later referred to a "Negro child," while the leaflets their organization distributed another hour later later described a "12 year old Negro boy." The first newspaper stories repeated those descriptions. The New York American mentioned a "colored boy" and a "10-year-old Negro boy," the Daily News a 12-year-old "colored boy," the New York Evening Journal a 15-year-old "Negro boy," the Daily Mirror a "little colored boy," the Home News a "young colored boy," and the New York Sun a "Negro boy." Early stories in some Black newspapers featured similar descriptions, a "small Negro boy" in the Norfolk Journal and Guide and a 10-year-old "colored boy" in the Indianapolis Recorder on March 23, or simply referred to the boy's age, not his race, a 16-year-old boy in the Atlanta World on March 21, a 12-year-old boy in the New York Age, a 14-year-old boy in the Chicago Defender, and a 16-year-old boy in the Afro-American and Pittsburgh Courier on March 23. Newspapers published on March 20 after police found Rivera identified him as a 16-year-old Puerto Rican, in the New York Post, New York World-Telegram, and Brooklyn Daily Eagle or a "Puerto Rican youth" in the New York Herald Tribune, Times Union, and Brooklyn Citizen (although later in that story Rivera was referred to as a "Negro"). (The New York World-Telegram also pointed to the differences between Rivera and the boy of the rumors by putting Negro in quotation marks when reporting the rumors and the text of the Young Liberators leaflet.) By contrast, the New York Times referred to a 16-year-old "Negro boy" even after Rivera had been found, as did the New York Sun and New York Evening Journal. While the New York Times did eventually identify Rivera as Puerto Rican when he appeared in the Adolescents court after the disorder, the New York Evening Journal continued to describe Rivera as "Negro," while the New York Sun made no mention of his race. Those newspapers' persistent use of "Negro" may have been intended to convey that Rivera was dark-skinned; the New York American described him in those terms, as a "dark-skinned 16-year-old Porto Rican" in a story reporting an interview with the boy in his home, while the Brooklyn Daily Eagle described him as a "Negro born in Porto Rico." Editions of the other newspapers published after Rivera was found, including the Black newspapers, simply switched to identify him as Puerto Rican. (Historian Lorrin Thomas argued that the New York Amsterdam News "failed to identify Rivera as Puerto Rican, referring to him instead as a 'young Negro boy,'" but did not provide a citation. The March 23 issue of that newspaper is missing the news sections, but the March 30 issue identified Rivera as a "16-year-old Puerto Rican youth.")
Stories in the New York Evening Journal, Home News, La Prensa, and Daily Worker misidentified Hurley and Urban as store detectives. None mentioned the store detective, Smith, perhaps because he was not bitten and therefore not identified in any official records. He may also have been confused with Jackson Smith, the store manager. Many stories gave the manager a larger role than he played, involved in grabbing Rivera and making the decision to release him with Rivera in this office. That expanded role came at the expense not only of the store detective but also the police. Only the Daily News, and a vague statement in the New York Post story of what Rivera said mentioned that officers were at the store. The Daily News included only Eldridge, misidentifying him as the officer who released Rivera. Rivera said “two policeman came in” after he bit the men, the New York Post reported. The New York Evening Journal, Daily News, Atlanta World, and Philadelphia Tribune stories quoting Rivera omitted that statement.
Several newspaper stories included a Black woman interceding or screaming when the store staff grabbed Rivera, which some accounts claimed precipitated broader disorder. The statements of those on the scene suggest any outcry came when Donahue and Urban took Rivera into the basement. Rivera testified in the public hearing that a woman screamed “They’re going to take him down the cellar and beat him up!” While Hurley made no mention of that scream, L. F. Cole, a thirty-year-old Black clerk, did testify that when he saw Donahue and Urban taking Rivera to the basement “a woman made a statement that the boy had been struck.” Cole's choice not to describe the woman as screaming suggests the possibility that the woman simply called out, with the gendered language of the press rendering any shouting by a woman as a scream. "They're beating that boy! They're killing him!" were the “screams” reported by the New York Evening Journal. Speeding up events, the New York American, New York Post, and Atlanta World, and the New Republic, describe the woman as running into the street, screaming "Kress beat a colored boy! Kress Beat a colored boy!" according to the New York American. The New York Sun made this response collective: “Emotional Negro women shouted that the boy was being beaten and this information was quickly relayed to the curious crowds which had gathered in front of the store.” Rather than reacting, the woman intervened in the narrative presented in Home News and La Prensa, and was pushed aside by Hurley, after which she screamed.
Margaret Mitchell was identified as the woman who reacted to Rivera being grabbed in the New York Evening Journal, Home News, Philadelphia Tribune, and La Prensa (and later in stories about those arrested in the New York Amsterdam News, Afro-American, New York Post, and New York Times). Here journalists with a truncated timeline of events were assuming that as she was arrested in Kress’ store it must have been when Rivera was grabbed. However, Donahue told the public hearing he had not made an arrest, and none of the store staff mentioned an arrest at this time. The circumstances of Mitchell's arrest recorded by police, the testimony of Louise Thompson, and the New York Sun story suggest that it took place after the store was closed, as police tried to clear out the women who remained inside, with an officer named Johnson making the arrest. Similarly, in describing customers struggling with Hurley and Urban or attacking displays as Rivera was taken away, the narratives of the New York Sun, La Prensa, and the Home News collapsed together events that took place at different times. Testimony in the public hearings identified that struggle as coming later, when Kress’ manager decided to close the store and police cleared out those inside.
Several newspapers also published statements by Rivera made either at the West 123rd Street station after Eldridge, awoken at 1:30 AM, had located him and brought him to a police station around 2:00 AM, or in his home the next day that provided more details of what happened before and when he was grabbed than the broad narratives. The New York Evening Journal, New York Herald Tribune, Daily News, New York Post, New York Sun, Atlanta World, and Philadelphia Tribune quoted Rivera at the police station describing biting the men and the threat to beat him that had precipitated that struggle. In an ANS agency photograph of Rivera standing with Lt. Battle taken at that time, journalists can be seen taking notes. It’s not clear if they questioned Rivera directly, or recorded answers he gave to police officers: the Daily News reported his statements as told to Deputy Chief Inspector Frances Kear, the New York Evening Journal and New York Sun reported he talked to Captain Richard Oliver, and the New York Herald Tribune quoted Eldridge rather than Rivera. The New York Evening Journal story also mentioned the reporter speaking with Rivera. The New York World-Telegram and New York Herald Tribune published stories quoting statements made by Rivera at this home later on March 20; a New York American story combined statements from the station and at his home. The Daily News simply published a photograph of Rivera flexing his biceps, presumably to demonstrate that he was unharmed. The information that before entering Kress', Rivera had gone to Brooklyn looking for work, having left high school six months earlier, that his mother needed help because his father was dead, was reported in the interviews published in the New York American and New York Herald Tribune. His father's death was also reported in La Prensa and the Brooklyn Citizen. Only the New York Herald Tribune, New York Evening Journal, and New York Sun reported that Rivera went to a show after returning from Brooklyn. Only La Prensa reported that Rivera had a job when he first left school. That interview with Rivera in his home focused on emphasizing his lack of responsibility for the disorder and willingness to try to pacify the crowds had he been asked, and contained no details of what had happened in the store as he did not want to talk about them. That focus was in line with La Prensa's concern to distance Puerto Rican residents from the disorder. Rivera gave an account of what happened in the store again when he appeared in the Adolescents Court on March 23 for inserting slugs in a subway turnstile before the disorder, in answer to questions from the magistrate.
The MCCH public hearings elicited more details of the assault, with Rivera, the two police officers, and Hurley all testifying, together with Jackson Smith, the store manager. Provided in five separate hearings spread over nearly six weeks, that testimony described the roles of Officers Donahue and Eldridge, which were missing from the initial newspaper reports. Few newspapers included these new details in their stories about the hearings. The most extensively reported hearing was the first, on March 30, in which Donahue testified. A majority of newspapers highlighted Donahue’s decision to release Rivera through the rear of the store rather than in view of concerned customers as a mistake, with several reporting that Donahue had admitted that mistake. However, the hearing transcript did not include such a statement. Instead, it was Edward Kuntz, one of the ILD lawyers in the audience, who offered that assessment while questioning the officer. After Donahue testified that crowds on 125th Street caused him to take Rivera into the store, Kuntz commented, “If you had let the boy go at that time there would not have been any excitement.” Eldridge and Hurley did not testify until three weeks later, and Jackson Smith until two weeks after that, when they were not given any attention in the briefer newspaper stories about those hearings. -
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2022-07-14T17:10:08+00:00
3:30 AM to 5:00 AM
9
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2024-02-15T20:15:57+00:00
The incidents of violence around 3:00 AM marked the end of the disorder. When Deputy Chief Inspector McAuliffe toured the neighborhood at 4:00 AM, he “reported that all was quiet.” Police called from precincts outside Harlem were sent home at that time. Officers departed many of the intersections at which they had been stationed leaving radio cars patrolling the avenues to maintain order.
The restoration of order did not mean the end of police violence against Harlem's residents. That was very much part of the regular pattern of life in the neighborhood. Just before dawn, officers in radio cars would make additional arrests, one of which would lead to the first death of the disorder.