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Harlem in Disorder: A Spatial History of How Racial Violence Changed in 1935

"2 More Succumb to Riot Injuries as Inquiry Begins," New York Post, March 23, 1935, 3.

In the New York Post

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Daniel Miller arrested 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. 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 AA etc, the NYEJ, the DN, the Am and the HT 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 Am, HN, NYHT, and NYT all described the men as the "ringleaders" of the disorder, which was likely the term police used. However, while the DN, HT, and DM included all five men in that group, the Am, HN, and NYT 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 DN 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 DM, HN, DN, NYT, and DW 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 DM 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 named the lawyers as "Miss Yetta M. Aronsky and I[sidore] Englander," while the DN named only Aronsky, and the HT and NYT 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 they had been, or so they could be, indicted. The Magistrates Court docket book records the deposition of the men's cases as "Dism[issed], def[endant] indicted." Stories in the Daily Mirror, New York Amsterdam News 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 not an indictment, and to the Court of Special Sessions not 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 DM, BDE, AM, 3/20 arrests, NYT, NYA, 3/23. However, the NYEJ reported that address did not exist. (NYEJ, 3/21, 2). However, the HT, 3/21 + HN, 3/21 + AM, 3/21 + AN, 3/30 reported Miller's address as 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.
Andrew Lyons killed Andrew Lyons, a thirty-seven-year-old Black man, died as a result of injuries "sustained during the thick of a melee at 125th street and Seventh Avenue," according to a story in the New York Amsterdam News. A story in the Times Union, the only other source that mentioned a location, put the site of his injury a block to the east, at 125th Street and Lenox Avenue. There is no information on when he was injured or by who. The medical records obtained by the MCCH provided an explanation for that lack of details. Lyons did not receive medical attention until the evening after the disorder; an ambulance was called to his home, 147 West 117th Street, at 5:10 PM on March 20, by a friend, George Harris, according to the death record issued by Harlem Hospital. When he arrived at the hospital, he was was described as "stuporous," too groggy to tell doctors what had happened to him. The doctor who completed the death record, Emanuel Hauer, wrote that Lyons was "said to have been hit on the head during riot on 3-19-35." When Hauer testified before a MCCH hearing, he gave the same information. Arthur Garfield Hays, chairman of the hearing, responded, "That is not in my report." Hauer then read the ambulance man's report, which simply recorded that Lyons had been "Struck over the head," not that he had been hit during the disorder. If the ambulance man did not provide information that Lyons had been injured in the disorder, neither did his friend Harris. Hauer testified that Harris told him Lyons "came home stuporous but doesn't know how it happened." When he returned home on the night of March 19 Lyons had gone to bed. The autopsy report completed on March 24 did not describe Lyons as injured during the disorder: "Deceased was injured in some unknown manner." Lyons died three days after being admitted to hospital, on March 23rd; the recorded cause of death was a "fractured skull, laceration of the brain, terminal pneumonia." Lyons brother James, a resident of Stem, North Carolina, is recorded in the autopsy as identifying his body on March 25.

Lyons' delayed admission to hospital explains why he was not in any lists of the injured published in newspapers on March 20 and March 21. The first mentions of Lyons in the press are mentions of his death in the New York Post and Daily News on March 23, in the Times Union, New York Times and an AP story on March 24, and in the Atlanta World on March 27. Lyons also appeared in lists of those killed in the weekly Black newspapers, the New York Age, Pittsburgh Courier, Afro-American and Norfolk Journal and Guide as well as the New York Amsterdam News, on March 30. The only source that provided any details of the circumstances of Lyons' fatal injury was the Times Union, which described him as having been "beaten over the head with a blunt instrument during the rioting on Tuesday night." That story was the only newspaper to follow the death record in describing his injury as a fractured skull. However, neither the death record nor the autopsy mentioned a blunt instrument as the cause of Lyons' injuries.

There is no indication where the reporters for New York Amsterdam News and Times Union obtained information on where Lyons was attacked. No such evidence was produced for the MCCH. If the reporters were correct, Lyons would have been in the midst of police efforts to establish a perimeter around Kress' store, and his injuries likely the product of a police nightstick. One of Communist Party-affiliated lawyers who questioned Captain Rothengast during a MCCH hearing did claim that "Andrew Lyons died of injuries inflicted by clubs of the police." Rothengast replied, "I'd have to consult records to be exact." The MCCH had its investigators gather information on those killed during the disorder. In Lyons' case, the only material in their files are the death and autopsy records. The autopsy recorded "Detectives investigating." Given that Hauer told the MCCH hearing that Harris knew nothing about how Lyons had been injured, there are no avenues for investigation in those records. Likely as a result, Lyons death appears to have remained unexplained. Notwithstanding the claim made by the lawyer in the MCCH hearing that police were responsible for the death, the information accompanying Lyons name in a list of "Workers Killed in the Past Six Months" published in New Masses in July 1935: "Died of internal injuries received during the Harlem events of March 19."
August Miller killed Around midnight, August Miller, a fifty-six-year-old white man, suffered a head injury in the midst of a crowd at 126th Street and Lenox Avenue. A cab driver took him to the Joint Disease Hospital, according to the police complaint report. It was 12.30 AM when Dr. Millbank attended Miller, so likely around midnight when he collapsed in the crowd. Millbank diagnosed him as suffering a possible skull fracture "received in some unknown manner during disorder," according to hospital records, and admitted him for treatment. Miller appeared in three of the seven newspaper lists of the injured published on March 20, those of the New York Evening Journal, New York Post and New York American, and among those the New York Herald Tribune reported still in hospital on March 21, and those listed as injured in the Atlanta World on March 27.

Miller himself never described the circumstances of his injury, dying on March 22 without regaining consciousness. His death was widely reported on March 23, in some cases with information on the how he had been killed. The most direct explanations came in stories published in the New York Herald Tribune, New York Evening Journal, and Times Union, and in the Associated Press story, which reported Miller had been "beaten by rioters." The Home News offered additional details, that Miller was "struck by several bricks, knocked down and kicked around by the mob." The New York Times and New York Sun did not attribute Miller's death to anyone, only going as far as saying Miller was "in the midst of rioters" when injured, while the Brooklyn Daily Eagle even more obliquely said his death came "during the height of the disorders." The New York Post implied he had been assaulted in a different way, noting where he had been injured, and adding "He was one of the half a dozen white men seriously hurt during the disturbance." Lists of those killed in the Daily News and stories in Black newspapers the New York Age and New York Amsterdam News, as well as the lists of those killed published in the Afro-American and Norfolk Journal and Guide and Pittsburgh Courier simply listed Miller's injuries, a fractured skull.

Police investigating the case in the aftermath of the disorder could find no witnesses to establish the circumstances in which he was injured. There is also no information on why he traveled to the neighborhood. Miller lived in the Bronx, some distance from Harlem. His employers did report Miller had been “acting peculiar for some months previous.”

An autopsy performed at the City Morgue on March 23 determined that the cause of death was a cerebral hemorrhage, “a natural cause, nothing suspicious.” Miller was included in lists of those killed in the disorder published on March 23 and 24, and in Black weekly newspapers on March 30, without mention of the autopsy. On March 31 the Home News also included him in its count of those killed in the disorder even while noting that Miller's death "was later found to have been due to heart disease, probably aggravated by exertion and excitement." The Daily News, New York American, Daily Mirror, Times Union, the Associated Press, Afro American, and Chicago Defender reported the death of Lloyd Hobbs on March 30 as the fourth death resulting from the disorder without specifying the other three individuals killed. None of those newspapers included Edward Laurie among those killed, so they also still included Miller after the autopsy, along with James Thompson and Andrew Lyons. So too did the New York Herald Tribune, which identified Hobbs as the fifth death resulting from the riot. (The Daily Worker initially reported Hobbs as the fourth death, on April 1, but a week later referred to him as the third death, while the New York Times reported his death without reference to how many others had been killed).
MCCH Members Meeting with LaGuardia (March 22, 1935) The members of the MCCH gathered for the first time on March 22, to meet with Mayor La Guardia in his office at City Hall. That meeting must have been announced to the press as multiple white newspapers reported it. The New York Evening Journal presented the meeting as “Answering criticism by Negro leaders that disturbed social and economic conditions in Harlem were the real cause of the rioting.” Together with the New York Times, that story quoted La Guardia as saying, '"Tell the newspapers… that what we need just now is cooperation. We hope they will reserve their criticism until the job is over. We trust they will give the committee a chance to operate, to see what can be done." The New York Herald Tribune emphasized the broad focus of the MCCH, an “investigation of the riot and the underlying causes” that would involve “a thorough social and economic study similar to that made after the Chicago race riots.”

While New York Evening Journal and another of the Hearst newspapers, the New York American, mentioned only that the meeting was going to happen, other white newspapers also published stories after the meeting. It lasted just over an hour, according to the New York Herald Tribune and New York Sun, after which “the Mayor had nothing to say,” the New York Herald Tribune reported. Several members of the MCCH, however, did speak to journalists; the Daily Worker named Morris Ernst as speaking to its reporter. As the meeting had been presented as the start of the commission’s work, the stories in the New York Herald Tribune, New York Times, New York Sun, New York Post, Brooklyn Daily Eagle and Daily Worker all focused on the extent to which that had occurred. As two of the members were absent – the New York Herald Tribune identified them as Hays and Villard – all those stories reported that the decision about the chairman was deferred until the next meeting on March 25, for which they provided a time and location, the 7th District Municipal Court, 447 West 151st Street, which would serve as the headquarters of the MCCH. While the New York Post presented the investigation in broad terms, other newspapers published comments from commission members more narrowly focused on the events of the disorder. The MCCH was working “to find remedies for the underlying causes of the outbreak,” as “it appears to be generally agreed that though agitators had a part in inciting the Harlem populace to the violence, the real cause of the trouble lies in deep-seated resentment against economic and social conditions,” in the New York Post’s story. By contrast the New York Herald Tribune and New York Sun both reported that “some” committee members said that many in Harlem did not believe that Lino Rivera was the boy who had been caught in the Kress store. Commission members also told at least the reporters from the Brooklyn Daily Eagle and New York Times that they had spent much of the last two days in Harlem trying to determine the causes of the disorder.

There are no minutes or any other record of the meeting in the files of the MCCH.
Dodge grand jury hearing (March 22) Despite Dodge’s statements that the grand jury investigation of the disorder would be as extensive on March 22 as it had been the previous day, it heard only eight witnesses give evidence, less than a third of the number who had appeared then. Neither Dodge nor Price presented those witnesses, leaving the task to a group of ADAs, a further suggestion that their evidence did not relate to the DA’s claim of Communist responsibility. The three indictments charging four people voted by the GJ were for the offense of burglary, looting in the context of the disorder, not for the incitement of riot and violence which Dodge had invoked the previous day. In addition, Dodge had to announce that he had sent the men indicted for inciting riot the previous day for trial on lesser misdemeanor charges not they felony offense with which they had initially been charged. In the afternoon, Dodge returned to the grand jury to present evidence seized that day in raids on the offices of organizations affiliated with the Communist Party, the ILD and Nurses and Hospital League. He took a typewriter and a mimeograph machine into the grand jury room, together with two unnamed witnesses. No indictments resulted from that evidence; the grand jury instead adjourned for the weekend.

Only the NYS and TU reported the number of witnesses, while the DM mentioned that most were police officers. The Assistant District Attorneys presenting the witnesses were also identified by the NYS and TU, while the NYP and NYT gave their number. The number of indictments, the number of people charged in them and the offense with which they were charged were widely reported, in the NYEJ, NYS, TU, Am, NYT, NYHT, WT, DN, DM. Only the HN, NYP and NYHT did not report the indictments. That Dodge had to reduce the inciting riot charges the grand jury voted the previous day was only mentioned in the WT, NYS, and TU, none of which commented on that decision.

The grand jury voted those indictments in the morning, before adjourning for lunch. Reporters from most newspapers appeared not to have returned in the afternoon. Only the Am, WT, and New York Herald Tribune included the typewriter taken from the ILD offices at 415 Lenox Avenue and the mimeograph machine from the offices of the Nurses and Hospital League at 780 Broadway in their stories. The WT led with those details, that the typewriter had “type faces which seemed to correspond with those of allegedly inflammatory circulars distributed before the Harlem riot Tuesday night.” It attributed that information to police, who likely also provided the information that one of the two unnamed witnesses who appeared before the grand jury after the machines had to be threatened with removal to the House of Detention, reported in both the WT and Am. The NYHT quoted Dodge as saying “experts would testify” that the circulars had been produced on the machines. The New York Post mentioned only that the typewriter was believed to be in the District Attorney's possession (it did not report the grand jury hearings).