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

C. C. Nicolet, "Deputies Smash Harlem Riot Club," New York Post, March 22, 1935, 1.

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Charles Saunders arrested Around midnight, as Detective Jeremiah Duross of the 6th Division drove a police car on 7th Avenue, the sound of breaking glass drew his attention to a group of people in front of Ralph Sirico's shoe repair store at 1985 7th Avenue, according to a Probation Department investigation report. The store windows had been damaged earlier, between 11:30 PM and midnight, the superintendent of the apartments above 1985 7th Avenue, Mr. C. T. Berkeley, reported. As the detective pulled his car up next to the store, the crowd in front of it scattered. He jumped out of the car and claimed he saw Charles Saunders, a twenty-four-year-old Black unemployed elevator operator, jump out of the store window and run down the street. Duross gave chase and arrested Saunders, who he claimed had been drinking and had a fresh cut on his hand, which he implied had resulted from breaking glass in the window. While the report stated that the arrest took place at 2:00 AM, that appeared to be an error as the remainder of the narrative referred to events between 11:30 PM and midnight.

Saunders offered a different account than Duross, according to the Probation Department investigation report. He lived nearby, in a furnished room at 1967 7th Avenue, a block south of the store, with his wife Anna Gregory. Around midnight, Saunders left home to buy cigarettes. Walking toward a crowd in front of Sirico's store, he saw shoes and hats being thrown through the broken window on to the street, where people in the crowd were picking them up. Saunders claimed he followed the lead of those around him, and picked up a pair of shoes, cutting his hand on glass on the street in the process, and headed home. At that point Duross arrested him. Saunders denied having been drinking; the detective said Saunders did not have a pair of shoes in his hands when arrested. Berkeley supported Saunders' account to the extent that he said he was not "one of the two men who went through the broken window" of the store. The building superintendent said he could identify those men.

None of stolen goods were recovered, according to the Probation Department investigation report. Nonetheless, Saunders appeared to have been charged with taking all the goods that Sirico reported had been stolen: "18 or 20 hats which had been cleaned and blocked by him; about 25 pair of shoes which he had repaired; 5 or 6 pairs of unfinished shoes; one dozen leather soles; two and a half dozen rubber heels and a quantity of polish and shoe laces," with a total value he estimated as $66.75. While the District Attorney's case file was missing, the Probation Department investigation report summarized the indictment against Saunders as accusing him of taking merchandise worth $66.95. The Home News and Daily Worker reports less specifically reported Saunders was charged with stealing "several pairs of shoes."

Saunders was included in the lists of those charged with burglary published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and in the New York Evening Journal. He appeared in the Harlem Magistrate's Court on March 20, at which time Magistrate Renaud held him on $1,000 bail to reappear, an outcome recorded in the docket book and reported only in the Home News. When Saunders was brought back to the court on March 22, detectives presented bench warrants that indicated that the grand jury had already indicted him as a result of witnesses presented by District Attorney Dodge as part of his investigation of the disorder. Magistrate Renaud consequently dismissed the charges against Saunders so the detectives could rearrest him, as happened that day with two other men, James Hughes and Isaac Daniels, an appearance reported in the Home News and New York Post. On April 1, Saunders appeared in the Court of General Sessions to plead guilty to petit larceny. That plea was at odds with the statement in the report that none of the stolen property had been recovered. A district attorney generally offered such a plea bargain to those indicted for burglary after the disorder found with stolen goods in their possession; those found with nothing in their possession, as the Probation Department investigation report implied Saunders was, generally pled guilty to the lesser charge of unlawful entry.

Immediately prior to Saunders' appearance for sentencing in the Court of General Sessions on April 12, the Probation Department notified the judge of a letter from the Savannah Juvenile Court. Saunders' older sister Vable Greatt had offered to provide a home for him in Savannah, Georgia, and the Juvenile Court Probation Department would assist in his supervision, should the judge place him on probation. After a delay, presumably to confirm those arrangements, Judge Nott gave Saunders a suspended sentence and placed him on "indefinite" probation on the condition he go to Savannah (the 28th Precinct police blotter recorded only the suspended sentence, not the probation). Of the nine other men sentenced in the Court of General Sessions, only Arnold Ford was also placed on probation. Both men remained under supervision for the maximum period of three years, until 1938.

Saunders told a probation officer that he had been born in Dublin, Georgia, the youngest of six children. His mother died when he was five years of age, and around that time he and his family moved to Savannah. After leaving school at age thirteen, Saunders did odd jobs and worked with his father, a carpenter. In 1929, his father remarried, and Saunders decided to go to New York City, where his brother Albert and sister Lola lived. After eighteen months living with Albert at 215 Edgecombe Avenue and working as a porter in a barber's shop at West 135th Street and 7th Avenue, ill health forced him to return to live with his sister in Savannah for six months. Returning to New York City in 1931, Saunders lived with an aunt at 162 West 143rd Street until May 1933, when he met and then moved in with Anna Gregory. The Probation Department investigation report described her as "separated from her husband"; a letter in the file from the Brooklyn Association for Improving the Condition of the Poor, to whom the Family Court had referred Gregory in 1922, said her husband had abandoned her, leaving the state with funds provided by his mother. Saunders and Gregory were "known as man and wife," the probation officer reported. In the fluid marriage patterns still practiced in working-class communities such informal relationships were not uncommon but the Probation Department did not recognize them, instead describing Gregory as Saunders' "mistress" and "sweetheart." Dr. Charles Thompson of the Court's Psychiatric Clinic also saw a problem in Gregory being ten years older that Saunders, labeling him as immature for looking to her "for direction." In response to questions by a probation officer, Gregory described Saunders as a good provider and their life as "harmonious."

Gregory worked as a laundress, Saunders in a barber's shop at 142nd Street and 7th Avenue, then part-time for a moving company based at 143rd Street and 7th Avenue, and beginning in September 1934 as an elevator operator at 385 Edgecombe Avenue. After living for two years at 268 West 146th Street, the couple moved to 1967 7th Avenue in December 1934. Two months later, Saunders lost his job after a dispute with the new building superintendent; the management company fired the superintendent soon after and told a probation officer that they saw him, not Saunders, as at fault. That fit with the opinions of Saunders' employers and coworkers, which the probation officer summarized as considering him honest, industrious and dependable; he and Gregory were similarly "well regarded" by their neighbors. The Probation Department investigation report followed Dr. Thompson's examination report in attributing his alleged looting to "mob spirit." Thompson explained that concept as being "in company with several others under the influence of prejudice and aggressiveness," in the case of events in Harlem against "a background of racial antagonism, occasioned largely by the present lack of employment." Saunders' sister Vable Greatt explained his alleged looting, according to a letter from the Savannah Juvenile Court, as probably a result of him becoming "pretty well discouraged in his search for work," a "spiritual condition [that] caused him to fall to the temptation to steal."

While a good reputation and steady employment would have helped make Saunders a candidate for probation, Judge Nott's decision appears to have been largely a response to an offer from his sister and Savannah Juvenile Court Probation Department to supervise him. His sister Vable followed through on that offer, sending funds for Saunders' railway fare to Savannah; the Juvenile Court Probation Department did not do their part. Saunders' probation officer's letters to his Georgia colleagues went unanswered for six months. During this time, the only news the probation officer received of Saunders were reports Saunders himself mailed weekly, using a form and stamps sent to him by the department. Soon after Saunders arrived in Savannah, his sister became very sick, causing him to move in with his brother. In perfunctory answers to the questions on the form, he reported being unemployed, and involved in no education or social activities other than attending weekly services at a Protestant church.

As an alternative to the Juvenile Court, the Probation Department secured the help of the Savannah Family Welfare Society. Their worker's investigation in February 1936 solicited a very different picture of Saunders' life in Savannah from his sister and sister-in-law than he provided in his reports. Both complained he "never stayed home at night," was "drunk most of the time" and had become "lazy and shiftless," not willing to "keep a job when given one." The caseworker did not interview Saunders himself. The Probation Department responded by writing directly to Saunders, warning that his behavior was in violation of the terms of his probation, and the judge could take "disciplinary action" against him unless he improved his conduct and made "diligent efforts to obtain employment." They also requested the Savannah Family Welfare Society let Saunders report to them in person. In August 1936, Mrs. Mamie Belcher, a caseworker, began countersigning Saunders' reports. The Society reported "no further complaints" about his behavior, which the Probation Department took to unambiguously mean Saunders had changed his behavior. In June 1936, Saunders relocated to live again with his sister Vable. It took six more months before he found work, at a box manufacturing company. Nothing else changed in his answers on the report form until after a lapse in reporting in May 1937, when he wrote that he had moved to live with his sister Lois, who had returned from New York City. Only in Saunders' Discharge from Probation did the probation officer mention that this change in circumstances came after his sister Vable was killed in a car accident. By the end of 1937 Saunders had moved back in with his brother and begun working irregularly as a stevedore.

Throughout his time in Savannah, Saunders appears to have remained in contact with Anna Gregory. She came to the Probation Department at the end of 1935 concerned that he had been warned that his sentence could be reviewed if he failed to report regularly and seeking to have him return to the city. When Gregory applied for Home Relief, she described Saunders as her husband, prompting the Emergency Relief Bureau to contact the Probation Department in May 1937, who in turn sought information from Saunders about whether the couple had formally married. In the Discharge from Probation, the probation officer described Saunders as "discontented as he missed New York, and Mrs Gregory, his mistress," information apparently passed on by the Savannah Welfare Society. Their caseworker also reported in January 1938 that Saunders' sister Lois "was anxious to have Charles return with her to New York." The Probation Department wrote to the Society, to Saunders, and to his brother immediately before the end of his probation in April 1938 urging that "his best interests will be served" by remaining in Savannah. They also asked Saunders to advise the department of his plans. He did not reply. There is no evidence of what Saunders chose to do.
James Hughes arrested Detective Raymond Gill arrested James Hughes just before 10:00 PM, not far from Kress' store on West 125th Street. The detective claimed he had seen the twenty-four-year-old Black man appear from behind the cars parked on the street, look around, and throw the rock that hit his partner, Detective Henry Roge. Gill frisked the man and found five stones in his pockets; Hughes insisted that the stones were to defend himself and he had not thrown the rock that struck Roge.

Instead, Hughes claimed he had been caught up in the crowd on 8th Avenue as he tried to return to his furnished room on 7th Avenue near 115th Street from 126th Street and 8th Avenue. He’d begun his evening with a trip to a barber’s shop on 7th Avenue before returning home for supper and then heading out again at 9:30pm to go drinking, according to details in the probation officer's preliminary investigation that were not included in the report to the court. When Hughes set out on 8th Avenue for home, and saw the broken glass and stones on the streets and heard people saying “Let’s break windows,” he picked up some rocks for protection. Hughes knew 125th Street well. He worked in Koch’s Department store, a block east of Kress’, as a shoe repairer, a trade he had learned in Atlanta. He told the probation officer who interviewed him that he followed the crowd to 125th Street to prevent them breaking the windows in the store in which he worked; in the preliminary report, the probation officer noted that Hughes said that those around him were breaking windows "where no colored were employed." While several newspapers reported that businesses that employed Black staff were not spared from attack, Koch's department store did not have windows broken.

The prosecution of Hughes took a somewhat erratic path through the legal system. Hughes appears in lists of the arrested and charged with assault in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and in the Home News and New York Evening Journal. After he appeared in the Magistrates Court early on March 20, the New York Post and Home News reported he was back in the court two days later, joining Isaac Daniels and Charles Saunders in being discharged as they had already been indicted by the grand jury and then rearrested and held for trial. (The 28th Precinct police blotter recorded only that Hughes had been discharged, not that he had been rearrested.) Hughes subsequently pled guilty to misdemeanor assault on March 28, as was reported in the New York Evening Journal, New York Times, and New York American.

When Hughes appeared for sentencing, the judge allowed him to withdraw the plea as a result of letter from a minister named Haynes received by the mayor’s office and forwarded to the judge. A week later, Hughes was tried and quickly convicted of misdemeanor assault. The prosecutor’s notes on the trial suggest that Gill’s testimony stressed that he was certain of his identification of Hughes as the man who threw the rock. A report in the New York Times mentioned other witnesses, that "several" detectives identified Hughes. Against that evidence Hughes could offer only his denial and a series of character witnesses. In response, the prosecutor argued that Hughes “saw plenty of trouble – went right into it.”

Like all those convicted in the Court of General Sessions, Hughes was then investigated by the court’s Probation Department, which compiled a three-page report detailing his family, education, leisure, religious practice, and residential and employment histories. Based on his steady employment in both Atlanta and New York City, the quality of his living arrangements, and his lack of a criminal record, the probation officer J. T. Sloane determined Hughes' participation in the disorder to be “apparently attributable to the effects of mob psychology upon an ordinarily well-behaved individual of suggestible disposition.” At the sentencing hearing, the judge, perhaps influenced by the Probation Department report, expressed belief that Hughes had thrown the rock at the store window, not Roge, so sentenced him to a term of only three months in the workhouse.

Born in Macon, Georgia, Hughes had only been in the city for fourteen months when arrested. He was 5 feet, 6 inches tall, and weighed 145 pounds when arrested. He told the probation officer J. T. Sloane that he had been raised by a single mother, one of two children she had with a married man, and completed third grade. After Hughes' mother died when he was twelve years old, he went to live with a cousin, a shoemaker, to whom he became apprenticed. The probation officer wrote to another cousin of Hughes in Macon, Fannie Holt, who confirmed those details, and added others that the officer did not include in the report: Both Hughes' father and grandfather were also shoemakers. Hughes moved to Atlanta after his sixteenth birthday, where he found work in the employ of Mr. Maslia, at 399 Moreland Street, making $22 a week by 1933. Sometime that year, he told his employer that he wanted to go north. By February 1934, Hughes was in New York City, working for French Shoe Repairing Company on 118th Street and Lenox Avenue and living nearby in a furnished room at 101 West 117th Street. After six months, Hughes found a better paying job at Koch's Department Store, increasing his wages from $12 a week to $18 a week. A few months later, he moved residences, from 117th Street to another furnished room at 1890 Seventh Avenue, paying $4 a week. His landlady described him as quiet and unobtrusive.

Hughes admitted to a conviction for gambling in Macon, when he was aged fifteen years, which resulted in a fine. He continued to gamble occasionally in Harlem, otherwise spending his time going to the movies. The report from the Court Psychiatric Clinic concluded Hughes was "an average type of individual," who did not show "any abnormal, aggressive or antisocial traits as far as can be ascertained by the interview." In regards to the disorder, the psychiatrist recorded that Hughes gave "a rather rational explanation of his offense."
Isaac Daniels arrested
Isaac Daniels, a twenty-nine-year old Black man, was arrested for assaulting Herman Young, in his hardware store at 346 Lenox Avenue. After hearing glass smashing, Young and his wife, Rose, had come downstairs from their apartment to the store, whose windows had been looted and encountered a man on the stoop, trying to come through the door. The man allegedly cursed at Young — "You Goddam Jew I am going to kill you if you don’t get out of here” — and then threw a stone that smashed the glass in the door. Both the stone and flying glass hit Young. Taken to Harlem Hospital, Young was being stitched by a doctor when Daniels entered to receive treatment. Young identified him as the man who had assaulted him, and an officer at the hospital arrested Daniels. Another man, James Williams, was later arrested for looting the store. The affidavit in his case made no mention of Young being assaulted, instead recording that he had come downstairs to find four men in the store stealing merchandise.

Questioned in a lineup at the Manhattan Police HQ, Daniels denied throwing the stone at Young, and said he had been in the area because he was on his way home. Daniels, a native of Georgia who had come to New York City in 1928, lived with his wife only a few blocks from Young's store at 73 W. 130th Street. Later, at his trial, Daniels added the detail that he had gone out to buy cigarettes. His wife said that he had gone to the movies, and was listening to the radio at home at 1:00 AM when Young was attacked.

The report of the arrest in the Home News linked Daniels and Young and included the detail that Young had been cut by flying glass. Daniels also appeared in lists of those who arrested and charged with assault published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and in the New York Evening Journal, neither of which included the circumstances which led to his arrest. He also appeared in lists of the injured published in the Home News and New York Post, one of four men arrested for assault with injuries. In Daniels' case, the list identified him as having "contusions" on his left arm.

Daniels was one of the first of those arrested to appear in the Harlem Magistrates Court on March 20, where he was charged with felonious assault. The Home News and New York Post reported he was back in the court two days later, joining James Hughes and Charles Saunders in being discharged as they had already been indicted by the grand jury and then rearrested and held for trial (which is likely why Daniels appears in the 28th Precinct police blotter as having been discharged, as did James Hughes). The indictment in the district attorney's case file has a charge of first degree assault, with intent to kill, struck out, leaving a charge of second degree assault, with intent to cause bodily harm. That change suggests that prosecutors reduced the charge after obtaining details of what happened (Young's wife had mentioned that the man who assaulted him had used a piece of pipe, but later reports mention only him throwing a stone). Indicted for assault, Daniels was one of the handful of individuals tried for alleged offenses during the disorder. On April 9, the district attorney's case file recorded that a jury acquitted Daniels, likely because of questions over Young's identification of him.
Anthony Avitable's grocery store looted Anthony Avitable's grocery store at 381 Lenox Avenue was closed when crowds appeared on Lenox Avenue. That section of Lenox Avenue was one in which businesses suffered extensive damage with looting beginning around 11:30 PM. Around midnight, Avitable got news of the disorder in Harlem and drove back from the Bronx. He told the city comptroller that as he drove over the 138th Street bridge he saw crowds "just breaking into my store," the New York Sun reported. Seeing no police near the store, he drove on to the 28th Precinct Station on West 123rd Street and at 12:30 AM reported the looting, according to the New York Post. Officers there said they "couldn't do anything for me," and that he should contact police headquarters. When Avitable called, "a police officer at headquarters told him over the phone: 'I'll have men there in two minutes.'" They took forty-five minutes to arrive. Avitable's store likely suffered more damage in the violence around 1:00 AM, when Alice Mitchell and Hugh Young were injured by flying glass. No one arrested during the disorder was charged with looting this store.

Avitable joined one hundred and five other white business owners in suing the city for damages suffered by their stores during the disorder. The only mentions of his business are in newspaper stories about those suits. Those stories located his store at 383 Lenox Avenue. A second storeowner who sued the city, Manny Zipp, was also reported as having a grocery store at 383 Lenox Avenue by the New York Sun, New York Post, and New York World-Telegram. Photographs of 383 Lenox Avenue show only one business at that address, the Savoy Food Market, but there was a grocery store next door, with a Krasdale sign, at 381 Lenox Avenue, that appears to be the store that Avitable owned (the Krasdale company were wholesalers in 1935, not store operators). While the New York Sun identified Anthony Avitable as the owner of the Savoy Food Market, the New York Post and New York World-Telegram identified him only as the owner of a separate grocery store. He appeared separately from the Savoy Food Market in the New York Sun and New York Amsterdam News stories about those who brought the first twenty suits. Zipp had only been in business for three days. Newsreel footage from the day after the disorder shows a banner reading "Grand Opening" hanging over the entrance to the Savoy Food Market (in the Daily News photograph discussed below that a piece of dark fabric has been hung to obscure that banner, or perhaps the banner has simply been reversed). Zipp also reported that his losses, $721 compared to the $537 claimed by Avitable, forced him out of business. It was the Savoy Food Market that went out of business; there was a different store at 383 Lenox Avenue in both the MCCH business survey taken between June and December 1935, and the Tax Department photograph taken between 1939 and 1941. The grocery store with the Krasdale sign, Avitable's business, did appear in both the MCCH business survey and the Tax Department photograph. He may have been helped by damages paid by the city. One of the claimants awarded damages in the March 4, 1936, trial in the New York Supreme Court listed in the New York Herald Tribune was a grocer at 381 Lenox Avenue. However, the story identified the owner as Louis Berenson. That could be an error as no one of that name appears in any other source related to the disorder.

An unpublished image taken by a photographer for the Hearst newspapers, and a similar image published in the Daily News, captured the clean-up on the section of Lenox Avenue containing Avitable's store the morning after the disorder. The windows are missing, and both the display and the shelves within the store are empty. Some goods appear to have been thrown on to the street; a man is clearing debris with a shovel. Zipp's Savoy Food Market, and Jacob Saloway's cigar store on the corner, also have no windows and empty displays and shelves. Saloway joined Avitable and Zipp in suing the city.
In Harlem court on March 22 (18) Only the stories in the New York Times and Daily News described the scene at the courtroom on March 22. Police searched several who entered courtroom for weapons, according to the former story, and turned away those who “bore indications of connection with the Young Liberators, the Communist organization which fomented the disorder” according to Daily News. Neither of those stories indicated that police had to control a crowd like that which had gathered two days earlier. However, the Daily Mirror reported that "several hundred Colored persons" "thronged" outside the court. That story was discounted given that reporters from other publications had noted the presence of crowds earlier in the week, so it was likely that they would have again on this day if they had been present.

The Daily Mirror story did provide a context for the day's proceedings, that "Magistrate Renaud began yesterday the work of cleaning his calendar of the remainder of 85 cases growing out of the Harlem riots." Only the New York Times explicitly offered a similar framing, that Renaud had "disposed of the cases of Negroes accused in the rioting and looting Tuesday night and Wednesday morning." The number of cases in the Daily Mirror story does not fit the legal records. No newspaper story identified all those who appeared in the court. The Home News, as it did on other dates, mentioned the largest number, ten of the seventeen. Its story described the charges against three of those convicted, Elizabeth Tai, Arthur Davis, and Herbert Hunter and reported testimony by the storeowner whose business Daughty Shavos and Clifford Mitchell had allegedly looted. Tai, Davis, and Hunter's convictions were the hearings reported most widely and in the most detail, also mentioned in the New York Evening Journal, Daily News, and Daily Worker. Mitchell and Shavos, appearing in the Magistrates Court for the first time and sent to the grand jury, were also mentioned in the New York Evening Journal, Daily News, and Daily Mirror.

The three men discharged and rearrested as they had been indicted by Dodge's grand jury, James Hughes, Charles Saunders, and Isaac Daniels, are identified in the Home News and are the only individuals whose appearance was reported by the New York Post. Only Hughes and Saunders are mentioned by the Daily Worker, which describes them simply as held for the grand jury, omitting any reference to their discharge. Of the five additional men Renaud sent to the grand jury, Amie Taylor and Arthur Merritt are mentioned in the Home News, New York Evening Journal Daily News, and Daily Worker. No newspaper mentioned the appearances of the other three men sent to the grand jury, James Williams, John Henry, and Oscar Leacock (although the Home News had reported that morning that Henry and Leacock would appear, they were not in its story on the hearings published the next day, March 23).

Nor did any publication mention the four men sent to the Court of Special Sessions, William Jones, Henry Goodwin, Frederick Harwell, and Jackie Ford. Ford, the third man to appear in court for the first time on March 22, with Shavos and Mitchell, was not mentioned in any of the stories on the day's hearings, although his arrest that day was reported by the New York Post, New York World-Telegram, and La Prensa. Paul Boyett, remanded a second time, also did not appear in stories about the day's hearings.

According to stories in the Daily Mirror and the Home News, police also brought Daniel Miller and the three Young Liberators to Harlem court on March 22. They did not appear before the magistrate, according to the Home News, because just before the hearing began, police found out that they had been indicted by Dodge's grand jury. The Daily Mirror reported only the consequence of that news, that they waited for a bench warrant to be served that would allow them to be discharged and rearrested as Hughes, Saunders, and Daniels had been. By the next day, March 23, several newspapers reported that process would occur at a later hearing, on March 25.

The uneven coverage of these hearings is a further example of the incomplete and unreliable nature of newspaper stories about legal proceedings. That the mix of cases the stories reported included convictions and referrals of those charged with felonies but not any of those sent to the Court of Special Sessions suggests newspapers focused only on the more serious allegations. That focus is also evident in how the Home News emphasized the charges against Tai, Davis, and Hunter, notwithstanding that the outcome of the prosecution and short sentence indicated that they had been involved in less serious acts. The story reported their arrest for "stealing groceries" and that they had been found guilty of disorderly conduct and sentenced to five and ten days in the Workhouse, before noting that the original charge of burglary had been reduced by the court without addressing the implications of that change.
Douglas Cornelius arrested Around 10:30 PM, Patrolman Walter MacKenzie arrested Douglas Cornelius, a twenty-two-year old Black man, for allegedly using a rock to hit Thomas Wijstem, a thirty-year-old white carpenter, in front of the W. T. Grant store at 226 West 125th Street. Newspapers reported that a group of men had attacked Wijstem, but police arrested only Cornelius. Patrolman Mackenzie appeared in the Harlem Magistrates Court as the arresting officer of two other men arrested in the same area of West 125th Street around the same time: Claude Jones, also at 10:30 PM at Blumstein's department store at 230 West 125th Street, immediately west of where Cornelius was arrested; and William Ford, ten minutes later, at Kress' store at 256 West 125th Street, several buildings further west. It is not clear he actually made the arrests. There are no details of what MacKenzie said in regards to the assault on Wijstem, but in the other two incidents, which resulted in the arrests of Jones and Ford, he stated he had witnessed the men breaking windows and inciting the crowd, but made no mention of arresting them. Police had established a headquarters in front of Kress' store, and officers from throughout the city had begun arriving there before 10:30 PM, so there were likely other officers in the area who could have made the arrests.

Like the man he allegedly assaulted, Cornelius lived in East Harlem, at 52 East 118th Street, a mixed black and Puerto Rican section. He appears in the list of those arrested for assault published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, but he is linked to the unidentified man with the fractured skull only in a story in the New York Times, a list of the arrested in the New York Evening Journal, and lists of the injured in the New York Herald Tribune, Brooklyn Daily Eagle, and Home News. (Wijstem was named as the unidentified man in stories published by the New York Post and New York World-Telegram on March 22).

After being one of the last of those arrested in the disorder to appear in the Harlem Magistrates Court on March 20, Cornelius was charged with felonious assault. He was one of only eighteen of those arrested in the disorder to have a lawyer representing him listed in court docket book, in his case Pope Billings, a former state assemblyman and prominent member of the Elks Lodge with an office at 211 West 135th Street (both the other men arrested at same time, Claude Jones and William Ford, also had Black lawyers representing them). Magistrate Renaud held him until March 25 on bail of $1,000, according to the docket book. When he appeared again, Magistrate Ford dismissed the charge against him, as he had been indicted by the grand jury. The 28th Precinct police blotter simply listed the charges as "Dism[issed]," as it did with other men dismissed in the Magistrates Court, as they had been indicted. However, there was no case file for Cornelius in the District Attorney's records, and no other information on the outcome of his prosecution. Wijstem's condition may have delayed the legal process. A brief story in New York Herald Tribune in June 1935 reported Wijstem had died in Bellevue Hospital without regaining consciousness.
Thomas Wijstem assaulted & killed Around 10:30 PM, Thomas Wijstem, a thirty-four-year-old white carpenter, was struck on the head by a rock and knocked unconscious in front of the W. T. Grant store at 226 West 125th Street.There is no information on why Wijstem was on West 125th Street at that time. He lived across town to the east, at 16 East 127th Street, a racially mixed section likely too far away for him to have heard the noise of the disorder. By 10:30 PM, police had established a perimeter around 125th Street and the large crowds that had been concentrated there earlier had broken into smaller groups, many of which scattered north and south up the avenues. However, around 10:30 PM, crowds broke through the police cordon on to this block of 125th Street. Three of the four brief newspaper accounts of the assault reported that a group of Black men attacked Wijstem. At the same time, a rock was thrown through the window of Blumstein's department store, the building immediately to the west of where Wijstem was struck, and ten minutes later, a rock was thrown that broke windows in Kress' store. In both those cases, police alleged that the men responsible urged people on the street to attack police, causing large crowds to gather. With police reinforcements having arrived, unlike earlier in the disorder, police made arrests in all three of those incidents, albeit of only one individual at each location. Douglas Cornelius, a twenty-four-year-old Black man, was arrested for allegedly throwing a rock that struck Wijstem. Given the objects being thrown at nearby store windows at this time, it is possible that the rock that hit Wijstem may have been meant for the windows of the W. T. Grant store, which were broken during the disorder

While many of those injured in the disorder suffered head injuries, Wijstem’s injury was one of the most severe, a fractured skull that rendered him unconscious. As a result, he appears in stories of the disorder and lists of the injured in the New York Evening Journal, Daily News, New York American, Home News, Brooklyn Daily Eagle, Atlanta World, Afro-American, and Norfolk Journal and Guide as a seriously injured "unidentified white man." The Home News, New York Post and New York World-Telegram did eventually name him, on March 22, with the Home News and New York World-Telegram reporting that his brother had identified him and the New York Post that his neighbors had identified him (the Home News misreported his name as "Thor Wigstrom"). Three months later, a brief story in New York Herald Tribune reported Wijstem had died in Bellevue Hospital without regaining consciousness. However, as the attack on Wijstem led to an arrest and prosecution for assault, he is included among both those assaulted and killed (but not among those injured in assaults).

Like the man he targeted, Cornelius lived in East Harlem, at 52 East 118th Street, a mixed Black and Puerto Rican section. He appeared in lists of those arrested for assault in nine newspapers, but only five of those reports link him to the unidentified man with the fractured skull. After appearing in the Harlem Magistrates Court on March 20, charged with felonious assault, he was remanded in custody. He appeared in court again on March 25, when Magistrate Ford dismissed the charge against him as he had been indicted by the grand jury. The 28th Precinct police blotter simply listed the charges as "Dism[issed]," as it did with other men dismissed in the Magistrates Court because they had been indicted already. However, there is no case file for Cornelius in the district attorney's records, and no other information on the outcome of his prosecution.
Windows broken without arrest (54) No one was identified as being arrested for breaking windows in 75% (54 of 72) of the businesses identified in the sources (as no one was arrested for the first broken window in Kress' store, the store appears among those cases in which no arrests were made even though an arrest was made for allegedly breaking a 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, 75% (54 of 72) compared with 55% (37 of 67). 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. 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 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. 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.
Jackie Ford arrested Early on March 22, Officer Mckenna of the 28th Precinct arrested Jackie Ford, a twenty-eight-year-old Black man, for allegedly being one of a group who broke windows in Julia Cureti's restaurant at 142 Lenox Avenue. Where that arrest took place is unknown. While police made other arrests after the disorder at the homes of those they arrested, Ford was recorded in the Harlem Magistrates Court docket book as having "no home." Stories about Ford's appearance in court that same day in the New York Post, New York World-Telegram, and La Prensa mention only that Cureti had identified Ford as one of those she saw break windows. There was no information on how she came to identify Ford.

As Ford was arrested two days after the disorder, he did not appear in the transcript of the 28th Precinct police blotter or lists of those arrested published on March 20. In the Harlem Magistrates Court, Ford was charged with malicious mischief, the offense used in cases in which windows were broken. Magistrate Renaud transferred him to the Court of Special Sessions and held him on bail of $500, indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony. There was no information found on the outcome of the prosecution.
Julia Cureti's restaurant windows broken Sometime during the disorder, windows in Julia Cureti's restaurant at 142 Lenox Avenue, on the southeast corner of 117th Street, were broken. Several businesses on the blocks of Lenox Avenue south and north of 116th Street had windows broken, damaged reported only in a story by a reporter for La Prensa who walked up Lenox Avenue the morning after the disorder. However, although the reporter would have walked by it, the restaurant is not included in that story. That likely indicates it was one of the business they reported had not been included as they had only suffered minor damage.

Cureti must have been in the business at the time, as early on March 22 she identified Jackie Ford, a twenty-eight-year-old Black man, as one of the group who broke the windows. There is no information on how she came to identify Ford. Reports of his appearance in the Harlem Magistrates Court on March 22 in the New York Post, New York World-Telegram, and La Prensa only mention Cureti's identification and that Ford had broken her store windows. Cureti is recorded as the complainant against Ford in the Harlem Magistrates Court docket book, where the charge against him is recorded as malicious mischief. Magistrate Renaud transferred him to the Court of Special Sessions and held him on bail of $500. There is no information on the outcome of the prosecution.

A white-owned restaurant is recorded at 142 Lenox Avenue in the MCCH business survey taken in the second half of 1935. While that record likely indicates that Cureti remained in business, she may not have operated the restaurant much longer. When a man and woman were arrested after using counterfeit $10 bills to pay for food at the restaurant in July 1937, the New York Amsterdam News story identified Dennis King as the owner. Whoever owned it, a chicken restaurant is visible at 142 Lenox Avenue in the Tax Department photograph from 1939–1941.