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

Danbury Hat store windows broken and looted

Some time during the disorder, the windows of the Danbury Hat store at 2334 8th Avenue were broken, likely allegedly by David Terry, a twenty-eight-year-old Black man, and, around the same time, James Hayes, a sixteen-year-old Black youth, allegedly took a baseball bat from the store window. There are no clear details of the circumstances of the damage to the store or the men's arrest. Hayes lived at 476 West 141st Street, on Black Harlem's northwest boundary, further from the location of his arrest than most of those caught in the disorder, who typically lived south of 125th Street or near Lenox Avenue south of 135th Street. Terry had "no home." Police had pushed the crowds that gathered in front of Kress' store to the intersection of 125th Street and 8th Avenue early in the disorder, and groups of people remained in the area for several hours. Nearby stores on either side of the hat store had windows broken: the branch of the Liggett's drug store chain to the south, on the northeast corner of 125th Street; and a seafood restaurant to the north at 2338 8th Avenue. Neither of those stores was among those reported looted. Other isolated reports of looting and arrests on 8th Avenue occurred further north, around 127th and 128th Streets.

The Danbury Hat store was one of the businesses with broken windows identified by the reporter for La Prensa who walked along West 116th Street, up Lenox Avenue and across West 125th Street to 8th Avenue on the day after the disorder. The business is also likely the storefront that appears in a photograph published in the Decatur Review.

Although the caption does not identify the business, hats are visible in the display window, together with the last few letters of the store name on an unbroken section of glass at the bottom of the window: "RY HAT CO.." (The only other hat store recorded as having been damaged or looted is Young's Hat store). Two white men pose in front of the damaged store; white bystanders are most likely to be found near West 125th Street, where the Danbury Hat store was located. A large basket sits inside the display window, perhaps a trash bin taken from the sidewalk. The stock just visible behind the basket suggest that the store was not looted.

Despite this damage, the Danbury Hat store was recorded as in business in the second half of 1935 in the MCCH business survey, mistakenly located at 2336 8th Avenue. The Tax Department photograph was taken from too far away to show the presence of the store when it was taken between 1939 and 1941.

Hayes taking a baseball bat from the store was reported in a story about his appearance in the Magistrates Court in the Home News, which gave only the address of the store. The name of the store is confirmed by the Harlem Magistrates Court docket book, which recorded the complainant against Hughes as Wilbur Montgomery, living at 951 Woodycrest Avenue. Montgomery is identified in the 1933 City Directory as the manager of Danbury Shoes. He was also recorded as the complainant against David Terry. There are no sources with details of the circumstances of Terry's arrest, only the charges made against him.

Officer Balkin was recorded as the arresting officer of both Hayes and Terry in the Harlem Magistrates Court docket book, suggesting they were arrested at the same time. James Hayes appeared in the 28th Precinct Police Blotter, his name misrecorded as Hazel, as charged with burglary, with the note "Broke store window, burglarized store." In line with that entry, he was among those charged with burglary in the lists published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. However, when Hayes appeared in the Harlem Magistrates Court on March 20, the charge was recorded as petit larceny not burglary. That charge did not require evidence of breaking in and entering a store as burglary did, indicating a reassessment of the information in the blotter by the time of his arraignment. Magistrate Renaud transferred Hayes to the Court of Special Sessions and held him on $500 bail.

Instead, it appears that it was Terry who was charged with breaking the store windows. In the Harlem Magistrates Court docket book the charge recorded against him when he appeared in March 20 was malicious mischief, an offense involving destruction of property used against the other individuals arrested during the disorder for allegedly breaking windows. Magistrate Renaud held Terry in custody so his case could be investigated. When he was returned to court on March 26, the charge against him was reduced to disorderly conduct, the previous charge crossed out in the docket book, "Red. to" written above it, and the new charge stamped in its place. It is that reduced charge of disorderly conduct that appeared as the charge against Terry in lists published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. A different charge recorded against him in the 28th Precinct Police Blotter, inciting a riot, appears to have frequently been used by police as the initial charge against those arrested during the disorder, and was often replaced by other charges in the Magistrates Court.

As disorderly conduct was a charge that Magistrates had the power to adjudicate, Terry was tried in the Harlem Magistrates Court and convicted by Magistrate Renaud, who sentenced him to pay a $500 fine or spend five days in the workhouse. Terry served the time in the workhouse, according to the 28th Precinct Police blotter. The blotter also recorded the outcome of the prosecution of Hayes, five days later, on April 1: tried in the Court of Special Sessions and convicted by the judges, who gave him a suspended sentence.

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