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David Terry arrested
Instead, it appears that it was Terry who police alleged had broken the hat store windows, as he was charged in the Harlem Magistrates Court on March 20 with malicious mischief. 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. That change likely indicates a lack of evidence that Terry had broken windows. 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, Magistrate Ford tried and convicted Terry and fined him $500 or five days in the workhouse. Terry served the time in the workhouse, according to the 28th Precinct Police blotter.
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This page references:
- "Transcripts of Police Blotter - Precinct 28, March 19 & 20, 1935," MCCH - Juvenile Delinquency - 1935-36, Departmental Correspondence. Box 34, Folder 1 (Roll 171), Records of Mayor Fiorello H. La Guardia, 1934-1945.
- "Police Guard Against New Uprising as Mayor Acts to Probe Race Riot," Home News, March 21, 1935, 1.
- New York Penal Law, § 404, 407: Burglary in third degree.
- New York Penal Law, § 722-724: Disorderly Conduct
- New York Penal Law, § 1433: Malicious Mischief
- New York Penal Law, § 1298-1299: Petit Larceny
- Harlem Magistrates Court docket book
- City Directory, New York, New York, 1933, 2348 (Ancestry.com)