This page was created by Anonymous. The last update was by Stephen Robertson.
David Terry arrested
There were no details of the circumstances of Terry's arrest, but the charge against him in the Harlem Magistrates Court, malicious mischief, was made against those arrested in the disorder who had allegedly broken windows. Hayes had allegedly taken a baseball bat from the hat store, according to a story about his appearance in the Magistrates Court in the Home News, which gave only the address of the store. Police appeared to have initially charged Hayes with breaking a window as well as taking the bat. He appeared in the 28th Precinct police blotter, his name misrecorded as Hazel, with the note "Broke store window, burglarized store." In line with that entry, Hayes 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. Given that the arrests came in response to attempts to take merchandise, they likely occurred after 11:00 PM, when businesses in the area had already been damaged, when incidents of looting became more frequent
Instead, it appeared 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. Instead, he would have been among those on the street around the store when the window was broken. Police may have mistaken him for the person who broke the window or have arrested him to get him off the street as part of their efforts to restore order. It was 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, appeared 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. Disorderly conduct was a charge that magistrates had the power to adjudicate. Magistrate Ford 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.
This page has tags:
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.
- 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).