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• 1 2020-02-24T23:43:11+00:00 Assaults by police (?) 74 plain 2024-02-09T20:53:23+00:00 There are no reported victims of assaults by police officers during the disorder aside from Lloyd Hobbs and James Thompson, the two men police officers shot and killed. Four additional Black men arrested by police appeared in lists of the injured, one shot, three with injuries that may have resulted from being beaten. Harry Gordon, a white man arrested trying to speak at the beginning of the disorder, claimed he was beaten while in custody. Generalized reports of violence by police suggested that some unattributed incidents of violence and injuries may have been the work of police officers.
  
  The uniformed patrolmen who responded to the disorder carried both nightsticks and pistols. Detectives did not typically carry nightsticks but were issued them to deal with the crowds, according to the New York Evening Journal. Emergency trucks carried rifles that were used by the patrolmen who crewed those vehicles. All those weapons were evident in photographs of police taken during the disorder. Officers first resorted to nightsticks and pistols used as clubs. A Daily News photograph of the arrest of Charles Alston showed one of the officers holding his pistol by the barrel so the butt could function as a club, a detail to which the newspaper’s caption drew attention. The Times Union story on the riot noted that “Police night sticks accounted for almost as many minor injuries as the shower of stones thrown from rooftops, windows and hallways by rioters.” Officers used nightsticks when they sought to move or contain crowds. One can be seen in the hand of the officer pushing into the crowd in a Daily News photograph; that one of the Black men to his right appears to be reaching for the officer’s arm confirms he is swinging into the people in front of him.
  
  One Afro-American journalist reported that while mounted police had been "somewhat rough" early in the disorder, violence by other officers only came later in the disorder, "early Wednesday morning, as the news that fellow-officers had been wounded with bricks increased, [when] other officers 'got even' by 'mussing up' whoever came into their hands." Further evidence of that more indiscriminate use of nightsticks appeared in a New York Herald Tribune story about the “best joke” doing the rounds at the West 135th Street station after the disorder. It involved Detectives McCane and Teed chasing a group of Black residents into a hallway near 130th Street and Lenox Avenue. Although that area saw the most concentrated looting of the disorder, the officers were not seeking to make an arrest. Instead, after Teed went into the hallway, McCabe waited outside. As Teed caused each of the black individuals to flee back to the street, McCabe “hit them over the head with a nightstick” as they went by. It became a joke when his “zealousness” led him to hit his partner when he too exited the hallway. Similarly, police responded to a crowd attacking the car in which Betty Wilcox sat, she related, "with big clubs swinging,... and began to strike out at random and shoot in the air."
  
  A Black man named James White suffered a “laceration of the scalp…during an altercation with an unknown white man” just a block away from that incident, at 129th Street and Lenox Avenue. He reported that assault only to the hospital staff from whom he sought treatment. White did not identify his assailant as a police officer, perhaps indicating the man was not in uniform. Detectives who wore plainclothes like McCabe and Teed would have made up a significant proportion of the white men present at the heart of the disorder. Andrew Lyons, a Black man who suffered a fatal injury to his skull during the disorder, may also have been hit with a nightstick. Two newspapers reported he had been injured on 125th Street, at different locations on the police perimeter. However, medical records indicated he did not receive medical attention until the evening after the disorder, by which time he was described as "stuporous" and unable to tell doctors what had happened to him.
  
  The only photograph of an arrest being made, published in the Daily News, did not show, but suggested, violence by police. Two officers were visible, on the southeast corner of Lenox Avenue and 127th Street, with one standing over a Black man seated on the ground (none of the arrests with locations identified in the sources occurred at the corner). The patrolman was “dragging a recalcitrant rioter off to prison,” according to the caption, although the image did not offer a view of the patrolman's hands. That kind of treatment could produce some of the injuries reported in the press. More serious injuries would have come from being hit with a nightstick. One officer in the photograph had his nightstick under his arm, while the other, in the foreground, had a revolver in one hand and a nightstick in the other. As they had those weapons at hand, they likely employed them in apprehending the man. He may have fallen, but it seems more likely that the officers knocked him down during the arrest. His face was obscured by his hat so there were no visible signs that he was beaten. (In the background several Black women are visible walking past the scene along 127th Street, one looking back over her shoulder at the police.)
  
  Black men arrested during the disorder displayed further evidence of police violence. The New York Post reported that many of the prisoners who filled the West 123d and West 135th Street police stations before midnight were “slightly injured,” while the New York Sun described "groups of prisoners battered and bruised." Descriptions and published photographs of the appearance of prisoners the next day in line-ups and being transported to court confirmed those reports. Many had bandaged heads and visible bruises. The New York Sun unambiguously attributed those injuries to the men’s “furious battles with the police.”
  
  Four Black men and a white man arrested by police were also among those reported injured. Patrolman Conn hit Paul Boyett in the shoulder when he shot at the crowd around a group of men assaulting Timothy Murphy. A doctor from Knickerbocker Hospital treated Boyett's wound before he was placed in a cell. When James Smitten was arrested for assaulting William Kitlitz, the “lacerations to the scalp he received in some unknown manner” were severe enough that doctors were also called to the 28th Precinct to treat him. Isaac Daniels had contusions on his arm and Hashi Mohammed internal injuries, with no description of the circumstances in which they were wounded. In addition, Louise Thompson reported to the MCCH the “severe beating” that she saw Patrolman Irwin Young and his colleagues administer to Harry Gordon, a white Communist, when they arrested him on 125th Street. ILD lawyer Isidore Englander did not see police beat Frank Wells, but saw the results when he found him at the Harlem Magistrates Court. "His head was bandaged, his shirt was red with blood, he could not stand on his feet," Englander testified in a public hearing of the MCCH. According to a summary in a list of "Cases of Police Brutality, Discrimination and Mistreatment of Negroes in Harlem" later supplied to the MCCH by the Communist Party, Wells was "attacked by police and brutally beaten" while walking down 125th Street, again at the police station, and a third time in the police line-up on the morning of March 20.
  
  While few reports of the disorder showed any concern about the indiscriminate use of nightsticks by police, officers' use of their guns was another matter. No one disputed that guns were fired, beginning almost as soon as police faced crowds. The officer in the foreground of the Daily News photograph of an arrest above has drawn his revolver, ready to fire it, not use it as a club. However, newspaper stories emphasized that prior to midnight, officers fired those shots into the air, not at any individuals. The Daily News reported very precisely that the detachment of police trying to clear crowds from 125th Street after someone broke the first window in Kress’ store fired five shots into the air. The shooting of Lyman Quarterman around 10:30 PM was to be at odds with that claim: he was part of a crowd police were attempting to disperse on 7th Avenue at 121st Street, firing their weapons, supposedly only in the air. However, there were no reports of anyone else other than police firing guns during that incident.
  
  After midnight, when looting and damage to property increased, whatever restraint police had shown in using their guns disappeared, notwithstanding one Afro-American journalist who claimed that police "did not fire into crowds." It was during this period that officers shot and killed Lloyd Hobbs and James Thompson, and that Patrolman William Clement shot at a crowd pursuing B. Z. Kondoul, a white man, allegedly in order to protect him from assault. Four other Black men suffered gunshot wounds from unidentified shooters in the same period, all but one in the area in which looting was concentrated. It was likely that at least some were shot by police. Eunice Carter asked Captain Rothnengast for details of those shootings during a MCCH hearing, suggesting that they had been shot by police: “Officer, you stated that other people were shot but who shot them? Was there any effort to find out who shot them? Was any check made on the bullets to ascertain whether they came from police guns?” He replied simply that “No bullets were recovered.” There was little evidence of Black individuals firing guns; there were two arrests for possessing a gun. Inspector Di Martini told a hearing of the MCCH that he heard gunshots around 130th Street sometime during the disorder that "apparently came from some roof or window on the side streets," but he did not actually see that himself. Despite the evidence of police firing at crowds, the New York Post reporter compared the fatalities and injured favorably to "the long lists of deaths that might easily have resulted," indicating that "the police handled the crisis so carefully." A journalist for the Afro-American agreed that "the police, on the whole were restrained," but saw a different consequence, that the "crowd would not have been downed if colored bodies were scattered here and there felled by police bullets."
   
• 1 2022-09-03T17:48:37+00:00 Arrests (128) 46 plain 2024-02-15T20:35:18+00:00 Police records, legal records, and newspapers contained information on 128 arrests made by police across a period of approximately twelve hours from around 5:00 PM to 5:40 AM. The sources included information on the precise timing of only forty-seven arrests, just over one-third (37%) of the total. Most of those occurred between 10:30 PM and 1:30 AM. The final arrests of the riot, at 5:00 AM and 5:40 AM, came after a two-hour period without arrests with known times, and an hour after Deputy Chief Inspector McAuliffe had declared the streets quiet. They were made by patrolmen patrolling the avenues in radio cars. Three arrests were made after the disorder. Police arrested two men arrested in their homes and a third man in an unknown location.
  
  Few of those arrests were made in the early hours of the disorder when it was concentrated on or around 125th Street. For much of that time, there were relatively few police on the street so they were perhaps too outnumbered to make arrests, as Lt. Battle later told his biographer Langston Hughes. However, two newspaper stories did suggest that some of the forty-nine arrests for which there was no information on time or location could have been made during this time. The New York Herald Tribune reported that "By 11 p.m. both the West 123d Street and West 135th Street police stations were filled with suspects arrested for alleged assaults with rocks, bludgeons, knives and revolver butts." The Home News included a similar statement in its story: "By midnight both the W. 123d St. and W. 135th St. stations were filled with suspects arrested for assaults with rocks, knives and clubs." The New York Herald Tribune story mentioned a total of fifty arrests, likely a number police gave a reporter around the same time so an interim total reflecting when that edition of the newspaper was finalized. The New York Times, a morning newspaper like the New York Herald Tribune, also reported fifty arrests in its story. Only sixteen arrests with a known time occurred before 11:00 PM, with an additional five arrests before midnight. Newspapers published later reported larger totals closer to the number identified here: "100 or more under arrest" in the New York Evening Journal; "113 men and women, mostly Negroes, under arrest" in the New York Post; "120 prisoners" in the New York World Telegram; "more than 120 arrested" in the Times Union; "more than 125 arrested" in the Home News; "127 prisoners" in the New York American; "more than 150 under arrest" in the New York Sun; and "150 arrests" in the weekly Afro-American published on March 23. Many of those numbers would have been provided by police when those arrested were arraigned in the two Magistrates Courts that had jurisdictions over sections of Harlem. If there were additional people arrested beyond the 128 men and women identified here, they likely were not prosecuted as the research included the docket books that listed all those who appeared in the Magistrates Court.
  
  There were locations for seventy-nine of the 128 arrests, 62% of the total. Police made arrests across a wide area of Harlem, with concentrations on 125th Street, where Kress' store drew crowds, on Lenox Avenue north of 125th Street, and on 7th Avenue between 125th and 130th Streets, where extensive damage and looting was reported.
  Only eleven (14%) of those arrests took place above 130th Street; however, the proportion may have been greater. Those arrested north of 130th Street were arraigned in the Washington Heights Magistrates Court as that street was the boundary between the 28th Precinct based at West 123rd Street station and the 32nd Precinct based at the West 135th Street station. Thirty-two of the 115 (28%) people arrested whose names appeared in docket books were arraigned in the Washington Heights Magistrates Court indicating they had been arrested north of 130th Street. That proportion was in line with a story in the Home News that more than 90 arrests had been made by police at the West 123rd Street station. The docket books showed that statement was not accurate in the sense that officers based at that station made that many arrests, but it would reflect the number of arrests made within the precinct’s boundaries, the area south of 130th Street.
  
  Police most commonly alleged that those they arrested had been looting, in sixty of the 100 arrests (60%) for which that information can be found. Despite their relative frequency, arrests for looting related to only a small proportion of the looted stores. Of the sixty-five looted businesses identified here, police made arrests related to twenty-eight (43%) locations. Police made an additional eighteen arrests for alleged looting that could be related to one of the other thirty-seven businesses identified as having been looted in the sources. However, those sixty-five businesses did not represent all those that were looted: only twenty-seven of the 171 businesses who sued or tried to sue the city were identified in the sources, meaning that a total of at least 133 businesses were looted (assuming all 65 of the identified businesses are among those that filed suits), with arrests related to at most 21% (28 of 133). The next most frequently alleged activity was breaking windows, in twenty-six arrests (24%, 26 of 109), with seven of those individuals allegedly also inciting others to attack stores or police. Those arrests related to only 24% (17 of 72) of the businesses identified in the sources that suffered damage. Again, those businesses represented only a proportion of the total with damage, estimated at around 450. Some of those businesses would also have been looted; if around 300 businesses only had windows broken, the total arrests would be related to only about 9% (26 of 300) of the damaged stores. Taken together, arrests for alleged looting and breaking windows related to only about 13% of the approximately 450 damaged businesses. Police arrests for alleged assaults were in a similar proportion to those for attacks on businesses. Despite the attention given to assaults in some white newspapers, police alleged only thirteen of those arrested (13%, 13 of 100) had committed such violence. Seven of those arrests related to one of the fifty-four reported assaults, around 13%. Similarly, despite newspaper reports of those on Harlem’s streets being armed with various weapons (including the claims that those arrested early in the disorder had used weapons quoted above), only four of those arrested allegedly had weapons in their possession. For an additional nineteen of those arrested (15%, 19 of 128) there is no information on what police alleged they had done.
  
  Police violence was a routine part of arrests in Harlem. Newspapers treated the injuries of those who had been arrested as unremarkable. The New York Post reported that “prisoners were herded in police stations when they did not require hospital treatment” without any additional comment. Similarly, the New York Sun described several of those being transported to court the next day as “bruised and beaten and their clothing was torn.” Injured prisoners are also visible in several photographs published in the press. Mentions of police hitting people with their nightsticks in the Times Union and New York Herald Tribune focused on them being used on people in the streets not during arrests. However, five of those arrested also appeared in lists of the injured, four Black men and a white man. Details existed only in the case of the white man, Harry Gordon, who told a hearing of the MCCH that he was beaten with a nightstick while being arrested, again in a radio car while being transported to the precinct, and one more while being placed in a cell. The only other evidence of the circumstances of an arrest was a photograph published in the Daily News. Two officers are visible, on the southeast corner of Lenox Avenue and 127th Street, with one standing over a Black man seated on the ground on the ground. He is “dragging a recalcitrant rioter off to prison,” according to the caption; he may also have knocked him to the ground. That officer has his nightstick under his arm, while the officer in the foreground has a revolver in one hand and a nightstick in the other, indicating that they employed those weapons while apprehending the man. In addition, the New York Evening Journal published two photographs of police officers searching Black men for weapons according to the captions. Presumably, if they had found anything, the photographs would have been of the subsequent arrests. In one, the officer was a detective in plainclothes searching a single man. In the other, police have stopped a car and a uniformed patrolman was searching one man standing next to it with his hands in the air while a second man sat in the car lifting his hand to hide his face from the camera.
  
  Other photographs of police with individuals they arrested were taken as they were entering police stations not during the arrest itself. The officers walked alongside the arrested men, in one image grasping a man’s arm and pushing him with a nightstick. Three images, two of the same group, including the one below published in the New York Evening Journal, showed Black men under arrest for looting carrying merchandise they had allegedly stolen.
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  By contrast, there was nothing in a photograph published in the New York Evening Journal captioned “Suspected Rock-Tosser” to indicate that was the charge against the Black man in the image. Police arresting Charles Alston on Lenox Avenue and 138th Street were photographed by men working for both the International Photo service (the image below) and the Daily News as they brought him to the street for transport to the precinct. They alleged he had been part of a group of men that shot at police; the photograph captions, however, identified him as having been arrested for looting. That arrest was at the very end of the disorder, after the streets were quiet, when more journalists began to venture beyond 125th Street.
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  Police almost always arrested individuals even when they described seeing groups. In only nine instances did police make multiple arrests at one time, three people on four occasions and two people on five occasions. Those arrests amounted to 16% of the identified arrests (21 of 128). Although a single arresting officer was identified in seven of those incidents, they almost certainly involved multiple officers as the arrest of the three picketers in front of Kress’ store did. Details of these arrests were limited but do suggest one explanation for why police did not make multiple arrests more often: officers had to chase the group of which David Smith and Leon Mauraine were part and caught up with those two men several buildings away. Others in the group obviously outran police, which may have happened on other occasions. It could also have been that there were too few police to make additional arrests. Just how many officers were present for an arrest was difficult to establish as legal sources focused narrowly on the arresting officer who appeared in court.
  
  Police overwhelmingly arrested Black men during the disorder, 102 of the 117 (87%) of those arrested with a recorded race, together with only seven Black women and eight white men (eleven of the arrested men are of unknown race). Women were a larger proportion of the crowds on Harlem’s streets, particularly on 125th Street, in most accounts of the disorder than of those arrested. However, they are only rarely mentioned as participants in attacks on stores or the looting that occurred away from Kress’ store. Given the prominence of women in stories about the disorder in Harlem in 1943, only eight years later, it was possible that their involvement in 1935 was overlooked by reporters and police focused on men they likely considered more threatening. Those women police did arrest were allegedly involved in breaking, windows, looting and inciting crowds; none were accused of assault. The four alleged Communists - Daniel Miller, Harry Gordon, and the two picketers -  who police arrested at the very beginning of the disorder amounted to half of the white men taken into custody during the disorder. Police also arrested one of other four white men early in the disorder, Leo Smith, for breaking a store window. He may also have been part of the Communist protests. There was little evidence that white men were in the groups police encountered attacking and looting stores later in the disorder. There are details of only one of the other arrests, the last of the disorder, when a patrolman arrested Jean Jacquelin carrying clothing allegedly stolen from tailor on the block where he lived.
  
  Only a small number of those arrested in the disorder lived outside Harlem.
  
  Most of those arrested lived local to the disorder. Although a cluster resided around 7th Avenue south of 125th Street, those arrested came from throughout the neighborhood.
  

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