This page was created by Anonymous.
District Attorney's Closed Case Files, 204052 (1935) (New York City Municipal Archives)
1 2020-10-20T22:43:39+00:00 Anonymous 1 9 plain 2024-01-23T19:53:41+00:00 AnonymousIn addition, the file includes a memorandum to the judge, dated April 9, 1935, noting that the sentencing judge had allowed Hughes to withdraw his guilty plea in response to a letter from a minister named Haynes and sent the case to trial. The memo also notes Hughes' conviction and that he intended to break the store window, not hit the police officer.
This page is referenced by:
-
1
2020-02-25T19:43:45+00:00
Windows broken (72)
170
plain
2024-03-05T21:13:22+00:00
A window in the S. H. Kress 5 & 10c store being hit by an object and breaking began the disorder. Objects thrown at the windows of stores, mostly those with white owners, was the most prevalent event in the following hours, with at least 300 businesses damaged. Such attacks were unfamiliar from the racial disorder of previous decades. Business and residential property had been the targets of violence, but that property had been Black-owned and damaged or destroyed by white crowds. However, white businesses in Harlem had been the focus of protests against their failure to hire Black workers in the years immediately prior to the disorder, culminating in a campaign by a coalition of Black organizations in 1934. Those efforts involved boycotts and pickets, not breaking store windows. A competing campaign by the Communist Party did extend to smashing windows in the Empire Cafeteria. The potential for picketing to lead to violence, and specifically to a “race riot,” was one of the justifications given by the judge in the New York State Supreme Court who outlawed the tactic in 1934, effectively ending the boycott campaign for the hiring of Black workers. That sentiment was echoed after the disorder by Black columnist Theophilus Lewis in the New York Amsterdam News, a critic of the boycott movement: "There was a time, during the peak of the boycott movement, when a slight indiscretion by a policeman, a white salesgirl or a colored shopper who defied the boycott would have started an outburst quite as serious as the recent disorder. The feeling of race antipathy, perhaps not intended by the leaders of the boycott, has remained pent up in the community waiting for a spark to set it off." The turn to breaking windows as a final resort was captured by Gill Horton, a Black former cabaret owner quoted by Joseph Mitchell in the New York World-Telegram after the disorder. "I didn’t throw no rocks," he reportedly said. "I broke my last window when I was going on 10. Of course, if I was pushed a little I might let loose a few bottles and brickbats, but nobody pushed me yet.” Many others in Harlem clearly had been pushed. When James Hughes, a twenty-four-year-old Black shoe repairer returning home, found himself in a crowd at 8th Avenue and West 125th Street, he heard people saying, "Let's break windows," he later testified in court.
Historians Cheryl Greenberg and Larry Greene have argued that decision had the opposite effect to what the judge intended, shutting off an outlet for discontent and protest, and leaving Harlem’s residents with fewer alternatives to violence. The events in front of Kress’ store before someone threw the object that broke one of its windows replicated and recapitulated those tensions. Three men had been protesting the store employees’ treatment of Lino Rivera by walking in front of the store with banners — picketing. Police officers arrested the group, shutting down those means of protest. On this occasion, unlike earlier protests, members of the crowd attacked the store.
The objects thrown at store windows were most often described as rocks or stones, and less often as bricks — the objects recovered from the windows of Herbert’s Blue Diamond jewelry store displayed by a clerk for a Daily News photographer the day after the disorder. All those objects could be found around Harlem. An employee of the Blackbird Inn told a reporter for the New York Post that much of that material came from the island that ran down the middle of 7th Avenue, where stones and debris left after the paving of the street had been dumped. Other larger objects found on the street were sometimes used: ashcans and trashcans. (The tailor’s dummy allegedly thrown through Sam Lefkowitz's store window likely came from another damaged store.) In a handful of cases, the missiles were objects more likely brought from home — bottles, clubs, and hammers — or items individuals happened to have with them, such as umbrellas (there was rain on the night of the disorder). At least two windows in looted stores were allegedly kicked in.
While newspaper reports routinely described store windows as “smashed,” the extent of the damage they suffered varied. A single object generally broke and created a hole in a window rather than shattering it entirely, as is evident in a photograph published in the Daily News that shows a white police officer and a white store manager speaking through a hole in an unidentified shoe store. To remove most or all of the glass from a display window took more than one object, which usually meant more than one person, depending obviously on the size of the window. Stores on West 125th Street, particularly the department stores and those that wrapped around the corners of the intersections with 8th, 7th, and Lenox Avenues had far larger windows than the smaller businesses on the avenues themselves. More extensive damage to windows appears to have been associated with looting, and may have occurred when groups or individuals returned to stores with broken windows to take merchandise. A section of Lenox Avenue in a photograph published by the Daily News and an unpublished image by another photographer shows that variety of damage: closest to the camera is a rental agency with a hole in its window, which still contained the ashcan that created it, that does not appear to be looted; to its left are two grocery stores and a cigar store whose windows are almost entirely gone, and whose contents have been taken. The sources do not offer a clear picture of the extent of the damage to the stores identified as having broken windows but not as looted. The reporter for La Prensa who listed thirty-five businesses with broken windows on Lenox Avenue, West 125th Street, and 8th Avenue, ended their list by alluding to an unspecified number of other stores not on the list that suffered relatively little damage compared with those listed. There are no details for just under half of those identified (33 of 69) in the sources; of the remainder, fragmentary information suggests fourteen businesses could have been suffered limited damage.
Efforts to damage stores may also have extended to destroying merchandise by throwing it into the street, on a night when it rained. The Afro-American most directly reported that practice, in which “the goods was dragged in the wet sidewalk and destroyed.” The New York Times and Atlanta World reported goods taken out of windows and “strewn” and “scattered” on the sidewalk without mention of the intention. So too did Betty Willcox, who told a New York Evening Journal that on West 125th Street, "I saw that the windows of all the stores around there had been shattered and the goods thrown all over the place." Merchandise on the street, however, could also have been a byproduct of looting rather than attacks on businesses, thrown or carried out of stores so they could be taken — as seemed to be the case in a photograph of a damaged grocery store published in the New York Evening Journal. Some of those arrested during the disorder denied "breaking the store windows" and instead insisted "that they had picked the articles up from the street after others had thrown them out of the stores," according to a story in the New York Sun (which dismissed those claims as an effort to avoid responsibility).
When objects broke windows, glass went flying, hitting individuals on at least five occasions. All those reported injuries came after 1:00 AM, so during the period when most of the reported looting took place, and in the areas where that looting was concentrated, on Lenox Avenue from 127th Street to 130th Street and on 7th Avenue and 116th Street. Evidence about the circumstances of those injuries is fragmentary, brief details in lists and hospital records rather than discussions in stories. One record explicitly linked the injuries to windows being broken in stores. In the 32nd Police Precinct book of aided cases, Herbert Holderman was listed as “cut by flying glass when some unknown persons broke windows of stores.” "Flying glass” and “falling glass” were the reported causes of the four other injuries. That glass could have come from smashed windows in cars and buses driving on Harlem's streets, which also had objects thrown at them, although such attacks were reported only on 7th Avenue. Those injuries could also have been the result of throwing objects at windows or climbing or reaching into broken windows to take merchandise. However, crowds of bystanders were on Harlem's streets throughout the disorder, on sidewalks close enough to stores to be hit by glass when someone broke store windows. One storeowner, Herman Young, was also injured by glass from a window broken by a stone.
The seventy-two businesses identified in the sources as having broken windows, and the additional sixty stores looted as well as damaged, amount to around 30% of the total number estimated to have had windows broken. Newspaper stories offered a range of initial assessments of the damage. By noon on March 20, the New York Plate Glass Service Bureau, “whose member companies do 98 per cent of the glass insurance business in the city,” told a reporter for the New York Post that 110 clients had reported broken glass, a fraction of the expected total damage. Other newspapers published totals for the number of windows broken, not stores effected: “at least 130 costly plate gas windows,” according to the New York American; 200 plate-glass store windows according to the New York Times, Brooklyn Daily Eagle, Chicago Defender, and Norfolk Journal and Guide; and “more than 250 windows” according to the New York Herald Tribune, 300 windows in the Afro-American, and “more than 1,000 panes of glass” in the New York Post. Inspector Di Martini offered an "approximate number of windows broken" that totaled 624 in his "Report on Disorder" to the police commissioner on March 20, with the disclaimer that the "extent of property damage cannot be estimated at this time." A later survey of forty-seven insurance companies by the National Bureau of Casualty and Surety Underwriters, reported by the New York Times and Pittsburgh Courier, combined the two counts, reporting claims for 697 plate glass windows in 300 businesses, amounting to two-thirds of the broken windows. With the uninsured glass included, the total damage would have been just over 1,000 windows in around 450 businesses.
“Breakages were most numerous on 125th street, near Seventh avenue,” according to that survey, but also occurred in an area that extended “from 114th to 143rd streets, between Fifth and Eighth Avenues. Several thousand businesses were located in that area, the MCCH business survey found, so attacks away from 125th Street were clearly less extensive. The "approximate number of windows broken" Inspector Di Martini reported to the police commissioner on March 20 was broken down by precincts, with almost all (86%, 538 of 624) located in the 28th Precinct, south of 130th Street. Newspapers stories consistently identified West 125th Street as the most damaged area, with the New York Age specifying the two blocks from 8th to Lenox Avenues, and the New York Herald Tribune identifying the block between 8th and 7th Avenues, on which Kress’ store was located. Those general descriptions are in line with the events which are reported in the sources, which are concentrated on that block, with fewer on the block between 7th and Lenox Avenues. Those blocks were where the disorder originated, and the largest crowds gathered; where Harlem’s largest stores were located; and where all the businesses were white-owned. Beyond 125th Street, newspaper stories presented different pictures of the extent of the area in which windows were broken. As neither the police department nor the MCCH appear to have collected details of the damage, as would happen after the racial disorder in Harlem in 1943, that variation might reflect the limits of what individual reporters investigated or, in the case of very wide areas, a lack of investigation. Only the Daily News identified an area as extensive as the insurance survey, from 110th to 145th Streets. The New York Evening Journal and New York Herald Tribune only encompassed as far south as 120th Street, and as far north as 138th Street. Two newspapers focused only on 7th Avenue, the Pittsburgh Courier reporting smashed windows from 116th to 140th Streets, and the Daily Mirror only from 120th to 125th Streets. The Black newspaper’s area fits the reported events, and suggests an investigation throughout Harlem; the white newspaper included only a portion of that area, the blocks closest to 125th Street. Eighth Avenue attracted special attention in the New York Herald Tribune, which reported “windows broken in virtually every other store and glass covering the sidewalk” from 124th Street to 130th Street, and less damage in the blocks further north. Lenox Avenue, where the reported events are concentrated, drew particular attention only from the Afro-American, which offered the only specific count, that “In the three blocks from 125th to 128th Street, west side Lenox Avenue, there were twenty-two windows broken.” The Times Union offered the vaguest area, "for blocks around the five and ten cent store two-thirds of shop windows had been smashed." The tendency to draw the boundaries at 120th Street, together with inattention to West 116th Street by both the Black and white press, effectively left Spanish-speaking areas of Harlem out of discussions of the disorder.
The businesses reported with windows broken differed from those reported as targets of looting. (Of the seventy-two stores with broken windows, three are unknown, three were vacant, and five were later looted, leaving sixty-one that are identified.) Clothing stores of various types and businesses involving miscellaneous goods (which included department stores, which sold a variety of goods, including clothing but generally not food) were the largest groups; the food stores that made up the largest group of those looted were the smallest portion of those with broken windows. Those different patterns suggest that those who returned to damaged stores to take merchandise, or turned to looting, focused on what they needed, not on the wider range of stores that had been targets earlier in the disorder.
When objects were thrown at windows beyond Kress' store, their targets were initially other businesses on West 125th Street, where all the stores had white owners. As groups moved away from 125th Street, they continued to focus their attacks on white-owned businesses. Five Black-owned businesses were among those identified as having windows broken, a number far below their presence in the neighborhood. Posting signs that identified a business as Black-owned appears to have stopped attacks and prevented windows from being broken. No Black-owned businesses are among those later looted. In addition to Black businesses, there were two white-owned businesses specifically identified as not being damaged in the disorder. Koch's department store was well-known for having hired Black staff. A group of Black boys reportedly protected the other store.
Arrests for allegedly breaking windows were reported for only 24% (17 of 72) of the businesses that suffered damage, a smaller proportion than for looted stores (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). The twenty-six individuals arrested for breaking windows were identified either because they were charged with malicious mischief, an offense involving damage to property, or by details of what police alleged they had done recorded in legal records or reported in the press. For five individuals arrested for breaking windows there is no information about their alleged targets; some of those four men and one woman may have been charged with breaking windows in stores for which there was no reported arrests. Three of those arrested were women, and one a white man, similar numbers as among those arrested for looting, but twice the proportion of those arrested. Police do not appear to have made arrests during the first hours of the disorder, when windows were broken on West 125th Street as they struggled to keep crowds from Kress' store and off the streets. The arrests that were made in that area came around 10:30 PM. Leroy Brown's arrest on 8th Avenue at 9:45 PM was during that early phase of violence. The handful of other arrests where the time is known occurred on 7th Avenue and Lenox Avenue when reported looting intensified, thirty minutes either side of midnight.
Courts treated breaking windows less severely than other activities during the disorder, in large part because the value of damaged windows was only sufficient to make a charge of malicious mischief, a misdemeanor. Most store windows cost less than $100 to repair, well below the $250 required for the crime to be a felony. Only the five men also charged with inciting others to violence were sent to the grand jury, just over a third of the proportion of those arrested for looting, and the grand jury sent all those men to the Court of Special Sessions to be prosecuted for misdemeanors. Similarly, magistrates transferred nine men and one woman directly to the Court of Special Sessions. In the remaining eleven cases the charges were reduced to disorderly conduct, indicating that police did not have evidence those individuals had broken windows. They were likely in the crowds around businesses with broken windows. In those cases, the magistrate discharged Viola Woods and convicted nine men and one woman of disorderly conduct. -
1
2020-09-30T19:34:09+00:00
James Hughes arrested
60
plain
2024-09-06T19:26:54+00:00
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." -
1
2020-02-25T01:54:44+00:00
Detective Henry Roge assaulted
36
plain
2024-01-22T21:23:25+00:00
Just before 10 PM, police on 125th Street succeeded in dispersing the crowd in front of Kress’ store, moving them across the street and west on to 8th Avenue. Detective Henry Roge of the West 123rd Street Precinct and his partner, Raymond Gill, were among the police standing in front of the store, watching the crowd, backlit by the lighted store. A rock thrown from the crowd then struck Roge in the head, causing deep cuts to his eye and face. Gill claimed he saw a man appear from behind the cars parked on the street, look around, and throw the rock that hit Roge. At that moment there were no other objects being thrown at stores or police, so Gill was certain that it was that rock that hit his partner, and he was able to keep his eyes on the man who threw it. After chasing him through the crowd, he trapped him among the parked cars. Gill frisked the man, twenty-four-year-old James Hughes, and found five stones in his pockets; Hughes insisted the stones were to defend himself, and he had not thrown the rock that struck Roge.
As Hughes was being arrested, Roge's injuries were bleeding profusely. A call for medical assistance brought Dr. Fabian of the Joint Disease Hospital to attend to the detective. New York Evening Journal photographers captured two images of a uniformed officer helping a bleeding Roge from the scene (the only images of an injured police officer published). One photograph taken at the scene shows Roge and the officer from the side. The officer is in the foreground, supporting Roge, who is leaning forward, his left hand over his eyes and forehead. A store display window is in the background, with what appears to be broken glass in front of it. In a photograph that may have been taken somewhere inside, Roge is in the foreground of the image, with a handkerchief covering his forehead and eyes. Next to him, a white uniformed patrolman has one arm behind Roge's back, guiding him, and is holding the lapel of Roge's jacket with his other hand, in which he has his baton. Over the patrolman's left shoulder is a Black man. The Daily Mirror also published an image of Roge and the uniformed officer, which may have been taken on the street, There are two Black men in the image, one behind the officer and one to right of the detective holding a handkerchief he appears to be offering the officer. This image was not published until April 3, when the newspaper miscaptioned it as showing a white man rather than a police officer, "One of the casualties in the Riot. The man was struck over the eyes with a stick. The policeman holds him until an ambulance arrives. But the victim was only one of many white persons injured in the mad Harlem riot."
According to the record of medical attendances, Roge remained on duty after being attended by the doctor, but other sources reported that his injury required two stitches, which involved Roge being taken to Harlem Hospital. The Probation Department report recorded that Roge was on sick leave for ten days after his injury, making it more likely his injury required him to leave the scene for treatment.
Hughes was tried and 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, against which Hughes offered his denial and a series of character witnesses. In response, the prosecutor argued that Hughes “saw plenty of trouble – went right into it.” At the sentencing hearing, the judge 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.
As with other assaults, the press coverage of this case was fragmented. Roge appeared on the lists of those injured published by white newspapers the New York American (on both March 20 & 21), New York Evening Journal, Home News, Daily News, New York Herald Tribune, and New York Post, and in stories in the Daily Mirror. Hughes appeared in lists of those arrested published in the Black newspapers the Atlanta World, Afro-American, and Norfolk Journal and Guide, and the white New York Evening Journal. The two were linked in only three stories, in the New York Times, Home News, and Daily Worker. Even when Hughes was tried, producing additional coverage, only two of the five stories mentioned Roge. But that legal process did generate case files in both the DA’s office and the Probation Department, which provided details that are available for only a handful of the events of the disorder.