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Edward Loper arrested
Newspaper stories contained few details of the shooting, even as they employed a range of dramatic and emotive language. For example, the New York World Telegram and Times Union reported a “nest” of snipers “trying to pick off” a "lone policeman." Stories in the New York World Telegram and Brooklyn Daily Eagle did offer the name of the officer allegedly targeted by Alston and his companions, Patrolman Jerry Brennan of the Morrisiana station, and the same dramatic account that a bullet whistled past his ear as he stood on post at Lenox Ave and 138th Street. Taking cover, he saw the men on the roof of the five-story building at 101 West 138th Street. Soon after, police reinforcements arrived and rushed to the roof to arrest the men. One other story, in the Home News, identified Brennan, but cast him not as the target of the shooters but as one of the police who responded. In a radio car assigned to the area with his partner Patrolman McGrady, Brennan “heard the shots and sped to the scene. At the radio car's approach the four snipers [standing in the doorway] ran to the roof of the building.” This story provides the key detail that no guns were found on Alston and his companions.
On March 20 Loper, Yerber, and Johnson were charged with disorderly conduct, according to the Washington Heights Magistrates Court docket book, which identified Brennan as the arresting officer for all three men. (Alston did not appear in court, likely because of his injury.) The clerk annotated that charge with the word "annoy." Under that section of the statute, a person is guilty if they act "in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others." A separate clause punishes disorderly or threatening conduct or behavior, so based on that annotation, the men were not charged with attacking Brennan. That charge fits better with the circumstances described in the Home News. Whatever the patrolman alleged, Magistrate Ford did not find sufficient evidence of the men's guilt and acquitted Loper and his two companions. Given that outcome, it is possible Brennan mistook some other noise for gunfire. Without any evidence of an assault in the sources, these events are treated here only as arrests.
Loper, and Yerber and Johnson, are among those charged with disorderly conduct in the list of the arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide.They are not mentioned in stories about the proceedings in the Washington Heights Magistrates Court on March 20 in the New York Age and New York Herald Tribune, which listed only those convicted.
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- "5 Dying and Scores Wounded as Race Riots in Harlem Subside," Home News, March 20, 1935 [clipping].
- New York Penal Law, § 722-724: Disorderly Conduct
- Washington Heights Magistrates Court docket book
- "Snipers Fire on Police from Harlem Rooftop," Brooklyn Daily Eagle, March 20, 1935, 1, 2.
- "Mobs Rove Harlem After Riot; 1 Dead, 100 Hurt in Harlem Riot; Snipers Routed, Mobs Rove Area," New York World-Telegram, March 20, 1935, 1.
- "Riot Deaths Mounting Daily as Fourth Victim Succumbs. Extra Police Still on Duty; Many Sentenced to Workhouse Terms," New York Age, March 30, 1935, 1.
- "21 of 96 Held in Harlem 'War' on Home Relief," New York Herald Tribune, March 21, 1935, 2.
- "Snipers Routed, Looter is Slain in Harlem Riot," Times Union, March 20, 1935, 1, 4.