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"Five Indicted as Result of Harlem Riots," Brooklyn Daily Eagle, March 21, 1935, 1.
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Members of the MCCH (13)
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Most newspapers reported in the same edition both the statement that Mayor La Guardia released on the morning of March 20 and had distributed in Harlem and his afternoon announcement of whom he had appointed to the Commission. Only the appointment of eleven committee members was reported in the Daily News, New York Evening Journal, and Brooklyn Daily Eagle, while their names were included in the Home News, New York World-Telegram, and Atlanta World. The New York Age published the names of only the six Black members, while the Afro-American only identified the office holders, Roberts, Villard, and Carter, and Hays. The names and the occupations provided in the mayor’s press statement were published in the Daily Mirror, New York American, New York Times, Daily Worker, and the New York Amsterdam News. The New York Post and the Norfolk Journal and Guide combined that occupational information with information on the political affiliations of each member. The New York Herald Tribune and New York Sun published more extended biographies of all eleven members.
La Guardia announced the members had been selected “because of their distinct contributions in their several fields,” according to a story in the New York Sun. He would later say that the appointments had been made "by advice,” according to the New York Age. There was no direct evidence of who offered La Guardia that advice. That it had not come from the leaders of Harlem’s social organizations was clear from the pointed request that James Hubert, the executive director of the Urban League, made to the mayor in a letter on March 26, “that in the future you will avail yourself of such assistance as is very easily obtained in Harlem and other Negro sections of the City to the end that whatever is undertaken may be accomplished as I know you desire the work to be done.” Instead, La Guardia appeared to have relied on those with whom he had political ties. Hubert Delany was likely one source of advice. La Guardia, who had appointed him tax commissioner, treated him “as an unofficial ombudsman for the black community” according to historian Thomas Kessner. (Delany was a member of the NAACP). The NAACP did send La Guardia a list of names on March 20 that included three of those appointed — Hays, Ernst, and Carter — but there is no evidence to confirm that the Mayor received that list before announcing the Commission members. Historian Stephen Carter argued that Eunice Hunton Carter may have been appointed in recognition of her willingness to run for a state assembly seat for La Guardia’s Republican-Fusion party the previous year. He noted that the party machine “had a tradition of finding places for candidates willing to run in tough cases against incumbents.” An Associated Negro Press story published in the Norfolk Journal and Guide attributed Carter’s subsequent appointment to Thomas Dewey’s team of special prosecutors going after the Mob to that obligation.
La Guardia subsequently added two additional members, a Black clergyman and a white clergyman. Only the New York Amsterdam News reported those appointments, suggesting that the mayor's office did not announce them in press statements. The appointment of Rev. John W. Robinson, the retired pastor of St. Mark's, the city's largest AME church, was foreshadowed in newspaper stories about the mayor's visit to the Interdenominational Preachers Meeting of Greater New York and Vicinity on March 25. Robinson led that group. After their complainants about La Guardia's failure to appoint a minister, the mayor indicated he would consider appointing a nominee of the meeting. Stories in the Home News, New York Times, and New York World-Telegram and in the New York Amsterdam News and New York Age reported that the meeting chose Robinson. Evidence of an indirect political connection that may have made La Guardia receptive to that suggestion appeared in a New York Amsterdam News story on the couple's wedding: Robinson’s second wife, pharmacist Dr. Julia Coleman, was active in the Republican Party in Harlem.
That La Guardia told the Interdenominational Preachers Meeting that he would also appoint a second clergyman “chosen from a denomination not included in the Alliance” was reported only in the New York Age. It took until April 4, almost a week after Robinson's appointment, for the mayor to finalize that choice: Father McCann of St. Charles Borromeo Catholic Church on West 141st Street. The New York Amsterdam News made McCann's appointment the headline of the story it published on April 6 about the MCCH hearing. McCann had appeared in earlier newspaper stories as a result of a pastoral letter he made public on March 23 blaming Communists for the disorder and calling for a movement to keep them out of Harlem. The priest's anti-communism offered La Guardia a way to address those who had criticized those he had appointed as all liberals. However, La Guardia had clearly also decided the second clergyman on the committee should be Catholic as he had sought the advice of Edmund B. Butler, a prominent Catholic lawyer who was secretary of the city’s Emergency Relief Bureau, about whom to appoint immediately after he met with the Black ministers. Butler wrote to him the next day, to give him McCann’s name, which he had been unable to think of at that time: “He has always been very much interested in Negroes and volunteered for the work….I think that the appointment of him would be excellent.” A note on the letter recorded, “Father McCann is white,” likely another criteria for his selection given that the committee had two more Black members than white members after Robinson’s appointment. Several days later, on April 1, Butler spoke to La Guardia about McCann, after which he told the clergyman that La Guardia was going to appoint him. On April 4, La Guardia wrote to notify Roberts that he had appointed Father McCann. Even after the Communist Party wrote to both the MCCH and the Mayor to complain about McCann's appointment on April 25, the Daily Worker did not report it.
In the historical literature, only Lindsey Lupo identified all thirteen the members of the MCCH, in a chart that described their occupations in two or three words. Cheryl Greenberg named Delaney, Randolph, and, inexplicably, Cullen as examples of the "impressive range of experts" that La Guardia had appointed, also mistakenly including Frazier as a member of the commission. Naison only identified the number of "representative citizens" appointed, which he stated was eleven, neglecting the later appointments of Robinson and McCann. Johnson also mistakenly identified the MCCH as an eleven-member commission, without identifying any of the members. Kessner mentioned only Roberts, the chair, as did Watson.
Information on the attendance of the MCCH members at their meetings and public hearings was collated by their staff. The MCCH included its own appraisal of each members contribution to its work in the foreword of the version of its report it submitted to Mayor La Guardia. Who signed, and thereby endorsed the report of the subcommittee on crime and the MCCH's final report, was documented in the MCCH records.Black members:
Eunice Hunton Carter
- Press statement: “social worker and lawyer"
- New York Herald Tribune: "Lawyer and social worker, holds degrees from Smith College and Columbia and Fordham Universities, Republican-Fusion candidate for Assembly from 19th Manhattan District in 1934"
- New York Post: “lawyer and social worker and Fusion political leader”
- Foreword to the MCCH report: "a social worker, lawyer and leader in every important progressive movement in the community, who knows Harlem in its gladness and sorrow"
- Meeting Attendance: 17
- Subcommittee on Crime Hearing Attendance: 4 (missed May 18)
- Reports signed: Subcommittee on crime; MCCH report
Countee Cullen
- Press statement: "author"
- New York Herald Tribune: "poet, graduate of New York University; contributor to magazines and newspapers and winner of several poetry awards"
- New York Post: “the poet”
- Foreword to the MCCH report: "a young Negro pedagogue and poet, brought to the commission the point of view of the youth"
- Meeting Attendance: 11
- Subcommittee on Crime Hearing Attendance: 4 (missed May 18)
- Reports signed: Subcommittee on crime; MCCH report
Hubert T. Delany
- Press statement: "Tax Commissioner of the City of New York"
- New York Herald Tribune: "Negro, lawyer, graduate of the College of the City of New York and New York University Law School, Assistant United States Attorney under former United States Attorney Charles H. Tuttle, Republican candidate for House of Representatives from 21st Manhattan District in 1920. Commissioner of Board of Taxes and Assessments by appointment of Mayor LaGuardia in February 1934."
- New York Post: “lawyer and Republican leader"
- Foreword to the MCCH report: "Commissioner of Taxes and Assessments of the City of New York, was well-qualified to anlayze the employment situation in Harlem. Mr Delany, a lawyer and former public official, was well-equipped to analyze the problem of unemployment with as little intellectual bias as anyone in the community."
- Meeting Attendance: 12
- Subcommittee on Crime Hearing Attendance: 3 (missed May 4, May 18)
- Reports signed: Subcommittee on crime; MCCH report
A. Philip Randolph
- Press statement: "Natl. President, Brotherhood of Sleeping Car Porters"
- New York Herald Tribune: "general organizer and president of National Brotherhood of Sleeping Car Porters, attended College of City of New York, founder of a magazine, 'The Messenger'"
- New York Post: “president of the National Brotherhood of Sleeping Car Porters”
- Foreword to the MCCH report: "a great leader in the labor movement displayed his keen sense of understanding as President of the International Brotherhood of Sleeping Car Porters. Mr Randolph brought to the Commission a greater understanding of labor problems as they affect the Negroes than any other man that could be found in the community. Harlem respects and admires A. Philip Randolph."
- Meeting Attendance: 7
- Subcommittee on Crime Hearing Attendance: 5
- Reports signed: MCCH report (not in New York when the Subcommittee report was submitted)
Charles Roberts
- Press statement: "dentist"
- New York Herald Tribune: "Negro, dentist, graduate of Lincoln University, Republican candidate for House of Representatives from 21st District in 1924, member of Board of Aldermen, 1931-1933"
- New York Post: “dentist, Republican leader and former Alderman”
- Foreword to the MCCH report: "selected for the reason that he has lived in the community of Harlem for over a quarter of a century. His life has been devoted to the development of the social, economic and cultural advancement of the community, both as a former public official and as a professional man. His unquestioned interest and knowledge of the community needs make him an outstanding representative of Harlem."
- Meeting Attendance: 20
- Subcommittee on Crime Hearing Attendance: 5
- Reports signed: Subcommittee on crime; MCCH report
Rev. John Robinson
- No press statement or newspaper stories about his appointment
- Foreword to the MCCH report: "a representative of the Interdenominational Ministers Alliance, symbolizes the opinion of Negro clergymen of Harlem. It is useless to state the churches of Harlem exercise the most vitalizing influence that can be found in this area."
- Meeting Attendance: 13
- Subcommittee on Crime Hearing Attendance: 5
- Reports signed: Subcommittee on crime; MCCH report
Charles Toney
- Press statement: "Municipal Court"
- New York Herald Tribune: "Justice of Municipal Court; graduate of Syracuse University, Tammany Democrat"
- New York Post: "justice of the Municipal Court and Democratic political leader”
- Foreword to the MCCH report: "a Justice of the Municipal Court of the City of New York, was of great assistance in that by reason of his experience in what is known as the poor man's court, brought a legal understanding to the commission that was valuable."
- Meeting Attendance: 13
- Subcommittee on Crime Hearing Attendance: 1 (missed April 6, April 20, May 4, May 18)
- Reports signed: Subcommittee on crime; MCCH report
White members:
Morris L. Ernst
- Press statement: "lawyer;" “writer and publisher” in the Daily Mirror and New York American
- New York Herald Tribune: "lawyer, graduate of Columbia University, member of American Civil Liberties Union, counsel in many liberal causes, represented Mrs. Margaret Sanger, birth-control advocate; mediator in recent taxicab strike by appointment of Mayor LaGuardia"
- New York Post: "of the Civil Liberties Union,” and grouped with Hays
- Foreword to the MCCH report: "an eminent attorney, did yeoman service relative to the housing situation"
- Meeting Attendance: 6
- Subcommittee on Crime Hearing Attendance: 2 (missed April 20, May 4, May 18)
- Reports signed: Subcommittee on crime
John J. Grimley
- Press statement: "doctor"
- New York Herald Tribune: "physician, lieutenant-colonel of 369th Infantry, National Guard of New York, crack Negro regiment"
- New York Post: “lieutenant-colonel of the Negro 369th Infantry, National Guard”
- Foreword to the MCCH report: "brought to the Commission intimate contact with the manhood of Harlem through his experience as commanding officer of the 369th Infantry. Col. Grimley also rendered technical advice relative to the problem of health, having spent years as superintendent and director of various hospitals."
- Meeting Attendance: 5
- Subcommittee on Crime Hearing Attendance: 4 (recorded as missing May 18, but was referred to as present in transcript)
- Reports signed: Subcommittee on crime
Arthur Garfield Hays
- Press statement: "lawyer"
- New York Herald Tribune: "Lawyer, graduate of Columbia University, counsel to American Civil Liberties Union, appeared as defense counsel in many cases involving civil liberties - coal strike in Pennsylvania, 1922; Scopes evolution trial in Tennessee, 1925; Countess Cathcart immigration case; Sacco-Vanzetti case in 1927, and most recently in defense of John Strachey, English lecturer threatened with deportation"
- New York Post: “of the Civil Liberties Union,” and grouped with Ernst
- Foreword to the MCCH report: "a champion of civil liberties, conducted with astuteness and patience the public hearings concerning the police and their treatment of Harlem. The information so adduced was of invaluable worth to the study."
- Meeting Attendance: 12
- Subcommittee on Crime Hearing Attendance: 5 (chair)
- Reports signed: Subcommittee on crime; MCCH report
Father McCann
- No press statement or newspaper stories about his appointment
- Foreword to the MCCH report: "represented the Catholic opinion of the community"
- Meeting Attendance: 5
- Subcommittee on Crime Hearing Attendance: 3 (missed March 30 [not appointed at that time], May 18)
- Reports signed: Neither
William J. Schieffelin
- Press statement: "Trustee of the Tuskegee Institute”
- New York Herald Tribune: "Chemist, graduate of Columbia School of Mines and University of Munich, chairman of Citizens Union, trustee of Hampton Institute and Tuskegee Institute, schools for the education of Negroes"
- New York Post: “chairman of the Citizen's Union and of Tuskegee Institute, the Negro university”
- Foreword to the MCCH report: "a trustee of Tuskegee Institute, a contributor and benefactor of the Negro race, a director of the Citizen's Union, and an exponent of social justice, contributed calm understanding of the perplexing problems that this committee dealt with."
- Meeting Attendance: 9
- Subcommittee on Crime Hearing Attendance: 3 (missed May 4, May 18)
- Reports signed: MCCH report (not in New York when the subcommittee report was submitted)
Oswald Garrison Villard
- Press statement: "publisher"
- New York Herald Tribune: "owner of 'The Nation'; graduate of Harvard University, liberal crusader, grandson of William Lloyd Garrison, founder of 'The Liberator,' and apostle of abolition of slavery"
- New York Post: “editor of the Nation”
- Foreword to the MCCH report: "former editor and owner of a metropolitan daily, former professor at Harvard University and contributing editor to the Nation, a member of the NAACP, writer and lecturer, a keen student of American social problem, not excepting the oftern referred to Negro problem, brought a wealth of understanding and experience. It has been said of Mr Villard that his merciless scrutiny and analysis make him one of the foremost social philosophers of America."
- Meeting Attendance: 12
- Subcommittee on Crime Hearing Attendance: 5
- Reports signed: Subcommittee on crime; MCCH report
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Leaflets distributed
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The Young Liberators printed a one-page mimeographed leaflet in the early evening of March 19. Just where they distributed the leaflet was uncertain. "Some white youngsters were passing out handbills" when a reporter for the Afro-American arrived at 125th Street and 7th Avenue at 7:14 PM. Louise Thompson saw people with the leaflet on that corner just after 8:00 PM, suggesting a focus on 125th Street. “They were hurriedly passed put among the throngs of Negro idlers up and down teeming 125th Street,” according to the sensationalized story in Time magazine. The New York American claimed, “These papers received wide circulation throughout Harlem.” The leaflet was also pasted on building walls, according to the New York Evening Journal. Reading its text incited the crowds that had gathered on 125th Street, the police and District Attorney William Dodge claimed, making the Young Liberators, who they considered Communists, responsible for the disorder. The MCCH did not agree. Based on testimony from Louise Thompson that the leaflet did not appear on 125th Street until sometime between 7:30 PM and 8:00 PM, the MCCH's final report concluded that the Young Liberators “were not responsible for the disorder and attacks on property which were already in full swing.” By 7:30 PM, “Already a tabloid in screaming headlines was telling the city that a riot was going on in Harlem,” the MCCH report also noted. Louise Thompson identified that newspaper as the Daily Mirror. Later on March 19, the Communist Party distributed a leaflet, after the Young Liberators approached them, concerned about the growing disorder, according to James Ford’s testimony in a MCCH public hearing. He said that leaflet was “written and distributed” about “9 or 10 o’clock.” Leaflets were still in circulation on Harlem’s streets around 2:00 AM. Sgt. Samuel Battle told a public hearing of the MCCH he came into possession of two or three at that time, without specifying which of the two leaflets.
Both leaflets identified Kress store staff as responsible for the violence against Rivera with only passing mention of police. That narrative focused protests on the store, and white businesses, Bosses, more generally, rather than police, or the white population. In terms of that framework, attacks on Kress’ store, and on other white businesses later in the disorder, appeared not straightforwardly as attacks on property and economic power, but also as retaliation against violence by those who owned and worked in those businesses
A mimeographed page, the Young Liberators’ leaflet combined handwritten and typewritten text. At the top, the handwritten text read, “Child Brutally Beaten. Woman attacked by Boss and Cops = Child near DEATH.” The remaining typewritten text read:ONE HOUR AGO A TWELVE-YEAR-OLD NEGRO BOY WAS BRUTALLY BEATEN BY THE MANAGEMENT OF KRESS FIVE-AND-TEN-CENT STORE.
THE BOY IS NEAR DEATH
HE WAS MERCILESSLY BEATEN BECAUSE THEY THOUGHT HE HAD ‘STOLEN’ A FIVE CENT KNIFE.
A NEGRO WOMAN WHO SPRANG TO THE DEFENSE OF THE BOY HAD HER ARMS BROKEN BY THESE THUGS AND WAS THEN ARRESTED.
WORKERS, NEGROES AND WHITE, PROTEST AGAINST THIS LYNCH ATTACK ON INNOCENT NEGRO PEOPLE. DEMAND THE RELEASE OF THE BOY AND WOMAN.
DEMAND THE IMMEDIATE ARREST OF THE MANAGER RESPONSIBLE FOR THIS LYNCH ATTACK.
DON'T BUY AT KRESS'S. STOP POLICE BRUTALITY IN NEGRO HARLEM.
JOIN THE PICKET LINE
ISSUED BY YOUNG LIBERATORS.
Predictably, the anti-Communist Hearst newspaper the New York Evening Journal gave the greatest space to the leaflet, publishing both the full text of the Young Liberators' leaflet and photographs of it (and the Communist Party leaflet and two placards carried by pickets, under the headline "Insidious Propaganda That Started Harlem Riot," and a front-page photograph of the men arrested protesting in front of Kress’ store). A portion of the Young Liberators' leaflet appeared in a combination of Associated Press photographs published in several newspapers. In addition to the New York Evening Journal, the Home News, New York World-Telegram, and the New Republic published the text of the leaflet. The New York Herald Tribune quoted only about half of the leaflet, stopping after the first use of “lynch attack.” None of those published versions of the circular included the final line, “JOIN THE PICKET.” That line did appear in the version published by the Norfolk Journal and Guide, the only Black publication in which the leaflets were reproduced. That line was in the photograph published in the New York Evening Journal, in the version of the leaflet in the MCCH’s final report, and was raised by Hays in the public hearing of the MCCH (James Taylor, the leader of the Young LIberators answered that he did not know to what it referred). The text published in the Home News omitted the line DON'T BUY AT KRESS'S. STOP POLICE BRUTALITY IN NEGRO HARLEM and substituted instead “Demand the hiring of Negro workers in Harlem department stores. Boycott the store." That phrase transposed the call not to buy in the store into the terms of boycott of the campaigns of the previous year to effectively treat the tactic as having a single goal. The New York Post quoted only the handwritten headline of the leaflet, the characterization of the incident as “this lynch attack,” and the call for protest. Time quoted only the headline, and the Afro-American only the first two phrases from the headline and omitted “boss” so that the charge of violence was only against police. Quotations in the New York Sun were garbled versions of the actual leaflet text and included words and phrases that appeared but in the wrong form: "A Child Brutally Beaten." "A Twelve-Year-Old Child Was Brutally Beaten for Stealing a Knife from a Five and Ten Cent Store." "Workers Protest Against This Lynch Attack." The Daily News misreported the leaflet as making the more provocative charge that the boy had been beaten to death. Initial stories about the disorder published by the New York Times and New York American did not mention the leaflet but added them to their narrative the next day, March 21.
The Communist Party leaflet, also a mimeographed page, similarly began with handwritten text that read, “FOR UNITY OF NEGRO AND WHITE WORKERS! DON'T LET THE BOSSES START RACE RIOTS IN HARLEM!”. The typewritten portion went on:The brutal beating of the 12-year-old boy, Riviera, by Kress's special guard, for taking a piece of candy, again proves the increasing terror against the Negro people of Harlem. Bosses, who deny the most immediate necessities from workers' children, who throw workers out of employment, who pay not even enough to live on, are protecting their so-called property rights by brutal beatings, as in the case of the boy Riviera. They shoot both Negro and white workers in strikes all over the country. They lynch Negro people in the South on framed-up charges.
The bosses and police are trying to bring the lynch spirit right here to Harlem. The bosses would welcome nothing more than a fight between the white and Negro workers of our community, so that they may be able to continue to rule over both the Negro and white workers.
Our answer to the brutal beating of this boy, by one of the flunkies of Mr. Kress, must be an organized and determined resistance against the brutal attacks of the bosses and the police.
WORKERS, NEGRO AND WHITE: DEMAND THE IMMEDIATE DISMISSAL AND ARREST AND PROSECUTION OF THE SPECIAL GUARD AND THE MANAGER OF THE STORE.
DEMAND THE RELEASE OF THE NEGRO AND WHITE WORKERS ARRESTED.
DEMAND THE HIRING OF NEGRO WORKERS IN ALL DEPARTMENT STORES IN HARLEM
DON'T LET BOSSES START ANY RACE RIOTS IN HARLEM.
DON'T TRADE IN KRESSES.
Issued by
Communist Party
Young Communist League
The Daily Worker published the Communist Party leaflet text, while not publishing the Young Liberators' leaflet, perhaps because the public position of the Young Liberators was that the organization was not affiliated with the Communist Party. The handwritten headline of that leaflet appeared at the end of the story in the New York World-Telegram, after the full text of the Young Liberators' leaflet: “In another manifesto, signed by the Communist party and the Young Peoples’ League, a plea was made “for unity of Negro and white workers—don’t let the bosses start race riots in Harlem!” While the New York Evening Journal published a photograph of the leaflet, no other white newspapers reproduced the text, nor did it appear in the MCCH final report. The Norfolk Journal and Guide was the only Black publication in which the leaflet text was published.
Initial newspaper stories reported that police said that the leaflets were responsible for moving the crowds on 125th Street to violence. The sensationalized version of that story employed metaphors of fire that placed the leaflets at the start of the disorder: leaflets were the “match which ignited Harlem and pitted its teeming thousands against the police and white spectators and shopkeepers” in the Daily News, “inflammatory handbills, the spark that fired the tinder” in Newsweek, and "inflame the populace" in a New York Age editorial; and in the New York Sun and Daily Mirror leaflets fanned the crowd’s fury. The New York Evening Journal opted for a more racist image evoking slavery, in which the leaflet was “largely responsible for whipping the Negroes to a frenzy.” The New York Age columnist the "Flying Cavalier" described the leaflets as as an example of the Communist "technique in the making up of their messages which would incite a lamb to jump on a tiger—if the lamb didn’t think first." Other newspapers framed the leaflets in terms of rumors: as having started the rumor in the New York Herald Tribune, as “the chief agency which spread the rumor" in the Home News; and as having “helped spread resentment” in the New York Post. (The New York World-Telegram described the leaflet without giving it a specific role; the “tinder for the destructive conflict” was the rumor that a boy had been beaten and killed, “assiduously spread by Communists.”) Writing in the New Republic, white journalist Hamilton Basso devoted two paragraphs to weighing the role the leaflet played in the disorder. He concluded that it “helped to rouse the crowds to violence,” but rejected the idea that the leaflet’s purpose “was deliberately to provoke a race riot” as requiring belief in “the stupid Red Scare of the Hearst press.”
The only direct evidence of when the Young Liberators' leaflet was distributed came from Louise Thompson. She told a public hearing of the MCCH that the leaflets were not in circulation when she left 125th Street around 7:30 PM. It was when Thompson returned around 8:00 PM that she “first saw the leaflet” in the hands of several people, but not anyone handing them out. Thompson was not a disinterested witness; as a member of the Communist Party, she would not have wanted to see them held responsible for the disorder. L. F. Cole, who like Thompson had been inside Kress’ store after Rivera was grabbed but was not a Communist, told the MCCH he saw pamphlets in the crowd around 8:00 PM (the number is smudged in the transcript so that time was uncertain). Inspector Di Martini’s report supported that timeline, locating the appearance of “a number of pamphlets under the heading of the YL and YCP” after the crowd that gathered the rear of Kress’ store around 7:00 PM had been dispersed. Presumably that timing was based on the statements of officers on 125th Street — but not Patrolman Moran, who told the MCCH he was on duty in front of Kress’ store from 6:00 PM throughout the night and did not see leaflets passed out. Copies of the leaflets were attached to the report. They may have been the copies that Lieutenant Battle told the MCCH public hearing that he had gathered near the end of the disorder, around 2:00 AM.
Newspaper stories presented a different timeline that had the leaflet appear earlier, around 6:00 PM, for which there was no direct evidence. The New York Evening Journal and Home News, the New York Post the next day, and the New Republic, reported that the Young Liberators' leaflet appeared about an hour after Kress’ staff grabbed Rivera, which would have been around 3:30 PM. When District Attorney William Dodge spoke to reporters on March 20, the Daily News, New York World-Telegram, and New York American reported him as saying that the leaflets appeared within two hours of the incident in the store. No one at the scene described that timeline. It was likely based on the text of the leaflet, which read “One hour ago a twelve-year-old boy was brutally beaten by the management of Kress five-and-ten-cent store.” At that time, however, the Young Liberators were unaware of what had happened in the store. It was not until around 5:00 PM, as police were clearing people from Kress’ store, that a Black man brought news to the offices of the Young Liberators, James Taylor testified. Taylor, the leader of the Young Liberators, was asked about the timing referred to in the leaflet; he replied that he did not know whether that was correct. The New York Times story reporting Dodge’s comments had the “first of the Communist handbills” appear at 6:00 PM. That timeline was at least plausible; it would have been around an hour after the Young Liberators learned of an incident in Kress’ store. It was not, however, a timeframe that fitted with Di Martini’s report. The Daily News had the Young Liberators distributing the leaflets as they picketed Kress’ store at a time not specified in the story. However, that detail was part of the truncated timeline police provided that had all five alleged Communists that they arrested arriving at Kress’ store at the same time rather than separately over a period of forty-five minutes starting around 6:00 PM as testimony from those at the scene indicated. The pickets were the final protesters to arrive at Kress’ store at around 6:45 PM. Thompson saw them so would have seen leaflets had they been distributed at that time.
William Ford’s testimony in a MCCH public hearing was the only evidence related to the origins and timing of the Communist Party pamphlet. The leaflet appeared after members of the Young Liberators visited Ford about an hour after distributing their leaflet, he testified. They “were very much disturbed” that “these leaflets had not been able to allay mass resentment in Harlem,” and instead “a rumor had got around that a race riot had started in Harlem.” The Communist Party immediately produced a leaflet intended “to stop race rioting,” Ford testified, and he went to Harlem around 8:00 PM. The leaflet arrived an hour or two later, about “9 or 10 o’clock.” The MCCH report stated that that Communist Party leaflet was issued “about the same time” as the Young Liberators’ leaflet. None of the newspapers mentioned the time that the leaflet was distributed.
District Attorney William Dodge and Police Commissioner Valentine both amplified the police narrative when they spoke to reporters on March 20 after Dodge's appearance before the grand jury to seek indictments against alleged participants in the disorder. Valentine summarized Di Martini’s “departmental report on the cause of the rioting” as detailing “that a Negro youth had been caught stealing, that a woman had screamed, that the 'Young Liberators' had met, that they had thereafter disseminated 'untruthful deceptive and inflammatory literature' and that all these events had been climaxed by the appearance of a hearse in the vicinity,” the New York Sun reported, a chronology also reported in the New York American, New York World-Telegram, Times Union, and Brooklyn Daily Eagle. (The hearse was not the final element in Di Martini’s report; it was mentioned before the Young Liberators). Two days later, Dodge showed the grand jury a typewriter and mimeograph machine. The fruits of police raids on the offices of several organizations affiliated with the Communist Party, the machines were used to produce the Young Liberators’ leaflet, he told the grand jury, according to stories in New York Herald Tribune, New York Post, New York American, Daily News, and New York Times. (The mimeograph machine was taken from the Nurses and Hospital Workers League, the organization which employed one of the men arrested for trying to speak in front of Kress’ store, Daniel Miller, the New York Post and New York American reported.) According to the Daily News, after the grand jury examined that material, “Dodge said arrests might be expected momentarily.” There were no reports of any arrests related to the leaflets.
Mayor La Guardia did not echo the district attorney and police commissioner in directly blaming Communists for the disorder. While his statement distributed and displayed in Harlem the evening after the disorder followed the same police narrative, and mentioned the leaflets, it did not present them as triggering the disorder. Instead, he used them to characterize those responsible: “The maliciousness and viciousness of the instigators are betrayed by the false statements contained in mimeographed handbills and placards.” That statement indirectly implicated the Young Liberators and Communist Party, who had signed the leaflets. However, the circular presented the disorder as “instigated and artificially stimulated by a few irresponsible individuals” who went unnamed. Questioned by journalists, La Guardia "would not say whether he agreed with the police that the instigators were Communists," the New York Herald Tribune reported.
Newspaper stories about the MCCH public hearing treated the testimony regarding the time at which the leaflets appeared in a variety of ways. The New York Herald Tribune and an editorial in the New York Amsterdam News highlighted how that testimony undermined what police said in the aftermath of the disorder. “Reds' Handbills Are Cleared As 'Chief Cause' of Harlem Riot” was the headline of the New York Herald Tribune story, which reported that “The committee learned that the circulars did not appear on the streets until 8:30 PM, fully two hours after the worst of the rioting was over. Therefore, the committee was asked by Communist lawyers to conclude that the literature could not have been a cause of much loss of property or life.” The New York Amsterdam News editorial, “The Road is Clear,” described the testimony that “The much-publicized Young Liberator pamphlets, carrying the false reports, did not appear on the streets until two hours after the worst rioting was over” as “one important fact” established by the MCCH. “With the red herring out of the way,” the editorial went on, “the investigating body can set out to probe the basic factors which really precipitated the riots - the discrimination, exploitation and oppression of 204,000 American citizens in the most liberal city in America. The New York Age, Home News and New York Times reported the testimony on when the leaflets appeared without addressing the implications of that evidence for the police narrative of the disorder. The New York American and Daily News mentioned other aspects of Taylor’s testimony about the leaflet but not when it was distributed, with the Daily News continuing to describe the leaflet as having "brought the riot into being." No mention of testimony about the leaflet appeared in stories about the hearing in the New York World-Telegram, Times Union, New York Post, and New York Evening Journal. In other words, the anti-Communist Hearst newspapers that had given the most attention to the leaflets did not respond to the testimony at odds with their narrative.