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Harlem in Disorder: A Spatial History of How Racial Violence Changed in 1935

Frank Wells arrested

Around 8:50 PM, Officer Henry Eppler of the 48th Precinct arrested Frank Wells, a twenty-six-year-old Black man, for allegedly "hurling an automobile hub through a cafeteria window on 125th Street," according to a story in the New York Herald Tribune. Eppler was stationed in front of 207 West 125th Street, he testified in a public hearing of the MCCH; that was the address of the Willow Cafeteria, which appeared in several newspaper lists of damaged businesses. Eppler had arrived on Emergency Truck #5 about 7:15 PM and initially was stationed on 124th Street between 7th and 8th Avenues, at the rear of Kress' store. By that time, the crowds that broke the store's rear windows were gone and he testified that the street was quiet, so the truck drove on to West 125th Street. At that time, police were establishing a cordon around Kress' store; around the time Eppler arrested Wells, a crowd reportedly broke through that cordon on to this block of 125th Street. Wells lived near 125th Street at 155 West 123rd Street, near the corner of 7th Avenue, so could have been drawn to the noise and crowds around Kress' store early in the disorder, when store windows on 125th Street were broken.



A New York Herald Tribune story reported Wells was "locked up at West 123rd Street station," the charge against him "to depend on value of the window." That determination was necessary as malicious mischief, the offense involving damage to property that was the charge most often made against those alleged to have broken windows, was a felony if the damage was more than $25. Only the Daily News list of those arrested reported that charge against Wells. The charge was inciting a riot in the list published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, assault in the list published in the New York Evening Journal, and disorderly conduct in the list published in the New York American. Wells did not appear in the 28th Precinct police blotter, perhaps because of how early in the disorder he was arrested. On March 20, when Wells appeared in the Harlem Magistrates Court, one of the last arraigned after being one of the first arrested, the charge recorded in the docket book was disorderly conduct. He appears to have been one of a small number of those arrested to be represented by a lawyer: "Ed Kuntz, 100 5th Ave." was the attorney recorded in the docket book. Edward Kuntz, a lawyer with the International Labor Defense, also represented Daniel Miller, Sam Jamison, Murray Samuels, and Claudio Viabolo, the men arrested for picketing in front of Kress' store immediately before the disorder began, in the Court of Special Sessions, and questioned witnesses in hearings of the MCCH commission. That representation indicated that Wells was associated with the Communist Party. So too did the involvement of another ILD lawyer, Isidore Englander, who once he heard he had been arrested, sought him out at the Magistrates court.

The ILD lawyers representing Wells alleged that he had been beaten by police during his arrest. He appeared in a list of possible witnesses that the Communist Party gave to Arthur Garfield Hays of the MCCH, with the annotation "police brutality." 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 lawyers affiliated with the Communist Party, he 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. When Englander found Wells at the Harlem Magistrates Court, "his head was bandaged, his shirt was red with blood, he could not stand on his feet," he testified in a public hearing of the MCCH. At an earlier hearing, Kuntz had tried to ask Patrolman Eppler about the claim that police had beaten Wells "on the streets," but had been prevented by the district attorney's instruction that police officers testifying in the hearings could not reveal any evidence they would give in a pending case.

Investigating the case against Wells took an unusually long time. He returned to court on March 26, at which time his bail was set at $500. A note on the docket book appears to indicate that someone put up that bail, likely a Communist Party organization. Wells returned to court a further five times, according to the docket book, on April 9, 12, 17, 18, and finally on April 20, when he was convicted and sentenced to thirty days in the Workhouse.

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