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

"Guilty of Using Slug in Tube," New York Post, March 27, 1935, 4.

In the New York Post

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Thomas Jackson arrested Around 1:45 AM, Patrolmen Kalsky and Holland of the 28th Precinct saw a group of people around Jack Garmise's cigar store at 1916 7th Avenue, and then a milk can thrown through the plate glass windows. In the Magistrate Court affidavit, Kalsky alleged that he saw Thomas Jackson, a thirty-four-year-old Black man, throw the milk can. Jackson denied throwing anything at the store, or being part of an attack on it, when questioned by a probation officer. Instead, he claimed he was drunk and had been walking along West 116th Street on his way to visit a prizefighter named Leo Williams to collect money he was owed when he had become caught in a crowd moving toward the store. Someone in the crowd then pushed him through the smashed window. Throwing such a large object would have been more difficult for Jackson than most in the crowd; after an accident in 1930, his left arm had been amputated above the elbow. Kalsky claimed Jackson was sober. He also alleged he saw him reach his hand through the smashed window and take merchandise from the display. He later told a probation officer that as he approached, Jackson threw “some of the merchandise” back in the window. That phrasing suggests Jackson may not have had any merchandise on him when Kalsky arrested him, as does the district attorney's decision to offer to let him plead guilty to unlawful entry, rather than petit larceny, as others arrested for looting who made plea bargains did. The other officer, Holland, arrested Raymond Easley, a twenty-one-year-old Black man. He allegedly took cigars from the store window, according to a report in the Home News, wording that suggests the officers reported seeing him reaching into the window and found cigars in his possession. Holland also found a razor in Easley's possession. (Easley is not mentioned in the affidavit in the district attorney’s case file in which he and Jackson are co-defendants, nor does the file include an examination of him. The only document in the case file referring to Easley is a criminal record; he had no previous prosecutions.) Two arrests at the same incident of alleged looting was unusual during the disorder, suggesting that the officers were closer to the store than in other instances, perhaps only having to cross West 116th Street rather than 7th Avenue.

In addition to legal records, Jackson appeared in newspaper reports of different stages of the legal process, few of which offered any details. His name was listed among those arrested in the Atlanta World, Afro-American, and Norfolk Journal and Guide and in the New York Evening Journal. Only the Home News reported his arraignment in the Magistrates Court, where the magistrate sent him to the grand jury. Indicted on March 22, his appearance in the Court of General Sessions to have his bail continued four days later was reported in only the New York Sun. Jackson's reappearance a few days later to plead guilty attracted more coverage, in the Daily News, New York Herald Tribune, New York Post, New York Times, and New York Amsterdam News. The New York Times, New York Evening Journal, Daily News, and Times Union reported his sentencing to six months in the Workhouse two weeks later, information also published in the New York Amsterdam News, New York Age, and Afro-American, and recorded in the 28th Precinct police blotter.

The Probation Department investigation conducted prior to Jackson's sentencing offers information on his life before his arrest. Born in Manhasset, Long Island, Thomas Dean was five years old when his mother left his father to live with Jonah Jackson. When they married, Thomas took Jackson as his last name. At age ten, Jackson's truancy resulted in his committal to a juvenile asylum in Chauncy for two years. After his release, he returned to live with his mother and finish his schooling in Corona. Soon after leaving school at age sixteen, around 1917, Jackson moved to Manhattan. He found work first for a moving company, and then as a driver for a bottle company on West 35th Street for eight years, before switching to driving a taxi. He told a probation officer he was twice fined for speeding in 1923, and in 1928 served two days in prison for another traffic offense, offenses that did not appear in his criminal record and did not prevent his ongoing employment. During this time, from around 1920 until 1932, Jackson lived with Rose Repologo, an Italian woman, who the probation officer claimed was "an unwed mother who had been a former inmate of St Barnabas House," and who Jackson's sister described as "too good" for him. The couple lived downtown, at 414 West 36th Street, likely when Jackson worked nearby, information only in a second Probation Department investigation in 1940. He also reported being stabbed with a butcher's knife in a fight on West 36th Street in 1924, a detail in the probation officer's preliminary investigation not included in the report.

In 1930, Jackson was injured in a street car accident that required the amputation of his left arm below the elbow. Unable to find a job after the injury, Jackson, Repologo, and her son were briefly on relief in 1932, by then living at 247 West 115th Street, until the New York Railway paid him $7,800 in compensation for his injury. Sometime soon after, Repologo left Jackson. His sister told a probation officer that after receiving the compensation, Jackson "completely ignored" his family and "mistreated" Repologo, as a result of which Repologo left him for another man. The Home Relief Bureau reported Jackson told them that he had deposited $2,500 in a bank account in the name of Rose Jackson, and that she had taken the money and disappeared. Early in 1933, Jackson invested $1,200 in opening Tom's Confectionary Store in the basement of 270 West 115th Street, down the block from his residence. Setting up a small business was a strategy followed by many other residents of Black neighborhoods in the 1930s when faced with unemployment. Jackson also joined many other small business owners in taking the opportunity to participate in Harlem's largest business, numbers gambling. In August 1933, he was convicted for collecting bets on numbers, the result he told a probation officer in 1940 of having been found in his store with fourteen slips in his possession, sufficient only to result in a fine of $50. By the end of 1933, Jackson's business had failed. A probation officer reported the cause as Jackson's "neglect," recording in the preliminary investigation that Jackson claimed his "employees robbed him." The preliminary investigation also notes that the balance of Jackson's compensation payment had been spent on merchandise for the store. Jackson also said "he 'clowned' his way through life and spent most of his money having a 'big time'" in poolrooms, according to the Probation Department Investigation Report.

Soon after being forced to sell his store, Jackson moved in with his half-sister Beatrice Cooper and her family, and applied for Home Relief as part of that household. In 1934 the family lived in a series of apartments on West 118th Street, West 121st Street, and finally outside Harlem on West 99th Street. At the beginning of March 1935, Beatrice's husband John obtained a Work Relief job, and according to the Home Relief Bureau, refused to support Jackson. Jackson and his sister did not get on; a probation officer reported that he said that she was "too strict," while she described him as having "treated them with scorn." Relocating back to Harlem, Jackson moved into a furnished room in an apartment at 217 West 121st Street, and then, a day before the disorder, relocated to another at 253 West 121st Street. Unusually for the men arrested for involvement in the disorder, the report from the Psychiatric Clinic offered no explanation for Jackson's participation. Dr. Sylvan Keiser described him as a "talkative, cheerful pleasant type of person" "of Average Intelligence."

Information survives on Jackson's life in the five years after his release from the Workhouse in 1935 as a result of a subsequent conviction in 1940, which led to him again being investigated by the Probation Department, and that report being added to the file created in 1935. A few days after his release from the Workhouse, in October 1935, Jackson was assigned work as a laborer by the Works Progress Administration. That job lasted almost three years, during which time Jackson lived in a furnished room in 154 West 121st Street and then in a rooming house at 2053 7th Avenue. He had little contact with his family; his sister told a probation officer that "he has always desired to live alone without restriction." Around 1937 Jackson contracted syphilis, he claimed from a prostitute. In August 1938 Jackson lost his WPA position, according to the Probation Department report, after he returned drunk having left the project without permission and swore at his supervisors and coworkers. A few weeks later, Jackson was arrested for slashing the tire of a taxi, and sentenced to a month in the Workhouse. A year later he was back in Workhouse, for ninety days, after pleading guilty to perjury and election fraud after being paid to fill in false affidavits related to a primary election. Following his release he worked briefly as an office cleaner and later as a watchman, while receiving relief payments, except for a period when an agent discontinued payments because Jackson supplied false information about his residence. He had left the rooming house for a furnished room in 135 West 119th Street. In October 1940, Jackson was charged with rape. He and two other men allegedly abducted a twenty-nine-year-old Black woman from a bar at West 119th Street and 8th Avenue and took her to his room at 152 West 119th Street, where they assaulted and robbed her. Jackson pled guilty to third degree assault. Examined again in the Psychiatric Clinic, this time Dr. John Cassity found Jackson still an "adjusted personality," although "on a low cultural level in recent months," but also "quite an aggressive individual [who] reacts with violence upon provocation." Judge Jacob Gould Schurman sentenced Jackson to the penitentiary. He had been released by April 1943, when he registered for the draft, and was living with his sister Dorothy at 37 West 99th Street.
Hezekiah Wright arrested Around 12:30 AM, Acting Captain Conrad Rothengast of the 6th Detective Division arrested Hezekiah Wright, a thirty-six-year-old Black janitor in front of a delicatessen at 2067 7th Avenue. Rothengast claimed that shots being fired on 7th Avenue near 123rd Street drew his attention to a group of men standing in front of the delicatessen at 2067 7th Avenue, owned by Sarah Refkin and managed by Nathan Pavlowitz, according to a Probation Department investigation report. As he approached the group, he allegedly saw Wright kick and smash the store's plate glass window, reach in and take four lamps and two jars of food. Wright then saw him coming towards him, dropped those items and held his hands above his head. The detective somehow interpreted that stance as indicating that Wright was about to attack him, so struck him with his baton before arresting him.

Wright denied any involvement in the looting of the store when interviewed by a probation officer. Instead he said he was returning to his home at 155 West 123rd Street, around the corner from the delicatessen, having gone out to buy cigarettes, when he saw the crowd in front of the store. Those men ran when they saw Rothengast approaching; Wright said he stayed where he was as he was not involved in attacking the store. Others arrested in the disorder similarly claimed to have been out on errands and mistaken for participants in acts of violence. In Wright's case, it was not unusual to be on the streets late at night. He told the probation officer that he occasionally went on walks in the late evening, as the long hours of his job kept him occupied until then. The probation officer reported nothing that indicated he would have chosen to participate in looting, characterizing him instead as "a quiet, inoffensive type of individual." Dr. Walter Bromberg used a similar phrase in the report of his examination of Wright in the Court's Psychiatric Clinic, describing him as "a quiet, cooperative individual," who showed "no evidence of any emotional upset" or "of any aggressive, antisocial personality characteristics." The probation officer did report that Wright's "moral standards are lax," apparently because his "greatest outlet [was] playing the policy numbers in the hope he will 'become lucky' and 'hit the numbers.'" That very widespread activity in Harlem reflected the limited economic opportunities available to the neighborhood's residents at least as much as their morality. Missing from the Probation Department investigation report is the explanation that the probation officer wrote at the end of the Preliminary Investigation: that Wright was "A victim of mob hysteria who [?] advantages during a tense situation to enrich himself at others expense and by a criminal act." Other psychiatrists had invoked the influence of the mob in reporting their examinations of men arrested in the disorder, and it may be that this probation officer had been anticipating that it would also appear in Wright's report. When it did not, he may have chosen to omit his comment.

The Magistrate Court affidavit included few of those details. In that account, Rothengast simply saw Wright kick in the window and take a quantity of groceries. A Home News report of Wright's arraignment in that court put the value of the goods he allegedly stole at $100. The Probation Department investigation report specified that the items Rothegast alleged Wright tried to steal had a combined value of $11.10, the lamps 90 cents each and the jars of food $3.75 each. Stories in the New York Age and New York Times reporting later stages of his prosecution included the details that he had allegedly stolen "four lamps and a quantity of food," with the latter story misstating the value of those items as "about $8 in all." As Pavlowitz, the store manager, told a probation officer, others had taken the other missing merchandise, which he valued at between $50 and $75, rather than $100.

The lists of those arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and in the New York Evening Journal included Wright among those charged with burglary. He appeared in the Harlem Magistrate's Court on March 20, with the docket book and the Home News recording that Magistrate Renaud held him for the grand jury on $1,000 bail. The grand jury indicted Wright on March 22, according to his district attorney's case file; three days later, Judge Morris Koenig of the Court of General Sessions continued his bail, a step in the legal process documented only by the New York Sun. It took only two more days for Wright to agree to a plea bargain offered by a district attorney; his appearance in court to plead guilty to unlawful entry was reported in the New York Post on March 27, and New York Herald Tribune, New York Daily News and New York Times on March 28, and the New York Amsterdam News on March 30. Wright told a probation officer he pled guilty on the advice of his lawyer, denying he attacked the store. His sentencing on April 8 was recorded in 28th Precinct police blotter and again widely reported, in the Times Union on April 8, in the New York Evening News, New York Times and Daily News on April 9, and in the New York Amsterdam News, New York Age and Afro-American on April 13. Judge Donnellan sent Wright to the Workhouse for three months.

Wright told a probation officer he had been in New York City for eight years. Born in Kingston, North Carolina, his family moved at some point to Suffolk, Virginia, and from there to Boston in 1906. Around 1909, his mother became ill with tuberculosis and sought treatment at the Rutland Sanitarium. When she was released after two years, Wright and his five younger siblings returned with her to Suffolk, where her sister helped Wright look after the younger children. His father rejoined the family a year later, Wright worked with him making baskets. When Wright was fourteen years old, his mother died. The probation investigation included no information about Wright's subsequent life in Virginia other than his statement that he had spent thirty days in jail in 1917 after a fight with a railway detective when a circus arrived in town, and his marriage to Odel Burns in 1923. His World War One Draft registration lists his employment in 1918 as a soda foundation clerk in the Colored YMCA in Hopewell, Virginia.

Around 1927, Wright moved to New York City, likely with his family, as his father and three of his surviving siblings lived in Harlem in 1935, and the other sibling nearby in Newark, New Jersey. His father, Charles, who in 1935 lived with his second wife and one of his daughters at 510 Manhattan Avenue, was a Baptist minister at Jerusalem Church. Wright worked for his first five years in the city as a chauffeur for Dr. Bernard Zaglin. That work was "irregular," which might explain why the Preliminary Investigation in Wright's Probation Department file also records him working in Haverstraw, sixty miles north of the city on the Hudson River, as a driver hauling bricks for the Excelsior Brick Company in the busy season, the summer of 1931, and sometime prior to that as a painter and in a poolroom, and as a laborer in nearby Iona Island. The Probation Department Investigation Report presents all Wright's work in Haverstraw as prior to his employment by Zaglin even thought the Preliminary Investigation records the length of his work hauling bricks as May-October 1931. It may be that he lived and worked in Haverstraw prior to moving to Harlem, and returned there periodically.

It was to Haverstraw that his wife Odel went when she left him in 1932, with a man named Charlie Phillips, information in the Preliminary Investigation that the probation officer omitted from the Investigation Report. Instead, the report explained the couple's "separation" as a result of Wright's "infidelity with Marion Harris," with whom he was living at the time of his arrest. As was the case with others whose relationships followed the more fluid marriage patterns of working-class communities, the Probation Department Investigation Report described the twenty-two-year-old Harris as Wright's "mistress," ignoring the information in the Preliminary Investigation that they had married in April 1933, again in Haverstraw. At that time they were living with one of Wright's cousins at 860 Hunts Point Avenue in the Bronx, rent free as Wright was unemployed after Zaglin decided in October 1932 that he no longer needed a chauffeur.

Wright remained unemployed until July 1933, when he and Harris were employed as janitors at 155 West 123rd Street, a job that came with an apartment in the basement. They still held that position at the time of his arrest, and his employer told a probation officer he would reemploy Wright when he was released. However, if that happened, Wright did not live in the building. A census enumerator found him at 143 West 113th Street in 1940, where he told her he had been in 1935 (a question in that census), and was employed as the superintendent of an apartment building. He also told the enumerator he was married, but Harris is not recorded in the census schedule. Two years later, when Wright registered for the draft, he was living and working in another building, at 216 West 114th Street. He left blank the line for "Name and Address of Person Who Will Always Know Your address," where men typically included their wife or a parent. His home address is struck out and updated several months later to 143 West 113th Street, his home in 1940.
Joseph Wade arrested At about 2:45 AM, Officer William Leahy of the 28th Precinct allegedly saw Joseph Wade, a twenty-four-year-old Black "candy boy" coming out of Frank DeThomas' candy store at 101 West 127th Street. Leahy noted that store's windows were broken, but not that he had seen Wade break them. When Leahy arrested Wade, he found several toy pistols worth sixty cents in Wade's possession, according to the Magistrate's Court affidavit, or $70 of goods, according to later reports of Wade's sentencing in the New York Age and New York Times. For the last month, Wade had lived at 148 West 127th Street near the other end of the block of West 127th Street on which the store was located.

Wade was clearly not the only person to have looted the store, as DeThomas claimed $745.25 in losses. He was among the twenty white store-owners to bring the first suits against the city for failing to protect their businesses identified in the New York Sun.

Wade appeared in the Harlem Magistrates Court on March 20, when Magistrate Renaud ordered him held for the grand jury without bail. While few of those charged after the disorder were denied bail, Wade's criminal record featured three convictions since 1926, including one for unlawful entry resulting from a charge of burglary. That conviction in December 1926 was followed by a second arrest for burglary in April 1931 for which Wade was discharged. Two months later he was convicted of gun possession. Finally, in October 1933, Wade pled guilty to attempted second degree assault, having been charged with rape. As a result, he spent around two years in prison in the nine years before the disorder: two indeterminate terms for the first two convictions, and a year in Sing Sing Prison for the final conviction. The New York Age reported Wade had been paroled in December 1934, only three months before the disorder (a detail not mentioned by any other newspaper).

The grand jury indicted Wade for burglary on March 22, and five days later he appeared in the Court of General Sessions having agreed to plead guilty to the lesser offense of petit larceny. The Probation Department would have conducted an investigation before Wade's sentencing, but as he had been convicted previously in the Court of General Sessions, he had likely had been investigated previously and that report would have been put in the file created then. On April 8, Judge Donnellan sentenced him to six months in the workhouse, a decision reported in the press as well as recorded in the 28th Precinct police blotter.

There are more reports of the progress of Wade’s prosecution than most looting cases. He appears not only in the lists of those arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, but also in the New York Evening Journal and the Home News story on proceedings in the Harlem Magistrates Court. The New York Sun also reported his return to the Magistrates Court on March 25 to have his bail decision continued. At least five papers — New York Amsterdam News, New York Herald Tribune, New York Daily News, New York Post, and the New York Times — reported Wade’s appearance in the Court of General Sessions to plead guilty. The New York Times, New York Evening News, Daily News, and Times Union, and three Black newspapers, the Afro-American, New York Amsterdam News, and New York Age, also reported his sentencing eleven days later.

Wade had lived in New York City since at least 1920, when he and his mother Marie appear in the federal census, living with his father's brother at 262 West 124th Street. According to the census, he was born in New York City, but the Sing Sing Prison Inmate Admission Register recorded Charleston, South Carolina as his birthplace, and that of both his parents. Exactly when the family moved to New York City is uncertain; the register entry recorded Wade as having lived there for eleven years, so since around 1922, but the census indicates he had been in the city at least two years earlier. The Admission Register contains other fragmentary details of Wade’s life before the disorder. His father apparently died around 1923, when Wade was thirteen years old. He remained in school until he was sixteen years old; his first arrest and conviction must have occurred around the time he left school. He was born in according to the register, and he gave his age as twenty-four years in the Magistrate’s Court, but the census schedule records his age as ten years in 1920, putting his birthday in 1910. He must have given that earlier date when arrested in 1926, as he was not prosecuted in the juvenile court as he would have been if under sixteen years of age. As a youthful first offender, he was sent to the New York City Reformatory in January 1927. Released later that year, he began working as a porter at the Alhambra Theater. It appears that Wade’s arrest and conviction for gun possession in June 1931 cost him that job. Now aged around twenty-one, he was sentenced to another indeterminate sentence, this time in the penitentiary.

Wade served no more than eighteen months, as he started work as a porter for Sam Rosen of 216 West 125th Street around January 1933, according to the Sing Sing Prison Inmate Admission Register. By October, 1933, he lived at 109 West 129th Street; his mother Marie lived at 226 West 124th Street. That month Wade was charged with rape. The Admissions Register includes a section to record “Criminal Acts attributed to"; Wade’s entry is “Lived with girl,” suggesting that the charge may have been statutory rape, for sexual acts with a girl under eighteen years of age, the age of consent in New York in 1933. (Both the plea bargain and the sentence are in line with how courts handled such cases.) Although sentenced to a minimum term of fifteen months, the Admissions Register recorded that he was eligible for parole after one year, on December 28, 1934. The report of his sentencing in the New York Age indicated he was released at the time.
In court on March 27 A week after the disorder, three men appeared in the Court of General Sessions to plead guilty, becoming the first of those arrested to be convicted in the city’s felony court. However, the outcome of those prosecutions did not establish the men as major figures in the disorder, distinct from those who had been convicted in the lower courts. While Joseph Wade, Thomas Jackson, and Hezekiah Wright had all been charged with burglary, they pleaded guilty to lesser offenses: Wright and Jackson to unlawful entry, which did not involve breaking into a store; Wade to petit larceny, which involved being in possession of stolen merchandise but not entry into a store. Notwithstanding those differences, both crimes were misdemeanors that carried the same sentence of up to a year rather than up to ten years for burglary. The men were not sentenced at this time, so the consequences of their plea bargains were not immediately apparent. That they had been convicted of “lesser offenses” was noted in the Daily News, New York Herald Tribune, and New York Times, but not in the New York Post and New York Amsterdam News. Plea bargaining was by far the most common outcome of felony prosecutions in this period, so that outcome may not have been perceived as entirely diminishing their actions. Nor did a plea necessarily indicate an admission of guilt. Wright would later assert his innocence, saying that he had pleaded guilty on the advice of his lawyer.

The grand jury added to the picture of the disorder as composed of minor actions by sending all four of the men whose cases were presented to it on this day to the Court of Special Sessions, charged with misdemeanors not felonies. All had faced charges of riot, with Leon Mauraine, David Smith, and John Kennedy Jones also charged with malicious mischief for breaking windows, and John King with assault. Only the Hearst newspapers, the New York Evening Journal and New York American, and the New York Times, reported the hearings, but without names as the grand jury proceedings were closed.

The four men who appeared in the Harlem court appeared to present a countervailing picture. Three were sent to the grand jury on riot charges. One, Raymond Easley, had already been indicted by the grand jury as a result of Dodge’s investigation. He was the last subject of that investigation to appear in court, although only one of the two newspapers that reported the hearing mentioned him. However, the outcomes of the three men's prosecutions would follow the same pattern as the hearings that occurred on same day: James Pringle and Claude Jones would be sent to the Court of Special Sessions, and Easley’s indictment would be dismissed. The magistrate continued the investigation of two other men, Leroy Brown and William Ford. Both would later be sent to the grand jury, and like the others, to the Court of Special Sessions. The magistrate sent the final man, Harry Gordon, directly to the Court of Special Sessions. Two days of additional police investigations had failed to produce enough evidence to send him to the grand jury. With Gordon’s ILD lawyer in attendance, the magistrate would have had little scope to overlook the deficiencies in the evidence. Gordon would not face trial for another seven months, the last of those arrested in the disorder to appear in court. In the interim, he would testify in a public hearing of the MCCH and describe being beaten both when he was arrested and while in custody. His testimony persuaded the chairman of those hearings, Arthur Garfield Hays, but not the judges in the Court of Special Sessions. They convicted him; the sentence they imposed is unknown. He was one of only two men known to have been convicted of an assault during the disorder — although there is no evidence that outcome was reported in the press.

Rather than building toward the prosecution of individuals who played major roles in the disorder, then, the legal response to the disorder saw serious charges become misdemeanors and frequently the even lesser offense of disorderly conduct. Those arrested by police proved not to be responsible for much of the violence and damage. Instead, they had been among the crowds drawn to the streets and into encounters with police. The extent of the violence of the disorder consequently was not brought into focus in the criminal courts. Only later, in the civil courts, would some of the scale of the damage, if not the violence and injuries, become part of the legal record.
In the Court of General Sessions on March 27 (3) Five newspapers reported the three guilty pleas. The stories in the Daily News, New York Times, New York Herald Tribune, and the New York Amsterdam News all named the three men and gave their ages and addresses. The New York Post mentioned only that the men were "Three Negroes." The New York Amsterdam News omitted details of the charges and pleas; all the other publications noted that the men had been charged with burglary and pled to unlawful entry in the case of Jackson and Wright and petit larceny in the case of Wade.

Only the Daily News and New York Herald Tribune included details of what the men had done. The Daily News did so only for Jackson, who it reported "took $100 worth of pipes and jewelry." The New York Herald Tribune added that the merchandise came from a cigar store on 7th Avenue. It also reported that Wade had taken a toy pistol from a store on 127th Street. Neither story provided details of what Wright had done. That additional information somewhat countered how pleading to a lesser charge diminished the seriousness of what Jackson had done, while having the opposite result in Wade's case, leaving the New York Herald Tribune's readers with a somewhat confused picture of whether these convictions involved men who played a major role in the disorder.