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

"Harlem Riot Prisoners and Charges," New York American, March 20, 1935, 4.

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Harry Gordon arrested Around 6:30 PM, Patrolman Irwin Young arrested Harry Gordon, a twenty-year-old white student, on the north sidewalk of West 125th Street near 7th Avenue. Gordon had climbed a lamppost to speak to the crowd that police had pushed east, away from Kress’ store; Young pulled him down. The patrolman alleged that Gordon then grabbed his nightstick and hit him with it; Gordon denied doing anything. He told a public hearing of the MCCH that Young and other officers dragged him thirty feet to a police radio car and drove him to the police station on West 123rd Street. Louise Thompson had seen Gordon "get on the mailbox to speak and...dragged down by a policeman," after which "a cop kicked him, another knocked him over the head with his billy and another slapped him in the face and punched him in the ribs." Although Thompson was affiliated with the Communist Party and thus not an entirely objective witness, her account of the police violence was not disputed.

As soon as the radio car reached 7th Avenue, out of sight of the crowd on 125th Street, Gordon told the MCCH hearing that the police officer driving said “Go ahead and hit him" to the officer next to him, and both men “poked him in the ribs and kicked him.” When the car got to the station, Young pushed him up against the wall of the station and clubbed him in the stomach. Police officers continued to beat and kick Gordon when he was put in a cell, taken upstairs for questioning, and fingerprinted. As a result of these attacks, Gordon testified, “I had two black eyes. Had bumps on my head. My shins were bruised.” When he was bailed and released forty-eight hours after being arrested, his lawyer described Gordon’s face as “entirely discolored,” so much so that he took Gordon to his home so his mother would not see his injuries, he told the public hearing. The man identified as Gordon has no visible injuries in photographs taken a few seconds apart published in the Daily News, New York American, and New York Evening Journal that purported to show him and the three other white men police arrested in front of Kress’ store on their way to the Harlem Magistrates Court. However, one of the men was only partly visible, behind the other three, and could be injured. The caption to the Daily News photo suggests otherwise, labeling all the men "unmarked by the race riots."

Gordon was among the group of around ninety-six of those arrested put in a line-up and questioned by detectives in front of reporters downtown at Police Headquarters on the morning of March 20, before being loaded into patrol wagons and taken back uptown to the Harlem and Washington Heights Magistrates Courts. Gordon was brought to the platform together with Daniel Miller and the three Young Liberators arrested at other times protesting in front of Kress' store, a New York Herald Tribune story noted, with police presenting the group as acting and arrested together. However, Gordon's actions overshadowed the larger group in stories about the line-up. While Gordon stood on the "klieg-lit platform," Captain Edward Dillon questioned him about his role in the disorder in an exchange reported in three newspapers. The briefest mention appeared in the Daily Mirror, which reported the details of the setting, but only that "under the grilling conducted by Acting Capt. Edward Dillon" Gordon declared "I am a student at City College of New York" and "refused to answer further questions." The reporter described Gordon's manner as "defiant." Other reporters conveyed a similar judgment in their portrayals of Gordon. The New York Herald Tribune described him as "a tall, lanky youth [who] thrust one hand in his pocket and struck an orator's attitude" during the questioning; the New York Sun described his pose as "Napoleonic." Neither of those stories mention Gordon identifying himself as a student; they instead quoted him as refusing to answer questions until he saw a lawyer. The Daily Mirror concluded that Gordon, in responding as he did, "had practically declared himself the inciter of the night's rioting" and the leader of the four other men arrested at the beginning of the disorder. Gordon himself, testifying at the MCCH hearing, set himself apart, as a passerby who had attempted to urge the crowd to go to the police for information. Inquiries by reporters from the New York Evening Journal found no evidence that Gordon was a City College Student, with the New York Herald Tribune reporting Dean Morton Gottschall did not find him in college records. The New York Evening Journal did confirm that he lived in the Bronx, at 699 Prospect Avenue.

Gordon did not appear in the MCCH transcription of the 28th Precinct blotter, nor did Miller and the two white Young Liberators arrested in front of Kress’ store. Margaret Mitchell, the Black woman arrested inside Kress' store before Miller's arrest and Claudio Viabolo, the Black Young Liberator arrested with two white companions soon after Miller, did appear in the transcription. That discrepancy suggests that the white men were omitted from the transcription, perhaps overlooked because they were somehow less readily identified as participants in the disorder among others arrested for unrelated activities at that time.

Gordon appeared in the Harlem Magistrates Court on March 20, shortly after Daniel Miller and the three Young Liberators with whom police had grouped him. The charge recorded in the Magistrates Court Docket book was assault, which was the charge reported by New York American, New York Evening Journal, New York Times, and New York Herald Tribune. A second list in the New York Evening Journal, a later story in the New York Herald Tribune, and the New York Amsterdam News, Daily Mirror, and New York Sun reported Gordon had been charged with both offenses. The Home News, New York Post, New York World-Telegram, New York Age, and the list published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, reported the charge against Gordon as inciting a riot.

The mistaken information about the charge could result from police continuing to group Gordon with the Miller and the three Young Liberators when he appeared in court. The New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used, in stories on the court appearances. However, while the Daily News, New York Herald Tribune, and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being arraigned separately from Miller and the other three men. That separation was likely because he was charged with assault, the other men with riot, and the officer listed as arresting Gordon was Patrolman Irwin Young not Patrolman Shannon, the arresting officer recorded in the Harlem Magistrates Court docket book for Miller and the three other men.

The Daily Mirror claimed Gordon was heard separately when he indicated that he would produce his own lawyers. While being held, Gordon testified, he had not been not allowed to contact a lawyer or his family and was not fed until he had been in custody for more than twenty-four hours and had been arraigned in the Magistrate's Court. In the courthouse on March 20, Gordon was able to make contact with an ILD lawyer, Isidore Englander. The attorney testified that while he was speaking with Frank Wells, who he had learned had been arrested, he saw Gordon, who he claimed not to know, and spoke with him after his arraignment. Gordon asked him to communicate with Edward Kuntz, another ILD lawyer, whose son Gordon testified was a friend. Kuntz would represent him in subsequent court appearances. After Gordon was taken away, Englander heard him scream, the result, Gordon claimed, of being beaten again by police officer. The attorney made no mention of the visible injuries on Gordon’s face that Gordon and Kuntz described in their testimony.

Magistrate Renaud remanded Gordon to reappear on the March 25, on a bond of $1,000; the magistrate also remanded the other four alleged Communists, but for them set the maximum bail of $2,500. Around forty-eight hours after Gordon’s arrest, at 1 AM, Kuntz told a public hearing that he secured bail for Gordon, who was released from prison.

Gordon returned to court on March 25, at the same time as Daniel Miller and the three Young Liberators, but there his treatment further diverged from them. While Renaud discharged the other four men as the grand jury had already sent them for trial in the Court of Special Sessions, in response to evidence presented by District Attorney Dodge as part of his investigation of the disorder, the magistrate again remanded Gordon, to appear on March 27, with the New York American and Home News reporting that police were planning to submit evidence to the grand jury seeking to have him indicted. (The only other newspaper to report this appearance was the New York World-Telegram.) That effort was unsuccessful. When Gordon appeared again in the Magistrates Court, the ADA reduced the charge against him from felony assault to misdemeanor assault; in the Harlem Magistrates Court docket book a clerk struck out Fel[ony] Ass[ault] and wrote "Red[uced] to Simple Assault misd[emeanor]." Kuntz claimed credit for the reduced charge when he questioned Gordon about this legal proceeding in a public hearing of the MCCH. While Gordon testified that the ADA had said he was doing Gordon a “favor” by withdrawing the assault charges, Kuntz drew out that his cross examination of Patrolman Young established that the officer did not go to a doctor or a hospital, so did not suffer injuries justifying a felony charge, or even simple assault. He also testified that a new charge of unlawful assembly, the misdemeanor form of riot, had been made against him at that hearing, information not mentioned in any other sources. Magistrate Renaud transferred Gordon to the Court of Special Sessions for trial on the reduced charge, a decision reported only in the New York Amsterdam News, New York Times, and New York Herald Tribune.

For some reason, the trial did not take place for almost eight months. Sometime in early November the judges convicted Gordon and sentenced him on November 15. Arthur Garfield Hays, who had chaired the MCCH hearing at which Gordon testified, wrote to the Chief Judge of the Court of Special Sessions on November 13 after hearing of the conviction, the only evidence of that outcome. Expressing surprise about the conviction, Hays urged that Gordon be given a suspended sentence as he was "certainly not a criminal and was exercising what he deemed to be his right of free speech." Judge William Walling responded, telling Hays that he "did not have all the facts." As far as the judge was concerned, "There was not the slightest doubt but that Gordon assaulted the officer who was in uniform. Thereafter, of course, the officer hit back and subdued Gordon." That assessment made it unlikely Walling and his colleagues would have imposed the suspended sentence Hays favored. However, what sentence they imposed on Gordon is unknown.
Two men speak to a crowd & Patrolman Irwin Young assaulted Harry Gordon, a twenty-year-old white man in his senior year at City College, was walking along West 125th Street between 7th and 8th Avenues about 6:00 PM, he told a public hearing of the MCCH, when he noticed groups of “excited” people “milling around the street.” While Gordon claimed to have been simply passing by, it seems likely he was one of the Communist Party members who came to Kress’ store in response to rumors a boy had been attacked. He did identify himself at the hearing as a member of the New York Students League, a Communist-led organization. Gordon gave his address as 699 Prospect Avenue in the Bronx.

Gordon testified that he asked several people on the street what was happening, but he “couldn’t get anything at all from them.” He then saw a Black man, James Parton, set up a ladder in front of Kress' store and briefly speak to the crowd before Daniel Miller stepped up to speak. A window then smashed and police officers immediately seized Miller. Other officers chased Gordon and other people who had been listening to Miller across West 125th Street to the opposite sidewalk and then pushed them away from the store, east toward 7th Avenue. About 300 feet from Kress’ store, Gordon estimated, Parton climbed a lamppost and again spoke to those on the street, saying “that a boy had been killed and that a crowd should gather in protest,” according to Gordon’s testimony. Then he climbed the lamppost, intending, he told a public hearing, “to get a committee from the crowd” “to go to the police to find out if a child was killed.” He was only able to say “Friends” before Patrolman Irwin Young pulled him down from the lamppost. Gordon’s alleged assault on Young came when he “grabbed Patrolman Irwin Young’s nightstick and used it to hit the officer,” according to a story in the New York Times. That story was the only source that mentioned the nature of the assault in reporting Gordon’s second appearance in the Magistrates Court. After arresting Gordon, Young and other officers dragged him to a police radio car and drove him to the police station on West 123rd Street.

Lists of the injured variously described the injuries Young suffered as “cuts on hands,” in the Daily News and New York Evening Journal, “lacerations of right hand” in the New York Herald Tribune, and "bruised on the hand" in the New York American. No version represented a sufficient injury to constitute a felony assault, which was the charge police initially made against Gordon. The New York Herald Tribune reported Young received medical treatment at the scene, but when Gordon’s lawyer cross-examined him in the Harlem Magistrates Court, Young testified that he did not go to a doctor or the hospital, Gordon told the public hearing. Young did not appear in the hospital records, as the other police officers injured around this time did, confirmation of those statements. Moreover, Young was back on the streets by 10:10 PM, when he arrested Leroy Gillard at 200 West 128th Street, allegedly for looting. He was the first police officer allegedly assaulted in the disorder; five others would be assaulted around 125th Street before 10:30 PM, after which time the crowds had moved to other parts of the neighborhood.

Gordon denied he assaulted Young. He was grabbed from behind, he testified in a public hearing of the MCCH, and then “a rain of blows descended on me such that I have never experienced before" against which he could do nothing. Louise Thompson, part of the crowd on 125th Street, offered a more detailed account, although as a member of the Communist Party, she was not an entirely disinterested observer. She described to a public hearing of the MCCH how “a cop kicked him, another knocked him over the head with his billy and another slapped him in the face and punched him in the ribs.” Thompson more clearly stated that Gordon did not assault Young when interviewed earlier by a reporter for the Daily Worker for a story published on the same day she testified in the public hearing: "I was standing a few feet from Harry Gordon when he was arrested. He did not strike any policeman. He did nothing.” In the same story in the Daily Worker, Gordon denied committing assault, implying that Young made the charge to justify his violence: “I did not strike any policeman. He struck me over the head with his club before I even saw him. He said, 'So you'll hit a cop, will you?' as he struck me.”

As was the case with events inside Kress’ store, testimony in the public hearings of the MCCH provided the most detailed evidence of the events outside the store in the early evening of March 19. Louise Thompson testified on March 30 and Harry Gordon on May 4. (Thompson only mentioned the first speaker, Miller, in her article in New Masses.) The MCCH subcommittee report and final report both describe a second person trying to speak in front of Kress who was arrested, without naming that person, but make no mention of his alleged assault on a police officer. More striking, Inspector Di Martini’s report names Gordon without mentioning an alleged assault on one of his officers. That report has no reference to Daniel Miller, presenting Gordon as the only person to speak in front of the store: “At about 7PM, one Harry Gordon, #699 Prospect Avenue arrived in front of Kress’ Store with a number of others carrying placards and made a speech to a group which was attracted and incited a number of colored persons to break windows of the store. He was immediately arrested by Ptl. Young #3203, 32nd Precinct.”

No newspaper stories explicitly reported the narrative in the MCCH hearings and reports, as they truncated events outside the store and presented Gordon, Daniel Miller, and the three Young Liberators who picketed the store as a single group arriving and acting together. Only some described Gordon as speaking, and only three of the initial stories about the disorder describe him as assaulting Young, in different circumstances that were both unlike what was described in the MCCH public hearings. Even later stories about Gordon’s first appearance in the Harlem Magistrates Court do not all mention the assault charge, and several describe him as picketing Kress’ store, not trying to speak to the crowd. When Gordon testified in a public hearing of the MCCH, newspaper stories described him speaking, and being arrested by Young, but omitted the context he provided for those events as coming after Miller had tried to speak and been arrested.

Only some newspapers described Gordon as speaking in front of the store. The New York Age accurately captured the event, if not its context: “Harry Gordon, white Communist, was arrested when Patrolman Young of the 123rd Street police station found him addressing a group. He was taken to the station house charged with inciting a riot.” The New York Post more briefly described Gordon, Miller, and the two other white men as having been arrested for “haranguing crowds, urging them to fight.” The Daily Mirror identified Gordon as a speaker, describing him as “a 'Red' orator,” but with no details of circumstances of his speaking or arrest. The New York World-Telegram included Gordon in a group obliquely described as being arrested for being “Communist agitators.”

Only three of the initial stories about the disorder described Gordon assaulting Young, in different circumstances that were unlike what was described in the MCCH public hearings. Gordon came to Miller’s aid when he was arrested, joined by the three Young Liberators, and battled Patrolman Shannon and two other officers before also being arrested, according to the New York American and New York Evening Journal. That story also mistakenly had Gordon picketing the store. The New York Times relocated the encounter between Gordon and Young to the rear of Kress’ store on West 124th Street. In the struggle between police and a crowd that took place there, the story reported, Young “was cut on the right hand by a rock” thrown by Gordon. That clash occurred around thirty minutes after Gordon was arrested, and involved officers other than Young being injured.

Later stories about Gordon’s first appearance in the Harlem Magistrates Court did not all mention the assault charge, and several described him as picketing Kress’ store, not trying to speak to the crowd. Gordon was described as charged with assault in the New York Sun, in a story about a line-up of those arrested, and in the New York American and New York Amsterdam News, which had him picketing the store. Four other papers did not mention the assault charge: the Daily Mirror described Gordon and the others grouped with him as “curb-stone orators who had deliberately incited the 125th St. mobs;” in the Home News, the charge was inciting a riot, for “making a speech in front of Kress’ store;” in the Daily News it was an unspecified “separate charge” from that made against the other men, which was inciting riot; and in the New York Evening Journal Gordon and three others were charged with “circulating false placards to the effect that a Negro boy had been beaten to death.” Gordon’s subsequent appearances in the Harlem Magistrates courts were generally not reported. Only the New York World-Telegram, Home News, and New York American mentioned his appearance on March 25, with no details of his alleged offense. The New York Times story of Gordon’s appearance on May 27 provided the only details of the assault, that he “grabbed Patrolman Irwin Young’s nightstick and used it to hit the officer.” The New York Herald Tribune story on the same hearing not only made no mention of those details, but omitted the assault entirely and instead made Gordon only indirectly responsible for Young’s injuries: his speech telling the crowd “that a Negro boy had been killed in the store… so excited the neighborhood that Patrolman Irving Young, of the West 123d Street station, and several others were hurt in the ensuing riot.”

Stories about Gordon’s testimony in the MCCH public hearing on May 4 published in the New York Times, New York Age, and Associated Negro Press described him speaking, and being arrested by Young, but omitted the context he provided for those events as coming after Miller had tried to speak and been arrested. The New York American and Afro-American had an even narrower focus, mentioning only that Gordon alleged he had been beaten by police, with no description of the circumstances of his arrest. The only story about Gordon’s allegation published before the hearing was in the Daily Worker on March 30, reflecting his association with the Communist Party. Reporters for the New York Evening Journal had been unable to locate him. When the Daily Worker’s journalist spoke to Gordon, “his left eye [was] still black from the police beating more than a week ago.” However, in a Daily News photograph published on March 20 captioned as showing Gordon and the other men grouped with him by police, none of the men have visible injuries. As there are only three men, the image may be of the Miller and the Young Liberators without Gordon, perhaps around the time he was arraigned separately.

Harry Gordon did not appear in the MCCH's transcription of the 28th Precinct police blotter; Claudio Viabolo, the Black Young Liberator, is the only one of the five speakers and picketers in that record. Gordon appeared in the Harlem Magistrates Court on March 20, shortly after the other white men arrested at the start of the disorder. Magistrate Renaud remanded him to reappear on March 25, and then again on March 27. While Miller and the three Young Liberators that police grouped with Gordon as the instigators of the riot were sent by the grand jury to the Court of Special Sessions, the ADA reduced the charge against Gordon to misdemeanor assault in the Magistrates Court, with his ILD lawyers claiming credit in the public hearing of the MCCH, as they had elicited testimony from Young that he had not needed medical treatment for his injury. Magistrate Renaud then transferred Gordon to the Court of Special Sessions. For some reason, the trial did not take place until November, when the judges convicted him.

In the narratives of historians Mark Naison, Cheryl Greenberg, Marilynn Johnson, Lorrin Thomas, and Nicole Watson, Gordon and Miller are grouped together as “speakers” pulled down by police. Historian Thomas Kessner named Miller in his narrative as the only speaker in front of the store. None of those historians mention Gordon's alleged assault of Young. They all follow the narrative provided by police that presents the speakers as part of a single group protesting in front of Kress’ store, stepping up to speak to the crowd after picketing of the store had begun. That framing implicitly introduces the idea that the disorder was orchestrated by those men, while offering no details of how the crowds of women and men around them acted to weigh against that evidence. Weight is added to that implication by the failure to fully identify the men involved in the protests. While Greenberg and Thomas do not identify the men, Naison, Kessner, Johnson, and Watson describe them as members of the Young Liberators. None of those historians mention that four of the five, and both the speakers arrested, were white men. Naison did describe the Young Liberators as an interracial group; so too did Watson, however she did not identify the men in front of the store as members of the Young Liberators. Neglecting their race makes those men appear more representative of the crowd than they were, particularly in Greenberg and Watson’s narratives, which do not identify them as Young Liberators. Naison, Kessner, Greenberg, Thomas, Johnson, and Watson all follow the chronology that has the picketing begin before the speakers were arrested. Grouping the men places an organized Communist protest at the center of the outbreak of disorder, and makes the window being broken and the men’s arrest a response to the feeling they built in the crowd. Recognizing that the protests occurred in a less coordinated way highlights that police responded immediately to any sign of protest, not just to a window being broken. They may also have acted so quickly because they recognized the men as Communists; the men’s language and appeals would have given them away. Communist protest in Harlem, and across the city, drew violent responses from police in the months prior to the disorder. Recognition of the fragmented nature of the protests and the identity of those involved directs attention away from those events to the crowds of Black men and women around them. Crowd members gathered in groups, talked amongst themselves, sought answers from police about what had happened to the boy, and responded to police efforts to clear the street. Rather than organized or orchestrated by the Young Liberators, those behaviors appear more spontaneous, in line with the interpretation offered in the MCCH’s final report.
Daniel Miller arrested Daniel Miller stepped up on a ladder in front of Kress' store about 6:15 PM and began to speak to a crowd he estimated at 100-200 people. The twenty-four-year-old white man who identified himself as a member of the Nurses and Hospital League had said only "Fellow workers" when someone in the crowd threw an object at the windows of the store, breaking one. Patrolman Timothy Shannon of the 28th Precinct, one of about five officers stationed in front of Kress' store, immediately pulled Miller from the ladder and arrested him. Sergeant Bowe testified in a public hearing of the MCCH that he was a "witness" to that arrest. James Parton, the Black man who had carried the ladder, and an American flag banner, to the front of the store and spoke briefly before Miller, was not arrested. Nor was Parton arrested when he climbed a lamppost on the opposite side of 125th Street and spoke to the crowd. However, Harry Gordon, a white man who followed Parton in climbing up the lamppost to speak, was, like Miller, immediately arrested.

Miller's testimony in a public hearing of the MCCH provided the most detailed description of his arrest. Patrolman Shannon also testified in an earlier public hearing, but he was not questioned about the arrest. Louise Thompson testified that she saw Miller begin to speak and the window broken. She did not see his arrest. Patrolman Moran did. Officers stationed with him in front of the store moved to arrest Miller and disperse the crowd listening to him as soon as the window was broken, he told a hearing of the MCCH. Two Hearst newspapers, the New York American and New York Evening Journal, published stories that described the arrest, but they included details that other sources indicate did not happen: Shannon arresting Miller after he refused an order to move on, with no mention of the widely reported broken window; and two white Young Liberators and Harry Gordon coming to Miller’s aid when he was arrested, and battling Shannon and two other patrolmen before also being arrested. Although the newspapers said their information came from police, these elements that did not happen seem to be a product of the anti-Communist stance and sensational style of the Hearst newspapers.

The lists of those arrested during the disorder published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, the New York Evening Journal, the Daily News, the New York American, and the New York Herald Tribune all included Miller among those charged with inciting a riot. However, Miller, and the three other white men arrested in front of Kress' store, are not in the transcript of the 28th Precinct police blotter in the MCCH records. Margaret Mitchell, the Black woman arrested inside Kress' store before Miller's arrest, and Claudio Viabolo, the Black Young Liberator arrested with two white companions soon after Miller, do appear in the transcription. That discrepancy suggests that the white men were omitted from the transcription, perhaps overlooked because they were somehow less readily identified as participants in the disorder among others arrested for unrelated activities at that time.

Miller was among around eighty-nine men and women arrested put in a line-up and questioned by detectives in front of reporters at Police Headquarters downtown on the morning of March 20, before being loaded into patrol wagons and taken back uptown to the Harlem and Washington Heights Magistrates Courts. Police put him on the platform in a group with Gordon and the three Young Liberators, Samuels, Jamison and Viabolo, a New York Herald Tribune story noted; it reported that police described them as all "arrested at a demonstration in front of the Kress store." That grouping was not mentioned in the two other newspaper stories about the line-up, with the Daily Mirror and New York Sun, as well as the New York Herald Tribune focusing on Harry Gordon refusing to answer questions until he saw his lawyer.

The Daily News and New York Evening Journal published photographs taken a few seconds apart that are captioned as showing the four white men arrested outside Kress’ store in the West 123rd Street police station on their way to the Harlem Magistrates Court on March 20. Surrounded on three sides by both uniformed police and detectives in plainclothes, three white men are visible, with another white man party visible behind them, all but the first, identified in the caption as Harry Gordon, looking at the ground. Miller was the man on the right of the group, according to the captions. To his right is a Black man, almost certainly Viabolo, as police had grouped him with these men in the line-up earlier that day, and would again in the courthouse. He was not identified in the captions, and, perhaps as a result, cropped out of versions of the photograph published by several regional newspapers. Reflecting its anti-Communist focus, the New York Evening Journal placed the photograph on page one, across the whole width of the page, with a caption labeling the men “young college-bred Communists.” The next page featured photographs of two placards used in the picket, and the leaflets circulated by both the Young Liberators and the Communist Party. The Daily News photograph, taken at almost the same moment, appeared in the center of a two-page spread of photographs of the disorder in the center of the newspaper. The caption did not identify the men as Communists but as inciting the riot, focusing on drawing a contrast between their uninjured appearances and the damage done during the disorder. (Gordon later testified he had been beaten and had injuries to his face; he may be the man whose face was not visible in that photograph notwithstanding the caption.)

Police continued to group Miller with the other four men when they were appeared in Harlem Magistrates Court. In stories on the court appearances, the New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used. However, while the Daily News, New York Herald Tribune, New York World-Telegram and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being charged separately from Miller and the other three men. That separation would have resulted from the different arresting officer listed in the Harlem Magistrates Court docket book for Gordon, Patrolman Irwin Young, not Patrolman Shannon, the arresting officer recorded for the four other men. The charge recorded for Gordon was also different, assaulting Young, not inciting riot. The Daily News claimed Gordon "was heard separately when he indicated that he would produce his own lawyers."

In the Harlem Magistrates Court Miller was charged with inciting a riot, as were Jameson, Samuels and Viabolo. When their names were called, two lawyers from the International Labor Defense Fund rose to represent them. The appearance of those attorneys was reported by the New York American, Daily Mirror, Home News, Daily News, New York Herald Tribune, New York Times, New York World-Telegram and Daily Worker but for some reason they were not recorded in the column for the name and address of a defendant's lawyer in the Harlem Magistrates Court docket book (a section completed for Harry Gordon). The ILD's affiliation with the Communist Party would have been well-known to readers of those newspapers, but the Daily Mirror explicitly made the connection in its story, stating that the men's "Communistic affiliations were declared" by the identity of their attorneys. The Daily Mirror and Daily Worker named the lawyers as "Miss Yetta M. Aronsky and I[sidore] Englander," while Daily News named only Aronsky, and the New York American, New York Herald Tribune and New York Times reported only "a woman lawyer" who would not give her name to their reporters. (Englander later testified about being present in the court in a public hearing of the MCCH).

Assistant District Attorney Richard E. Carey, the Black attorney Magistrate Renaud had requested prosecute those arrested in the disorder, according to the Daily News, requested the men be held for a hearing on Friday on the maximum bail of $2500. The men's ILD lawyers protested that sum. Other arrested during the disorder charged with felonies had their bail set at $1000, including Harry Gordon. Magistrate Renaud dismissed those protests, and complaints by Aronsky, reported by the Daily News and Daily Worker that the men "had not been fed by police following their arrest."

When Miller returned to the Harlem Magistrates Court with the three Young Liberators, Magistrate Ford dismissed the charges against the group because the grand jury had indicted them in response to evidence presented by District Attorney Dodge as part of his investigation of the disorder. The Magistrates Court docket book records the deposition of the men's cases as "Dism[issed], def[endant] indicted." Stories in the Daily Mirror and New York Amsterdam News also reported they had been indicted by the grand jury. However, while the grand jury did send the men for trial, it was for a misdemeanor, not a felony, so an information that sent them to the Court of Special Sessions, not an indictment that would have sent them to the Court of General Sessions. Other stories included elements of that distinction. The New York American reported that after being discharged the men were "turned over to detectives with bench warrants based on the Grand Jury informations voted last week charging inciting to riot." The New York Herald Tribune also reported "two informations charging five persons with inciting riot" without naming them; so too did the Daily News, which alone specified that an information charged a misdemeanor and that the men were sent for trial in the Court of Special Sessions. The grand jury also sent all the other individuals charged with inciting a riot that appeared before it to the Court of Special Sessions to face trial for misdemeanors. Testifying in a public hearing of the MCCH, Miller said he was charged with unlawful assembly. That crime involving disturbing the peace, not efforts to prevent the enforcement of the law or incite force or violence.

As other prosecutions resulting from the riot made their way through the courts there were no reports mentioning Miller, or Jameson, Samuels and Viabolo. Finally, on June 20, the four men appeared in the Court of Special Sessions — the New York Amsterdam News reported an additional defendant, a "young sympathizer," Dave Mencher, not mentioned in any other sources or in the Daily Worker story, the only other report of this trial located. Only one prosecution witness testified before the court's three judges, Sergeant Bauer of the West 123rd Street station (likely the sergeant who testified at the public hearings that he was involved in the arrest, although his name was recorded as Bowe in the transcript). It is not clear why Patrolman Timothy Shannon, the arresting officer, did not appear as a witness. International Labor Defence lawyers again represented the men, but not the same attorneys as on the day after the disorder. Instead, Joseph Tauber and Edward Kuntz, who played prominent roles in the MCCH public hearings, represented the men. After cross-examining Bauer to establish that a crowd had collected in front of Kress' store prior to the men arriving, the attorneys moved to have the charges of inciting a riot dismissed. The judges agreed, and freed Miller and the three other men.

Miller's home address is recorded in the Harlem Magistrates Court docket book as 1280 South Boulevard in the Bronx. That address is also published by the Daily Mirror, Brooklyn Daily Eagle, New York American, New York Times, and New York Age. However, the New York Evening Journal reported that address did not exist. A different address was published in the New York Herald Tribune, Home News, New York American, and New York Amsterdam News: 35 Morningside Avenue, between West 117th and 118th Streets, two blocks west of 8th Avenue. That address fits the information he gave in the MCCH public hearing. All those newspaper stories are reports of Miller's appearance in court, suggesting that the Morningside Avenue address was mentioned at that time even if it was not recorded in the docket book. Miller's organization, the Nurses and Hospital League, had an office downtown at 799 Broadway, identified in the New York Post, New York American, and Daily Worker as raided by police investigating the disorder that was outside Harlem.
Frendel's meat market windows broken and looted Some time during the disorder, the windows of Frendel's meat market at 2360 8th Avenue were broken. Officer Carrington of the 32nd Precinct arrested Emmet Williams, a twenty-eight year-old Black man, for allegedly breaking the store window, and Theodore Hughes, a twenty-two-year-old Black man, for allegedly taking two pieces of salt pork from the store window, according to a story in the New York Herald Tribune and a list in the New York American. Located between West 126th and West 127th Streets, the store was in the midst of the blocks of 8th Avenue on which there are reports of violence during the disorder: the arrest of James Hayes for allegedly looting the Danbury Hat store at 2334 8th Avenue near 125th Street; the arrest of Rose Murrell for breaking windows in a grocery store three buildings to the north; the arrest of Thomas Babbitt for taking soap from Thomas Drug store a block north; and at the very end of the disorder, the arrest of Jean Jacquelin for looting at 128th Street and police shooting and killing James Thompson after allegedly finding him looting a grocery store across the street from the meat market. The businesses on the blocks of 8th Avenue north of 125th Street were almost entirely white-owned when the MCCH business survey was taken in the second half of 1935.

Hughes was among the first of those arrested in the disorder to appear in the Harlem Magistrate's Court on March 20. Sent to the Court of Special Sessions by Magistrate Renaud, Hughes was held on $500 bail. There is no evidence of the outcome of his trial. Williams appeared in the Harlem Magistrates Court directly after Hughes, with the same complainant, and Magistrate Renaud also sent him to the Court of Special Sessions, with the same bail. There is also no evidence of the outcome of his trial.

The store continued in business after the disorder. The complaint in the Magistrate's Court was made by Leo Halberg, a white butcher who worked in the store and lived at 1767 Fulton Avenue in the Bronx, who was still employed at the store when he registered for the draft in 1942. He gave the name of his employer as "Frendel Inc." The MCCH business survey records a white-owned "Pork (Meat) Market" at 2360 8th Avenue and a store with signs indicating that it is a meat market is visible in the Tax Department photograph taken between 1939 and 1941. A photograph of the meat market, with a sign reading "Frendel Market," accompanied a New York Amsterdam News story about rationing in Harlem in 1943. By then the store was owned by (Sigmund) Fred Garb, a Jewish refugee from Austria, and his wife Claire, who identified a cousin named "S. Frendl" when they arrived in the United States in 1939. Twice, in 1941 and again in 1943, Fred Garb was convicted of fixing their scales to cheat customers.
Leroy Brown arrested Around 9:45 PM, Officer Edward Doran watched a group assemble in front of Sam Lefkowitz's store at 2147 7th Avenue. In in his affidavit in the Harlem Magistrates Court, Doran alleged Leroy Brown threw a tailor's dummy through the window of the store, after which Doran heard him say to the rest of the group, "Go right along and get the other windows." As Doran arrested Brown, he saw the group continue north up 7th Avenue and "heard the crash of glass and later observed other windows broken." The unclaimed laundry store at 2145 7th Avenue, on the south side of Lefkowitz's store, also had its window broken.

Leroy Brown was a twenty-two-year-old Black man who identified himself as a bootblack in his examination in the Harlem Magistrates Court. He lived at 2493 8th Avenue, near West 133rd Street, some distance northwest of Lefkowitz's store, which was just north of West 127th Street. That address had been his home since 1932, he told the clerk in the Harlem Magistrates Court. Brown had been in the Magistrates Court once before 1935, charged with disorderly conduct in September 1934, and discharged by a Magistrate, according to his criminal record. When Brown appeared in the Harlem Magistrates Court on March 20, he was charged with both malicious mischief, for allegedly breaking the window, and inciting a riot, for his alleged call for the group to break other windows. He appeared in the list of those arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, as one of those charged with inciting a riot. That was the most serious of the charges Brown faced in the Magistrates Court, so likely the one that would have been emphasized in a list of those arrested. The charge against Brown in a list published in the New York Daily News was malicious mischief (like four other men in this list he was misidentified as white). In lists published in the New York Evening Journal and the New York American, the charge against Brown was disorderly conduct (and his first name mistakenly recorded as Eli). That information was almost certainly a mistake, as it was a less serious offense than either of those charged in the Magistrates Court and would only make sense if there was no evidence of him either breaking a window or inciting others. The two charges against Brown are reported in the Home News story about his appearance in the Magistrates Court.

Brown was held in custody by Magistrate Renaud on March 20 and then returned to the court on March 25, March 27, and again on April 1, appearances recorded only in the docket book. There is no information on why prosecutors needed this much time to investigate the case. On the last occasion, Magistrate Stern held Brown for the grand jury on the riot charge, and sent him to the Court of Special Sessions to be tried on the charge of malicious mischief (indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony). Two weeks later, on April 15, Brown's case was presented to the grand jury, who sent him to the Court of Special Sessions to be tried for the lesser, misdemeanor form of the offense of riot. The outcomes of Brown's two trials in the Court of Special Sessions are unknown. As he was charged in the Harlem Magistrates Court, he should have been in the 28th Precinct police blotter, but he does not appear in the transcript in the MCCH records. Bernard Smith was also charged with both riot and malicious mischief, alleged, like Brown, to have both broken a store window and urged others to do the same. In Smith's case, the grand jury dismissed the riot charge, and the malicious mischief charge was reduced to one of disorderly conduct, of which the Magistrate found him guilty and sentenced him to five days in the Workhouse.
Paul Boyett arrested Around 9:00 PM, Patrolman George Conn arrested Paul Boyett, a twenty-eight-year-old Black garage worker, for assaulting Timothy Murphy, a twenty-nine-year-old white rock driller. Conn testified in the Magistrates Court that he had come upon a crowd attacking Murphy on West 127th Street between 8th Avenue and St. Nicholas Avenue. He may have been in a radio car as the New York Amsterdam News reported "police drove up." After firing his pistol into the air to scatter the crowd, he then called on Boyett to halt, and when he did not, shot him. Although the bullet struck Boyett in his back or shoulder, he was able to continue running toward his home, only a few buildings away at 310 West 127th Street. Conn pursued him, eventually catching him in the building hallway. Boyett denied assaulting Murphy, testifying that he had been “an innocent onlooker” drawn to the “disturbance," the New York Amsterdam News reported, and “struck no one at that time.” In the confusion as the crowd rushed to leave when police appeared, a bullet hit him.

Conn was based at the 30th Precinct; St. Nicholas Avenue was the boundary between that precinct and the 28th Precinct. Rather than taking Boyett to his own precinct, Conn took him to the 28th Precinct station on West 123rd Street, as Boyett appeared in that precinct's police blotter. Hospital records indicate that a doctor from Knickerbocker Hospital treated Boyett's wound before he was placed in a cell. That hospital record and New York Herald Tribune, Daily News, Brooklyn Daily Eagle, and Associated Press reported Boyett had been shot in the right shoulder. Several newspapers reported other locations for the injury: the Daily Mirror in the left shoulder, the New York American and Home News in the shoulder, and the New York Times, New York Sun, and New York Evening Journal reported the wound was in his back.

Boyett appear in lists of the injured published in the New York Evening Journal, New York Post, Daily News, and New York American, and in a list of those shot in the Brooklyn Daily Eagle and New York Herald Tribune. He also appears in the lists of the arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, the Daily News, New York American, and New York Evening Journal.

Boyett appeared in the Harlem Magistrates Court on March 20, charged with felonious assault. The docket book indicates that he was remanded until March 22, and then again on March 25 and April 1, before Magistrate Renaud sent him to the grand jury on April 9. Unusually, Boyett did not appear in any of the newspaper stories about the legal proceedings after the disorder. On April 23, the grand jury heard the case against Boyett, according to the district attorney's case file records; they indicted him for first degree assault. His trial in the Court of General Sessions occurred just over a month later, on May 29, where his lawyer was William T. Andrews, a prominent member of Harlem's elite elected to the New York State Assembly in 1934. Boyett testified he had been “an innocent onlooker” drawn to the “disturbance," the New York Amsterdam News reported, and “struck no one at that time.” In the confusion as the crowd rushed to leave as police appeared, a bullet hit him. There is no mention in that story of what evidence was presented at Boyett's trial. Whatever it was, the jury acquitted Boyett, an outcome that indicated they accepted his account.

The 28th Precinct police blotter recorded the outcome of that trial but the only source for details is that brief story in the New York Amsterdam News. Headlined "Wins Acquittal in Disturbance Charge," the story only summarized Boyett's testimony and included no details of the alleged assault on Murphy or Conn's account of the shooting. In that way it fit with the approach Black newspapers took of not reporting alleged violence against whites during the disorder. The story mistakenly identified the complainant as Kennedy Murphy rather than Timothy Murphy, and mispelled Boyett's last name as Boyette.
Leo Smith arrested Sometime during the disorder, Officer Williams of the 6th Detective Division arrested Leo Smith, an eighteen-year-old white man, for allegedly "throwing a stone through a Seventh Avenue window," according to a story in the New York Herald Tribune. The specific location of the damaged store is not given. However, Smith was one of three men arrested during the disorder arraigned in the Night Court, during the disorder on March 19, the New York Herald Tribune reported, so was arrested early in the disorder, likely near 125th Street, where the initial events were concentrated. In reporting that Smith was "accused of smashing a store window," a story in the Home News gave the address as 3180 7th Avenue, a non-existent address. He lived well to the east of Harlem, at 305 East 118th Street, between Second and First Avenues, an area with only white residents.

Smith was included in lists of those arrested in the disorder charged with disorderly conduct published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, in the New York Evening Journal and in the New York American, and without a charge in a list published in the Daily News. He was not included, however, in the transcript of the 28th Precinct police blotter, likely because he was arrested and sent to the Night Court on March 19 (although one of the two other men arraigned in the Night Court, Claudius Jones, is in the transcript). There Magistrate Capshaw held him for the Magistrates Court, on bail of $500. On March 20, Smith appeared in the Harlem Magistrates Court, charged with disorderly conduct. Magistrate Renaud tried and convicted him that day, holding him for sentence, according to the Harlem Magistrates Court docket book and a story in the Home News. According to the Daily News, Smith had a white lawyer (although none was recorded in the docket book). The unnamed lawyer attracted the reporter's attention when he "sought to inject a question of race while a colored patrolman was testifying against" Smith. A slightly less cryptic account of what the lawyer said appeared in the Times Union, the only other newspaper to report the incident: "a lawyer for a white defendant hinted the trouble was started by Negroes and was racial in origin." According to that story, "Negroes in the jammed room muttered disapprovingly" and "Magistrate Renaud quickly reprimanded the attorney." The Daily News quoted the magistrate's words: "The patrolman in this case happens to be colored, the Judge happens to be white and the prosecutor is colored," said Renaud. "We recognize no race, color or creed here. We are looking for justice and law and order." When Smith returned to court on March 23, it was for sentencing, stories in the Afro-American, New York Age, Daily News, and New York Times reported. Magistrate Renaud sent him to the Workhouse for one month, a sentence in the middle of the range of punishments handed out to those arrested in the disorder.

Smith was recorded as white in the Harlem Magistrates Court docket book, in stories about his sentencing in the Afro-American, New York Age, Daily News, and New York Times and in lists published in the New York Evening Journal and Daily News. Neither story about his first appearance in court, in the New York Herald Tribune and the Home News, mentioned his race. His address, well east of the areas of Black residences in Harlem, fit with his recorded race (although the New York Evening Journal, New York Herald Tribune, and Daily News mistakenly recorded his address as West 118th Street). None of the newspaper reporting offered any comment regarding Smith's race.

While many of the white men and women involved in disorder around the time of Smith's arrest were members of Communist Party organizations, the evidence is contradictory in regards to Smith himself. He was represented by a lawyer, as those affiliated with the party typically were, but the statements attributed to his lawyer are at odds with the party's position that the disorder was not a race riot. Given the hostility of the judiciary toward Communists, Smith's sentence might have been expected to be longer. However, Frank Wells, a Black man who appeared to have ties to the party and who was also convicted of disorderly conduct after being arrested for breaking windows, received the same term of one month in the Workhouse.
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.
Viola Woods arrested Officer St. Louis of the 28th Precinct arrested Viola Woods, a twenty-eight-year-old Black woman, for allegedly smashing the window of a vacant store at 2314 8th Avenue with an umbrella sometime during the disorder. There was no information on when during the disorder the arrest took place. The most likely time would be around 10:00 PM, when the disorder intensified and many of those at the nearby intersection of 8th Avenue and 125th Street began to move up and down the avenue. Only a New York Amsterdam News story identified the store as vacant; a list in the New York American and stories in the Home News and New York Times provided only the address. The vacant store was in the block between 125th and 124th Streets, where four other stores had windows broken, including two other empty stores at 2320 8th Avenue and 2324 8th Avenue, the Arrow Sales 5 & 10c store at 2318 8th Avenue and Andy's Florist on the southeast corner of 125th Street. Those other damaged stores were all included in a list of those with broken windows made by a reporter for La Prensa who walked west along 125th Street and and up and down 8th Avenue a block north and south of the intersection on the day after the disorder. It was possible the store whose window Woods allegedly broke was not on that list because it suffered only minor damage; the La Prensa reporter concluded their list by noting they had not included others as they had only suffered minor damage ("y otras mas que por ser los danos ocasionados relativamente pequeños no creimus de interes catalogar entre los establecimientos ya mencionados").

Woods name was misrecorded in the 28th Precinct police blotter as Viola Williams, a mistake repeated in the list of those arrested during the disorder published in in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and the list in the New York Evening Journal. The New York American misreported Woods' name as Loyola Williams. Another woman named Loyola Williams was arrested during the disorder and charged with burglary. Both women were recorded as being twenty-eight-years of age and living at 301 West 130th Street. While these overlapping details might indicate the reports refer to a single woman, both Loyola Williams and Viola Williams [Woods] appear in the list published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and the list in the New York Evening Journal, with Viola Williams [Woods] charged with malicious mischief, an offense involving the destruction of property used in the prosecution of those alleged to have broken windows during the disorder. That is the charge recorded in the 28th Precinct police blotter, with a note reading "Broke window with umbrella." However, when that woman appeared in the Harlem Magistrates Court, the docket book and stories about her two appearances in court in the New York Amsterdam News, Home News, and New York Times recorded her name as Viola Woods.

When Woods appeared in the Harlem Magistrates Court on March 20, the charge against her was disorderly conduct. The change from malicious mischief indicated police did not have evidence that she had broken the window, but only that she had been in the crowds in the area of the attack. Disorderly conduct was a charge that the magistrate could adjudicate, unlike misdemeanor and felony charges that required referral to other courts. Magistrate Renaud ordered Woods held on bail of $100, a court appearance reported in the Home News. Unusually, she was represented by a lawyer, future alderman Eustace Dench of 207 West 125th Street. Dench was one of several prominent members of the Harlem Lawyers Association who represented those arrested during the disorder. When Woods returned to the court on March 28, Magistrate Ford discharged her. The New York Amsterdam News reported that she "was freed for lack of evidence." The New York Times story simply reported that she had been discharged, the outcome recorded in the 28th Precinct police blotter. That outcome suggests Woods was not part of a crowd that clashed with police but likely simply a bystander.

The woman arrested may be the woman named Viola Woods a census enumerator found at 123 West 133rd Street on April 16, 1940. She was the same age and had been in Harlem in 1935. Born in South Carolina, in Hilton Head, she gave birth to a son, William, in 1923, and a second son, Samuel, in 1925, according to their draft registrations. At that time her last name was Bligen. She arrived in Harlem sometime between 1925 and 1930, when she was recorded in the census living at 255 West 143rd Street, with a cousin, working as a domestic servant (both her sons are recorded as living with their father, William Bligen and his wife in Hilton Head until at least 1940). In 1931, she married Chester Woods, a West Indian longshoreman. At the time of the 1940 census, they had four children, aged between ten and two years. When her sons William and Samuel registered for the draft in 1942, Viola Woods was living at 49 West 133rd Street.
Rivers Wright arrested Detective Doyle of the 5th Division arrested Rivers Wright, a twenty-one-year-old Black man, for allegedly being part of a group of men who attacked an unnamed white man at 125th St and Lenox Avenue at some point in the disorder. Wright lived at 2137 7th Avenue, a block west and two blocks north of the site of the alleged assault, and in the heart of the disorder. Police arrived at the intersection around 11:00 PM, so Doyle likely arrested Wright around then or later.

Only one source provided any details of the circumstances of his arrest. The Home News reported on March 21 that Wright was arrested "after he and a number of others are said to have attacked a white man at 125th St and Lenox Ave." Wright appeared in lists of those arrested during the disorder in the Atlanta World, Afro-American,and Norfolk Journal and Guide, the New York American, New York Evening Journal, and Daily News.

Among the first arraigned in the Harlem Magistrates Court on March 20, Wright was charged with disorderly conduct, not assault, as was the case with half of those arrested for assault. As the statute applied only to a person who used "offensive, disorderly, threatening, abusive or insulting language, conduct or behavior," police did not appear to have evidence that Wright participated in the assault. Instead, he may have been part of a crowd nearby, caught up in police efforts to arrest those responsible for the assault. Those circumstances fitted the definition of the offense.

Disorderly conduct was an offense that was adjudicated by a magistrate rather than referred to another court as was the case with misdemeanor and felony offenses. Magistrate Renaud convicted Wright and remanded him for sentence on March 23. On that date, he sent Wright to the Workhouse for ten days. His appearance was widely reported, in stories that named him in the Daily News, New York Times, New York Herald Tribune and New York Age and stories in which he was unnamed in the New York World-Telegram, New York American, New York Post, New York Evening Journal, and Home News. None of those stories mentioned what Wright had allegedly done. Four other men convicted of disorderly conduct sentenced at the same time, after being charged with breaking windows, received terms of thirty days. The disparity in sentence offered further evidence that Wright had not actually been involved in the alleged assault.
Theodore Hughes arrested Some time during the disorder, Officer Carrington of the 32nd Precinct arrested Theodore Hughes, a twenty-two-year-old Black man, for allegedly taking two pieces of salt pork from the broken window of Frendel's meat market at 2360 8th Avenue, according to a story in the New York Herald Tribune and a list in the New York American. Those are the only sources that provide any details of the charges against Hughes. Likely at the same time, Carrington arrested Emmet Williams, a twenty-eight-year-old Black man, for allegedly "breaking window," according to the New York American. The same complainant, Leo Halberg, a butcher employed in the meat market, was recorded as making the charges against both Hughes and Williams in the Harlem Magistrates Court, so it is likely that Williams was alleged to have broken the windows through which Hughes allegedly reached to take the pork.

Located between West 126th and West 127th Streets, the store was in the midst of the blocks of 8th Avenue on which there are reports of violence and police making arrests during the disorder: the arrest of James Hayes for allegedly looting the Danbury Hat store at 2334 8th Avenue near 125th Street; the arrest of Rose Murrell for breaking windows in a grocery store three buildings to the north, on the corner of 127th Street; the arrest of Thomas Babbitt for taking soap from Thomas Drug store a block north; and at the very end of the disorder, the arrest of Jean Jacquelin at 128th Street for looting and police shooting and killing James Thompson across the street from the store. Hughes lived at 50 Old Broadway, on the Upper West Side near West 131st Street, beyond the boundaries of Black Harlem. Given that he was arrested on the western boundary of the disorder, he may have come to the neighborhood from his home.

Hughes appeared in the lists of those charged with larceny published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and in the New York Evening Journal and Daily News. The charge of larceny rather than burglary fits with the circumstance that he did not break the store window mentioned in the New York American. He was among the first of those arrested in the disorder to appear in the Harlem Magistrate's Court on March 20. Sent to the Court of Special Sessions by Magistrate Renaud, Hughes was held on $500 bail. There was no evidence of the outcome of his trial. He, and Emmet Williams, are some of the few who appeared in the Harlem Magistrate's Court on March 20 not mentioned in the Home News story on March 21 that provides brief details of those hearings. Given the location of the market, Hughes, and Williams, should have been taken to the 28th Precinct and appear in their blotter, but they do not. Carrington may have instead taken them to his own precinct, the 32nd, on West 135th Street.

There is some conflicting information about Hughes' racial identity in the sources. The list published in the Daily News identified him as white; however, that list misidentified several of the other people arrested in the disorder as white. The Harlem Magistrate's Court docket book, the one official source that included Hughes, recorded his race as "B[lack]."
Leroy Gillard arrested Patrolman Irwin Young alleged that around 10:10 PM, he "saw the window of [Morris Sankin's tailor's] store being broken" and then saw a forty-six-year-old unemployed Black man named Leroy Gillard go into the store through the broken window and emerge with two suits of clothing, each valued at $25. The phrasing of the affidavit implied that Gillard did not break the window, so there may have been others there at the time who escaped arrest. Certainly more clothing was stolen, to the value of $800, than Gillard allegedly had in his possession. The affidavit left those possibilities open by including the stock phrasing that Gillard's alleged crime was committed "while acting in concert with a number of others not yet arrested."

Sankin's store was set back from 7th Avenue in a single story structure located between the rear of the five-story building on the corner of West 128th Street and 7th Avenue and the first of a block of eight three-story brownstone apartment buildings that stretched for roughly a quarter of the block. Gillard may not have come to the store from 7th Avenue as he lived at 208 West 128th Street, just four buildings west of the store. Officer Young was likely on the corner of 7th Avenue and West 128th Street, as police tended to take up positions at intersections. Young had been one of the officers in front of Kress' store four hours earlier, during which time he was allegedly assaulted by Harry Gordon as he arrested him for trying to speak to the crowd.

Leroy Gillard appeared in the Harlem Magistrate's Court on March 20, immediately before Jean Jacquelin, a twenty-eight-year-old white chauffeur arrested near the end of the disorder, at 5:40 AM, allegedly in possession of two ladies' coats, valued at $20 each, and two pairs of trousers, valued at $5 each, identified by Morris Sankin as also coming from his store. As Sankin had not returned to his store until 8:00 AM that morning, its contents would have been accessible through the broken window throughout the disorder. Jacquelin had been arrested away from the store, at the 8th Avenue end of West 128th Street, and like Gillard, lived on the same block as the store. A story in the Home News reported that the two men stole all $800 of clothing taken from Sankin's store rather than the items worth $100 allegedly found on them.

Gillard appeared in more newspapers than most of those arrested for looting. That is likely because police arrested him early in the disorder, so would have been able to provide his name to reporters for several hours. The New York Herald Tribune singled out Gillard as "the first arrest for alleged looting" during the disorder and described the arrest as taking place inside the store (and misspelled his last name as Gilliard as all the newspapers but the Home News did). As well as appearing in the Home News story, the list of those arrested and charged with burglary published by the Atlanta World, Afro-American, and Norfolk Journal and Guide and the list published by the New York Evening Journal, he was included in a list in an earlier edition of the New York Evening Journal (which mistakenly listed the charge against him as disorderly conduct), a list in the New York American, and a list in the Daily News (which mistakenly identified him as a white man in one edition).

The magistrate sent both Gillard and Jacquelin to the grand jury. On April 5, the grand jury determined that Gillard should only be charged with a misdemeanor, not felony burglary and sent him to the Court of Special Sessions. The grand jury disposed of Jacquelin's case in the same way. Those decisions indicated a lack of evidence that the men had broken into the store, a requirement for a charge of burglary. The charge voted by the grand jury was therefore likely larceny for taking the clothing; as those items were valued at less than $100, the men could only be charged with petit larceny. According to the 28th Precinct police blotter, on April 11 the judges dismissed the charges against Jacquelin. It took almost two more weeks before Gillard was tried, on April 23. The judges then convicted him and sentenced him to the Workhouse for three months.
James Smith arrested Sometime during the disorder, Officer C. G. Weiler of the 32nd Precinct arrested James Smith, a seventeen-year-old Black man. Smith appeared in the lists of those arrested in the disorder charged with burglary published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, in the New York Evening Journal and in the Daily News. By the time that Smith appeared in the Washington Heights Magistrates Court on March 20, the charge against him had been reduced to disorderly conduct, a charge recorded in the docket book and reported in New York American. That change suggests that police did not have any evidence that Smith had taken any merchandise, or had been trying to take merchandise, the acts that constituted the offenses of burglary and larceny. He may have been accused of breaking store windows; a third of those police alleged broke windows faced a charge of disorderly conduct. But the definition of the offense did not actually encompass property damage, only various forms of breach of the peace. If the prosecutor was employing the charge in line with that definition, it was likely Smith had been part of a crowd near a looted store, but police could not establish that he attacked or took items from the store.

Magistrate Ford convicted Smith and sentenced him to six months in the Workhouse, an outcome recorded in the docket book and reported in the New York Herald Tribune and Home News and later in the New York Age. That was the maximum prison term the Magistrate could impose for disorderly conduct, and one of the heaviest punishments given to those arrested during the disorder. Notwithstanding the decision to charge him with disorderly conduct, that outcome suggests that police did allege that Smith had been involved in looting.

There is considerable variation in Smith's age and home address in as reported in the press. The docket book recorded him as seventeen years of age and living at 125 West 123rd Street, near the heart of the disorder. The New York Evening Journal and Daily News reported that home address, but Smith as eighteen years of age. The New York Herald Tribune, Home News, and New York Age reported Smith was forty-eight years of age, living at 112 West 136th Street, while the New York American reported his age as twenty-six years and his home as 158 West 123rd Street. Based on the docket book, the stories could not refer to anyone else who appeared in the Washington Heights Magistrates Court on March 20 other than James Smith.
Claudius Jones arrested Sometime early in the disorder, Claudius Jones, a twenty-four-year-old Black man who lived at 306 West 120th Street, was arrested. The two sources that mention Jones' alleged offense provide different descriptions. The note on the 28th Precinct police blotter described his offense as "Threw ash can in store window," whereas a story in the New York Herald Tribune that mentions his arraignment in the Night Court described Jones as "refusing to obey police order to move away from a Harlem corner.”

Neither the charge brought against Jones nor the outcome of his prosecution help resolve that contradiction. Both the 28th Precinct police blotter and the story in the New York Herald Tribune, as well as lists of those arrested during the disorder in the Atlanta World, Afro-American, Norfolk Journal and Guide, and New York Evening Journal and the New York American agree that he was charged with disorderly conduct (the Daily News did not include a charge). Only the 28th Precinct police blotter and the New York Herald Tribune mention the outcome of the prosecution, agreeing that Magistrate Capshaw found Jones guilty and gave him a suspended sentence. Both the charge and the outcome were common for those arrested for breaking windows and refusing to move on.

Arraignment in the Night Court, which opened at 8:00 PM and closed no earlier than 1:00 AM, suggests that Jones was arrested early in the disorder, and certainly before midnight, as the 28th Precinct police blotter recorded the arraignment as occurring on March 19, and likely before 10:00 PM, given when the others arraigned on March 19 were arrested. Five individuals recorded in the 28th Precinct Police Blotter as arraigned on March 19 were arrested before 10:10 PM: Margaret Mitchell, arrested around 5:00 PM; Claudio Viabolo, arrested around 6:45 PM; Paul Boyett, arrested around 9:00 PM; James Hughes, arrested around 10:00 PM; and Leroy Gillard, arrested around 10:10 PM. For four others, like Claudius Jones, there was no information on the time of their arrest: Louise Brown, William Jones, Rose Murrell, and Loyola Williams. Six other men that other sources show were arrested before 10:00 PM, Sam Jameson and Murray Samuels, arrested with Viabolo, the two speakers arrested before that group, Daniel Miller and Harry Gordon, Frank Wells, and Leroy Brown, are missing from the transcript of the 28th Precinct police blotter.
Arthur Killen arrested Officer Platt of the 40th Precinct arrested Arthur Killen, a forty-three-year-old Black man, allegedly "after he threw a stone through the window" of the Truss Shop at 2136 7th Avenue, according to a Home News story. After the arrest, that story went on, police found an "open knife" in his possession. The newspaper story did not mention when Platt arrested Killen. Groups from 125th Street had begun to move north on 7th Avenue around 8:30 PM, and some broke store windows as they went. However, police were not deployed on these blocks of 7th Avenue until around 9:30 PM. Patrolman Edward Doran arrested Leroy Brown for breaking windows a block further north on the other side of 7th Avenue at 9:45 PM. Killen was likely arrested around that time. An arrest later, at 10:10 PM, a block north on the same side of 7th Avenue as Killen's arrest, was of an alleged looter. The shift from breaking windows to taking goods generally came sometime after store windows had been broken, so that arrest suggested that the behavior of the crowd had changed — or at least who police sought to arrest had changed. Certainly, there was no evidence of arrests for breaking windows in this area after 10:00 PM, making it unlikely Killen was arrested later in the disorder.

Killen lived at 277 West 127th Street, at the western end of the block that intersected with 7th Avenue near the Truss Shop. He appeared in the Harlem Magistrate's Court on March 20, charged with both malicious mischief and possession of a knife. Magistrate Renaud transferred Killen to the Court of Special Sessions, and held him on bail of $500 for each charge. Renaud's decision indicated that the value of the damage to the window was not more than $250, the level required for the charge of malicious mischief to be a felony, and that Killen did not have a previous conviction, which would have made possession of the knife a felony. The outcome of his prosecutions are unknown.

A story in the Home News about Killen's appearance in the Magistrates Court was the only evidence that connected him to 2136 7th Avenue. Killen appeared in lists of those arrested during the disorder, with the charges against him variously recorded as inciting a riot in the Atlanta World, Afro-American, and Norfolk Journal and Guide, disorderly conduct in the New York American, "concealed weapons" in the Daily News, and disorderly conduct and possession of a weapon in the list in the New York Evening Journal. Those inconsistencies likely resulted from Killen being charged with more than one offense, which was unusual for those arrested during the disorder. Given that he appeared in the Harlem Magistrates Court, Killen should have been in the 28th Precinct Police blotter, which would have included information on the outcome of his prosecution. However, Killen was missing from that record.

The Daily News identified Killen as a white man, but the Harlem Magistrate's Court docket book recorded him as a Black man. The Daily News misidentified several of those arrested as white.
Emmet Williams arrested Sometime during the disorder, Officer Carrington of the 32nd Precinct arrested Emmet Williams, a twenty-eight-year-old Black man, for allegedly breaking a window in Frendel's meat market at 2360 8th Avenue. There are no sources that clearly describe what Williams allegedly did. He is identified as "breaking window" in a list in the New York American, which fits the charge made against him in the Harlem Magistrates Court, malicious mischief. That offense involved damage to property, and all those arrested during the disorder who faced that charge had allegedly broken windows. Leo Halberg, a butcher employed in the meat market is recorded as the complainant against Williams in the Harlem Magistrates Court docket book, by "marks that refer to his details in the row above, the record of the appearance of Theodore Hughes." The clerk used the same marks to identify Carrington as the arresting officer. He arrested Hughes, a twenty-two-year-old Black man, for allegedly taking two pieces of salt pork from the broken window of the meat market, according to a story in the New York Herald Tribune and a list in the New York American. The latter source specified that Hughes had taken the pork from an already broken window; Williams likely allegedly broke the window.

The home address recorded for Williams in the docket book, 242 West 127th Street, was only half a block west of 8th Avenue. The meat market was midway between 127th and 126th Streets, on the east side of 8th Avenue. He was likely drawn to the area by the multiple incidents of attacks on windows, looting, and violence reported there during the disorder: the arrest of James Hayes for allegedly looting the Danbury Hat store at 2334 8th Avenue near 125th Street; the arrest of Rose Murrell for breaking windows in a grocery store three buildings to the north, on the corner of 127th Street; the arrest of Thomas Babbitt for taking soap from Thomas Drug store a block north; and at the very end of the disorder, the arrest of Jean Jacquelin at 128th Street for looting and police shooting and killing James Thompson across the street from the store.

Williams appears in the list of those charged with inciting a riot published in the Atlanta World, Afro-American, and Norfolk Journal and Guide. A list published in the Daily News, which misreported his name as "Emmet Hughes" and his race as white, listed the charge against him as disorderly conduct. In the court docket book, Williams was recorded as Black. Arraigned in the Harlem Magistrates Court on March 20, directly after Hughes, the charge against Williams was malicious mischief. Several of the other people arrested during the disorder charged with breaking windows likewise were reported as charged with inciting a riot or disorderly conduct, but were then charged with malicious mischief in court. Like Theodore Hughes, Magistrate Renaud sent him to the Court of Special Sessions and held him on bail of $500 (indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony). There is also no evidence of the outcome of his trial. Williams and Hughes are two of the few of those who appeared in the Harlem Magistrate's Court not mentioned in the Home News story on March 21 that provides brief details of the charges against those arrested in the disorder. Given the location of the market, Williams and Hughes should have been taken to the 28th Precinct and appear in their blotter, but they do not. Carrington may have instead taken them to his own precinct, the 32nd, on West 135th Street.
Vacant store windows broken (2314 8th Avenue) The windows of a vacant store at 2314 8th Avenue were broken sometime during the disorder, perhaps in the first hours of the disorder, when crowds around Kress' store on West 125th Street moved down 8th Avenue to 124th Street, to the rear of the store. The vacant store was in the block between 125th and 124th Streets, where four other stores had windows broken, including two other empty stores at 2320 8th Avenue and 2324 8th Avenue, the Arrow Sales 5 & 10c store at 2318 8th Avenue, and Andy's Florist on the southeast corner of 125th Street. Those other damaged stores were all included in a list of those with broken windows made by a reporter for La Prensa who walked west along 125th Street and up and down 8th Avenue a block north and south of the intersection on the day after the disorder. It is possible this store was not on that list because it suffered only minor damage; the La Prensa reporter concluded their list by noting they had not included others as they had only suffered minor damage ("y otras mas que por ser los danos ocasionados relativamente pequeños no creimus de interes catalogar entre los establecimientos ya mencionados").

Officer St. Louis of the 28th Precinct arrested Viola Woods, a twenty-eight-year-old Black woman, for allegedly smashing the store window with an umbrella. There is no information on when during the disorder the arrest took place. Only a New York Amsterdam News story identified the store as vacant; a list in the New York American and stories in the Home News and New York Times provided only the address. After being charged with disorderly conduct in the Harlem Magistrates Court on March 20, Woods was ordered held on bail of $100 by Magistrate Renaud. When she was returned to the court on March 28, Magistrate Ford discharged her, the New York Amsterdam News reporting that she "was freed for lack of evidence."

By the second half of 1935, when the MCCH business survey was conducted, a white-owned restaurant was located at 2314 8th Avenue. The Tax Department photograph shows a one-story building constructed after 1935.
Truss shop windows broken Windows were broken in Fred Noble's Truss Shop at 2136 7th Avenue sometime during the disorder. Just south of the intersection with West 127th Street, the store was in the midst of the three-block section of 7th Avenue north of West 125th Street that saw multiple reported broken windows and looting, and three assaults on whites, including both James Wrigley and a Fifth Avenue Coach Company bus being hit by objects. Officer Platt's arrest of Arthur Killen for allegedly breaking windows in the Truss Shop was the only arrest that can be identified as having occurred in this area during the disorder. When police searched Killen they found an "open knife" in his possession, according to a Home News story.

A forty-three-year-old Black man, Killen lived at 277 West 127th Street, at the western end of the block that intersected with 7th Avenue near the Truss Shop. He appeared in the Harlem Magistrate's Court on March 20, charged with both malicious mischief and possession of a knife. Magistrate Renaud transferred Killen to the Court of Special Sessions, and held him on bail of $500. The outcome of his prosecution is unknown.

A story in the Home News about his appearance in the Magistrates Court is the only evidence connecting Killen to 2136 7th Avenue, which it identified as a "surgical instrument store." The MCCH business survey taken in the second half of 1935 identified the business as a "Truss Shop;" a truss is a surgical appliance, typically used by hernia patients. Killen appeared in lists of those arrested during the disorder, with the charges against him variously recorded as inciting a riot in the Atlanta World, Afro-American and Norfolk Journal and Guide, disorderly conduct in the New York American, "concealed weapons" in the New York Daily News, and disorderly conduct and possession of a weapon in the list in New York Evening Journal. The New York Daily News identified Killen as a white man, but the Harlem Magistrate's Court docket book recorded him as a Black man.

A white-owned "Truss Shop" is recorded at 2136 7th Avenue, with the owner identified as Noble, in the MCCH business survey. In the Tax Department photograph from sometime between 1939 and 1941 the name of the business at that address is not visible.