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

"Harlem's Merchants Appeal for Troops," New York Daily News, March 21, 1935, 3.

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Edward Larry arrested At 1.00 AM Patrolman William Clements observed Edward Larry, a twenty-six-year-old Black laborer traveling in a taxi at West 123rd Street and 7th Avenue. He stopped the taxi, and found that Larry had a box containing eight shirts, with a value of $12. Not satisfied with Larry’s explanation that he had found the shirts on the street at West 129th Street and Lenox Avenue, Clements took him to the 28th Precinct for further questioning. The Magistrates Court affidavit simply described Clement as arresting Larry; the Home News report of Larry's appearance in the Magistrates Court described Clements arresting Larry "as he was about to get into a taxicab with two boxes containing a dozen shirts." The more detailed account in the Probation Department investigation described Clement stopping the cab.

Larry was one of nine men arrested away from the scene of their alleged crime, a group making up one third (9/27) of the arrests for which that information is known (27/60). He was the only one arrested in a vehicle, although a photograph published in the New York Evening Journal indicates that this was not the only instance in which police stopped vehicles. Larry told police he was returning home with the box he had found on the street, to the Salvation Army shelter at 224 West 124th Street, behind Kress' store (some reports listed the address as 218 West 124th Street; the MCCH business survey records that the Salvation Army operated in both buildings). He had lived there for a month, after spending two weeks at the Belmont Hotel on the Bowery, and the previous thirty days in the workhouse serving a sentence for pickpocketing.

At the police station, Morris Towbin saw Larry, and identified him as one of a group of men who had threatened him and robbed his haberdashery store at 101 West 125th Street at 10.30 PM the previous evening. Towbin also identified the shirts in Larry's possession as from his store, part of $2000 of merchandise stolen, $1000 of fixtures destroyed and $226.89 worth of plate glass windows smashed. Towbin's encounter with Larry is described only in the more detailed account in the Probation Department investigation. The Magistrates Court affidavit recorded only that Towbin had identified the shirts, a standard feature of a charge when an individual had not been seen stealing goods, and that he could "positively identify the defendant as one of the men" who had robbed him. In the Police Blotter the charge against Larry is burglary, suggesting that Towbin's identification came after his initial booking, and not before that information was provided to reporters, as the list of those arrested in the Atlanta World, Afro-American, and Norfolk Journal and Gazette, and the list in the New York Evening Journal both include Larry among those charged with burglary. Towbin's allegation of force changed the charge to robbery, which is the charge made against Larry in the Harlem Magistrates Court. However, there is no mention of force or robbery in the story covering his court appearance in the Home News, or in reports of Towbin's statements as president of Harlem Merchants Association in the New York Daily News and Home News. Nor did police find a knife in Larry's possession, the weapon with which Tobin said he had been threatened. Nor did Larry's history suggest he would have used a weapon; none of his convictions involved the use of force.

When Larry was arraigned in Harlem Magistrates Court on March 20, Magistrate Renaud held him without bail for the grand jury, one of only ? arrested during the disorder for which Magistrates did not set bail. Nine days later, on March 29, the grand jury indicted him for Robbery in the first degree. Rather than go to trial, Larry agreed to a plea bargain. On April 5 he appeared in the Court of General Sessions to plead guilty to Attempted Grand Larceny in the second degree, a felony punishable by up to five years in prison rather than up to twenty years, the punishment for Robbery in the first degree. Ten days later, after an investigation by the Probation Department, Judge Nott sentenced Larry to a term of between fifteen months and thirty months in the State Prison. (The 28th Precinct Police Blotter recorded a different sentence of six months to two years, but Probation Department investigation and a response to the Parole Board in the District Attorney's case file both record the longer sentence). That was the longest sentence given to anyone arrested in the disorder, a reflection of the charge, and of Larry’s criminal record. He had been convicted three times for picking pockets in New York City in the three years before the disorder, and most significantly, convicted for grand larceny in West Virginia in 1928. New York's Habitual Offender statute, commonly known as the Baumes Act, required that in cases involving individuals with a previous conviction for a felony that any plea bargain be to a felony and set minimum sentences based on the previous felony conviction.

Larry had been born in Wilmington, North Carolina, in 1909. His mother died when he was three years of age, leaving his father, and later stepmother to raise him. In 1921, a year after leaving school at age eleven years to work in a cotton press, Larry left home. In the only response the Probation Department received to the letters they sent inquiring about Larry's history, the Wilmington Public Welfare Commission reported an interview with his half-sister Rose, in which she said he found work in a coal mine in West Virginia. Larry himself told the Probation Department officer G. H. Royal that he first worked briefly for a transportation company, traveling to Providence, Rhode Island, where he spent two months in a fish factory, followed by time on a truck in Far Rockaway, New York, then in a steel mill in Pittsburgh and a coal mine in Carnegie, Pennsylvania. Beginning in 1924, aged fifteen, he began working irregularly for carnival companies that traveled the North in the summer and the South in the winter.

In February 1928, carnival work, or perhaps coal mining, brought Larry to Welch, West Virginia, where he was convicted of grand larceny. The court did not respond to the Probation Department's request for details of the case; Larry told them that he and another man were accused of stealing money from a drunken man in a poolroom (given Larry's record, the theft was likely accomplished by pickpocketing). Sentenced to six years in the State Prison, Larry said he served four years and eight months, which would have seen him released in June 1932. By May 28, 1933, Larry was in New York City; he also said that earlier that month, while working in a carnival, he married Cora Temple, a dancer, in Elizabeth City, North Carolina. In New York City, Larry was arrested for pickpocketing, with the criminal record in the District Attorney's case file specifying "lush," slicing open the pocket of a drunken individual, and sentenced to thirty days in the workhouse. After his release he remained in New York City for at least six months, presumably with his wife Cora, but without a home and relying on charity. According to his half sister, Larry returned to Wilmington in December 1933, and found work as a stevedore until July 1934; he told the Probation Department he did not visit until July 1934, and left his wife there while he looked for work.

Almost as soon as Larry arrived back in New York City, on July 29, police arrested him for pickpocketing, again lush according to the criminal record in the District Attorney's case file. On this occasion he was sentenced to six months in the workhouse. Released in January 1935, it was less than a month before officers from the police pickpocket squad arrested him again, and he spent a further 30 days in the workhouse. In the month between his release and the disorder, he told the Probation Department that he spent a week working on a Salvation Army project in Flushing, Long Island.
Morris Towbin's haberdashery store looted Around 10.30 PM, a group of eight men entered Morris Towbin's haberdashery store on the corner of West 125th Street and Lenox Avenue. Towbin and a clerk named Cy Bear were in the store, apparently still open for business despite the crowds around Kress' store and breaking windows in other stores one block away on West 125th Street. In his affidavit in the Magistrates Court Towbin described the men using “force and fear and…threatening to kill” to steal goods from the store with a value of $5000, breaking windows and store fixtures in the process. A Probation Department investigation by G. H. Royal used more sensational language to also describe a robbery, in which “the defendant and a group of hoodlums…brandished knives with which they threatened [Towbin] and his clerk, demolished fixtures and perpetrated other acts of vandalism,” after which they forced the men into the basement of the store. However, the Police Blotter and newspaper reports of the arrest of a man who allegedly took part labeled the event as looting, without mention of threats of violence. The charge recorded in the blotter is burglary not robbery, and it is that charge that is reported in the list in the Atlanta World, Afro-American, and Norfolk Journal and Gazette, and the list in the New York Evening Journal. The Home News report of the Magistrates Court hearing includes no mention of the force in the affidavit, describing Towbin’s store as looted, the goods carried out, and the windows smashed, and not noting that the charge brought was robbery not burglary. Reporting of Towbin’s statements as president of Harlem Merchants Association after the disorder likewise referred to a looting, with the New York Daily News identifying his store as one “into which hoodlums broke and stole several thousand dollars worth of merchandise,” and the Home News as “one of those wrecked during the disorder.” Moreover, the arrest of the man charged occurred away from the store, and was based on the goods he had in his possession, as in the other arrests for looting away from the scene of the crime. He was not charged with possession of a knife, so did not have the weapon Towbin alleged had been used and provided the legal basis for charging robbery not burglary. Given this evidence, the thefts from the haberdashery store have been categorized as looting, not robbery.

Towbin initially reported losses of $5000, but, after taking an inventory, told the Probation Department officer that only $2000 of goods had been stolen. His insurance paid $1000 for the goods taken from inside the store; the policy did not cover the goods taken from the store window. Another insurance company replaced the smashed plate glass windows, at a cost of $226.89, but the damaged fixtures, Towbin estimated, would cost an additional $1000 to replace. That he was well-insured suggested that Towbin’s business was more established than many of those on Harlem’s avenues. It certainly occupied a prime location, next to an entrance to the 125th Street subway station, through which crowds entered and exited the neighborhood. Towbin’s leadership of the Harlem Merchants Association, an all-white organization established during the picketing of white business on West 125th Street in 1934, also suggests his standing in the white business community. It is not surprising, then, that he remained in business in the years immediately after the disorder.

At 1.00 AM Patrolman William Clements observed Edward Larry, a twenty-six-year-old Black laborer traveling in a taxi at West 123rd Street and 7th Avenue. He stopped the taxi, and found that Larry had a box containing eight shirts, with a value of $12. Not satisfied with Larry’s explanation that he had found the shirts on the street at West 129th Street and Lenox Avenue, Clements took him to the 28th Precinct for further questioning. He was one of nine men arrested away from the store they had allegedly looted, a group making up one third (9/27) of the arrests for which that information is known (27/60).

Towbin was at the police station, where he had gone to report the theft from his store once the group of men fled. It is not clear how he had spent the two and a half hours since the men entered his store; it would have taken some time for a group of men, even if joined by others, to remove $2000 of goods, so he may have been in the basement for much of that time, and given the growing scale of the disorder, he also may have had to wait some time at the 28th Precinct station to report the theft. Regardless, he saw Larry there, and identified him as one of the men who had threatened him, and the shirts in Larry's possession as from his store. That encounter is described only in the more detailed account included in the Probation Department investigation, not the Magistrates Court affidavit. Had Towbin only identified the property Larry would have been charged with burglary; the allegation of force changed the charge to robbery. That the the charge against Larry is recorded in the police blotter as burglary suggests that Towbin's identification came after Larry's initial booking, as police charged others arrested away from looted stores in possession of goods suspected of being stolen with burglary.

Arraigned in Harlem Magistrates Court on March 20 and held without bail, Larry was indicted for robbery by the grand jury. Rather than go to trial, he agreed to plead guilty to Attempted Grand Larceny in the second degree. The judge sentenced Larry to a term of between fifteen months and thirty months in the State Prison. That was the longest sentence given to anyone arrested in the disorder, a reflection of the charge, and of Larry’s criminal record, which included three convictions for pickpocketing in the three years before the disorder, and most significantly, a conviction for grand larceny in West Virginia in 1928.