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Herbert Hunter arrested
Hunter appeared in the list of those charged with burglary published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and the list published in the New York Evening Journal. The 28th Precinct Police Blotter also recorded the charge against Hunter as burglary, with the note "Burglarised store during riot." The Daily Worker more precisely described his alleged offense as "stealing groceries."
Hunter was arraigned in the Harlem Magistrates Court on March 20 with Elizabeth Tai and Arthur Davis, also charged with burglary. Magistrate Renaud remanded all three to appear again in court (he sent two others arrested by Phillips who appeared at the same time charged with malicious mischief, Charles Wright and William Norris, to the Court of Special Sessions). The docket book recorded only Phillips name and precinct; the story in the Daily Worker identified him as a detective.
When Hunter appeared in court again, on March 22, the docket book recorded no change in the charge against him, but a story in the Home News reported that "the Court" had reduced the charge from burglary to disorderly conduct, as it had for both Tai and Davis. In Tai's case, the docket book did record that the charge had been reduced to disorderly conduct. Had the police presented evidence Hunter had stolen merchandise he would have been charged with either burglary or larceny; had they presented evidence that he had broken windows, the charge would have been malicious mischief. The charge of disorderly conduct suggests he may only have been part of a crowd near the store. Magistrate Renaud found Hunter guilty, an outcome reported in the stories in the Daily News and New York Evening Journal as well as the Home News. He also found Tai and Davis guilty.
Renaud sentenced Hunter to serve ten days in the Workhouse, according to the Harlem Magistrates Court docket book, 28th Precinct Police Blotter and stories in the Home News, Daily News, New York Evening Journal and Daily Worker. Renaud gave Tai and Davis a lesser sentence, a fine of $25 or five days in the Workhouse. Unable to pay the fine, according to a story in the Home News, both were sent to the Workhouse.
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This page references:
- "Transcripts of Police Blotter - Precinct 28, March 19 & 20, 1935," Folder "MCCH - Juvenile Delinquency - 1935-36," Correspondence (Roll 13), Records of Mayor Fiorello H. La Guardia, 1934-1945.
- New York Penal Law, § 404, 407: Burglary in third degree.
- "Harlem Riot Damage is Figured at Half Million," Afro-American, March 30, 1935, 1, 2.
- "List of Dead And Injured In Riot In New York City," Norfolk Journal and Guide, March 30, 1935, 18.
- "Says Economic Conditions in Harlem Are Bad," Atlanta World, March 27, 1935, 1, 2.
- New York Penal Law, § 1298-1299: Petit Larceny
- "'Red Scare' Aims To Hide Negro Misery," Daily Worker, March 23, 1935, 1, 2.
- "Two More Victims of Harlem Riot Die," New York Daily News, March 23, 1935, 15.
- Harlem Magistrates Court docket book
- "List of Those under Arrest in Harlem Riot and the Charges They Face," New York Evening Journal, March 20, 1935, 3.
- "Plan to Indict More in Riots," New York Evening Journal, March 23, 1935, 5.
- "Bronxite Dies in Hospital of Injuries He Received During Harlem Rioting," Home News, March 23, 1935, 3.