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

In the Municipal court on September 20 (1)

It took until September 20 for the first of the claims for damages to come to trial. William Feinstein, the plaintiff, owned a liquor store at 452 Lenox Avenue, for which he filed a claim for $627.40 in damages. He was not one of the business owners represented by Barney Rosenstein; Charles Garfinkel was his attorney, according to the Home News. The trial took place over two days in the Municipal Court, before Judge Shalleck and a jury of six men. After only forty-five minutes of deliberation, the jury awarded Feinstein $450, just over 70% of his claim.

The newspaper stories about the case highlighted that the outcome of the case could set a precedent for other damage claims after the disorder amounting to $1 million. That was almost ten times the $116,000 reported as the total value of the claims in July. None of the stories provided any explanation for that dramatic jump. In fact, the $1 million total was not attributed to any source in stories in the New York Herald Tribune, New York Post, [unknown] Daily News and New York Amsterdam News (which continued to be the only Black newspaper to report the damage claims).  Other stories attributed the number to Judge Shalleck, with the New York Times quoting him as telling the jury when he discharged them, "I understand that there is possibly $1,000,000 in such suits now pending against the city." The New York American published a similar quotation, while the Times Union, WT and Home News paraphrased Shalleck's statement. The New York Times also quoted Mayor La Guardia making the same claim, in his response to the verdict: "That award opens the way to claims against the city amounting to $1,000,000." A paraphrase of that statement appeared in the Daily News. The stories in the New York Herald Tribune, New York American, unknown/EJ that reported a response from the mayor did not include that statement; the Times Union, WT, New York Amsterdam News, New York Post, and Home News did not mention La Guardia at all. The Corporation Counsel lawyers' denial that the case was a test case was reported only in the New York Times. The story dismissed their statement that "each of the many suits growing out of the Harlem riot would be tried on its own merits" by pointing out that "five members of the city's legal staff were present," implying that was far more than was typical for such a trial.

- questions for jury (?) = NYP - NB NYT on jury instruction that fright was reasonable - it took them just 45 minutes to answer (WT)

- Corporation Counsel motion to set aside - on typo issues, not a riot, did not do everything could (NYP) (HT says did not give notice to Mayor or Sheriff)

- Judge supported verdict

- comment on law

- LaG's response “If it were permitted we would have deliberate attempts to start trouble so that someone could collect from the city." [NYT, 9/21]

- little attention to details of case except in NYT - NB how many stories got the address wrong = Lexington Ave instead of Lenox Ave

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