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Inspector Di Martini (Commanding Officer, Sixth Division), "Report of Disorder," (March 20, 1935), 1, Subject Files, Box 179, Folder 10 (Roll 86), Office of the Mayor, Fiorello H. La Guardia records (New York City Municipal Archives).
1 2022-01-20T18:00:06+00:00 Anonymous 1 10 plain 2024-01-27T03:03:51+00:00 AnonymousInspector Di Martini (Commanding Officer, Sixth Division), "Report of Disorder," (March 20, 1935), Subject Files, Box 179, Folder 10 (Roll 86), Office of the Mayor, Fiorello H. La Guardia records (New York City Municipal Archives).
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2020-02-25T19:43:45+00:00
Windows broken (72)
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2024-03-05T21:13:22+00:00
A window in the S. H. Kress 5 & 10c store being hit by an object and breaking began the disorder. Objects thrown at the windows of stores, mostly those with white owners, was the most prevalent event in the following hours, with at least 300 businesses damaged. Such attacks were unfamiliar from the racial disorder of previous decades. Business and residential property had been the targets of violence, but that property had been Black-owned and damaged or destroyed by white crowds. However, white businesses in Harlem had been the focus of protests against their failure to hire Black workers in the years immediately prior to the disorder, culminating in a campaign by a coalition of Black organizations in 1934. Those efforts involved boycotts and pickets, not breaking store windows. A competing campaign by the Communist Party did extend to smashing windows in the Empire Cafeteria. The potential for picketing to lead to violence, and specifically to a “race riot,” was one of the justifications given by the judge in the New York State Supreme Court who outlawed the tactic in 1934, effectively ending the boycott campaign for the hiring of Black workers. That sentiment was echoed after the disorder by Black columnist Theophilus Lewis in the New York Amsterdam News, a critic of the boycott movement: "There was a time, during the peak of the boycott movement, when a slight indiscretion by a policeman, a white salesgirl or a colored shopper who defied the boycott would have started an outburst quite as serious as the recent disorder. The feeling of race antipathy, perhaps not intended by the leaders of the boycott, has remained pent up in the community waiting for a spark to set it off." The turn to breaking windows as a final resort was captured by Gill Horton, a Black former cabaret owner quoted by Joseph Mitchell in the New York World-Telegram after the disorder. "I didn’t throw no rocks," he reportedly said. "I broke my last window when I was going on 10. Of course, if I was pushed a little I might let loose a few bottles and brickbats, but nobody pushed me yet.” Many others in Harlem clearly had been pushed. When James Hughes, a twenty-four-year-old Black shoe repairer returning home, found himself in a crowd at 8th Avenue and West 125th Street, he heard people saying, "Let's break windows," he later testified in court.
Historians Cheryl Greenberg and Larry Greene have argued that decision had the opposite effect to what the judge intended, shutting off an outlet for discontent and protest, and leaving Harlem’s residents with fewer alternatives to violence. The events in front of Kress’ store before someone threw the object that broke one of its windows replicated and recapitulated those tensions. Three men had been protesting the store employees’ treatment of Lino Rivera by walking in front of the store with banners — picketing. Police officers arrested the group, shutting down those means of protest. On this occasion, unlike earlier protests, members of the crowd attacked the store.
The objects thrown at store windows were most often described as rocks or stones, and less often as bricks — the objects recovered from the windows of Herbert’s Blue Diamond jewelry store displayed by a clerk for a Daily News photographer the day after the disorder. All those objects could be found around Harlem. An employee of the Blackbird Inn told a reporter for the New York Post that much of that material came from the island that ran down the middle of 7th Avenue, where stones and debris left after the paving of the street had been dumped. Other larger objects found on the street were sometimes used: ashcans and trashcans. (The tailor’s dummy allegedly thrown through Sam Lefkowitz's store window likely came from another damaged store.) In a handful of cases, the missiles were objects more likely brought from home — bottles, clubs, and hammers — or items individuals happened to have with them, such as umbrellas (there was rain on the night of the disorder). At least two windows in looted stores were allegedly kicked in.
While newspaper reports routinely described store windows as “smashed,” the extent of the damage they suffered varied. A single object generally broke and created a hole in a window rather than shattering it entirely, as is evident in a photograph published in the Daily News that shows a white police officer and a white store manager speaking through a hole in an unidentified shoe store. To remove most or all of the glass from a display window took more than one object, which usually meant more than one person, depending obviously on the size of the window. Stores on West 125th Street, particularly the department stores and those that wrapped around the corners of the intersections with 8th, 7th, and Lenox Avenues had far larger windows than the smaller businesses on the avenues themselves. More extensive damage to windows appears to have been associated with looting, and may have occurred when groups or individuals returned to stores with broken windows to take merchandise. A section of Lenox Avenue in a photograph published by the Daily News and an unpublished image by another photographer shows that variety of damage: closest to the camera is a rental agency with a hole in its window, which still contained the ashcan that created it, that does not appear to be looted; to its left are two grocery stores and a cigar store whose windows are almost entirely gone, and whose contents have been taken. The sources do not offer a clear picture of the extent of the damage to the stores identified as having broken windows but not as looted. The reporter for La Prensa who listed thirty-five businesses with broken windows on Lenox Avenue, West 125th Street, and 8th Avenue, ended their list by alluding to an unspecified number of other stores not on the list that suffered relatively little damage compared with those listed. There are no details for just under half of those identified (33 of 69) in the sources; of the remainder, fragmentary information suggests fourteen businesses could have been suffered limited damage.
Efforts to damage stores may also have extended to destroying merchandise by throwing it into the street, on a night when it rained. The Afro-American most directly reported that practice, in which “the goods was dragged in the wet sidewalk and destroyed.” The New York Times and Atlanta World reported goods taken out of windows and “strewn” and “scattered” on the sidewalk without mention of the intention. So too did Betty Willcox, who told a New York Evening Journal that on West 125th Street, "I saw that the windows of all the stores around there had been shattered and the goods thrown all over the place." Merchandise on the street, however, could also have been a byproduct of looting rather than attacks on businesses, thrown or carried out of stores so they could be taken — as seemed to be the case in a photograph of a damaged grocery store published in the New York Evening Journal. Some of those arrested during the disorder denied "breaking the store windows" and instead insisted "that they had picked the articles up from the street after others had thrown them out of the stores," according to a story in the New York Sun (which dismissed those claims as an effort to avoid responsibility).
When objects broke windows, glass went flying, hitting individuals on at least five occasions. All those reported injuries came after 1:00 AM, so during the period when most of the reported looting took place, and in the areas where that looting was concentrated, on Lenox Avenue from 127th Street to 130th Street and on 7th Avenue and 116th Street. Evidence about the circumstances of those injuries is fragmentary, brief details in lists and hospital records rather than discussions in stories. One record explicitly linked the injuries to windows being broken in stores. In the 32nd Police Precinct book of aided cases, Herbert Holderman was listed as “cut by flying glass when some unknown persons broke windows of stores.” "Flying glass” and “falling glass” were the reported causes of the four other injuries. That glass could have come from smashed windows in cars and buses driving on Harlem's streets, which also had objects thrown at them, although such attacks were reported only on 7th Avenue. Those injuries could also have been the result of throwing objects at windows or climbing or reaching into broken windows to take merchandise. However, crowds of bystanders were on Harlem's streets throughout the disorder, on sidewalks close enough to stores to be hit by glass when someone broke store windows. One storeowner, Herman Young, was also injured by glass from a window broken by a stone.
The seventy-two businesses identified in the sources as having broken windows, and the additional sixty stores looted as well as damaged, amount to around 30% of the total number estimated to have had windows broken. Newspaper stories offered a range of initial assessments of the damage. By noon on March 20, the New York Plate Glass Service Bureau, “whose member companies do 98 per cent of the glass insurance business in the city,” told a reporter for the New York Post that 110 clients had reported broken glass, a fraction of the expected total damage. Other newspapers published totals for the number of windows broken, not stores effected: “at least 130 costly plate gas windows,” according to the New York American; 200 plate-glass store windows according to the New York Times, Brooklyn Daily Eagle, Chicago Defender, and Norfolk Journal and Guide; and “more than 250 windows” according to the New York Herald Tribune, 300 windows in the Afro-American, and “more than 1,000 panes of glass” in the New York Post. Inspector Di Martini offered an "approximate number of windows broken" that totaled 624 in his "Report on Disorder" to the police commissioner on March 20, with the disclaimer that the "extent of property damage cannot be estimated at this time." A later survey of forty-seven insurance companies by the National Bureau of Casualty and Surety Underwriters, reported by the New York Times and Pittsburgh Courier, combined the two counts, reporting claims for 697 plate glass windows in 300 businesses, amounting to two-thirds of the broken windows. With the uninsured glass included, the total damage would have been just over 1,000 windows in around 450 businesses.
“Breakages were most numerous on 125th street, near Seventh avenue,” according to that survey, but also occurred in an area that extended “from 114th to 143rd streets, between Fifth and Eighth Avenues. Several thousand businesses were located in that area, the MCCH business survey found, so attacks away from 125th Street were clearly less extensive. The "approximate number of windows broken" Inspector Di Martini reported to the police commissioner on March 20 was broken down by precincts, with almost all (86%, 538 of 624) located in the 28th Precinct, south of 130th Street. Newspapers stories consistently identified West 125th Street as the most damaged area, with the New York Age specifying the two blocks from 8th to Lenox Avenues, and the New York Herald Tribune identifying the block between 8th and 7th Avenues, on which Kress’ store was located. Those general descriptions are in line with the events which are reported in the sources, which are concentrated on that block, with fewer on the block between 7th and Lenox Avenues. Those blocks were where the disorder originated, and the largest crowds gathered; where Harlem’s largest stores were located; and where all the businesses were white-owned. Beyond 125th Street, newspaper stories presented different pictures of the extent of the area in which windows were broken. As neither the police department nor the MCCH appear to have collected details of the damage, as would happen after the racial disorder in Harlem in 1943, that variation might reflect the limits of what individual reporters investigated or, in the case of very wide areas, a lack of investigation. Only the Daily News identified an area as extensive as the insurance survey, from 110th to 145th Streets. The New York Evening Journal and New York Herald Tribune only encompassed as far south as 120th Street, and as far north as 138th Street. Two newspapers focused only on 7th Avenue, the Pittsburgh Courier reporting smashed windows from 116th to 140th Streets, and the Daily Mirror only from 120th to 125th Streets. The Black newspaper’s area fits the reported events, and suggests an investigation throughout Harlem; the white newspaper included only a portion of that area, the blocks closest to 125th Street. Eighth Avenue attracted special attention in the New York Herald Tribune, which reported “windows broken in virtually every other store and glass covering the sidewalk” from 124th Street to 130th Street, and less damage in the blocks further north. Lenox Avenue, where the reported events are concentrated, drew particular attention only from the Afro-American, which offered the only specific count, that “In the three blocks from 125th to 128th Street, west side Lenox Avenue, there were twenty-two windows broken.” The Times Union offered the vaguest area, "for blocks around the five and ten cent store two-thirds of shop windows had been smashed." The tendency to draw the boundaries at 120th Street, together with inattention to West 116th Street by both the Black and white press, effectively left Spanish-speaking areas of Harlem out of discussions of the disorder.
The businesses reported with windows broken differed from those reported as targets of looting. (Of the seventy-two stores with broken windows, three are unknown, three were vacant, and five were later looted, leaving sixty-one that are identified.) Clothing stores of various types and businesses involving miscellaneous goods (which included department stores, which sold a variety of goods, including clothing but generally not food) were the largest groups; the food stores that made up the largest group of those looted were the smallest portion of those with broken windows. Those different patterns suggest that those who returned to damaged stores to take merchandise, or turned to looting, focused on what they needed, not on the wider range of stores that had been targets earlier in the disorder.
When objects were thrown at windows beyond Kress' store, their targets were initially other businesses on West 125th Street, where all the stores had white owners. As groups moved away from 125th Street, they continued to focus their attacks on white-owned businesses. Five Black-owned businesses were among those identified as having windows broken, a number far below their presence in the neighborhood. Posting signs that identified a business as Black-owned appears to have stopped attacks and prevented windows from being broken. No Black-owned businesses are among those later looted. In addition to Black businesses, there were two white-owned businesses specifically identified as not being damaged in the disorder. Koch's department store was well-known for having hired Black staff. A group of Black boys reportedly protected the other store.
Arrests for allegedly breaking windows were reported for only 24% (17 of 72) of the businesses that suffered damage, a smaller proportion than for looted stores (as no one was arrested for the first broken window in Kress' store, the store appears among those cases in which no arrests were made even though an arrest was made for allegedly breaking a window after another attack over four hours later). The twenty-six individuals arrested for breaking windows were identified either because they were charged with malicious mischief, an offense involving damage to property, or by details of what police alleged they had done recorded in legal records or reported in the press. For five individuals arrested for breaking windows there is no information about their alleged targets; some of those four men and one woman may have been charged with breaking windows in stores for which there was no reported arrests. Three of those arrested were women, and one a white man, similar numbers as among those arrested for looting, but twice the proportion of those arrested. Police do not appear to have made arrests during the first hours of the disorder, when windows were broken on West 125th Street as they struggled to keep crowds from Kress' store and off the streets. The arrests that were made in that area came around 10:30 PM. Leroy Brown's arrest on 8th Avenue at 9:45 PM was during that early phase of violence. The handful of other arrests where the time is known occurred on 7th Avenue and Lenox Avenue when reported looting intensified, thirty minutes either side of midnight.
Courts treated breaking windows less severely than other activities during the disorder, in large part because the value of damaged windows was only sufficient to make a charge of malicious mischief, a misdemeanor. Most store windows cost less than $100 to repair, well below the $250 required for the crime to be a felony. Only the five men also charged with inciting others to violence were sent to the grand jury, just over a third of the proportion of those arrested for looting, and the grand jury sent all those men to the Court of Special Sessions to be prosecuted for misdemeanors. Similarly, magistrates transferred nine men and one woman directly to the Court of Special Sessions. In the remaining eleven cases the charges were reduced to disorderly conduct, indicating that police did not have evidence those individuals had broken windows. They were likely in the crowds around businesses with broken windows. In those cases, the magistrate discharged Viola Woods and convicted nine men and one woman of disorderly conduct. -
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2022-06-16T19:02:59+00:00
Police in front of Kress' store
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2024-06-11T22:27:43+00:00
Although Inspector Di Martini told a MCCH hearing that he saw no “indications of further trouble” when he left 125th Street at 6:00 PM, he did station some officers at Kress’ store — "Sergeant Bauer, two foot policeman, one mounted policeman in the rear to prevent a riot” according to his testimony, or “a Sergeant and four patrolmen” on the 125th Street side and “a mounted patrolman and a foot patrolman” on the 124th Street side according to his report to the police commissioner immediately after the disorder. A patrolman stationed in front of the store told an MCCH hearing that there were 10–15 officers there around 6:15 PM; that total may have included officers on regular assignment on 125th Street. However many police were present, one was Patrolman Shannon, who like Bauer, had been inside the store earlier.
Patrolman Moran, who arrived after Kress' store was closed, described being instructed to “keep the crowd moving in front of the store.” He insisted he did so by requesting them to “move on”; the lawyers who questioned him at a hearing of the MCCH alleged he used force, pushing people and using his nightstick. By around 6:15 PM, Moran said the front of the store was “pretty clear” while a crowd walked up and down on the opposite side of the street. Louise Thompson told the MCCH that there “little knots of people” on the street (although she wrote in New Masses that the crowd in front of the store numbered in the hundreds, that across the street in the thousands). Two men set up a stepladder in front of the store. A Black man named James Parton speaking briefly and then, as Daniel Miller tried to speak to the crowd, a window in the store was broken and Patrolman Shannon arrested Miller. Outnumbered as they were by the crowd, police made the arrest following the practice of focusing on the leaders of crowds. Other officers then cleared the crowds from in front of the store, moving them first across West 125th Street and then towards 7th Avenue. Thompson testified that “police got rough and would not let anyone stop on the street” and wrote “the cops who were becoming ugly in their attempts to break up the increasing throngs of people.” About fifteen minutes later Patrolman Irwin Young, assisted by several other officers, arrested Harry Gordon when he climbed a lamppost to speak to the crowd. They bundled him into a radio car and took him to the 28th Precinct on West 123rd Street. Again, police were trying to control the crowd by arresting men they perceived to be leaders, possibly identifying them as Communists with whom they regularly clashed. They had not arrested Parton, the Black man who introduced both Miller and Gordon. A few minutes later, Patrolman Shannon, Sgt. Bauer, and Patrolman Moran were involved in arresting two white men and a Black man after they refused to stop picketing in front of Kress’ store. Those men carried placards that identified them as members of an organization associated with the Communist Party, which again likely contributed to the decision to arrest them.
After the arrests, police continued to move on people who stopped on the sidewalks around Kress’ store — and perhaps clear some who had gone into the street itself, as the New York Herald Tribune reported the street reopened after being blocked to automobiles and streetcars. By 7:00 PM, the crowds had been pushed to the avenues (some of those on 8th Avenue for a short time moved to attack the rear entrance of Kress’ store, where two police officers were hit by objects thrown by those trying to get into the store). Additional officers who arrived seem to have been key to that success. “15 patrolmen, six mounted police and uniformed men of five radio cars” were on 125th Street by that time according to the New York Evening Journal. Inspector Di Martini also returned, around 7:15 PM.
The Daily News published a photograph of the disorder that showed police officers engaging with crowds. The caption for the image, which captures the largest crowd to appear in a photograph of the disorder, described only the actions of one of the two uniformed patrolmen visible: "The raincoated policeman swings in against the angry crowd as his comrade tries to hold the police line. One colored man is lifting his arm as if to restrain the cop.” The use of force captured here is at odds with Patrolman Moran's insistence that officers simply asked crowds to move. While uniformed patrolmen carried nightsticks as part of their standard equipment, detectives in plainclothes were issued them for riot duty, according to the New York Evening Journal. As well as hitting people with their batons, police officers used the butts of their revolvers and riot guns as clubs. The Times Union directly contradicted Moran's claim police did not use those weapons to move the crowds in front of the store: "Police night sticks swung and soon the mob was dispersed." Only the Daily News reported police fired their guns to move the crowd, describing with unlikely precision that five shots were fired in the air. Inspector Di Martini told a hearing of the MCCH that he heard no gunshots on 125th Street, so if those shots were fired, it was before he arrived around 7:15 PM. The caption makes no mention of where the photograph was taken; the group appears to be on the sidewalk, perhaps near Kress’ store or later near 7th or 8th Avenue. Unmentioned is the horse’s head visible on the right side of image, indicating the presence of a mounted patrolman.
Mounted patrolmen, part of the police crowd control force, were reportedly deployed “to ride people off the sidewalk,” Louise Thompson testified. Lt. Battle told Langston Hughes that "an officer on a horse can be more effective than twenty patrolmen on foot," as the horses are "trained to brush a crowd back without stepping on anyone." When a reporter for the Afro-American arrived around 7:30 PM, “mounted police rode the sidewalk [in front of the store] keeping the crowd back.” Charles Romney likewise told a hearing of the MCCH that he saw "men on horseback were on the sidewalk to trample people." The New York Times and Daily News opted to describe the mounted police in more sensational terms as ‘charging’ the crowds. In the New Masses, Thompson presented a similar picture, juxtaposing the mounted officers with women protesting in terms echoing those used by other Communists: “Brigades of mounted police cantered down the street, breaking into a gallop where the crowds were thickest. Horses' hoofs shot sparks as they mounted on the glass-littered pavements. The crowds fighting doggedly, gave way. The women more stubborn even than the men, shouted to their companions, 'What kind of men are you-drag them down off those horses.' The women shook their fists at the police. 'Cossacks! Cossacks!' they shouted here in Harlem on 125th Street.” Years later, interviewed for her autobiography, Thompson identified many of the mounted patrolmen as Black officers and described the women as actually fighting with them. Another Afro-American journalist simply described the mounted police as "somewhat rough" during the early hours of the disorder. Whatever approach they took, it was mounted police that the Afro-American credited with keeping large groups away from Kress and on the avenues.
While police cleared 125th Street of large groups and stopped any more assembling there, they did not — or could not — close it off. Instead, “they patrolled 124th and 125th Streets between Seventh and Eighth Avenues constantly to prevent more groups from assembling,” the New York Herald Tribune reported. Thompson testified that she walked up and down 125th Street after the arrests, but was only able to stop and speak with members of groups on the corner of 8th Avenue. Charles Romney told a hearing of the MCCH that when he arrived on 125th Street around 7:30 PM, walking from Lenox to 7th Avenue, he “noticed a crowd of police with sticks on their hands telling the crowd to go on.” Given the small numbers of police, those patrols did not protect the stores on the block from attack: Thompson testified windows were broken in almost every store between 7:00 PM and 8:00 PM (although she was away from the area from 7:30 PM to 8:00 PM); and Romney likewise testified that at 7:30 PM "there were a lot of windows smashed." The New York Herald Tribune reported the same timeline, that “by 8 p.m. one or more windows in virtually every 125th Street store front in the block had been smashed.” Around that time the situation began to change as additional officers arrived, reinforcements that made it possible for police to set up a perimeter around 125th Street and keep people away from the stores.
As with other events at the beginning of the disorder, the most detailed and consistent evidence is the testimony of individuals present on 125th Street in hearings of the MCCH. Newspaper stories were generally vague and inconsistent about how many police were on the scene at what times and how they responded to the crowds, and tended to exaggerate the size of the crowds and the number of people on the street. It does seem credible that several hundred — and perhaps as many as 2,000–3,000 people — were in the area during this time, although not gathered in a single group. This was a larger number than gathered in any one place later in the disorder, contributing to the different way that police responded.
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2021-11-29T22:35:16+00:00
Kress 5, 10 & 25c store rear windows broken
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2024-06-11T22:35:49+00:00
When police officers pushed people away from the front of S. H. Kress' store and off West 125th Street after someone threw objects that broke the store's front windows, some ended up on 8th Avenue and West 124th Street. Around 7:00 PM, a hearse stopped on 124th Street near the rear of the S. H. Kress' store, located about a third of the way along the block to the east, attracting the attention of members of the crowd. A woman saw the vehicle, according to reports in the New York Times, New York Sun, and New York Herald Tribune. She called out "There’s the hearse come to take the boy’s body out of the store,” according to New York Times and New York Sun, and "It's come to get the dead child," according to the New York Herald Tribune. While there were many Black women inside and outside the store, singling out one fit the emphasis in the narratives published by those newspapers on the hysterical nature of the crowds: the New York Herald Tribune described the woman who called out as "excitable;" the New York Times reported that she "shrilled;" while in the New York Sun "her piercing scream lifted itself above the hoarse shouts of the mob," with the result that other people were "Incited." The outcry is more generalized in the New York Evening Journal, in line with its more explicitly racist narrative. That story claimed that "the Negroes were worked up to such a frenzy that they did not realize [the arrival of the hearse] was simply a coincidence. The cry went up 'They've killed him! They've killed him! They're taking him away in a hearse!'" No one arrested during the disorder was identified as being charged with inciting the crowd.
Whether they saw the hearse as evidence of the fate of the boy arrested in the S. H. Kress store or responded to shouts making that connection, people moved to the rear of the store. Those at the rear of the store may have found further reason to think the boy had come to harm when they found the store lights on and men moving around inside, workmen repairing displays and counters damaged earlier, according to the New York Herald Tribune and New York American. Or members of the crowd moved directly to renew the attack on the store begun on West 125th Street, as reported in the New York Times, New York Evening Journal, and Times Union. Or the crowd gathered at the rear of the store was joined by "a number of colored persons, believed to be inmates of the Salvation Army located on 124th Street, west of 7th Avenue,...[who] began throwing stones," as Inspector Di Martini wrote in a report to the Police Commissioner the next day. (The Salvation Army operated a hostel for homeless men at that location.) One result was that windows in the rear of S. H. Kress' store were broken.
An "L" shaped building that spanned the width of the block between 125th and 124th Streets, S. H. Kress' store had twice as much storefront on West 124th Street as it had facing 125th Street. There were retail counters in the wider rear section of the store, and basement exits out on to West 124th Street (Lino Rivera had been released through one). Windows also faced 124th Street, but no images have been found that show their size and extent. Whatever their extent, more windows in the rear of the store appear to have been broken than in the front. Compared to the "very little loss on the front," a reporter for the Afro-American described "the windows in the rear showed signs of the stone and whiskey bottle barrage." Similarly, the New York Age reported "a plate glass window in the front of the store was smashed, while the back part of the building suffered several broken windows." Without the comparison, the Times Union reported similar damage, "the store's rear windows were smashed," as did the New York Times less precisely, noting "Stones were hurled through windows." With typical exaggeration, both the Home News and New York Herald Tribune claimed all the rear windows were shattered.
Windows were possibly not the only target of objects thrown on West 124th Street. Police officers had been stationed at the store's rear entrance earlier in the evening. Together with officers who followed the crowds from 8th Avenue, police once again tried to clear them from the street. Two mounted patrolmen were part of that group, according to Joe Taylor, the leader of the Young Liberators. Unlike on West 125th Street earlier, objects struck police officers. At least two officers suffered injuries that required an ambulance. Patrolman Michael Kelly was hit on the right leg by a rock and Detective Charles Foley was hit on the shoulder by a stone. Officers trying to push crowds away from the rear of the store could have been hit by objects thrown at the windows, but white newspapers reported in sensational terms that police were the targets. "A barrage of missiles fell on the ranks of police," according to the New York Times, while the New York Herald Tribune described a more dramatic scene in which "Negroes showered [police] with miscellaneous missiles from roofs, hallways and other hiding places." News of the hearse's appearance and renewed police clashes with crowds on the street spread to people gathered on 8th Avenue, and windows in other stores on 125th Street began to be smashed. Despite these attacks, police appear to have cleared the crowd from 124th Street within a few minutes. When Emergency Truck #5 arrived on the block around 7:15 PM, Patrolman Henry Eppler told a MCCH hearing that "everything was quiet," which led to the truck relocating to 125th Street.
Several newspapers made no mention of broken windows in the rear of S. H. Kress' store. A hearse appears in most of those narratives, provoking generalized reactions from the crowds on the street. It served to "fire the crowd" in the Afro-American's narrative, and in stories in the Home News and New York Post, although in the white newspapers crowds see the vehicle on West 124th Street before the speakers try to address the crowd, a different chronology. The New York Sun described the crowd moving directly to attacks on police and stores and looting. The hearse appears in front of the store, not at its rear, in the Daily Mirror. And it is mentioned as appearing in the area without mention of a specific location in the Atlanta World and in an ANP story published in both the Atlanta World and Pittsburgh Courier. Neither broken windows in the rear of Kress' store nor a hearse are features of the narratives in the Daily News and New York World-Telegram, and are likewise missing from Louise Thompson's account (she was on 125th Street when the rear windows were broken). -
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2021-11-01T19:56:41+00:00
Windows broken in Black-owned businesses (8)
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2024-02-03T18:35:00+00:00
At least eight Black-owned businesses had windows broken during the disorder, 11% (8 of 72) of the businesses reported damaged. That proportion is far below the share of Harlem's businesses that had Black owners, 28% (1690 of 5791) in the area from 110th Street to 155th Street, east of Amsterdam Avenue to west of Madison Avenue identified by the MCCH business survey taken after the disorder. The limited scale of that damage fits with stories in the Home News, New York Post, New York Evening Journal, and Afro-American, and Inspector Di Martini's "Report on Disorder" for the Police Commissioner, that the windows of Black-owned businesses were generally not broken. Lieutenant Samuel Battle, New York City's most senior Black police officer, asked in the MCCH's first public hearing on March 30, 1935 if the crowds made any distinction between white-owned and Black-owned stores, insisted that Black-owned businesses did have windows broken, but then qualified the extent of such attacks: "In many cases, if they knew it was colored, they passed the shop up." James Hughes, a twenty-four-year-old Black shoe repairer, who was part of the crowd at West 125th and 8th Avenue around 10 PM, also told a probation officer that those around him were breaking windows "where no colored were employed."
"Fully 30 of the store fronts shattered in Harlem were in Negro establishments," white journalist Edward Flynn claimed in a story in the New York Evening Journal focused on Communist activities in Harlem. In arguing that "the riot [was] conducted on the best Communist lines," the reporter pointed to how "the Negro merchant's property was destroyed as well as that of the white." Three Black-owned businesses close together on 7th Avenue that had windows broken were identified in the story. Battle's Pharmacy on the northwest corner of 7th Avenue and West 128th Street was mentioned together with the Williams drug store, across 7th Avenue on the southeast corner of 128th Street. "Both of these stores were damaged by the rioters although virtually everyone in Harlem knows who operates them." The third store was the Burmand Realty office at 2164 7th Avenue, two buildings north of the pharmacy. Not mentioned in the New York Evening Journal story was the Cozy Shoppe restaurant at 2154 7th Avenue across the street from Williams drug store which had a sign on its window identifying it as Black-owned, and had no windows broken. If the number of Black-owned stores with broken windows did total thirty, that would amount to approximately 10% of those damaged, a little over one-third of the proportion of Harlem's businesses that were Black-owned. That disproportionate share of the damage does not suggest indiscriminate attacks on store windows.
A claim of more extensive damage to Black-owned businesses, that "forty windows were broken in the exclusively Negro section [of 8th Avenue] north of 130th Street,” did appear in a story published in the New York Herald Tribune. However, that story misrepresented those blocks of 8th Avenue; the MCCH business survey showed they were still predominantly populated by white-owned businesses. The character of the street did change, but from 92.5% (74 of 80) white-owned businesses from 125th to 130th Streets, to 71% (34 of 48) white-owned businesses from 130th to 135th Streets, and 74% (65 of 88) white-owned businesses from 135th to 140th Streets. The one arrest in this area for allegedly breaking windows, of Henry Stewart, involved a white-owned business, a meat market at 2422 8th Avenue, between 130th and 131st Streets. If there were another thirty-nine windows broken in this area, almost all were likely also in white-owned businesses. However, that number seems exaggerated, as Inspector Di Martini's "Report on Disorder" estimated only eighty-five broken windows in total north of 130th Street, in the 32nd Precinct that also covered 7th, Lenox, and 5th Avenues.
The MCCH report did also seek to emphasize that damage was done to Black-owned businesses rather than how many were spared damage. It only implicitly recognized that those on the street chose their targets, casting that behavior as present only early in the disorder, giving way to more indiscriminate violence, cast as more important to understanding the events: "While, of course, many motives were responsible for the actions of these crowds, it seems that as they grew more numerous and more active, the personality or racial Identity of the owners of the stores faded out and the property itself became the object of their fury. Stores owned by Negroes were not always spared if they happened to be in the path of those roving crowds, bent upon the destruction and the confiscation of property." Unmentioned in the report is the countervailing development in which, after the initial attacks on store windows, Black-owned businesses identified themselves with signs. The New York Evening Journal, New York Post, and Afro-American reversed the chronology presented by the MCCH report, locating the damage to Black-owned businesses early in the disorder, until signs appeared identifying "Colored Stores," after which they were no longer attacked. The period of indiscriminate violence posited by the report was also when looting became widespread, according to newspaper narratives of the disorder and reported events. However, there were no reports of Black-owned stores being looted, and the New York Evening Journal and New York Post noted that merchandise had not been taken from them, which they attributed to the signs placed on those businesses.
There is no information on when the eight stores were damaged, so no evidence if they fit the picture provided in the MCCH report. Five of the Black-owned businesses that were reported damaged do not clearly contradict claims that those on the street directed violence at specific targets (there is no information related to Battle's Pharmacy, Burmand Realty, or Gonzales Jeweler). The Manhattan Renting Agency storefront was the office of Everard M. Donald, a twenty-seven-year-old Black real estate broker and owner of a chain of barbers, but also where Hary Pomrinse, a sixty-six-year-old Jewish real estate broker, did business. A similar ambiguity surrounded the ownership of the grocery store that had windows broken, a Peace Market operated by followers of Father Divine, a Black religious leader whose theology and claim to be God in a body drew criticism from Harlem's Black clergy and leaders. The Peace Food Market name and sign would have identified the store as not being a white-owned business, but Divine's Peace Mission had white members in its Harlem ranks, historian Judith Weisenfeld has shown. That interracialism that may have made the store a target; so too might the controversy Divine provoked within Harlem's Black community.
The nature of the damage done to the other three Black-owned businesses reported to have had windows broken offers another manifestation of how confusion over the ownership of stores, rather than disregard for it, produced attacks on stores. After the front windows of the Williams Drug Store facing 7th Avenue were broken, the owner wrote “Colored Store, Nix Jack” on the side windows on West 127th Street. Those windows were not damaged. Two other businesses that a La Prensa reporter recorded as having damaged windows, a billiard parlor and the Castle Inn saloon on Lenox Avenue south of 125th Street, also put up signs, according to another story in La Prensa. That reporter did not appear to understand the intent of the signs, seeing them as an effort to establish a racial divide in the neighborhood, to segregate Black and white residents, and did not relate them to the damage suffered. However, as the reporters could see the signs as well as broken windows, those stores too had been able to prevent extensive damage by identifying themselves as having Black owners. Other businesses also put up signs, and at least three suffered no damage. The success of that strategy suggests that broken windows in Black-owned businesses resulted from ignorance of who owned them, produced perhaps by residents joining crowds that moved beyond the areas where they lived. Edward Flynn, a white journalist writing for the New York Evening Journal, insisted that "virtually everyone in Harlem knows who operates [Battles Pharmacy and Williams drug store]," which nonetheless had windows broken. While he was certainly right about those who lived nearby or passed by that section of 7th Avenue, it is less clear how widely that knowledge would have been shared by those who lived and spent their time in other areas of the neighborhood and found themselves part of crowds moving up the avenue. Although the MCCH business survey found only six other Black-owned drug stores in Harlem, compared to 116 white-owned stores, neither business advertised extensively, nor were pharmacies and drug stores unusual enough to make them widely known to the changing population of the neighborhood who largely frequented drug store chains. -
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2022-01-31T20:16:15+00:00
Crowd inside Kress 5, 10 & 25c store
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2024-02-09T17:39:28+00:00
After Patrolman Donahue released Lino Rivera and then himself left Kress’ store around 3:30 PM, groups of shoppers remained. They wanted to know what had happened to the boy and to see that he had not been harmed. Over the next two hours, the manager and several police officers unsuccessfully tried to reassure them and others who came into the store to investigate what was happening. During that time Clara Crowder, a twenty-year-old white clerk, fainted and was attended by an ambulance, and Margaret Mitchell, an eighteen-year-old Black woman, was arrested for disorderly conduct. Sometime around 5:00 PM or 5:30 PM, the manager decided to close the store, and police cleared out all those inside.
Events inside Kress 5, 10 & 25c store after Lino Rivera had been grabbed by store staff moved far more slowly than newspaper narratives portrayed. Whereas reporters strung together the specific incidents they identified into a tight sequence, testimony to the MCCH’s public hearings provided additional information that spread those events over almost two hours.
The Black women and a few men who remained in the store did not immediately start shouting and overturning displays, nor was Margaret Mitchell immediately arrested. They gathered in small groups of two or three. A few minutes after Donahue had released Rivera and left the store, Smith, the manager, as he told a public hearing of the MCCH, had become concerned about their presence and went to the shop floor to investigate. “Some women were going around saying a boy had been beaten, an ambulance had come and she knew it. I went to two groups trying to explain to them that nothing had happened to cause any excitement.” Having no success, Smith went out to 125th Street, where he found Patrolman Miller, a Black officer who had earlier called for the ambulance to treat Hurley and Urban, who he asked to “come in and see if he could not explain to those people.” The women “didn’t pay much attention” to Miller. By 4:00 PM, “the thing was getting to be worse,” Smith testified. That likely meant both that the number of people inside and outside that store was growing, and that, as Thompson later described happening inside the store, as they waited for proof the boy had not been harmed, “patience began to give way to indignation. Their voices rose.” Smith found additional police on 125th Street. Patrolman Timothy Shannon arrived in the store at 4:00 PM. By 4:20 PM he decided he needed to call for radio cars with additional police officers, who arrived within five minutes. Those officers had no more success than those before convincing the women and men in the store that Rivera had been let go, the message Hurley said they were delivering. Ten minutes later, Smith called the station and told them “the thing was beginning to get out of control and to do something.” Like the manager of the neighboring Woolworth's store, he clearly felt "under considerable tension" when a "commotion takes place with a [Black] customer." Sgt Bauer was sent. At some point Shannon claimed that he formed a committee of three shoppers, two men and one woman, whom he took to the basement to see that Rivera was not there, and then went with “from one crowd to another but they would not listen.” No other witness or source mentioned such a committee, and Shannon could not identify its members.
The situation had not improved after 4:30 PM, when Smith testified the number of people in the store had grown to around 100, and Sgt Bauer told him, “'I don’t know what we can do.' We didn’t want to start a riot. We didn’t want to excite them.” Smith decided that he needed to close the store and called the police station again and “pleaded for enough men to close the doors without causing trouble.” Around the same time, Louise Thompson, a Black Communist activist and journalist with many friends among the authors and artists of the Harlem Renaissance, entered the store. She had been shopping at the Woolworth’s store further along 125th Street when she saw groups of people gathered on the sidewalk. Asking around to find out what was going on, a man told her “something was going on in the store and that a boy was beaten,” she testified. Thompson then went into Kress’, which she would describe later in her autobiography as a store “where you have all of these small counters throughout the store,” and found “little clusters of people standing here and there in the store,” with “most of the girls behind the counter ... still in their places but no floor-walkers or officials were in evidence,” she wrote in a version of her testimony published in the New Masses. Approaching the largest group, standing by the candy counter, Thompson learned that they believed a boy had been beaten up by store staff, and that they intended to “stand here until they produce him.”
More police officers then arrived and went to the rear of the store, where Smith’s office was located, Thompson wrote. They were the additional officers that the manager had had requested. At this time, Smith told a public hearing, he closed the store doors. His testimony was that happened at 5:30 PM, but other evidence suggests that Smith might have been mistaken about the time. Around 5 PM, Clara Crowder, a twenty-year-old white clerk, fainted while “aiding another employee,” according to the records of the ambulance that attended her. That ambulance, the second sent to the store, arrived at 5:05 PM. Thompson testified that she was outside on West 125th Street when she saw it arrive, having been one of the last to leave the closed store. It seems likely that Crowder was behind a counter, and fainted during the struggles between the people in the store and police that began after a woman inside the store screamed and pots, pans and glasses were knocked off displays. Smith testified that damage happened as the door was closed. Thompson also described hearing the closing bell as part of the noise in the store in her article in New Masses.
Jackson Smith and Patrolman Timothy Shannon testified that a woman screamed and knocked merchandise off counters after the store was closed, but only Thompson described the circumstances that produced that noise. She did not see the woman who screamed, but was part of the crowd who rushed to where the noise came from, the rear of the store. Police there pushed those women and men back and refused to answer when women asked “if the boy was injured and where he is,” Thompson wrote in New Masses. The officers also “began to get rough.” A woman with an umbrella retaliated; she either hit an officer, according to Thompson’s testimony, or “knocked over a pile of pots and pans,” according to her article. Many of those in the store rushed to leave once the noise and struggles with police began, both Thompson and Smith testified. It is likely that it was around this time that police in the store arrested Margaret Mitchell, an eighteen-year-old Black woman, although none of those who testified about this period of time in the store mentioned the arrest. Police charged her with “throwing pans on floor and causing crowd to collect,” according to Inspector Di Martini’s report on the disorder. It was only once the store was closed that merchandise was knocked off displays, according to the testimony of those in the store.
A small number of people resisted leaving the store, “refusing to move until they got some information about the boy,” Thompson wrote. Gradually police officers pushed them too out of the store; Thompson was one of the last to leave, about half an hour after she entered. On the street at that time, she testified, were several hundred people, most “in front of the Apollo Theatre,” opposite Kress’ store across 125th Street. By the time Inspector Di Martini, in charge of the four precincts that made up the Sixth Division, arrived at 5:40 PM, to investigate the reports of disorder, the store was closed and only a few employees remained inside. He interviewed Jackson Smith and Charles Hurley, he testified. “After finding out that no assault had been committed and thinking that something might occur, I stationed Sergeant Bauer, two foot policeman, one mounted policeman in the rear to prevent a riot.” Di Martini then spent some time talking to groups of people gathered on West 125th Street, telling them Rivera had not been beaten. As he saw no “indications of further trouble,” the inspector testified that he left around 6:00 PM.
Newspaper narratives truncated the extended standoff between the Black women and men and store staff and police into a rapid sequence of events, eliding the role of Black residents’ distrust of a police force that routinely disregarded their rights and subjected them to violence in fueling the disorder. The New York American, New York Post, New York World-Telegram, Daily News, and Daily Mirror included none of the events in the store in their narratives of the disorder, jumping from Rivera being grabbed to the crowds outside Kress’ store. Those in the store, reported to be mostly Black women, began to damage displays immediately after Rivera had been taken to the basement in the narratives published in the Home News, New York Sun, New York Times, and La Prensa. The New York Times, New York Sun, and Time greatly inflated the size of that crowd, from 50 to 500 customers. The Home News reported they “started to wreck the store, pulling dishes off of the counters and, in some instances, tipping over tables on which merchandise was displayed,” the New York Times that they “went on the rampage, overturning counters, strewing merchandise on the floor and shouting,” La Prensa that “All the people of color who were in the store at the time began to throw all the articles that were on the tables to the floor and to shout in protest.” The New York Sun opted for the most sensational language, that they “had been galvanized into a frenzy of sabotage. Glass in the counters was shattered, tables overturned and merchandise torn and hurled about.” By contrast, the New York Evening Journal, New York Herald Tribune, and Daily Worker (on March 29) reported crowds jamming the store after rumors about a boy being beaten or killed circulated, demanding he be released (the Daily Worker had earlier reported, on March 21, the involvement of a member of the ILD, Reggie Thomas, in leading the women’s protest. He was not mentioned in subsequent stories, and did not testify in the MCCH public hearings, suggesting that he was not in fact present in the store.) Patrolman Shannon was identified by the New York Times and New York Sun as one of the police officers who investigated what was happening in the store, and summoned the reinforcements who cleared the store (Time identified him as "an Irish policeman;" the New York Evening Journal and New York American mentioned Shannon arresting Miller.) The Home News, New York Herald Tribune, and New York Evening Journal simply had police notified, then appearing and clearing the store.
The second ambulance that arrived at the store, to attend Clara Crowder, was mentioned only in the Daily News. That story somewhat vaguely claimed that the appearance of the ambulance inflamed rumors that Rivera had been killed. The New York Herald Tribune also mentioned Crowder was attended by an ambulance, but mistakenly identified it as the same one that had come to attend Hurley and Urban. That ambulance had returned to Harlem Hospital two hours earlier. Similarly, the Home News and La Prensa reported Margaret Mitchell as being arrested in Kress’ store, but identified her as having intervened when Rivera was grabbed. The Afro-American, New York Amsterdam News, and New York Evening Journal (and New York Times on March 24) reported Mitchell was arrested having run screaming into 125th Street immediately after Rivera had been grabbed. Only the New York Sun’s story allowed for Mitchell’s arrest to be later, as the store was being closed: “The woman whose cries that the boy had been murdered, rekindled the vandalism after the police had succeeded in quenching it earlier in the evening, is Margaret Mitchell, 18, of 283 West 150th street. Her cry was taken up and passed to the milling crowd outside the store.” The next day, in reporting Mitchell’s arraignment in the Harlem Magistrate’s Court, the Home News combined its description of her trying to intervene when Rivera was grabbed with the later events mentioned in Di Martini’s report. While reiterating that she “attempted to take the Rivera boy from the department store detectives and cried out that the guards were beating the youth,” the story added that after Rivera had been taken to the basement, she was “urging other colored people in the store to demand the release of the boy, started throwing merchandise to the floor and upset many of the counter displays.”
The historians who have described these events have not identified the leading role played by women in protests inside Kress’ store, even as the MCCH report noted that the shoppers in the store were women. Mark Naison, Thomas Kessner, and Marilynn Johnson summarized events in the store, adding details about merchandise being thrown on the floor from newspaper stories to the narrative in the MCCH report. Cheryl Greenberg simply described the crowd as having dispersed, discounting protests in the store. So too did Lorrin Thomas, who attributed that response to the arrest of a woman for “inciting the disturbance,” implicitly making that arrest occur soon after Rivera was released, not later when police cleared the store. (No other narratives mention that arrest). Naison identified those involved as "black shoppers," while Kessner identified two Black women as crying out, but not who else was in the crowd. The other historians simply referred to crowds. Jonathan Gill and Nicole Watson include no details of events inside the store in their descriptions of the events at the beginning of the disorder. That the shoppers in Kress' store were women is unsurprising given the gendered nature of consumption in the 1930s. However, the role of those women in the early stages of the disorder is more unexpected given historians' attention to men's role in initial outbreaks of violence. As Marilynn Johnson has pointed out, women's experiences in the racial disorders of the first half of the twentieth century extended beyond that looting with which they were associated in the 1960s to include not just being victims of violence but also protectors. Where Johnson's examples of women acting in that role were trying to protect family or loved ones from white violence, in 1935 Black women sought to protect a boy unrelated to them. While, as Johnson notes, those actions were within societal expectations of women's roles, they did represent a broader scope, echoing the extension of women's role in consumption to include the political act of picketing white businesses the previous year. In Kress' store, Black women once again stood up to white businessmen.
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1
2022-03-11T22:00:36+00:00
Leaflets distributed
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2024-02-24T00:11:10+00:00
The Young Liberators printed a one-page mimeographed leaflet in the early evening of March 19. Just where they distributed the leaflet was uncertain. "Some white youngsters were passing out handbills" when a reporter for the Afro-American arrived at 125th Street and 7th Avenue at 7:14 PM. Louise Thompson saw people with the leaflet on that corner just after 8:00 PM, suggesting a focus on 125th Street. “They were hurriedly passed put among the throngs of Negro idlers up and down teeming 125th Street,” according to the sensationalized story in Time magazine. The New York American claimed, “These papers received wide circulation throughout Harlem.” The leaflet was also pasted on building walls, according to the New York Evening Journal. Reading its text incited the crowds that had gathered on 125th Street, the police and District Attorney William Dodge claimed, making the Young Liberators, who they considered Communists, responsible for the disorder. The MCCH did not agree. Based on testimony from Louise Thompson that the leaflet did not appear on 125th Street until sometime between 7:30 PM and 8:00 PM, the MCCH's final report concluded that the Young Liberators “were not responsible for the disorder and attacks on property which were already in full swing.” By 7:30 PM, “Already a tabloid in screaming headlines was telling the city that a riot was going on in Harlem,” the MCCH report also noted. Louise Thompson identified that newspaper as the Daily Mirror. Later on March 19, the Communist Party distributed a leaflet, after the Young Liberators approached them, concerned about the growing disorder, according to James Ford’s testimony in a MCCH public hearing. He said that leaflet was “written and distributed” about “9 or 10 o’clock.” Leaflets were still in circulation on Harlem’s streets around 2:00 AM. Sgt. Samuel Battle told a public hearing of the MCCH he came into possession of two or three at that time, without specifying which of the two leaflets.
Both leaflets identified Kress store staff as responsible for the violence against Rivera with only passing mention of police. That narrative focused protests on the store, and white businesses, Bosses, more generally, rather than police, or the white population. In terms of that framework, attacks on Kress’ store, and on other white businesses later in the disorder, appeared not straightforwardly as attacks on property and economic power, but also as retaliation against violence by those who owned and worked in those businesses
A mimeographed page, the Young Liberators’ leaflet combined handwritten and typewritten text. At the top, the handwritten text read, “Child Brutally Beaten. Woman attacked by Boss and Cops = Child near DEATH.” The remaining typewritten text read:ONE HOUR AGO A TWELVE-YEAR-OLD NEGRO BOY WAS BRUTALLY BEATEN BY THE MANAGEMENT OF KRESS FIVE-AND-TEN-CENT STORE.
THE BOY IS NEAR DEATH
HE WAS MERCILESSLY BEATEN BECAUSE THEY THOUGHT HE HAD ‘STOLEN’ A FIVE CENT KNIFE.
A NEGRO WOMAN WHO SPRANG TO THE DEFENSE OF THE BOY HAD HER ARMS BROKEN BY THESE THUGS AND WAS THEN ARRESTED.
WORKERS, NEGROES AND WHITE, PROTEST AGAINST THIS LYNCH ATTACK ON INNOCENT NEGRO PEOPLE. DEMAND THE RELEASE OF THE BOY AND WOMAN.
DEMAND THE IMMEDIATE ARREST OF THE MANAGER RESPONSIBLE FOR THIS LYNCH ATTACK.
DON'T BUY AT KRESS'S. STOP POLICE BRUTALITY IN NEGRO HARLEM.
JOIN THE PICKET LINE
ISSUED BY YOUNG LIBERATORS.
Predictably, the anti-Communist Hearst newspaper the New York Evening Journal gave the greatest space to the leaflet, publishing both the full text of the Young Liberators' leaflet and photographs of it (and the Communist Party leaflet and two placards carried by pickets, under the headline "Insidious Propaganda That Started Harlem Riot," and a front-page photograph of the men arrested protesting in front of Kress’ store). A portion of the Young Liberators' leaflet appeared in a combination of Associated Press photographs published in several newspapers. In addition to the New York Evening Journal, the Home News, New York World-Telegram, and the New Republic published the text of the leaflet. The New York Herald Tribune quoted only about half of the leaflet, stopping after the first use of “lynch attack.” None of those published versions of the circular included the final line, “JOIN THE PICKET.” That line did appear in the version published by the Norfolk Journal and Guide, the only Black publication in which the leaflets were reproduced. That line was in the photograph published in the New York Evening Journal, in the version of the leaflet in the MCCH’s final report, and was raised by Hays in the public hearing of the MCCH (James Taylor, the leader of the Young LIberators answered that he did not know to what it referred). The text published in the Home News omitted the line DON'T BUY AT KRESS'S. STOP POLICE BRUTALITY IN NEGRO HARLEM and substituted instead “Demand the hiring of Negro workers in Harlem department stores. Boycott the store." That phrase transposed the call not to buy in the store into the terms of boycott of the campaigns of the previous year to effectively treat the tactic as having a single goal. The New York Post quoted only the handwritten headline of the leaflet, the characterization of the incident as “this lynch attack,” and the call for protest. Time quoted only the headline, and the Afro-American only the first two phrases from the headline and omitted “boss” so that the charge of violence was only against police. Quotations in the New York Sun were garbled versions of the actual leaflet text and included words and phrases that appeared but in the wrong form: "A Child Brutally Beaten." "A Twelve-Year-Old Child Was Brutally Beaten for Stealing a Knife from a Five and Ten Cent Store." "Workers Protest Against This Lynch Attack." The Daily News misreported the leaflet as making the more provocative charge that the boy had been beaten to death. Initial stories about the disorder published by the New York Times and New York American did not mention the leaflet but added them to their narrative the next day, March 21.
The Communist Party leaflet, also a mimeographed page, similarly began with handwritten text that read, “FOR UNITY OF NEGRO AND WHITE WORKERS! DON'T LET THE BOSSES START RACE RIOTS IN HARLEM!”. The typewritten portion went on:The brutal beating of the 12-year-old boy, Riviera, by Kress's special guard, for taking a piece of candy, again proves the increasing terror against the Negro people of Harlem. Bosses, who deny the most immediate necessities from workers' children, who throw workers out of employment, who pay not even enough to live on, are protecting their so-called property rights by brutal beatings, as in the case of the boy Riviera. They shoot both Negro and white workers in strikes all over the country. They lynch Negro people in the South on framed-up charges.
The bosses and police are trying to bring the lynch spirit right here to Harlem. The bosses would welcome nothing more than a fight between the white and Negro workers of our community, so that they may be able to continue to rule over both the Negro and white workers.
Our answer to the brutal beating of this boy, by one of the flunkies of Mr. Kress, must be an organized and determined resistance against the brutal attacks of the bosses and the police.
WORKERS, NEGRO AND WHITE: DEMAND THE IMMEDIATE DISMISSAL AND ARREST AND PROSECUTION OF THE SPECIAL GUARD AND THE MANAGER OF THE STORE.
DEMAND THE RELEASE OF THE NEGRO AND WHITE WORKERS ARRESTED.
DEMAND THE HIRING OF NEGRO WORKERS IN ALL DEPARTMENT STORES IN HARLEM
DON'T LET BOSSES START ANY RACE RIOTS IN HARLEM.
DON'T TRADE IN KRESSES.
Issued by
Communist Party
Young Communist League
The Daily Worker published the Communist Party leaflet text, while not publishing the Young Liberators' leaflet, perhaps because the public position of the Young Liberators was that the organization was not affiliated with the Communist Party. The handwritten headline of that leaflet appeared at the end of the story in the New York World-Telegram, after the full text of the Young Liberators' leaflet: “In another manifesto, signed by the Communist party and the Young Peoples’ League, a plea was made “for unity of Negro and white workers—don’t let the bosses start race riots in Harlem!” While the New York Evening Journal published a photograph of the leaflet, no other white newspapers reproduced the text, nor did it appear in the MCCH final report. The Norfolk Journal and Guide was the only Black publication in which the leaflet text was published.
Initial newspaper stories reported that police said that the leaflets were responsible for moving the crowds on 125th Street to violence. The sensationalized version of that story employed metaphors of fire that placed the leaflets at the start of the disorder: leaflets were the “match which ignited Harlem and pitted its teeming thousands against the police and white spectators and shopkeepers” in the Daily News, “inflammatory handbills, the spark that fired the tinder” in Newsweek, and "inflame the populace" in a New York Age editorial; and in the New York Sun and Daily Mirror leaflets fanned the crowd’s fury. The New York Evening Journal opted for a more racist image evoking slavery, in which the leaflet was “largely responsible for whipping the Negroes to a frenzy.” The New York Age columnist the "Flying Cavalier" described the leaflets as as an example of the Communist "technique in the making up of their messages which would incite a lamb to jump on a tiger—if the lamb didn’t think first." Other newspapers framed the leaflets in terms of rumors: as having started the rumor in the New York Herald Tribune, as “the chief agency which spread the rumor" in the Home News; and as having “helped spread resentment” in the New York Post. (The New York World-Telegram described the leaflet without giving it a specific role; the “tinder for the destructive conflict” was the rumor that a boy had been beaten and killed, “assiduously spread by Communists.”) Writing in the New Republic, white journalist Hamilton Basso devoted two paragraphs to weighing the role the leaflet played in the disorder. He concluded that it “helped to rouse the crowds to violence,” but rejected the idea that the leaflet’s purpose “was deliberately to provoke a race riot” as requiring belief in “the stupid Red Scare of the Hearst press.”
The only direct evidence of when the Young Liberators' leaflet was distributed came from Louise Thompson. She told a public hearing of the MCCH that the leaflets were not in circulation when she left 125th Street around 7:30 PM. It was when Thompson returned around 8:00 PM that she “first saw the leaflet” in the hands of several people, but not anyone handing them out. Thompson was not a disinterested witness; as a member of the Communist Party, she would not have wanted to see them held responsible for the disorder. L. F. Cole, who like Thompson had been inside Kress’ store after Rivera was grabbed but was not a Communist, told the MCCH he saw pamphlets in the crowd around 8:00 PM (the number is smudged in the transcript so that time was uncertain). Inspector Di Martini’s report supported that timeline, locating the appearance of “a number of pamphlets under the heading of the YL and YCP” after the crowd that gathered the rear of Kress’ store around 7:00 PM had been dispersed. Presumably that timing was based on the statements of officers on 125th Street — but not Patrolman Moran, who told the MCCH he was on duty in front of Kress’ store from 6:00 PM throughout the night and did not see leaflets passed out. Copies of the leaflets were attached to the report. They may have been the copies that Lieutenant Battle told the MCCH public hearing that he had gathered near the end of the disorder, around 2:00 AM.
Newspaper stories presented a different timeline that had the leaflet appear earlier, around 6:00 PM, for which there was no direct evidence. The New York Evening Journal and Home News, the New York Post the next day, and the New Republic, reported that the Young Liberators' leaflet appeared about an hour after Kress’ staff grabbed Rivera, which would have been around 3:30 PM. When District Attorney William Dodge spoke to reporters on March 20, the Daily News, New York World-Telegram, and New York American reported him as saying that the leaflets appeared within two hours of the incident in the store. No one at the scene described that timeline. It was likely based on the text of the leaflet, which read “One hour ago a twelve-year-old boy was brutally beaten by the management of Kress five-and-ten-cent store.” At that time, however, the Young Liberators were unaware of what had happened in the store. It was not until around 5:00 PM, as police were clearing people from Kress’ store, that a Black man brought news to the offices of the Young Liberators, James Taylor testified. Taylor, the leader of the Young Liberators, was asked about the timing referred to in the leaflet; he replied that he did not know whether that was correct. The New York Times story reporting Dodge’s comments had the “first of the Communist handbills” appear at 6:00 PM. That timeline was at least plausible; it would have been around an hour after the Young Liberators learned of an incident in Kress’ store. It was not, however, a timeframe that fitted with Di Martini’s report. The Daily News had the Young Liberators distributing the leaflets as they picketed Kress’ store at a time not specified in the story. However, that detail was part of the truncated timeline police provided that had all five alleged Communists that they arrested arriving at Kress’ store at the same time rather than separately over a period of forty-five minutes starting around 6:00 PM as testimony from those at the scene indicated. The pickets were the final protesters to arrive at Kress’ store at around 6:45 PM. Thompson saw them so would have seen leaflets had they been distributed at that time.
William Ford’s testimony in a MCCH public hearing was the only evidence related to the origins and timing of the Communist Party pamphlet. The leaflet appeared after members of the Young Liberators visited Ford about an hour after distributing their leaflet, he testified. They “were very much disturbed” that “these leaflets had not been able to allay mass resentment in Harlem,” and instead “a rumor had got around that a race riot had started in Harlem.” The Communist Party immediately produced a leaflet intended “to stop race rioting,” Ford testified, and he went to Harlem around 8:00 PM. The leaflet arrived an hour or two later, about “9 or 10 o’clock.” The MCCH report stated that that Communist Party leaflet was issued “about the same time” as the Young Liberators’ leaflet. None of the newspapers mentioned the time that the leaflet was distributed.
District Attorney William Dodge and Police Commissioner Valentine both amplified the police narrative when they spoke to reporters on March 20 after Dodge's appearance before the grand jury to seek indictments against alleged participants in the disorder. Valentine summarized Di Martini’s “departmental report on the cause of the rioting” as detailing “that a Negro youth had been caught stealing, that a woman had screamed, that the 'Young Liberators' had met, that they had thereafter disseminated 'untruthful deceptive and inflammatory literature' and that all these events had been climaxed by the appearance of a hearse in the vicinity,” the New York Sun reported, a chronology also reported in the New York American, New York World-Telegram, Times Union, and Brooklyn Daily Eagle. (The hearse was not the final element in Di Martini’s report; it was mentioned before the Young Liberators). Two days later, Dodge showed the grand jury a typewriter and mimeograph machine. The fruits of police raids on the offices of several organizations affiliated with the Communist Party, the machines were used to produce the Young Liberators’ leaflet, he told the grand jury, according to stories in New York Herald Tribune, New York Post, New York American, Daily News, and New York Times. (The mimeograph machine was taken from the Nurses and Hospital Workers League, the organization which employed one of the men arrested for trying to speak in front of Kress’ store, Daniel Miller, the New York Post and New York American reported.) According to the Daily News, after the grand jury examined that material, “Dodge said arrests might be expected momentarily.” There were no reports of any arrests related to the leaflets.
Mayor La Guardia did not echo the district attorney and police commissioner in directly blaming Communists for the disorder. While his statement distributed and displayed in Harlem the evening after the disorder followed the same police narrative, and mentioned the leaflets, it did not present them as triggering the disorder. Instead, he used them to characterize those responsible: “The maliciousness and viciousness of the instigators are betrayed by the false statements contained in mimeographed handbills and placards.” That statement indirectly implicated the Young Liberators and Communist Party, who had signed the leaflets. However, the circular presented the disorder as “instigated and artificially stimulated by a few irresponsible individuals” who went unnamed. Questioned by journalists, La Guardia "would not say whether he agreed with the police that the instigators were Communists," the New York Herald Tribune reported.
Newspaper stories about the MCCH public hearing treated the testimony regarding the time at which the leaflets appeared in a variety of ways. The New York Herald Tribune and an editorial in the New York Amsterdam News highlighted how that testimony undermined what police said in the aftermath of the disorder. “Reds' Handbills Are Cleared As 'Chief Cause' of Harlem Riot” was the headline of the New York Herald Tribune story, which reported that “The committee learned that the circulars did not appear on the streets until 8:30 PM, fully two hours after the worst of the rioting was over. Therefore, the committee was asked by Communist lawyers to conclude that the literature could not have been a cause of much loss of property or life.” The New York Amsterdam News editorial, “The Road is Clear,” described the testimony that “The much-publicized Young Liberator pamphlets, carrying the false reports, did not appear on the streets until two hours after the worst rioting was over” as “one important fact” established by the MCCH. “With the red herring out of the way,” the editorial went on, “the investigating body can set out to probe the basic factors which really precipitated the riots - the discrimination, exploitation and oppression of 204,000 American citizens in the most liberal city in America. The New York Age, Home News and New York Times reported the testimony on when the leaflets appeared without addressing the implications of that evidence for the police narrative of the disorder. The New York American and Daily News mentioned other aspects of Taylor’s testimony about the leaflet but not when it was distributed, with the Daily News continuing to describe the leaflet as having "brought the riot into being." No mention of testimony about the leaflet appeared in stories about the hearing in the New York World-Telegram, Times Union, New York Post, and New York Evening Journal. In other words, the anti-Communist Hearst newspapers that had given the most attention to the leaflets did not respond to the testimony at odds with their narrative.
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2022-02-04T19:39:37+00:00
Two men speak to a crowd in front of Kress' store
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Around 5.30 PM, Daniel Miller, a twenty-four-year-old white man who identified himself as a member of the Nurses and Hospital League, left the Empire Cafeteria at 306 Lenox Avenue, just north of 125th Street, he testified in a public hearing of the MCCH. Walking along 125th Street toward his home at 35 Morningside Avenue, a man he knew named James Parton approached him, carrying a ladder and an American flag. Although Miller did not mention it, other witnesses identified Parton as a Black man. He told Miller, “there had been a little trouble and would you mind calling the Negroes and whites to boycott Kress store.” Parton then set up the ladder at 125th Street and 7th Avenue, “a corner frequently used for such purposes” according to the report of the MCCH subcommittee. However, on this occasion when he started speaking the traffic officer at the intersection allegedly told him to “take that ladder in front of Kress’ store,” Miller testified. While a traffic police officer might have been concerned to avoid having speakers attract a crowd that blocked traffic, it seems unlikely he would tell the men to instead go to the store, where the officers charged with guarding the store would have to deal with them. The men may instead have decided it would be more effective to speak in front of the location they were targeting.
By the time the Parton and Miller arrived in front of the store it was around 6:15 PM. Inspector Di Martini told a public hearing of the MCCH that he had left Kress’ store about fifteen minutes earlier, when the area seemed quiet to him. He left a sergeant and four patrolmen stationed in front of Kress’ store, according to his report on the disorder. Patrolman Moran testified in a MCCH hearing he was stationed across 125th Street opposite Kress’ store. Patrolman Timothy Shannon, who had been in the store since 4:00 PM, must have been one of the officers stationed directly in front of the store, given his later involvement in arresting Miller, along with Sergeant Bauer, who testified he was a witness to that arrest.
Climbing the ladder, Parton said “there had been some trouble in Harlem and [he?] would like to have the Negroes and whites come together,” Miller told a MCCH public hearing. Louise Thompson wrote in New Masses that she heard him speak of "'Negro and white solidarity against police-provoked race-rioting." Other witnesses and newspaper stories simply reported that Parton introduced Miller. About 150-200 people were on 125th Street around Kress when he climbed the ladder, according to Miller. As he began speaking, someone in the crowd threw an object that broke a window in Kress’ store, behind Miller. At that moment Patrolman Shannon pulled Miller down from the ladder and arrested him. (Although Shannon testified in the public hearing, he was not asked to provide details about the arrest of Miller.) Other police officers then "cleared the crowd from the front of the Kress store," Patrolman Moran testified in a MCCH hearing. The people who had been listening to Miller scattered, many moving across 125th Street to the opposite sidewalk. There James Parton again attempted to speak to the crowd, but was moved on by police. Further east on 125th Street, he was able to climb a lamppost and speak, after which he introduced another white man, twenty-year-old Harry Gordon. He too would be dragged down and arrested by police around 6:30 PM.
As was the case with events inside Kress’ store, testimony in the public hearings of the MCCH provide the most detailed evidence of the events outside the store in the early evening of March 19. Louise Thompson testified on March 30, Patrolmen Shannon and Moran testified on April 6, and Miller and Harry Gordon testified on May 4. (Thompson’s article in New Masses mentioned only Miller speaking, without naming him.) The MCCH subcommittee report summarized that testimony briefly, a paragraph that appeared revised and slightly expanded in the final report. Neither narrative named the speakers.
By contrast, newspaper stories truncated the events and presented Miller as arriving and acting together with the three members of the Young Liberators, two white men and one Black man, arrested about half an hour later picketing in front of Kress, and in some cases with Harry Gordon. In those stories, the men’s speeches and actions were responsible for moving the crowd to violence. That portrayal reflected what police told reporters. (The MCCH final report argued to the contrary that “It was probably due in some measure to the activities of these racial leaders, both white and black, that the crowds attacked property rather than persons.”)
The New York American focused on Miller’s arrest by Shannon, triggered not by the broken window but after he refused an order to move on, and added a second episode that other evidence indicates did not happen: the two white Young Liberators and Gordon came to Miller’s aid when he was arrested, and battled Shannon and two other patrolmen before also being arrested. (That story relied on information from the police and misidentified Gordon as picketing the store and portrayed the Black man who did picket, Viabolo, as a bystander “who had offered the boys help.”) A briefer version of that inaccurate narrative appeared in the New York Evening Journal, without the names of the other officers involved, and omitting Viabolo. Both Hearst newspapers shared an anti-Communist stance and a sensational style.
The New York Sun identified Miller as speaker, but described an extended speech that aroused a crowd that other sources indicate did not happen: “Miller's exhortations played upon their credulity until whispers that the boy had been murdered began to creep around the fringe of the restive mob.” Only after being “harangued” by Miller did someone in the crowd break a window (harangue was also the word used by the New York Times, New York Post, Afro-American, and New York Evening Journal). The story did not mention the circumstances of his arrest. The New York Times more briefly described a similar scene and also mentioned Miller’s arrest. Neither newspaper included Gordon in the group of men. The New York Post more briefly described Miller, Gordon, and the two other white men as having been arrested for “haranguing crowds, urging them to fight.” The New York Age reported the arrest of the four men in front of the store without details of what police alleged they had done. The New York Herald Tribune, Home News, Daily News, and Afro-American initially reported only the presence of unnamed speakers, to whom the Daily News, Afro-American and Home News gave an inflated role in moving those on the street to act, and did not mention that police arrested them.
Additional stories featuring Miller appeared when he was arraigned in the Magistrates Court on March 20, including in the papers who the previous day had not named him and the others who spoke and picketed. Again, Miller was grouped with the three Young Liberators who picketed, following police presenting them as a group in court, with Patrolman Shannon as the arresting officer of all four men. In court, Gordon appeared separately, and charged with assaulting the police officer who arrested him. Gordon was also alone in speaking out in the police line-up, attracting attention from reporters. The Daily Mirror reported Gordon identified himself as a college student, apparently leading that reporter to assume that Miller and the other men were also students. The New York Times and New York Sun instead recorded Miller as unemployed, while other newspapers did not list his occupation. Police told reporters that Miller and the other men were all members of the Young Liberators and Communists, according to the New York Sun, a label also employed by the Daily News and New York Age, and unsurprisingly, the three Hearst newspapers, the New York American, Daily Mirror, and New York Evening Journal,. Lawyers from the ILD who appeared in the Harlem Magistrates Court to represent them provided further confirmation of that association (Gordon refused that representation in favor of getting himself a lawyer, but that man was also an ILD attorney, Gordon revealed in the public hearing, whom he claimed he knew through his son, not political activities.)
In the public hearing, Miller testified he was a member not of the Young Liberators but of the Nurses and Hospital League. Nonetheless the goal of that organization, “to fight for Negro workers and Hospitals” still associated him with the Communist Party. So too did his choice of restaurant in Harlem. The Empire Cafeteria had been the target of a Communist Party campaign to force the owners to hire Black staff six months earlier, after which it became a regular advertiser in the Daily Worker. That Communist Party newspaper would report that the Empire Cafeteria was one of the businesses not damaged during the disorder.
On March 29, several days after Miller and the other men appeared in the Harlem Magistrates Court, and before the first public hearing of the MCCH, the Daily Worker published a detailed narrative of the events in and outside Kress at the beginning of the disorder. It was the only newspaper to revisit these events after the initial reporting. Police dragging Miller down and arresting him are included in that narrative. However, before the arrest, the story described an “orderly” meeting in which the “speakers urged unity of black and white workers in the fight against Negro oppression. They pointed out the discrimination in jobs, in housing, in relief. They referred to Scottsboro. They urged particularly that the workers guard against boss incitement to race riot, which would be the opposite of workers' solidarity in the struggle for Negro rights and for working class rights in general.” While that is likely what the Communist speakers would have said, Miller testified a little over a month later that no such meeting took place. “Fellow Workers” was all he said before a window was broken and police arrested him. The Daily Worker did not publish a story about the MCCH hearing in which Miller appeared. The newspapers that did publish stories on that hearing did not mention Miller. It was at that hearing on May 4 that Gordon testified about how police beat him while he was in custody, and denied him food and access to a lawyer. His testimony was widely reported, effectively overshadowing what Miller said. Neither man's testimony was reported in stories in the New York World-Telegram, New York Evening Journal, which focused on the upheaval in the audience, or the New York Post, which focused on another police brutality case.
Daniel Miller 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. When Miller appeared in the Harlem Magistrates Court on March 20, the charge recorded in the docket book was riot. Assistant District Attorney Carey requested Miller be held for a hearing on March 23, on the maximum bail of $2,500, like the three Young Liberators arrested after Miller for picketing Kress' store. The police grouped the four men together, telling newspaper reporters they were the "ringleaders" of the disorder. When Miller and the three other men returned to court, the charges against them were dismissed as the grand jury had already sent them for trial. While the Magistrates Court docket book recorded the deposition of the men's cases as "Dism[issed], def[endant] indicted," the grand jury had actually voted informations against them, sending them for trial on misdemeanor charges in the Court of Special Sessions, rather than indictments for more serious felony charges, a distinction most clearly reported in the Daily News. The men's trial did not take place until June 20. After hearing evidence that that a crowd had collected in front of Kress' prior to the men arriving, the judges found the men not guilty of inciting a riot, the New York Amsterdam News reported.
Only one historian, Thomas Kessner, names Miller in his narrative of the beginning of the disorder. He mentions him as speaking, at more length than he did, immediately before the window in Kress' store was broken. Miller's arrest was not part of Kessner's account, nor was Harry Gordon speaking. Mark Naison, Cheryl Greenberg, Marilynn Johnson, Lorrin Thomas, and Nicole Watson group Miller and Gordon together as “speakers” pulled down by police. All these historians 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 among 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.
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12:00 AM to 12:30 AM
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Around midnight, gunshots rang out more frequently as the violence of the police response to the disorder intensified. Some of that shooting came as police encountered and tried to disperse the crowds in the two areas where disorder was concentrated at this time, Lenox Avenue north of 125th Street and 7th Avenue south of 125th Street.
On Lenox Avenue around 132nd Street, the staff in William Feinstein’s liquor store who had been watching the violence for an hour heard an increase in police gunfire that made them decide it was no longer safe to remain. David Schmoockler, the manager, and an unnamed Black employee locked the doors, closed the iron gates that protected the storefront, and left Harlem. Lawyers for the city would later criticize the men for not first moving the merchandise in the window to the rear of the store. The judge in that trial saw the men’s situation differently, accepting that they had been too scared by the escalating violence to spend any longer in the store.
Schmoockler and his coworker were not the only people observing the disorder who perceived an increase in police violence and use of guns around midnight. So too did several white journalists. Gunfire that had been episodic in the preceding hours became more constant. White journalists variously attributed police shooting to the increased violence of participants in the disorder, the need to protect white men and women from attack, and the outbreak of widespread looting, while the Afro-American’s correspondent portrayed it as a response to the increasing number of police being injured. Only more widespread looting was actually evident on Lenox Avenue at the time. It took little for police to feel justified in shooting at Harlem’s residents, so individuals taking items rather than simply damaging businesses was enough to increase the shooting. In the context of looting, police officers also became more willing to use their guns in efforts to disperse crowds on the street. Increasingly indiscriminate shooting made it more likely that bystanders would be hit by bullets, a situation all too familiar to Harlem residents.
The spread of looting reflected the variety of circumstances in which it had begun to take place. By midnight, sustained attacks on businesses had done enough damage to make merchandise in the window displays accessible to those who were on the streets. More often than earlier in the disorder, windows were broken so items could be taken immediately. As window displays were emptied of merchandise, those seeking items they needed ventured inside businesses. Individuals climbed through smashed windows to access merchandise on shelves inside or, less often, broke down doors and walked in. Doing so required more willingness to break the law and involved more risk of arrest as it took more time and offered little chance to escape if police arrived. In some cases, those who went inside threw merchandise out on to the street, making it available for others to take more easily and with less risk than reaching into windows.
As participants in the disorder moved out of range of police guns and more of the neighborhood’s most desperate residents came to the street from their homes to the east, it was perhaps around this time that attacks on businesses and looting began to spread north of this area, into blocks in the heart of Black Harlem around 135th Street. A branch of the Wohlmuth clothing store chain at 477 Lenox Avenue near West 134th Street, a chain grocery store near 135th Street, and Philip Jaross’ tailor’s shop between 136th and 137th Streets would all be looted. However, the violence around 135th Street was less extensive than in the blocks below 130th Street. Police estimated that only eighty-five broken windows in total were damaged north of 130th Street on 8th, 7th, Lenox, and 5th Avenues combined. There were crowds of people in the streets on those blocks; twenty-eight of the thirty-two arrests north of 130th Street resulted in charges of disorderly conduct. All those businesses reported to have been looted contained items of which many of Harlem's residents were in need: food and clothing.
Some of the violence seen around 131st Street now manifested further south. A fire was started in Harry Lash’s 5c & 10c store on the corner of 130th Street around midnight. Display windows were smashed the length of the store that faced West 130th Street, as well as on the Lenox Avenue side, and much of their contents taken. Arnold Ford, a nineteen-year-old Black man, joined others entering the store and "helping himself to some merchandise." Untroubled by police, he took "soap, garters, thread and notions" with a value of $1.15. Although Lash would ultimately put the value of the merchandise taken from the store at $1,000, photographs taken the next day showed large quantities of items still on shelves inside the store. The fire was on the West 130th Street side of the building, and firefighters extinguished it before it did much damage. Nonetheless, photographers and newsreel cameras all arrived in time to capture images of the flames. Police would also have converged to respond to the fire and manage the crowds drawn by it and the presence of the firefighters. They likely also arrested the only person charged with taking merchandise from the store, Milton Ackerman, a twenty-four-year-old Black man. He lived nearby on West 130th Street, midway down the block east of the store, so probably was among the residents who had come to Lenox Avenue in response to noise and rumors. Officer Brown must have claimed to have seen him in the store as he charged Ackerman with burglary for taking two rolls of paper and some napkins worth 13 cents in total. While a grand jury did indict him for that offense, indicating that police presented some evidence, a judge later dismissed the indictment, raising the possibility that Ackerman had not actually been a participant in the attacks on the store. Instead, he may have been among those on the street near the store, arrested either by mistake or as part of efforts to clear the streets, as had happened on earlier on 7th and 8th Avenues.
Other arrests of residents in the vicinity of damaged and looted businesses with apparently little regard to whether they participated in the violence were occurring in the blocks south of Lash’s store. Police efforts to control the violence there, as around West 132nd Street, appeared to only temporarily disperse groups who quickly reformed nearby and shifted their attention to different targets. Those participants in the violence were emerging from and returning to the groups of spectators on the street, at least some of whom followed groups moving up and down the avenue rather than remaining in one place as Samuel Pitts and Marshall Pfifer did on 7th Avenue, adding to the disorder on the streets. Businesses in the area consequently suffered episodic attacks, accruing damage and losing merchandise across a period of several hours. At least some officers responded as their colleagues had earlier by somewhat indiscriminately arresting those in the vicinity of damaged and looted businesses. That is what happened around this time at the Romanoff drug store at 375 Lenox Avenue, on the corner of West 129th Street a block south of Lash’s store. An unidentified police officer arrested three men, Oscar Austin, a twenty-nine-year-old Black man, and two twenty-four-year-old Black men, Jacob Bonaparte and Sam Nicholas, and charged them with attempted burglary. That charge fit circumstances in which he had seen the men reaching into the store windows or inside the store but had not found any merchandise in their possession. However, that was not what the men had been doing, as the charge was changed to disorderly conduct when they appeared in court and was then rejected outright by the magistrate who acquitted them. Austin, Bonaparte, and Nicholas were spectators, not participants in the disorder, residents of West 128th Street and West 124th Street who had remained close to home as they followed events on Lenox Avenue.
Even as police intervened to stop the attacks on some businesses, other groups attacked and looted nearby stores without any impediment. Anthony Avitable saw crowds "just breaking into my store" at 381 Lenox Avenue on the block north of the Romanoff drug store as he drove over the 138th Street bridge. He had heard about the disorder in Harlem around midnight and was on his way from his home in the Bronx. Seeing no police near his store, he drove on to the 28th Precinct Station on West 123rd Street and at 12:30 AM report the looting. Officers there said they "couldn't do anything for me," and that he should contact police headquarters. When Avitable called, "a police officer at headquarters told him over the phone: "I'll have men there in two minutes." It would be forty-five minutes before they arrived. Avitable would be one of the white business owners who later sued the city for damages for failing to protect them from the disorder.
Further south in the block between 125th and 126th Streets, police made multiple arrests that suggested there were more officers there around midnight than elsewhere on Lenox Avenue. Officer Anthony Barbaro, at least, was standing on the southeast corner of West 126th Street just after midnight. Undeterred by his presence, a group of people gathered in front of the Rex Drug store across 126th Street at 318 Lenox Avenue. Barbaro then claimed he heard two men call out, "Com[e] on gang, here's two more windows, let's break them." After throwing stones that shattered glass in the windows, the group ran north up Lenox Avenue. Barbaro gave chase. He was almost certainly joined by some other officers, as he alone would not have been able to apprehend the two alleged members of the group arrested two buildings north of the drug store, Leon Mauraine, a twenty-two-year-old Black window washer, and David Smith, a twenty-two-year-old Black clerk. Around ten minutes later, when a group of about thirty people gathered across the street in front of the Temple Grill & Restaurant at 317 Lenox Avenue, another patrolman, Alfred Tait, was nearby. After he allegedly heard Bernard Smith, a thirty-nine-year-old Black interior decorator shout to the group, "We will get these two windows here," throw two stones that broke the restaurant’s windows, and then call, "You fellows get the others," Tait moved to intervene. While his arrest of Smith halted this group’s attacks on the restaurant, it did not prevent them from moving on to break windows in nearby businesses.
Among the businesses that continued to be attacked notwithstanding the arrests were George’s Lunch and Piskin’s laundry on West 126th Street on the opposite side of Lenox Avenue to where Officer Barbaro had been standing. Police struggling with attacks around the intersection would have begun to fire their guns more indiscriminately, so it was likely around this time that a stray bullet went through the laundry window. At that point, Piskin decided to seek help from the police. While he had heard “plenty” of pistol shots before then without feeling the need to leave the laundry, a bullet actually hitting the window evidently represented an escalation in violence that made it too dangerous to remain. Next door, the white staff member in George’s Lunch remained locked in the washroom. Over the next hour or so, people made their way inside both businesses; in the following hours, the machinery in the laundry was broken and the furniture in the restaurant was demolished in attacks against white property that went beyond looting. Piskin’s efforts to get police protection against those attacks was to no avail. He did find an officer a block away at the intersection of West 125th Street and Lenox Avenue: "Report it — I can't leave my post," was the patrolman’s response. So Piskin then went to the 28th Precinct on West 123rd Street between 7th and 8th Avenues. He received no more help than Anthony Avitable had. "Oh we know all about it," was the response there. When Piskin complained about the lack of police protection, another officer told him, "My life is more important to me than your business is to you." Unsurprisingly, the laundry owner would join with Avitable in suing the city for damages.
Not only Piskin went without aid as police struggled to contain the violence around West 126th Street. So too did August Miller, a fifty-six-year-old white handyman, who collapsed near the intersection of 126th Street and Lenox Avenue sometime soon after Smith’s arrest. Miller had emerged from the subway station at 125th Street not long before, having traveled from the building in the Bronx where he lived and worked. It was a taxi-driver rather than police who went to his aid, transporting the unconscious man to the Joint Diseases Hospital, which was closer than Harlem Hospital. Miller died three days later without regaining consciousness long enough to describe what had happened to him. While the physician who examined Miller diagnosed a possible skull fracture, an injury the more sensational white press was quick to attribute to a beating by “rioters,” the medical examiner who later conducted an autopsy concluded that he had suffered a cerebral hemorrhage, “a natural cause [of death], nothing suspicious.” If violence was not directly responsible for Miller’s death, it does seem likely that the stress of being in the midst of the noise and crowds of the disorder contributed to some degree to him suffering a stroke at that time. Given those circumstances, August Miller is counted among those who died during the disorder.
A block west, a woman was attacked, likely in a continuation of the violence some groups of residents targeted at white individuals they encountered on Harlem’s streets. Twenty-six-year-old Emma Brockson’s race was not identified in the hospital record of her treatment for injuries to her left hand "received when assaulted by some unknown person or persons." However, she lived on West 126th Street just west of St Nicholas Avenue, on the boundary of an area largely populated by white residents. At the heart of the commercial district on 125th Street, the intersection with 7th Avenue was heavily trafficked by white shoppers and theater patrons, and consequently the site of recurring violence against white men and women before and after Brockson was assaulted. As elsewhere in Harlem, the presence of police in the area guarding damaged businesses and keeping crowds away from the Kress store did not prevent violence nor did it enable officers to intervene and make arrests when it broke out.
As well as pedestrians, the groups looking to direct violence at white men and women on 7th Avenue targeted the vehicles traveling on the street, a variant of the disorder not seen in other areas of Harlem. At the same intersection with 118th Street where a group had attacked Mario Pravia’s candy store around 11:30 PM, a rock or bottle thrown at a passing car shattered one of its windows, sending glass flying into the face of a passenger, Patricia O’Rourke, a thirty-year-old white woman. She was on her way home to the West Bronx with her two sisters. Harlem was not the destination of most of those driving on 7th Avenue. As the major artery in and out of the city, it brought white individuals into the disorder and delivered them to those looking for targets for violence. The cuts on O’Rourke’s eyes, forehead, and cheeks caused the driver of the car to divert to Harlem Hospital. When she emerged from the hospital sometime later with a bandaged head and a fur coat over her shoulders, O’Rourke attracted the attention of a Daily News photographer. When her image appeared on the front page it was captioned “A Girl Victim.” On 8th Avenue, where there was likely less traffic traveling under the elevated railway line, it was passing police vehicles that had objects thrown at them. Patrolman Harry Whittington, a thirty-five-year-old white member of Emergency Squad 9 was hit by a rock as the emergency truck passed West 123rd Street. While the identity of passengers in cars and buses would not always have been known to those who threw objects at them, that was not the case with police vehicles. Moreover, Whittington was likely riding on the outside of the truck as most of the crew did. He would certainly have been the intended target of the rock that hit his leg, providing a reminder that even as looting became widespread there were Harlem residents whose violence remained directed at police and the white authorities with power over life in Harlem.
Objects being thrown at passing cars were not the only incidents of violence on 7th Avenue around West 118th Street. Around midnight, Charles Saunders, a twenty-four-year-old Black unemployed elevator operator left the room at 1967 7th Avenue that he shared with his wife, Anna Gregory, to buy cigarettes. When he reached the street, Saunders saw the crowd gathered around Ralph Sirico’s shoe repair store to the north just past 119th Street at 1985 7th Avenue. Going to investigate, he saw shoes and hats being thrown out of the broken windows on to the street. Saunders joined others outside the store in picking up some of that merchandise, in his case a pair of shoes, and then turned back towards his home. However, the crowd around the store had also attracted the attention of Detective Jeremiah Juross, one of the police officers patrolling the avenue in radio cars. As he pulled over, the crowd in front to the store scattered. Juross claimed he saw Saunders jump out of the store window and flee down the street. The detective caught up with him and arrested Saunders for looting. Despite what Juross claimed to have seen, C. T. Berkeley, who was part of the crowd around the store, insisted that Saunders was not one of the two men who had been inside.
The arrests of three Black men for looting the branch of the Butler grocery store chain across the intersection from Sirico’s store might also have occurred around this time, perhaps after some of those on the street crossed 7th Avenue to avoid the police arresting Saunders. Multiple arrests required several officers, notwithstanding Patrolman Redmond being recorded as having apprehended all three men. Thirty-two-year-old Nelson Brock and nineteen-year-old Reginald Mills lived nearby, while thirty-year-old William Grant lived some distance uptown. The combination of local residents and visitors pointed to the mix of people on 7th Avenue, some of whom were moving to take merchandise from businesses as they became more damaged.
Violence was also reported for the first time on Lenox Avenue around the commercial district on West 116th Street. That was a very different neighborhood from the other sites of the disorder with a mix of mostly Puerto Rican, Spanish-speaking residents, white residents, and Black residents. Around 40% (75 of 194) of the businesses on West 116th Street between 8th Avenue and 5th Avenue had Hispanic owners when surveyed in the second half of 1935. There had been no violence in this area prior to 10:00 PM, when the businesses began to close. After midnight, a group of Black men and women took the trash cans in front of the San Antonio Market at 71 West 116th Street and threw them at the window on the right side of the store front, apparently watched by local residents who described the events to staff when the store reopened. After smashing all the glass out of the window, they took about $10 of groceries. Unlike in other areas, the store apparently did not suffer repeated attacks or looting over an extended time. Menswear stores in the two blocks to the south on Lenox Avenue that had windows broken may have been attacked around this time, perhaps by the same group. However, no clothing was taken from the window display of the southernmost of those businesses, Mario Gonzalez's Menswear Store at 86 Lenox Avenue. While local residents also described this attack to the store’s owners when they returned, there were no similar reports that established whether the menswear store at 112 Lenox Avenue had been looted or simply had windows broken.
The racial politics of Harlem predisposed Hispanic observers to identify the group who attacked these businesses as made up of Black individuals. In keeping with their general stance, Puerto Rican leaders sought to distance their community from the violence and any hostility it generated in white New Yorkers rather than align themselves with the grievances and protests of their Black neighbors. That it was a Puerto Rican boy who was the subject of the rumors that spurred the disorder was not known until it was over. No accounts of the disorder identified Puerto Ricans among the groups attacking white men and women and white-owned businesses elsewhere in Harlem, but most were viewing the disorder through a racial lens that would not have registered their presence. (Charles Romney, who was a somewhat unreliable source given his repeated efforts to put himself at the center of the MCCH investigation, did describe people talking in Spanish among those at 125th Street and 7th Avenue around 7:30 PM saying that were "going to get into this because a boy was murdered by police.”) On the other hand, that groups who avoided looting Black-owned businesses chose to target those with Hispanic owners indicated the opposite side of those tensions. At least some of the Black participants in the violence targeted their Hispanic neighbors as they did white business owners whom they saw as exploiting and discriminating against them. The extent of the division and misunderstanding between the residents of this area was evident in the response of a Puerto Rican journalist to two Black-owned businesses who followed the practice of putting up signs identifying the race of their owners. Rather than recognizing those signs as a form of protection against attacks meant for white-owned businesses, the journalist read them as a refusal to serve white and Hispanic customers.
Exactly where those who attacked the San Antonio Market came from, whether they were local residents or had come from 125th Street, is unknown in large part because police made no arrests in this area. Police would be on Lenox Avenue a few blocks to the north at West 118th Street, two hours later, and on 7th Avenue at its intersection with West 116th Street after that. However, there is no evidence that police patrolled West 116th Street. White and Black journalists also did not go to 116th Street; nor later did the members of the MCCH and their investigators. Their collective absences left the matter of how the presence of Hispanic residents and businesses complicated the racial violence of the disorder, and the full reach of the violence, addressed only in the Puerto Rican press. -
1
2022-02-13T21:48:02+00:00
Margaret Mitchell arrested
57
plain
2024-01-28T05:59:21+00:00
Officer Johnson of the 6th Division arrested Margaret Mitchell, an eighteen-year-old Black woman, inside Kress’ 5, 10 and 25c store, sometime around 5:00 PM on March 19. Police alleged that she was “throwing pans on floor and causing crowd to collect,” according to Inspector Di Martini’s report on the disorder. Pots and pans and glasses were knocked off counters and women screamed, after the store was closed and police tried to clear out those inside, Jackson Smith, the store manager, Patrolman Timothy Shannon, and Louise Thompson all testified. Only Thompson described the circumstances that produced that noise, most fully in an article in New Masses. After a woman she could not see screamed, Thompson joined part of the crowd who rushed to where the noise came from, the rear of the store. Police there pushed that crowd back and refused to answer when women asked “if the boy was injured and where he is,” Thompson wrote. The officers also “began to get rough.” A woman with an umbrella retaliated; she either hit an officer, according to Thompson’s testimony, or “knocked over a pile of pots and pans,” according to her article. Many of those in the store left once the noise and struggles with police began, both Thompson and Smith testified. Thompson remained with the woman she described knocking over pots and pans, who was not arrested, but she was clearly not the only person who knocked over merchandise in efforts to remain in the store until they had information about Rivera. Mitchell could also have been the woman whose scream drew Thompson and others to the rear of the store.
Margaret Mitchell appeared in many newspaper stories about what happened in Kress’ store, but almost all truncated the extended standoff between the Black women and store staff and police into a rapid sequence of events, in the process mistaking what Mitchell was alleged to have done and when she was arrested. The Home News reported that Mitchell “attempted to take the Rivera boy from the department store detectives and cried out that the guards were beating the youth.” La Prensa also reported Mitchell trying to intervene. Although the Home News went on to claim that Mitchell was arrested at that time, neither Charles Hurley nor Patrolman Donahue mentioned a woman being part of their struggles with Rivera, and Donahue testified he did not arrest anyone while at Kress’ store. The Afro-American, New York Amsterdam News, New York Evening Journal (and the New York Times on March 24) reported that Mitchell was arrested after she screamed when the boy was being beaten. However, the New York Times, Daily News, New York American, New York Post, New York Herald Tribune, and Daily Worker did not specify when she screamed (or spread rumors in the New York Times story, or was “a leader of the disturbance” in the New York Herald Tribune story) — although the Daily News, New York American, and New York Post did elsewhere in their stories mention an unnamed woman running into street screaming at the time Rivera was grabbed. The New York Sun alone specified that Mitchell’s actions came later: “The woman whose cries that the boy had been murdered, rekindled the vandalism after the police had succeeded in quenching it earlier in the evening, is Margaret Mitchell, 18, of 283 West 150th street.” The next day, in reporting Mitchell’s arraignment in the Harlem Magistrate’s Court, the Home News combined its description of her trying to intervene when Rivera was grabbed with the later events mentioned in Di Martini’s report. While reiterating that she “attempted to take the Rivera boy from the department store detectives and cried out that the guards were beating the youth,” the story added that after Rivera had been taken to the basement, she was “urging other colored people in the store to demand the release of the boy, started throwing merchandise to the floor and upset many of the counter displays.” Inspector Di Martini's report, while containing few details of events in the store, did distinguish Mitchell from the woman who reacted to Rivera, whose actions he located slightly later than the newspaper stories, "upon the arrival of the ambulance [to treat Hurley and Urban]," when the "unknown female screamed that the boy had been seriously injured or killed and otherwise caused a commotion which attracted a large number of persons." Mitchell's arrest came later, after which "this commotion was soon quieted."
The more specific allegation of “throwing pans on floor and causing crowd to collect” was recorded in the 28th Precinct police blotter as “Disorderly in Kresses 5 & 10c Store.” That language echoed the offense with which the prosecutor charged Mitchell, disorderly conduct. She appeared in lists of those arrested and charged with disorderly conduct in the Atlanta World, Afro-American, and Norfolk Journal and Guide, the New York Evening Journal, New York American and Daily News. Arraigned in the Harlem Magistrates Court on March 20, Mitchell was found guilty by Magistrate Renaud, who remanded her until March 23 for investigation and sentencing. The Times Union reported that she “denied hysterically she participated in the rioting. She stood up from the witness chair screaming, then collapsed.” No other newspapers included that scene.
Mitchell returned to the court on March 23, telling Magistrate Renaud she was "sorry," according to the Home News and New York World-Telegram. In passing sentence, Renaud commented that “he did not believe the girl acted maliciously,” those two publications and the New York Times and New York Age reported. The sentence reflected that assessment: three days in the Workhouse or a fine of $10. The New York American reported only that outcome, obliquely reporting Renaud's comment by describing her as having "unwittingly started Tuesday's outbreak." A brief mention in the New York Amsterdam News gave the opposite impression by describing Mitchell as having been "found guilty" of "stirring up the mob." The Daily Worker pointed to what its reporter saw as the implications of her sentence, that it "beating of Negro children by Harlem white storekeepers of the police, as frequently has been the case." Mitchell was one of only three people convicted during the disorder who paid a fine. She was also one of only eighteen of those arraigned represented by a lawyer, in her case Sidney Christian, a prominent West Indian attorney.
The lawyer was likely obtained with the help of Mitchell’s father, Thomas E. Thompson. A West Indian immigrant who had arrived in New York City in 1895, Thompson had been a postal worker for thirty-five years at the time of his daughter’s arrest, and an office holder in the Prince Hall Masons. He and his family were among the earliest Black residents of Harlem, recorded in the 1910 census living in 55 West 137th Street. While not featuring on the social pages as Sidney Christian did, Thompson would have had the resources and the standing in the West Indian community to have known of and involved the lawyer. Mitchell, one of the youngest of Thompson's twelve children, had married in April 1934, and at the time of the disorder lived with her husband, David Mitchell, a handyman in an apartment building, at 287 West 150th Street. That she was in a store twenty-five blocks south of her home indicated the distance from which the businesses on West 125th Street drew their customers.
As the only person arrested in Kress’ store, and named in newspaper stories about the disorder, Mitchell was one of the few identifiable sources of information about the beginnings of the disorder for the MCCH. However, when Lt. Battle called at her home and requested that she be at the public hearing on March 30, “she refused to come.” Asked again about her testimony three weeks later, Battle reiterated that "she absolutely refuses to come to this hearing."
Margaret Mitchell and her husband still lived in the same apartment when the census enumerator called in 1940. In January 1945, she joined 200 family and friends celebrating her parents' 50th wedding anniversary, photographed alongside her siblings in an image published in the New York Amsterdam News. Her husband David was not part of the celebration; he was a sergeant in the US military serving overseas, as were two of Mitchell’s brothers and four nephews. -
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2021-10-13T21:18:12+00:00
Windows not broken (7)
51
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2024-02-03T19:21:17+00:00
Seven businesses were reported as not having their windows broken. The absence of damage drew attention because of claims that violence had been directed only at white-owned businesses rather than being an indiscriminate attack on property in Harlem. Stories in the Home News, New York Post, New York Evening Journal, and Afro-American made the claim that the windows of Black-owned businesses were generally not broken. The newspapers linked Black-owned businesses being spared to the appearance of signs identifying them in store windows. "It was significant that almost no windows of Negro-owned or Negro-staffed stores were broken," the white New York Post reporter wrote. "Many Negro storekeepers scrawled on their windows, with soap, the word "colored" and the heat of the mob was never sufficient to cause the Negroes to attack their own." Attacks on stores were initially indiscriminate in the account published in the New York Evening Journal, as "the mob made no choice, at first, of victims,...[a]nd then one colored man who owned a small restaurant pasted a sign in the window. It bore one word: 'Colored.' The mob passed him by and when others saw how the 'miracle' was worked, signs flashed up in store windows throughout West Harlem. Those owned by Negroes, in most cases, were not broken into." The Black reporter for the Afro-American similarly portrayed the crowd as less controlled and less discriminating. “Stores owned by colored persons in the rioting area had to rush improvised signs reading ‘Colored,' 'Black,' 'This Store Owned by Colored,' in order to be spared in the rain of bricks, whiskey bottles, and other missiles. At that, several colored establishments suffered." That description appears to have reflected the reporter's treatment among the crowds on the street, whose "ring leaders," he complained, "were ready to jump on the reporters of 'the Uncle Tom press' as they would on many whites.” The mention in the Home News appears to have confused the nature of the signs displayed. Explaining how it was that "Most of the damage was done to shops which were known to be operated by white persons," the reporter claimed "The colored persons who owned stores protected their shops against vandalism by picketing their establishments. They carried signs stating that the store was operated by colored people." No other sources mention pickets in front of Black-owned stores.
The official police account of the disorder, likely reflecting information shared with journalists, did not mention Black-owned businesses being attacked. Instead, in a “Report of Disorder” to the police commissioner, Inspector Di Martini, the commanding officer of the Sixth Division, described the “vandals who continued to break windows on 125th Street, Seventh Avenue, Lenox Avenue, 8th Avenue, Fifth Avenue” as targeting “stores occupied by whites.” However, the MCCH initially concluded that the violence against businesses was indiscriminate: the "Subcommittee which Investigated the Disturbances of March 19th" reported on May 29, 1935, "Nor is it true that stores owned by Negroes were spared. There is no evidence of any program or leadership of the rioters." The final MCCH Report was less definitive, but argued that any discrimination displayed by those on the streets faded over time. "While, of course, many motives were responsible for the actions of these crowds, it seems that as they grew more numerous and more active, the personality or racial Identity of the owners of the stores faded out and the property itself became the object of their fury. Stores owned by Negroes were not always spared if they happened to be in the path of those roving crowds, bent upon the destruction and the confiscation of property." That chronology is the reverse of the narrative in the stories in New York Post and Afro-American, in which the appearance of signs stopped attacks on Black-owned businesses.
Four of the businesses reported with undamaged windows displayed signs identifying them as Black-owned, in line with the chronology offered in the press rather than that in the MCCH Report. The Monterey Luncheonette, Winnette’s Dresses, and the Cozy Shoppe did not suffer any damage. In the case of the Cozy Shoppe, all five white businesses on the same block of 7th Avenue had windows broken and merchandise taken, evident in newsreel footage and information gathered by MCCH investigator James Tartar. Less detailed information is available on the block of Lenox Avenue where Winnette’s Dresses was located, but two white-owned stores were reported looted, and multiple other white-owned businesses were damaged or looted in the blocks to the north and south. While there were only two reported white-owned businesses with windows broken near the Monterey Luncheonette, it was located further north, on 7th Avenue and West 137th Street, an area north of West 135th Street where there were few white-owned businesses: only 8 of 24 businesses on the block on which the restaurant was located, and only 10 of 38 and 6 of 29 businesses on the blocks occupied by the damaged white-owned businesses. The fourth business, the Williams drug store, did suffer broken windows in its storefront facing 7th Avenue, but the windows facing West 128th Street, on which someone painted “Colored Store, Nix Jack” were not broken. The drug store was across 7th Avenue from the Cozy Shoppe, in an area where white businesses were significantly damaged and looted.
Three additional businesses reported as undamaged were white-owned. The Koch Department store and the Empire Cafeteria had both not been attacked, according to newspaper stories, because they had hired Black employees in 1934 during the boycott movement. White-owned businesses that employed Black staff drew some general attention in newspaper descriptions of attacks on businesses, distinguished from the businesses targeted for attack. The only white newspaper to make that distinction, the New York Post, reported "It was significant that almost no windows of Negro-owned or Negro-staffed stores were broken." The Pittsburgh Courier likewise reported that when "window smashing" extended beyond West 125th Street, "Most of it [was] directed against stores not employing colored clerks (with no mention of Black-owned businesses). Two other Black newspapers reported the opposite situation, although with a qualification. "Many white business houses which employ colored help in high positions were pillaged, " according to the Afro-American, and "Those employing Negroes in high positions were not spared," according to the Norfolk Journal and Guide. Just which businesses the stories referred to is uncertain. One possibility is that "high positions" referred to salespeople, rather than the porters and cleaners more commonly employed by white-owned businesses. Those positions had been the focus of the boycott movement in 1934. A survey by the New York Age a month after the disorder, likely not an accurate picture of the situation at the time of the disorder as there are reports of stores moving to hire Black staff after the disorder, found only 101 Black clerical staff in 134 stores (with the larger chain stores generally refusing to provide information). Harlem's Black newspapers made no mention that stores employing Black staff were not damaged, other than the New York Age publishing the interview in which the manager of Koch's asserted that his store was undamaged. The Empire Cafeteria hired Black staff after a campaign by the Communist Party, and its condition after the disorder is only reported in their newspaper, The Daily Worker. Although the story fitted the Party's efforts to show they had support from Harlem's Black residents, it is unlikely they would have made a claim that could so easily be checked unless it was true. It seems more likely that only they had any reason to give particular attention to that business.
The state of the other white-owned business identified as undamaged had nothing to do with its staff. Stan Katz's business was reported to have been protected rather than spared. A group of Black "boys" stood in front of the shop, "shouting to passing crowds that he was a friend of the Negroes," according to the New York Post. Neither of the two newspaper stories that mention the shop made clear if or how the boys knew the store owner.