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

James Hayes arrested

Some time during the disorder, Detective Balkin of the 5th Division arrested James Hayes, a sixteen-year-old Black youth, for allegedly taking a baseball bat from the window of a store at 2334 8th Avenue, according to a report of his appearance in the Magistrates Court in the Home News. The name of the store is provided by the Harlem Magistrates Court docket book, which recorded the complainant against Hughes as Wilbur Montgomery, living at 951 Woodycrest Avenue. Montgomery is identified in the 1933 City Directory as the manager of Danbury Shoes. He is also the complainant against another man arrested by Detective Balkin, likely at the same time, David Terry. There are no details of the circumstances of Terry's arrest, but the charge against him in the Harlem Magistrates Court, malicious mischief, was made against those arrested in the disorder who had allegedly broken windows. The nearby intersection of 8th Avenue and West 125th Street, only a few buildings from Kress' store, saw some of the earliest crowds and violence of the disorder, and a concentration of police, who sought to clear West 125th Street by pushing people on to the avenue. Windows were also broken in stores either side of Danbury shoes, the branch of the Liggett drug store chain on the corner of West 125th Street and a seafood restaurant at 2338 8th Avenue.

James Hayes is named among those charged with burglary in the lists published in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and in the New York Evening Journal. He appeared in the Harlem Magistrates Court on March 20, where the charge was recorded as petit larceny not burglary. That charge did not require evidence that Hayes had entered the store to take the bat, as a charge of burglary did. While the 28th Precinct Police Blotter, which misspelled his name as Hazel, included a note that he "Broke store window," the different charge in court indicates that that information had been reassessed by the time of his arraignment. The Home News story reporting the court proceeding mentioned only that "he is said to have stolen a baseball bat from a store window." Magistrate Renaud transferred Hayes to the Court of Special Sessions and held him on $500 bail. The 28th Precinct Police Blotter is the only source for the outcome of that proceeding: a conviction and suspended sentence on April 1.

The Home News story gave Hayes' age as seventeen years, while the blotter and the list in the New York Evening Journal gave his age as sixteen years (the list published in the Black newspapers did not include age or home address). The age in the Magistrates Court docket book is difficult to decipher, appearing to be "10," but is likely a hastily written "16." Hayes was one of the youngest arrested during the disorder, together with John Henry, also aged sixteen years. Hayes lived at 476 West 141st Street, on Black Harlem's northwest boundary, further from the location of his arrest than most of those caught in the disorder, most of whom lived south of 125th Street or near Lenox Avenue south of 135th Street. 

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