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James Hayes arrested
James Hayes is named among those charged with burglary in the lists published in the Atlanta World, Afro-American and Norfolk Journal and Guide, 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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This page references:
- "Transcripts of Police Blotter - Precinct 28, March 19 & 20, 1935," MCCH - Juvenile Delinquency - 1935-36, Departmental Correspondence. Box 34, Folder 1 (Roll 171), Records of Mayor Fiorello H. La Guardia, 1934-1945.
- "Police Guard Against New Uprising as Mayor Acts to Probe Race Riot," Home News, March 21, 1935, 1.
- New York Penal Law, § 404, 407: Burglary in third degree.
- New York Penal Law, § 1298-1299: Petit Larceny
- Harlem Magistrates Court docket book
- City Directory, New York, New York, 1933, 2348 (Ancestry.com)