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

James Smith arrested

Sometime during the disorder, Officer C. G. Weiler of the 32nd Precinct arrested James Smith, a seventeen-year-old Black man. Smith appeared in the lists of those arrested in the disorder charged with burglary published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, in the New York Evening Journal and in the Daily News. By the time that Smith appeared in the Washington Heights Magistrates Court on March 20, the charge against him had been reduced to disorderly conduct, a charge recorded in the docket book and reported in New York American. That change suggests that police did not have any evidence that Smith had taken any merchandise, or had been trying to take merchandise, the acts that constituted the offenses of burglary and larceny. He may have been accused of breaking store windows; a third of those police alleged broke windows faced a charge of disorderly conduct. But the definition of the offense did not actually encompass property damage, only various forms of breach of the peace. If the prosecutor was employing the charge in line with that definition, it was likely Smith had been part of a crowd near a looted store, but police could not establish that he attacked or took items from the store.

Magistrate Ford convicted Smith and sentenced him to six months in the Workhouse, an outcome recorded in the docket book and reported in the New York Herald Tribune and Home News and later in the New York Age. That was the maximum prison term the Magistrate could impose for disorderly conduct, and one of the heaviest punishments given to those arrested during the disorder. Notwithstanding the decision to charge him with disorderly conduct, that outcome suggests that police did allege that Smith had been involved in looting.

There is considerable variation in Smith's age and home address in as reported in the press. The docket book recorded him as seventeen years of age and living at 125 West 123rd Street, near the heart of the disorder. The New York Evening Journal and Daily News reported that home address, but Smith as eighteen years of age. The New York Herald Tribune, Home News, and New York Age reported Smith was forty-eight years of age, living at 112 West 136th Street, while the New York American reported his age as twenty-six years and his home as 158 West 123rd Street. Based on the docket book, the stories could not refer to anyone else who appeared in the Washington Heights Magistrates Court on March 20 other than James Smith.

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