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James Smitten arrested
Only two sources connect Smitten and Kitlitz. The hospital record identified Smitten as having been arrested for assaulting Kitlitz. Only the story in the New York Herald Tribune described the assault. In addition, Smitten appeared in lists of those arrested for assault in the Afro-American, Atlanta World, Norfolk Journal and Guide, New York Evening Journal, and Daily News. His name was misspelled as Smith in the New York Herald Tribune and as Smithner in the Daily News. (Another man named James Smith was arrested during the disorder, for robbery. Smith lived at a different address than Smitten, and was younger, but was confused with Smitten and given Smitten’s address in reports in the New York American and Daily News).
Smitten’s arrest occurred early enough on March 19 that he was charged with assault and arraigned that evening, in the Night Court. The New York Herald Tribune reported Magistrate Capshaw remanded him for investigation until Saturday, March 23, but he was not in the Magistrates Court docket book on that day, and there is no record of the outcome of his prosecution. One of the two other men mentioned in the New York Herald Tribune as arraigned with Smitten, an eighteen-year-old white man named Leo Smith, did appear in the Harlem Magistrates Court on March 20. Magistrate Capshaw convicted and sentenced the other man, Claudius Jones, in the Night Court on March 19.
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This page references:
- "Harlem Riot Damage is Figured at Half Million," Afro-American, March 30, 1935, 1, 2.
- "Injured," Daily News, March 20, 1935, 3
- "List of Dead And Injured In Riot In New York City," Norfolk Journal and Guide, March 30, 1935, 18.
- "1 Dead, 7 shot, 100 Hurt as Harlem Crowds Riot over Boy, 16, and Hearse," New York Herald Tribune, March 20, 1935, 1.
- "Medical Attendances, 19-20 March 1935," Subject Files, Box 167, Folder 5 (Roll 76), Records of Mayor Fiorello H. La Guardia, 1934-1945 (New York City Municipal Archives).
- "Says Economic Conditions in Harlem Are Bad," Atlanta World, March 27, 1935, 1, 2.
- "1 Slain, 20 Injured in Harlem Rioting," New York American, March 20, 1935, 1.
- "List of Those under Arrest in Harlem Riot and the Charges They Face," New York Evening Journal, March 20, 1935, 3.
- "Jailed for Rioting," Daily News, March 20, 1935, 4.