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

James Tartar, "Investigator's Report Re: The Shooting of Lloyd Hobbs by Patrolman McInerny on the Morning of 3/20/1935," "Harlem, Mayor's Commission on Conditions in," Box 25, Folder 19, Arthur Garfield Hays Papers (Princeton University)

Arthur Garfield Hays Papers

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The MCCH investigation of the shooting of Lloyd Hobbs The MCCH learned of the shooting of Lloyd Hobbs from the New York Urban League. His father, Lawyer Hobbs, went several times to the 28th Precinct police station on West 123rd Street trying to get the name and shield number of the patrolman who had shot Lloyd, which the family had been too upset to get when they encountered him at Harlem Hospital. He also wanted to file a complaint against the officer. Although Hobbs "was told by the inspector that he could not file a complaint because he did not witness the affair, and knew nothing about it," no one at the precinct mentioned that Detective O'Brien was investigating the shooting. As police kept him "running up and down with no satisfaction," Lawyer Hobbs also went to the offices of the New York Urban League on West 136th Street. The Urban League was a social work and civil rights organization focused on the social and economic conditions of Black residents. James Hubert, the executive director, told Hobbs that they would look into it and to come back later. Although Hobbs did not mention it, someone at the Urban League also recorded his statement. Hobbs' recounted what his son Russell had told him, that the boys had stopped to see what a crowd was looking at when a patrolman appeared telling them to "break it up." The boys joined everyone else in running; the patrolman then shot Lloyd. Hobbs also added the exchange he and his wife had with the patrolman at Harlem Hospital, when he told them he had shot the boy because he had not stopped when told to. Lawyer Hobbs returned on Monday, March 25, to find that Hubert had no results for him. However, three days later, on March 28, the Urban League sent a letter sent to the MCCH, which enclosed the statement by Hobbs and asked for ”cooperation” and “assistance.” The MCCH had appealed for information in the statement it gave the press after its first meeting on March 25.

The MCCH responded to the information from the Urban League by including “Mr Lloyd Hobbs and family" on the list of eye-witnesses asked to give testimony to the first public hearing on March 30. Near the end of the day-long hearing, as Captain Rothengast was being questioned about who had been shot during the disorder, the chairman, Arthur Garfield Hays, asked did he "know anything specifically about a boy by the name of Hobbs?" Hays then had Mrs Carrie Hobbs stand up, to ask her if her son Russell was present, and called the boy up to testify. Rothengast knew nothing beyond what was in the arrest report, so Hays excused him so Russell could be questioned. His testimony, or at least as recorded by the stenographer, was a somewhat garbled version of what he had told his parents. He talked of stopping on 125th Street, not 7th Avenue, and the patrolmen running up on the pavement on a horse, not in a patrol car. Few newspapers stories about the hearing mentioned Russell's testimony, even as they reported Lloyd's death later that night. Hays, however, did pay attention to the testimony, not only because Lloyd had died. Hays made investigating deaths during the disorder and victims of police brutality the next focus of his subcommittee's hearings.

On April 1, Hays wrote to the MCCH's secretary, Eunice Carter, telling her to have the Hobbs family attend the next hearing, on April 6, and to "have our investigators find out all they can about [the Hobbs case]." He also had an attorney at his law firm assisting him, Hyman Glickstein, write to Police Inspector Di Martini and the superintendent of Harlem Hospital to obtain their records relating to Lloyd Hobbs. Carter assigned the investigation to James Tartar, one of the staff who had sought witnesses to the causes of the disorder the previous week. He did what Detective O'Brien had not; he interviewed the Hobbs family "as the first source," having the advantage of knowing that Russell had been with Lloyd when Mcinerney shot him. Tartar complied a "social and economic history of the family" and took statements from Russell and his mother. He also learned from Lawyer Hobbs that he had been contacted by two eye-witnesses, Howard Malloy and Arthur Moore.

Tartar met with the men at 213 West 128th Street, the apartment building in which they both lived, and recorded "their story." Malloy said he had walked past the automobile store almost two hours before McInerney alleged he had heard the window breaking and Hobbs taking items and the windows had been entirely broken with no merchandise remaining inside them. Not long before the Hobbs brothers arrived, he and Moore had come out to get ice-cream for their wives, who were in the Moore's apartment. As they arrived at the northwest corner of 128th and 7th Avenue, they saw a "commotion" on the block of 7th Avenue to the south. As they watched, people began to move toward them, breaking into a run. When Lloyd Hobbs turned west on 128th Street, they saw the patrolman shoot the boy without calling on him to halt. Nothing fell to the ground when the shot hit the boy. They also contradicted the officers' claim that objects had been thrown at them, saying that seeing both men had guns caused people in the area to stay away.

On April 2, Tartar also spoke with ADA Saul Price, who told him he "that the officer had not been exonerated, due to the fact that he was waiting to hear the story from the Hobbs family, particularly Russell Hobbs." An interview with the police department's ballistic expert produced no information as he had not received the bullet that hit Lloyd. Tartar's visit to Harlem Hospital was more successful, as Dr. Steinholz shared the boy's chart, which the investigator copied. An additional interview with Inspector Di Martini not mentioned in Tartar's report allowed him to make a copy of a report to Commissioner Valentine from commander of the 28th Precinct, Captain George Mulholland, on the subject of "The shooting of prisoner by Patrolman." It described McInerney observing Hobbs leaving the store window "with several objects in his hands," giving that evidence a far more prominent and specific place than they had in O'Brien's reports. Threats to the patrolman also received more attention, with allegations that "the colored people in the immediate vicinity threw bottles and other objects from the windows with the intent to strike the officer” and that the officers "dispersed a large crowd of colored men and women who had threatened them" before they could leave the scene.

Tartar was among those who testified at the MCCH's April 6 public hearing, with Russell Hobbs and both his parents, Malloy and Moore, and a third man who had been with them when Lloyd Hobbs was shot, Samuel Pitts. Pitts' name was added in pencil to the MCCH's typewritten witness list, indicating they had not known he would be present. He likely came with Malloy and Moore, although he lived some distance from them, at 112 West 127th Street. Pitts witnessed the shooting from the same corner as those men, where he had been since about 10:00 PM, "looking after people and cops shooting[, and] talking about the riot." Russell's testimony was more in line with his statement than the previous week. Having continued to run up 7th Avenue fearing a beating by police, he had not, however, seen his brother shot. His parents testified that when they found Lloyd in the hospital, he told them, “Mother, the officer shot me for nothing. I was not doing anything.” McInerney, guarding the boy, said "Why didn't you halt when I told you to?" Malloy, Moore and Pitts, who all had seen the shooting, described the same details. Arthur Garfield Hays had also expected Patrolman McInerney to testify, but although he was at the hearing, District Attorney Dodge had refused to allow officers involved in cases in the legal system to give evidence. The police officer who did testify, also not on the MCCH list of witnesses, was Detective Thomas McCormick, the stenographer who recorded Lloyd's statement at Harlem Hospital. He read that statement, which echoed what the boy had told his parents when they found him in the hospital: he had done nothing but run when the patrol car pulled up but McInerney had shot him. The hearing also heard from medical staff from Harlem Hospital. The case of Lloyd Hobbs was the first about which Hays asked them. All Dr. Arthur Logan could tell him was the nature of the boy's injuries; he had not said anything in the doctor's presence and no items had been found in his clothing. While the Black press (except for the New York Amsterdam News) highlighted the testimony on the case, among white publications only the radical Daily Worker and New Masses gave it similar prominence in reporting the hearing, and only the New York Times and Home News among the mainstream white press even mentioned Lloyd Hobbs.

Hays announced plans to continue hearing evidence about the killing of Lloyd Hobbs at his subcommittee's next public hearing, in two weeks, the New York Times, New York Age, and Afro-American reported. However, Detective O'Brien delivered subpoenas to the three eye-witnesses after they appeared before the MCCH. Two days later, ADA Saul Price drew the men into the police investigation.
Greenfield Auto Equipment store looted Around 9.00 PM, Louis Eisenberg and three of his staff finished up putting new merchandise and sign cards in the store windows of Greenfield Auto Equipment, at 2150 7th Avenue, and began cleaning up inside the store. They "heard a terrific crash at the front door and saw angry crowd surging into the store," he told the MCCH in a private interview. Eisenberg and his staff fled out the rear of the store, and on to the street, where they hailed a cab to take them away from the crowd. The timing of that escape varied in different sources. In police records, Eisenberg and his staff fled out a rear window, into the back yard of the store, where they remained until around 11.30 PM. Only then did they avoid the "mob" on the street by jumping in a passing taxi. In his interview with the MCCH, Eisenberg described going from the yard to the neighboring "tailor shop" (actually a cleaning store) and hailing a cab from there. There was no mention of spending time in the yard in the interview, and from the cab he saw only one broken window, which suggested that he and his staff left soon after fleeing the store. That statement contradicted Eisenberg's statements to James Tartar, an investigator for the MCCH, that five windows were broken between 8.30 PM and 9.00PM. Tartar also recorded information from the white owners of four of the six other occupied stores on this block of 7th Avenue, between West 127th Street and West 128th Street, who reported windows broken sometime between 8.45 PM and 11.00 PM. The owner of the cleaning store neighboring Eisenberg's store specified that the windows in the auto equipment store were broken before those in his store, four of which were targeted between 8.45 PM and 9.30 PM.

The time that the windows were broken was early enough in the evening that most of the neighboring stores would still have been open for business, or at least still staffed, as Greenfield Auto Equipment had been. That all the neighboring storeowners interviewed by Tartar could give a time when people threw objects that broke their store windows indicates they were present. The Black-owned Cozy Shoppe at 2154 7th Avenue, on the corner of 128th Street, was undamaged; someone from that store had written "Colored Shoppe" on the store window. Tartar included the "Cozy Shop" on his drawing of the block, together with a Black-owned beauty parlor to the left of the auto equipment store, but neither appear in his list of looted businesses, suggesting the beauty parlor may also have been undamaged.

The storeowners also provided the value of the stock stolen from their stores. Eisenberg put the value of stock stolen from his store at $850; when he reported the theft to police he provided a two-page list of merchandise without information on its value. While Eisenberg's account of men rushing into his store implied that goods were stolen as soon as the window was broken, the more fragmentary responses Tartar recorded from the other store owners suggested that looting may have happened later, as more general narratives in the press related. The owner of the saloon on the corner of West 127th Street, the Harlem Grill, reported one window broken around 9.00PM, and two more at least an hour later. Crowds smashed windows in stores on the opposite side of the street apparently without looting them around 9.45 PM, when a police officer arrested Leroy Brown for urging a group of people to follow his lead after he threw a tailor's dummy through a window. Whenever the looting started, by around 11.00 PM, when Howard Malloy passed the store, all the goods in the display window had been taken, he told Tartar in an interview on April 5. On March 20, Detective O'Brien visited the store and reported that he found "five (5) windows of the store broken and merchandise strewn about the floor and window. Also noted that the street in the immediate vicinity was littered with broken glass, bricks, stones and other heavy objects."

Information on the Greenfield Auto Equipment store, and those store neighboring it, appeared in the records of the MCCH because of what happened after the looting, or at least after the looting had started. Around 12.55 AM, two police officers in a squad car traveling south on 7th Avenue reported hearing smashing glass, and seeing Lloyd Hobbs, a sixteen-year-old Black student standing in the store window passing merchandise to a crowd of people on the street. They stopped their car and Patrolman McInerney chased after the crowd. As Hobbs ran across west across 128th Street McInery shot the boy in the back. Although the officers transported him to Harlem Hospital, Hobbs died on March 30. He and his younger brother had been at a show at the Apollo Theater until 12.30 AM, when they emerged to find "general disorder and many broken windows." Russell told Tartar that they wanted to "see and hear what was going on," so walked along 125th Street and up 7th Avenue, passing a crowd in front of Eisenberg's store at the time the police car arrived. Both boys denied Lloyd had looted the store; they had simply joined the crowd in running when the police car stopped, and McInerny had shot Lloyd without warning when he split from the group and turned west on 128th Street, back in the direction of the family home. Three Black eye-witnesses, including Howard Malloy, confirmed that account. Police insisted Hobbs had stolen goods from the store, but they did not produce the items they claimed to have found on him - a horn and socket set - until several weeks after the shooting. The grand jury twice declined to indict McInnery for shooting Hobbs, accepting his claim that it was a justifiable homicide. The MCCH did not agree, and Hobbs became a central part of their report on the events of the disorder.

No other people were arrested or charged with looting the Greenfield Auto Equipment store, or the other stores on this block of 7th Avenue. Eisenberg "was on the point of closing after the riot but was persuaded to stay on," he told a MCCH investigator who visited the store on June 25. He had been in business for sixteen years, with a staff of four, two of whom were Black men. A white-owned auto supply store was recorded in the MCCH business survey taken in the second half of 1935 (mistakenly located at 2152 7th Avenue rather than 2150 7th Avenue). By 1939, however, the store was gone, with a billiard parlor in its place in the Tax Department photograph.
Investigations (March 30-April 5) The Report of the Secretary for March 30th to April 5th contained less detail of the staff’s investigative work than Carter’s first report. The one activity that was included was that “Investigations were made of the facts in the Hobbs case and witnesses interviewed in order that this case might be heard at the hearing of the Commission on the events of March 19th, on Saturday.” Hays had written to Eunice Carter on April 1 asking to "have our investigators find out all they can about [the Hobbs case]" and to have the Hobbs family attend the next hearing, on April 6. Carter assigned the investigation to James Tartar, a Black staff member who had sought witnesses to the causes of the disorder the previous week. He interviewed the Hobbs family "as the first source," complied a "social and economic history of the family" and took statements from Russell and his mother. He also learned from Lawyer Hobbs that he had been contacted by two eye-witnesses, Howard Malloy and Arthur Moore. Tartar met with the men at 213 West 128th Street, the apartment building in which they both lived, and recorded "their story." On April 2, Tartar also spoke with ADA Saul Price, who told him he "that the officer had not been exonerated, due to the fact that he was waiting to hear the story from the Hobbs family, particularly Russell Hobbs." An interview with the police department's ballistic expert produced no information as he had not received the bullet that hit Lloyd. Tartar's visit to Harlem Hospital was more successful, as Dr. Steinholz shared the boy's chart, which the investigator copied. An additional interview with Inspector Di Martini not in Tartar's report but mentioned in his testimony in the MCCH hearing allowed him to make a copy of a report to Commissioner Valentine from commander of the 28th Precinct, Captain George Mulholland, on the subject of "The shooting of prisoner by Patrolman."

Hyman Glickstein, an attorney working with Hays, undertook the work of gathering other evidence for the hearing. His correspondence indicated that the investigation of the killing of Lloyd Hobbs was part of a shift in the subcommittee’s focus from the events of March 19 to police misconduct and brutality, which Hays described in the MCCH meeting on April 5. Letters to Inspector Di Martini and Commissioner Valentine, the District Attorney and Harlem and Bellevue hospitals asked for the records of six cases. Four cases involved men who died during the disorder, Hobbs and James Thompson, Andrew Lyons and August Miller. Questions about those cases had been raised during the testimony of Captain Rothengast at the hearing on March 30. The other two cases had not occurred during the disorder. Edward Laurie had died at the hands of police soon after the disorder, a case that had been widely reported in the press. Thomas Aiken, blind in one eye after a beating by police just over a week before the disorder, had been brought to the MCCH's attention by Rev, Adam Clayton Powell, Jr., to who Aiken's mother had written. Glickstein asked that the police officers and physicians who had been involved in the cases be present at the next hearing. Witnesses to Aiken's beating and Laurie's family were also asked to be at the hearing.

Glickstein also wrote to the ILD lawyers James Tauber and Edward Kuntz and James Ford, Robert Minor and Carl Brodsky of the Communist Party seeking more cases, “all complaints of alleged police misconduct, not only on March 19th, but also on other occasions.” He told them to send him that information as soon as possible so he could have the police officers and physicians involved at the hearing. The requests continued the collaboration with the Communists that Hays had initiated the previous week. The Communist Party at some point send the MCCH the "Cases of Police Brutality , Discrimination and Mistreatment of Negroes in Harlem" in the Hays Papers. While that list of seventeen cases included Laurie, Aiken, and Frank Wells, an attack on an unidentified man, the arrest of a boy for lighting a fire in a school and the eviction of an interracial couple, it mostly consisted of clashes with police at Communist Party meetings and protests. Moreover, Glickstein wrote to Hays on April 4 that “evidence on behalf of the various persons arrested, shot or beaten seems to be considerably more difficult to obtain. I am, however, keeping at it, and I think that at least three or four of the cases, and, perhaps, more will be presented in complete detail before the Committee on Saturday.”

The requests for evidence from the Police Department were initially more successful. “You have my assurance that both the men and records will be made available to the Committee at its next hearing as well as subsequent meetings,” Valentine wrote to Glickstein. The day before hearing, DA Dodge intervened to disrupt the MCCH’s plans to have police officers testify. He directed police commanders to “instruct all police officers who may have cases pending not to reveal any of their testimony at any public hearing.” Those instructions restricted what police officers could say, not their ability to testify, so the officers requested to be present nonetheless attended the hearing. Hays read Dodge's letter to Commissioner Valentine, and his brief letter to Glickstein, the MCCH attorney, summarizing what he had instructed the Commissioner, at the beginning of the hearing, so those in attendance might know why police did not testify.
Preparation for the Public Hearing on April 6 The Report of the Secretary for March 30th to April 5th contained less detail of the staff’s investigative work than Carter’s first report. The one activity that was included was that “Investigations were made of the facts in the Hobbs case and witnesses interviewed in order that this case might be heard at the hearing of the Commission on the events of March 19th, on Saturday.” Hays had written to Eunice Carter on April 1 asking to "have our investigators find out all they can about [the Hobbs case]" and to have the Hobbs family attend the next hearing, on April 6. Carter assigned the investigation to James Tartar, a Black staff member who had sought witnesses to the causes of the disorder the previous week. Copies of his reports are in both the Hays Papers and the Records of Mayor La Guardia, and a narrative summary is in the Frazier papers. He interviewed the Hobbs family "as the first source," complied a "social and economic history of the family" and took statements from Russell and his mother. He also learned from Lawyer Hobbs that he had been contacted by two eye-witnesses, Howard Malloy and Arthur Moore. Tartar met with the men at 213 West 128th Street, the apartment building in which they both lived, and recorded "their story." On April 2, Tartar also spoke with ADA Saul Price, who told him he "that the officer had not been exonerated, due to the fact that he was waiting to hear the story from the Hobbs family, particularly Russell Hobbs." An interview with the police department's ballistic expert produced no information as he had not received the bullet that hit Lloyd. Tartar's visit to Harlem Hospital was more successful, as Dr. Steinholz shared the boy's chart, which the investigator copied. An additional interview with Inspector Di Martini not in Tartar's report but mentioned in his testimony in the MCCH hearing allowed him to make a copy of a report to Commissioner Valentine from commander of the 28th Precinct, Captain George Mulholland, on the subject of "The shooting of prisoner by Patrolman."

Hyman Glickstein, an attorney at Hays' law firm, undertook the work of gathering other evidence for the hearing. Copies of his correspondence are in both the Hays Papers and the Records of Mayor La Guardia. It indicated that the investigation of the killing of Lloyd Hobbs was part of a shift in the subcommittee’s focus from the events of March 19 to police misconduct and brutality, which Hays described in the MCCH meeting on April 5. Letters dated April 2 to Inspector Di Martini and Commissioner Valentine, the District Attorney and the Medical Examiner and Harlem hospital asked for the records of six cases. Four cases involved men who died during the disorder, Hobbs and James Thompson, Andrew Lyons and August Miller. Questions about those cases had been raised during the testimony of Captain Rothengast at the hearing on March 30. The other two cases had not occurred during the disorder. Edward Laurie had died at the hands of police soon after the disorder, a case that had been widely reported in the press. Thomas Aiken, blind in one eye after a beating by police just over a week before the disorder, had been brought to the MCCH's attention by Rev. Adam Clayton Powell, Jr., to who Aiken's mother had written. Glickstein asked that the police officers and physicians who had been involved in the cases be present at the next hearing. Witnesses to Aiken's beating and Laurie's family were also asked to be at the hearing.

Glickstein also wrote to the ILD lawyers James Tauber and Edward Kuntz and James Ford, Robert Minor and Carl Brodsky of the Communist Party seeking more cases, “all complaints of alleged police misconduct, not only on March 19th, but also on other occasions.” He told them to send him that information as soon as possible so he could have the police officers and physicians involved at the hearing. The requests continued the collaboration with the Communists that Hays had initiated the previous week. The Communist Party at some point sent the MCCH the "Cases of Police Brutality, Discrimination and Mistreatment of Negroes in Harlem" in the Hays Papers. While that list of seventeen cases included Laurie, Aiken, and Frank Wells, an attack on an unidentified man, the arrest of a boy for lighting a fire in a school and the eviction of an interracial couple, it mostly consisted of clashes with police at Communist Party meetings and protests. Moreover, Glickstein wrote to Hays on April 4 that “evidence on behalf of the various persons arrested, shot or beaten seems to be considerably more difficult to obtain. I am, however, keeping at it, and I think that at least three or four of the cases, and, perhaps, more will be presented in complete detail before the Committee on Saturday.”

The requests for evidence from the Police Department were initially more successful. “You have my assurance that both the men and records will be made available to the Committee at its next hearing as well as subsequent meetings,” Valentine wrote to Glickstein. The day before hearing, District Attorney Dodge intervened to disrupt the MCCH’s plans to have police officers testify. He directed police commanders to “instruct all police officers who may have cases pending not to reveal any of their testimony at any public hearing.” Those instructions restricted what police officers could say, not their ability to testify, so the officers requested to be present nonetheless attended the hearing. At the beginning of the hearing, Hays read Dodge's letter to Commissioner Valentine, and his brief letter to Glickstein, the MCCH attorney, summarizing what he had instructed the Commissioner, so those in attendance would know why police did not testify.

Although there was no record of efforts to secure their attendance, during the hearing Hays sought testimony from three women and one man listed as witnesses for the previous hearing who had not testified, Mrs Jackson, Ida Hengain, Effie Diton and Mr [Fred] Campbell, and from Steve Urban of the Kress store. Battle had said early in the day that he would get Effie Diton to the hearing, but clearly was unable to do so. Hays also tried on the day of the hearing to secure the testimony of two more witnesses to events in the Kress store. During the hearing, James Tauber of the ILD requested a letter be sent Mrs Williams of 2010 7th Ave, with the text of the letter read in the hearing. At some point on that day, a similar letter were sent to Mrs DePass, of 460 West 147th Street.