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James Tartar, "Social and Economical History of the Hobbs Family," "Harlem, Mayor's Commission on Conditions in," Box 25, Folder 19, Arthur Garfield Hays Papers (Princeton University).
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- 1 2023-07-05T20:55:35+00:00 Anonymous Investigations of the events of the disorder Anonymous 31 plain 2023-07-10T21:46:12+00:00 Anonymous
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Lloyd Hobbs killed
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Lloyd Hobbs, a sixteen-year-old Black teenager, was shot and killed by Patrolman John McInerney, who claimed Hobbs had been looting an auto supply store.
Around 7:30 PM, Hobbs and his fifteen-year-old brother Russell had made the short trip from their home on St Nicholas Ave to the Apollo Theater on 125th Street for a show, not emerging until 12.30 AM. When they stepped back onto 125th St, they saw crowds down the block at the intersection with 7th Ave, and went to investigate. They followed as police pushed the crowd north on 7th Ave. As people milled in front of a damaged auto parts store at 2150 7th Avenue near 128th Street, a police radio car pulled up, and one of the officers inside, Patrolman John McInerney got out. Fearing that they would be beaten by the police, the boys and the others in front of the store ran up 7th Avenue. Here the accounts of the boys and seven Black eye-witnesses and those of the two white patrolmen diverged.
In assessing the case, the two reports gave significant weight to the character of Lloyd Hobbs and his family. The Subcommittee argued that "the record of Lloyd Hobbs and that of his family are presumptive evidence that he was not the kind of boy who would engage in looting." The Final Report of the MCCH described the boy as "having a good record in school and in the community, and being a member of a family of good standing and character." Lloyd Hobbs had been born in Brunswick County, Virginia, in 1916, the second youngest of five children of Mary and Lawyer Hobbs. (The story published in the New York Amsterdam News on April 6, 1935, accompanied by a photograph of Mrs Hobbs, gave her first name as Carrie, but it was recorded as Mary in the census in 1930, 1940 and 1950). The boy's name was recorded as Lawyer in the 1930 census and as Lawyer, Jr in the "Social and Economical History" of the family written by James Tartar, but elsewhere in that document and in all other sources as Lloyd. The family farmed in Virginia until 1927, and still owned 83 acres there, when Lawyer's ill-health required him to get work "which would not necessitate his being in the son," according to his wife. He had worked previously in New York City, so the family relocated there. Lawyer found work first as a sexton at Union Baptist Church, then for a construction company. Mary Hobbs worked first as a domestic servant, the most common occupation for Black women, before becoming one of a much smaller group employed in factory work, in her case at a lamp shade company. That was her occupation in the 1930 census; Lawyer's occupation was recorded as chauffeur. At that time the family lived at 228 West 140th Street, their home since they arrived in New York City. By April, 1931 both parents had lost their jobs, and the family joined many in Harlem applying for work and relief from private and government agencies. Sometime in the intervening years Lawyer Hobbs found some work as a helper on a truck owned by Charles Bell (perhaps a brother-in-law; a sister-in-law named Senora Bell lived with the family in 1930).
McInerney and his partner, Patrolman Watterson, claimed that as they were driving south their attention had been drawn to the auto parts store by the noise of breaking glass, and they had seen Lloyd in the window handing items out to those on the street. Three of the eye-witnesses, Howard Malloy, Arthur Moore and Marshall Pfifer, said all the windows of the store had been broken at least an hour earlier and nothing remained in the display by the time the Hobbs brothers arrived there. The patrolmen said that Lloyd climbed out of the window with items in his hands as they pulled up, and when McInerney pursued him up 7th Avenue and called on him to halt, continued to run. When those running from the patrolman got to 128th Street, Lloyd broke away from the group and turned west on to 128th Street. McInerney then shot the boy. Warren Wright, standing in the entrance of the apartments above 2150 7th Avenue, south of the store, Howard Malloy, Arthur Moore, and Samuel Pitts standing on the corner across 128th Street from the auto supply store, in front of Battle's Pharmacy, to which the crowd was running, John Bennett, in 201 West 128th Street toward which Lloyd turned and ran, and Marshall Pfifer, standing on the corner of West 128th Street on the other side of 7th Avenue, all testified that the boy had nothing in his hands as he ran and that McInerney did not call to him to halt before shooting him. After the bullet hit Hobbs and he fell to the ground, McInerney and Watterson, who had remained in the car, backing it into 128th Street, said Lloyd dropped a car horn and socket set, which McInerney picked up. Seven witnesses said that there was nothing on the ground next to the boy.
The two patrolman loaded Lloyd Hobbs into their car and drove him to Harlem Hospital. Russell Hobbs had kept running up 7th Avenue and had not seen the shooting. He learned from the crowd at the scene that it was his brother who had been shot and driven away and immediately ran home to tell his parents, Lawyer and Mary Hobbs. The family rushed to Harlem Hospital. When they found Lloyd, 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?" Lloyd offered the same account when questioned in the hospital by Homicide Bureau detectives, in a statement recorded by a police stenographer.
Lloyd Hobbs appeared in all seven published lists of those injured in the disorder, in the New York Evening Journal, New York Post, Daily News, New York American, Home News, New York Herald Tribune, and Brooklyn Daily Eagle.
In the following days, Lawyer Hobbs went to the 28th Precinct several times trying to make a complaint against the officer who had shot his son. He also sought help from the New York Urban League, giving them a statement about what had happened to his son on March 28, which they sent to the MCCH. As a result, Hobbs and his family were among the witnesses asked to come to the MCCH's first public hearing on March 30. Only Russell testified that day, briefly describing how his brother had been shot. A few hours later, at 6:30 PM, Lloyd Hobbs died in Harlem Hospital, the fourth death resulting from the disorder. While the New York Times, Daily News, New York Age, New York Amsterdam News and Afro-American referred to Russell's testimony in reporting Hobbs' death, the New York Herald Tribune, Times Union, Home News, Daily Mirror, New York American and Chicago Defender reported only the boy's death in their stories.
The next week, at the MCCH hearing, Lawyer, Mary and Russell Hobbs testified, together with three Black men who had witnessed the shooting, Howard Malloy, Arthur Moore and Samuel Pitts, Dr Arthur Logan, one of the physicians who treated Lloyd Hobbs, the police stenographer who had recorded a statement from the boy soon after he arrived at Harlem Hospital, and James Tartar, a Black investigator for the MCCH. Assistant District Attorney Saul Price heard the testimony of the three eye-witnesses soon after the hearing and had them appear before the grand jury on April 10 so they could consider charges against Patrolman McInerney. The grand jury also heard from Russell Hobbs, both his parents, McInerney's partner Patrolman Watterson, the police stenographer, the detective who investigated the shooting, John O'Brien, and the owner of the automobile supply store. Patrolman McInerney also offered to testify, but the grand jury opted not to hear him. They dismissed the case.
The MCCH nonetheless continued to investigate the boy's killing, hearing testimony from McInerney's partner, Patrolman Watterson and Detective O'Brien, who investigated the shooting, at a hearing on April 20 marked by angry interjections from the audience. Four additional witnesses to the shooting testified at a MCCH hearing on May 18. James Tartar, the MCCH investigator, also obtained information that McInerney had not turned in the items he claimed to have found next to Lloyd Hobbs until April 8, more than two weeks after he shot the boy. That interval raised the possibility that the patrolman had not found the items at the scene but had obtained them later, when he needed to justify the shooting. As a result of that information and the testimony of additional eye-witnesses, Assistant District Attorney Saul Price presented the case to the grand jury for a second time on June 10. After hearing from the new witnesses, and from Tartar about the absence of the allegedly stolen items from police records and the Police Property Department until April 8, the grand jury again dismissed the case without hearing testimony from McInerney.
The Police Department had committed to an internal hearing on the case before ADA Price had decided to resubmit it to the grand jury. The hearing took place on June 14; in attendance were James Tartar and E. Franklin Frazier, the Howard University sociologist who had recently started work leading the MCCH's investigation of Harlem. It was the first time that anyone outside the Police Department and the District Attorney's office heard Patrolman McInerney's testimony. While Tartar and Frazier were unpersuaded, senior police officers found the shooting of Lloyd Hobbs was justified, reprimanding the patrolman only for his delay in handing in the items he claimed to have found at the scene.
While two grand juries and a Police Department hearing exonerated McInerney, the MCCH and the Black press did not share that view. Arthur Garfield Hays and OScar Villard gave a central place to McInerney killing Hobbs in the Report of the Subcommittee submitted to Mayor La Guardia on June 11, 1935. The Report of the Subcommittee characterized the killing of Lloyd Hobbs as "inexcusable." E. Franklin Frazier included that material in the Final Report of the MCCH, framed in even harsher terms: the killing of the boy was "a brutal act on the part of the police." Police Commissioner Valentine was unmoved by that censure. He responded to both reports by asserting that Lloyd Hobbs had been looting the store and that two grand juries had exonerated McInerney.
Lawyer Hobbs' income allowed the family to settle in a fourth-floor apartment at 321 St. Nicholas Avenue in 1932, having moved twice in the preceding year, as many in Harlem did during the Depression. A lodger helped pay the rent in 1935. James Tartar, the MCCH investigator, described the residence as "a comfortable apartment, clean, nicely arranged, nicely furnished and well ventilated."
Throughout their time in the city, the Hobbs children attended school. By 1935 the eldest, twenty-year-old Cassie, was working, but her twin sisters Hazel and Zenobia remained students at the Textile High School, Lloyd was a student at Haaren High School and his younger brother Russell a student at Frederick Douglas Junior High School. Lloyd would have graduated in June, according to a story in the New York Amsterdam News.
After Lloyd's death, the family continued to live at 321 St Nicholas Avenue until at least 1950. All the family members resided there in 1940. Fifty-six-year-old Mary, who provided the information to the census enumerator, did not identify an occupation. Lawyer was working as a laborer in a sugar refinery, Cassie and Zenobia as seamstresses in a dress factory, Hazel in a lampshade factory, and Russell as a clerk in a food store. All but Zenobia were still living in the apartment in 1950, although as Cassie was recorded as divorced she had likely not resided there for all of the intervening ten years. Neither Lawyer nor Mary, who was listed as sixty-years-old, were working by that time. Hazel had joined Cassie working as a seamstress, while Russell now worked as a driver for a construction company.
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James Tartar's Investigation of the killing of Lloyd Hobbs
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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]." Carter assigned the investigation to James Tartar, one of the staff who had sought witnesses to the causes of the disorder the previous week. The thirty-year-old Black former shipping clerk was an investigator for the Department of Public Welfare who lived on the western boundary of Harlem, at 448 West 151st Street. Born in Tennessee, he had lived in North Carolina at the time of the 1920 census, moving later to Ohio, where he worked as a secretary and married in 1924. The family was living in New York City by 1926, and at 759 St Nicholas Avenue in 1930. As a Black Harlem resident, Tartar reinforced the Black presence on the MCCH and would have received a less hostile reception from residents than the white police detective investigating the shooting. At the same time, his occupation put him among the upper ranks of the Black population, different from most of the witnesses he interviewed.
The records of Tartar's investigation should have been in the files of the MCCH in the Records of Mayor La Guardia, but were retained by Arthur Garfield Hays, for whose subcommittee he investigated the shooting, and E. Franklin Frazier, who led the MCCH's research. Several reports by Tartar from his early investigations are filed in the Hays Papers. A narrative summary of his investigation and the case are in the Frazier Papers. Tartar also testified in the MCCH hearing on April 7 about his investigation up to that point. He mentioned details of the investigation in correspondence with Frazier after the MCCH investigation was completed.
In the week leading up to the MCCH hearing on April 7, Tartar interviewed the Hobbs family "as the first source." He recorded statements by Russell and his mother. Notes from undated conversations appear in another document, describing Lloyd's funeral, their belief that Lloyd would not have committed a burglary, and the information Lawyer Hobbs had received from Howard Mallloy and Arthur Moore about what they had witnessed. The funeral took place on April 2, those conversations took place after that date. Tartar was also assigned to do a "Social and Economical History of the Hobbs Family," submitting a page and a half summarizing the family's origins in Virginia and life in New York City.
Tartar contacted the two eye-witnesses identified to him by Lloyd's father, Howard Malloy and Arthur Moore. He met with the men at 213 West 128th Street, the apartment building in which they both lived, and recorded "their story." That document is dated April 5, but Tartar's signature is dated April 4. Both dates provided sufficient time for the MCCH staff to organize the men's presence at the hearing on April 7.
A second strand of the investigation included Tartar gathering information from a variety of law enforcement sources. His records include notes on a series of interviews conducted on April 2. He 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. Sometime during the week he also visited the 28th Precinct, and recorded the contents of the police blotter, where officers recorded a summary of an arrest. Lieutenant Greenberg read him that material as at that time there was no definite understanding between the Commission and the Police Department with regards to taking transcripts of confidential police records, he later informed Frazier. That information appears in the records in the Hays Papers; however, there was no record of the interview with Inspector Di Martini that he mentioned in his testimony to the MCCH hearing on April 7. At that time he made a copy of a report by the commander of the 28th Precinct, Captain George Mulholland, "The shooting of prisoner by Patrolman," submitted to Commissioner Valentine on March 30, immediately after the death of Lloyd Hobbs. Tartar's notes did mention the report as being incorporated in his records but it was not in the files in the Hays Papers (a transcription appeared in the transcript of the MCCH hearing on April 20). Tartar was among those who testified at the MCCH's April 6 public hearing, recounting his interview with ADA Price and introducing a copy of the report from the 28th Precinct to Commissioner Valentine so Hays could have details in it contradicted by Russell Hobbs and the three eye-witnesses, Malloy, Moore and Samuel Pitts.
Hays announced plans to continue hearing evidence about the killing of Lloyd Hobbs at his subcommittee's next public hearing, in two weeks. However, those plans were overtaken by grand jury hearing on April 10, which led Hays to focus on having witnesses who appeared before the grand jury testify in a public hearing. The only further investigation Tartar did before the April 20 hearing was to interview the owners of the businesses on the same block as the automobile supply store, and draw a sketch of the storefronts on the block, to obtain information on when their windows were broken and what losses they suffered. Both those documents are dated April 20, the day of the MCCH hearing. The information they contained provided some support for testimony that the automobile supply store's windows were broken before Hobbs arrived, by Malloy and Moore on April 20 (and by another eye-witness, Marshall Pfifer, on May 18).
After the hearing on April 20, Tartar made further attempts to identify eye-witnesses and "to get information concerning the whereabouts of the stolen items." An interview with ADA Price confirmed that McInerney brought the horn and socket set to the DA's office on April 1st, while a visit to the Property Clerk's office at Police headquarters revealed that those items were not delivered there until April 8, 1935. That meant that the patrolman had those items in his possession for nineteen days after the shooting. There are no records of those investigations in Hays' files; Tartar mentioned them in his narrative summary. Hays relied on Tartar's investigation when he questioned Detective O'Brien about where the horn and socket set had been when the officer produced them at the MCCH public hearing on May 18.
Three additional eye-witnesses also testified in the MCCH hearing on May 18. Tartar reported that they had been found as a result of a survey of the neighborhood, implying that he had found them. However, at the hearing, Clarence Wilson testified that he had obtained the addresses of two witnesses from Lawyer Hobbs at the request of a member of the MCCH. One did not respond when called on, but Wilson encountered another man who was an eye-witness, Marshall Pfifer, when looking for John Bennett, the second witness. Bennett was too sick to attend the hearing, so Wilson recounted what he had seen. Warren Wright, the third man, provided no details of how he had been found.
The evidence heard at the May 18 hearing was presented to the grand jury on June 10. Tartar claimed a prominent role in ADA Saul Price's decision to re-examine the case in the narrative of his investigation. After being notified by inspector Di Martini that he was resubmitting the case to the District Attorney, Tartar attended the conference in the District Attorney's office about the case and and by his own account, "after much argument," "convinced the District Attorney that the new witnesses would testify to new facts and that they should be heard." Tartar also accompanied Detective O'Brien to serve subpoenas on the four witnesses whose testimony was heard on May 18, an arrangement set up by Hays. After hearing from Bennett, Hughes, Pfifer and Wright, Price agreed to take the case to the grand jury again. Tartar himself also testified in the grand jury hearing. He told the grand jury that McInerney had not handed in the allegedly stolen items until April 8 and that police records indicated that "no loot had been found on the person of Lloyd Hobbs. Tartar clearly spoke to journalists from the New York Age and the Afro-American about his testimony, as it featured in the stories that those Black newspapers published about the grand jury decision.
Tartar recounted that he urged Inspector Di Martini to hold such an investigation after the grand jury decision. In fact, such a hearing had already been planned, in the aftermath of the decision of the first grand jury. Tartar, with E. Franklin Frazier, attended the hearing when it took place, on June 14. The account in his narrative summary was the only source of information on the hearing, which went unreported in the press.