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Leroy Gillard arrested
Sankin's store was set back from 7th Avenue in a single story structure located between the rear of the five-story building on the corner of West 128th Street and 7th Avenue and the first of a block of eight three-story brownstone apartment buildings that stretched for roughly a quarter of the block. Gillard may not have come to the store from 7th Avenue as he lived at 208 West 128th Street, just four buildings west of the store. Officer Young was likely on the corner of 7th Avenue and West 128th Street, as police tended to take up positions at intersections. Young had been one of the officers in front of Kress' store four hours earlier, during which time he was allegedly assaulted by Harry Gordon as he arrested him for trying to speak to the crowd.
Leroy Gillard appeared in the Harlem Magistrate's Court on March 20, immediately before Jean Jacquelin, a twenty-eight-year-old white chauffeur arrested near the end of the disorder, at 5.40 AM, allegedly in possession of two ladies coats, values at $20 each, and two pairs of trousers, valued at $5 each, identified by Morris Sankin as also coming from his store. As Sankin had not returned to his store until 8.00 AM that morning, its contents would have been accessible through the broken window throughout the disorder. Jacquelin had been arrested away from the store, at the 8th Avenue end of West 128th Street, and like Gillard, lived on the same block as the store. A story in the Home News reported that the two men stole all $800 of clothing taken from Sankin's store rather than the items worth $100 allegedly found on them.
Gillard appeared in more newspapers than most of those arrested for looting. That is likely because police arrested him early in the disorder, so would have been able to provide his name to reporters for several hours. The New York Herald Tribune singled out Gillard as "the first arrest for alleged looting" during the disorder and described the arrest as taking place inside the store (and misspelled his last name as Gilliard as all the newspapers but the Home News did). As well as appearing in the Home News story, the list of those arrested and charged with burglary published by the Atlanta World, Afro-American and Norfolk Journal and Guide and the list published by the New York Evening Journal, he was included in a list in an earlier edition of the New York Evening Journal (which mistakenly listed the charge against him as disorderly conduct), a list in the New York American, and a list in the Daily News (which mistakenly identified him as a white man in one edition).
The Magistrate sent both Gillard and Jacquelin to the grand jury. On April 5, the grand jury determined that Gillard should only be charged with a misdemeanor not felony burglary and sent him to the Court of Special Sessions. The grand jury disposed of Jacquelin's case in the same way. Those decisions indicated a lack of evidence that the men had broken into the store, a requirement for a charge of burglary. The charge voted by the grand jury was therefore likely larceny for taking the clothing; as those items were valued at less than $100, the men could only be charged with petit larceny. According to the 28th Precinct Police Blotter, on April 11 the judges dismissed the charges against Jacquelin. It took almost two more weeks before Gillard was tried, on April 23. The judges then convicted him and sentenced him to the workhouse for three months.
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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.
- New York Penal Law, § 404, 407: Burglary in third degree.
- "1 Dead, 7 shot, 100 Hurt as Harlem Crowds Riot over Boy, 16, and Hearse," New York Herald Tribune, March 20, 1935, 1.
- “List of Victims," New York Evening Journal, March 20, 1935, 1, 3.
- New York Penal Law, § 1298-1299: Petit Larceny
- Harlem Magistrates Court docket book
- "Harlem Riot Prisoners and Charges," New York American, March 20, 1935, 4.
- District Attorney's Closed Case Files, 204000 (1935) (New York City Municipal Archives)
- "Jailed for Rioting," Daily News, March 20, 1935, 4.