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"Lino Rivera Put on Probation as Slug-Passer," New York Herald Tribune, March 28, 1935, 21.
1 2021-04-05T18:17:00+00:00 Anonymous 1 3 plain 2023-09-27T03:14:19+00:00 AnonymousThis page is referenced by:
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2020-10-01T00:07:06+00:00
Harry Gordon arrested
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2023-11-06T17:20:03+00:00
Around 6:30 PM, Patrolman Irwin Young arrested Harry Gordon, a twenty-year-old white student, on the north sidewalk of West 125th Street near 7th Avenue. Gordon had climbed a lamppost to speak to the crowd that police had pushed east, away from Kress’ store; Young pulled him down. The patrolman alleged that Gordon then grabbed his nightstick and hit him with it; Gordon denied doing anything. He told a public hearing of the MCCH that Young and other officers dragged him thirty feet to a police radio car and drove him to the police station on West 123rd Street. Louise Thompson had seen Gordon "get on the mailbox to speak and...dragged down by a policeman," after which "a cop kicked him, another knocked him over the head with his billy and another slapped him in the face and punched him in the ribs." Although Thompson was affiliated with the Communist Party and thus not an entirely objective witness, her account of the police violence was not disputed.
As soon as the radio car reached 7th Avenue, out of sight of the crowd on 125th Street, Gordon told the MCCH hearing that the police officer driving said “Go ahead and hit him" to the officer next to him, and both men “poked him in the ribs and kicked him.” When the car got to the station, Young pushed him up against the wall of the station and clubbed him in the stomach. Police officers continued to beat and kick Gordon when he was put in a cell, taken upstairs for questioning, and fingerprinted. As a result of these attacks, Gordon testified, “I had two black eyes. Had bumps on my head. My shins were bruised.” When he was bailed and released forty-eight hours after being arrested, his lawyer described Gordon’s face as “entirely discolored,” so much so that he took Gordon to his home so his mother would not see his injuries, he told the public hearing. The man identified as Gordon has no visible injuries in photographs taken a few seconds apart published in the Daily News, New York American, and New York Evening Journal that purported to show him and the three other white men police arrested in front of Kress’ store on their way to the Harlem Magistrates Court. However, one of the men was only partly visible, behind the other three, and could be injured. The caption to the Daily News photo suggests otherwise, labeling all the men "unmarked by the race riots."
Gordon was among the group of around ninety-six of those arrested put in a line-up and questioned by detectives in front of reporters downtown at Police Headquarters on the morning of March 20, before being loaded into patrol wagons and taken back uptown to the Harlem and Washington Heights Magistrates Courts. Gordon was brought to the platform together with Daniel Miller and the three Young Liberators arrested at other times protesting in front of Kress' store, a New York Herald Tribune story noted, with police presenting the group as acting and arrested together. However, Gordon's actions overshadowed the larger group in stories about the line-up. While Gordon stood on the "klieg-lit platform," Captain Edward Dillon questioned him about his role in the disorder in an exchange reported in three newspapers. The briefest mention appeared in the Daily Mirror, which reported the details of the setting, but only that "under the grilling conducted by Acting Capt. Edward Dillon" Gordon declared "I am a student at City College of New York" and "refused to answer further questions." The reporter described Gordon's manner as "defiant." Other reporters conveyed a similar judgment in their portrayals of Gordon. The New York Herald Tribune described him as "a tall, lanky youth [who] thrust one hand in his pocket and struck an orator's attitude" during the questioning; the New York Sun described his pose as "Napoleonic." Neither of those stories mention Gordon identifying himself as a student; they instead quoted him as refusing to answer questions until he saw a lawyer. The Daily Mirror concluded that Gordon, in responding as he did, "had practically declared himself the inciter of the night's rioting" and the leader of the four other men arrested at the beginning of the disorder. Gordon himself, testifying at the MCCH hearing, set himself apart, as a passerby who had attempted to urge the crowd to go to the police for information. Inquiries by reporters from the New York Evening Journal found no evidence that Gordon was a City College Student, with the New York Herald Tribune reporting Dean Morton Gottschall did not find him in college records. The New York Evening Journal did confirm that he lived in the Bronx, at 699 Prospect Avenue.
Gordon did not appear in the MCCH transcription of the 28th Precinct blotter, nor did Miller and the two white Young Liberators arrested in front of Kress’ store. Margaret Mitchell, the Black woman arrested inside Kress' store before Miller's arrest and Claudio Viabolo, the Black Young Liberator arrested with two white companions soon after Miller, did appear in the transcription. That discrepancy suggests that the white men were omitted from the transcription, perhaps overlooked because they were somehow less readily identified as participants in the disorder among others arrested for unrelated activities at that time.
Gordon appeared in the Harlem Magistrates Court on March 20, shortly after Daniel Miller and the three Young Liberators with whom police had grouped him. The charge recorded in the Magistrates Court Docket book was assault, which was the charge reported by New York American, New York Evening Journal, New York Times, and New York Herald Tribune. A second list in the New York Evening Journal, a later story in the New York Herald Tribune, and the New York Amsterdam News, Daily Mirror, and New York Sun reported Gordon had been charged with both offenses. The Home News, New York Post, New York World-Telegram, New York Age, and the list published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, reported the charge against Gordon as inciting a riot.
The mistaken information about the charge could result from police continuing to group Gordon with the Miller and the three Young Liberators when he appeared in court. The New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used, in stories on the court appearances. However, while the Daily News, New York Herald Tribune, and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being arraigned separately from Miller and the other three men. That separation was likely because he was charged with assault, the other men with riot, and the officer listed as arresting Gordon was Patrolman Irwin Young not Patrolman Shannon, the arresting officer recorded in the Harlem Magistrates Court docket book for Miller and the three other men.
The Daily Mirror claimed Gordon was heard separately when he indicated that he would produce his own lawyers. While being held, Gordon testified, he had not been not allowed to contact a lawyer or his family and was not fed until he had been in custody for more than twenty-four hours and had been arraigned in the Magistrate's Court. In the courthouse on March 20, Gordon was able to make contact with an ILD lawyer, Isidore Englander. The attorney testified that while he was speaking with Frank Wells, who he had learned had been arrested, he saw Gordon, who he claimed not to know, and spoke with him after his arraignment. Gordon asked him to communicate with Edward Kuntz, another ILD lawyer, whose son Gordon testified was a friend. Kuntz would represent him in subsequent court appearances. After Gordon was taken away, Englander heard him scream, the result, Gordon claimed, of being beaten again by police officer. The attorney made no mention of the visible injuries on Gordon’s face that Gordon and Kuntz described in their testimony.
Magistrate Renaud remanded Gordon to reappear on the March 25, on a bond of $1,000; the magistrate also remanded the other four alleged Communists, but for them set the maximum bail of $2,500. Around forty-eight hours after Gordon’s arrest, at 1 AM, Kuntz told a public hearing that he secured bail for Gordon, who was released from prison.
Gordon returned to court on March 25, at the same time as Daniel Miller and the three Young Liberators, but there his treatment further diverged from them. While Renaud discharged the other four men as the grand jury had already sent them for trial in the Court of Special Sessions, in response to evidence presented by District Attorney Dodge as part of his investigation of the disorder, the magistrate again remanded Gordon, to appear on March 27, with the New York American and Home News reporting that police were planning to submit evidence to the grand jury seeking to have him indicted. (The only other newspaper to report this appearance was the New York World-Telegram.) That effort was unsuccessful. When Gordon appeared again in the Magistrates Court, the ADA reduced the charge against him from felony assault to misdemeanor assault; in the Harlem Magistrates Court docket book a clerk struck out Fel[ony] Ass[ault] and wrote "Red[uced] to Simple Assault misd[emeanor]." Kuntz claimed credit for the reduced charge when he questioned Gordon about this legal proceeding in a public hearing of the MCCH. While Gordon testified that the ADA had said he was doing Gordon a “favor” by withdrawing the assault charges, Kuntz drew out that his cross examination of Patrolman Young established that the officer did not go to a doctor or a hospital, so did not suffer injuries justifying a felony charge, or even simple assault. He also testified that a new charge of unlawful assembly, the misdemeanor form of riot, had been made against him at that hearing, information not mentioned in any other sources. Magistrate Renaud transferred Gordon to the Court of Special Sessions for trial on the reduced charge, a decision reported only in the New York Amsterdam News, New York Times, and New York Herald Tribune.
For some reason, the trial did not take place for almost eight months. Sometime in early November the judges convicted Gordon and sentenced him on November 15. Arthur Garfield Hays, who had chaired the MCCH hearing at which Gordon testified, wrote to the Chief Judge of the Court of Special Sessions on November 13 after hearing of the conviction, the only evidence of that outcome. Expressing surprise about the conviction, Hays urged that Gordon be given a suspended sentence as he was "certainly not a criminal and was exercising what he deemed to be his right of free speech." Judge William Walling responded, telling Hays that he "did not have all the facts." As far as the judge was concerned, "There was not the slightest doubt but that Gordon assaulted the officer who was in uniform. Thereafter, of course, the officer hit back and subdued Gordon." That assessment made it unlikely Walling and his colleagues would have imposed the suspended sentence Hays favored. However, what sentence they imposed on Gordon is unknown. -
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2020-02-24T22:38:05+00:00
Two men speak to a crowd & Patrolman Irwin Young assaulted
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2023-11-22T19:27:44+00:00
Harry Gordon, a twenty-year-old white man in his senior year at City College, was walking along West 125th Street between 7th and 8th Avenues about 6:00 PM, he told a public hearing of the MCCH, when he noticed groups of “excited” people “milling around the street.” While Gordon claimed to have been simply passing by, it seems likely he was one of the Communist Party members who came to Kress’ store in response to rumors a boy had been attacked. He did identify himself at the hearing as a member of the New York Students League, a Communist-led organization. Gordon gave his address as 699 Prospect Avenue in the Bronx.
Gordon testified that he asked several people on the street what was happening, but he “couldn’t get anything at all from them.” He then saw a Black man, James Parton, set up a ladder in front of Kress' store and briefly speak to the crowd before Daniel Miller stepped up to speak. A window then smashed and police officers immediately seized Miller. Other officers chased Gordon and other people who had been listening to Miller across West 125th Street to the opposite sidewalk and then pushed them away from the store, east toward 7th Avenue. About 300 feet from Kress’ store, Gordon estimated, Parton climbed a lamppost and again spoke to those on the street, saying “that a boy had been killed and that a crowd should gather in protest,” according to Gordon’s testimony. Then he climbed the lamppost, intending, he told a public hearing, “to get a committee from the crowd” “to go to the police to find out if a child was killed.” He was only able to say “Friends” before Patrolman Irwin Young pulled him down from the lamppost. Gordon’s alleged assault on Young came when he “grabbed Patrolman Irwin Young’s nightstick and used it to hit the officer,” according to a story in the New York Times. That story was the only source that mentioned the nature of the assault in reporting Gordon’s second appearance in the Magistrates Court. After arresting Gordon, Young and other officers dragged him to a police radio car and drove him to the police station on West 123rd Street.
Lists of the injured variously described the injuries Young suffered as “cuts on hands,” in the Daily News and New York Evening Journal, “lacerations of right hand” in the New York Herald Tribune, and "bruised on the hand" in the New York American. No version represented a sufficient injury to constitute a felony assault, which was the charge police initially made against Gordon. The New York Herald Tribune reported Young received medical treatment at the scene, but when Gordon’s lawyer cross-examined him in the Harlem Magistrates Court, Young testified that he did not go to a doctor or the hospital, Gordon told the public hearing. Young did not appear in the hospital records, as the other police officers injured around this time did, confirmation of those statements. Moreover, Young was back on the streets by 10:10 PM, when he arrested Leroy Gillard at 200 West 128th Street, allegedly for looting. He was the first police officer allegedly assaulted in the disorder; five others would be assaulted around 125th Street before 10:30 PM, after which time the crowds had moved to other parts of the neighborhood.
Gordon denied he assaulted Young. He was grabbed from behind, he testified in a public hearing of the MCCH, and then “a rain of blows descended on me such that I have never experienced before" against which he could do nothing. Louise Thompson, part of the crowd on 125th Street, offered a more detailed account, although as a member of the Communist Party, she was not an entirely disinterested observer. She described to a public hearing of the MCCH how “a cop kicked him, another knocked him over the head with his billy and another slapped him in the face and punched him in the ribs.” Thompson more clearly stated that Gordon did not assault Young when interviewed earlier by a reporter for the Daily Worker for a story published on the same day she testified in the public hearing: "I was standing a few feet from Harry Gordon when he was arrested. He did not strike any policeman. He did nothing.” In the same story in the Daily Worker, Gordon denied committing assault, implying that Young made the charge to justify his violence: “I did not strike any policeman. He struck me over the head with his club before I even saw him. He said, 'So you'll hit a cop, will you?' as he struck me.”
As was the case with events inside Kress’ store, testimony in the public hearings of the MCCH provided the most detailed evidence of the events outside the store in the early evening of March 19. Louise Thompson testified on March 30 and Harry Gordon on May 4. (Thompson only mentioned the first speaker, Miller, in her article in New Masses.) The MCCH subcommittee report and final report both describe a second person trying to speak in front of Kress who was arrested, without naming that person, but make no mention of his alleged assault on a police officer. More striking, Inspector Di Martini’s report names Gordon without mentioning an alleged assault on one of his officers. That report has no reference to Daniel Miller, presenting Gordon as the only person to speak in front of the store: “At about 7PM, one Harry Gordon, #699 Prospect Avenue arrived in front of Kress’ Store with a number of others carrying placards and made a speech to a group which was attracted and incited a number of colored persons to break windows of the store. He was immediately arrested by Ptl. Young #3203, 32nd Precinct.”
No newspaper stories explicitly reported the narrative in the MCCH hearings and reports, as they truncated events outside the store and presented Gordon, Daniel Miller, and the three Young Liberators who picketed the store as a single group arriving and acting together. Only some described Gordon as speaking, and only three of the initial stories about the disorder describe him as assaulting Young, in different circumstances that were both unlike what was described in the MCCH public hearings. Even later stories about Gordon’s first appearance in the Harlem Magistrates Court do not all mention the assault charge, and several describe him as picketing Kress’ store, not trying to speak to the crowd. When Gordon testified in a public hearing of the MCCH, newspaper stories described him speaking, and being arrested by Young, but omitted the context he provided for those events as coming after Miller had tried to speak and been arrested.
Only some newspapers described Gordon as speaking in front of the store. The New York Age accurately captured the event, if not its context: “Harry Gordon, white Communist, was arrested when Patrolman Young of the 123rd Street police station found him addressing a group. He was taken to the station house charged with inciting a riot.” The New York Post more briefly described Gordon, Miller, and the two other white men as having been arrested for “haranguing crowds, urging them to fight.” The Daily Mirror identified Gordon as a speaker, describing him as “a 'Red' orator,” but with no details of circumstances of his speaking or arrest. The New York World-Telegram included Gordon in a group obliquely described as being arrested for being “Communist agitators.”
Only three of the initial stories about the disorder described Gordon assaulting Young, in different circumstances that were unlike what was described in the MCCH public hearings. Gordon came to Miller’s aid when he was arrested, joined by the three Young Liberators, and battled Patrolman Shannon and two other officers before also being arrested, according to the New York American and New York Evening Journal. That story also mistakenly had Gordon picketing the store. The New York Times relocated the encounter between Gordon and Young to the rear of Kress’ store on West 124th Street. In the struggle between police and a crowd that took place there, the story reported, Young “was cut on the right hand by a rock” thrown by Gordon. That clash occurred around thirty minutes after Gordon was arrested, and involved officers other than Young being injured.
Later stories about Gordon’s first appearance in the Harlem Magistrates Court did not all mention the assault charge, and several described him as picketing Kress’ store, not trying to speak to the crowd. Gordon was described as charged with assault in the New York Sun, in a story about a line-up of those arrested, and in the New York American and New York Amsterdam News, which had him picketing the store. Four other papers did not mention the assault charge: the Daily Mirror described Gordon and the others grouped with him as “curb-stone orators who had deliberately incited the 125th St. mobs;” in the Home News, the charge was inciting a riot, for “making a speech in front of Kress’ store;” in the Daily News it was an unspecified “separate charge” from that made against the other men, which was inciting riot; and in the New York Evening Journal Gordon and three others were charged with “circulating false placards to the effect that a Negro boy had been beaten to death.” Gordon’s subsequent appearances in the Harlem Magistrates courts were generally not reported. Only the New York World-Telegram, Home News, and New York American mentioned his appearance on March 25, with no details of his alleged offense. The New York Times story of Gordon’s appearance on May 27 provided the only details of the assault, that he “grabbed Patrolman Irwin Young’s nightstick and used it to hit the officer.” The New York Herald Tribune story on the same hearing not only made no mention of those details, but omitted the assault entirely and instead made Gordon only indirectly responsible for Young’s injuries: his speech telling the crowd “that a Negro boy had been killed in the store… so excited the neighborhood that Patrolman Irving Young, of the West 123d Street station, and several others were hurt in the ensuing riot.”
Stories about Gordon’s testimony in the MCCH public hearing on May 4 published in the New York Times, New York Age, and Associated Negro Press described him speaking, and being arrested by Young, but omitted the context he provided for those events as coming after Miller had tried to speak and been arrested. The New York American and Afro-American had an even narrower focus, mentioning only that Gordon alleged he had been beaten by police, with no description of the circumstances of his arrest. The only story about Gordon’s allegation published before the hearing was in the Daily Worker on March 30, reflecting his association with the Communist Party. Reporters for the New York Evening Journal had been unable to locate him. When the Daily Worker’s journalist spoke to Gordon, “his left eye [was] still black from the police beating more than a week ago.” However, in a Daily News photograph published on March 20 captioned as showing Gordon and the other men grouped with him by police, none of the men have visible injuries. As there are only three men, the image may be of the Miller and the Young Liberators without Gordon, perhaps around the time he was arraigned separately.
Harry Gordon did not appear in the MCCH's transcription of the 28th Precinct police blotter; Claudio Viabolo, the Black Young Liberator, is the only one of the five speakers and picketers in that record. Gordon appeared in the Harlem Magistrates Court on March 20, shortly after the other white men arrested at the start of the disorder. Magistrate Renaud remanded him to reappear on March 25, and then again on March 27. While Miller and the three Young Liberators that police grouped with Gordon as the instigators of the riot were sent by the grand jury to the Court of Special Sessions, the ADA reduced the charge against Gordon to misdemeanor assault in the Magistrates Court, with his ILD lawyers claiming credit in the public hearing of the MCCH, as they had elicited testimony from Young that he had not needed medical treatment for his injury. Magistrate Renaud then transferred Gordon to the Court of Special Sessions. For some reason, the trial did not take place until November, when the judges convicted him.
In the narratives of historians Mark Naison, Cheryl Greenberg, Marilynn Johnson, Lorrin Thomas, and Nicole Watson, Gordon and Miller are grouped together as “speakers” pulled down by police. Historian Thomas Kessner named Miller in his narrative as the only speaker in front of the store. None of those historians mention Gordon's alleged assault of Young. They all follow the narrative provided by police that presents the speakers as part of a single group protesting in front of Kress’ store, stepping up to speak to the crowd after picketing of the store had begun. That framing implicitly introduces the idea that the disorder was orchestrated by those men, while offering no details of how the crowds of women and men around them acted to weigh against that evidence. Weight is added to that implication by the failure to fully identify the men involved in the protests. While Greenberg and Thomas do not identify the men, Naison, Kessner, Johnson, and Watson describe them as members of the Young Liberators. None of those historians mention that four of the five, and both the speakers arrested, were white men. Naison did describe the Young Liberators as an interracial group; so too did Watson, however she did not identify the men in front of the store as members of the Young Liberators. Neglecting their race makes those men appear more representative of the crowd than they were, particularly in Greenberg and Watson’s narratives, which do not identify them as Young Liberators. Naison, Kessner, Greenberg, Thomas, Johnson, and Watson all follow the chronology that has the picketing begin before the speakers were arrested. Grouping the men places an organized Communist protest at the center of the outbreak of disorder, and makes the window being broken and the men’s arrest a response to the feeling they built in the crowd. Recognizing that the protests occurred in a less coordinated way highlights that police responded immediately to any sign of protest, not just to a window being broken. They may also have acted so quickly because they recognized the men as Communists; the men’s language and appeals would have given them away. Communist protest in Harlem, and across the city, drew violent responses from police in the months prior to the disorder. Recognition of the fragmented nature of the protests and the identity of those involved directs attention away from those events to the crowds of Black men and women around them. Crowd members gathered in groups, talked amongst themselves, sought answers from police about what had happened to the boy, and responded to police efforts to clear the street. Rather than organized or orchestrated by the Young Liberators, those behaviors appear more spontaneous, in line with the interpretation offered in the MCCH’s final report. -
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2020-10-22T01:27:23+00:00
Thomas Jackson arrested
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2023-11-08T02:27:13+00:00
Around 1:45 AM, Patrolmen Kalsky and Holland of the 28th Precinct saw a group of people around Jack Garmise's cigar store at 1916 7th Avenue, and then a milk can thrown through the plate glass windows. In the Magistrate Court affidavit, Kalsky alleged that he saw Thomas Jackson, a thirty-four-year-old Black man, throw the milk can. Jackson denied throwing anything at the store, or being part of an attack on it, when questioned by a probation officer. Instead, he claimed he was drunk and had been walking along West 116th Street on his way to visit a prizefighter named Leo Williams to collect money he was owed when he had become caught in a crowd moving toward the store. Someone in the crowd then pushed him through the smashed window. Throwing such a large object would have been more difficult for Jackson than most in the crowd; after an accident in 1930, his left arm had been amputated above the elbow. Kalsky claimed Jackson was sober. He also alleged he saw him reach his hand through the smashed window and take merchandise from the display. He later told a probation officer that as he approached, Jackson threw “some of the merchandise” back in the window. That phrasing suggests Jackson may not have had any merchandise on him when Kalsky arrested him, as does the district attorney's decision to offer to let him plead guilty to unlawful entry, rather than petit larceny, as others arrested for looting who made plea bargains did. The other officer, Holland, arrested Raymond Easley, a twenty-one-year-old Black man. He allegedly took cigars from the store window, according to a report in the Home News, wording that suggests the officers reported seeing him reaching into the window and found cigars in his possession. Holland also found a razor in Easley's possession. (Easley is not mentioned in the affidavit in the district attorney’s case file in which he and Jackson are co-defendants, nor does the file include an examination of him. The only document in the case file referring to Easley is a criminal record; he had no previous prosecutions.) Two arrests at the same incident of alleged looting was unusual during the disorder, suggesting that the officers were closer to the store than in other instances, perhaps only having to cross West 116th Street rather than 7th Avenue.
In addition to legal records, Jackson appeared in newspaper reports of different stages of the legal process, few of which offered any details. His name was listed among those arrested in the Atlanta World, Afro-American, and Norfolk Journal and Guide and in the New York Evening Journal. Only the Home News reported his arraignment in the Magistrates Court, where the magistrate sent him to the grand jury. Indicted on March 22, his appearance in the Court of General Sessions to have his bail continued four days later was reported in only the New York Sun. Jackson's reappearance a few days later to plead guilty attracted more coverage, in the Daily News, New York Herald Tribune, New York Post, New York Times, and New York Amsterdam News. The New York Times, New York Evening Journal, Daily News, and Times Union reported his sentencing to six months in the Workhouse two weeks later, information also published in the New York Amsterdam News, New York Age, and Afro-American, and recorded in the 28th Precinct police blotter.
The Probation Department investigation conducted prior to Jackson's sentencing offers information on his life before his arrest. Born in Manhasset, Long Island, Thomas Dean was five years old when his mother left his father to live with Jonah Jackson. When they married, Thomas took Jackson as his last name. At age ten, Jackson's truancy resulted in his committal to a juvenile asylum in Chauncy for two years. After his release, he returned to live with his mother and finish his schooling in Corona. Soon after leaving school at age sixteen, around 1917, Jackson moved to Manhattan. He found work first for a moving company, and then as a driver for a bottle company on West 35th Street for eight years, before switching to driving a taxi. He told a probation officer he was twice fined for speeding in 1923, and in 1928 served two days in prison for another traffic offense, offenses that did not appear in his criminal record and did not prevent his ongoing employment. During this time, from around 1920 until 1932, Jackson lived with Rose Repologo, an Italian woman, who the probation officer claimed was "an unwed mother who had been a former inmate of St Barnabas House," and who Jackson's sister described as "too good" for him. The couple lived downtown, at 414 West 36th Street, likely when Jackson worked nearby, information only in a second Probation Department investigation in 1940. He also reported being stabbed with a butcher's knife in a fight on West 36th Street in 1924, a detail in the probation officer's preliminary investigation not included in the report.
In 1930, Jackson was injured in a street car accident that required the amputation of his left arm below the elbow. Unable to find a job after the injury, Jackson, Repologo, and her son were briefly on relief in 1932, by then living at 247 West 115th Street, until the New York Railway paid him $7,800 in compensation for his injury. Sometime soon after, Repologo left Jackson. His sister told a probation officer that after receiving the compensation, Jackson "completely ignored" his family and "mistreated" Repologo, as a result of which Repologo left him for another man. The Home Relief Bureau reported Jackson told them that he had deposited $2,500 in a bank account in the name of Rose Jackson, and that she had taken the money and disappeared. Early in 1933, Jackson invested $1,200 in opening Tom's Confectionary Store in the basement of 270 West 115th Street, down the block from his residence. Setting up a small business was a strategy followed by many other residents of Black neighborhoods in the 1930s when faced with unemployment. Jackson also joined many other small business owners in taking the opportunity to participate in Harlem's largest business, numbers gambling. In August 1933, he was convicted for collecting bets on numbers, the result he told a probation officer in 1940 of having been found in his store with fourteen slips in his possession, sufficient only to result in a fine of $50. By the end of 1933, Jackson's business had failed. A probation officer reported the cause as Jackson's "neglect," recording in the preliminary investigation that Jackson claimed his "employees robbed him." The preliminary investigation also notes that the balance of Jackson's compensation payment had been spent on merchandise for the store. Jackson also said "he 'clowned' his way through life and spent most of his money having a 'big time'" in poolrooms, according to the Probation Department Investigation Report.
Soon after being forced to sell his store, Jackson moved in with his half-sister Beatrice Cooper and her family, and applied for Home Relief as part of that household. In 1934 the family lived in a series of apartments on West 118th Street, West 121st Street, and finally outside Harlem on West 99th Street. At the beginning of March 1935, Beatrice's husband John obtained a Work Relief job, and according to the Home Relief Bureau, refused to support Jackson. Jackson and his sister did not get on; a probation officer reported that he said that she was "too strict," while she described him as having "treated them with scorn." Relocating back to Harlem, Jackson moved into a furnished room in an apartment at 217 West 121st Street, and then, a day before the disorder, relocated to another at 253 West 121st Street. Unusually for the men arrested for involvement in the disorder, the report from the Psychiatric Clinic offered no explanation for Jackson's participation. Dr. Sylvan Keiser described him as a "talkative, cheerful pleasant type of person" "of Average Intelligence."
Information survives on Jackson's life in the five years after his release from the Workhouse in 1935 as a result of a subsequent conviction in 1940, which led to him again being investigated by the Probation Department, and that report being added to the file created in 1935. A few days after his release from the Workhouse, in October 1935, Jackson was assigned work as a laborer by the Works Progress Administration. That job lasted almost three years, during which time Jackson lived in a furnished room in 154 West 121st Street and then in a rooming house at 2053 7th Avenue. He had little contact with his family; his sister told a probation officer that "he has always desired to live alone without restriction." Around 1937 Jackson contracted syphilis, he claimed from a prostitute. In August 1938 Jackson lost his WPA position, according to the Probation Department report, after he returned drunk having left the project without permission and swore at his supervisors and coworkers. A few weeks later, Jackson was arrested for slashing the tire of a taxi, and sentenced to a month in the Workhouse. A year later he was back in Workhouse, for ninety days, after pleading guilty to perjury and election fraud after being paid to fill in false affidavits related to a primary election. Following his release he worked briefly as an office cleaner and later as a watchman, while receiving relief payments, except for a period when an agent discontinued payments because Jackson supplied false information about his residence. He had left the rooming house for a furnished room in 135 West 119th Street. In October 1940, Jackson was charged with rape. He and two other men allegedly abducted a twenty-nine-year-old Black woman from a bar at West 119th Street and 8th Avenue and took her to his room at 152 West 119th Street, where they assaulted and robbed her. Jackson pled guilty to third degree assault. Examined again in the Psychiatric Clinic, this time Dr. John Cassity found Jackson still an "adjusted personality," although "on a low cultural level in recent months," but also "quite an aggressive individual [who] reacts with violence upon provocation." Judge Jacob Gould Schurman sentenced Jackson to the penitentiary. He had been released by April 1943, when he registered for the draft, and was living with his sister Dorothy at 37 West 99th Street. -
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2020-10-21T01:41:36+00:00
Hezekiah Wright arrested
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2023-11-07T03:25:29+00:00
Around 12:30 AM, Acting Captain Conrad Rothengast of the 6th Detective Division arrested Hezekiah Wright, a thirty-six-year-old Black janitor in front of a delicatessen at 2067 7th Avenue. Rothengast claimed that shots being fired on 7th Avenue near 123rd Street drew his attention to a group of men standing in front of the delicatessen at 2067 7th Avenue, owned by Sarah Refkin and managed by Nathan Pavlowitz, according to a Probation Department investigation report. As he approached the group, he allegedly saw Wright kick and smash the store's plate glass window, reach in and take four lamps and two jars of food. Wright then saw him coming towards him, dropped those items and held his hands above his head. The detective somehow interpreted that stance as indicating that Wright was about to attack him, so struck him with his baton before arresting him.
Wright denied any involvement in the looting of the store when interviewed by a probation officer. Instead he said he was returning to his home at 155 West 123rd Street, around the corner from the delicatessen, having gone out to buy cigarettes, when he saw the crowd in front of the store. Those men ran when they saw Rothengast approaching; Wright said he stayed where he was as he was not involved in attacking the store. Others arrested in the disorder similarly claimed to have been out on errands and mistaken for participants in acts of violence. In Wright's case, it was not unusual to be on the streets late at night. He told the probation officer that he occasionally went on walks in the late evening, as the long hours of his job kept him occupied until then. The probation officer reported nothing that indicated he would have chosen to participate in looting, characterizing him instead as "a quiet, inoffensive type of individual." Dr. Walter Bromberg used a similar phrase in the report of his examination of Wright in the Court's Psychiatric Clinic, describing him as "a quiet, cooperative individual," who showed "no evidence of any emotional upset" or "of any aggressive, antisocial personality characteristics." The probation officer did report that Wright's "moral standards are lax," apparently because his "greatest outlet [was] playing the policy numbers in the hope he will 'become lucky' and 'hit the numbers.'" That very widespread activity in Harlem reflected the limited economic opportunities available to the neighborhood's residents at least as much as their morality. Missing from the Probation Department investigation report is the explanation that the probation officer wrote at the end of the Preliminary Investigation: that Wright was "A victim of mob hysteria who [?] advantages during a tense situation to enrich himself at others expense and by a criminal act." Other psychiatrists had invoked the influence of the mob in reporting their examinations of men arrested in the disorder, and it may be that this probation officer had been anticipating that it would also appear in Wright's report. When it did not, he may have chosen to omit his comment.
The Magistrate Court affidavit included few of those details. In that account, Rothengast simply saw Wright kick in the window and take a quantity of groceries. A Home News report of Wright's arraignment in that court put the value of the goods he allegedly stole at $100. The Probation Department investigation report specified that the items Rothegast alleged Wright tried to steal had a combined value of $11.10, the lamps 90 cents each and the jars of food $3.75 each. Stories in the New York Age and New York Times reporting later stages of his prosecution included the details that he had allegedly stolen "four lamps and a quantity of food," with the latter story misstating the value of those items as "about $8 in all." As Pavlowitz, the store manager, told a probation officer, others had taken the other missing merchandise, which he valued at between $50 and $75, rather than $100.
The lists of those arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and in the New York Evening Journal included Wright among those charged with burglary. He appeared in the Harlem Magistrate's Court on March 20, with the docket book and the Home News recording that Magistrate Renaud held him for the grand jury on $1,000 bail. The grand jury indicted Wright on March 22, according to his district attorney's case file; three days later, Judge Morris Koenig of the Court of General Sessions continued his bail, a step in the legal process documented only by the New York Sun. It took only two more days for Wright to agree to a plea bargain offered by a district attorney; his appearance in court to plead guilty to unlawful entry was reported in the New York Post on March 27, and New York Herald Tribune, New York Daily News and New York Times on March 28, and the New York Amsterdam News on March 30. Wright told a probation officer he pled guilty on the advice of his lawyer, denying he attacked the store. His sentencing on April 8 was recorded in 28th Precinct police blotter and again widely reported, in the Times Union on April 8, in the New York Evening News, New York Times and Daily News on April 9, and in the New York Amsterdam News, New York Age and Afro-American on April 13. Judge Donnellan sent Wright to the Workhouse for three months.
Wright told a probation officer he had been in New York City for eight years. Born in Kingston, North Carolina, his family moved at some point to Suffolk, Virginia, and from there to Boston in 1906. Around 1909, his mother became ill with tuberculosis and sought treatment at the Rutland Sanitarium. When she was released after two years, Wright and his five younger siblings returned with her to Suffolk, where her sister helped Wright look after the younger children. His father rejoined the family a year later, Wright worked with him making baskets. When Wright was fourteen years old, his mother died. The probation investigation included no information about Wright's subsequent life in Virginia other than his statement that he had spent thirty days in jail in 1917 after a fight with a railway detective when a circus arrived in town, and his marriage to Odel Burns in 1923. His World War One Draft registration lists his employment in 1918 as a soda foundation clerk in the Colored YMCA in Hopewell, Virginia.
Around 1927, Wright moved to New York City, likely with his family, as his father and three of his surviving siblings lived in Harlem in 1935, and the other sibling nearby in Newark, New Jersey. His father, Charles, who in 1935 lived with his second wife and one of his daughters at 510 Manhattan Avenue, was a Baptist minister at Jerusalem Church. Wright worked for his first five years in the city as a chauffeur for Dr. Bernard Zaglin. That work was "irregular," which might explain why the Preliminary Investigation in Wright's Probation Department file also records him working in Haverstraw, sixty miles north of the city on the Hudson River, as a driver hauling bricks for the Excelsior Brick Company in the busy season, the summer of 1931, and sometime prior to that as a painter and in a poolroom, and as a laborer in nearby Iona Island. The Probation Department Investigation Report presents all Wright's work in Haverstraw as prior to his employment by Zaglin even thought the Preliminary Investigation records the length of his work hauling bricks as May-October 1931. It may be that he lived and worked in Haverstraw prior to moving to Harlem, and returned there periodically.
It was to Haverstraw that his wife Odel went when she left him in 1932, with a man named Charlie Phillips, information in the Preliminary Investigation that the probation officer omitted from the Investigation Report. Instead, the report explained the couple's "separation" as a result of Wright's "infidelity with Marion Harris," with whom he was living at the time of his arrest. As was the case with others whose relationships followed the more fluid marriage patterns of working-class communities, the Probation Department Investigation Report described the twenty-two-year-old Harris as Wright's "mistress," ignoring the information in the Preliminary Investigation that they had married in April 1933, again in Haverstraw. At that time they were living with one of Wright's cousins at 860 Hunts Point Avenue in the Bronx, rent free as Wright was unemployed after Zaglin decided in October 1932 that he no longer needed a chauffeur.
Wright remained unemployed until July 1933, when he and Harris were employed as janitors at 155 West 123rd Street, a job that came with an apartment in the basement. They still held that position at the time of his arrest, and his employer told a probation officer he would reemploy Wright when he was released. However, if that happened, Wright did not live in the building. A census enumerator found him at 143 West 113th Street in 1940, where he told her he had been in 1935 (a question in that census), and was employed as the superintendent of an apartment building. He also told the enumerator he was married, but Harris is not recorded in the census schedule. Two years later, when Wright registered for the draft, he was living and working in another building, at 216 West 114th Street. He left blank the line for "Name and Address of Person Who Will Always Know Your address," where men typically included their wife or a parent. His home address is struck out and updated several months later to 143 West 113th Street, his home in 1940. -
1
2020-10-22T01:35:16+00:00
Raymond Easley arrested
35
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2023-12-08T02:32:41+00:00
Around 1:45 AM, Patrolmen Kalsky and Holland of the 28th Precinct allegedly saw a group of people around the cigar store at 1916 7th Avenue, and then a milk can thrown through the plate glass windows. The officers got to the store in time for Kalsky to arrest Thomas Jackson, a thirty-four-year-old Black driver who he charged had thrown the milk can, and Holland to arrest Raymond Easley, a twenty-one-year-old Black man, he charged had taken cigars from the store window, according to a story in the Home News. Holland also found that Easley was carrying a razor. Two arrests at the same incident of alleged looting was unusual during the disorder, suggesting that the officers were closer to the store than in other instances, perhaps only having to cross West 116th Street rather than 7th Avenue. Easley lived to the south of the store, on West 113th Street, an area with a mix of Black, Puerto Rican, and white residents.
Easley was not mentioned in the affidavit in the District Attorney’s case file in which he and Jackson are co-defendants, nor does the file contain an examination of him. The only document in the case file referring to Easley was a criminal record; he had no previous prosecutions. Other than the story about his arraignment in the Magistrates Court in the Home News, Easley only appeared in the list of those arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and the list published in the New York Evening Journal, and a report on his return to the Magistrates Court in the New York Herald Tribune.
Easley and Jackson (whose real name was Thomas Dean) both appeared in the Harlem Magistrate's Court on March 20, but took different paths through the legal system. Magistrate Renaud held Jackson for the grand jury on charges of burglary; he remanded Easley on the same charge and on the charge of carrying a dangerous weapon, a misdemeanor offense, for having the razor in his possession. Both appeared in court again on March 27, but while Jackson, indicted on March 22, pled guilty to unlawful entry in the Court of General Sessions, Easley was back in the Magistrate's Court, having the burglary charges against him dismissed as he had already been indicted by the grand jury as a result of evidence presented in District Attorney Dodge's investigation. The New York Herald Tribune, the only newspaper to report on those proceedings, noted that Easley was rearrested. The 28th Precinct police blotter and the district attorney’s case file were the only sources that recorded that the indictment was dismissed on April 12.
A day earlier Easley had returned to the Harlem court to face the weapons possession charge having previously had the investigation continued on April 3 and April 9. On April 11 the magistrate sent him to the Court of Special Sessions. There was no record of the outcome of that trial and no newspaper reports of those appearances. -
1
2021-05-24T00:20:09+00:00
Joseph Wade arrested
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2023-11-08T03:57:42+00:00
At about 2:45 AM, Officer William Leahy of the 28th Precinct allegedly saw Joseph Wade, a twenty-four-year-old Black "candy boy" coming out of Frank DeThomas' candy store at 101 West 127th Street. Leahy noted that store's windows were broken, but not that he had seen Wade break them. When Leahy arrested Wade, he found several toy pistols worth sixty cents in Wade's possession, according to the Magistrate's Court affidavit, or $70 of goods, according to later reports of Wade's sentencing in the New York Age and New York Times. For the last month, Wade had lived at 148 West 127th Street near the other end of the block of West 127th Street on which the store was located.
Wade was clearly not the only person to have looted the store, as DeThomas claimed $745.25 in losses. He was among the twenty white store-owners to bring the first suits against the city for failing to protect their businesses identified in the New York Sun.
Wade appeared in the Harlem Magistrates Court on March 20, when Magistrate Renaud ordered him held for the grand jury without bail. While few of those charged after the disorder were denied bail, Wade's criminal record featured three convictions since 1926, including one for unlawful entry resulting from a charge of burglary. That conviction in December 1926 was followed by a second arrest for burglary in April 1931 for which Wade was discharged. Two months later he was convicted of gun possession. Finally, in October 1933, Wade pled guilty to attempted second degree assault, having been charged with rape. As a result, he spent around two years in prison in the nine years before the disorder: two indeterminate terms for the first two convictions, and a year in Sing Sing Prison for the final conviction. The New York Age reported Wade had been paroled in December 1934, only three months before the disorder (a detail not mentioned by any other newspaper).
The grand jury indicted Wade for burglary on March 22, and five days later he appeared in the Court of General Sessions having agreed to plead guilty to the lesser offense of petit larceny. The Probation Department would have conducted an investigation before Wade's sentencing, but as he had been convicted previously in the Court of General Sessions, he had likely had been investigated previously and that report would have been put in the file created then. On April 8, Judge Donnellan sentenced him to six months in the workhouse, a decision reported in the press as well as recorded in the 28th Precinct police blotter.
There are more reports of the progress of Wade’s prosecution than most looting cases. He appears not only in the lists of those arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, but also in the New York Evening Journal and the Home News story on proceedings in the Harlem Magistrates Court. The New York Sun also reported his return to the Magistrates Court on March 25 to have his bail decision continued. At least five papers — New York Amsterdam News, New York Herald Tribune, New York Daily News, New York Post, and the New York Times — reported Wade’s appearance in the Court of General Sessions to plead guilty. The New York Times, New York Evening News, Daily News, and Times Union, and three Black newspapers, the Afro-American, New York Amsterdam News, and New York Age, also reported his sentencing eleven days later.
Wade had lived in New York City since at least 1920, when he and his mother Marie appear in the federal census, living with his father's brother at 262 West 124th Street. According to the census, he was born in New York City, but the Sing Sing Prison Inmate Admission Register recorded Charleston, South Carolina as his birthplace, and that of both his parents. Exactly when the family moved to New York City is uncertain; the register entry recorded Wade as having lived there for eleven years, so since around 1922, but the census indicates he had been in the city at least two years earlier. The Admission Register contains other fragmentary details of Wade’s life before the disorder. His father apparently died around 1923, when Wade was thirteen years old. He remained in school until he was sixteen years old; his first arrest and conviction must have occurred around the time he left school. He was born in according to the register, and he gave his age as twenty-four years in the Magistrate’s Court, but the census schedule records his age as ten years in 1920, putting his birthday in 1910. He must have given that earlier date when arrested in 1926, as he was not prosecuted in the juvenile court as he would have been if under sixteen years of age. As a youthful first offender, he was sent to the New York City Reformatory in January 1927. Released later that year, he began working as a porter at the Alhambra Theater. It appears that Wade’s arrest and conviction for gun possession in June 1931 cost him that job. Now aged around twenty-one, he was sentenced to another indeterminate sentence, this time in the penitentiary.
Wade served no more than eighteen months, as he started work as a porter for Sam Rosen of 216 West 125th Street around January 1933, according to the Sing Sing Prison Inmate Admission Register. By October, 1933, he lived at 109 West 129th Street; his mother Marie lived at 226 West 124th Street. That month Wade was charged with rape. The Admissions Register includes a section to record “Criminal Acts attributed to"; Wade’s entry is “Lived with girl,” suggesting that the charge may have been statutory rape, for sexual acts with a girl under eighteen years of age, the age of consent in New York in 1933. (Both the plea bargain and the sentence are in line with how courts handled such cases.) Although sentenced to a minimum term of fifteen months, the Admissions Register recorded that he was eligible for parole after one year, on December 28, 1934. The report of his sentencing in the New York Age indicated he was released at the time. -
1
2021-08-12T23:53:03+00:00
James Pringle arrested
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2023-11-07T16:06:20+00:00
Around 11:15 PM, Detective Peter Naton of the 28th Precinct was watching a crowd of twenty-five to thirty people at West 123rd Street and 7th Avenue when that he allegedly heard James Pringle, a twenty-eight-year-old Black laborer, shout to the group, “Let's go cross the way and scale rocks at the cops, they are coming down our side of the street.” Naton's affidavit in the Harlem Magistrates Court then records that the detective arrested Pringle, a twenty-eight-year-old Black laborer, and found a rock in his right hip pocket. His statement held Pringle responsible for what the other members of the crowd did after his arrest, "acts of force and violence committed to several persons and the property of others, in said vicinity." A handwritten note below the typewritten charge presents a different narrative, in which "Deft led others who smashed windows." The windows of the grocery store on the northwest corner of West 123rd Street and 7th Avenue were broken sometime during the disorder. A patrolman from the 28th Precinct arrested David Bragg for breaking that window; he may have been part of the crowd on the corner around 11:15 PM. The shoe repair store directly across 7th Avenue from the grocery store was also looted sometime during the disorder. But that looting likely came an hour or more after Naton arrested Pringle, the time when two other looted stores near the intersection were looted, Sarah Refkin's delicatessen at 2067 7th Avenue at 12:30 AM, and then Nicholas Peet's tailors store at 2063 7th Avenue at 1:30 AM. (Naton made two other arrests around this time, of John Vivien fifteen minutes earlier, and John King, forty-five minutes earlier, at 10:30 PM, both at the intersection of 7th Avenue and West 125th Street.) Pringle's address was recorded in his examination in the Harlem Magistrates Court as 101 West 115th Street, southeast of where Naton arrested him, in an area with a mix of Hispanic and Black residents.
The 28th Precinct Police blotter recorded the charge against Pringle as burglary, with the note "Burglarized store during riot." He appeared only in the list of those arrested published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, among those charged with riot. That was the charge recorded in the Harlem Magistrates Court docket book when Pringle appeared in court on March 20. Magistrate Renaud held him until March 27. When he returned to court, Magistrate Ford sent Pringle to the grand jury. His court appearance was mentioned in stories in the New York Times and New York Herald Tribune, with the later newspaper reporting the charge against Pringle as malicious mischief. Although not recorded in the docket book, the handwritten note on the affidavit listed that charge, as well as riot. Almost two weeks later, on April 8, Pringle appeared before the grand jury, which transferred his case to the Court of Special Sessions, reducing the charges against him from felonies to misdemeanors. A week later the judges in that court convicted Pringle and suspended his sentence, according to the 28th Precinct police blotter. -
1
2021-12-09T01:50:22+00:00
Claude Jones arrested
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2023-10-31T16:39:14+00:00
At about 10:30 PM, Patrolman Walter MacKenzie told the Harlem Magistrates Court, he saw Claude Jones, a twenty-four-year-old Black musician, throw a brick that broke a window in Blumstein's department store at 230 West 125th Street. Then Jones allegedly shouted "in a loud voice 'Kill the cops, the dirty mother-fucking sons of bitches,' causing a large crowd to gather." By that time the large crowds that had been focused on 125th Street had broken into smaller groups, many of which scattered north and south up the avenues, but some groups remained. Ten minutes after windows were broken in Blumstein's store, William Ford allegedly threw a rock that broke a window at Kress' store several buildings to to the west, and then called on the people on the street to attack police, drawing a large crowd. Around the same time, a white man named Thomas Wijstem was hit by a rock in front of the W. T. Grant store immediately east of Blumstein's store, allegedly while being attacked by a group of Black men. Police arrested one man, Douglas Cornelius.
Patrolman MacKenzie appeared in the Harlem Magistrates Court as the arresting officer of not just Jones but also the two other men arrested nearby around the same time, William Ford and Douglas Cornelius. It is not clear he actually made the arrests. In court MacKenzie stated that he had witnessed Ford and Jones breaking windows and inciting the crowd, but made no mention of arresting them (there are no details of the circumstances of the arrest of Cornelius). Police had established a headquarters in front of Kress' store, and officers from throughout the city had begun arriving there before 10:30 PM, so there were likely other officers in the area who could have made the arrests.
The address Jones gave when examined in the Harlem Magistrates Court, 170 West 121st Street, his home for only about two weeks, was four blocks south of Blumstein's store, at close enough to where the disorder began for him to have been among those drawn to 125th Street by the noise, crowds, or rumors. After reporting that police had identified Jones as "an ace trombonist in Fletcher Henderson's orchestra," the New York Amsterdam News published a story on April 6 in which the trombonist denied he was man arrested. The trombonist, now "connected with Cab Calloway's Band," had been out of the city on tour at the time of the disorder.
Jones appeared among those charged with inciting a riot in the list of those arrested during the disorder published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the list published in the New York Evening Journal. The same charge is recorded in the 28th Precinct Police blotter and the Harlem Magistrates Court docket book, a consistency unusual for the men reported as both breaking windows and inciting crowds. When Jones appeared in court on March 20, Magistrate Renaud remanded him in custody. He was one of only eighteen of those arrested in the disorder to have a lawyer representing him listed in the court docket book. Only the lawyer's first name and initial, James W., are legible, together with his address, 200 West 135th Street, an office building in the heart of Harlem that housed the offices of many Black lawyers (both the other men arrested at same time, William Ford and Douglas Cornelius, had prominent Black lawyers recorded as representing them).
Returned to court a week later, Jones was held for the grand jury on bail of $1000 by Magistrate Ford, an appearance reported in the New York Herald Tribune and New York Times. Jones was to have appeared before the grand jury on April 8, the same day as William Ford, but Patrolman MacKenzie was not present. It was not until April 12 that the grand jury heard the case against Jones, deciding then to transfer him to the Court of Special Sessions, likely to be tried for the offenses written in a note on the Magistrates Court affidavit, both the misdemeanor forms of inciting a riot, and malicious mischief, an offense involving damage to property used in the prosecution of those who allegedly broke windows during the disorder (as the malicious mischief charge was not recorded in the docket book Jones is not categorized as being charged with that offense). Convicted, Jones received a suspended sentence on April 16, according to the 28th Precinct Police blotter.
Three days after his release, on April 19, Jones obtained a license to marry twenty-one-year-old Erma (or Emma) Harris, a marriage reported in the New York Age on May 4, 1935. -
1
2022-12-09T03:14:31+00:00
In court on March 27
15
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2023-11-03T03:39:04+00:00
A week after the disorder, three men appeared in the Court of General Sessions to plead guilty, becoming the first of those arrested to be convicted in the city’s felony court. However, the outcome of those prosecutions did not establish the men as major figures in the disorder, distinct from those who had been convicted in the lower courts. While Joseph Wade, Thomas Jackson, and Hezekiah Wright had all been charged with burglary, they pled guilty to lesser offenses: Wright and Jackson to unlawful entry, which did not involve breaking into a store; Wade to petit larceny, which involved being in possession of stolen merchandise but not entry into a store. Notwithstanding those differences, both crimes were misdemeanors that carried the same sentence of up to a year rather than up to ten years for burglary. The men were not sentenced at this time, so the consequences of their plea bargains were not immediately apparent. That they had been convicted of “lesser offenses” was noted in the Daily News, New York Herald Tribune, and New York Times, but not in the New York Post and New York Amsterdam News. Plea bargaining was by far the most common outcome of felony prosecutions in this period, so that outcome may not have been perceived as entirely diminishing their actions. Nor did a plea necessarily indicate an admission of guilt. Wright would later assert his innocence, saying that he had pled guilty on the advice of his lawyer.
The grand jury added to the picture of the disorder as composed of minor actions by sending all four of the men whose cases were presented to it on this day to the Court of Special Sessions, charged with misdemeanors not felonies. All had faced charges of riot, Leon Mauraine, David Smith, and John Kennedy Jones also charged with malicious mischief for breaking windows, and John King with assault. Only the Hearst newspapers, the New York Evening Journal and New York American, and the New York Times, reported the hearings, but without names as the grand jury hearings were closed.
The four men who appeared in the Harlem court appeared to present a countervailing picture. Three were sent to the grand jury on riot charges. One, Raymond Easley, had already been indicted by the grand jury as a result of Dodge’s investigation. He was the last subject of that investigation to appear in court, although only one of the two newspapers that reported the hearing mentioned him. However, the outcomes of the three men's prosecutions would follow the same pattern as the hearings that occurred on same day: James Pringle and Claude Jones would be sent to the Court of Special Sessions, and Easley’s indictment would be dismissed. The magistrate continued the investigation of two other men, Leroy Brown and William Ford. Both would later be sent to the grand jury, and like the others, to the Court of Special Sessions. The magistrate sent the final man, Harry Gordon, directly to the Court of Special Sessions. Two days of additional police investigations had failed to produce enough evidence to send him to the grand jury. With Gordon’s ILD lawyer in attendance, the magistrate would have had little scope to overlook the deficiencies in the evidence. Gordon would not face trial for another seven months, the last of those arrested in the disorder to appear in court. In the interim, he would testify in a public hearing of the MCCH and describe being beaten both when he was arrested and while in custody. His testimony persuaded the chairman of those hearings, Arthur Garfield Hays, but not the judges in the Court of Special Sessions. They convicted him; the sentence they imposed is unknown. He was one of only two men known to have been convicted of an assault during the disorder — although there is no evidence that outcome was reported in the press.
Rather than building toward the prosecution of individuals who played major roles in the disorder, the legal response to the disorder saw serious charges become misdemeanors and frequently the even lesser offense of disorderly conduct. Those arrested by police proved not to be responsible for much of the violence and damage. Instead, they had been among the crowds drawn to the streets and into encounters with police. The extent of the violence of the disorder consequently was not brought into focus in the criminal courts. Only later, in the civil courts, would some of the scale of the damage, if not the violence and injuries, become part of the legal record.
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1
2023-04-06T16:15:10+00:00
In Harlem court on March 27 (6)
8
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2023-10-23T21:27:21+00:00
Only the New York Times and New York Herald Tribune reported these hearings. Neither mentioned the two men whose investigations the magistrate continued, Leroy Brown and William Ford. Both stories summarized proceedings related to the disorder in two other courts in addition to the Harlem Magistrates Court: Lino Rivera's appearance in the Adolescents Court in Brooklyn for fare-evading; and the three men pleading guilty in the Court of General Sessions. (The New York Times reported the grand jury informations voted on this date in a later story).
The stories gave the most attention to the appearance of Harry Gordon, reporting that the charge against him was reduced from felonious assault to misdemeanor assault, and the magistrate then transferred him to the Court of Special Sessions for trial. While the New York Times described Gordon as hitting a police officer over the head with his own baton when he tried to arrest him, the New York Herald Tribune published a less precise account in which Gordon's speech excited the crowd, with the result that the policeman was hurt.
The New York Times mentioned that the magistrate sent James Pringle and Claude Jones were to the grand jury on charges of riot; the story did not mention Raymond Easely. By contrast, the New York Herald Tribune mentioned Pringle and Jones, reporting the charge against Pringle as malicious mischief (likely a secondary charge, with riot) and no charge against Jones. That story also mentioned Easley, describing him as being discharged and rearrested as he had already been indicted. Several days earlier, when Dodge's announcements were widely reported, Easely's appearance would have drawn more attention.
All the additional information comes from legal records. -
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2023-04-04T15:37:27+00:00
In the Court of General Sessions on March 27 (3)
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2023-10-23T21:34:15+00:00
Five newspapers reported the three guilty pleas. The stories in the Daily News, New York Times, New York Herald Tribune, and the New York Amsterdam News all named the three men and gave their ages and addresses. The New York Post mentioned only that the men were "Three Negroes." The New York Amsterdam News omitted details of the charges and pleas; all the other publications noted that the men had been charged with burglary and pled to unlawful entry in the case of Jackson and Wright and petit larceny in the case of Wade.
Only the Daily News and New York Herald Tribune included details of what the men had done. The Daily News did so only for Jackson, who it reported "took $100 worth of pipes and jewelry." The New York Herald Tribune added that the merchandise came from a cigar store on 7th Avenue. It also reported that Wade had taken a toy pistol from a store on 127th Street. Neither story provided details of what Wright had done. That additional information somewhat countered how pleading to a lesser charge diminished the seriousness of what Jackson had done, while having the opposite result in Wade's case, leaving the New York Herald Tribune's readers with a somewhat confused picture of whether these convictions involved men who played a major role in the disorder.