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Morris Towbin's haberdashery store looted
Towbin initially reported losses of $5000, but, after taking an inventory, told the Probation Department officer that only $2000 of goods had been stolen. His insurance paid $1000 for the goods taken from inside the store; the policy did not cover the goods taken from the store window. Another insurance company replaced the smashed plate glass windows, at a cost of $226.89, but the damaged fixtures, Towbin estimated, would cost an additional $1000 to replace. That he was well-insured suggested that Towbin’s business was more established than many of those on Harlem’s avenues. It certainly occupied a prime location, next to an entrance to the 125th Street subway station, through which crowds entered and exited the neighborhood. Towbin’s leadership of the Harlem Merchants Association, an all-white organization established during the picketing of white business on West 125th Street in 1934, also suggests his standing in the white business community. It is not surprising, then, that he remained in business in the years immediately after the disorder.
At 1.00 AM Patrolman William Clements observed Edward Larry, a twenty-one-year-old Black laborer traveling in a taxi at West 123rd Street and 7th Avenue. He stopped the taxi, and found that Larry had a box containing eight shirts, with a value of $12. Not satisfied with Larry’s explanation that he had found the shirts on the street at West 129th Street and Lenox Avenue, Clements took him to the 28th Precinct for further questioning. He was one of nine men arrested away from the store they had allegedly looted, a group making up one third (9/27) of the arrests for which that information is known (27/60).
Towbin was at the police station, where he had gone to report the theft from his store once the group of men fled. It is not clear how he had spent the two and a half hours since the men entered his store; it would have taken some time for a group of men, even if joined by others, to remove $2000 of goods, so he may have been in the basement for much of that time, and given the growing scale of the disorder, he also may have had to wait some time at the 28th Precinct station to report the theft. Regardless, he saw Larry there, and identified him as one of the men who had threatened him, and the shirts in Larry's possession as from his store. That encounter is described only in the more detailed account included in the Probation Department investigation, not the Magistrates Court affidavit. Had Towbin only identified the property Larry would have been charged with burglary; the allegation of force changed the charge to robbery. That the the charge against Larry is recorded in the police blotter as burglary suggests that Towbin's identification came after Larry's initial booking, as police charged others arrested away from looted stores in possession of goods suspected of being stolen with burglary.
Arraigned in Harlem Magistrates Court on March 20 and held without bail, Larry was indicted for robbery by the grand jury. Rather than go to trial, he agreed to plead guilty to Attempted Grand Larceny in the second degree. The judge sentenced Larry to a term of between fifteen months and thirty months in the State Prison. That was the longest sentence given to anyone arrested in the disorder, a reflection of the charge, and of Larry’s criminal record, which included three convictions for pickpocketing in the three years before the disorder, and most significantly, a conviction for grand larceny in West Virginia in 1928 (which triggered New York's habitual offender statute and its requirement that any plea bargain be to a felony and the minimum sentences be based on the previous felony conviction).
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This page references:
- "Transcripts of Police Blotter - Precinct 28, March 19 & 20, 1935," Folder "MCCH - Juvenile Delinquency - 1935-36," Correspondence (Roll 13), Records of Mayor Fiorello H. La Guardia, 1934-1945.
- "Harlem Riot Damage is Figured at Half Million," Afro-American, March 30, 1935, 1, 2.
- "List of Dead And Injured In Riot In New York City," Norfolk Journal and Gazette, March 30, 1935, 18.
- "Says Economic Conditions in Harlem Are Bad," Atlanta World, March 27, 1935, 1, 2.
- Harlem Magistrates Court docket book
- "List of Those under Arrest in Harlem Riot and the Charges They Face," New York Evening Journal, March 20, 1935, 3.
- "Police Guard Against New Uprising as Mayor Acts to Probe Race Riot," Home News, March 21, 1935 [clipping]
- "Harlem's Merchants Appeal for Troops," New York Daily News, March 21, 1935, 3.
- District Attorneys Closed Case Files, 204005 (1935) (New York City Municipal Archives)
- Probation Department Case File, 26503 (1935) (New York City Municipal Archives)