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

New York Penal Law, § 405: Unlawfully entering building

Consolidated Laws of the State of New York, 1909, ch. 88

"§ 405: Unlawfully entering building. A person who, under circumstances or in a manner not amounting to committing a burglary, enters a building, or any part thereof, with intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor."

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Looting in the courts (50) Police arrested sixty individuals for looting, but only fifty appeared in legal records or newspaper stories about legal proceedings. The other ten appeared only in lists of those arrested for burglary published in newspapers; no sources were found that mentioned what happened to those people in the legal system. There are also an additional twenty individuals for whom no details of their alleged offense survive, some of whom may have been involved in looting as they were charged with disorderly conduct, a charge made against six of those police arrested for looting.

The initial charge made in the Magistrates Court against those arrested for looting was typically burglary (38 of 50 cases). A charge of burglary required breaking into a store, entering it, and taking merchandise - all the elements that made up looting. If police did not have evidence of all three elements, the charge had to be to another offense that carried lesser penalties. Seven of those arrested for looting were charged with petit larceny instead of burglary. In those cases police likely had evidence an individual had taken merchandise but not that they had broken into and entered a store to take those goods. What form of larceny that evidence supported depended upon the value of the goods allegedly stolen. Petit larceny indicated that in all seven cases the goods were worth less than $100. Another three of those arrested for looting were charged with disorderly conduct instead of burglary. That charge could indicate that police had evidence an individual broke windows but not that they took merchandise, or that they had part of a crowd near looting. Police charged the remaining two men with robbery.

After the initial arraignment, prosecutors in the Magistrates Court later changed a charge of burglary to a lesser offense in eight cases: unlawful entry for Elva Jacobs; petit larceny for Henry Goodwin; and disorderly conduct for Joseph Payne, Raymond Taylor, Preston White, Elizabeth Tai, Arthur Davis and Herbert Hunter (that change is not recorded in the docket book for Davis and Hunter, but the Magistrate convicted them, which he could only do if they were charged with disorderly conduct). The charge of unlawful entry against Jacob suggests that police presented evidence that she had entered a store or put but no that she had taken merchandise.

Magistrates sent just over half (28 of 50) of those arraigned for looting to the grand jury.
Charles Saunders arrested Around 2 AM, as Detective Jeremiah Duross of the 6th Division drove a police car on 7th Avenue, the sound of breaking glass drew his attention to a group of people in front of Ralph Sirico's shoe repair store at 1985 7th Avenue, according to a Probation Department investigation report. The store windows had been damaged earlier, between 11.30 PM and midnight, the superintendent of the apartments above 1985 7th Avenue, Mr C. T. Berkeley, reported. As the detective pulled his car up next to the store, the crowd in front of it scattered. He leapt out of the car and claimed he saw Charles Saunders, a twenty-four-year-old Black unemployed elevator operator jump out of the store window and run down the street. Duross gave chase and arrested Saunders, who he claimed had been drinking and had a fresh cut on his hand, which he implied had resulted from breaking glass in the window.

Saunders offered a different account than Duross, according to the Probation Department investigation report. He lived nearby, in a furnished room at 1967 7th Avenue a block south of the store, with his wife Anna Gregory. Around midnight, Saunders left home to buy cigarettes. Walking toward a crowd in front of Sirico's store, he saw shoes and hats being thrown through the broken window on to the street, where people in the crowd were picking them up. Saunders claimed he followed the lead of those around him, and picked up a pair of shoes, cutting his hand on glass on the street in the process, and headed home. At that point Duross arrested him. Saunders denied having been drinking; the detective said Saunders did not have a pair of shoes in his hands when arrested.

In fact, it seems that Duross did not find anything from the store in Saunders' possession, as none of stolen goods were recovered, according to the Probation Department investigation report. Nonetheless, Saunders appears to have been charged with taking all the goods that the report recorded Sirico said had been stolen: "18 or 20 hats which had been cleaned and blocked by him; about 25 pair of shoes which he had repaired; 5 or 6 pairs of unfinished shoes; one dozen leather soles; two and a half dozen rubber heels and a quantity of polish and shoe laces," with a total value he estimated as $66.75. While the District Attorney's case file is missing, the Probation Department investigation report summarizes the indictment against Saunders as accusing him of taking merchandise worth $66.95. The two newspaper reports of the case are less specific, with both the Home News and Daily Worker reporting the charge as stealing "several pairs of shoes."

Saunders is included in the lists of those charged with burglary published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. He appeared in the Harlem Magistrate's Court on March 20, at which time Magistrate Renaud held him on $1000 bail to reappear, an outcome recorded in the docket book and reported only in the Home News. When Saunders was brought back to the court on March 22, detectives presented bench warrants indicating that the District Attorney had already filed an indictment against him. Magistrate Renaud consequently dismissed the charges against Saunders so the detectives could rearrest him, as happened with two other men, James Hughes and Isaac Daniels, an appearance reported in the Home News and New York Post. With the District Attorney's file missing, the date the grand jury indicted Saunders is unknown; it would have been several days prior to April 1, when Saunders appeared in the Court of General Sessions to plead guilty to petit larceny. That plea bargain is at odds with the statement in the report that none of the stolen property had been recovered. A district attorney generally offered it to those indicted for burglary after the disorder found with stolen goods in their possession; those found with nothing in their possession, as the Probation Department investigation report implied Saunders was, generally pled guilty to unlawful entry.

Immediately prior to Saunders appearing for sentencing in the Court of General Sessions on April 12, the Probation Department notified the judge of a letter from the Savannah Juvenile Court stating that Saunders' older sister Vable Greatt had offered to provide a home for him in Savannah, Georgia, and the Juvenile Court Probation Department would assist in his supervision, should the judge place him on probation. After a delay, presumably to confirm those arrangements, Judge Nott gave Saunders a suspended sentence and placed him on "indefinite" probation on the condition he go to Savannah (the 28th Precinct Police Blotter recorded only the suspended sentence, not the probation). Of the nine other men sentenced in the Court of General Sessions, only Arnold Ford was also placed on probation. Both men remained under supervision for the maximum period of three years, until 1938.

Saunders told a Probation officer that he had been born in Dublin, Georgia, the youngest of six children. His mother died when he was five years of age, and around that time he and his family moved to Savannah. After leaving school at age thirteen, Saunders did odd jobs and worked with his father, a carpenter. In 1929, his father remarried, and Saunders decided to go to New York City, where his brother Albert and sister Lola lived. After eighteen months living with Albert at 215 Edgecombe Avenue and working as a porter in a barber's shop at West 135th Street and 7th Avenue, ill-health forced him to return to live with his sister in Savannah for six months. Returning to New York City in 1931, Saunders lived with an aunt at 162 West 143rd Street until May 1933, when he met and then moved in with Anna Gregory. The Probation Department investigation report described her as "separated from her husband"; a letter in the file from the Brooklyn Association for Improving the Condition of the Poor, to who the Family Court had referred Gregory in 1922, said her husband had abandoned her, leaving the state with funds provided by his mother. Saunders and Gregory were "known as man and wife," the Probation officer reported. In the fluid marriage patterns still practiced in working-class communities such informal relationships were not uncommon but the Probation Department did not recognize them, instead describing Gregory as Saunders' "mistress" and "sweetheart." Dr Charles Thompson of the Court's Psychiatric Clinic also saw a problem in Gregory being ten years older that Saunders, labeling him as immature for looking to her "for direction." In response to questions by a Probation officer, Gregory described Saunders as a good provider and their life as "harmonious."

Gregory worked as a laundress, Saunders in a barber's shop at 142nd Street and 7th Avenue, then part-time for a moving company based at 143rd Street and 7th Avenue, and beginning in September 1934 as an elevator operator at 385 Edgecombe Ave. After living for two years at 268 West 146th Street, the couple moved to 1967 7th Avenue in December 1934. Two months later Saunders lost his job after a dispute with the new building superintendent; the management company fired the superintendent soon after, and told a Probation officer that they saw him not Saunders as at fault. That fitted with the opinions of Saunders' employers and co-workers, which the Probation officer summarized as considering him honest, industrious and dependable; he and Gregory were similarly "well regarded" by their neighbors. The Probation Department investigation report followed Dr Thompson's examination report in attributing his alleged looting to "mob spirit." Thompson explained that concept as being "in company with several others under the influence of prejudice and aggressiveness," in the case of events in Harlem against "a background of racial antagonism, occasioned largely by the present lack of employment." Saunders' sister Vable Greatt explained his alleged looting, according to a letter from the Savannah Juvenile Court, as probably a result of him becoming "pretty well discouraged in his search for work," a "spiritual condition [that] caused him to fall to the temptation to steal."

While a good reputation and steady employment would have helped make Saunders a candidate for probation, Judge Nott's decision appears to have been largely a response to an offer from his sister and Savannah Juvenile Court Probation Department to supervise him. His sister Vable followed through on that offer, sending funds for Saunders' railway fare to Savannah; the Juvenile Court Probation Department did not do their part. Saunders' Probation officer's letters to his Georgia colleagues went unanswered for six months. During this time his only news of Saunders were reports he mailed weekly, using a form and stamps sent to him by the department. Soon after Saunders arrived in Savannah his sister became very sick, causing him to move in with his brother. In perfunctory answers to the questions on the form, he reported being unemployed, and involved in no education or social activities other than attending weekly services at a Protestant church.

As an alternative to the Juvenile Court, the Probation Department secured the help of the Savannah Family Welfare Society. Their worker's investigation in February 1936 solicited a very different picture of Saunders' life in Savannah from his sister and sister-in-law than he provided in his reports. Both complained he "never stayed home at night," was "drunk most of the time" and had become "lazy and shiftless," not willing to "keep a job when given one." The caseworker did not interview Saunders himself. The Probation Department responded by writing directly to Saunders, warning that his behavior was in violation of the terms of his probation, and the judge could take "disciplinary action" against him unless he improved his conduct and made "diligent efforts to obtain employment." They also requested the Savannah Family Welfare Society let Saunders report to them in person. In August 1936, Mrs Mamie Belcher, a caseworker, began countersigning Saunders' reports. The Society reported "no further complaints" about his behavior, which the Probation Department took to unambiguously mean Saunders had changed his behavior. In June 1936, Saunders relocated to live again with his sister Vable. It took six more months before he found work, at a box manufacturing company. Nothing else changed in his answers on the report form until after a lapse in reporting in May 1937, when he wrote that he had moved to live with his sister Lois, who had returned from New York City. Only in Saunders' Discharge from Probation did the Probation officer mention that this change in circumstances came after his sister Vable was killed in a car accident. By the end of 1937 Saunders had moved back in with his brother and begun working irregularly as a stevedore.

Throughout his time in Savannah Saunders appears to have remained in contact with Anna Gregory. She came to the Probation Department at the end of 1935 concerned that he had been warned that his sentence could be reviewed if he failed to report regularly and seeking to have him return to the city. When Gregory applied for Home Relief, she described Saunders as her husband, prompting the Emergency Relief Bureau to contact the Probation Department in May 1937, who in turn sought information from Saunders about whether the couple had formally married. In the Discharge from Probation, the Probation officer described Saunders as "discontented as he missed New York, and Mrs Gregory, his mistress," information apparently passed on by the Savannah Welfare Society. Their caseworker also reported in January 1938 that Saunders' sister Lois "was anxious to have Charles return with her to New York." The Probation Department wrote to the Society, to Saunders and to his brother immediately before the end of his probation in April 1938 urging that "his best interests will be served" by remaining in Savannah. They also asked Saunders to advise the department of his plans. He did not reply. There is no evidence of what Saunders chose to do.
Ralph Sirico's shoe repair shop looted Around 2 AM, as Detective Jeremiah Duross of the 6th Division drove a police car on 7th Avenue, the sound of breaking glass drew his attention to a group of people in front of Ralph Sirico's shoe repair store 1985 7th Avenue. As the detective pulled his car up next to the store, the crowd in front of it scattered. He leapt out of the car and claimed he saw Charles Saunders, a twenty-four-year-old Black unemployed elevator operator jump out of the store window and run down the street. Duross gave chase and arrested Saunders, who he alleged had been drinking and had a fresh cut on his hand, which he implied had resulted from breaking glass in the window. Although there are few incidents of disorder reported on 7th Avenue around the time of Saunders' arrest, a crowd had looted Jack Garmise's cigar store four blocks to the south only a few minutes earlier, at an intersection where police were stationed. Two hours earlier, between 11.30 PM and midnight, the superintendent of the apartments above Sirico's store reported two men smashed the shoe repair shop window. Around that time, there were several reported incidents the length of 7th Avenue below 125th Street, including an assault, attacks on passing cars and looting. It is likely that the presence of the building superintendent prevented the store from being looted at that time.

Saunders offered a different account than Duross, according to the Probation Department investigation report. He lived nearby, in a furnished room at 1967 7th Avenue a block south of the store, with Anna Gregory. Around midnight, Saunders left home to buy cigarettes. Walking toward a crowd in front of Sirico's store, he saw shoes and hats being thrown through the broken window on to the street, where people in the crowd were picking them up. While there are few accounts of goods being thrown into the street, there are descriptions of merchandise spread over sidewalks and streets, suggesting that some of those who attacked goods destroyed or distributed goods in this manner, rather than taking them themselves. Saunders claimed he followed the lead of those around him, and picked up a pair of shoes, cutting his hand on glass on the street in the process, and headed home. At that point Duross arrested him. Saunders denied having been drinking; the detective said Saunders did not have a pair of shoes in his hands when arrested.

In fact, it seems that Duross did not find anything from the store in Saunders' possession, as none of stolen goods were recovered, according to the Probation Department investigation report. Nonetheless, Saunders appears to have been charged with taking all the goods that the report recorded Sirico said had been stolen: "18 or 20 hats which had been cleaned and blocked by him; about 25 pair of shoes which he had repaired; 5 or 6 pairs of unfinished shoes; one dozen leather soles; two and a half dozen rubber heels and a quantity of polish and shoe laces," with a total value he estimated as $66.75. While the District Attorney's case file is missing, the Probation Department investigation report summarizes the indictment against Saunders as accusing him of taking merchandise worth $66.75. The two newspaper reports of the case are less specific, with both the Home News and Daily Worker reporting the charge as stealing "several pairs of shoes."

Saunders is included in the lists of those charged with burglary published in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and in the New York Evening Journal. The Harlem Magistrate's Court docket book records his arraignment on March 20, at which time Magistrate Renaud held him on $1000 bail to reappear. When Saunders was brought back to the court on March 22, detectives presented bench warrants indicating that the District Attorney had already filed an indictment against him. Magistrate Renaud consequently dismissed the charges against Saunders so the detectives could rearrest him, an outcome only reported in the New York Post (the District Attorney's file is missing). On April 1, Saunders appeared in the Court of General Sessions to plead guilty to petit larceny. In other cases after the disorder in which defendants did not have goods in their possession when arrested a district attorney generally offered a plea bargain for a different charge, unlawful entry. He appeared for sentencing in the Court of General Sessions on April 12, and then again on April 30, when Judge Nott gave him a suspended sentence and placed him on "indefinite" probation on the condition he go to Savannah to live with his sister (the 28th Precinct Police Blotter recorded only the suspended sentence, not the probation). Saunders spent the maximum period of three years under supervision.

Sirico had insurance that paid the cost of replacing his store windows. The business was included in the MCCH Business survey in the second half of 1935, and Sirico was still operating the store when he registered for the draft in April 1942, giving his first name as Raffaele. He had arrived in New York City in 1919. Sirico appears likely to have been in business in Harlem by the time of the 1930 census, when the census enumerator recorded that he worked in a shop. At that time he lived at 293 East 155th Street in the Bronx, with his wife and four children aged between eight years and fifteen months.
Elva Jacobs arrested Sometime in the disorder, Officer L. W. Adamie of the 46th Precinct arrested Elva Jacobs, an eighteen-year-old Black woman, and charged her with burglary for allegedly having "broken a store window at 1 W. 137th St. and taken groceries," according to a story in the Home News. At a subsequent court appearance the prosecutor reduced the charge against Jacobs to unlawful entry, an offense used when there was not evidence that she had taken any merchandise. However, that charge did suggest that Jacobs had done more than break a window, as the charge in that circumstance would likely have been disorderly conduct. Most likely, Adamie had allegedly seen or found her in the grocery store. Like almost all of those arrested for looting on the eastern boundary of Harlem north of 130th Street, Jacobs lived relatively near the store. Her home was at 56 West 142nd Street, between 5th Avenue and Lenox Avenues, five blocks north of the store, which was just off 5th Avenue.

The only information on the circumstances of the arrest was the statement in the Home News, reporting Jacobs' arraignment in the Washington Heights Magistrates Court on March 20. It is possible that Adamie arrested a second person for looting the store, and that Jacobs had been part of a larger group. He was recorded in the docket book as the officer who arrested Courtney March, a thirty-nine-year-old Black man who appeared in court immediately after Jacobs, facing the same charge of burglary. Like her, he lived north of the store, but further away, at 263 West 152nd Street, Based on other cases recorded in the docket book that indicated that Marsh was also arrested for looting the grocery store, but he was not mentioned in the Home News story on the arraignments in the court, nor did he appear in the list of those arrested in the disorder published in the Atlanta World, Afro-American and Norfolk Journal and Guide in which Jacobs appeared (neither of them are in the list published in the New York Evening Journal). Given that absence, and without a complainant recorded in the docket book to confirm a link between the two, Marsh was not included among those arrested during the disorder.

Magistrate Ford remanded Jacobs in custody. When she returned to court the next day, the docket book records that Ford set her bail at $1500. Two days later, on March 23, Jacobs was back in court. This was likely when the charge against her was reduced from burglary to unlawful entry; in the docket book the original charge is crossed out and "Red. to unl. entry" written in its place, in a different handwriting than the original charge. The same handwriting records that on this date Ford sent her to the Court of Special Sessions, which adjudicated misdemeanors such as unlawful entry, reducing her bail to $50. It took a month before Jacobs was tried in the that court. On May 3, the Magistrates convicted here, suspended her sentence and put Jacobs on probation, an outcome found only in the 32nd Precinct records. (The prosecution of Marsh followed the same process until March 23, when Magistrate Ford discharged him rather than sending him for trial as he did Jacobs).
Amie Taylor arrested Officer Harmon of the 18th Division arrested Amie Taylor, a twenty-one-year-old Black butcher, near Mario Pravia's candy store at 1953 7th Avenue around 11.30 PM. Harmon and at least one other police officer, Detective Harry Wolf of the 28th Precinct, reported seeing Taylor throw a stone at the store window and take merchandise from the window display. Wolf appears as a witness on the Magistrates Court affidavit and an arresting officer with Harmon on Taylor's criminal record. Taylor was also not alone; "about 5 others" threw stones at the store and took merchandise at the same time, while Pravia and his wife watched from inside, but police managed to arrest only Taylor. Harmon allegedly found eighteen packets of chewing gum, valued at three cents each, in his possession. The Home News reported that a total of $200 of merchandise was taken from the store.

The New York Evening Journal identified a different officer as making the arrest, Deputy Chief Inspector John Ryan, in a vignette within the paper’s narrative of the disorder:
Deputy Chief Inspector John Ryan, in charge of all Manhattan detectives, figured in another incident in which police were forced to draw their revolvers, although no shot was fired. While speeding to the trouble zone, Ryan saw a group of men looting a store at 1952 Seventh ave. The detective chief, with his chauffeur, swung into action and attempted to round up the thieves. there was a terrific battle, but Ryan emerged from it with Amie Taylor, 21, as his prisoner.
No other sources support that account. The story's framing of the incident in relation to the force used by police does direct attention to the unremarked upon means by which police made arrests. The New York Evening Journal was one of several white newspapers that claimed that police showed restraint in responding to the disorder, and did not shoot at crowds until the after midnight, when looting became widespread. If police drew their revolvers but did not fire them in this "terrific battle," they likely used the gun butts as clubs, as they are in several photographs taken during the disorder.

Crowds had moved down 7th Avenue from West 125th Street around 10 PM. This event was the first this far south on the avenue. Taylor may have come from the opposite direction. He lived south of the store, at 1800 7th Avenue, next to Central Park, in an area home to Black, white and Spanish speaking residents. Taylor's first name caused confusion about his identity. In the 28th Precinct Police Blotter the name is "Annie," and he is identified as female, information likely responsible for Annie also being used in the list of those arrested in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and the list in the New York Evening Journal. While the Harlem Magistrates Court docket book identifies Taylor as male, the clerk recorded the name as Annie on his examination, and on the back of the Magistrates Court affidavit, where it is struck out and Amie written underneath.

When Taylor appeared in Harlem Magistrates Court on March 20 charged with burglary, Magistrate Renaud remanded him to appear again on March 22. Reporters from the Home News, New York Daily News, New York Evening Journal and Daily Worker were in court when Taylor appeared again; the Daily Worker somehow misreported his name as Annie. Renaud sent Taylor to the grand jury, who on April 3 transferred him to the Court of Special Sessions, which as it adjudicated misdemeanors, means they must have reduced the charge from burglary to an offense such as unlawful entry, petit larceny or disorderly conduct. Two weeks later, on April 17, the judges acquitted Taylor, according to the Police Blotter. Given the low value of what Taylor allegedly stole – a total of 54c – it would not have been surprising to see him receive a minor punishment; but to acquit him the judges would have had to find fault with the evidence against him provided by Officer Harmon and Detective Wolf. The sources are silent on what alternative account of events Taylor offered, but others arrested in the disorder claimed to have been bystanders mistakenly grabbed by police trying to pick offenders out of crowds. It could also be that prosecutors could not prove that the chewing gum found on Taylor had been taken from the store; it was a common enough item, in a large but not inexplicable quantity, that he could have obtained it legitimately elsewhere.

This page references:

Consolidated Laws of the State of New York, Vol. 4. Penal law to real property law (Albany: J. B. Lyon, 1909)