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Norman Lobsenz, Emergency! The Dramatic Story of the Emergency Service Division of the New York City Police Department (New York: David McKay Co., 1958), 68.
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Police establish perimeter around Kress' store
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After Inspector Di Martini returned to 125th Street around 7:00 PM, he called for police reinforcements. A New York Evening Journal story celebrated the response as “the most remarkable 'military' feat in the history of the department.” That portrayal was certainly how the police department would have sought to present the deployment. However, the arrival of additional officers appears to have taken longer than the story allowed, and to have been focused on establishing a perimeter around Kress’ store. The piecemeal arrival of reinforcements made that a protracted process. As police struggled to keep crowds away from Kress' store, those clashes served to disperse crowds along the avenues rather than stopping the violence. Unable to prevent windows being broken in businesses on 125th Street, police had to guard damaged stores, limiting the officers who could be deployed on the avenues. Guards appear to have prevented looting; they did not stop additional windows being broken. After crowds broke through on to 125th Street around 10:30 PM, there are only two further incidents in that area during the remaining disorder, an alleged assault on a woman and a shooting, both at the intersection of 125th Street and 7th Avenue. Although other incidents whose timing is unknown may have occurred during that time, the evidence suggests that police perimeter held through that period.
The New York Evening Journal story lauding the police response reported “a small army of 700 police was beating back the rioters” on 125th Street between 8th and 7th Avenues. That number likely reflected the total deployment rather than the force that set up the perimeter around Kress’ store. It was in line with the number Di Martini reported to the police commissioner were in Harlem after midnight and fell between the totals reported by newspapers, with the 1,000 officers mentioned by the Daily Mirror at one extreme, and the 500 officers reported by the Home News and New York Herald Tribune representing the other end of the range. While the officers coming from beyond the local precincts went initially to 125th Street, Lt. Battle later told Langston Hughes that the reserve officers from Harlem's precincts went to their stations, on West 123rd Street and West 135th Street. Some of those officers may have been sent directly to other areas of Harlem, particularly those who arrived later in the evening.
The perimeter established by police extended from 8th to Lenox Avenues, and from 124th to 126th Streets, according to stories in the New York Times, Daily Mirror and Pittsburgh Courier, the only sources that described police deployments. While Inspector Di Martini had summoned the reinforcements, the newspapers credited that deployment to Deputy Chief Inspector McAuliffe, who commanded uniformed police in the borough of Manhattan, and would have taken over from Di Martini when he arrived around 9:00 PM. The department’s emergency trucks attracted the most attention in newspaper stories, presented as the anchors of the police cordon. Six emergency trucks were stationed at the intersection of West 125th Street and 7th Avenue in the strategy reported by the New York Times, Daily Mirror, and Pittsburgh Courier. Emergency trucks were more dispersed according to the New York Herald Tribune; two at West 125th and 7th Avenue, one at West 125th and Lenox Avenue, and one at West 127th and 7th Avenue.
The Emergency Services Division had succeeded the police department’s Riot Battalion in 1925. Each truck had a crew of eight officers and, in addition to rescue equipment, carried a Thompson machine gun, three Winchester rifles, and a Remington shotgun, as well as a tear gas gun, for use against "disorderly crowds." The twenty-two trucks in the department in 1935 were dispersed throughout the city. While the two located closest to 125th Street arrived relatively quickly, additional trucks would have taken significantly longer. Squad #6 was based on East 122nd Street, and had been involved in clearing shoppers from Kress’ store earlier. Squad #5, based on Amsterdam Avenue, arrived around 7:15 PM, according to Patrolman Eppler. The New York Evening Journal identified trucks as coming from Kingsbridge in the Bronx and from Coney Island at the southern end of Brooklyn, the latter apparently arriving later: “It slithered perilously over wet streets but arrived in time for its crew to get into action.” The Brooklyn Daily Eagle identified another squad from Brooklyn, Squad #16 from Herbert Street, as having crashed returning from Harlem, at 1:00 AM (a time when there was still significant disorder). Thompson did not mention the trucks. Neither did trucks appear in any of the published photographs of the disorder. Some of their crew did, identifiable because the rifles they carried — described as “riot guns” in newspapers stories and photograph captions — caused them to stand out from other police. They did not, however, have a machine gun that needed to be “set up,” as the Afro-American reported: each truck instead carried a single hand-held "Tommy gun." Nor were the trucks equipped with enough of those weapons for all the crew to have one. And there are no reports that they used tear gas. Those weapons prompted several newspapers to use martial language in stories about the squads’ activities. The New York Evening Journal story on the police reinforcements described Harlem as a “seething battleground,” and the police as “beating back the rioters in a savage and organized attack.” An emergency truck from the Bronx “leaped off the machine and tore into a crowd of window smashers” (perhaps at Herbert’s jewelry store at 125th Street and 7th Avenue, where another New York Evening Journal story described a similar scene). The Daily Mirror described emergency trucks as "being sent to the battle zone."
The other evidence of the presence of emergency trucks placed them in less warlike roles. Newspaper photographs show their crew among the officers who guarded damaged stores. A patrolman with a riot gun stands in front of Herbert’s jewelry store on northeast corner of 125th and 7th Avenue in a photograph published in the Burlington Free Press. Stories in the New York Evening Journal and New York Herald Tribune described police with riot guns guarding the store (the Daily News, New York American, and Home News described the officers simply as patrolmen). Another patrolman with a riot gun was photographed on the corner across 7th Avenue from the jewelry store. The image published in the New York Evening Journal is narrowly focused on the officer, whereas another version of that image published in the Daily Mirror shows a Black man walking past him, and the image published in the Daily News shows several Black men and women walking by on the sidewalk, evidence of the continued presence of people around 125th Street. Two additional patrolmen, one visibly carrying a rifle, stand in front of Sherloff’s jewelry store, just a few buildings north of the intersection, in an AP photograph published in the Los Angeles Times. Taken together, the images suggest that the crew of at least one Emergency Truck guarded stores at the intersection. Captain Rothengast, Patrolman Moran, and Patrolman Eppler told the MCCH that they also guarded other stores on 125th Street, including Kress’ store. A photograph published in the Daily News shows a patrolman talking through a broken window with a man inside a store on 125th Street. Again, Black men and women are visible in the background on the sidewalk in the background, their presence indicating that police had not closed the streets.
The police perimeter appears to have focused on keeping crowds off 125th Street, not individuals and small groups. In addition to those visible in photographs, Captain Rothengast described seeing "groups of people in 125th Street – no more than 250" when he arrived at Kress’ store around 8:30 PM. A story in the Home News also reported that “In an effort to keep traffic moving, police permitted pedestrians to walk through 125th St. The sidewalks on both sides of the street were crowded.” Patrolmen Moran and Eppler testified that at least some of those people approached police guarding Kress' store asking about the boy beaten in the store, encounters also described by a reporter for the Afro-American. Allowing individuals to walk along 125th Street was not incident-free: around 8:30 PM, a white man was allegedly beaten in front of Kress’ store, with police arresting James Smitten for committing the assault. About twenty minutes later, police arrested Frank Wells for breaking a window in the Willow Cafeteria. Just before 10:00 PM, Detective Roge was hit by a rock in front of Kress’ store and another patrolman injured at 124th Street and 7th Avenue. At the same time, Louise Thompson described larger groups being pushed back by police. She told a MCCH hearing she saw "one policeman throw his billy into the crowds while the mounted police were riding them down” at the corner of 125th Street and 7th Avenue between 8:00 PM and 9:00 PM, a scene similar to that captured by a photograph published in the Daily News. There is no evidence of where that photograph was taken, but a second photograph of police dispersing a group of Black men and women, the most widely reproduced photograph of the disorder, was taken at 125th Street and 7th Avenue according to the caption. It shows the island that that divided the north and south lanes on the roadway, which contained trees and were surrounded by the barriers like those visible in the photograph. A group of men and women are scattering in response to a uniformed patrolman moving toward them. One man is bent over; the caption describes him as falling down. He may also have been pushed down or hit by the patrolman; another man obstructs the view of what has happened between the two men. (One version of the caption claimed that the photographer was hit by a rock soon after taking the image, which might explain why the patrolman was trying to move the crowd.)
One of the Black men killed during the disorder, Andrew Lyons, sustained a fractured skull "during the thick of a melee at 125th street and Seventh avenue," according to the New York Amsterdam News, or a block further west at 125th Street and Lenox Avenue according to the Times Union. Police clubs may have been responsible for those injuries, but the doctors who treated Lyons recorded that had been too groggy to tell his roommate or anyone else how he had been injured. No sources mentioned police firing revolvers or rifles to try to disperse the crowds.
On at least two occasions large crowds appear to have broken through the police perimeter. Louise Thompson told a MCCH hearing that around 9:00 PM a crowd broke through on to 125th Street. The Home News also reported that incident. Store windows were broken, Young's hat store looted, and two white men and a white police detective allegedly assaulted around that time. A second crowd broke through around 10:30 PM, resulting in more windows being broken and a white man allegedly being assaulted, and police arresting four Black men.
Most of the incidents on 125th Street before 10:30 PM did not result in arrests, likely because police were heavily outnumbered by crowds and constrained by the responsibility of guarding stores. Only at Kress’ store it seems were enough officers stationed to make arrests: there arrests were made not just around 10:30 PM but also just before 10:00 PM and at 8:30 PM. There are no arrests among those with known times in the period between the arrest of the picketers in front of Kress’ store at 6:45 PM and arrests on 125th Street between 8:30 PM and 9:00 PM. There are approximately a dozen arrests made at unknown times and places that might have occurred during this time, but it is more likely that police were too outnumbered to make arrests, as Lt. Battle later told Langston Hughes. While an arrest for breaking windows was made just before 9:00 PM, police made no arrests for the assaults and broken windows reported when a crowd broke through soon after.
The police perimeter appears to have held after 10:30 PM. Sometime before then, no later than 10:00 PM, and likely as early as between 8:30 PM and 9:00 PM, groups had moved on from 125th Street to attack businesses on 8th Avenue and 7th Avenue, and later, Lenox Avenue. In response, police began to disperse across Harlem, driving along those streets in radio cars and taking up positions on street corners and guarding damaged stores. Exactly when the first police were sent beyond 125th Street is not clear. The first arrest made away from 125th Street, on West 127th Street between St. Nicholas and 8th Avenues around 9:00 PM, appears to have been made by a patrolman on his way to 125th Street rather than being deployed elsewhere in Harlem. The arrest of Leroy Brown around 9:45 PM on 7th Avenue between 127th and 128th Streets is clearer evidence of a spreading police presence.
With the MCCH giving limited attention to this period of the disorder, witnesses who testified at their hearings did not provide the details they do of the earlier police response. Newspaper reporters and photographers were on 125th Street during this time, so would have seen some of these events and been able to obtain information from police. Inspector Di Martini spoke with a group of reporters, including one from the Afro-American during this time. At the same time, those reporters would have had a limited view. The block was too long for those at one intersection to see the details of what was happening at the other intersection, or even for those at Kress' store to clearly see the nearby intersection with 8th Avenue. At the corner of 125th Street and 7th Avenue the Afro-American's reporter saw only "little knots of people on the corner"; "once he walked on, however, he found high police officials and the first detail of 500 extra policemen rushed to the area" and "a large number of people between Seventh and Eighth Avenues." It is unsurprising then that newspaper stories offer only general and fragmented accounts of this period of the disorder. Information on specific events comes from legal records, which are limited largely to the period around 10:00 PM when police made arrests, and narrowly focused on the actions of a single arresting officer.
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Police response
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The police response to events inside Kress’ store slowly escalated, initially involving several patrolmen on post near the store, then reserves in radio cars, mounted officers, and an emergency truck, led by increasingly senior officers, Sergeant Bauer, then Inspector Di Martini (who commanded four precincts that made up the 6th Division). After Kress' store closed, a small group of officers remained to guard the front and rear entrances. Approximately fifteen officers were present on 125th Street in front of the store when Daniel Miller and then Harry Gordon attempted to speak. The arrests of those men followed police practice of singling out the leaders of a crowd, but came at the cost of reducing the number of officers guarding the store. When the crowd moved to the rear of the store, those officers called for help. Inspector Di Martini returned, and called for further reinforcements, likely in response to attacks on stores on 125th Street. Additional emergency trucks were sent, either three or four, as well as radio cars, uniformed officers, and plainclothes detectives. Estimates of the total number of police ranged from 500 to 1,000 men. Around 9:00 PM, Deputy Chief Inspector McAuliffe, commander of uniformed officers in Manhattan, took charge. The arriving police forces concentrated first on establishing a perimeter around 125th Street. Later, officers were dispersed throughout neighborhood, with radio cars patrolling the avenues, and Emergency trucks likely dispatched to outbreaks of violence. Stories in the New York World-Telegram, New York Herald Tribune, Home News, Norfolk Journal and Guide, Afro-American, and the MCCH report, described police as struggling to contain small groups that reformed soon after police scattered them. Nonetheless, police deployed in Harlem made at least 128 arrests. Officers also killed at least two Black men, Lloyd Hobbs and James Thompson. In the process, at least nine patrolmen and detectives suffered injuries.
Police officers already present on West 125th Street were the first to respond to events inside Kress’ store. Patrolman Donahue and his partner Patrolmen Keel saw three men struggling with Lino Rivera. At least one other officer, a Black officer named Miller, joined those two men. Keel and Miller must have remained outside the store, perhaps trying to move on the crowds that Donahue reporting seeing in line with police practice at the time, as neither are mentioned as having been involved inside Kress’ store. While Donahue left at 3:30 PM via the front entrance after he released Rivera, the store manager found only Miller on West 125th Street when he sought help sometime before 4:00 PM. Looking for police on post was how New Yorkers had traditionally sought their assistance. Miller must have left for the 4:00 PM shift change, as he was not mentioned again. Patrolman Timothy Shannon likely replaced Miller on West 125th Street, as he was in the store at 4:00 PM.
After twenty minutes in the store, Patrolman Shannon called for help, in the form of radio cars. In 1935, the Radio Motor Patrol, which worked sectors of 15–20 blocks, served as police reserves. Each car carried two officers. They were not yet equipped with two-way radios, so three cars were typically dispatched to each call to ensure that at least one responded. Shannon did not specify how many officers responded to his call. They clearly had little impact in dispersing the customers, as within minutes of their arrival Smith, the store manager, was telephoning the police for more help. A call to Police Headquarters was the means of seeking police assistance being promoted in the 1930s. Police responded by sending a sergeant to take control of the scene. According to the store manager, Sergeant Bauer soon told him that he did not know what to do. The manager then telephoned again, asking for enough officers to clear the store so he could close it. Additional officers were sent; the New York American reported that "About 40 radio patrolmen and detectives — the first major force to arrive — stamped into the store and cleared it" (although the story mistakenly claimed those officers cleared the store later, after it had been stormed by crowds from the street). The New York Herald Tribune reported three radio cars and an emergency truck arrived to help clear the store, which would have amounted to fourteen additional police. The Emergency Services Division had succeeded the police department’s Riot Battalion in 1925, with twenty-two trucks distributed around the city in 1935. Each truck had a crew of eight officers, equipped with a Thompson machine gun, three Winchester rifles, and a Remington shotgun, as well as a tear gas gun, for use against "disorderly crowds." Such incidents represented a very small part of the work of those squads, only 1.49% (100 of 6725) of the cases in which the squads were involved in 1935 according to the department's Annual Report. One arrest was made as the store was cleared, of Margaret Mitchell by Detective Johnson, confirming the presence of officers in plainclothes. Detectives in radio cars also served as reserves at this time.
Kress' store had been cleared and closed by the time Inspector Di Martini arrived at 5:40 PM. Although he told a MCCH hearing that he saw no “indications of further trouble" and left at 6:00 PM, the inspector did station "Sergeant Bauer, two foot policeman, one mounted policeman in the rear to prevent a riot.” Additional officers remained in front of the store, likely the "15 patrolmen, six mounted police and uniformed men of five radio cars" that the New York Evening Journal reported were present when Di Martini returned around 7:15 PM. Those officers focused on preventing a crowd from forming in in front of the store, moving along any who stopped, likely using their nightsticks. Although outnumbered by the crowds, the police followed their practice of arresting those they perceived to be leaders in an attempt to disperse the crowd. In this case, they arrested two white men who tried to speak to the crowds gathered on 125th Street and then two white men and a Black man who picketed in front of the store. Those arrests also brought police reinforcements. By the time Inspector Di Martini returned, some of the people police had pushed off 125th Street onto 8th Avenue had moved to 124th Street and attacked the rear of Kress' store. Two officers were injured as police dispersed that crowd. As police worked to keep 125th Street clear, mounted patrolmen played a prominent role, riding on sidewalks to clear crowds. While their efforts and those of officers patrolling the street swinging nightsticks kept the crowds moving, they did not prevent windows being broken in stores the length of the block between 8th and 7th Avenues. Only when reinforcements from other precincts began arriving around 8:00 PM were police able to start establishing a perimeter around 125th Street.
Several hundred police officers from surrounding precincts arrived on 125th Street around Kress' store, with Deputy Chief Inspector McAuliffe, who commanded uniformed police in the borough of Manhattan, taking charge around 9:00 PM. The six emergency trucks were given the most attention in newspaper accounts. They were stationed at several intersections to anchor the police cordon, with members of their crews, identifiable by the rifles — "riot guns" — they carried photographed guarding damaged stores around the intersection of 125th Street and 7th Avenue. The need to guard businesses continued to limit how many police could be deployed to control crowds, as police continued to focus on preventing large groups from forming or moving onto the block of 125th Street containing Kress' store, with mounted patrolmen and nightsticks again prominent. They did let individuals and small groups walk along the sidewalk. Further damage to store windows in this area was limited by the increased numbers of police, with additional windows broken seemingly only on two occasions when crowds broke through the police cordon, around 9:00 PM and again around 10:30 PM. Police made at least four arrests on that second occasion, but none are recorded around the time of the earlier incident. It could be that there were still insufficient police to make arrests at 9:00 PM, or that those arrested are among those for which there is no information on timing. Sometime between those two clashes, groups began to move away from 125th Street and direct their attacks at businesses and white individuals they encountered on 8th, 7th, and later Lenox Avenues. In response, police began to be deployed beyond 125th Street.
Rather than concentrating on a specific location, the crowds beyond 125th Street came together in smaller groups, scattering when police appeared and reforming when they departed. They ranged over an area too large for police to guard with any sort of cordon. Instead, police responded to calls, patrolled the streets in radio cars, and took up positions at some locations. Unlike earlier in the disorder, they encountered looting, which officers regarded as a serious enough offense to warrant shooting at alleged offenders. Police fatally shot two Black men allegedly caught looting, and likely shot and wounded several others. They also made more arrests during this period of the disorder than earlier, with almost half of the arrests with information on timing occurring between 11:00 PM and 2:00 AM. However, the gunfire and arrests did not prevent widespread damage and looting. More than one hundred business owners cited a lack of police protection when they sued the city for failing to protect their property from the disorder. By 4:00 AM, Deputy Chief Inspector McAuliffe claimed the streets were quiet. There were three incidents an hour later involving radio cars patrolling 8th and Lenox Avenues, including the fatal shooting of James Thompson.
While police reserves from outside Harlem were sent home, a large force of police was on Harlem's streets on March 20, and additional police were present in the neighborhood for several more weeks, including numbers of detectives in plainclothes.