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[Photograph] "Cop (left) holds clubbed gun as he and another lead Charles Alston to patrol wagon," Daily News, March 21, 1935, 30.
1 2022-12-15T19:42:38+00:00 Anonymous 1 3 plain 2023-10-03T17:09:38+00:00 AnonymousThis copyrighted photograph can be viewed at Newspapers.com: https://www.newspapers.com/clip/114671315/cop-left-holds-clubbed-gun/
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2020-02-26T14:48:08+00:00
Charles Alston arrested
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2024-01-18T21:29:25+00:00
At 5:00 AM on March 20, around two hours after police reported the neighborhood streets were quiet, Patrolman Jerry Brennan arrested Charles Alston, Albert Yerber, Edward Loper, and Ernest Johnson for allegedly shooting at police stationed at Lenox Avenue and West 138th Street. No police officers were reported injured, but Alston suffered a fractured skull as the men fled police. Trying to escape by leaping from the roof of a five-story building to the adjoining building, Alston fell to a second-floor ledge. He was a twenty-one-year-old Black man, as was Loper; Johnson was twenty-two years of age, and Yerber twenty years of age. Alston lived northwest of the alleged shooting, on the edge of Harlem at 512 West 153rd Street. The other men also lived west of where they were arrested, within Harlem, Johnson at 206 West 140th Street, Loper at 298 West 138th Street, and Yerber at 106 Edgecombe Avenue. Only a small proportion of those involved in the disorder lived above 135th Street. The apparent quiet may have made the men willing to travel some distance from where they lived to investigate conditions in the neighborhood. Their arrests starkly illustrated that the reimposition of order did not make Harlem's streets safe for Black residents in the way it did for the reporters who ventured uptown from 125th Street to document their arrest. Discrimination and violence at the hands of police were an everyday feature of the neighborhood's racial order, not the result of its breakdown.
Newspaper stories contained few details of the shooting, even as they employed a range of dramatic and emotive language — for example, the New York World Telegram and Times Union reported a “nest” of snipers “trying to pick off” a "lone policeman." Stories in the New York World Telegram and Brooklyn Daily Eagle did offer the name of the officer allegedly targeted by Alston and his companions, Patrolman Jerry Brennan of the Morrisiana station, and the same dramatic account that a bullet whistled past his ear as he stood on post at Lenox Ave and 138th Street. Taking cover, he saw the men on the roof of the five-story building at 101 West 138th Street. Soon after, police reinforcements arrived and rushed to the roof to arrest the men. One other story, in the Home News, identified Brennan, but cast him not as the target of the shooters but as one of the police who responded. In a radio car assigned to the area with his partner Patrolman McGrady, Brennan “heard the shots and sped to the scene. At the radio car's approach the four snipers [standing in the doorway] ran to the roof of the building.” This story provides the key detail that no guns were found on Alston and his companions.
On March 20, the other three men appeared in court charged with disorderly conduct, according to the Washington Heights Magistrates Court docket book. The clerk annotated that charge with the word "annoy." Under that section of the statute, a person was guilty if they acted "in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others." A separate clause punished disorderly or threatening conduct or behavior, so based on that annotation, the men were not charged with attacking Brennan. That charge of annoying better fit the circumstances described in the Home News. Whatever the patrolman alleged, Magistrate Ford did not find sufficient evidence of the men's guilt and acquitted the three men. Given that outcome, it is possible Brennan mistook some other noise for gunfire. Without any evidence of an assault in the sources, these events are treated here only as arrests. It was not until three weeks later that Alston appeared in court, on April 9. On that date he was discharged, an outcome recorded in the transcription of the 32nd Precinct blotter made by the MCCH's researchers. In releasing Alston without trial the Magistrate was following the decision made in the other men's acquittals.
Alston’s fall attracted more attention than the shooting. Again the Home News offers the most detail, noting that the leap that Alston had attempted was a distance of seven feet (the New York Post said six feet), and that after he landed on the ledge he managed to crawl through the window into an apartment and hide under a bed. His escape bid failed as the occupants of the apartment called police. The Home News report also made clear that Alston did not appear seriously injured at the time of his arrest. It was at the 135th Street police station that he collapsed and was found to have a fractured skull, the serious injury noted in less detailed stories and in lists of the injured. (The New York Evening Journal was the only other newspaper to report these details, although it mistakenly reported that the group arrested numbered three, not four. The New York Post did report that Alston hid under a bed.)
The Daily News published a photograph of Alston's arrest in which he is holding his head, suggesting he did appear injured at that time. The caption published with the photo drew attention to the “clubbed gun” held by the uniformed officer leading Alston to a patrol wagon (seeming to suggest that the officer had used the gun butt to hit Alston). It concludes starkly, “He’s dying.” The photo published in the Norfolk Journal and Guide and New York World-Telegram credited to the International Photo agency and likely taken with the camera visible in the foreground of the Daily News photo a few seconds earlier, also clearly shows Alston clutching his head, with marks on his trousers and jacket that may be evidence of his fall. The officer’s clubbed gun is also again visible, together with the night stick of his partner. The full photograph from which the published image is cropped, part of the Bettman Collection digitized by Getty Images, provides a clearer view of those gathered around the building.
Visible to the right of this group are three black men obscured in the Daily News photo, which shows only white men. Given the location of this arrest in the heart of Harlem, at 5:00 AM, the only white men likely to be present would be reporters and police detectives in plainclothes. The photographs are some of the few taken beyond the area around 125th Street. By the time of Alston’s arrest, the disorder was over, allowing white reporters to travel more freely in Harlem than they had earlier, when crowds had attacked them. The captions accompanying the published cropped versions of the photo in the Norfolk Journal and Guide and New York World Telegram misidentified Alston as a suspected looter.
The New York American, New York Evening Journal, and New York Post included Alston in their lists of the injured, as did the New York Herald Tribune on March 21, and the Black newspapers the Atlanta World, Afro-American, and Norfolk Journal and Guide several days later, all describing the nature of his injuries with no reference to the circumstances in which he suffered them. He was not listed among those arrested. A photograph published in the Daily News of four patrolmen carrying a stretcher containing an injured Black "victim of the rioting" out of the West 135th Street station may be an image of Alston being taken to the hospital. The photograph was not published until March 21, and the caption identified it as having been taken "early yesterday." As the location was the 135th Street station, the "victim" would have been injured above 130th Street, the southern boundary of that precinct. Most seriously injured individuals would have been taken directly to hospital. -
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2020-02-24T23:43:11+00:00
Assaults by police (?)
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2024-01-17T20:11:06+00:00
There are no reported victims of assaults by police officers during the disorder aside from Lloyd Hobbs and James Thompson, the two men police officers shot and killed. Four additional Black men arrested by police appeared in lists of the injured, one shot, three with injuries that may have resulted from being beaten. Harry Gordon, a white man arrested trying to speak at the beginning of the disorder, claimed he was beaten while in custody. Generalized reports of violence by police suggested that some unattributed incidents of violence and injuries may have been the work of police officers.
The uniformed patrolmen who responded to the disorder carried both nightsticks and pistols. Detectives did not typically carry nightsticks but were issued them to deal with the crowds, according to the New York Evening Journal. Emergency trucks carried rifles that were used by the patrolmen who crewed those vehicles. All those weapons were evident in photographs of police taken during the disorder. Officers first resorted to nightsticks and pistols used as clubs. A Daily News photograph of the arrest of Charles Alston showed one of the officers holding his pistol by the barrel so the butt could function as a club, a detail to which the newspaper’s caption drew attention. The Times Union story on the riot noted that “Police night sticks accounted for almost as many minor injuries as the shower of stones thrown from rooftops, windows and hallways by rioters.” Officers used nightsticks when they sought to move or contain crowds. One can be seen in the hand of the officer pushing into the crowd in a Daily News photograph; that one of the Black men to his right appears to be reaching for the officer’s arm confirms he is swinging into the people in front of him.
One Afro-American journalist reported that while mounted police had been "somewhat rough" early in the disorder, violence by other officers only came later in the disorder, "early Wednesday morning, as the news that fellow-officers had been wounded with bricks increased, [when] other officers 'got even' by 'mussing up' whoever came into their hands." Further evidence of that more indiscriminate use of nightsticks appeared in a New York Herald Tribune story about the “best joke” doing the rounds at the West 135th Street station after the disorder. It involved Detectives McCane and Teed chasing a group of Black residents into a hallway near 130th Street and Lenox Avenue. Although that area saw the most concentrated looting of the disorder, the officers were not seeking to make an arrest. Instead, after Teed went into the hallway, McCabe waited outside. As Teed caused each of the black individuals to flee back to the street, McCabe “hit them over the head with a nightstick” as they went by. It became a joke when his “zealousness” led him to hit his partner when he too exited the hallway. Similarly, police responded to a crowd attacking the car in which Betty Wilcox sat, she related, "with big clubs swinging,... and began to strike out at random and shoot in the air."
A Black man named James White suffered a “laceration of the scalp…during an altercation with an unknown white man” just a block away from that incident, at 129th Street and Lenox Avenue. He reported that assault only to the hospital staff from whom he sought treatment. White did not identify his assailant as a police officer, perhaps indicating the man was not in uniform. Detectives who wore plainclothes like McCabe and Teed would have made up a significant proportion of the white men present at the heart of the disorder. Andrew Lyons, a Black man who suffered a fatal injury to his skull during the disorder, may also have been hit with a nightstick. Two newspapers reported he had been injured on 125th Street, at different locations on the police perimeter. However, medical records indicated he did not receive medical attention until the evening after the disorder, by which time he was described as "stuporous" and unable to tell doctors what had happened to him.
The only photograph of an arrest being made, published in the Daily News, did not show, but suggested, violence by police. Two officers were visible, on the southeast corner of Lenox Avenue and 127th Street, with one standing over a Black man seated on the ground (none of the arrests with locations identified in the sources occurred at the corner). The patrolman was “dragging a recalcitrant rioter off to prison,” according to the caption, although the image did not offer a view of the patrolman's hands. That kind of treatment could produce some of the injuries reported in the press. More serious injuries would have come from being hit with a nightstick. One officer in the photograph had his nightstick under his arm, while the other, in the foreground, had a revolver in one hand and a nightstick in the other. As they had those weapons at hand, they likely employed them in apprehending the man. He may have fallen, but it seems more likely that the officers knocked him down during the arrest. His face was obscured by his hat so there were no visible signs that he was beaten. (In the background several Black women are visible walking past the scene along 127th Street, one looking back over her shoulder at the police.)
Black men arrested during the disorder displayed further evidence of police violence. The New York Post reported that many of the prisoners who filled the West 123d and West 135th Street police stations before midnight were “slightly injured,” while the New York Sun described "groups of prisoners battered and bruised." Descriptions and published photographs of the appearance of prisoners the next day in line-ups and being transported to court confirmed those reports. Many had bandaged heads and visible bruises. The New York Sun unambiguously attributed those injuries to the men’s “furious battles with the police.”
Four Black men and a white man arrested by police were also among those reported injured. Patrolman Conn hit Paul Boyett in the shoulder when he shot at the crowd around a group of men assaulting Timothy Murphy. A doctor from Knickerbocker Hospital treated Boyett's wound before he was placed in a cell. When James Smitten was arrested for assaulting William Kitlitz, the “lacerations to the scalp he received in some unknown manner” were severe enough that doctors were also called to the 28th Precinct to treat him. Isaac Daniels had contusions on his arm and Hashi Mohammed internal injuries, with no description of the circumstances in which they were wounded. In addition, Louise Thompson reported to the MCCH the “severe beating” that she saw Patrolman Irwin Young and his colleagues administer to Harry Gordon, a white Communist, when they arrested him on 125th Street. ILD lawyer Isidore Englander did not see police beat Frank Wells, but saw the results when he found him at the Harlem Magistrates Court. "His head was bandaged, his shirt was red with blood, he could not stand on his feet," Englander testified in a public hearing of the MCCH. According to a summary in a list of "Cases of Police Brutality, Discrimination and Mistreatment of Negroes in Harlem" later supplied to the MCCH by the Communist Party, Wells was "attacked by police and brutally beaten" while walking down 125th Street, again at the police station, and a third time in the police line-up on the morning of March 20.
While few reports of the disorder showed any concern about the indiscriminate use of nightsticks by police, officers' use of their guns was another matter. No one disputed that guns were fired, beginning almost as soon as police faced crowds. The officer in the foreground of the Daily News photograph of an arrest above has drawn his revolver, ready to fire it, not use it as a club. However, newspaper stories emphasized that prior to midnight, officers fired those shots into the air, not at any individuals. The Daily News reported very precisely that the detachment of police trying to clear crowds from 125th Street after someone broke the first window in Kress’ store fired five shots into the air. The shooting of Lyman Quarterman around 10:30 PM was to be at odds with that claim: he was part of a crowd police were attempting to disperse on 7th Avenue at 121st Street, firing their weapons, supposedly only in the air. However, there were no reports of anyone else other than police firing guns during that incident.
After midnight, when looting and damage to property increased, whatever restraint police had shown in using their guns disappeared, notwithstanding one Afro-American journalist who claimed that police "did not fire into crowds." It was during this period that officers shot and killed Lloyd Hobbs and James Thompson, and that Patrolman William Clement shot at a crowd pursuing B. Z. Kondoul, a white man, allegedly in order to protect him from assault. Four other Black men suffered gunshot wounds from unidentified shooters in the same period, all but one in the area in which looting was concentrated. It was likely that at least some were shot by police. Eunice Carter asked Captain Rothnengast for details of those shootings during a MCCH hearing, suggesting that they had been shot by police: “Officer, you stated that other people were shot but who shot them? Was there any effort to find out who shot them? Was any check made on the bullets to ascertain whether they came from police guns?” He replied simply that “No bullets were recovered.” There was little evidence of Black individuals firing guns; there were two arrests for possessing a gun. Inspector Di Martini told a hearing of the MCCH that he heard gunshots around 130th Street sometime during the disorder that "apparently came from some roof or window on the side streets," but he did not actually see that himself. Despite the evidence of police firing at crowds, the New York Post reporter compared the fatalities and injured favorably to "the long lists of deaths that might easily have resulted," indicating that "the police handled the crisis so carefully." A journalist for the Afro-American agreed that "the police, on the whole were restrained," but saw a different consequence, that the "crowd would not have been downed if colored bodies were scattered here and there felled by police bullets."
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2020-09-01T22:00:51+00:00
Injured and arrested (5)
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2024-01-27T02:31:16+00:00
Four Black men arrested for assault, and one arrested for inciting a riot and possession of a firearm are recorded as being injured.
In two cases, that injury is mentioned in accounts of the assault. Paul Boyett was shot in the right shoulder by a policeman who alleged he was part of a group the officer interrupted assaulting Timothy Murphy. A physician from Knickerbocker Hospital attended him at the 30th Precinct, after which he was placed in a cell. Charles Alston allegedly fell when trying to escape police by jumping from the roof of one building to an adjacent building. He landed on a ledge three floors below, fracturing his skull. Photographs of Alston's arrest show him holding his head, but the severity of his injury only became apparent at the police station, when he passed out — a detail reported only in the Home News. Alston did appear in the lists of the injured published by several newspapers.
In two cases, accounts of the assault make no mention of an injury to the men arrested, which could indicate that they had been assaulted by police. James Smitten, arrested for assaulting William Kitlitz, had "lacerations of [sic] scalp" that may have come at the hands of Kitlitz during the alleged assault, or from police during his arrest. A physician from Harlem Hospital attended him at the 28th Precinct, where he remained after treatment. Isaac Daniels, arrested for assaulting Herman Young by throwing a stone through the window of his store, had "contusions" of his left arm that may have come from police during his arrest according to the list of the injured in the New York Post.
No details survive of the circumstances of the fifth case. Hashi Mohammed, a twenty-two-year-old Black man identified as of "Abyssinian" origin, charged with inciting a riot and possession of a firearm, also appeared in three newspapers' lists of the injured.Injured
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1
2022-07-04T21:13:32+00:00
5:00 AM to 5:30 AM
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2024-01-11T00:34:06+00:00
Harlem’s streets had been free of disorder for just under two hours when two patrolmen in a radio car traveling on Lenox Avenue heard what they thought were gunshots in the vicinity of West 138th Street. As they approached the corner, Patrolmen Brennan and O’Grady saw four Black men standing in the doorway of the building just off the northwest corner, 101 West 138th Street. As the radio car approached, the men fled into the building. The officers called for helped and rushed in after them. Twenty-year-old Albert Yerber, twenty-one-year-old Edward Loper and twenty-two-year-old Ernest Johnson were caught and arrested on the roof of the five-story building. Twenty-one-year-old Charles Alston tried to avoid arrest by leaping six to seven feet from the roof to the adjoining building. He landed on a second-story ledge and managed to crawl through a window into an apartment and hide under a bed. However, Alston did not escape as the occupants of the apartment called police.
Photographs of two patrolmen escorting Alston out of the building that appeared in several newspapers, including this image published in the Daily News, drew attention to his arrest. Alston appeared holding his head, evidence of a head injury suffered as he fled police. The injury would later cause him to collapse while in custody at the 32nd Precinct.
The patrolmen’s initial report that they had heard gunshots led several white newspapers to publish sensational stories that portrayed the four men as snipers who had shot at police officers standing on the street. However, subsequent events indicated that nothing like that had happened. No guns were found on the men, nor was there any other evidence that a gun had been fired. Police did charge the men with disorderly conduct, to which the Magistrate Court clerk added the note “annoy” in the docket book. The charge implied that the men had somehow deliberately attracted the attention of the patrolling police and provoked their arrest. Whatever the officers alleged they had done, their testimony did not convince Magistrate Ford. Later that day, he acquitted Yerber, Loper, and Johnson. Alston was too ill to be arraigned with his companions, but when he appeared in court three weeks later, he too was acquitted. None of those verdicts were reported in the press. The picture of Black snipers taking shots at police was left to distort how readers of the city’s sensational white press saw the violence of the disorder.
The photographs of Alston indicated that white reporters were now venturing beyond the area around West 125th Street. The period of quiet clearly had made them feel safe enough from the attacks directed against their colleagues Everett Breuer and Harry Johnson early in the disorder to leave the area where police were concentrated. Alston, Yerber, Loper and Johnson had also traveled some distance from where they lived. Their arrests starkly illustrated that the reimposition of order did not make Harlem's streets safe for Black residents. Discrimination and violence at the hands of police were an everyday feature of the neighborhood's racial order, not the result of its breakdown. In fact, this would not be the only encounter between police radio cars and Black residents and white men who worked in Harlem’s businesses returning to the streets as a new day began.