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• 1 2022-07-14T17:02:48+00:00 Police find Lino Rivera 65 plain 2023-11-09T06:16:23+00:00 Sometime during the disorder, police tried to locate Lino Rivera so they could show that he had not been killed or beaten. Chief Inspector Seely ordered the boy be located, according to the New York Times, which indicated that those efforts started after 9:00 PM when senior officers took charge of the police response. However, the Daily News, New York Herald Tribune, Home News, New York Times, Times Union, and Afro-American newspapers simply reported that police searched for Rivera throughout the night. They were unable to find him because the home address they had was incorrect: 272 Morningside Avenue rather than 272 Manhattan Avenue. (The New York Age story written early in the disorder included the incorrect address.) The Daily News reported that “the mistake was made” when Eldridge gave the address to an officer at the West 123rd Street station over the telephone — not that he had misrecorded the address as the New York Herald Tribune reported or that Rivera had given a false address as the Home News reported. According to Louise Thompson, a group of women who had tried to locate Rivera at the beginning of the disorder also had the wrong address, although one on the correct street: 410 Manhattan Avenue. Joe Taylor, the leader of the Young Liberators, also heard a rumor that Rivera lived at 410 Manhattan Avenue and went to investigate around 7:30 PM.
  
  At 1:30 AM, Officer Eldridge was woken at his home on Whitlock Avenue in the Bronx by a telephone call telling him to report to the Chief Inspector at the West 123rd Street station, he told a hearing of the MCCH. The police officers who had been at the Kress store, Eldridge and Patrolman Donohue, had gone off duty at 4:00 PM. Until he was woken, Eldridge thought Rivera had been arrested and was unaware of what was happening in Harlem. He was able to go directly to Rivera’s home, arriving around 2:00 AM. He found him asleep, according to his testimony. The boy had not been there all night, as initially reported in the New York Evening Journal and New York Sun, but had gone out around 9:00 PM. Rivera had a cup of coffee and returned home after about twenty-five minutes because he "saw there was a lot of trouble around,” the New York World Telegram and Times Union reported. Rivera said Eldridge told him people thought he was dead, the New York World Telegram and New York Herald Tribune reported.
  
  Eldridge took Rivera to the West 123rd Street station. Only the New York Sun described Rivera as “blubbering and frightened.” Rivera told a reporter for the New York World Telegram that he was at the station for about half an hour. During that time, police questioned him, he spoke with reporters and was photographed with Lt. Battle and Officer Eldridge. Newspaper stories that quoted his statements mentioned that he spoke to two different officers, Kear, according to the Daily News, and Captain Oliver, according to the New York Evening Journal and New York Sun. Battle told the MCCH that he asked Rivera “if he had been hurt by anyone and had he been arrested.” The New York Evening Journal, New York Post, New York Sun, and New York American published separate stories about Rivera’s statements. The Daily News, New York Herald Tribune, and Atlanta World appended his statements to larger stories on the disorder. Reporters also interviewed and photographed Rivera at his home later on March 20. The New York World Telegram, New York Herald Tribune, and La Prensa published separate stories based on those interviews, while the New York Times included Rivera in a larger story.
  
  Inspector Di Martini took credit for having Battle appear in the images. “It was my idea to get Lieut. Battle to pose with the boy and get the picture into the streets as soon as possible,” he told a hearing of the MCCH. Battle said the reason Rivera posed with him was “for the moral effect.” Not made explicit in either statement was that having the boy photographed with a Black police officer added to the credibility of the image and cut across the racial divisions expressed in the disorder. “A lot” of pictures were taken, Rivera told a MCCH hearing, but only six different published images have been identified. An Associated Press photo that showed Battle seated with his arm around Rivera, who was standing, was published in the New York Times, New York Post, New York Herald Tribune, and New York Sun. Rivera was only 4 feet 8 inches tall according to the New York Herald Tribune, so that pose put the two on the same level. Their height difference was visible in an image of them standing in the same pose taken by an International Photo Agency photographer. That difference was further emphasized in the photograph of this pose published in the Daily Mirror in which Battle is looking down at Rivera. (The Daily Worker took offense at Battle having "his arm protectively around" Rivera as the "Harlem masses...know that Battles would kill a worker on the slightest excuse.") Photographs taken by the International Photo Agency and Daily News revealed that Eldridge was on the other side of Rivera in both poses. Eldridge did not have an arm around Rivera, as Battle did, so was detached from their grouping. A second Black officer added to message Di Martini wanted to send. However, Battle was in uniform and well known as the senior Black police officer in New York City, while Eldridge was in plainclothes, a suit and tie, and not a public figure. It was likely on that basis that some photographers and editors decided not to include Eldridge. An ANS photo showed Rivera and Battle standing surrounded by white reporters, looking at a camera to their left. Where the other photographs showed Rivera unharmed, in contradiction of the rumors circulating in Harlem, the ANS image presented him as telling his story. Rivera, dressed in a leather jacket, is smiling in all the photographs. Photographed at home later that day, Rivera wore a suit and tie because he said his mother suggested he “dress for the picture." In the image published in the New York Evening Journal, he shows a pensive expression rather than smiling. (The New York Times reporter who visited Rivera at home described him as "a dejected figure," "overwhelmed by the fact that his desire for a ten-cent knife had precipitated the riot and resultant bloodshed.")
  
  If the primary purpose of finding Rivera was to show that he was alive and unharmed, his appearance at the police station also brought some consistency to reports about the identity of the boy who had been in Kress' store. Louise Thompson heard from the women she spoke to in Kress' store that a "colored boy" aged ten to twelve years had been beaten. The signs carried by the Young Liberators who picketed the store an hour or so later referred to a "Negro child" and the leaflets their organization distributed an hour later later described a "12 year old Negro boy." The first newspaper stories published appear to have relied on those rumors and leaflets in describing the boy; with neither Eldridge nor Donohue still on duty, police apparently did not have more precise information until Rivera was found. The New York American mentioned a "colored boy" and a "10-year-old Negro boy," the Daily News a 12-year old "colored boy," the New York Evening Journal a 15-year-old "Negro boy," the Daily Mirror a "little colored boy," the Home News a "young colored boy," and the New York Sun a "Negro boy." Early stories in some Black newspapers featured similar descriptions, a "small Negro boy" in the Norfolk Journal and Guide and a 10-year-old "colored boy" in the Indianapolis Recorder on March 23. Other stories in Black newspapers simply referred to the boy's age not his race: a 16 year old boy in the Atlanta World on March 21, a 12-year-old boy in the New York Age, a 14-year-old boy in the Chicago Defender, and a 16 year old boy in the Afro-American and Pittsburgh Courier on March 23. Newspapers published on March 20 after police found Rivera identified him as a 16-year-old Puerto Rican, in the New York Post and New York World-Telegram, or a "Puerto Rican youth" in the New York Herald Tribune and Times Union. The New York World-Telegram pointed to the differences between Rivera and the boy of the rumors by putting Negro in quotation marks when reporting the rumors and the text of the Young Liberators leaflet. By contrast, the New York Times referred to a 16-year-old "Negro boy" even after Rivera had been found, as did the New York Sun and New York Evening Journal. While the New York Times did eventually identify Rivera as Puerto Rican when he appeared in the Adolescents court after the disorder, the New York Evening Journal continued to describe Rivera as "Negro," while the New York Sun made no mention of his race. Those newspapers' persistent use of "Negro" may have been intended to convey that Rivera was dark-skinned; the New York American described him in those terms, as a "dark-skinned 16-year-old Porto Rican" in a story reporting an interview with the boy in his home, while the Brooklyn Daily Eagle described him as a "Negro born in Porto Rico." Editions of the other newspapers published after Rivera was found, including the Black newspapers, simply switched to identify him as Puerto Rican. (Historian Lorrin Thomas argued that the New York Amsterdam News "failed to identify Rivera as Puerto Rican, referring to him instead as a 'young Negro boy,'" but did not provide a citation. The March 23 issue of that newspaper is missing the news sections, but the March 30 issue identified Rivera as a "16-year-old Puerto Rican youth.")
  
  Police found Rivera too late for his appearance to impact the disorder, although it may have contributed to the violence not continuing the next evening. However, the delays in locating him fed rumors that he was not in fact the boy grabbed in Kress’ store. Reflecting questions raised in hearings, the MCCH report noted that, “The final dramatic attempt on the part of police to placate the populace by having the unharmed Lino Rivera photographed with the Negro police lieutenant Samuel Battle only furnished the basis for the rumor that Rivera, who was on probation for having placed a slug in a subway turnstile, was being used as a substitute to deceive people.” After members of the MCCH met with Mayor La Guardia soon after their appointment, on March 22, the New York Herald Tribune and New York Sun both reported that “some” of them said that many in Harlem did not believe that Lino Rivera was the boy who had been caught in the Kress store. (Stories about the meeting in the New York Times, New York Post, Brooklyn Daily Eagle, and Daily Worker included no mention of those comments.) An Afro-American journalist reported the rumors before the first hearing of the MCCH: “At the present time Harlem is divided into those who has been presented by the police as the boy in the case, is not the boy who was beaten in the store. They declare that Lino is being paid off to be the scapegoat and a camouflage....The AFRO reporter has run scores of tips about the boy who actually stole the knife, or a bag of jelly-beans, as it was first given out. Everything so far has run up a blind alley. One clue to the real boy is that all during the riot he was referred to as a 12-year-old boy, but became a 16-year-old one with the finding of Lino Riviera." The New York Age hinted at those rumors when it described Rivera as “believed to have been the cause of the whole affair.” Writing in The New Masses, Louise Thompson reported that a man and woman who had been in the store said Rivera was older and taller than the boy they saw. Other publications did not raise the issue. However, as the Afro-American journalist predicted, questions about Rivera were raised in a hearing of the MCCH. In the first hearing, Police Lieutenant Battle was asked, "Is there any evidence that would indicate that Rivera is not the boy? There has been such rumor." He simply answered, "No." L. F. Cole, a thirty-year-old Black clerk who had been in the Kress store, also testified that he had "no doubt" that Rivera was the boy he had seen taken away by police. The question was raised again at the third hearing on April 20. Mention that he had been on parole after being caught putting slugs in a subway turnstile prompted an interjection from "Mrs. Burrows": "My impression is that this boy is not the boy. We have testimony here that he got into trouble before March 19th, 1935. They had a boy under supervision. This is not the boy. They got a boy through these people and this is the boy they presented." Hays, chairing the hearing, pushed the ILD lawyers for evidence that another boy was beaten in the store. They had found none nor could they establish that Rivera had received lenient treatment. A month later, Jackson Smith, the store manager, confirmed in the subcommittee's final hearing that Rivera was the boy he saw from the office, with Donohue and again outside the grand jury room after the disorder. After listening to several questions trying to undermine the certainty of that identification, Hays announced "there is no question about it." Given the lack of evidence to the contrary, there is no reason to think Rivera was not person grabbed in the store. The shoppers who saw him in the store could have assumed he was younger, given his height. Similarly, seeing that he was dark-skinned, they could have assumed he was a Black rather than Puerto Rican.