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[Photograph] "Where the trouble started...," Daily News, March 21, 1935, 30-31.
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2021-11-24T18:22:42+00:00
Kress 5, 10 & 25c store front windows broken
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2022-08-04T20:24:41+00:00
Around 6.15 PM, a step was set up on the sidewalk in front of the Kress 5, 10 & 25c store. A Black man climbed up, spoke briefly to the crowd of about 100 gathered there, and then had Daniel Miller, a twenty-four-year-old white man take his place on the step. As Miller began to speak, someone threw an object through one of the store windows. A second object quickly followed, smashing another window, according to the New York Times and New York Sun. Different objects are identified as having smashed the store window. A bottle was the most common, identified in the New York Times and Home News, and more precisely as a milk bottle in the New York Sun and a whiskey bottle in the Brooklyn Daily Eagle, and by a police inspector quoted in the Afro-American. The Daily News identified the object as a brick, as did the New York Sun in the case of the second object, while Louise Thompson described it as a stone. The MCCH report opted to simply say "a missile" hit the window. These are all everyday objects, likely to hand on 125th Street, other than the whiskey bottle. A whiskey bottle fitted with portrayals of those who attacked white businesses as hoodlums and played to racist stereotypes about African Americans, as was evident in the appearance of this detail in a list of brief items headlined "Highlights on the Harlem Front." Picketing of white-owned businesses on 125th Street by Black organizations in 1934 had not resulted in any broken windows; concern about what had become of the boy arrested at Kress' may have caused this crowd to react differently. There may also have been members of groups affiliated with the Communist Party in the crowd; when those groups picketed the Empire Cafeteria in 1934, they did break windows.
After the windows was broken, police officers moved in to arrest Miller and push people away from the store, most of who ran across 125th Street to the opposite sidewalk. No one was arrested for breaking the window. Harry Gordon was arrested soon after trying to speak to the crowd on 125th Street east of Kress' store. A few minutes later, around 6.45 PM, three men began picketing in front of Kress' store. They too were soon arrested by police. Three to five police radio cars, an emergency [riot] truck, and six mounted policemen struggled to keep people from the store. No further objects appear to have been thrown at Kress' store front windows at this time. Soon after West 125th Street was cleared, around 7 P.M., people pushed on to 8th Avenue saw a hearse stop behind the store on West 124th Street, triggering rumors it had come to pick up the body of the boy who had been arrested, and a rush to the rear of the store that saw windows there broken.
Sustained and extensive attacks on stores on 125th Street came sometime after those rear windows were broken. Another brick hit Kress' front windows around 10:40 PM, allegedly thrown by William Ford, who then called for others on the street to attack police. Louise Thompson described a group breaking though the police cordon around 125th Street to break all but a few windows in the store, in the context of an exaggerated claim about the extent of smashed windows, and Kress' store does appear on the list of businesses with broken windows compiled by a La Prensa reporter who walked down 125th Street. But a reporter for the Afro-American wrote that the store "suffered very little loss on the front." The store manager, Jackson Smith, confirmed that later in a public hearing of the MCCH. Of the eighteen windows facing 125th Street and in the vestibule, only four were damaged. Repairs to the front of the store next day appear to have focused on only two sections of the store window, on the right side of the left entrance, in a photograph published in the New York American, and on the left side of the right entrance, where a ladder can be seen in Universal newsreel footage. Those repairs cannot have taken long. A photograph of Kress' store published in the Daily News on March 21 showed intact store windows, guarded by two police officers. A sustained police presence during the disorder appears to have protected the front of the store. That was the opinion of Channing Tobias, the fifty-three-year-old Black secretary of the Colored Division of the National Council of the YMCA, who told E. Franklin Frazier that "I guess it was because police were on guard" that Kress' store "got only a small window smashed." Police established a cordon in front of the store after it closed. Officers were still there around 10 PM, when Detective Henry Roge was hit by a rock while standing in front of the store, and after a window was broken at 10:40 PM there were officers able to arrest William Ford. Later in the evening the police cordon extended to cover 125th Street from 8th Avenue to Lenox Avenue, with Kress' store remaining at its center, and as the base for police responding to the disorder.
A window being smashed as a speaker began to address a crowd in front of Kress' store featured in narratives in the New York Times, New York Sun, and Home News. Only the New York Times and New York Sun mentioned the second object and smashed window. A broken window, without reference to a speaker, is reported by the Daily News, Brooklyn Daily Eagle, New York Age, and Pittsburgh Courier. No mention of a window in Kress' store being smashed at the beginning of the disorder appears in the narratives published in the New York Herald Tribune, New York Evening Journal, New York American, Daily Mirror and New York Post, and the Afro-American reported only the damage visible the next day. In the MCCH public hearings, Inspector Di Martini, Patrolman Moran, Jackson Smith, the store manager, and Louise Thompson (who also mentioned it in her account published in New Masses) all discussed how the window was broken. In the MCCH's final report, the arrests of Miller and Gordon police made in the aftermath of the window being broken are included as examples of "actions on the part of the police [that] only tended to arouse resentment in the crowd."
The Kress 5, 10 & 25c store appears in the MCCH business survey taken in the second half of 1935 and was still visible in the Tax Department photograph from 1939-1941.
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2021-03-31T23:51:12+00:00
Picketing in front of Kress' store
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2022-08-01T19:18:52+00:00
Around 6.45 PM, three men arrived at the sidewalk of West 125th Street in front of Kress’ store carrying placards and began walking back and forth, picketing the store. The photograph from the Daily News of the front of the store taken on March 21 below shows the area the men would have walked, and the wide sidewalk which would have allowed other people to still move past the store or gather in front of it.
About thirty minutes earlier a window in the store had been broken as Daniel Miller had tried to speak from a ladder on the same stretch of sidewalk, after which he been arrested by Patrolman Timothy Shannon. The three men who walked the picket line were nineteen-year-old Sam Jameson and nineteen-year-old Murray Samuels, both unemployed white men, and Claudio Viabolo, a thirty-nine-year-old Black man. "We were picketing in front of the store. I heard that a child had been killed inside. I thought it ought to be called to the attention of the public, about the child being killed," an unnamed Black man, presumably Viabolo, explained when questioned the next day during a police line-up of those arrested reported in the New York Sun. However the signs the men carried referred to a beating not a killing, reading “Kress Brutally Beats and Seriously Injures Negro Child and Negro Women. Negro and White Don’t Buy Here” and “Kress Brutally Beats Negro Child."
Jackson Smith, the manager of Kress’s store, summoned to the front door earlier when James Parton had set up the stepladder that Miller climbed to speak, told a public hearing of the MCCH that he was still there when the three men began to picket. Louise Thompson testified in an earlier public hearing that she encountered the pickets on her return to the front of the store after being pushed east by police after the arrest of Miller, and witnessing the arrest of Harry Gordon about 300 feet from the store. Patrolman Timothy Moran, who had been stationed across West 125th Street from the store when the window was broken and Miller arrested, told a public hearing that “three other men with placards draped over their shoulders” arrived a few minutes after those events, and began walking up and down in front of the store.
The police officers stationed at the store had been instructed to “keep the crowd moving in from of the store, Moran testified. They were likely standing in a similar location to those in the above photograph of Kress' store on March 21. An officer “told or asked [the men] to stop marching in front of Kress’” and when they did not leave “after about five minutes," police arrested them for unlawful assembly. Sgt Bauer testified he was involved in the arrest, as again was Patrolman Shannon, who had arrested Miller and was recorded as the arresting officer. “The police took the placards and pushed the people carrying them into the vestibule,” Jackson Smith told a public hearing. By 7:00 PM, crowds around Kress’s store had been pushed to 8th and 7th avenues.
A second version of the placard that read “Kress Brutally Beats Negro Child,” photographed for the Daily News in an image available at Getty Images, had “Young Liberators” added at the bottom. That organization, which had ties to the Communist party, had led a successful boycott campaign in 1934 to force the Empire Cafeteria to employ Black workers. The appeal not to shop at Kress’s store on one sign evoked that campaign and the more extensive boycott campaign undertaken by a coalition of Black organizations that had made pickets in front of stores on West 125th Street a familiar sight in 1934. More broadly, the Young Liberators were “a group of young people who are struggling for Negro rights,” Joe Taylor, the organization's president, told a public hearing of the MCCH, with about 140 black and white members. A Black man came to their nearby office, at 262 Lenox Ave near 126th Street, about 5 PM, and said “Did you know that a Negro boy had been beaten nearly to death in the Kress store?” [30] Taylor did not, and went to investigate, arriving after Kress’ store was closed. He then went to the police station on West 123rd Street before returning to West 124th Street. Later Taylor went to an address he heard was the home of Lino Rivera, but could find out nothing. Back at the office, other members of the Young Liberators produced a leaflet that was distributed on West 125th starting around 7.30 PM. Headed “Child Brutally Beaten. Woman Attacked By Boss and Cops = Child near Death,” the final line urged people to “Join the Picket Line.” That reference to a picket line provided further evidence that the men arrested for picketing came from the Young Liberators. The first public hearing of the MCCH devoted time to establishing who had produced that leaflet and when it was distributed. Since the leaflets did not appear on the streets before 7.30 PM, the MCCH Final Report concluded that the actions of the Young Liberators “were not responsible for the disorders and attacks on property which were already in full swing.” [5]
The place of the picketing in the sequence of events outside Kress’ was described most clearly in testimony given in the public hearings of the MCCH. However, those details did not become well known as neither the MCCH Subcommittee nor final reports mentioned the picketing. Those narratives included only the two men arrested for trying to speak in front of the store, Miller and Gordon, who were not named. Newspaper stories truncated and confused the events established in the public hearings, as police told reporters that Jameson, Samuels and Viabolo had arrived and acted together with Miller and Gordon to cause the disorder.
The most common version of that narrative had the group picketing the store before Daniel Miller attempted to speak. The New York Times, NYS, NYEJ, Am and DW all published stories with that chronology, with different descriptions of who was involved. The New York Times reported "Two white and two Negro pickets paraded back and forth in front of the store, bearing placards of the Young Liberators League with the inscription: “Kress Brutality Beats Negro Child” and “Kress Brutality Beats and Seriously Injures Negro Child.” The NYS used similar phrasing: “a group of agitators, two white and two Negroes, arrived in front of the establishment and took up picket posts carrying placards of the Young Liberators League, which shouted in type that "Kress brutally beats and seriously injures Negro child."” The Hearst newspapers, the NYEJ and New York American, identified Samuels, Jameson and Harry Gordon as picketing, and omitted Diabolo or any mention of Black men among those carrying placards. The DW more vaguely referred to an unspecified number of Young Liberators forming a picket line. The NYA [3/23] substituted Gordon for Miller but otherwise followed the same narrative in which “several Communist leaders gathered and began a picket movement before the store,” before Gordon was arrested for “addressing a group” and Samuels and Viabolo arrested for “acting in concert with Gordon.” The arrests of Jameson, and Miller, were reported separately without any details of the circumstances.
The consistent reporting of what was written on the placards likely resulted from police displaying them to reporters as well as photographers, with images published in the New York Evening Journal (and taken by the Daily News). The Daily Mirror did describe a placard that read, "Avenge the death of this little colored boy!" Given that the photographed placards, and the leaflet distributed by the Young Liberators soon after the picket, refer to a beaten boy, that placard is likely an invention that fitted the sensationalized tone of the tabloid's reporting. However, stories in the HN and NYA (3/30) about the men’s appearance in the Harlem Magistrates Court the next day, had them distributing placards not picketing, placards which read "Kress store is resorting to lynching.” Jackson Smith, the manager of Kress’ store, told a public hearing of the MCCH [8] that he saw a placard that read “Kess brutally beats Negro child.” Patrolman Moran’s testimony was less certain: “As I can recall, they referred to a child being beaten in Kress in earlier part of the afternoon.”[62].
Several of the narratives that mistakenly had the three Young Liberators picketing before Miller spoke also included inaccurate accounts of the circumstances of the men’s arrests. The New York American and the NYEJ had Jameson and Samuels, together with Gordon, going to Miller’s aid when Patrolman Shannon arrested him. Viabolo was missing from the NYEJ story and appeared in the Am’s narrative as a bystander who also obstructed Miller's arrest. The NYT simply reported that the arrest of Jameson, Samuels and Viabolo came “later,” after Miller spoke. The DW did not report specific arrests, but rather that “police broke up the picket line, arresting the leaders.”
Mentions of the picketing were vaguer and more fragmentary in the AA, HT, DN and NYP. The AA reporter who arrived in front of Kress store around 7.14 PM noted that before he “got on the spot, the screaming of the girl and the flying rumors had brought forth four youngsters, three white, with sandwich signs telling of '‘Boy Brutally Beaten.”” “[F]rom somewhere pickets had appeared," the NYHT reported, "bearing placards reading: "Kress Brutality Beats Negro Child.” Neither story mentioned the arrest of those picketing, although the HT story later noted that “Police Seized members of the mob who appeared to be its leaders as they drove it back.” Neither of the other two stories described picketing. The DN came closest, reporting “the Young Liberators marched through various streets with red and black smeared placards on which in tremendous letters was the legend: "CHILD BRUTALLY BEATEN: WOMAN ATTACKED BY BOSS AND COPS: CHILD NEAR DEATH." The NYP, while naming the three men among those arrested, described them only as speaking to the crowd.
Unlike those initial stories, newspaper stories about proceedings in the Harlem Magistrates Court on March 20 consistently grouped Viabolo with the four white men arrested in front of Kress’ store. Police presented the five men as a group first in a line-up before they were taken to court, the New York Herald Tribune reported, and then at the courthouse. In stories on the court appearances, the Am, HN, NYHT, and NYT all described the men as the "ringleaders" of the disorder, which was likely the term police used. When Jameson, Samuels and Diabolo were arraigned with Miller in the Harlem Magistrates Court on March 20, the charge recorded in the docket book for all of them was riot. Assistant District Attorney Carey requested each man be held for a hearing on March 23, on the maximum bail of $2500. When the four men returned to court, the charges against them were dismissed as the grand jury had already sent them for trial. While the Magistrates Court docket book recorded the deposition of each of the men's cases as "Dism[issed], def[endant] indicted," the grand jury had actually voted informations against them not indictments, sending them for trial on misdemeanor charges in the Court of Special Sessions not felony charges in the Court of General Sessions. The men's trial did not take place until June 20. After hearing evidence that that a crowd had collected in front of Kress' prior to the men arriving, the men's ILD lawyers moved to have the charges dismissed, the New York Amsterdam News and Daily Worker reported. The judges granted that motion, and freed the four men.
Claudio Viabolo’s name was spelled in a variety of ways in these sources. Viabolo is used here as it was recorded in the Harlem Magistrates Court docket book, and in stories about his appearances in the Harlem Magistrates Court published in the 1935_03_30_AA_12; 1935_03_21_NYDN_3; 1935_03_25_NYP_3; 1935_03_21_NYHT_2; 1935_03_21_American_2; 1935_03_21_HN; 1935_03_25_NYS_2; 1935_03_21_NYT_1; 1935_03_21_American; 1935_03_30_NYA_1; 1935_03_22_NYP_1. The name was spelled Diabolo in the list of those arrested in the disorder published in the AA, AW and NJG, and stories in 1935_03_20_WT; 1935_03_20_NYJ_1. In the edition the NYA rushed to print on March 23, the name was Bilo. In the DW on March 21, the name was Viano. Sam Jameson's name was also misspelled, but was not corrected over time as Viabolo's name was. Jameson is used here as it was recorded in the Harlem Magistrates Court docket book, and in stories published in 1935_03_20_NYJ_1; 1935_03_20_NYT_1; 1935_03_20_NYP_1; 1935_03_20_NYHT_1; and stores about court appearances published in the 1935_03_21_HN; and 1935_03_25_NYS_2. The name was spelled Jamieson in the 1935_03_20_NYDN_6; 1935_03_21_NYDN_3; 1935_03_27_AW_1; 1935_03_30_NJ&G_18; 1935_03_20_American_1;.
Historians’ descriptions of the protests outside Kress’ store follow the narrative provided by police, treating all those arrested as part of a single group. That framing implicitly introduces the idea that the disorder was orchestrated by those men, while offering no details of how the crowds of women and men around them acted to weigh against that evidence. Weight is added to that implication by the failure to fully identify the men involved in the protests. While Cheryl Greenberg and Lorrin Thomas do not identify the men, Mark Naison, Thomas Kessner, Marilynn Johnson and Nicole Watson describe them as members of the Young Liberators. None of those historians mention that four of the five, and both the speakers arrested, were white men. Naison did describe the Young Liberators as an interracial group; so too did Nicole Watson, however she did not identify the men in front of the store as members of the Young Liberators. Neglecting their race makes those men appear more representative of the crowd than they were, particularly in Greenberg and Watson’s narratives, which do not identify they as Young Liberators. Naison, Kessner, Greenberg, Thomas, Johnson and Watson all follow the chronology that has the picketing begin before the speakers were arrested. Grouping the men places an organized Communist protest at the center of the outbreak of disorder, and makes the window being broken and the men’s arrest a response to the feeling they built in the crowd. Recognizing that the protests occurred in a less coordinated way highlights that police responded immediately to any sign of protest, not just to a window being broken. They may also have acted so quickly because they recognized the men as Communists; the men’s language and appeals would have given them away. Communist protest in Harlem, and across the city, drew violent responses from police throughout the early 1930s. Recognition of the fragmented nature of the protests and the identity of those involved directs attention away from those events to the crowds of Black men and women around them. Crowd members gathered in groups, talked among themselves, sought answers from police about what had happened to the boy, and responded to police efforts to clear the street. Rather than organized or orchestrated by the Young Liberators, those behaviors appear more spontaneous, in line with the interpretation offered in the MCCH’s final report.
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2021-12-08T22:06:03+00:00
Kress 5, 10 & 25c store front windows broken (10:40 PM)
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2022-03-10T16:49:32+00:00
At 10:40 PM, a large display window in Kress' store at 256 West 125th Street broke after being hit by a brick. Patrolman Walter MacKenzie told the Harlem Magistrates Court that he saw William Ford, a seventeen-year-old Black laborer throw the brick, and them allegedly shout, "in a loud tone of voice "Shed white blood, kill the cops, there has been enough black blood shed now." A "very large and threatening crowd" gathered in response to Ford's shouts. By that time the large crowds on 125th Street had been cleared from the street and had broken into smaller groups, many of which scattered north and south up the avenues, but some groups remained. Ten minutes before windows were broken in Kress' store, Claude Jones allegedly threw a rock that broke a window at Blumstein's department store several buildings to to the east, and then called on the people on the street to attack police, drawing a large crowd. Around the same time, a white man named Thomas Wijstem was hit by a rock in front of the W. T. Grant store immediately east of Blumsteins, allegedly while being attacked by a group of Black men. Those incidents are likely what Louise Thompson was referring to when she told a public hearing of the MCCH that, "At a certain time the crowd broke through to the Kress store and broke more windows. The police tried to drive them back. They didn’t want to be driven back. They felt they wanted to be there. There was one young fellow yelling and screaming at the top of his voice.”
One or two display windows at the front of Kress' store had been broken earlier, at the beginning of the disorder, as well as more windows at the rear of the store not long after. However, a reporter for the Afro-American wrote that the store "suffered very little loss on the front." Repairs to the front of the store next day appear to have focused on only two sections of the store window, on the right side of the left entrance, in a photograph published in the New York American, and on the left side of the right entrance, where a ladder can be seen in Universal newsreel footage. Those repairs cannot have taken long. A photograph of Kress' store published in the Daily News on March 21 showed intact store windows, guarded by two police officers. A sustained police presence during the disorder appears to have protected the front of the store. Police established a cordon in front of Kress' store from the time it closed; officers were still there around 10 PM, when Detective Henry Roge was hit by a rock while standing in front of the store, and after the windows was broken at 10:40 PM, there were officers able to arrest William Ford. Later in the evening the police cordon extended to cover 125th Street from 8th Avenue to Lenox Avenue, with Kress' store remaining at its center, and as the base for police responding to the disorder. It was also the case that Ford was not alleged to have been trying to incite others to break more windows, as most of the other men arrested for inciting crowds allegedly did, but to attack police.
There is no mention of this specific incident in any newspapers reporting on the disorder. William Ford did appear in lists of those arrested in the disorder, but the charge made against him is different in each list: in the list published in the Atlanta World, Afro-American, and Norfolk Journal and Guide he appeared among those charged with inciting a riot; in the list published in the New York Evening Journal the charge is disorderly conduct; and in a list published in the Daily News, Ford is charged with assault. On March 20, when he appeared in the Harlem Magistrates Court, the docket book records the charge as inciting a riot, although the arresting officer's affidavit describes Ford breaking a window and calling on the crowd to attack police. Eventually sent to the grand jury, Ford was transferred to the Court of Special Sessions to be tried for both the misdemeanor forms of inciting a riot, and malicious mischief, an offense involving damage to property used in the prosecution of those who allegedly broke windows during the disorder. There is no information on the outcome of that trial; Ford does not appear in the transcript of the 28th Police Precinct blotter that provides outcomes for most of those prosecuted in the Harlem Magistrates Court.
The Kress 5, 10 & 25c store appears in the MCCH business survey taken in the second half of 1935 and was still visible in the Tax Department photograph from 1939-1941.