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"Police End Harlem Riot," New York Times, March 21, 1935, 1.
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Sam Jameson, Murray Samuels, and Claudio Viabolo arrested
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Shortly after 6:45 PM, Patrolman Timothy Shannon and other officers arrested two nineteen-year-old white men, Sam Jameson and Murray Samuels, and Claudio Viabolo, a thirty-nine-year-old Black man, who were picketing in front of Kress’ store at 256 West 125th Street. The three men had arrived a few minutes earlier, likely from 262 Lenox Avenue, the offices of the organization to which they belonged, the Young Liberators. The placards they carried read “Kress Brutally Beats and Seriously Injures Negro Child and Negro Women. Negro and White Don’t Buy Here” and “Kress Brutally Beats Negro Child.” An officer “told or asked [the men] to stop marching in front of Kress'," Patrolman Moran told a public hearing of the MCCH and when they did not leave “after about five minutes," police arrested them for unlawful assembly. Jackson Smith, the store manager, watched the arrest from inside the store. “The police took the placards and pushed the people carrying them into the vestibule,” he told a later public hearing. Around thirty minutes earlier, Patrolman Shannon had arrested another man in front of the store, twenty-year-old white man, Daniel Miller, pulling him down from a stepladder when he tried to speak to a crowd. A few minutes later, around 6:30 PM, other officers, including Patrolman Irwin Young, arrested a second white man, Harry Gordon, when tried to speak to the crowd by climbing a lamppost on 125th Street east of Kress’ store.
The testimony of Moran and Smith in the public hearings provided the only details of the arrests of Jameson, Samuels, and Viabolo. The men themselves did not testify. Patrolman Shannon did testify, but was not asked about any of the arrests he made. Newspaper stories on the arrests grouped the men with Miller, and in some cases, Gordon, reflecting information from police that they had acted together to create the disorder. Two Hearst newspapers, the New York American and New York Evening Journal, published stories that described the arrest, but they included details that testimony in the public hearings indicate did not happen: Jameson and Samuels arrived with Miller and Gordon, not after them, in the newspaper narrative, picketed before Miller spoke, and with Harry Gordon came to Miller’s aid when he was arrested, battling Shannon and two other patrolmen before also being arrested. Viabolo was not on the picket line in those stories, but in the New York American was a member of the crowd who joined in efforts to prevent Miller’s arrest. Although the newspapers said their information came from police, the elements that did not happen seem to be a product of the anti-Communist stance and sensational style of the Hearst newspapers. The New York Times and, somewhat surprisingly, the Daily Worker, also published narratives in which the men picketed before Miller spoke, but without details of their arrest. The New York Times simply reported that the arrest of Jameson, Samuels, and Viabolo, and Miller, came “later,” after Miller spoke. The Daily Worker did not report specific arrests, but rather that “police broke up the picket line, arresting the leaders.”
Jameson, Samuels, and Viabolo all appeared in the lists of those arrested during the disorder published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, the New York Evening Journal, the Daily News, the New York American, and the New York Herald Tribune, among those charged with inciting a riot. However, the white men, Jameson and Samuels, as well as Miller and Gordon, are not in the transcription of the 28th Precinct police blotter in the MCCH records. Viabolo did appear, with Margaret Mitchell, the Black woman arrested inside Kress' store. That discrepancy suggests that the white men were omitted from the transcription, perhaps overlooked because they were somehow less readily identified as participants in the disorder among others arrested for unrelated activities at that time. It may be that the charges against those men were not recorded as riot. The charge against Viabolo in the blotter is disorderly conduct, with the note that he was “Disorderly in Kress’ 5 & 10c store,” the same description recorded for Margaret Mitchell.
In a line-up on the morning of March 20 that included ninety-six of those arrested disorder, police put Jameson, Samuels and Viabolo in a group with Miller and Gordon, a New York Herald Tribune story noted. Police described the men as all "arrested at a demonstration in front of the Kress store." That grouping was not mentioned in the two other newspaper stories about the line-up, in the Daily Mirror and New York Sun. An unnamed Black man, presumably Viabolo, was quoted in the New York Sun “giving his version of the start of the trouble:” "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.” The man then told the officer questioning him that he “and his companions took turns on a soap box “informing the public.”” That last detail was not part of any other description of the picketing. The two other newspaper stories on the line-up did not include Viabolo’s comments, but focused, as the New York Sun did, on Harry Gordon’s exchange with police, in which he refused to answer questions until he saw his lawyer.
The Daily News, New York American, and New York Evening Journal published photographs taken a few seconds apart that are captioned as showing the four white men arrested outside Kress’ store in the West 123rd Street police station on their way to the Harlem Magistrates Court on March 20. Surrounded on three sides by both uniformed police and detectives in plainclothes, three white men are visible, with another white man party visible behind them, all but the first, identified as Harry Gordon, looking at the ground. On the right of the image is a Black man, almost certainly Viabolo, as police had grouped him with these men in the line-up earlier that day, and would again in the courthouse. He is unmentioned in the captions, and, perhaps as a result, cropped out of versions of the photograph published by several regional newspapers. Reflecting its anti-communist focus, the New York Evening Journal placed the photograph on page one, across the whole width of the page, with a caption labeling the men “young college-bred Communists.” The next page featured photographs of two placards used in the picket, and the leaflets circulated by both the Young Liberators and the Communist Party. The Daily News photograph, taken at almost the same moment, appeared in the center of a two page spread of photographs of the disorder in the center of the newspaper. The caption did not identify the men as Communists but as inciting the riot, focusing on drawing a contrast between their uninjured appearances and the damage done during the disorder. (Gordon later testified he had been beaten and had injuries to his face; he may be the man whose face was not visible in that photograph, notwithstanding the caption.)
Police continued to group Jameson, Samuels, and Viabolo with Miller and Gordon when they appeared in Harlem Magistrates Court. In stories on the court appearances, the New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used. However, while the Daily News, New York Herald Tribune, New York World-Telegram, and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being arraigned separately from the three Young Liberators and Miller. That separation would have resulted from the different arresting officer listed in the Harlem Magistrates Court docket book for Gordon, Patrolman Irwin Young, not Patrolman Shannon, the arresting officer recorded for the four other men. The charge recorded for Gordon was also different, assaulting Young, not inciting riot. The Daily News claimed Gordon "was heard separately when he indicated that he would produce his own lawyers."
When the court clerk called the names of Jameson, Samuels, Viabolo, and Miller, two lawyers from the International Labor Defense Fund rose to represent them. The appearance of those attorneys was reported by the New York American, Daily Mirror, Home News, Daily News, New York Herald Tribune, New York Times, New York World-Telegram, and Daily Worker, but for some reason they were not recorded in the column for the name and address of a defendant's lawyer in the Harlem Magistrates Court docket book. The ILD's affiliation with the Communist Party would have been well known to readers of those newspapers, but the Daily Mirror explicitly made the connection in its story, stating that the men's "Communistic affiliations were declared" by the identity of their attorneys. The Daily Mirror and Daily Worker named the lawyers as Miss Yetta M. Aronsky and I[sidore] Englander, while the Daily News named only Aronsky, and the New York American, New York Herald Tribune, and New York Times reported only "a woman lawyer" who would not give her name to their reporters. (Englander later testified about being present in the court in a public hearing of the MCCH.)
Assistant District Attorney Richard E. Carey, the Black attorney Magistrate Renaud had requested prosecute those arrested in the disorder, according to the Daily News, asked that the men be held for a hearing on Friday on the maximum bail of $2,500. The men's lawyers protested that sum. Others arrested during the disorder charged with felonies had their bail set at $1,000, including Harry Gordon. Magistrate Renaud dismissed those protests, and complaints by Aronsky, reported by the Daily News and Daily Worker, that the men "had not been fed by police following their arrest."
When Jameson, Samuels, and Viabolo returned to the Harlem Magistrates Court with Miller, Magistrate Ford dismissed the charges against the group because their cases had already been decided by Dodge's grand jury. The Magistrates Court docket book recorded the deposition of the men's cases as "Dism[issed], def[endant] indicted." Stories in the Home News, Daily Mirror, and New York Amsterdam News also reported that they had been indicted by the grand jury. However, while the grand jury did send the men for trial, it was for a misdemeanor, not a felony, so an information, not an indictment, and to the Court of Special Sessions, not the Court of General Sessions. Other newspaper stories included elements of that distinction. The New York American reported that after being discharged, the men were "turned over to detectives with bench warrants based on the grand jury informations voted last week charging inciting to riot." The New York Herald Tribune also reported "two informations charging five persons with inciting riot" without naming them; so too did the Daily News, which alone specified that an information charged a misdemeanor and that the men were sent for trial in the Court of Special Sessions. The grand jury also sent all the other individuals charged with inciting a riot that appeared before it to the Court of Special Sessions to face trial for misdemeanors. If the men were being prosecuted for the form of the crime defined as a misdemeanor, unlawful assembly, their crime was being treated as involving disturbing the peace, not efforts to prevent the enforcement of the law or incite force or violence.
As other prosecutions resulting from the riot made their way through the courts there were no reports mentioning Jamison, Samuels, and Viabolo, or Miller. Finally, on June 20, the four men appeared in the Court of Special Sessions. The New York Amsterdam News reported an additional defendant, a "young sympathizer," Dave Mencher, not mentioned in any other sources, or in the Daily Worker story, the only other report of this trial located. Only one prosecution witness testified before the court's three judges, Sergeant Bauer of the West 123rd Street station (likely the sergeant who testified at the public hearings that he was involved in the arrest, although his name was recorded as Bowe in the transcript). It is not clear why Patrolman Timothy Shannon, the arresting officer, did not appear as a witness. International Labor Defense lawyers again represented the men, but not the same attorneys as the day after the disorder. Instead, Joseph Tauber and Edward Kuntz, who played prominent roles in the MCCH public hearings, represented the men. After cross-examining Bauer to establish that a crowd had collected in front of Kress' prior to the men arriving, they moved to have the charges dismissed. The judges agreed, and freed Jameson, Samuels, and Viabolo, as well as Miller.
Claudio Viabolo lived in Harlem, at 202 West 132nd Street; the two white men did not. Sam Jameson lived at 967 East 178th Street in Washington Heights, north of the Black neighborhood, although when a reporter from the New York Evening Journal went to the address, the tenants denied knowing him. Murray Samuels lived at 8621 Twentieth Avenue, Brooklyn. However, he was not a student at City College, as the New York Evening Journal reported on March 21. A week later the New York Evening Journal acknowledged that the Murray Samuels a reporter had identified as attending evening classes was not the man arrested during the disorder, in a story headlined, "Far From Red, and Riot! Says C. C. N. Y. Man."
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 Afro-American, Daily News, New York Post, New York Herald Tribune, Home News, New York Sun, New York Times, New York American, and New York Age. The name was spelled Diabolo in the list of those arrested in the disorder published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and stories in New York World-Telegram and New York Evening Journal. In the edition the New York Age rushed to print on March 23, the name was Bilo. In the Daily Worker 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 New York Evening Journal, New York Times, New York Post, New York Herald Tribune, and stories about court appearances published in the Home News and New York Sun. The name was spelled Jamieson in the Daily News, Atlanta World, Norfolk Journal and Guide, and New York American.
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Black-owned business signs (6)
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Six businesses were identified as having signs in their windows identifying them as Black owned. Stories in both white and Black newspapers presented such signs as a more widespread part of the disorder and as a key reason why Black-owned businesses were generally spared from damage and not looted. On placards and directly on windows with whitewash or soap were written “Colored,” "Black," and “This Store Owned by Colored,” the Afro-American reported. Three of the identified businesses fitted those generalizations, with a reporter for La Prensa describing signs that read "Colored" on a billiard hall and the Castle Inn on Lenox Avenue, and a sign reading "This is a Store Owned By Colored" in the Monterey Luncheonette reported by the Afro-American. Three other stores reportedly used a variation on those signs. Seven signs identifying a store named “Winnette’s Dresses” as a “Colored Store” are visible in both a photograph of an arrest taken during the disorder published in the Daily News, and a photograph taken the morning after the disorder showing a group of Black boys in front of the store published in the Afro-American.
The sign on the Williams's drug store used the same phrase, "Colored Store" with the additional phrase "Nix Jack," repeating the combination twice on its side windows. There is no information on the meaning of the phrase "Nix Jack." Roi Ottley, writing in his column in the New York Amsterdam News about the looting during the disorder as targeted at white-owned businesses, ended with an echo of that phrase: "THIS IS A COLORED COLUMN, NIX JACK!" The Cozy Shoppe customized its sign to fit its name, rendering it as "Colored Shoppe." The Home News reporter departed from those descriptions, apparently confusing the nature of the signs displayed. Explaining how it was that "Most of the damage was done to shops which were known to be operated by white persons," the reporter claimed, "The colored persons who owned stores protected their shops against vandalism by picketing their establishments. They carried signs stating that the store was operated by colored people." No other sources mention pickets in front of Black-owned stores. There was no mention of signs being displayed in store windows in the Daily Mirror, New York American, New York Sun, or in Harlem's Black newspapers, the New York Age and New York Amsterdam News, or in the Mayor's Commission (MCCH) Report.
Signs appeared in Black-owned businesses as a response to windows being broken in nearby stores, providing material evidence that those throwing objects at windows chose their targets rather than being an irrational "mob." In some stories, those attacks were indiscriminate until signs appeared; other stories leave open the possibility that the signs reflected store owners' sense of the targets of those throwing objects at windows. "The mob made no choice, at first, of victims," in the most elaborate story, in the New York Evening Journal. "And then one colored man who owned a small restaurant pasted a sign in the window. It bore one word: 'Colored.' The mob passed him by and when others saw how the 'miracle' was worked, signs flashed up in store windows throughout West Harlem. Those owned by Negroes, in most cases, were not broken into." The dismissive tone of the story was typical of that newspaper's treatment of Black subjects; attributing the posting of signs to an individual and the protection from damage that resulted to a "miracle" diminished the decisions those on the streets made about what stores to target that Black store-owners recognized. By contrast, the Black reporter for the Afro-American, emphasized “Stores owned by colored persons in the rioting area had to rush improvised signs reading ‘Colored, “Black,” “This Store Owned by Colored," but cast the signs as based on an understanding of the intentions of those attacking stores, created "in order to be spared in the rain of bricks, whiskey bottles, and other missiles."
Briefer mentions in other newspaper stories generally echoed that framing. Among Black newspapers, the Norfolk Journal and Guide went furthest in emphasizing that Black-owned businesses initially were damaged: "Some Negro establishments were among the 200 which lost their plate-glass windows and had the window contents looted. Finally, some Negro stores in the affected area...had to resort to self preserving signs such as 'Colored' 'Owned by Colored' and 'Black.'" The Philadelphia Tribune ambiguously alluded to earlier attacks, while also erroneously expanding the violence to homes, reporting "Risks to live became so grave Tuesday night that Negroes put up signs on their stores and homes to indicate 'colored' lived there." Signs are simply presented as a response in the Indianapolis Recorder, "As the swarms of rioters swooped down upon the business district breaking store windows and stealing merchandise signs saying 'Colored Store' went up." Among white newspapers, those brief mentions emphasized the lack of damage to businesses that put up signs, without reference to what had happened earlier. Two such mentions came in additional stories in the New York Evening Journal. "The mob wrath in most instances touched no windows whose proprietors had had opportunity to scribble 'colored' in white chalk on the glass," wrote Joseph Mickler. Robert D. Levit similarly noted, "They carefully left unmolested those store which displayed hastily constructed signs with the word 'Colored.'" The story in the New York Post included a similar description, that "Many Negro storekeepers scrawled on their windows, with soap, the word 'colored' and the heat of the mob was never sufficient to cause the Negroes to attack their own." While stories in the Daily News did not mention signs, they appeared in the background of a photograph of two police officers making an arrest, drawing a mention in the caption: "On the dress store window are signs proclaiming it to be a 'colored shop,' to protect it from the raiding marauders."
Two more stories, in the New York Times and New York World-Telegram, described signs in windows the next day rather than during the disorder. Those signs may have gone up after the disorder, as storeowners became aware of details of the previous night's violence, or the white reporters may not have seen those signs during the disorder. The latter seems more likely. The signs in Winnette’s Dresses photographed after the disorder had also been present and photographed during the disorder. Likewise, the sign on the Cozy Shoppe window filmed after the disorder was also reported during the disorder. In both the New York Times and New York World-Telegram stories, Black owners weren't the only ones to put up signs. "Negro proprietors had large white-washed signs on their windows announcing that 'This shop is run by COLORED people,'" the New York Times reported, adding, "Several white store owners took the cue and covered their windows with signs announcing that 'This store employs Negro workers.'" The previous year, the boycott campaign had tried to expand the number of stores with Black staff. Newspaper stories offered contradictory claims about whether such businesses were attacked during the disorder: the New York Post and Pittsburgh Courier reported they were spared, while the Afro-American and Norfolk Journal and Guide reported they were among those damaged.
A further set of store owners' responses were included in the New York World-Telegram: "On every Negro store in Harlem today there were signs bearing this legend, 'Colored Store.' One said:-'Do not break this window. This is colored.'" Also, "There are many Chinese restaurants in Harlem, and they have placed similar signs on their windows. Chain stores have filled their windows with empty pasteboard boxes. Others have nailed boards across their windows." The only other mentions of Chinese-owned businesses as targets of attacks were of a single Chinese laundry posting a sign reading "Me Colored Too," reported by the Associated Press, in the New York Herald Tribune and Daily News (two newspapers that otherwise did not mention signs in their stories on the disorder), and in Time Magazine. That sign captured the issue raised by attention to those businesses: how did those attacking white-owned businesses regard those from other ethnic groups? The New York World-Telegram story implied that Chinese-owned businesses, of which there were 209 (3.5%, 209 of 5791) dispersed throughout Black Harlem, were not attacked because those on the streets during the disorder agreed their owners were "colored too." Newspaper stories in the New York Herald Tribune, Daily News, and New York World-Telegram about the laundry contradicted that view, reporting that the businesss' windows were broken after the sign was displayed. However, there are no other reports of damaged or looted Chinese-owned stores. By contrast, La Prensa reported several Hispanic-owned businesses suffered damage and looting, but made no mention that such stores sought to identify themselves as a "colored store." The final response described by New York World-Telegram offered further recognition among storeowners of who the violence targeted. Rather than signs identifying why they should be spared from attack, white-owned stores barricaded their windows, seeking to prevent damage from objects that would be thrown at them. -
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Picketing in front of Kress' store
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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. A photograph published in the Daily News of the front of the store taken on March 21 shows the area the men would have walked, a 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’ 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 picketers 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’ 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’ 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?” 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.”
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, New York Sun, New York Evening Journal, New York American, and Daily Worker 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 New York Sun 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 New York Evening Journal and New York American, identified Samuels, Jameson, and Harry Gordon as picketing, and omitted Viabolo or any mention of Black men among those carrying placards. The Daily Worker more vaguely referred to an unspecified number of Young Liberators forming a picket line. The New York Age 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 fit the sensationalized tone of the tabloid's reporting. However, stories in the Home News and New York Age 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 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 the earlier part of the afternoon.”
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 New York Evening Journal had Jameson and Samuels, together with Gordon, going to Miller’s aid when Patrolman Shannon arrested him. Viabolo was missing from the New York Evening Journal story and appeared in the New York American’s narrative as a bystander who also obstructed Miller's arrest. The New York Times simply reported that the arrest of Jameson, Samuels, and Viabolo came “later,” after Miller spoke. The Daily Worker 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 Afro-American, New York Herald Tribune, Daily News, and New York Post. The Afro-American 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 New York Herald Tribune reported, "bearing placards reading: 'Kress Brutality Beats Negro Child.' Neither story mentioned the arrest of those picketing, although the New York Herald Tribune 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 Daily News 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 New York Post, 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, describing the men as the "ringleaders" of the disorder. When Jameson, Samuels, and Viabolo 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 $2,500. When the four men returned to court, the charges against them were dismissed as they had already been indicted as a result of District Attorney Dodge's investigation. While the Magistrates Court docket book recorded the deposition of each of the men's cases as "Dism[issed], def[endant] indicted," Dodge announced the day after their indictment that he was instead 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 Afro-American, Daily News, New York Post, New York Herald Tribune, Home News, New York Sun, New York Times, New York American, and New York Age. The name was spelled Diabolo in the list of those arrested in the disorder published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and stories in New York World-Telegram and New York Evening Journal. In the edition the New York Age rushed to print on March 23, the name was Bilo. In the Daily Worker 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 New York Evening Journal, New York Times, New York Post, New York Herald Tribune, and stories about court appearances published in the Home News and New York Sun. The name was spelled Jamieson in the Daily News, Atlanta World, Norfolk Journal and Guide, and New York American.
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 mentions 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 them 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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1
2022-02-04T19:41:26+00:00
Daniel Miller arrested
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2024-01-19T02:03:38+00:00
Daniel Miller stepped up on a ladder in front of Kress' store about 6:15 PM and began to speak to a crowd he estimated at 100-200 people. The twenty-four-year-old white man who identified himself as a member of the Nurses and Hospital League had said only "Fellow workers" when someone in the crowd threw an object at the windows of the store, breaking one. Patrolman Timothy Shannon of the 28th Precinct, one of about five officers stationed in front of Kress' store, immediately pulled Miller from the ladder and arrested him. Sergeant Bowe testified in a public hearing of the MCCH that he was a "witness" to that arrest. James Parton, the Black man who had carried the ladder, and an American flag banner, to the front of the store and spoke briefly before Miller, was not arrested. Nor was Parton arrested when he climbed a lamppost on the opposite side of 125th Street and spoke to the crowd. However, Harry Gordon, a white man who followed Parton in climbing up the lamppost to speak, was, like Miller, immediately arrested.
Miller's testimony in a public hearing of the MCCH provided the most detailed description of his arrest. Patrolman Shannon also testified in an earlier public hearing, but he was not questioned about the arrest. Louise Thompson testified that she saw Miller begin to speak and the window broken. She did not see his arrest. Patrolman Moran did. Officers stationed with him in front of the store moved to arrest Miller and disperse the crowd listening to him as soon as the window was broken, he told a hearing of the MCCH. Two Hearst newspapers, the New York American and New York Evening Journal, published stories that described the arrest, but they included details that other sources indicate did not happen: Shannon arresting Miller after he refused an order to move on, with no mention of the widely reported broken window; and two white Young Liberators and Harry Gordon coming to Miller’s aid when he was arrested, and battling Shannon and two other patrolmen before also being arrested. Although the newspapers said their information came from police, these elements that did not happen seem to be a product of the anti-Communist stance and sensational style of the Hearst newspapers.
The lists of those arrested during the disorder published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, the New York Evening Journal, the Daily News, the New York American, and the New York Herald Tribune all included Miller among those charged with inciting a riot. However, Miller, and the three other white men arrested in front of Kress' store, are not in the transcript of the 28th Precinct police blotter in the MCCH records. Margaret Mitchell, the Black woman arrested inside Kress' store before Miller's arrest, and Claudio Viabolo, the Black Young Liberator arrested with two white companions soon after Miller, do appear in the transcription. That discrepancy suggests that the white men were omitted from the transcription, perhaps overlooked because they were somehow less readily identified as participants in the disorder among others arrested for unrelated activities at that time.
Miller was among around eighty-nine men and women arrested put in a line-up and questioned by detectives in front of reporters at Police Headquarters downtown on the morning of March 20, before being loaded into patrol wagons and taken back uptown to the Harlem and Washington Heights Magistrates Courts. Police put him on the platform in a group with Gordon and the three Young Liberators, Samuels, Jamison and Viabolo, a New York Herald Tribune story noted; it reported that police described them as all "arrested at a demonstration in front of the Kress store." That grouping was not mentioned in the two other newspaper stories about the line-up, with the Daily Mirror and New York Sun, as well as the New York Herald Tribune focusing on Harry Gordon refusing to answer questions until he saw his lawyer.
The Daily News and New York Evening Journal published photographs taken a few seconds apart that are captioned as showing the four white men arrested outside Kress’ store in the West 123rd Street police station on their way to the Harlem Magistrates Court on March 20. Surrounded on three sides by both uniformed police and detectives in plainclothes, three white men are visible, with another white man party visible behind them, all but the first, identified in the caption as Harry Gordon, looking at the ground. Miller was the man on the right of the group, according to the captions. To his right is a Black man, almost certainly Viabolo, as police had grouped him with these men in the line-up earlier that day, and would again in the courthouse. He was not identified in the captions, and, perhaps as a result, cropped out of versions of the photograph published by several regional newspapers. Reflecting its anti-Communist focus, the New York Evening Journal placed the photograph on page one, across the whole width of the page, with a caption labeling the men “young college-bred Communists.” The next page featured photographs of two placards used in the picket, and the leaflets circulated by both the Young Liberators and the Communist Party. The Daily News photograph, taken at almost the same moment, appeared in the center of a two-page spread of photographs of the disorder in the center of the newspaper. The caption did not identify the men as Communists but as inciting the riot, focusing on drawing a contrast between their uninjured appearances and the damage done during the disorder. (Gordon later testified he had been beaten and had injuries to his face; he may be the man whose face was not visible in that photograph notwithstanding the caption.)
Police continued to group Miller with the other four men when they were appeared in Harlem Magistrates Court. In stories on the court appearances, the New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used. However, while the Daily News, New York Herald Tribune, New York World-Telegram and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being charged separately from Miller and the other three men. That separation would have resulted from the different arresting officer listed in the Harlem Magistrates Court docket book for Gordon, Patrolman Irwin Young, not Patrolman Shannon, the arresting officer recorded for the four other men. The charge recorded for Gordon was also different, assaulting Young, not inciting riot. The Daily News claimed Gordon "was heard separately when he indicated that he would produce his own lawyers."
In the Harlem Magistrates Court Miller was charged with inciting a riot, as were Jameson, Samuels and Viabolo. When their names were called, two lawyers from the International Labor Defense Fund rose to represent them. The appearance of those attorneys was reported by the New York American, Daily Mirror, Home News, Daily News, New York Herald Tribune, New York Times, New York World-Telegram and Daily Worker but for some reason they were not recorded in the column for the name and address of a defendant's lawyer in the Harlem Magistrates Court docket book (a section completed for Harry Gordon). The ILD's affiliation with the Communist Party would have been well-known to readers of those newspapers, but the Daily Mirror explicitly made the connection in its story, stating that the men's "Communistic affiliations were declared" by the identity of their attorneys. The Daily Mirror and Daily Worker named the lawyers as "Miss Yetta M. Aronsky and I[sidore] Englander," while Daily News named only Aronsky, and the New York American, New York Herald Tribune and New York Times reported only "a woman lawyer" who would not give her name to their reporters. (Englander later testified about being present in the court in a public hearing of the MCCH).
Assistant District Attorney Richard E. Carey, the Black attorney Magistrate Renaud had requested prosecute those arrested in the disorder, according to the Daily News, requested the men be held for a hearing on Friday on the maximum bail of $2500. The men's ILD lawyers protested that sum. Other arrested during the disorder charged with felonies had their bail set at $1000, including Harry Gordon. Magistrate Renaud dismissed those protests, and complaints by Aronsky, reported by the Daily News and Daily Worker that the men "had not been fed by police following their arrest."
When Miller returned to the Harlem Magistrates Court with the three Young Liberators, Magistrate Ford dismissed the charges against the group because the grand jury had indicted them in response to evidence presented by District Attorney Dodge as part of his investigation of the disorder. The Magistrates Court docket book records the deposition of the men's cases as "Dism[issed], def[endant] indicted." Stories in the Daily Mirror and New York Amsterdam News also reported they had been indicted by the grand jury. However, while the grand jury did send the men for trial, it was for a misdemeanor, not a felony, so an information that sent them to the Court of Special Sessions, not an indictment that would have sent them to the Court of General Sessions. Other stories included elements of that distinction. The New York American reported that after being discharged the men were "turned over to detectives with bench warrants based on the Grand Jury informations voted last week charging inciting to riot." The New York Herald Tribune also reported "two informations charging five persons with inciting riot" without naming them; so too did the Daily News, which alone specified that an information charged a misdemeanor and that the men were sent for trial in the Court of Special Sessions. The grand jury also sent all the other individuals charged with inciting a riot that appeared before it to the Court of Special Sessions to face trial for misdemeanors. Testifying in a public hearing of the MCCH, Miller said he was charged with unlawful assembly. That crime involving disturbing the peace, not efforts to prevent the enforcement of the law or incite force or violence.
As other prosecutions resulting from the riot made their way through the courts there were no reports mentioning Miller, or Jameson, Samuels and Viabolo. Finally, on June 20, the four men appeared in the Court of Special Sessions — the New York Amsterdam News reported an additional defendant, a "young sympathizer," Dave Mencher, not mentioned in any other sources or in the Daily Worker story, the only other report of this trial located. Only one prosecution witness testified before the court's three judges, Sergeant Bauer of the West 123rd Street station (likely the sergeant who testified at the public hearings that he was involved in the arrest, although his name was recorded as Bowe in the transcript). It is not clear why Patrolman Timothy Shannon, the arresting officer, did not appear as a witness. International Labor Defence lawyers again represented the men, but not the same attorneys as on the day after the disorder. Instead, Joseph Tauber and Edward Kuntz, who played prominent roles in the MCCH public hearings, represented the men. After cross-examining Bauer to establish that a crowd had collected in front of Kress' store prior to the men arriving, the attorneys moved to have the charges of inciting a riot dismissed. The judges agreed, and freed Miller and the three other men.
Miller's home address is recorded in the Harlem Magistrates Court docket book as 1280 South Boulevard in the Bronx. That address is also published by the Daily Mirror, Brooklyn Daily Eagle, New York American, New York Times, and New York Age. However, the New York Evening Journal reported that address did not exist. A different address was published in the New York Herald Tribune, Home News, New York American, and New York Amsterdam News: 35 Morningside Avenue, between West 117th and 118th Streets, two blocks west of 8th Avenue. That address fits the information he gave in the MCCH public hearing. All those newspaper stories are reports of Miller's appearance in court, suggesting that the Morningside Avenue address was mentioned at that time even if it was not recorded in the docket book. Miller's organization, the Nurses and Hospital League, had an office downtown at 799 Broadway, identified in the New York Post, New York American, and Daily Worker as raided by police investigating the disorder that was outside Harlem.
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2022-07-14T17:02:48+00:00
Police find Lino Rivera
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2023-12-17T18:57:12+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 Donahue, 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 Donahue 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 Donahue 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.
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2022-03-11T22:00:36+00:00
Leaflets distributed
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2024-01-27T23:41:12+00:00
The Young Liberators printed a one-page mimeographed leaflet in the early evening of March 19. Just where they distributed the leaflet was uncertain. "Some white youngsters were passing out handbills" when a reporter for the Afro-American arrived at 125th Street and 7th Avenue at 7:14 PM. Louise Thompson saw people with the leaflet on that corner just after 8:00 PM, suggesting a focus on 125th Street. “They were hurriedly passed put among the throngs of Negro idlers up and down teeming 125th Street,” according to the sensationalized story in Time magazine. The New York American claimed, “These papers received wide circulation throughout Harlem.” The leaflet was also pasted on building walls, according to the New York Evening Journal. Reading its text incited the crowds that had gathered on 125th Street, the police and District Attorney William Dodge claimed, making the Young Liberators, who they considered Communists, responsible for the disorder. The MCCH did not agree. Based on testimony from Louise Thompson that the leaflet did not appear on 125th Street until sometime between 7:30 PM and 8:00 PM, the MCCH's final report concluded that the Young Liberators “were not responsible for the disorder and attacks on property which were already in full swing.” By 7:30 PM, “Already a tabloid in screaming headlines was telling the city that a riot was going on in Harlem,” the MCCH report also noted. Louise Thompson identified that newspaper as the Daily Mirror. Later on March 19, the Communist Party distributed a leaflet, after the Young Liberators approached them, concerned about the growing disorder, according to James Ford’s testimony in a MCCH public hearing. He said that leaflet was “written and distributed” about “9 or 10 o’clock.” Leaflets were still in circulation on Harlem’s streets around 2:00 AM. Sgt. Samuel Battle told a public hearing of the MCCH he came into possession of two or three at that time, without specifying which of the two leaflets.
Both leaflets identified Kress store staff as responsible for the violence against Rivera with only passing mention of police. That narrative focused protests on the store, and white businesses, Bosses, more generally, rather than police, or the white population. In terms of that framework, attacks on Kress’ store, and on other white businesses later in the disorder, appeared not straightforwardly as attacks on property and economic power, but also as retaliation against violence by those who owned and worked in those businesses
A mimeographed page, the Young Liberators’ leaflet combined handwritten and typewritten text. At the top, the handwritten text read, “Child Brutally Beaten. Woman attacked by Boss and Cops = Child near DEATH.” The remaining typewritten text read:ONE HOUR AGO A TWELVE-YEAR-OLD NEGRO BOY WAS BRUTALLY BEATEN BY THE MANAGEMENT OF KRESS FIVE-AND-TEN-CENT STORE.
THE BOY IS NEAR DEATH
HE WAS MERCILESSLY BEATEN BECAUSE THEY THOUGHT HE HAD ‘STOLEN’ A FIVE CENT KNIFE.
A NEGRO WOMAN WHO SPRANG TO THE DEFENSE OF THE BOY HAD HER ARMS BROKEN BY THESE THUGS AND WAS THEN ARRESTED.
WORKERS, NEGROES AND WHITE, PROTEST AGAINST THIS LYNCH ATTACK ON INNOCENT NEGRO PEOPLE. DEMAND THE RELEASE OF THE BOY AND WOMAN.
DEMAND THE IMMEDIATE ARREST OF THE MANAGER RESPONSIBLE FOR THIS LYNCH ATTACK.
DON'T BUY AT KRESS'S. STOP POLICE BRUTALITY IN NEGRO HARLEM.
JOIN THE PICKET LINE
ISSUED BY YOUNG LIBERATORS.
Predictably, the anti-Communist Hearst newspaper the New York Evening Journal gave the greatest space to the leaflet, publishing both the full text of the Young Liberators' leaflet and photographs of it (and the Communist Party leaflet and two placards carried by pickets, under the headline "Insidious Propaganda That Started Harlem Riot," and a front-page photograph of the men arrested protesting in front of Kress’ store). A portion of the Young Liberators' leaflet appeared in a combination of Associated Press photographs published in several newspapers. In addition to the New York Evening Journal, the Home News, New York World-Telegram, and the New Republic published the text of the leaflet. The New York Herald Tribune quoted only about half of the leaflet, stopping after the first use of “lynch attack.” None of those published versions of the circular included the final line, “JOIN THE PICKET.” That line did appear in the version published by the Norfolk Journal and Guide, the only Black publication in which the leaflets were reproduced. That line was in the photograph published in the New York Evening Journal, in the version of the leaflet in the MCCH’s final report, and was raised by Hays in the public hearing of the MCCH (James Taylor, the leader of the Young LIberators answered that he did not know to what it referred). The text published in the Home News omitted the line DON'T BUY AT KRESS'S. STOP POLICE BRUTALITY IN NEGRO HARLEM and substituted instead “Demand the hiring of Negro workers in Harlem department stores. Boycott the store." That phrase transposed the call not to buy in the store into the terms of boycott of the campaigns of the previous year to effectively treat the tactic as having a single goal. The New York Post quoted only the handwritten headline of the leaflet, the characterization of the incident as “this lynch attack,” and the call for protest. Time quoted only the headline, and the Afro-American only the first two phrases from the headline and omitted “boss” so that the charge of violence was only against police. Quotations in the New York Sun were garbled versions of the actual leaflet text and included words and phrases that appeared but in the wrong form: "A Child Brutally Beaten." "A Twelve-Year-Old Child Was Brutally Beaten for Stealing a Knife from a Five and Ten Cent Store." "Workers Protest Against This Lynch Attack." The Daily News misreported the leaflet as making the more provocative charge that the boy had been beaten to death. Initial stories about the disorder published by the New York Times and New York American did not mention the leaflet but added them to their narrative the next day, March 21.
The Communist Party leaflet, also a mimeographed page, similarly began with handwritten text that read, “FOR UNITY OF NEGRO AND WHITE WORKERS! DON'T LET THE BOSSES START RACE RIOTS IN HARLEM!”. The typewritten portion went on:The brutal beating of the 12-year-old boy, Riviera, by Kress's special guard, for taking a piece of candy, again proves the increasing terror against the Negro people of Harlem. Bosses, who deny the most immediate necessities from workers' children, who throw workers out of employment, who pay not even enough to live on, are protecting their so-called property rights by brutal beatings, as in the case of the boy Riviera. They shoot both Negro and white workers in strikes all over the country. They lynch Negro people in the South on framed-up charges.
The bosses and police are trying to bring the lynch spirit right here to Harlem. The bosses would welcome nothing more than a fight between the white and Negro workers of our community, so that they may be able to continue to rule over both the Negro and white workers.
Our answer to the brutal beating of this boy, by one of the flunkies of Mr. Kress, must be an organized and determined resistance against the brutal attacks of the bosses and the police.
WORKERS, NEGRO AND WHITE: DEMAND THE IMMEDIATE DISMISSAL AND ARREST AND PROSECUTION OF THE SPECIAL GUARD AND THE MANAGER OF THE STORE.
DEMAND THE RELEASE OF THE NEGRO AND WHITE WORKERS ARRESTED.
DEMAND THE HIRING OF NEGRO WORKERS IN ALL DEPARTMENT STORES IN HARLEM
DON'T LET BOSSES START ANY RACE RIOTS IN HARLEM.
DON'T TRADE IN KRESSES.
Issued by
Communist Party
Young Communist League
The Daily Worker published the Communist Party leaflet text, while not publishing the Young Liberators' leaflet, perhaps because the public position of the Young Liberators was that the organization was not affiliated with the Communist Party. The handwritten headline of that leaflet appeared at the end of the story in the New York World-Telegram, after the full text of the Young Liberators' leaflet: “In another manifesto, signed by the Communist party and the Young Peoples’ League, a plea was made “for unity of Negro and white workers—don’t let the bosses start race riots in Harlem!” While the New York Evening Journal published a photograph of the leaflet, no other white newspapers reproduced the text, nor did it appear in the MCCH final report. The Norfolk Journal and Guide was the only Black publication in which the leaflet text was published.
Initial newspaper stories reported that police said that the leaflets were responsible for moving the crowds on 125th Street to violence. The sensationalized version of that story employed metaphors of fire that placed the leaflets at the start of the disorder: leaflets were the “match which ignited Harlem and pitted its teeming thousands against the police and white spectators and shopkeepers” in the Daily News, “inflammatory handbills, the spark that fired the tinder” in Newsweek, and "inflame the populace" in a New York Age editorial; and in the New York Sun and Daily Mirror leaflets fanned the crowd’s fury. The New York Evening Journal opted for a more racist image evoking slavery, in which the leaflet was “largely responsible for whipping the Negroes to a frenzy.” The New York Age columnist the "Flying Cavalier" described the leaflets as as an example of the Communist "technique in the making up of their messages which would incite a lamb to jump on a tiger—if the lamb didn’t think first." Other newspapers framed the leaflets in terms of rumors: as having started the rumor in the New York Herald Tribune, as “the chief agency which spread the rumor" in the Home News; and as having “helped spread resentment” in the New York Post. (The New York World-Telegram described the leaflet without giving it a specific role; the “tinder for the destructive conflict” was the rumor that a boy had been beaten and killed, “assiduously spread by Communists.”) Writing in the New Republic, white journalist Hamilton Basso devoted two paragraphs to weighing the role the leaflet played in the disorder. He concluded that it “helped to rouse the crowds to violence,” but rejected the idea that the leaflet’s purpose “was deliberately to provoke a race riot” as requiring belief in “the stupid Red Scare of the Hearst press.”
The only direct evidence of when the Young Liberators' leaflet was distributed came from Louise Thompson. She told a public hearing of the MCCH that the leaflets were not in circulation when she left 125th Street around 7:30 PM. It was when Thompson returned around 8:00 PM that she “first saw the leaflet” in the hands of several people, but not anyone handing them out. Thompson was not a disinterested witness; as a member of the Communist Party, she would not have wanted to see them held responsible for the disorder. L. F. Cole, who like Thompson had been inside Kress’ store after Rivera was grabbed but was not a Communist, told the MCCH he saw pamphlets in the crowd around 8:00 PM (the number is smudged in the transcript so that time was uncertain). Inspector Di Martini’s report supported that timeline, locating the appearance of “a number of pamphlets under the heading of the YL and YCP” after the crowd that gathered the rear of Kress’ store around 7:00 PM had been dispersed. Presumably that timing was based on the statements of officers on 125th Street — but not Patrolman Moran, who told the MCCH he was on duty in front of Kress’ store from 6:00 PM throughout the night and did not see leaflets passed out. Copies of the leaflets were attached to the report. They may have been the copies that Lieutenant Battle told the MCCH public hearing that he had gathered near the end of the disorder, around 2:00 AM.
Newspaper stories presented a different timeline that had the leaflet appear earlier, around 6:00 PM, for which there was no direct evidence. The New York Evening Journal and Home News, the New York Post the next day, and the New Republic, reported that the Young Liberators' leaflet appeared about an hour after Kress’ staff grabbed Rivera, which would have been around 3:30 PM. When District Attorney William Dodge spoke to reporters on March 20, the Daily News, New York World-Telegram, and New York American reported him as saying that the leaflets appeared within two hours of the incident in the store. No one at the scene described that timeline. It was likely based on the text of the leaflet, which read “One hour ago a twelve-year-old boy was brutally beaten by the management of Kress five-and-ten-cent store.” At that time, however, the Young Liberators were unaware of what had happened in the store. It was not until around 5:00 PM, as police were clearing people from Kress’ store, that a Black man brought news to the offices of the Young Liberators, James Taylor testified. Taylor, the leader of the Young Liberators, was asked about the timing referred to in the leaflet; he replied that he did not know whether that was correct. The New York Times story reporting Dodge’s comments had the “first of the Communist handbills” appear at 6:00 PM. That timeline was at least plausible; it would have been around an hour after the Young Liberators learned of an incident in Kress’ store. It was not, however, a timeframe that fitted with Di Martini’s report. The Daily News had the Young Liberators distributing the leaflets as they picketed Kress’ store at a time not specified in the story. However, that detail was part of the truncated timeline police provided that had all five alleged Communists that they arrested arriving at Kress’ store at the same time rather than separately over a period of forty-five minutes starting around 6:00 PM as testimony from those at the scene indicated. The pickets were the final protesters to arrive at Kress’ store at around 6:45 PM. Thompson saw them so would have seen leaflets had they been distributed at that time.
William Ford’s testimony in a MCCH public hearing was the only evidence related to the origins and timing of the Communist Party pamphlet. The leaflet appeared after members of the Young Liberators visited Ford about an hour after distributing their leaflet, he testified. They “were very much disturbed” that “these leaflets had not been able to allay mass resentment in Harlem,” and instead “a rumor had got around that a race riot had started in Harlem.” The Communist Party immediately produced a leaflet intended “to stop race rioting,” Ford testified, and he went to Harlem around 8:00 PM. The leaflet arrived an hour or two later, about “9 or 10 o’clock.” The MCCH report stated that that Communist Party leaflet was issued “about the same time” as the Young Liberators’ leaflet. None of the newspapers mentioned the time that the leaflet was distributed.
District Attorney William Dodge and Police Commissioner Valentine both amplified the police narrative when they spoke to reporters on March 20 after Dodge's appearance before the grand jury to seek indictments against alleged participants in the disorder. Valentine summarized Di Martini’s “departmental report on the cause of the rioting” as detailing “that a Negro youth had been caught stealing, that a woman had screamed, that the 'Young Liberators' had met, that they had thereafter disseminated 'untruthful deceptive and inflammatory literature' and that all these events had been climaxed by the appearance of a hearse in the vicinity,” the New York Sun reported, a chronology also reported in the New York American, New York World-Telegram, Times Union, and Brooklyn Daily Eagle. (The hearse was not the final element in Di Martini’s report; it was mentioned before the Young Liberators). Two days later, Dodge showed the grand jury a typewriter and mimeograph machine. The fruits of police raids on the offices of several organizations affiliated with the Communist Party, the machines were used to produce the Young Liberators’ leaflet, he told the grand jury, according to stories in New York Herald Tribune, New York Post, New York American, Daily News, and New York Times. (The mimeograph machine was taken from the Nurses and Hospital Workers League, the organization which employed one of the men arrested for trying to speak in front of Kress’ store, Daniel Miller, the New York Post and New York American reported.) According to the Daily News, after the grand jury examined that material, “Dodge said arrests might be expected momentarily.” There were no reports of any arrests related to the leaflets.
Mayor La Guardia did not echo the district attorney and police commissioner in directly blaming Communists for the disorder. While his statement distributed and displayed in Harlem the evening after the disorder followed the same police narrative, and mentioned the leaflets, it did not present them as triggering the disorder. Instead, he used them to characterize those responsible: “The maliciousness and viciousness of the instigators are betrayed by the false statements contained in mimeographed handbills and placards.” That statement indirectly implicated the Young Liberators and Communist Party, who had signed the leaflets. However, the circular presented the disorder as “instigated and artificially stimulated by a few irresponsible individuals” who went unnamed. Questioned by journalists, La Guardia "would not say whether he agreed with the police that the instigators were Communists," the New York Herald Tribune reported.
Newspaper stories about the MCCH public hearing treated the testimony regarding the time at which the leaflets appeared in a variety of ways. The New York Herald Tribune and an editorial in the New York Amsterdam News highlighted how that testimony undermined what police said in the aftermath of the disorder. “Reds' Handbills Are Cleared As 'Chief Cause' of Harlem Riot” was the headline of the New York Herald Tribune story, which reported that “The committee learned that the circulars did not appear on the streets until 8:30 PM, fully two hours after the worst of the rioting was over. Therefore, the committee was asked by Communist lawyers to conclude that the literature could not have been a cause of much loss of property or life.” The New York Amsterdam News editorial, “The Road is Clear,” described the testimony that “The much-publicized Young Liberator pamphlets, carrying the false reports, did not appear on the streets until two hours after the worst rioting was over” as “one important fact” established by the MCCH. “With the red herring out of the way,” the editorial went on, “the investigating body can set out to probe the basic factors which really precipitated the riots - the discrimination, exploitation and oppression of 204,000 American citizens in the most liberal city in America. The New York Age, Home News and New York Times reported the testimony on when the leaflets appeared without addressing the implications of that evidence for the police narrative of the disorder. The New York American and Daily News mentioned other aspects of Taylor’s testimony about the leaflet but not when it was distributed, with the Daily News continuing to describe the leaflet as having "brought the riot into being." No mention of testimony about the leaflet appeared in stories about the hearing in the New York World-Telegram, Times Union, New York Post, and New York Evening Journal. In other words, the anti-Communist Hearst newspapers that had given the most attention to the leaflets did not respond to the testimony at odds with their narrative.
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In Harlem court on March 20 (76)
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2024-01-25T21:35:19+00:00
Seventy-six of those arrested in the 28th Precinct, south of West 130th Street, during the disorder appeared in the Harlem Magistrates Court on March 20. Magistrate Renaud decided just over half of those prosecutions. He rendered verdicts in only nine cases, convicting five men and one woman and discharging three men. That was far fewer cases than Magistrate Ford decided in the Washington Heights Court that day in large part because those arraigned in Harlem faced more serious charges. Renaud sent twelve others for trial on misdemeanor charges in the Court of Special Sessions and eighteen more charged with felonies to the grand jury. The remaining thirty-seven people he remanded in custody on bail. Those hearings were reported in all of Harlem’s white newspapers, but not in Black newspapers, which did not report the disorder until March 30, when they reported later court appearances. The newspaper stories varied in detail, with most only offering general accounts.
Descriptions of the scene at the court emphasized the number of police present and how they kept onlookers at a distance. The Home News put the number of police at fifty, the New York Post at sixty-five. The New York Times reported “Heavy police guards composed of men on foot, mounted and on motorcycles, surrounded the courts,” the Home News reported “cordons," and later that “Heavy police guards surrounded the courts and held back many colored persons who attempted to enter the buildings,” the New York Sun “lines of policemen formed in the street” that stopped anyone from going “west of Third Avenue or east of Sylvan Place," the Daily News that “Spectators were kept a block away from the buildings," and the New York American that the court was "heavily guarded,” with the "crowd gathered in the vicinity but was not permitted near the courthouse.” Only the Daily News noted the police presence in the crowd itself, that “plainclothesmen prowled through the crowds.”
The New York Sun also reported an additional 25 officers in the court building, ten on the stairs leading up to the courtroom and 15 in the courtroom itself, the Daily News more generally that “police lined the corridors of the courts.” Despite police restricting access to the courthouse, newspaper stories did mention the presence of spectators in the courtroom. That crowd had arrived early according to the New York Post, which reported that by 9:30 AM the space had become so crowded that the doors were closed. The Times Union described those present as Black, while the New York Evening Journal said the courtroom was crowded with participants in the disorder, prisoners awaiting arraignment.
Newspapers offered only slightly more details about the crowd outside the courthouse. Only the New York American put a number on those present, 1,500 people, which is likely an exaggeration given the sensational style of that publication. The New York Post described the crowd as lining the curbs outside the courthouse rather than giving its size. The New York Sun, New York Times, and Daily News mentioned crowds without describing their size. Those stories focused on the composition and behavior of the people, about which they offered contradictory pictures. Most of the spectators, inside and out, were Negroes, according to the New York Post, while the New York Times described them as “Negro friends of the prisoners assembled to attend the arraignments.” To the contrary, the Daily News portrayed them as “evenly distributed between white and colored.” Descriptions of how they behaved ran the gamut, with the New York Post portraying them as showing “clearly that they were there just to see the sights," to the Daily News insisting that they were “entirely orderly,” and the New York Sun and New York Times highlighting moments of anger, “a storm of boos and jeers from the crowd” as a wagon loaded with prisoners drove by in the New York Sun, and “considerable grumbling, some shouting of threats, but no violence” recounted in the New York Times.
Two photographs published in the Daily News captured the arrival of prisoners at the Harlem courthouse. In a photograph that appeared on the front page on March 21, shot from street level, a crowd can be seen in the background, held back by a uniformed patrolman, the elevated railway line indicating that they were on 3rd Avenue. An injured man is visible in the photograph; unlike the photograph published in the same newspaper of men being loaded into a wagon at the 28th Precinct, the caption to that image made no mention of the man’s injury. However, a second photograph published in the Daily News of a different group of men exiting a wagon and entering the court, shot from above, did draw attention to prisoners’ injuries, in both the headline and caption attached to it. “Casualties of Race War,” was the headline given to the image, which was captioned, “Prisoners of War! Wounded in the battle of Harlem, these prisoners arrive at Harlem Court in police wagon.” (It is difficult to determine which of the men shown in the photograph are injured as the only available image is scanned from microfilm and is of poor quality. One of the men in the foreground may have a bandaged head.) A third photograph of prisoners arriving at the courthouse, found in the Getty Images collection, is not attributed to a newspaper or agency and did not appear in any of the publications examined for this study. Taken from a similar elevated angle to the first of the Daily News images, it showed a different group of prisoners being taken into the courthouse. The different arrangement of vehicles indicates that the photographs are of two different groups of prisoners. None of the men in that image have visible injuries, nor did the caption reference any. It simply noted, “Members of the press as well as police officers watch as police vans escort the arrested to the courthouse the day after rioting in the Harlem neighbourhood in the Manhattan borough of New York City, New York, 20th March 1935.”
As was the case in reports of the police line-up, several newspaper stories included incidental mentions of the visible injuries of many of those under arrest. The New York World-Telegram merely noted “many battered and sore” among the prisoners. The Daily News mentioned that “numerous minor defendants appeared in court with bandaged and plastered heads” but only to contrast them with the group of alleged Communists, none of whom was “hurt.” Alone among the mentions of injured prisoners, the New York Sun story explicitly stated what would have been widely understood to be the source of their injuries, describing “Groups of prisoners battered and bruised after their furious battles with the police.” The implicit acceptance of police violence against Black New Yorkers by the white press stood in stark contrast to the attention and criticism it attracted in the Black press.
Only the New York Evening Journal and Home News published lists of those being arraigned, neither of which was complete. The Home News identified thirty-seven of the seventy-six individuals, including their name, address, charge, the magistrate’s decision, the amount he set for bail, and also brief descriptions of their alleged offense. (In several cases those descriptions provide the only details of those events.) Three of those omitted were discharged; those discharged were also omitted from the publication's list of those arraigned in the Washington Heights court. There is no obvious reason why the other thirty-six were not listed. As discussed below, the New York Post, Daily News, and Daily Worker did note the speed with which cases were processed, which might have made it difficult for reporters to hear or otherwise gather information about them. The list in the New York Evening Journal also included the name, address, charge, the magistrate’s decision, and the amount he set for bail, without any information on the alleged offense. (My copy of this story is incomplete, so I do not know how many of those arraigned the newspaper identified; sixteen names are visible, but there were more in the list.)
The appearances of the four alleged Communists, Daniel Miller, Murray Samuels, Sam Jamison, and Claudio Viabolo, and in some cases Harry Gordon, also arrested at the beginning of the disorder were the only widely reported arraignments, with the Daily News, New York American and New York Evening Journal, also publishing photographs of the men leaving the 28th Precinct station for court. While the Daily News, New York Herald Tribune, New York World-Telegram, and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. And the New York Sun mentioned four white men but identified only Gordon. That difference appears to have resulted from Gordon being arraigned separately from the three Young Liberators and Miller. That separation would have resulted from Gordon being arrested by a different police officer. The Daily News claimed Gordon "was heard separately when he indicated that he would produce his own lawyers." The New York World-Telegram simply reported that “The fifth [man] was to be arraigned later in Harlem Court.”
These men drew reporters’ attention at least in part because police identified them as the instigators of the disorder, a claim that the Daily Worker reported that ADA Carey also made during the men’s arraignment. The New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used. The Daily Mirror elaborated that description in more sensational terms, describing them as “the curb-stone orators who had deliberately incited the 125th St. mobs to looting frenzy,” while the Daily News and New York World-Telegram used less sensational variations, with the Daily News describing them as those “whose propaganda is blamed for the riot” and the New York World-Telegram describing them as “accused of store picketing activities alleged to have been the direct causes of the riot.”
The stories also labeled the men Communists, with the New York World-Telegram and New York Sun directly attributing that information to police. The Daily Worker obliquely confirmed that source, reporting “Authorities declared that they 'would prove they were Reds.'” The anti-Communist Daily Mirror claimed the men identified themselves, that they were “all admitted Communists.” While the other stories did not explicitly label the men Communists, they identified the lawyers who represented them, details which would have conveyed to their readers that they were Communists. The Home News, New York Times, New York Herald Tribune, and Daily News all described the lawyers as from the ILD, well known in the 1930s as the legal arm of the Communist Party. The Daily Mirror explicitly made the connection in its story, stating that the men's "Communistic affiliations were declared" by the identity of their attorneys. The Daily Mirror and Daily Worker named the lawyers as Miss Yetta M. Aronsky and I[sidore] Englander, while the Daily News named only Aronsky, and the New York Herald Tribune and New York Times reported only "a woman lawyer" who would not give her name to their reporters. (Englander later testified about being present in the court in a public hearing of the MCCH.)
The other element of the men’s arraignment that drew attention was the bail of $2,500 that Magistrate Renaud set for Miller and the three Young Liberators (but not for Gordon). While the New York Herald Tribune, New York American, New York World-Telegram, Home News, and New York Times simply noted the amount of the bail, the Daily Mirror noted that sum was the “maximum bonds,” and was requested by the prosecutor, Carey. Without noting the high level of the bail, the Daily News reported that the men’s ILD lawyers “protested vehemently against the amount of bail.” That story also reported that one of those lawyers, Aronsky also complained that the men "had not been fed by police following their arrest," a detail that only the Daily Worker also reported. Magistrate Renaud responded to that complaint with a “retort,” the Daily News reported obliquely, and by saying “that he had no responsibility in the matter,” according to the Daily Worker.
Newspapers reported the other arraignments with summary statements (The Daily Mirror and New York Herald Tribune reported only the arraignments of the alleged Communists). That most cases were not decided but instead held over for further hearings, was noted by the New York American, New York Times, Home News, and Daily Worker. The New York Post and Daily News specified that it was defendants facing the “more serious charges” that were held on bail, with the New York Post identifying those charges as burglary and inciting to riot. The New York Sun merely noted that “The more serious cases were brought before Magistrate Renaud in the Harlem Court.” Only the New York Post, New York Times, and Daily News also noted that Renaud did decide some cases. Where the New York Times simply reported that “several were sentenced immediately,” the Daily News specified that “In the cases of those charged with misdemeanors he invariably found them guilty and held them either without bail for investigation or in bail of $500 for sentence Friday" and the New York Post add the detail that these were “The relatively unimportant charges, disorderly conduct, simple assault and so on” in which “Small fines with alternative jail sentences were administered, with most of the prisoners taking the jail terms.” The summary details offered by the Daily News and New York Post mask the small number of cases Renaud decided: he convicted only five men and one woman, and actually acquitted three other men, of the total of seventy-six who appeared before him. He also did not sentence any of those he convicted, instead ordering them investigated and returned to court for sentencing three days later, on March 23. What the New York Post described happened in the Washington Heights court, not the Harlem court.
The other feature of the hearings noted in those stories was the speed, the short time taken on each case. An early edition of the New York Post reported that “cases were handled with almost unprecedented speed.” A later edition elaborated that minor charges were “handled at a speed of ten minutes or less to a case” and more serious charges “also were jammed through rapidly.” The Daily Worker, which cast the work of the “capitalist courts” as “frame-up cases and grinding out convictions,” had case handled even faster: “30 cases of Negroes were disposed of in almost as many minutes.” The Daily News described the speed in terms of the activities involved rather than time: “As rapidly as overtaxed court clerks could draw the necessary papers Renaud heard defendants.”
Newspaper stories had little to say about how those in the courtroom reacted to the proceedings. What they did mention suggested a wariness that the Black community might see racial discrimination at work that could prompt further disorder. Only the Daily News reported that Magistrate Renaud expressed such concerns at the beginning of the hearing, announcing that at his request Assistant District Attorney Richard E. Carey, who was Black, had been assigned to prosecute the accused rioters so that "there can be no charge of discrimination." Only the Brooklyn Daily Eagle also explicitly linked Carey’s role to racial tensions, pointed to him being the prosecutor in the Harlem Court to claim “it could hardly be said there was racial discrimination against the Negro Prisoners.” That story did not mention that Renaud had requested Carey. The Daily Mirror did note that Carey, whom the story described as “a colored attache of District attorney Dodge’s office,” was specially assigned at the demand of Renard without providing his explanation for that request. The New York Post and Daily Worker simply noted Carey’s involvement in the prosecutions. On at least one occasion, Carey’s involvement produced the racial tensions Renaud had sought to prevent, according to stories in the Daily News and Times Union. The fullest account was provided by the Daily News: “…when a white attorney, who refused to give his name to reporters, sought to inject a question of race while a colored patrolman was testifying against Leo Smith, 18, of 305 E. 118th St., who is white, Renaud denounced the attorney. 'The patrolman in this case happens to be colored, the Judge happens to be white and the prosecutor is colored.' said Renaud. 'We recognize no race, color or creed here. We are looking for justice and law and order.'" Missing from that story was the reaction in the courtroom, which is what the Times Union reported: “The tenseness lingering from the night was apparent in Harlem Court, where Negroes in the jammed room muttered disapprovingly as a lawyer for a white defendant hinted the trouble was started by Negroes and was racial in origin. Magistrate Renaud quickly reprimanded the attorney.” (Strikingly, that account, and mention of Margaret Mitchell’s reaction to be charged — that she "denied hysterically she participated in the rioting. She stood up from the witness chair screaming, then collapsed" — are the only references to the court proceedings in the Times Union story). Neither story made clear just what Smith’s lawyer had said. The Black officer who testifed against Smith was one of four Black patrolmen, together with a Black detective, that the Brooklyn Daily Eagle story referenced alongside Carey to refute the possibility of racial discrimination in the courts. The New York Herald Tribune was the only other newspaper to note that “Among the arresting officers were five Negro patrolmen and detectives.”
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White men arrested for looting (2)
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Two white men are among those arrested for looting, the others being forty-seven Black men, three Black women, and eight men of unknown race. An additional six white men are among those arrested, including Leo Smith, for allegedly breaking store windows.
One of the men resided in Black Harlem, which was very rare by 1935. Jean Jacquelin’s address was recorded as 222 West 128th Street, in the area north of West 125th Street and east of 8th Avenue where Black residents made up well over 90% of the population. He was arrested at West 128th Street and 8th Avenue, just west of his home, at the very end of the disorder, early the next morning, likely based on the clothing in his possession. That clothing, later identified as coming from tailor’s east of his home, provided enough evidence for a charge of larceny, a misdemeanor as it had a value less than $100. But the judges in the Court of Special Sessions dismissed the charges. That outcome, and Jacquelin’s arrest well after crowds had left the streets, mean there is no clear evidence he actually participated in the disorder.
Louis Tonick, the second white man arrested for looting, lived outside Harlem, in the Bronx. There is no information on why he was in the neighborhood. Only eighteen years of age, Tonick was unlikely to have been working. He could have been simply passing through to or from his home or have been drawn to the neighborhood by reports of the disorder. There is also no information on where he was arrested. Although listed among those charged with burglary in the press, the charge against Tonick in police and legal records was robbery. However, the Magistrate, after holding Tonick in custody for two weeks, dismissed those charges. That outcome suggests the prosecutor lacked evidence he had participated in robbery or looting. With no information on when Tonick was arrested, he may have been in the crowds on the streets during the disorder. At least four of the other six white men arrested during the disorder also had the charges against them dismissed.
Accounts of the events of the disorder similarly lack clear evidence of the participation of white men. While the MCCH report made no mention of white men other than the protesters in front of Kress’ store, both white and Black newspapers did include whites among their general descriptions of the crowds on the streets of Harlem. However, the statements in the Black press appear to be based on the arrest of the four men in front of Kress’ store at the very beginning of the disorder rather than any wider presence or participation. Under the subtitle “Some Rioters White,” the Afro-American asserted that “there were no strict opposing camps racially. Some of the most vicious rioters were white men who egged the crowd on and who handed out the leaflets and carried picket signs.” Prof. G M James, in a column in the New York Age offering an assessment of the disorder, reported that “I am informed by eye witnesses that (1) the riot was precipitated by both white and colored assailants alike.” Other Black newspapers that included white people in the crowds were less explicit about their role. The Norfolk Journal and Guide reported “About 4000 colored men and women and their white sympathizers took the law into their own hands when they heard that 'a small Negro boy' had been brutally or fatally beaten by a manger of a five and ten cent store for stealing either candy or a penknife valued at five cents.” The Atlanta World was even less explicit: “Whites joined their Negro fellow citizens as the story of the fatal beating of the youth by the store clerks gained more magnitude.”
White men are more explicitly presented as part of violent crowds in several white newspapers. While identifying some of those men as the alleged Communists on which Black newspapers focused, the New York Evening Journal reported an additional group: “There were many whites among the rioters also, police said. Some are known to be Communist agitators, others were pictured as hoodlums, joining the mob only for the loot that they could accumulate throughout the mad night.” “Hoodlums” also appeared in the Daily News, which less explicitly identified them as white men: “Looting of stores was the objective of hundreds of hoodlums who swarmed into the district from Manhattan and the Bronx after news of the riot spread.” The newspaper’s readers would have been aware that the Black population was concentrated in Harlem, making those who came from outside the neighborhood members of other racial groups. (The editor of the New York Amsterdam News did also use “hoodlum” to describe crowd members, but not in his paper. He told a Daily News reporter that “irresponsible persons and hoodlums took advantage of the situation,” a statement that does not appear to refer to white men.) A similar emphasis on white looters appears in the New York Times, but its story labeled those men “agitators,” collapsing together the two groups identified by the New York Evening Journal: “Roving bands of Negroes, with here and there a sprinkling of white agitators, stoned windows, set fire to several stores and began looting.” The same New York Times story also used "hoodlum" without reference to race, as the Daily News had: “While the police seemed certain that they had enough men in the district to put down any new uprising of the hoodlum element that looted stores and broke more than 200 shop windows during the riot...” A wider range of commentators would point to hoodlums to explain the racial disorder in Harlem in 1943, using the term to distance participants in the disorder from the broader Black population.
Only the New York Daily News, New York Herald Tribune, and Brooklyn Daily Eagle included white men among those committing assaults during the disorder. (The New York Evening Journal, which gave the violence the most attention, presented it as motivated by racial hatred, a framing that did not allow for participation by white men.) In accounts of assault, the Daily News used the labels “bands” and “guerillas” for the crowds involved: “armed bands of colored and white guerillas, swinging crowbars and clubs, roamed through barricaded Harlem from 110th to 145th St., assaulting every person of opposite color to cross their paths, setting fires and smashing shop windows after a night of fighting.” This contradictory image both groups Black and white men together and presents the assaults as interracial, on “every person of opposite color to cross their paths,” as does the almost identical description in the New York Herald Tribune. Those stories make no specific mention of groups of white men, or of attacks by white men on Black residents, nor do any other sources; the phrasing seems to come from slipping into describing the clashes that characterized racial disorder in preceding decades rather than what happened in Harlem. The Brooklyn Daily Eagle resolved that contradiction by essentially having white participants remove themselves from groups that assaulted white men and women: “Bands of men and women, in some case joined by whites and in other cases assaulting any white they met, roared up and down the byways of Harlem, smashing more than 200 windows, looting stores, and fleeing from or fighting police.” These awkwardly phrased descriptions suggest that claims of white participation in assaults came from how reporters sensationalized the disorder, not the information they had, that it was in groups breaking windows and looting stores, and picketing in front of Kress’ store, that white men were seen and that those who police arrested were allegedly among.
Just how many white men were in the crowds on Harlem’s streets is uncertain. The small proportion of those arrested who were white men does not necessarily reflect how many were present; white police officers were likely more inclined to arrest Black men and women in this context, and it seems like few of the Black officers stationed in Harlem made arrests during the disorder. Most newspaper stories do not offer an assessment of the size of the white presence; those that do range from a "sprinkling” in the New York Times to “many” in the New York Evening Journal to “hundreds” (in crowds of several thousand) in the Daily News. James Hubert of the Urban League was alone in claiming that white men made up a majority of the crowds, based on a report from a member of his staff: "A man from my own office who went out into the streets said that fully 75 per cent of the persons causing the trouble were whites," he told a reporter from the New York Herald Tribune. "They got up on soap boxes and agitated and incited the Negroes. I am told that the persons who threw bricks into windows included many whites who rode about in taxicabs.” The details Hubert offered in support of his generalization do not actually put white men in the crowds on the street. As well as following the Black press in focusing on the men who picketed Kress’ store, he locates white participants in vehicles, not crowds. Cars regularly appear as targets of violence in descriptions of the disorder; they are not otherwise reported as sources of violence.
White men in the crowds in Harlem’s streets were not necessarily drawn to the neighborhood by news of the disorder, as the Daily News claimed. Many white-owned businesses on West 125th Street refused, discouraged or discriminated against Black customers, highlighting that the district catered to whites from surrounding neighborhoods, including those in the blocks immediately south and east whose populations changed from predominantly white in 1930 census to predominantly Black in the 1940 census. Other white men came to Black Harlem for nightlife and vice.
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1
2020-02-26T20:11:40+00:00
Mayor La Guardia establishes an investigation
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94
2023-06-24T02:29:07+00:00
Bundles of posters measuring two foot by two and a half foot were delivered to the 28th Precinct station on West 123rd Street during the evening of March 20. Over the course of the night police officers distributed those posters to stores throughout Harlem, instructing staff to display them prominently in windows. At least one store-owner tapped the poster to his store window; the New York Evening Journal published a photograph of several Black and white men and boys gathered around it on March 21. “In bold type” on each poster was an appeal from Mayor LaGuardia “To the People of New York City,” a statement he had released to the press that morning. Concerned to avoid a renewal of the disorder of the previous night, he urged “the law-abiding element of Harlem to carefully scrutinize any charge, rumor or gossip being made at this time,” as the “few irresponsible individuals” who had instigated that violence with “bold statements…in mimeographed handbills and placards” might attempt to “repeat this spreading of false gossip, of misinformation and distributed misrepresentation in handbills or other printed matter.” To counter those sources, the mayor promised to supply “details of everything that that occurred.” That information would come from City agencies, and from the grand jury that he had instructed District Attorney William Dodge to have investigate the disorder. He announced in addition that he was appointing “a committee of citizens to check all official reports and to make a thorough investigation of the causes of the disorder and a study of necessary plans to prevent a repetition of the spreading of malicious rumors, racial animosities and the inciting of disorder.”
If the role of rumors and the activities of the Communist Party mentioned in the poster spurred the mayor’s decision to investigate the events of the disorder, a concern that the disorder not be seen as a race riot contributed to the emphasis on underlying causes rather than event of the disorders in the scope of the investigation. In a draft version the sentence announcing the committee read, “…and a study of necessary DEFENSIVE plans to prevent a repetition of the spreading of malicious rumors and the instigation of RACIAL disorder,” with the word “racial” crossed out in pencil. In a second draft, “defensive” was also crossed out, “racial animosities” inserted, and “instigation of racial disorder” changed to “inciting of disorder” to produce the final text. The intent of those edits was made clear when a reporter for the New York Herald Tribune queried the mayor about the choice of the phrase “unfortunate occurrence” to describe the disorder asking, "You do not regard the trouble up there as a race riot?" "No," he replied, "you see, we have to be careful. We don't know yet what was the underlying cause of the trouble. We can't say on the basis of what we know that it was fundamentally racial. Certainly an outburst like that which happened Wednesday night doesn't go off unless there was smouldering some underlying feeling. What the causes of that were are what I want the fact-finding committee to find out. It may go back 100 years."
It is not clear what led La Guardia to conclude that the city government releasing information would not be enough to calm Harlem residents or prevent further disorder. The NAACP did send La Guardia a telegram on March 20 calling for “a biracial commission to make an independent investigation of riot in Harlem last night” that examined the “fundamental as well as immediate causes of trouble with right to examine witnesses and all pertinent records.” Although the organization would later issue a press release claiming that suggestion was responsible for the mayor deciding to set up an investigation, he likely was responding to more than that prompt.
As police distributed the posters displaying the mayor’s appeal, 7.5 miles to the south at City Hall La Guardia announced the names of the eleven individuals he had appointed to that committee. The press release provided a broader charge for them than his earlier statement: “the investigation of social and economic conditions in west Harlem,” “the ascertainment of the causes of the disturbances which occurred on the night of March 19,” and “recommendations for the betterment of conditions and the prevention of a repetition of disorder and violence.” La Guardia did give more attention to the events of the disorder when he later explained his approach to journalists. “The checking of violence through adequate policing and the arrest of ringleaders,” was one of the two lines along which he said the situation in Harlem had to be approached, alongside “the amelioration of condition which gave rise to the suppressed feeling of hostility by the Negro population which was let loose on Tuesday night.” However, that framing suggested that investigation of the events of the disorder was largely in the hands of the grand jury investigation that the mayor had asked District Attorney Dodge to undertake. La Guardia seemed to confirm that when confronted by a reporter from the Daily Worker who said that Dodge’s investigation was at odds with the work he had assigned the Committee, insisting in response that “these are two separate and distinct functions.” However, La Guardia did not follow the district attorney in rushing to blame Communists for the disorder. The printed statement did not mention the Young Liberators or Communists by name. When a journalist asked La Guardia about that omission, “He would not say whether he agreed with the police that the instigators were Communists.” That reticence did not stop publications at opposite ends of the political spectrum, the anti-Communist Hearst newspaper the New York Evening Journal and the Communist Daily Worker, from reporting that the statement did hold Communists responsible for the disorder even if it did not mention them by name. -
1
2022-03-13T20:54:35+00:00
La Guardia's statement "To the People of Harlem"
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2024-01-27T23:20:36+00:00
On March 20, Mayor La Guardia circulated a statement about the disorder, “To the People of New York City.” The document was released to the press and printed “in bold type on placards 20 by 24 inches in size,” the New York Herald Tribune reported. “Bundles of [the placards] were delivered to the West 123d Street station,” that story continued; the New York Times described the delivery as “two patrol wagons of circulars,” which it reported were “two foot by two and a half foot” in size. Patrolmen distributed the placards to Harlem’s stores, which displayed them in their windows, as was shown in a photograph published by the New York Evening Journal and reported by the New York Times, Home News, New York Herald Tribune, and New York World-Telegram. The New York Times, New York Herald Tribune, Home News, New York World-Telegram, New York American, and Daily Worker published the full statement. Among the Black newspapers, the Norfolk Journal and Guide provided a brief summary rather than the full text. The statement was not mentioned in the New York Amsterdam News, New York Age, or Afro-American or in the Daily News, New York Sun, or Daily Mirror (and reported only with the photograph in the New York Evening Journal).
The statement readTo the People of New York City: The people of New York City must know that the overwhelming majority of the Negro population of West Harlem are splendid, decent, law-abiding American citizens.
The unfortunate occurrence of last night and early morning was instigated and artificially stimulated by a few irresponsible individuals. A very small fraction of 1 per cent of the population took part in the demonstration and violence. Small groups of vicious individuals marauded throughout the section, from time to time; committing acts of violence, attacking individuals in cowardly fashion and breaking plate glass of stores unoccupied during the night.
Malice and viciousness of the Instigators are betrayed by the false statements contained in mimeographed handbills and placards.
Attempts may be made to repeat the spreading of false gossip, of misinformation and distributing misrepresentation in handbills or other printed matter.
I appeal to the law-abiding element of Harlem to carefully scrutinize any charge, rumor or gossip or racial discrimination being made at this time.
Every agency of the city is available to assist in investigating all such charges. I expect a complete report from several sources giving me details of everything that occurred. As soon as I receive these reports they will be made public.
I am appointing a committee of representative citizens to check all official reports and to make a thorough investigation of the causes of the disorder and a study of necessary plans to prevent a repetition of the spreading of malicious rumors, racial animosities and the inciting of disorder.
F. H. LA GUARDIA.
Mayor.
Three versions of the statement are in the MCCH files. In a draft version the sentence announcing the committee read, “…and a study of necessary DEFENSIVE plans to prevent a repetition of the spreading of malicious rumors and the instigation of RACIAL disorder,” with the word “racial” crossed out in pencil. In a second draft, “defensive” is crossed out, “racial animosities” inserted, and “instigation of racial disorder” changed to “inciting of disorder” to produce the final text. That those edits were intended to avoid casting the events of March 19 as a “race riot” was made clear when a reporter from the New York Herald Tribune questioned La Guardia about the choice of the phrase “unfortunate occurrence” to describe the disorder. He asked, "You do not regard the trouble up there as a race riot?" "No," he replied, "you see, we have to be careful. We don't know yet what was the underlying cause of the trouble. We can't say on the basis of what we know that it was fundamentally racial. Certainly an outburst like that which happened Wednesday night doesn't go off unless there was smouldering some underlying feeling. What the causes of that were are what I want the fact-finding committee to find out. It may go back 100 years."
Notably, La Guardia’s statement did not follow police and District Attorney Dodge in holding Communists responsible for starting the disorder — although the New York Evening Journal misleadingly described La Guardia’s statement as doing just that, as having “flatly charge[d] radicals with the responsibility for much of Harlem’s riots.” Instead, as both the New York World-Telegram and New York Herald Tribune noted, it did not mention the Young Liberators or Communists by name. A journalist evidently asked La Guardia about that omission, as the New York Herald Tribune reported, “He would not say whether he agreed with the police that the instigators were Communists.” The Daily Worker, nonetheless, chose to ignore that reticence and characterized the statement as “cue from the red-baiting Hearst press” and “Attacking the Young Liberators, without mentioning them by name.”
The NAACP press release on March 22 that claimed credit for La Guardia’s decision to appoint a committee and the telegram the organization sent him that formed the basis of that claim (and a press release about the telegram) are in the NAACP files.
Only historian Lindsey Lupo has discussed La Guardia's statement, in a chapter on the MCCH in a broader study of riot commissions. Her study is the most detailed account of the MCCH. She highlights the revisions to the statement as evidence that the mayor was "hesitant to deem the violence as 'racial,'" which she interprets as at odds with the biracial committee he would appoint. That interpretation did not acknowledge that La Guardia's position was shared by Harlem's Black leadership.
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1
2021-10-14T12:37:14+00:00
Billiard parlor windows broken
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2024-01-18T00:29:10+00:00
The billiard parlor at 151 Lenox Avenue, between West 117th Street and West 118th Street, is one of the businesses in a list of those with broken windows made by a reporter for La Prensa after he walked along West 116th Street, Lenox Avenue, and West 125th Street on the day after the disorder. The billiard parlor was one of at least six Black-owned businesses that responded to that damage by displaying signs identifying it as a "colored" business, according to another story published in La Prensa. (The MCCH business survey undertaken after the disorder also recorded the billiard parlor as having Black owners). Such signs were not an effort to establish a racial divide in the neighborhood, to segregate Black and white residents, as the author of that story claimed, but an attempt to protect stores from being the target of violence, according to stories in the Home News, New York Evening Journal, New York Times, New York Post, New York World-Telegram, and Afro-American. Those in the crowds on Harlem's streets appear to have largely avoided attacks on Black-owned businesses: only five appear in the sources as having windows broken. In the case of the billiard parlor, as happened with the Williams drug store, the signs may have stopped further damage and prevented looting. There were no Black-owned businesses among those identified as having been looted.
Two other business just north of the billiard parlor appear in the La Prensa reporter's list of those that had broken windows, a branch of the Wohlmuth Tailors chain at 157 Lenox Avenue and the Castle Inn at 161 Lenox Avenue. Additional businesses in the area also likely had broken windows, as the La Prensa reporter concluded the list by noting that it did not include those that had only suffered minor damage ("y otras mas que por ser los danos ocasionados relativamente pequeños no creimus de interes catalogar entre los establecimientos ya mencionados").
No one arrested during the disorder was identified as breaking the store's windows. -
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2022-03-21T20:25:43+00:00
Crowds incited by white men (4)
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2024-01-19T01:56:31+00:00
The arrests of white men for inciting crowds all occurred in the vicinity of Kress’ store on West 125th Street and involved efforts to speak or picketing. White men protesting in those ways on Harlem’s streets were a familiar sight by 1935. In the 1930s, the Communist Party had an office at 415 Lenox Avenue; affiliated organizations had offices nearby: the International Labor Defense four blocks south at 326 Lenox Avenue, the Young Liberators at 262 Lenox Avenue, and the League of Struggle for Negro Rights and Negro Liberator newspaper at 2162 7th Avenue until just before the disorder, when they moved to 308 West 141st Street. Most of those who worked in those offices and protested in Harlem were white men and women. Although the four men arrested did not identify themselves as Communists, the organizations of which they did admit membership — the Nurses and Hospital League in the case of Daniel Miller, the New York Student League in the case of Harry Gordon, and the Young Liberators in the cases of Sam Jameson and Murray Samuels — were all connected to the Party. The men also fit the profile of those the Party assigned to work in Harlem described to historian Mark Naison: they were “in their teens or early twenties and came either from the two colleges located in the Harlem Section — Columbia and City — or form the immigrant neighborhoods surrounding Black Harlem.” Miller was twenty-four years of age and lived on Morningside Avenue on the boundary of Harlem. Gordon was twenty years of age and lived in the Bronx. Jameson and Samuels were both nineteen years of age, with Jameson living in Washington Heights north of Harlem and Samuels in Brooklyn. The number of Black residents who joined the Party and related organizations did grow slowly, but numbered only a few thousand by the time of the disorder. By 1935, larger numbers did participate in demonstrations led by Communist Party members, particularly those in support of the defense of the Scottsboro boys.
Speaking from stepladders, as Miller and Gordon tried to do, and picketing, as Jameson and Samuels did, were favored tactics of Communist activity in Harlem. Party members joined the streetcorner speakers who had been a staple of Harlem life throughout the 1920s, taking to corners “from 137th Street & 7th Avenue, north to 144th Street and Lenox Avenue, south to 110th Street and 5th Avenue," according to historian Mark Naison. When they first appeared, the mostly white Communist Party speakers frequently competed with Black nationalist speakers for locations and attention, especially on the corners of Lenox Avenue from 133rd to 135th Streets, and challenged their calls for race-based action with appeals for unity between Black and white workers. By September, 1934, Roi Ottley bemoaned the predominance of Communist street speakers in his column in the New York Amsterdam News. Communist Party pickets were initially less prominent in Harlem. When Sufi Hamid and his followers began picketing white-owned businesses seeking jobs for Black workers, first on 135th Street and later on 125th Street, the Party remained on the margins, at odds with the race-based appeals, even as the campaign expanded in 1934. When that movement splintered, however, the Party moved to mount a boycott campaign on their terms against the Empire Cafeteria on Lenox Avenue just north of 125th Street, seeking gains for white workers as well as jobs for Black workers. A week and a half of picketing and protest meetings led by Young Liberators, and store windows twice being broken, brought an agreement to hire black staff.
The reaction of police to the white men protesting on 125th Street was typical of the violent repression of Communist Party demonstrations in New York City from when they began in 1928, a repression which was explored by historian Marilynn Johnson. As early as September 1929, the New York Amsterdam News published a letter describing a Black Communist speaker, Richard Moore, and the white Communists who tried to take his place, being pulled from a stepladder by police “without the slightest provocation,” notwithstanding claims of a disruptive demonstration reported in the New York Times, New York Herald Tribune, and New York Amsterdam News. Mayor La Guardia had been trying to change the police approach since his election in 1934, historian Marilynn Johnson shows, requiring more tolerance of protest and a neutral stance in labor disputes. However, Harlem residents had witnessed the limits of that change a year before the disorder. Police who arrived to manage the crowd at a Communist Party meeting protesting the treatment of the Scottsboro boys suddenly drove radio cars on to the sidewalk and into the crowd, and then threw tear gas and bomb canisters. Whatever the mayor prescribed, hostility to Communists remained strong among rank-and-file police. It was that attitude that was on display in the speed with which officers moved against the men in front of Kress’ store, while not arresting James Parton, who introduced the two white men who tried to speak, or Black members of the crowd.
Some other white men and women appear to have been among the crowds around 125th Street. Louise Thompson told a MCCH hearing that she “did not see many white people," who amounted to only "a very few” percentage of the groups around 125th Street. Some of those white men and women may also have been affiliated with the Communist Party. Almost an hour after the arrests of Jameson and Samuels, the last of the four white men arrested, the Young Liberators distributed leaflets on 125th Street, and perhaps in surrounding areas. At least some of those handing out those documents would have had to have been white, given the makeup of the organization. So too would some of those who distributed a second leaflet, printed by the Communist Party an hour or so later.
The other four white men arrested in the disorder, however, do not appear to have been connected with the Party. Leo Smith, the one white man arrested for breaking windows, was apprehended early in the disorder when white Communist party members were among the crowds, but there is no evidence linking him to the Party. There is no evidence of what the one white man arrested for possession of a weapon, Jose Perez, was doing in Harlem, and he may not have been involved in the disorder at all. The two other white men were arrested for looting, one with stolen clothing in his possession, the other in unknown circumstances. The lack of information about those arrests means they do not offer clear evidence that white men were among the crowds on Harlem's streets after disorder spread beyond 125th Street.
Accounts of the events of the disorder similarly lack clear evidence of the participation of white men. While the MCCH Report made no mention of white men other than the protesters in front of Kress’ store, both white and Black newspapers did include whites among their general descriptions of the crowds on the streets of Harlem. However, the statements in the Black press appear to be based on the arrest of the four men in front of Kress’ store at the very beginning of the disorder rather than any wider presence or participation. Under the subtitle “Some Rioters White,” the Afro-American asserted that “there were no strict opposing camps racially. Some of the most vicious rioters were white men who egged the crowd on and who handed out the leaflets and carried picket signs.” Prof. G M James, in a column in the New York Age offering an assessment of the disorder, reported that “I am informed by eye witnesses that (1) the riot was precipitated by both white and colored assailants alike.” Other Black newspapers that included white people in the crowds were less explicit about their role. The Norfolk Journal and Guide reported “About 4000 colored men and women and their white sympathizers took the law into their own hands when they heard that 'a small Negro boy' had been brutally or fatally beaten by a manger of a five and ten cent store for stealing either candy or a penknife valued at five cents.” The Atlanta World was even less explicit: “Whites joined their Negro fellow citizens as the story of the fatal beating of the youth by the store clerks gained more magnitude.”
The Daily News, New York Herald Tribune, and Brooklyn Daily Eagle explicitly included white men among those breaking windows during the disorder, but only in broad statements. The Daily News described “armed bands of colored and white guerillas, swinging crowbars and clubs, roamed through barricaded Harlem from 110th to 145th St., assaulting every person of opposite color to cross their paths, setting fires and smashing shop windows after a night of fighting.” Almost the same language appeared in the New York Herald Tribune. A similar description in the Brooklyn Daily Eagle added looting and clashes with police: “Bands of men and women, in some case joined by whites and in other cases assaulting any white they met, roared up and down the byways of Harlem, smashing more than 200 windows, looting stores, and fleeing from or fighting police.”
Just how many white men were in the crowds on Harlem’s streets is uncertain. The small proportion of those arrested who were white men does not necessarily reflect how many were present; white police officers were likely more inclined to arrest Black men and women in this context, and it seems like few of the Black officers stationed in Harlem made arrests during the disorder. Most newspaper stories do not offer an assessment of the size of the white presence; those that do range from a "sprinkling” in the New York Times to “many” in the New York Evening Journal to “hundreds” (in crowds of several thousand) in the Daily News. James Hubert of the Urban League was alone in claiming that white men made up a majority of the crowds, based on a report from a (Black?) member of his staff: "A man from my own office who went out into the streets said that fully 75 per cent of the persons causing the trouble were whites," he told a reporter from the New York Herald Tribune. "They got up on soap boxes and agitated and incited the Negroes. I am told that the persons who threw bricks into windows included many whites who rode about in taxicabs.” The details Hubert offered in support of his generalization do not actually put white men in the crowds on the street. As well as following the Black press in focusing on the men who picketed Kress’ store, he locates white participants in vehicles, not crowds. Cars regularly appear as targets of violence in descriptions of the disorder; they are not otherwise reported as sources of violence.
White men in the crowds in Harlem’s streets were not necessarily drawn to the neighborhood by news of the disorder, as the Daily News claimed. Many white-owned businesses on West 125th Street refused, discouraged or discriminated against Black customers, highlighting that the district catered to whites from surrounding neighborhoods, including those in the blocks immediately south and east whose populations changed from predominantly white in the 1930 census to predominantly Black in the 1940 census. Other white men came to Black Harlem for nightlife and vice.
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1
2021-12-20T18:21:41+00:00
White men arrested for breaking windows (1)
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2023-12-10T21:21:47+00:00
Only one white man, Leo Smith, was among the twenty-six men and women arrested for breaking windows. He was one of only eight white men arrested during the disorder; two of those men were arrested for looting, one for possession of a weapon, and the remaining four men arrested for inciting riot by protesting in front of Kress' store. Two newspaper stories reported that Smith had broken a store window early enough in the disorder to be arraigned in the Night Court. However, the charge against Smith when he appeared in the Harlem Magistrates Court was disorderly conduct, not malicious mischief, the charge made against most of those alleged to have broken windows. That charge indicated that police did not have evidence that he had damaged a window. Evidence that Smith had been part of the crowds on the street could have been enough evidence for a charge of disorderly conduct. Magistrate Renaud convicted Smith, and sentenced him to one month in the Workhouse (in contrast to the two white men arrested for looting, who both had the charges against them dismissed, as did at least four of the other six white men arrested in the disorder).
Accounts of the events of the disorder similarly lack clear evidence of the participation of white men. While the MCCH report made no mention of white men other than the protesters in front of Kress’ store, both white and Black newspapers did include whites among their general descriptions of the crowds on the streets of Harlem. However, the statements in the Black press appear to be based on the arrest of the four men in front of Kress’ store at the very beginning of the disorder rather than any wider presence or participation. Under the subtitle “Some Rioters White,” the Afro-American asserted that “there were no strict opposing camps racially. Some of the most vicious rioters were white men who egged the crowd on and who handed out the leaflets and carried picket signs.” Prof. G M James, in a column in the New York Age offering an assessment of the disorder, reported that “I am informed by eye witnesses that the riot was precipitated by both white and colored assailants alike.” Other Black newspapers that included white people in the crowds were less explicit about their role. The Norfolk Journal and Guide reported “About 4000 colored men and women and their white sympathizers took the law into their own hands when they heard that 'a small Negro boy' had been brutally or fatally beaten by a manger of a five and ten cent store for stealing either candy or a penknife valued at five cents.” The Atlanta World was even less explicit: “Whites joined their Negro fellow citizens as the story of the fatal beating of the youth by the store clerks gained more magnitude.”
The Daily News, New York Herald Tribune, and Brooklyn Daily Eagle explicitly included white men among those breaking windows during the disorder, but only in broad statements. The Daily News described “armed bands of colored and white guerillas, swinging crowbars and clubs, roamed through barricaded Harlem from 110th to 145th St., assaulting every person of opposite color to cross their paths, setting fires and smashing shop windows after a night of fighting.” Almost the same language appeared in the New York Herald Tribune. A similar description in the Brooklyn Daily Eagle added looting and clashes with police: “Bands of men and women, in some case joined by whites and in other cases assaulting any white they met, roared up and down the byways of Harlem, smashing more than 200 windows, looting stores, and fleeing from or fighting police.”
Just how many white men were in the crowds on Harlem’s streets is uncertain. The small proportion of those arrested who were white men does not necessarily reflect how many were present; white police officers were likely more inclined to arrest Black men and women in this context, and it seems like few of the Black officers stationed in Harlem made arrests during the disorder. Most newspaper stories do not offer an assessment of the size of the white presence; those that do range from a "sprinkling” in the New York Times to “many” in the New York Evening Journal to “hundreds” (in crowds of several thousand) in the Daily News. James Hubert of the Urban League was alone in claiming that white men made up a majority of the crowds, based on a report from a member of his staff: "A man from my own office who went out into the streets said that fully 75 per cent of the persons causing the trouble were whites," he told a reporter from the New York Herald Tribune. "They got up on soap boxes and agitated and incited the Negroes. I am told that the persons who threw bricks into windows included many whites who rode about in taxicabs.” The details Hubert offered in support of his generalization did not actually put white men in the crowds on the street. As well as following the Black press in focusing on the men who picketed Kress’ store, he located white participants in vehicles, not crowds. Cars regularly appeared as targets of violence in descriptions of the disorder; they are not otherwise reported as sources of violence.
White men in the crowds in Harlem’s streets were not necessarily drawn to the neighborhood by news of the disorder, as the Daily News claimed. Many white-owned businesses on West 125th Street refused, discouraged, or discriminated against Black customers, highlighting that the district catered to whites from surrounding neighborhoods, including those in the blocks immediately south and east whose populations changed from predominantly white in the 1930 census to predominantly Black in the 1940 census. Other white men came to Black Harlem for nightlife and vice. -
1
2022-12-03T17:44:02+00:00
In Washington Heights court on March 20 (30)
16
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2024-01-25T21:42:41+00:00
Thirty of those arrested during the disorder appeared in the Washington Heights court on March 20. Magistrate Ford adjudicated over 80% of those prosecutions, twenty-five of the thirty. He rendered verdicts in most cases, convicting nineteen men and discharging four others. That was far more cases than Magistrate Renaud decided in the Harlem Court that day, in large part because those arraigned in the Washington Heights court faced less serious charges. That difference was also apparent in the small number of people Ford sent for trial on misdemeanor charges in the Court of Special Sessions, just two men, and the lack of anyone charged with a felony referred to the grand jury. The remaining four men and one woman he remanded in custody on bail. Those hearings were reported in all Harlem’s white newspapers, but not in Black newspapers, which did not report the disorder until March 30, when they reported later court appearances. The newspaper stories varied in detail, with most only offering general accounts in less detail than they reported the hearings in the Harlem court.
Only the New York Evening Journal, New York Sun, and New York Post provided specific descriptions of the scene at the court. All three noted the building was “heavily” guarded by police. The New York Sun added the details that “Policemen were stationed at all corners surrounding the building, in the corridors of the building and in the court. Forty were on duty.” Typically, the details published in the New York Evening Journal were more sensational as well as describing more police, "53 policemen, nightsticks in hand, patrolling the block," thirty more hidden in a nearby garage, three emergency wagons on hand, and a few policemen stationed on the courthouse roof. The Home News, Daily News, New York Times, New York Post, and New York American offered generalizations about the scene at both the Washington Heights and Harlem courts which described the presence of police keeping crowds away from the building. Given that the stories in which those descriptions appeared focused on events at the Harlem court, they are entirely reliable as evidence of the scene at the Washington Heights court.
No newspaper stories gave details about the crowd size. The only mention of the crowd’s behavior was the general statement in the New York Times — “There was considerable grumbling, some shouting of threats, but no violence” — that fitted other evidence of the crowd at the Harlem court. There were also no photographs published of prisoners arriving at the court, as there were of those scenes at the Harlem court.
Only the Home News and New York Herald Tribune published lists of those being arraigned, neither of which was complete (the list of those arraigned published in the New York Evening Journal appeared to include only those who appeared in the Harlem court, although the copy of this story examined for this study was incomplete). The list in the Home News was more complete than its list of those arraigned in the Harlem court, including twenty-five of those who appeared, omitting only one man remanded on bail and, as had the Harlem list, those the magistrate discharged. However, the list included details of alleged offenses for only five men and one woman, all those either remanded on bail or sent to the Court of Special Sessions included in the list. Only the name, age, and address of the nineteen men convicted was provided. The list in the New York Herald Tribune likewise provided only those details, for fifteen of the nineteen convicted, adding the length of their sentences. That story provided details of the alleged offenses of two additional men convicted by Magistrate Ford, the first two men who appeared in court. It omitted two of those convicted (Salathel Smith and Walter Jones) and made no mention of the cases on which the Home News focused attention, the men and women remanded or sent for trial, while following that publication in not mentioning the four men the magistrate discharged.
There were no cases in the Washington Heights court that attracted reporters as the arraignment of the five alleged Communists in the Harlem court did. The New York Post mentioned the details of one case in its summary account, a man “held in $1,000 bail for stealing a can of coffee from a windowless grocery store.” That man was likely Raymond Taylor, the only one of the three men who allegedly took goods from a grocery store arraigned in the court for whom Magistrate Ford set bail at $1,000 (although none of the other sources that mention Taylor specify that he took coffee). It is not clear why the reporter singled him out for mention.
The other detail that the New York Post reported was that “Up to noon, only four of the persons arraigned in both courts had been discharged. All four of these cases were at Washington Heights.” Those four men were the only prisoners Magistrate Ford discharged. That he discharged prisoners was also mentioned in the New York Sun. That story noted that “Of the first nine arraigned at this court, all charged with disorderly conduct, three were discharged; the others were found guilty and given the alternative of paying a fine of $25 or serving five days in jail.” The Washington Heights court docket book recorded the outcome of those prosecutions slightly differently: Ford discharged three men among the first nine arraigned, but convicted only five of the others. He sent the other man, Lamter Jackson, the eighth arraigned, for trial in the Court of Special Sessions. These were the only stories to mention that any of those arraigned had been discharged.
Those stories gave a misleading picture of the hearings as a whole. The focus on the number of men discharged, and on the first men arraigned, in those stories suggests that the reporters left the court before all those arrested in the disorder had been arraigned. The Daily News reporter likely remained longer, as the newspaper’s story identified that what distinguished the hearings in the Washington Heights court overall was that “Magistrate Michael A. Ford meted out punishment in a majority of cases brought before him.” Where Renaud convicted only 8% of those who appeared before him, Ford convicted almost two-thirds, 63%. That difference was the result of those arraigned in the Washington Heights court facing less serious charges. However, as those convictions were reported without details, just what those convicted had allegedly done is unknown. (Although the statement that “In most instances, the cases were set over for further hearings” in the New York American came directly after a reference to the Washington Heights court being heavily guarded, it likely referred to outcomes in the Harlem court.) The only other reference to arraignments in the Washington Heights court was in the Daily Mirror, which noted that “40 of the 89 arrested during the night were dealt with later in the day,” and “16 pleaded guilty of sabotage charges and received sentences of varying degrees.” None of those details align with the legal records: only thirty of those arrested appeared in the court; one hundred and six of those arrested appeared in court on March 20; no one pleaded guilty.
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1
2023-02-03T21:34:28+00:00
Dodge announces grand jury hearings, March 20
15
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2024-01-23T19:55:02+00:00
District Attorney William Dodge’s statement that he was having the grand jury investigate the disorder was reported widely:
The Mayor communicated with me last night and at his request I will immediately present to the Grand Jury the evidence I have procured in connection with the riot. My purpose in presenting the matter at once is to let the Communists know that they cannot come into this country and upset our laws. From my information, Communists distributed literature and took an active part in the rioting.
The three-sentence statement was quoted in full by the Home News and New York Herald Tribune. Three other papers, the New York American, New York Post, and New York Times paraphrased the mention of the mayor’s request and quoted the two sentences blaming Communists for the disorder. The New York Sun, Daily Mirror, New York Evening Journal, and New York World-Telegram, as well as the Daily Worker, quoted only the second sentence, Dodge’s statement about his purpose in starting the investigation was to send a message to Communists. The Times Union reported Dodge had begun an investigation without mention of his statement.
Only a small proportion of those publications reported any details of the proposed investigation. The New York Post and Times Union mentioned the number of subpoenaed witnesses. The Times Union explained the delayed start as the result of “the great number of suspects being questioned by police, wide-spread complaints and the mass of information confronting officials.” Another explanation was offered in the New York Post: “the detail involved was so great that the evidence could not be presented to the Grand Jury today.” The New York Sun reported that “the policemen and citizens needed as witnesses were unable to appear, being busy in other courts as the prisoners arrested during the riot were being arraigned.”
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1
2021-10-14T12:36:57+00:00
Castle Inn saloon windows broken
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2024-01-18T20:31:10+00:00
The Castle Inn saloon at 161 Lenox Avenue, between West 117th Street and West 118th Street, is one of the businesses in a list of those with broken windows made by a reporter for La Prensa after he walked along West 116th Street, Lenox Avenue, and West 125th Street on the day after the disorder. The saloon was one of at least six businesses that responded to that damage by displaying signs identifying it as a "colored" business, according to another story published in La Prensa. Such signs were not an effort to establish a racial divide in the neighborhood, to segregate Black and white residents, as the author of that story claimed, but an attempt to protect stores from being the target of violence, according to stories in the Home News, New York Evening Journal, New York Times, New York Post, New York World-Telegram, and Afro-American. Those in the crowds on Harlem's streets appear to have largely avoided attacks on Black-owned businesses: only five appear in the sources as having windows broken. In the case of the saloon, as happened with the Williams drug store, the signs may have limited the damage and prevented looting. There are no Black-owned businesses among those identified as having been looted. However, it is possible that the Castle Inn was not a Black-owned business. The MCCH business survey undertaken after the disorder recorded the saloon as having white owners. A notice of a liquor license published in the New York Age in November 1934 identified the owner as John Diodato.
Two other business just near the saloon appear in the La Prensa reporter's list of those that had broken windows, a branch of the Wohlmuth Tailors chain at 157 Lenox Avenue and a billiard parlor at 151 Lenox Avenue. Additional businesses in the area also likely had broken windows as the La Prensa reporter concluded the list by noting that it did not include those that had only suffered minor damage ("y otras mas que por ser los danos ocasionados relativamente pequeños no creimus de interes catalogar entre los establecimientos ya mencionados").
No one arrested during the disorder was identified as having broken the store's windows. -
1
2020-04-14T19:40:29+00:00
Fifth Avenue Coach Company bus hit by rocks
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2024-01-24T18:33:55+00:00
A Fifth Avenue Coach Company bus was struck by rocks at 127th Street and Seventh Avenue about 11:00 PM. None of the passengers was injured, according to the New York Times, the only source to report the attack.
Groups of people had been breaking windows around this intersection since not long after 8:30 PM. Even after the arrival of police around 9:30 PM, those attacks continued, with incidents of looting beginning around 10:30 PM. Groups of residents were also on the street by that time. The turn to throwing objects at the bus was more likely an extension of the attacks on white businesses than an attempt to injure the passengers on board. Speaking to reporters the day after the disorder, Rev. Adam Clayton Powell of Abyssinian Baptist Church singled out the Fifth Avenue Coach Company as an example of the "continued exploration of the Negro [that] is at the bottom of all this trouble." The company refused to employ Black staff on buses running through Harlem. Given that reputation, the bus company, not those on the bus could have been the targets. However, doing so risked hitting Black passengers, given that the bus route ran through the heart of Harlem.
On the other hand, most of the vehicles that traveled on 7th Avenue would have had white drivers and passengers. They may have become targets as those on the streets encountered fewer white men and women on the sidewalks. Seventh Avenue was the most heavily trafficked roadway north of 59th Street, a major route in and out of the city. While Black residents owned and drove cars, automobiles and other vehicles with white drivers made up most of the traffic that passed through Harlem. White passengers may have been the target of the attack on a Boston-bound bus two blocks to the south. Joseph Rinaldi, a white passenger on that bus, was the one person on board who was injured. Reports of the attack did not mention any Black passengers. All but one of the other vehicles reported as being hit while on 7th Avenue had white drivers. The one exception was Fred Campbell, driving to his barber shops.