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Harlem in Disorder: A Spatial History of How Racial Violence Changed in 1935

"Police Guard Against New Uprising as Mayor Acts to Probe Race Riot," Home News, March 21, 1935 [clipping]

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Harry Gordon arrested Around 6.30 PM, Patrolman Irwin Young arrested Harry Gordon, a twenty-year-old white student on the north sidewalk of West 125th Street near 7th Avenue. Gordon had climbed a lamppost to speak to the crowd that police had pushed east, away from Kress’s store; Young pulled him down. The Patrolman alleged that Gordon then grabbed his nightstick and hit him with it; Gordon denied doing anything. Young and other officers dragged Gordon thirty feet to a police radio car and drove him to the police station on West 123rd Street, he told a public hearing of the MCCH.

As soon as the radio car reached 7th Avenue, out of sight of the crowd on 125th Street, Gordon told the MCCH hearing that the police officer driving “Go ahead and hit him’ to the officer next to him, and both men “poked him in the ribs and kicked him.” When the car got to the station, Young pushed him up against the wall of the station and clubbed him in the stomach. Police officers continued to beat and kick Gordon when he was put in a cell, taken upstairs for questioning and fingerprinted. As a result of these attacks, Gordon testified, “I had two black eyes. Had bumps on my head. My shins were bruised.” When he was bailed and released forty-eight hours after being arrested, his lawyer described Gordon’s face as “entirely discolored,” so much so that he took Gordon to his home so his mother would not see his injuries, he told the public hearing. The man identified as Gordon has no visible injuries in photographs taken a few seconds apart published in the Daily News and New York Evening Journal that purported to show him and the three other white men police arrested in front of Kress’ store on their way to the Harlem Magistrates Court. However, one of the men is only partly visible, behind the other three, and could be injured. The caption to the Daily News photo suggests otherwise, labeling all the men "unmarked by the race riots."

Gordon was among the group of around eighty-nine arrested put in a line-up and questioned by detectives in front of reporters downtown at Police Headquarters on the morning of March 20, before being loaded into patrol wagons and taken back uptown to the Harlem and Washington Heights Magistrates Courts. Gordon was brought to the platform together with Daniel Miller and the three Young Liberators arrested at other times protesting in front of Kress's store, a New York Herald Tribune story noted, with police presenting the group as acting and arrested together. However, Gordon's actions overshadowed the larger group in stories about the line-up. While Gordon stood on the "klieg-lit platform," Captain Edward Dillon questioned him about his role in the disorder in an exchange reported in three newspapers. The briefest mention appeared in the Daily Mirror, which reported the details of the setting, but only that "under the grilling conducted by Acting Capt. Edward Dillon" Gordon declared "I am a student at City College of New York" and "refused to answer further questions." The reporter described Gordon's manner as "defiant." Other reporters conveyed a similar judgment in their portrayals of Gordon. The New York Herald Tribune described him as "a tall, lanky youth [who] thrust one hand in his pocket and struck an orator's attitude" during the questioning; the New York Sun described his pose as "Napoleonic." Neither of those stories mention Gordon identifying himself as a student; they instead quote him as refusing to answer questions until he saw a lawyer; the New York Sun reported Gordon as saying:
"I have no comment to make until I see my lawyer. I understand that anything I might say would be used against me."

"If you are not guilty why do you want to see a lawyer?" he was asked.

"I know all that," he replied with a wave of his hand "But I won't talk until I see my lawyer."
The Daily Mirror concluded that Gordon, in responding as he did, "had practically declared himself the inciter of the night's rioting" and the leader of the four others arrested at the beginning of the disorder. Gordon himself, testifying at the MCCH hearing, set himself apart, as a passerby who had attempted to urge the crowd to go to the police for information. Inquiries by reporters from the New York Evening Journal found no evidence that Gordon was a City College Student, with the New York Herald Tribune reporting Dean Morton Gottschall did not find him in college records. The New York Evening Journal did confirm that he lived in the Bronx, at 699 Prospect Avenue.

Gordon did not appear in the MCCH transcription of the 28th Precinct Blotter, nor did Miller and the two white Young Liberators arrested in front of Kress’ store. 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.

Gordon appeared in the Harlem Magistrates Court on March 20, shortly after Daniel Miller and the three Young Liberators with who police had grouped him. The charge recorded in the Magistrates Court Docket book was assault, which was the charge reported by New York American, New York Evening Journal, New York Times and New York Herald Tribune. A second list in the New York Evening Journal, a later story in the New York Herald Tribune, and the New York Amsterdam News, Daily Mirror and New York Sun reported Gordon had been charged with both offenses. The Home News, New York Post, New York World-Telegram, New York Age, and the list published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, reported the charge against Gordon as inciting a riot.

The mistaken information about the charge could result from police continuing to group Gordon with the Miller and the three Young Liberators when he appeared in court. the Am, HN, NYHT, and NYT all described the men as the "ringleaders" of the disorder, which was likely the term police used, in stories on the court appearances. However, while the DN, HT, and DM included all five men in that group, the Am, HN, and NYT omitted Gordon. That difference appears to have resulted from Gordon being arraigned separately from Miller and the other three men. That separation was likely because he was charged with assault, the other men with riot, and the officer listed as arresting Gordon was Patrolman Irwin Young not Patrolman Shannon, the arresting officer recorded in the Harlem Magistrates Court docket book for Miller and the three other men.

The Daily Mirror claimed Gordon was heard separately when he indicated that he would produce his own lawyers." While being held, Gordon testified, he had not been not allowed to contact a lawyer or his family and was not fed until he had been in custody for more than twenty-four hours and had been arraigned in the Magistrate's Court. In the courthouse on March 20, Gordon was able to make contact with an ILD lawyer, Isidore Englander. The attorney testified that while he was speaking with Frank Wells, who he had learned had been arrested, he saw Gordon, who he claimed not to know, and spoke with him after his arraignment. Gordon asked him to communicated with Edward Kuntz, another ILD lawyer, whose son Gordon testified was a friend. Kuntz would represent him in subsequent court appearances. After Gordon was taken away, Englander heard him scream, the result, Gordon claimed, of being beaten again by police officer. The attorney made no mention of the visible injuries on Gordon’s face that Gordon and Kuntz described in their testimony.

Magistrate Renaud remanded Gordon to reappear on the March 25, on a bond of $1000; the magistrate also remanded the other four alleged Communists, but for them set the maximum bail of $2500. Around forty-eight hours after Gordon’s arrest, at 1 AM, Kuntz told a public hearing that he secured bail for Gordon, who was released from prison.

Gordon returned to court on March 25, at the same time as Daniel Miller and the three Young Liberators, but there his treatment further diverged from them. While Renaud discharged the other four men as they had already appeared before the grand jury and been sent for trial, the magistrate again remanded Gordon, to appear on March 27, with the New York American and Home News reporting that police were planning to submit evidence to the grand jury seeking to have him indicted. (The only other newspaper to report this appearance was the New York World-Telegram). That effort was unsuccessful. When Gordon appeared again in the Magistrates Court, the ADA reduced the charge against him from felony assault to misdemeanor assault; in the Harlem Magistrates Court docket book a clerk struck out Fel[ony] Ass[ault] and wrote "Red[uced] to Simple Assault misd[emeanor]." Kuntz claimed credit for the reduced charge when he questioned Gordon about this legal proceeding in a public hearing of the MCCH. While Gordon testified that the ADA had said he was doing Gordon a “favor” by withdrawing the assault charges, Kuntz drew out that his cross examination of Patrolman Young established that the officer did not go to a doctor or a hospital, so did not suffer injuries justifying a felony charge, or even simple assault. He also testified that a new charge of unlawful assembly, the misdemeanor form of riot, had been made against him at that hearing, information not mentioned in any other sources. Magistrate Renaud transferred Gordon to the Court of Special Sessions for trial on the reduced charge, a decision reported only in the New York Amsterdam News, New York Times and New York Herald Tribune.

For some reason, the trial did not take place for almost eight months. Sometime in early November the judges convicted Gordon and sentenced him on November 15. Arthur Garfield Hays, who had chaired the MCCH hearing at which Gordon testified, wrote to the Chief Judge of the Court of Special Sessions on November 13 after hearing of the conviction, the only evidence of that outcome. Expressing surprise about the conviction, Hays urged that Gordon be given a suspended sentence as he was "certainly not a criminal and was exercising what he deemed to be his right of free speech." Judge William Walling responded, telling Hays that he "did not have all the facts." As far as the judge was concerned, "There was not the slightest doubt but that Gordon assaulted the officer who was in uniform. Thereafter, of course, the officer hit back and subdued Gordon." That assessment made it unlikely Walling and his colleagues would have imposed the suspended sentence Hays favored. However, what sentence they imposed on Gordon is unknown.
Black-owned business signs (6) 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 the phrase 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 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 later seems more likely. The signs in Winnette’s Dresses photographed after the disorder had 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, not only Black-owners 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, the Afro-American and Norfolk Journal and Guide reported they were among those damaged.

A further set of store-owners' responses are 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, that 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 business' 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 that suffered damage and looting, and 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.
Looting of Black-owned businesses (?) While five black-owned businesses are reported to have had their windows broken, there are no reports of any Black-owned businesses having merchandise taken. Roi Ottley, in his column in the New York Amsterdam News specified that it was looting not damage that Black-owned businesses avoided: “The marauders, although without leadership, followed a studied program of exclusively looting white businesses.” He expressed the same assessment in more direct terms a week later: "The amazing discrimination manifested in deliberately choosing only stores owned by white people to loot...certainly indicated the direction the protest took...Years of pent-up emotion and resentment flashed their fangs in bitter opposition to the economic inequality imposed on a normally peaceful people." A story in the Atlanta World also specified that it was "stores belonging to white merchants" that were looted. Only one newspaper explicitly contradicted that claim, the Norfolk Journal and Guide, which reported that "Some Negro establishments were among the 200 which lost their plate-glass windows and had the window contents looted." The New York Evening Journal also reported that "All the stores were raided and their fixtures smashed,” but once Black-owned businesses identified themselves with signs, "Those owned by Negroes, in most cases, were not broken into. The rioters concentrated on others." Staff and storeowners put up signs in their windows identifying their business as “Colored,” “Black,” and “This Store Owned by Colored,” according to the Afro-American. 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 published in the Afro-American. Most reported looting occurred some time after attacks on store windows, so the attacks that signs displayed in response to windows being broken would likely have prevented would have involved looting.
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The MCCH Report was alone in positing the reverse chronology of when Black-owned business were targeted: "While, of course, many motives were responsible for the actions of these crowds, it seems that as they grew more numerous and more active, the personality or racial Identity of the owners of the stores faded out and the property itself became the object of their fury. Stores owned by Negroes were not always spared if they happened to be in the path of those roving crowds, bent upon the destruction and the confiscation of property." The MCCH "Subcommittee which Investigated the Disturbances of March 19th" had been more definitive in its initial report on May 29, 1935, writing "Nor is it true that stores owned by Negroes were spared. There is no evidence of any program or leadership of the rioters." While the final version of the Report seems to recognize the evidence of Black-owned stores being spared from attack reported in the press, the fading of that distinction over time is not supported by the lack of reported looting. Mentions of Black-owned businesses being spared from attack in the Home News, New York Post, and Afro-American focused on windows being broken, and did not mention looting.

The number, nature and location of those enterprises Black-owned businesses also contributed to them not being looted. The MCCH business survey identified 5971 businesses in the blocks of Black Harlem (110th Street to 155th Street, from east of Amsterdam Avenue to west of Madison Avenue); black-owned business constituted only 1690 (28%) of that total. (The survey was undertaken after the disorder, between June and December 1935, by which time there likely had been some changes in Harlem’s business landscape, but few businesses appear to have been forced to close as a result of the disorder). In categorizing business owners, the MCCH survey used "Spanish" (largely Puerto Rican) and Chinese as well as white and "colored" (and on occasion "Jewish" and "Italian"); as sources on looting emphasized that "Spanish" and Chinese businesses were not spared from attack, they are grouped with white-owned businesses in this analysis.

At least one-third of Black-owned businesses did not offer the food, drink or clothing that appear to have been the primary targets of looting. Beauty parlors and barbers were the most common Black-owned businesses; the 230 beauty parlors and 143 barbers made up more than one in every five (22%) of those businesses. The offices of physicians, dentists and lawyers represented another 10% (177 of 1690) of Black-owned businesses, including ninety-eight doctor's offices, fifty-eight dentist's offices, and twenty-one lawyer's offices. Beauty parlors were an overwhelmingly Black-owned enterprise (89.15%, 230 of 258); in the other groups, Black practitioners represented slightly more than half of the total -- 56.3% (143 of 254) of barbers, 55.06% (98 of 178) of physicians, 54.21% (58 of 107) of dentists and 53.86% (21 of 39) of lawyers -- and well above the overall Black-owned share of Harlem's businesses (28%, 1690 of 5971). By contrast, the types of businesses most often looted less often had Black owners than that overall distribution of ownership, with one exception, tailors: Black owners operated 13.96% of grocery stores (67 of 480); 27.75% of restaurants (101 of 364); 5.88% of liquor stores (2 of 34); 9.94% of clothing stores (17 of 171);14.63% of hat stores (6 of 41); 24.55% of shoe repair stores (41 of 167); 1.39% of shoe stores (1 of 72); 19.53% of laundries and cleaners (91 of 466); and 35.79% of tailors (107 of 299).

In addition to not containing the items looted during the disorder, many of those Black professional offices were located above street level, removed from the disorder. Similarly, a proportion of the beauty parlors operated in apartments, also located above street level. In all, between 125th and 135th streets, on 7th Avenue, fourteen of the one hundred Black-owned business (compared to 6 of 181 other businesses), and on Lenox Avenue, eleven of fifty-five Black-owned businesses (compared to 3 of 112 other businesses) were off the street and away from the disorder.

Moreover, a portion of those businesses were located on cross-streets rather than the avenues which ran north-south through Harlem on which attacks on stores and looting took place. Excluding West 116th, 125th, 135th and 145th Streets (which as both transport arteries and sites for businesses were akin to avenues), 767 of 1920 side street businesses were Black-owned (40%, compared to 28% of the total businesses). They made up 45% of all Black-owned businesses (767 of 1690), compared to 27% of businesses owned by other racial groups (1153 of 4281).

The blocks of the avenues on which looting was reported in particular had few Black-owned businesses. Most looting occurred on Lenox Avenue between 125th and 135th Streets, blocks which had fewer Black-owned businesses – 23% (55 of 236) - than those blocks on 7th Avenue to the west – 47% (100 of 212). (Those numbers somewhat exaggerate the possible targets of looting as almost one third of those businesses on 7th Avenue (32 of 100) and 27% (15 of 55) of those on Lenox Avenue were beauty shops or barbers). While a very high proportion of the businesses on 8th and 5th Avenues were also white-owned, there were far fewer businesses on those avenues between 125th and 135th Streets than on 7th and Lenox Avenues: only an average of 13.8 each block on 8th Avenue and 10.375 on each block of 5th Avenue (which had several blocks without any businesses); compared to 20.2 on each block on 7th Avenue and 22.7 on each block on Lenox Avenue. White residents predominatied west of 8th Avenue and east of 5th Avenue, particularly south of 125th Street, while 7th and Lenox Avenues were in the midst of the Black population.

Less looting was reported south of West 125th Street down to West 115th Street, where it was concentrated on 7th Avenue rather than Lenox Avenue. On both avenues there was a smaller proportion of Black-owned businesses than between West 125th and West 135th Streets -- 12.4%, 18 of 145 on Lenox Avenue and approximately 34%, 48 of 141, on 7th Avenue (one side of the street is missing from the survey for several blocks). What focused attention on 7th Avenue in these blocks was its greater number of businesses, on all the blocks down to West 115th Street, whereas Lenox Avenue had few businesses between 123rd and 120th Streets. Reported lootings on Lenox Avenue clustered in blocks which had the highest proportion of white businesses, those closest to the retail centers of 125th Street and 116th Street. South of 125th Street, 5th Avenue was interrupted by Mount Morris Park from 124th to 120th Streets, resulting in a similarly small number of businesses as north of 125th Street. 8th Avenue south of 125th Street was lined with businesses to the same extent as 7th Avenue, none of which were Black-owned (0 of 184), but around those blocks there were diminishing numbers of Black residents.
Windows broken in Black-owned business (8) At least eight Black-owned businesses had windows broken during the disorder, 11% (8 of 72) of the businesses reported damaged. That proportion is far below the share of Harlem's businesses that had black owners, 28% (1690 of 5791) in the area from 110th Street to 155th Street, east of Amsterdam Avenue to west of Madison Avenue identified by the MCCH business survey taken after the disorder. The limited scale of that damage fits with stories in the Home News, New York Post, New York Evening Journal and Afro-American , and Inspector Di Martini's "Report on Disorder" for the Police Commissioner, that the windows of Black-owned businesses were generally not broken. Lieutenant Samuel Battle, New York City's most senior Black police officer, asked in the MCCH's first public hearing on March 30, 1935 if the crowds made any distinction between white-owned and Black-owned stores, insisted that Black-owned businesses did have windows broken, but then qualified the extent of such attacks: "In many cases, if they knew it was colored, they passed the shop up." James Hughes, a twenty-four-year-old Black shoe repairer, who was part of the crowd at West 125th and 8th Avenue around 10 PM, also told a Probation officer that those around him were breaking windows "where no colored were employed."

"Fully 30 of the store fronts shattered in Harlem were in Negro establishments," white journalist Edward Flynn claimed in a story in the New York Evening Journal focused on Communist activities in Harlem. In arguing that "the riot [was] conducted on the best Communist lines," the reporter pointed to how "the Negro merchant's property was destroyed as well as that of the white." Three Black-owned businesses close together on 7th Avenue that had windows broken were identified in the story. Battle's Pharmacy on the northwest corner of 7th Avenue and West 128th Street was mentioned together with the Williams drug store, across 7th Avenue on the southeast corner of 128th Street. "Both of these stores were damaged by the rioters although virtually everyone in Harlem knows who operates them." The third store was the Burmand Realty office at 2164 7th Avenue, two buildings north of the pharmacy. Not mentioned in the New York Evening Journal story was the Cozy Shoppe restaurant at 2154 7th Avenue across the street from Williams drug store which had a sign on its window identifying it as Black-owned, and had no windows broken. If the number of Black-owned stores with broken windows did total thirty, that would amount to approximately 10% of those damaged, a little over one third of the proportion of Harlem's businesses that were Black-owned. That disproportionate share of the damage does not suggest indiscriminate attacks on store windows.

A claim of more extensive damage to Black-owned businesses, that "forty windows were broken in the exclusively Negro section [of 8th Avenue] north of 130th Street,” did appear in a story published in the New York Herald Tribune. However, that story misrepresented those blocks of 8th Avenue; the MCCH business survey showed they were still predominantly populated by white-owned businesses. The character of the street did change, but from 92.5% (74 of 80) white-owned businesses from 125th to 130th Streets, to 71% (34 of 48) white-owned businesses from 130th to 135th Streets and 74% (65 of 88) white-owned businesses from 135th to 140th Streets. The one arrest in this area for allegedly breaking windows, of Henry Stewart, involved a white-owned business, a meat market at 2422 8th Avenue, between 130th and 131st Streets. If there were another thirty-nine windows broken in this area almost all were likely also in white-owned businesses. However, that number seems exaggerated, as Inspector Di Martini's "Report on Disorder" estimated only eighty-five broken windows in total north of 130th Street, in the 32nd Precinct that also covered 7th, Lenox and 5th Avenues.

The MCCH Report did also seek to emphasize that damage was done to Black-owned businesses rather than how many were spared damage. It only implicitly recognized that those on the street chose their targets, casting that behavior as present only early in the disorder, giving way to more indiscriminate violence, cast as more important to understanding the events: "While, of course, many motives were responsible for the actions of these crowds, it seems that as they grew more numerous and more active, the personality or racial Identity of the owners of the stores faded out and the property itself became the object of their fury. Stores owned by Negroes were not always spared if they happened to be in the path of those roving crowds, bent upon the destruction and the confiscation of property." Unmentioned in the Report is the countervailing development in which, after the initial attacks on store windows, Black-owned businesses identified themselves with signs. The New York Evening Journal, New York Post and Afro-American reversed the chronology presented by the MCCH Report, locating the damage to Black-owned businesses early in the disorder, until signs appeared identifying "Colored Stores," after which they were no longer attacked. The period of indiscriminate violence posited by the Report was also when looting became widespread, according to newspaper narratives of the disorder and reported events. However, there were no reports of Black-owned stores being looted, and New York Evening Journal and New York Post noted that merchandise had not been taken from them, which they attributed to the signs placed on those businesses.

There is no information on when the eight stores were damaged, so no evidence if they fit the picture provided in the MCCH Report. Five of the Black-owned businesses that were reported damaged do not clearly contradict claims that those on the street directed violence at specific targets (there is no information related to Battle's Pharmacy, Burmand Realty or Gonzales Jeweler). The Manhattan Renting Agency storefront was the office of Everard M. Donald, a twenty-seven-year-old Black real estate broker and owner of a chain of barbers, but also where Hary Pomrinse, a sixty-six-year-old Jewish real estate broker did business. A similar ambiguity surrounded the ownership of the grocery store that had windows broken, a Peace Market operated by followers of Father Divine, a Black religious leader whose theology and claim to be God in a body drew criticism from Harlem's black clergy and leaders. The Peace Food Market name and sign would have identified the store as not being a white-owned business, but Divine's Peace Mission had white members in its Harlem ranks, historian Judith Weisenfeld has shown. That interracialism that may have made the store a target; so too might the controversy Divine provoked within Harlem's Black community.

The nature of the damage done to the other three Black-owned businesses reported to have had windows broken offers another manifestation of how confusion over the ownership of stores, rather than disregard for it, produced attacks on stores. After the front windows of the Williams Drug Store facing 7th Avenue were broken, the owner wrote “Colored Store, Nix Jack” on the side windows on West 127th Street. Those windows were not damaged. Two other businesses that a La Prensa reporter recorded as having damaged windows, a billiard parlor and the Castle Inn saloon on Lenox Avenue south of 125th Street, also put up signs, according to another story in La Prensa. That reporter did not appear to understand the intent of the signs, seeing them as an effort to establish a racial divide in the neighborhood, to segregate Black and white residents, and did not relate them to the damage suffered. However, as the reporters could see the signs as well as broken windows, those stores too had been able to prevent extensive damage by identifying themselves as having Black owners. Other businesses also put up signs, and at least three suffered no damage. The success of that strategy suggests that broken windows in Black-owned businesses resulted from ignorance of who owned them, produced perhaps by residents joining crowds that moved beyond the areas where they lived. Edward Flynn, a white journalist writing for the New York Evening Journal, insisted that "virtually everyone in Harlem knows who operates [Battles Pharmacy and Williams drug store]," which nonetheless had windows broken. While he was certainly right about those who lived nearby or passed by that section of 7th Avenue, it is less clear how widely that knowledge would have been shared by those who lived and spent their time in other areas of the neighborhood and found themselves part of crowds moving up the avenue. Although the MCCH business survey found only six other black-owned drug stores in Harlem, compared to 116 white-owned stores, neither business advertised extensively nor were pharmacies and drug stores unusual enough to make them widely known to the changing population of the neighborhood who largely frequented drug store chains.
Charles Saunders arrested Around 2 AM, as Detective Jeremiah Duross of the 6th Division drove a police car on 7th Avenue, the sound of breaking glass drew his attention to a group of people in front of Ralph Sirico's shoe repair store at 1985 7th Avenue, according to a Probation Department investigation report. The store windows had been damaged earlier, between 11.30 PM and midnight, the superintendent of the apartments above 1985 7th Avenue, Mr C. T. Berkeley, reported. As the detective pulled his car up next to the store, the crowd in front of it scattered. He leapt out of the car and claimed he saw Charles Saunders, a twenty-four-year-old Black unemployed elevator operator jump out of the store window and run down the street. Duross gave chase and arrested Saunders, who he claimed had been drinking and had a fresh cut on his hand, which he implied had resulted from breaking glass in the window.

Saunders offered a different account than Duross, according to the Probation Department investigation report. He lived nearby, in a furnished room at 1967 7th Avenue a block south of the store, with his wife Anna Gregory. Around midnight, Saunders left home to buy cigarettes. Walking toward a crowd in front of Sirico's store, he saw shoes and hats being thrown through the broken window on to the street, where people in the crowd were picking them up. Saunders claimed he followed the lead of those around him, and picked up a pair of shoes, cutting his hand on glass on the street in the process, and headed home. At that point Duross arrested him. Saunders denied having been drinking; the detective said Saunders did not have a pair of shoes in his hands when arrested.

In fact, it seems that Duross did not find anything from the store in Saunders' possession, as none of stolen goods were recovered, according to the Probation Department investigation report. Nonetheless, Saunders appears to have been charged with taking all the goods that the report recorded Sirico said had been stolen: "18 or 20 hats which had been cleaned and blocked by him; about 25 pair of shoes which he had repaired; 5 or 6 pairs of unfinished shoes; one dozen leather soles; two and a half dozen rubber heels and a quantity of polish and shoe laces," with a total value he estimated as $66.75. While the District Attorney's case file is missing, the Probation Department investigation report summarizes the indictment against Saunders as accusing him of taking merchandise worth $66.95. The two newspaper reports of the case are less specific, with both the Home News and Daily Worker reporting the charge as stealing "several pairs of shoes."

Saunders is included in the lists of those charged with burglary published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. He appeared in the Harlem Magistrate's Court on March 20, at which time Magistrate Renaud held him on $1000 bail to reappear, an outcome recorded in the docket book and reported only in the Home News. When Saunders was brought back to the court on March 22, detectives presented bench warrants indicating that the District Attorney had already filed an indictment against him. Magistrate Renaud consequently dismissed the charges against Saunders so the detectives could rearrest him, as happened with two other men, James Hughes and Isaac Daniels, an appearance reported in the Home News and New York Post. With the District Attorney's file missing, the date the grand jury indicted Saunders is unknown; it would have been several days prior to April 1, when Saunders appeared in the Court of General Sessions to plead guilty to petit larceny. That plea bargain is at odds with the statement in the report that none of the stolen property had been recovered. A district attorney generally offered it to those indicted for burglary after the disorder found with stolen goods in their possession; those found with nothing in their possession, as the Probation Department investigation report implied Saunders was, generally pled guilty to unlawful entry.

Immediately prior to Saunders appearing for sentencing in the Court of General Sessions on April 12, the Probation Department notified the judge of a letter from the Savannah Juvenile Court stating that Saunders' older sister Vable Greatt had offered to provide a home for him in Savannah, Georgia, and the Juvenile Court Probation Department would assist in his supervision, should the judge place him on probation. After a delay, presumably to confirm those arrangements, Judge Nott gave Saunders a suspended sentence and placed him on "indefinite" probation on the condition he go to Savannah (the 28th Precinct Police Blotter recorded only the suspended sentence, not the probation). Of the nine other men sentenced in the Court of General Sessions, only Arnold Ford was also placed on probation. Both men remained under supervision for the maximum period of three years, until 1938.

Saunders told a Probation officer that he had been born in Dublin, Georgia, the youngest of six children. His mother died when he was five years of age, and around that time he and his family moved to Savannah. After leaving school at age thirteen, Saunders did odd jobs and worked with his father, a carpenter. In 1929, his father remarried, and Saunders decided to go to New York City, where his brother Albert and sister Lola lived. After eighteen months living with Albert at 215 Edgecombe Avenue and working as a porter in a barber's shop at West 135th Street and 7th Avenue, ill-health forced him to return to live with his sister in Savannah for six months. Returning to New York City in 1931, Saunders lived with an aunt at 162 West 143rd Street until May 1933, when he met and then moved in with Anna Gregory. The Probation Department investigation report described her as "separated from her husband"; a letter in the file from the Brooklyn Association for Improving the Condition of the Poor, to who the Family Court had referred Gregory in 1922, said her husband had abandoned her, leaving the state with funds provided by his mother. Saunders and Gregory were "known as man and wife," the Probation officer reported. In the fluid marriage patterns still practiced in working-class communities such informal relationships were not uncommon but the Probation Department did not recognize them, instead describing Gregory as Saunders' "mistress" and "sweetheart." Dr Charles Thompson of the Court's Psychiatric Clinic also saw a problem in Gregory being ten years older that Saunders, labeling him as immature for looking to her "for direction." In response to questions by a Probation officer, Gregory described Saunders as a good provider and their life as "harmonious."

Gregory worked as a laundress, Saunders in a barber's shop at 142nd Street and 7th Avenue, then part-time for a moving company based at 143rd Street and 7th Avenue, and beginning in September 1934 as an elevator operator at 385 Edgecombe Ave. After living for two years at 268 West 146th Street, the couple moved to 1967 7th Avenue in December 1934. Two months later Saunders lost his job after a dispute with the new building superintendent; the management company fired the superintendent soon after, and told a Probation officer that they saw him not Saunders as at fault. That fitted with the opinions of Saunders' employers and co-workers, which the Probation officer summarized as considering him honest, industrious and dependable; he and Gregory were similarly "well regarded" by their neighbors. The Probation Department investigation report followed Dr Thompson's examination report in attributing his alleged looting to "mob spirit." Thompson explained that concept as being "in company with several others under the influence of prejudice and aggressiveness," in the case of events in Harlem against "a background of racial antagonism, occasioned largely by the present lack of employment." Saunders' sister Vable Greatt explained his alleged looting, according to a letter from the Savannah Juvenile Court, as probably a result of him becoming "pretty well discouraged in his search for work," a "spiritual condition [that] caused him to fall to the temptation to steal."

While a good reputation and steady employment would have helped make Saunders a candidate for probation, Judge Nott's decision appears to have been largely a response to an offer from his sister and Savannah Juvenile Court Probation Department to supervise him. His sister Vable followed through on that offer, sending funds for Saunders' railway fare to Savannah; the Juvenile Court Probation Department did not do their part. Saunders' Probation officer's letters to his Georgia colleagues went unanswered for six months. During this time his only news of Saunders were reports he mailed weekly, using a form and stamps sent to him by the department. Soon after Saunders arrived in Savannah his sister became very sick, causing him to move in with his brother. In perfunctory answers to the questions on the form, he reported being unemployed, and involved in no education or social activities other than attending weekly services at a Protestant church.

As an alternative to the Juvenile Court, the Probation Department secured the help of the Savannah Family Welfare Society. Their worker's investigation in February 1936 solicited a very different picture of Saunders' life in Savannah from his sister and sister-in-law than he provided in his reports. Both complained he "never stayed home at night," was "drunk most of the time" and had become "lazy and shiftless," not willing to "keep a job when given one." The caseworker did not interview Saunders himself. The Probation Department responded by writing directly to Saunders, warning that his behavior was in violation of the terms of his probation, and the judge could take "disciplinary action" against him unless he improved his conduct and made "diligent efforts to obtain employment." They also requested the Savannah Family Welfare Society let Saunders report to them in person. In August 1936, Mrs Mamie Belcher, a caseworker, began countersigning Saunders' reports. The Society reported "no further complaints" about his behavior, which the Probation Department took to unambiguously mean Saunders had changed his behavior. In June 1936, Saunders relocated to live again with his sister Vable. It took six more months before he found work, at a box manufacturing company. Nothing else changed in his answers on the report form until after a lapse in reporting in May 1937, when he wrote that he had moved to live with his sister Lois, who had returned from New York City. Only in Saunders' Discharge from Probation did the Probation officer mention that this change in circumstances came after his sister Vable was killed in a car accident. By the end of 1937 Saunders had moved back in with his brother and begun working irregularly as a stevedore.

Throughout his time in Savannah Saunders appears to have remained in contact with Anna Gregory. She came to the Probation Department at the end of 1935 concerned that he had been warned that his sentence could be reviewed if he failed to report regularly and seeking to have him return to the city. When Gregory applied for Home Relief, she described Saunders as her husband, prompting the Emergency Relief Bureau to contact the Probation Department in May 1937, who in turn sought information from Saunders about whether the couple had formally married. In the Discharge from Probation, the Probation officer described Saunders as "discontented as he missed New York, and Mrs Gregory, his mistress," information apparently passed on by the Savannah Welfare Society. Their caseworker also reported in January 1938 that Saunders' sister Lois "was anxious to have Charles return with her to New York." The Probation Department wrote to the Society, to Saunders and to his brother immediately before the end of his probation in April 1938 urging that "his best interests will be served" by remaining in Savannah. They also asked Saunders to advise the department of his plans. He did not reply. There is no evidence of what Saunders chose to do.
Thomas Jackson arrested Around 1.45 AM, Patrolmen Kalsky and Holland of the 28th Precinct saw a group of people around Jack Garmise's cigar store at 1916 7th Avenue, and then a milk can thrown through the plate glass windows. In the Magistrate Court affidavit, Kalsky alleged that he saw Thomas Jackson, a thirty-four-year-old Black man throw the milkcan. Jackson denied throwing anything at the store, or being part of an attack on it, when question by a Probation officer. Instead, he claimed he was drunk and had been walking along West 116th Street on his way to visit a prizefighter named Leo Williams to collect money he was owed when he had become caught in a crowd moving toward the store. Someone in the crowd then pushed him through the smashed window. Throwing such a large object would have been more difficult for Jackson than most in the crowd; after an accident in 1930, his left arm had been amputated above the elbow. Kalsky claimed Jackson was sober. He also alleged he saw him reach his hand through the smashed window and take merchandise from the display. He later told a Probation officer that as he approached, Jackson threw “some of the merchandise” back in the window. That phrasing suggests Jackson may not have had any merchandise on him when Kalsky arrested him, as does the district attorney's decision to offer to let him plead guilty to unlawful entry, rather than petit larceny, as others arrested for looting who made plea bargains did. The other officer, Holland, arrested Raymond Easley, a twenty-one-year-old Black man. He allegedly took cigars from the store window, according to a report in the Home News, wording that suggests the officers reported seeing him reaching into the window and found cigars in his possession. Holland also found a razor in Easley's possession. (Easley is not mentioned in the affidavit in the District Attorney’s case file in which he and Jackson are co-defendants, nor does the file include an examination of him. The only document in the case file referring to Easley is a criminal record; he had no previous prosecutions). Two arrests at the same incident of alleged looting was unusual during the disorder, suggesting that the officers were closer to the store than in other instances, perhaps only having to cross West 116th Street rather than 7th Avenue.

In addition to legal records, Jackson appears in newspaper reports of different stages of the legal process, few of which offered any details. His name is listed among those arrested in the Afro-American, Atlanta World and Norfolk Journal and Guide, and in the New York Evening Journal. Only the Home News reported his arraignment in the Magistrates Court, and his reappearance to have his bail continued four days later is reported in only the New York Sun. Jackson's appearance in the Court of General Sessions a few days later to plead guilty attracted more coverage, in the New York Daily News, New York Herald Tribune, New York Post, New York Times, and New York Amsterdam News. The New York Times and New York Evening Journal were the only white papers to report his sentencing to six months in the Workhouse two weeks later, information also published in the New York Amsterdam News, New York Age and Afro-American, and recorded in the 28th Precinct Police blotter.

The Probation Department investigation conducted prior to Jackson's sentencing offers information on his life before his arrest. Born in Manhasset, Long Island, Thomas Dean was five years old when his mother left his father to live with Jonah Jackson. When they married, Thomas took Jackson as his last name. At age ten, Jackson's truancy resulted in his committal to a juvenile asylum in Chauncy for two years. After his release, he returned to live with his mother and finish his schooling in Corona. Soon after leaving school at age sixteen, around 1917, Jackson moved to Manhattan. He found work first for a moving company, and then as a driver for a bottle company on West 35th Street for eight years, before switching to driving a taxi. He told a Probation officer he was twice fined for speeding in 1923, and in 1928 served two days in prison for another traffic offense, offenses that did not appear in his criminal record and did not prevent his ongoing employment. During this time, from around 1920 until 1932, Jackson lived with Rose Repologo, an Italian woman, who the Probation Officer claimed was "an unwed mother who had been a former inmate of St Barnabas House," and who Jackson's sister described as "too good" for him. The couple lived downtown, at 414 West 36th Street, likely when Jackson worked nearby, information only in a second Probation Department investigation in 1940. He also reported being stabbed with a butcher's knife in a fight on West 36th Street in 1924, a detail in the Probation Officer's preliminary investigation not included in the report.

In 1930, Jackson was injured in a street car accident that required the amputation of his left arm below the elbow. Unable to find a job after the injury, Jackson, Repologo and her son were briefly on relief in 1932, by then living at 247 West 115th Street, until the New York Railway paid him $7800 in compensation for his injury. Sometime soon after, Repologo left Jackson. His sister told a Probation officer that after receiving the compensation Jackson "completely ignored" his family and "mistreated" Repologo, as a result of which Repologo left him for another man. The Home Relief Bureau reported Jackson told them that he had deposited $2500 in a bank account in the name of Rose Jackson, and that she had taken the money and disappeared. Early in 1933, Jackson invested $1200 in opening Tom's Confectionary Store in the basement of 270 West 115th Street, down the block from his residence. Setting up a small business was a strategy followed by many other residents of black neighborhoods in the 1930s when faced with unemployment. Jackson also joined many other small business owners in taking the opportunity to participate in Harlem's largest business, numbers gambling. In August 1933 he was convicted for collecting bets on numbers, the result he told a Probation officer in 1940 of having been found in his store with fourteen slips in his possession, sufficient only to result in a fine of $50. By the end of 1933, Jackson's business had failed. A Probation Officer reported the cause as Jackson's "neglect," recording in the preliminary investigation that Jackson claimed his "employees robbed him." The preliminary investigation also notes that the balance of Jackson's compensation payment had been spent on merchandise for the store. Jackson also said "he 'clowned' his way through life and spent most of his money having a 'big time'" in poolrooms, according to the Probation Department Investigation Report.

Soon after being forced to sell his store, Jackson moved in with his half-sister Beatrice Cooper and her family, and applied for Home Relief as part of that household. In 1934 the family lived in a series of apartments on West 118th Street, West 121st Street, and finally outside Harlem on West 99th Street. At the beginning of March 1935, Beatrice's husband John obtained a Work Relief job, and according to the Home Relief Bureau, refused to support Jackson. Jackson and his sister did not get on; a Probation Officer reported that he said that she was "too strict," while she described him as having "treated them with scorn." Relocating back to Harlem, Jackson moved into a furnished room in an apartment at 217 West 121st Street, and then, a day before the disorder, relocated to another at 253 West 121st Street. Unusually for the men arrested for involvement in the disorder, the report from the Psychiatric Clinic offered no explanation for Jackson's participation. Dr Sylvan Keiser described him as a "talkative, cheerful pleasant type of person" "of Average Intelligence."

Information survives on Jackson's life in the five years after his release from the workhouse in 1935 as a result of a subsequent conviction in 1940, which led to him again being investigated by the Probation Department, and that report being added to the file created in 1935. A few days after his release from the workhouse, in October 1935, Jackson was assigned work as a laborer by the Works Progress Administration. That job lasted almost three years, during which time Jackson lived in a furnished room in 154 West 121st Street and then in a rooming house at 2053 7th Avenue. He had little contact with his family; his sister told a Probation Officer that "he has always desired to live alone without restriction." Around 1937 Jackson contracted syphilis, he claimed from a prostitute. In August 1938 Jackson lost his WPA position, according to the Probation Department report, after he returned drunk having left the project without permission and swore at his supervisors and coworkers. A few weeks later, Jackson was arrested for slashing the tire of a taxi, and sentenced to a month in the workhouse. A year later he was back in workhouse, for 90 days, after pleading guilty to perjury and election fraud after being paid to fill in false affidavits related to a primary election. Following his release he worked briefly as an office cleaner and later as a watchman, while receiving relief payments, except for a period when an agent discontinued payments because Jackson supplied false information about his residence. He had left the rooming house for a furnished room in 135 West 119th Street. In October 1940, Jackson was charged with rape. He and two other men allegedly abducted a twenty-nine-year-old Black woman from a bar at West 119th Street and 8th Avenue and took her to his room at 152 West 119th Street, where they assaulted and robbed her. Jackson pled guilty to third degree assault. Examined again in the Psychiatric Clinic, this time Dr. John Cassity found Jackson still an "adjusted personality," although "on a low cultural level in recent months," but also "quite an aggressive individual [who] reacts with violence upon provocation." Judge Jacob Gould Schurman sentenced Jackson to the Penitentiary. He had been released by April 1943, when he registered for the draft, and was living with his sister Dorothy at 37 West 99th Street.
Windows not broken (7) Seven businesses were reported as not having their windows broken. The absence of damage drew attention because of claims that violence had been directed only at white-owned businesses rather than being an indiscriminate attack on property in Harlem. Stories in the Home News, New York Post, New York Evening Journal and Afro-American made the claim that the windows of Black-owned businesses were generally not broken. The newspapers linked black-owned businesses being spared to the appearance of signs identifying them in store windows. "It was significant that almost no windows of Negro-owned or Negro-staffed stores were broken," the white New York Post reporter wrote. "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." Attacks on stores were initially indiscriminate in the account published in the New York Evening Journal, as "the mob made no choice, at first, of victims," "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 Black reporter for the Afro-American similarly portrayed the crowd as less controlled and less discriminating. “Stores owned by colored persons in the rioting area had to rush improvised signs reading ‘Colored, “Black,” “This Store Owned by Colored," in order to be spared in the rain of bricks, whiskey bottles, and other missiles. At that, several colored establishments suffered." That description appears to have reflected the reporter's treatment among the crowds on the street, whose "ring leaders," he complained, "were ready to jump on the reporters of "the Uncle Tom press" as they would on many whites.” The mention in the Home News appears to have confused 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.

The official police account of the disorder, likely reflecting information shared with journalists, did not mention Black-owned businesses being attacked. Instead, in a “Report of Disorder” to the Police Commissioner, Inspector Di Martini, the commanding officer of the Sixth Division, described the “vandals who continued to break windows on 125th Street, Seventh Avenue, Lenox Avenue, 8th Avenue, Fifth Avenue” as targeting “stores occupied by whites.” However, the MCCH initially concluded that the violence against businesses was indiscriminate: the "Subcommittee which Investigated the Disturbances of March 19th" reported on May 29, 1935, "Nor is it true that stores owned by Negroes were spared. There is no evidence of any program or leadership of the rioters." The final MCCH Report was less definitive, but argued that any discrimination displayed by those on the streets faded over time. "While, of course, many motives were responsible for the actions of these crowds, it seems that as they grew more numerous and more active, the personality or racial Identity of the owners of the stores faded out and the property itself became the object of their fury. Stores owned by Negroes were not always spared if they happened to be in the path of those roving crowds, bent upon the destruction and the confiscation of property." That chronology is the reverse of the narrative in the stories in New York Post and Afro-American, in which the appearance of signs stopped attacks on Black-owned businesses.

Four of the businesses reported with undamaged windows displayed signs identifying them as Black-owned, in line with the chronology offered in the press rather than that in the MCCH Report. The Monterey Luncheonette, Winnette’s Dresses and the Cozy Shoppe did not suffer any damage. In the case of the Cozy Shoppe, all five white businesses on the same block of 7th Avenue had windows broken and merchandise taken, evident in newsreel footage and information gathered by MCCH investigator James Tartar. Less detailed information is available on the block of Lenox Avenue where Winnette’s Dresses was located, but two white-owned stores were reported looted, and multiple other white-owned businesses were damaged or looted in the blocks to the north and south. While there were only two reported white-owned businesses with windows broken near the Monterey Luncheonette, it was located further north, on 7th Avenue and West 137th Street, an area north of West 135th Street where there were few white-owned businesses: only 8 of 24 businesses on the block on which the restaurant was located, and only 10 of 38 and 6 of 29 businesses on the blocks occupied by the damaged white-owned businesses. The fourth business, the Williams drug store, did suffer broken windows in its storefront facing 7th Avenue, but the windows facing West 128th Street, on which someone painted “Colored Store, Nix Jack” were not broken. The drug store was across 7th Avenue from the Cozy Shoppe, in an area where white businesses were significantly damaged and looted.

Three additional businesses reported as undamaged were white-owned. The Koch Department store and the Empire Cafeteria had both not been attacked, according to newspaper stories, because they had hired Black employees in 1934 during the boycott movement. White-owned businesses that employed Black staff drew some general attention in newspaper descriptions of attacks on businesses, distinguished from the businesses targeted for attack. The only white newspaper to make that distinction, the New York Post, reported "It was significant that almost no windows of Negro-owned or Negro-staffed stores were broken." The Pittsburgh Courier likewise reported that when "window smashing" extended beyond West 125th Street, "Most of it [was] directed against stores not employing colored clerks" (with no mention of Black-owned businesses). Two other Black newspapers reported the opposite situation, although with a qualification. "Many white business houses which employ colored help in high positions were pillaged, " according to the Afro-American, and "Those employing Negroes in high positions were not spared," according to the Norfolk Journal and Guide. Just which businesses the stories referred to is uncertain. One possibility is that "high positions" referred to salespeople, rather than the porters and cleaners more commonly employed by white-owned businesses. Those positions had been the focus of the boycott movement in 1934. A survey by the New York Age a month after the disorder, likely not an accurate picture of the situation at the time of the disorder as there are reports of stores moving to hire Black staff after the disorder, found only 101 Black clerical staff in 134 stores (with the larger chain stores generally refusing to provide information). Harlem's Black newspapers made no mention that stores employing Black staff were not damaged, other than the New York Age publishing the interview in which the manager of Koch's asserted that his store was undamaged. The Empire Cafeteria hired Black staff after a campaign by the Communist Party, and its condition after the disorder is only reported in their newspaper, The Daily Worker. Although the story fitted the Party's efforts to show they had support from Harlem's Black residents, it is unlikely they would have made a claim that could so easily be checked unless it was true. It seems more likely that only they had any reason to give particular attention to that business.

The state of the other white-owned business identified as undamaged had nothing to do with its staff. Stan Katz's business was reported to have been protected rather than spared. A group of Black "boys" stood in front of the shop, "shouting to passing crowds that he was a friend of the Negroes," according to the New York Post. Neither of the two newspaper stories that mention the shop made clear if or how the boys knew the store owner.
Sarah Refkin's delicatessen looted Around 12.30 AM, Acting Captain Conrad Rothengast of the 6th Detective Division claimed that he heard shots being fired on 7th Avenue near 123rd Street, according to a Probation Department investigation report. Looking around for the source of the shooting he saw a group of men standing in front of the delicatessen at 2067 7th Avenue, owned by Sarah Refkin and managed by Nathan Pavlowitz, a thirty-one-year-old Romanian immigrant living in the Bronx. Approaching the group, he saw Hezekiah Wright, a thirty-six-year-old Black janitor, kick and smash the store's plate glass window, reach in and take four lamps and two jars of food. When Wright saw him, Rothengast alleged he dropped those items and held his hands above his head. The detective somehow interpreted that stance as indicating that Wright was about to attack him, so struck him with his baton before arresting him. The Magistrate Court affidavit included few of those details. In that account, Rothengast simply saw Wright kick in the window and take a quantity of groceries. A Home News report of Wright's arraignment in that court put the value of the goods he allegedly stole at $100. The Probation Department investigation report specified that the items Rothegast alleged Wright tried to steal had a combined value of $11.10, the lamps 90 cents each and the jars of food $3.75 each. Stories in the New York Age and New York Times reporting later stages of his prosecution included the details that he had allegedly stolen "four lamps and a quantity of food," with the latter story misstating the value of those items as "about $8 in all." Pavlowitz, the store manager, estimated that between $50 and $75 of merchandise was missing from the store, according to Probation Department investigation report. He told a Probation officer that he thought people other than Wright had taken those goods, and there were certainly many on the street around this time. The period from roughly 11.30 PM to 12.30 AM saw incidents of violence the length of 7th Avenue below 125th Street. Stones were thrown at Fred Campbell's car and other vehicles, and James Pringle arrested for allegedly urging crowds to attack police in the blocks around the store. Arrests for breaking windows and looting continued to be made for at least another hour after Rothegast arrested Wright.

Wright denied any involvement in the looting of the store when interviewed by a Probation officer. Instead he said he was returning to his home at 155 West 123rd Street, around the corner from the delicatessen, having gone out to buy cigarettes, when he saw the crowd in front of the store. Those men ran when they saw Rothengast approaching; Wright said he stayed where he was as he was not involved in attacking the store.

The lists of those arrested published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal included Wright among those charged with burglary. He appeared in the Harlem Magistrate's Court on March 20, with the docket book and the Home News recording that Magistrate Renaud held him for the grand jury on $1000 bail. The grand jury indicted Wright on March 22, according to his District Attorney's case file. Only two days later Wright agreed to a plea bargain offered by a district attorney, and plead guilty to unlawful entry in the Court of General Sessions. Wright told a Probation officer he pled guilty on the advice of his lawyer, not because he attacked the store. On April 8, Judge Donnellan sent him to the Workhouse for three months, an outcome recorded in the 28th Precinct Police blotter and reported in the New York Evening News and New York Times on April 9, and in the New York Amsterdam News, New York Age and Afro-American on April 13.

The store appears to have remained in business despite the damage and losses. Refkin had insurance for the store windows, which cost $47.41 to replace according to the Probation Department investigation report (the insurance company unsuccessfully sought to have the judge require Wright to pay them restitution for that cost). A white-owned delicatessen is recorded at 2067 7th Avenue in the MCCH Business survey from the second half of 1935, with the investigator adding the note that it was a "Small, neat store." The business captured in the Tax Department photograph from 1939-1941 is also likely Refkin's delicatessen; while the name is not legible, signage typical of grocery stores can be seen in the window. By then Nathan Pavlowitz was likely no longer the store manager. He told census enumerators in 1930 and 1940 that he was a painter, making his job in the store likely the result of being unable to find such work in the Depression. By the time he registered for the draft in 1942 he was employed as a painter, still traveling from his home at 1225 Boston Road in the Bronx to Harlem, to the Superior Decorating Company based at 271 West 125th Street.
Arnold Ford arrested Around 1.50 AM, Patrolman Louis Frikser arrested Arnold Ford, a nineteen-year-old Black man, on the Third Avenue Bridge, which connected the eastern end of West 130th Street in Harlem with the Bronx. Frikser reported that he had observed Ford "walking across the bridge with a package," according to the details provided in the Probation Department investigation. Ford was likely going home; he lived just three blocks beyond the bridge, at 246 East 136th Street in the Bronx. The package he carried cannot have been large; it contained three cakes of soap, a can of shoe polish, two pairs of garters, six spools of thread, a jar of vaseline and three packets of tea, with a value of $1.15. According to Frikser, Ford admitted being part of a group of men who had entered Harry Lash's 5 & 10c store at 400 Lenox Avenue, five blocks west of the bridge on the corner of West 130th Street, and stolen goods. Later, in court, Ford stated that he had not broken the store windows, but only joined others entering the store and "helping himself to some merchandise." Eighteen months after the disorder, Ford told his Probation officer that he "found the goods in the street."

Patrolman Frikser stopped a second man crossing the bridge from Harlem, Joseph Moore, a forty-six-year-old West Indian carpenter "a few minutes" after Ford, and also arrested him for looting Lash's store. None of the reports of this case detail what caused Frikser to stop Moore or what he found in his possession. Like Ford, Moore was likely returning home; he lived at 248 East 136th Street in the Bronx, a building next door to where Ford resided. But Ford did not know Moore, according to a note in the Preliminary Investigation in his Probation Department file

Only seven other men are identified in the sources as having been arrested away from the stores they allegedly looted, a group making up one third (9/27) of the arrests for which that information is known (27/60).

Police charged both Ford and Moore with burglary in the Harlem Magistrate Court. Subsequently they were indicted by the grand jury and tried in the Court of General Sessions. During the trial on April 1, Ford pled guilty to petit larceny, while Moore was acquitted at the direction of the judge, an outcome for which the Daily Worker gave credit to the International Labor Defence lawyers who appeared for him (that story made no mention of Ford). Eighteen months later, Ford told his Probation officer that he pleaded guilty "because he was told to do so and that as a matter of fact he is not guilty and did not take part in the riot and that he found the goods in the street." The officer described Ford as "brooding over his conviction," suggesting he regretted the plea.

Ford (and Moore) appear in newspaper reports only in the list of those charged with burglary published in the Atlanta World, Afro-American and Norfolk Journal and Guide, a list published in the New York Evening Journal, and stories in the Home News and New York Sun. The Home News story included brief summaries of the charges made in the Magistrates Court; in this case, it grouped Ford and Moore together, arrested at the same time for looting the same store, but confused the $1000 of goods stolen reported by Lash in his affidavit before the Magistrates Court for what the men were found carrying, also mistakenly identifying it as clothing. The New York Sun likewise mistakenly alleged the men had stolen $1000 of property, but did correctly identify those goods as "general merchandise," in reporting the men's pleas in the Court of General Sessions, on March 25, after their indictment by the grand jury on March 22.

Of the ten men convicted in the Court of General Sessions as a result of the disorder, judges placed only Ford and Charles Saunders on probation rather than incarcertating them. (the 28th Precinct Police Blotter recorded this outcome as a suspended sentence)Ford remained under supervision under April 1938.

The judge's decision to place Ford on probation likely owed much to the interest shown in him by Dr. Mason Pitman, superintendent of the Colored Orphan Asylum, located north of Manhattan at Riverdale, West 261st Street. Pitman expressed surprise that Ford had been arrested, writing to the Probation Department, "I do not understand why Arnold got into this trouble but I suppose that is something none of us understand, as we have never been put on the spot," and asking for leniency - going so far as to appear at the sentencing hearing. Ford and his younger brother and sister had been placed in the institution in 1927, when a judge committed them as neglected children. His mother Susan had turned to the court saying she had been deserted by her husband, Arnold Josiah Ford, a prominent Black Hebrew rabbi. However, the Big Sisters informed the Probation Department that the couple had divorced, with Josiah marrying again and Susan having children with another man. At the hearing Josiah agreed to contribute to his ex-wife's support but "would not claim the children." (Arnold's social security record identified his father as Donold J Ford, whose name does not appear in the Probation Department file). Ford remained in the Asylum until 1933, spending the last two years at it's boarding home in Jamaica, Queens, before being discharged back into his mother's care. The summary of his records at the Colored Orphan Asylum noted "He was found to be a nice boy in every way and was well liked by all who came in contact with him." Ford and his mother lived together at several addresses before moving to 246 East 136th Street two months before the disorder. Susan worked a few days a week as a domestic servant for a household on West 77th Street, while Arnold occasionally worked as an itinerant bootblack.

During his three years on probation, Ford frustrated the efforts of the Probation Department to supervise and direct his life. He reported far less frequently than required, blaming a lack of carfare for the trip, took up few of his probation officers' suggestions for vocational training, and refused to apply for aid from the Home Relief Bureau because it required answering invasive questions. His mother did not share his objections, as she began receiving Home Relief in September 1935, and cut back her hours of domestic work. Ford did enroll in the Civilian Conservation Corps in 1936, seeking an assignment to one of the rural work relief camps, but was rejected when the medical examination revealed he had a hernia. For several months Ford traveled to Morrisania Hospital for treatment, during which he was bedridden at home for at least two months. Around his illness, Ford briefly worked as an errand boy for a grocery store on Amsterdam Ave and West 79th Street, let go because his employer did not think he was physically able to carry heavy bundles, then two days a week as a cleaner and porter for a synagogue in the Bronx at Gerard Avenue and 161st Street, and then as an errand boy for a millinery firm on West 37th Street. Soon after he got that position in March he moved out of the apartment at 258 East 148th Street that he and his mother had moved to in June 1936, and in with the mother and a cousin of the woman he had married a month earlier, Gwendolyn Jordan, a twenty-year-old housemaid, at 134 3rd Avenue in Brooklyn. He did not pass on that news to his Probation officer, who learned of the marriage from a Home Relief investigator who had visited Ford's mother.

In August 1937 Ford lost his job, fired for making an error in delivering a package. The next month he found a job as a pin boy at Williamsbridge Bowling Alley at 225th Street and White Plains Road, working from 1 PM to 1 AM for two-thirds of his previous wage and requiring a journey of more than eighteen miles. But the next month Ford was again looking for work; when his Probation officer urged him to apply for Home Relief, he recorded Arnold and Gwendolyn as refusing and saying “they did not want to answer so many questions as the Home Relief Bureau wants to know too many personal questions which they refuse to answer and they would feel like slaves to this bureau and they believe that the clients of this bureau are treated like slaves.” Gwendolyn took a similar position on medical care for her pregnancy; when the Probation officer urged her to visit the hospital, she refused, he wrote, “because they ask too many questions and also because free service is no good and that the patients are ill-treated and neglected.” Instead, she planned to have the baby delivered at home by a local physician who the family went to for care, and the couple saved about $40 for the expenses. Tragically, that doctor was not in attendance when Gwendolyn went into labor in December 1937, and the baby presented in breech position. Although an ambulance was called, the child died. The Probation officer's assessment of those events is jarring in its callousness: “It seems that the probationer, his wife and his mother-in-law are ignorant and suspicious people who cannot be advised by anybody.” In the remaining three months of his probation, Ford and his wife continued to live with his mother-in-law, her cousin, and his two adult daughters, pooling their relief payments and wages, with Ford's contribution being what he could make from odd jobs while he looked for work.

In 1940 Ford was living with his wife and their one-year-old daughter, at 863 Home Street in the Bronx, when the census enumerator called. He gave his occupation as porter, but was still without a job, as remained the case when he completed a draft registration card later that year. On the card his address is recorded as 892 Union Avenue in the Bronx, although that address was struck out and replaced successively with four other addresses in the Bronx. A note on the card indicates Ford served in the Navy, receiving an honorable discharge on October 7, 1946.
Ralph Sirico's shoe repair shop looted Around 2 AM, as Detective Jeremiah Duross of the 6th Division drove a police car on 7th Avenue, the sound of breaking glass drew his attention to a group of people in front of Ralph Sirico's shoe repair store 1985 7th Avenue. As the detective pulled his car up next to the store, the crowd in front of it scattered. He leapt out of the car and claimed he saw Charles Saunders, a twenty-four-year-old Black unemployed elevator operator jump out of the store window and run down the street. Duross gave chase and arrested Saunders, who he alleged had been drinking and had a fresh cut on his hand, which he implied had resulted from breaking glass in the window. Although there are few incidents of disorder reported on 7th Avenue around the time of Saunders' arrest, a crowd had looted Jack Garmise's cigar store four blocks to the south only a few minutes earlier, at an intersection where police were stationed. Two hours earlier, between 11.30 PM and midnight, the superintendent of the apartments above Sirico's store reported two men smashed the shoe repair shop window. Around that time, there were several reported incidents the length of 7th Avenue below 125th Street, including an assault, attacks on passing cars and looting. It is likely that the presence of the building superintendent prevented the store from being looted at that time.

Saunders offered a different account than Duross, according to the Probation Department investigation report. He lived nearby, in a furnished room at 1967 7th Avenue a block south of the store, with Anna Gregory. Around midnight, Saunders left home to buy cigarettes. Walking toward a crowd in front of Sirico's store, he saw shoes and hats being thrown through the broken window on to the street, where people in the crowd were picking them up. While there are few accounts of goods being thrown into the street, there are descriptions of merchandise spread over sidewalks and streets, suggesting that some of those who attacked goods destroyed or distributed goods in this manner, rather than taking them themselves. Saunders claimed he followed the lead of those around him, and picked up a pair of shoes, cutting his hand on glass on the street in the process, and headed home. At that point Duross arrested him. Saunders denied having been drinking; the detective said Saunders did not have a pair of shoes in his hands when arrested.

In fact, it seems that Duross did not find anything from the store in Saunders' possession, as none of stolen goods were recovered, according to the Probation Department investigation report. Nonetheless, Saunders appears to have been charged with taking all the goods that the report recorded Sirico said had been stolen: "18 or 20 hats which had been cleaned and blocked by him; about 25 pair of shoes which he had repaired; 5 or 6 pairs of unfinished shoes; one dozen leather soles; two and a half dozen rubber heels and a quantity of polish and shoe laces," with a total value he estimated as $66.75. While the District Attorney's case file is missing, the Probation Department investigation report summarizes the indictment against Saunders as accusing him of taking merchandise worth $66.75. The two newspaper reports of the case are less specific, with both the Home News and Daily Worker reporting the charge as stealing "several pairs of shoes."

Saunders is included in the lists of those charged with burglary published in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and in the New York Evening Journal. The Harlem Magistrate's Court docket book records his arraignment on March 20, at which time Magistrate Renaud held him on $1000 bail to reappear. When Saunders was brought back to the court on March 22, detectives presented bench warrants indicating that the District Attorney had already filed an indictment against him. Magistrate Renaud consequently dismissed the charges against Saunders so the detectives could rearrest him, an outcome only reported in the New York Post (the District Attorney's file is missing). On April 1, Saunders appeared in the Court of General Sessions to plead guilty to petit larceny. In other cases after the disorder in which defendants did not have goods in their possession when arrested a district attorney generally offered a plea bargain for a different charge, unlawful entry. He appeared for sentencing in the Court of General Sessions on April 12, and then again on April 30, when Judge Nott gave him a suspended sentence and placed him on "indefinite" probation on the condition he go to Savannah to live with his sister (the 28th Precinct Police Blotter recorded only the suspended sentence, not the probation). Saunders spent the maximum period of three years under supervision.

Sirico had insurance that paid the cost of replacing his store windows. The business was included in the MCCH Business survey in the second half of 1935, and Sirico was still operating the store when he registered for the draft in April 1942, giving his first name as Raffaele. He had arrived in New York City in 1919. Sirico appears likely to have been in business in Harlem by the time of the 1930 census, when the census enumerator recorded that he worked in a shop. At that time he lived at 293 East 155th Street in the Bronx, with his wife and four children aged between eight years and fifteen months.
Hezekiah Wright arrested Around 12.30 AM, Acting Captain Conrad Rothengast of the 6th Detective Division arrested Hezekiah Wright, a thirty-six-year-old Black janitor in front of a delicatessen at 2067 7th Avenue. Rothengast claimed that shots being fired on 7th Avenue near 123rd Street drew his attention to a group of men standing in front of the delicatessen at 2067 7th Avenue, owned by Sarah Refkin and managed by Nathan Pavlowitz, according to a Probation Department investigation report. As he approached the group, he allegedly saw Wright kick and smash the store's plate glass window, reach in and take four lamps and two jars of food. Wright then saw him coming towards him, dropped those items and held his hands above his head. The detective somehow interpreted that stance as indicating that Wright was about to attack him, so struck him with his baton before arresting him.

Wright denied any involvement in the looting of the store when interviewed by a Probation officer. Instead he said he was returning to his home at 155 West 123rd Street, around the corner from the delicatessen, having gone out to buy cigarettes, when he saw the crowd in front of the store. Those men ran when they saw Rothengast approaching; Wright said he stayed where he was as he was not involved in attacking the store. Others arrested in the disorder similarly claimed to have been out on errands and mistaken for participants in acts of violence. In Wright's case it was not unusual to be on the streets late at night. He told the Probation Officer that he occasionally went on walks in the late evening, as the long hours of his job kept him occupied until then. The Probation Officer reported nothing that indicated he would have chosen to participate in looting, characterizing him instead as "a quiet, inoffensive type of individual." Dr Walter Bromberg used a similar phrase in the report of his examination of Wright in the Court's Psychiatric Clinic, describing him as "a quiet, cooperative individual," who showed "no evidence of any emotional upset" or "of any aggressive, antisocial personality characteristics." The Probation officer did report that Wright's "moral standards are lax," apparently because his "greatest outlet [was] playing the policy numbers in the hope he will "become lucky" and "hit the numbers." That very widespread activity in Harlem reflected the limited economic opportunities available to the neighborhood's residents at least as much as their morality. Missing from the Probation Department investigation report is the explanation that the Probation officer wrote at the end of the Preliminary Investigation: that Wright was "A victim of mob hysteria who [?] advantages during a tense situation to enrich himself at others expense and by a criminal act." Other psychiatrists had invoked the influence of the mob in reporting their examinations of men arrested in the disorder, and it may be that this Probation officer had been anticipating that it would also appear in Wright's report. When it did not, he may have chosen to omit his comment.

The Magistrate Court affidavit included few of those details. In that account, Rothengast simply saw Wright kick in the window and take a quantity of groceries. A Home News report of Wright's arraignment in that court put the value of the goods he allegedly stole at $100. The Probation Department investigation report specified that the items Rothegast alleged Wright tried to steal had a combined value of $11.10, the lamps 90 cents each and the jars of food $3.75 each. Stories in the New York Age and New York Times reporting later stages of his prosecution included the details that he had allegedly stolen "four lamps and a quantity of food," with the latter story misstating the value of those items as "about $8 in all." As Pavlowitz, the store manager, told a Probation officer, others had taken the other missing merchandise, which he valued at between $50 and $75, rather than $100.

The lists of those arrested published in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and in the New York Evening Journal included Wright among those charged with burglary. He appeared in the Harlem Magistrate's Court on March 20, with the docket book and the Home News recording that Magistrate Renaud held him for the grand jury on $1000 bail. The grand jury indicted Wright on March 22, according to his District Attorney's case file; three days later Judge Morris Koenig of the Court of General Sessions continued his bail, a step in the legal process documented only by the New York Sun. It took only two more days for Wright to agree to a plea bargain offered by a district attorney; his appearance in court to plead guilty to unlawful entry was reported in the New York Post on March 27, and New York Herald Tribune, New York Daily News and New York Times on March 28, and the New York Amsterdam News on March 30. Wright told a Probation officer he pled guilty on the advice of his lawyer, denying he attacked the store. His sentencing on April 8 was recorded in 28th Precinct Police blotter and again widely reported, in the New York Evening News and New York Times on April 9, and in the New York Amsterdam News, New York Age and Afro-American on April 13. Judge Donnellan sent Wright to the Workhouse for three months.

Wright told a Probation officer he had been in New York City for eight years. Born in Kingston, North Carolina, his family moved at some point to Suffolk, Virginia, and from there to Boston in 1906. Around 1909, his mother became ill with tuberculosis and sought treatment at the Rutland Sanitarium. When she was released after two years, Wright and his five younger siblings returned with her to Suffolk, where her sister helped Wright look after the younger children. His father rejoined the family a year later, Wright worked with him making baskets. When Wright was fourteen years old, his mother died. The Probation investigation included no information about Wright's subsequent life in Virginia other than his statement that he had spent thirty days in jail in 1917 after a fight with a railway detective when a circus arrived in town, and his marriage to Odel Burns in 1923. His World War One Draft registration lists his employment in 1918 as a soda foundation clerk in the Colored YMCA in Hopewell, Virginia.

Around 1927, Wright moved to New York City, likely with his family, as his father and three of his surviving siblings lived in Harlem in 1935, and the other sibling nearby in Newark, New Jersey. His father Charles, who in 1935 lived with his second wife and one of his daughters at 510 Manhattan Avenue, was a Baptist minister at Jerusalem Church. Wright worked for his first five years in the city as a chauffeur for Dr Bernard Zaglin. That work was "irregular," which might explain why the Preliminary Investigation in Wright's Probation Department file also records him working in Haverstraw, sixty miles north of the city on the Hudson River, as a driver hauling bricks for the Excelsior Brick Company in the busy season, the summer of 1931, and sometime prior to that as a painter and in a poolroom, and as a laborer in nearby Iona Island. The Probation Department investigation report presents all Wright's work in Haverstraw as prior to his employment by Zaglin even thought the Preliminary Investigation records the length of his work hauling bricks as May-October 1931. It may be that he lived and worked in Haverstraw prior to moving to Harlem, and returned there periodically.

It was to Haverstraw that his wife Odel went when she left him in 1932, with a man named Charlie Phillips, information in the Preliminary Investigation that the Probation officer omitted from the Investigation Report. Instead, the report explained the couple's "separation" as a result of Wright's "infidelity with Marion Harris," with who he was living at the time of his arrest. As was the case with others whose relationships followed the more fluid marriage patterns of working-class communities, the Probation Department investigation report described the twenty-two-year-old Harris as Wright's "mistress," ignoring the information in the Preliminary Investigation that they had married in April 1933, again in Haverstraw. At that time they were living with one of Wright's cousins at 860 Hunts Point Avenue in the Bronx, rent free as Wright was unemployed after Zaglin decided in October 1932 that he no longer needed a chauffeur.

Wright remained unemployed until July 1933, when he and Harris were employed as janitors at 155 West 123rd Street, a job that came with an apartment in the basement. They still held that position at the time of his arrest, and his employer told a Probation officer he would reemploy Wright when he was released. However, if that happened, Wright did not live in the building. A census enumerator found him at 143 West 113th Street in 1940, where he told her he had been in 1935 (a question in that census), and was employed as the superintendent of an apartment building. He also told the enumerator he was married, but Harris is not recorded in the census schedule. Two years later, when Wright registered for the draft, he was living and working in another building, at 216 West 114th Street. He left blank the line for "Name and Address of Person Who Will Always Know Your address," where men typically included their wife or a parent. His home address is struck out and updated several months later to 143 West 113th Street, his home in 1940.
James Hughes arrested Detective Raymond Gill arrested James Hughes just before 10PM, not far from Kress' store on West 125th Street. The detective claimed he had seen the twenty-four-year-old Black man appear from behind the cars parked on the street, look around, and throw the rock that hit his partner, Detective Henry Roge. Gill frisked the twenty-four-year-old man, and found five stones in his pockets; Hughes insisted the stones were to defend himself, and he had not thrown the rock that struck Roge.

Instead, Hughes claimed he had been caught up in the crowd on 8th Avenue as he tried to return to his furnished room on 7th Avenue near 115th Street from 126th St and 8th Avenue. He’d begun his evening with a trip to a barber’s shop on 7th Avenue, before returning home for supper, and then heading out again at 9.30pm to go drinking, details in the Probation officer's Preliminary Investigation that were not included in the Report to the Court. When Hughes set out on 8th Avenue for home, and saw the broken glass and stones on the streets, and heard people saying “Let’s break windows,” he picked up some rocks for protection. Hughes knew 125th Street well. He worked in Koch’s Department store, a block east of Kress’, as a shoe repairer, a trade he had learned in Atlanta. He told the Probation officer who interviewed him that he followed the crowd to 125th Street to prevent them breaking the windows in the store in which he worked; in the Preliminary Report, the Probation officer noted that Hughes said that those around him were breaking windows "where no colored were employed." While several newspapers reported that businesses that employed Black staff were not spared from attack, Koch's department store did not have windows broken.

The prosecution of Hughes took a somewhat erratic path through the legal system. Hughes appears in lists of the arrested and charged with assault in the Afro-American, Atlanta World and Norfolk Journal and Gazette, and in Home News and New York Evening Journal. After he appeared in the Magistrates Court early on March 20, the New York Post and Home News reported he was back in the court two days later, joining Isaac Daniels and Charles Saunders in being discharged as they had already been indicted by the Grand Jury and then rearrested and held for trial. (The 28th Precinct Police blotter recorded only that Hughes had been discharged, not that he had been rearrested). Hughes subsequently pled guilty to misdemeanor assault on March 28, as was reported in the New York Evening Journal, New York Times, and New York American.

When Hughes appeared for sentencing the judge allowed him to withdraw the plea as a result of letter from minister named Haynes received by Mayor’s office and forwarded to the judge. A week later Hughes was tried and quickly convicted of misdemeanor assault. The prosecutor’s notes on the trial suggest that Gill’s testimony stressed that he was certain of his identification of Hughes as the man who threw the rock. A report in the New York Times mentioned other witnesses, that "several" detectives identified Hughes. Against that evidence Hughes could offer only his denial and a series of character witnesses. In response, the prosecutor argued that Hughes “saw plenty of trouble – went right into it.”

Like all those convicted in the Court of General Sessions, Hughes was then investigated by the court’s Probation Department, which compiled a three-page report detailing his family, education, leisure, religious practice and residential and employment histories. Based on his steady employment in both Atlanta and New York City, the quality of his living arrangements, and his lack of a criminal record, the probation officer J. T. Sloane determined Hughes participation in the disorder to be “apparently attributable to the effects of mob psychology upon an ordinarily well-behaved individual of suggestible disposition.” At the sentencing hearing, the judge, perhaps influenced by the Probation Department report, expressed belief that Hughes had thrown the rock at the store window, not Roge, so sentenced him to a term of only three months in the workhouse.

Born in Macon, Georgia, Hughes had only been in the city for fourteen months when arrested. He was 5ft 6 inches, and weighed 145 pounds when arrested. He told the Probation officer J. T. Sloane that he had been raised by a single mother, one of two children she had with a married man, and completed third grade. After Hughes' mother died when he was twelve years old, he went to live with a cousin, a shoemaker, to who he became apprenticed. The Probation officer wrote to another cousin of Hughes in Macon, Fannie Holt, who confirmed those details, and added others that the officer did not include in the report: Both Hughes' father and grandfather were also shoemakers. Hughes moved to Atlanta after his sixteenth birthday, where he found work in the employ of Mr Maslia, at 399 Moreland Street, making $22 a week by 1933. Sometime that year he told his employer that he wanted to go north. By February 1934, Hughes was in New York City, working for French Shoe Repairing Company on 118th Street and Lenox Avenue and living nearby in a furnished room at 101 West 117th Street. After six months, Hughes found a better paying job at Koch's Department Store, increasing his wages from $12 a week to $18 a week. A few months later he moved residences, from 117th Street to another furnished room at 1890 Seventh Avenue, paying $4 a week. His landlady described him as quiet and unobtrusive.

Hughes admitted to a conviction for gambling in Macon, when he was aged fifteen years, which resulted in a fine. He continued to gamble occasionally in Harlem, otherwise spending his time going to the movies. The report from the Court Psychiatric Clinic concluded Hughes was "an average type of individual," who did not show "any abnormal, aggressive or antisocial traits as far as can be ascertained by the interview." In regards to the disorder, the psychiatrist recorded that Hughes gave "a rather rational explanation of his offense."
Leroy Brown arrested Around 9.45 PM, Officer Edward Doran watched a group assemble in front of Sam Lefkowitz's store at 2147 7th Avenue. In in his affidavit in the Harlem Magistrates Court, Doran alleged Leroy Brown threw a tailor's dummy through the window of the store, after which Doran heard him say to the rest of the group, "Go right along and get the other windows." As Doran arrested Brown, he saw the group continue north up 7th Avenue, and "heard the crash of glass and later observed other windows broken." The unclaimed laundry store at 2145 7th Avenue, on the south side of the Lefkowitz's store, also had its window broken.

Leroy Brown was a twenty-two-year-old Black man who identified himself as a bootblack in his examination in the Harlem Magistrates Court. He lived at 2493 8th Avenue, near West 133rd Street, some distance northwest of Lefkowitz's store, which was just north of West 127th Street. That address had been his home since 1932, he told the clerk in the Harlem Magistrates Court. Brown had been in the Magistrates Court once before 1935, charged with disorderly conduct in September 1934, and discharged by a Magistrate, according to his criminal record. When Brown appeared in the Harlem Magistrates Court on March 20, he was charged with both malicious mischief, for allegedly breaking the window, and inciting a riot, for his alleged call for the group to break other windows. He appeared in list of those arrested published in the Atlanta World, Afro-American and Norfolk Journal and Guide, as one of those charged with inciting a riot. That was the most serious of the charges Brown faced in the Magistrates Court, so likely the one that would have been emphasized in a list of those arrested. The charge against Brown in a list published in the New York Daily News was malicious mischief (like four other men in this list he was misidentified as white). In lists published in the New York Evening Journal and the New York American the charge against Brown is disorderly conduct (and his first name mistakenly recorded as Eli). That information is almost certainly a mistake, as it was a less serious offense than either of those charged in the Magistrates Court and would only make sense if there was no evidence of either breaking a window or inciting others. The two charges against Brown are reported in the Home News story about his appearance in the Magistrates Court.

Brown was held in custody by Magistrate Renaud on March 20, and then returned to the court on March 25, March 27, and again on April 1, appearances recorded only in the docket book. There is no information on why prosecutors needed this much time to investigate the case. On the last occasion, Magistrate Stern held Brown for the grand jury on the riot charge, and sent him to the Court of Special Sessions to be tried on the charge of malicious mischief (indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony). Two weeks later, on April 15, Brown was brought before the grand jury, who sent him to the Court of Special Sessions to be tried for the lesser, misdemeanor form of the offense of riot. The outcome of Brown's two trials in the Court of Special Sessions are unknown. As he was charged in the Harlem Magistrates Court, he should have been in the 28th Precinct Police blotter, but he does not appear in the transcript in the MCCH records. Bernard Smith was also charged with both riot and malicious mischief, alleged, like Brown to have both broken a store window and urged others to do the same. In Smith's case, the grand jury dismissed the riot charge, and the malicious mischief charge was reduced to one of disorderly conduct, of which the Magistrate found him guilty and sentenced him to five days in the Workhouse.
Isaac Daniels arrested
Isaac Daniels, a twenty-nine-year old Black man, was arrested for assaulting Herman Young, in his hardware store at 346 Lenox Avenue. After hearing glass smashing, Young and his wife Rose had come downstairs from their apartment to the store, whose windows had been looted and encountered a man on the stoop, trying to come through the door. The man cursed at Young - "You Goddam Jew I am going to kill you if you don’t get out of here” - and then threw a stone that smashed the glass in the door. Both the stone and flying glass hit Young. Taken to Harlem Hospital, Young was being stitched by a doctor when Daniels entered to receive treatment. Young identified him as the man who had assaulted him, and an officer at the hospital arrested Daniels. (Another man, James Williams, was later arrested for looting the store; the affidavit in his case makes no mention of Young being assaulted by a man, instead recording that he had come downstairs to find four men in the store stealing merchandise)

Questioned in a lineup at the Manhattan Police HQ, Daniels denied throwing the stone at Young, and said he had been in the area because he was on his way home. Daniels, a native of Georgia who had come to New York City in 1928, lived with his wife only a few blocks from Young's store, at 73 W. 130th St. Later, at his trial, he added the detail that he had gone out to buy cigarettes. His wife said that he had gone to the movies, and was listening to the radio at home at 1 AM, when Young was attacked.
The report of the arrest in the Home News linked Daniels and Young, with the detail that Young had been cut by flying glass. Daniels also appears in lists of those who arrested and charged with assault published in the Afro-American, Atlanta World, Norfolk Journal and Gazette, and New York Evening Journal, none of which include the circumstances which led to his arrest. He also appears in lists of the injured published in the Home News and New York Post, one of four men arrested for assault with injuries. In Daniels' case, the list identifies him as having "contusions" on his left arm.

Daniels was one of the first of those arrested to appear in the Harlem Magistrates Court on March 20, charged with felonious assault. The Home News and New York Post reported he was back in the court two days later, joining James Hughes and Charles Saunders in being discharged as they had already been indicted by the Grand Jury and then rearrested and held for trial (which is likely why Daniels appears in the 28th Precinct Police Blotter as having been discharged, as did James Hughes). The indictment in the District Attorney's case file has a charge of first degree assault, with intent to kill, struck out, leaving a charge of second degree assault, with intent to cause bodily harm. That change suggests that prosecutors reduced the charge after obtaining details of what happened (Young's wife had mentioned that the man who assaulted him had used a piece of pipe, but later reports mention only him throwing a stone). Indicted for assault, Daniels was one of the handful of individuals tried for alleged offenses during the disorder. On April 9, the District Attorney's case file recorded that a jury acquitted Daniels, likely because of questions over Young's identification of him.
Edward Larry arrested At 1.00 AM Patrolman William Clements observed Edward Larry, a twenty-six-year-old Black laborer traveling in a taxi at West 123rd Street and 7th Avenue. He stopped the taxi, and found that Larry had a box containing eight shirts, with a value of $12. Not satisfied with Larry’s explanation that he had found the shirts on the street at West 129th Street and Lenox Avenue, Clements took him to the 28th Precinct for further questioning. The Magistrates Court affidavit simply described Clement as arresting Larry; the Home News report of Larry's appearance in the Magistrates Court described Clements arresting Larry "as he was about to get into a taxicab with two boxes containing a dozen shirts." The more detailed account in the Probation Department investigation described Clement stopping the cab.

Larry was one of nine men arrested away from the scene of their alleged crime, a group making up one third (9/27) of the arrests for which that information is known (27/60). He was the only one arrested in a vehicle, although a photograph published in the New York Evening Journal indicates that this was not the only instance in which police stopped vehicles. Larry told police he was returning home with the box he had found on the street, to the Salvation Army shelter at 224 West 124th Street, behind Kress' store (some reports listed the address as 218 West 124th Street; the MCCH business survey records that the Salvation Army operated in both buildings). He had lived there for a month, after spending two weeks at the Belmont Hotel on the Bowery, and the previous thirty days in the workhouse serving a sentence for pickpocketing.

At the police station, Morris Towbin saw Larry, and identified him as one of a group of men who had threatened him and robbed his haberdashery store at 101 West 125th Street at 10.30 PM the previous evening. Towbin also identified the shirts in Larry's possession as from his store, part of $2000 of merchandise stolen, $1000 of fixtures destroyed and $226.89 worth of plate glass windows smashed. Towbin's encounter with Larry is described only in the more detailed account in the Probation Department investigation. The Magistrates Court affidavit recorded only that Towbin had identified the shirts, a standard feature of a charge when an individual had not been seen stealing goods, and that he could "positively identify the defendant as one of the men" who had robbed him. In the Police Blotter the charge against Larry is burglary, suggesting that Towbin's identification came after his initial booking, and not before that information was provided to reporters, as the list of those arrested in the Atlanta World, Afro-American, and Norfolk Journal and Gazette, and the list in the New York Evening Journal both include Larry among those charged with burglary. Towbin's allegation of force changed the charge to robbery, which is the charge made against Larry in the Harlem Magistrates Court. However, there is no mention of force or robbery in the story covering his court appearance in the Home News, or in reports of Towbin's statements as president of Harlem Merchants Association in the New York Daily News and Home News. Nor did police find a knife in Larry's possession, the weapon with which Tobin said he had been threatened. Nor did Larry's history suggest he would have used a weapon; none of his convictions involved the use of force.

When Larry was arraigned in Harlem Magistrates Court on March 20, Magistrate Renaud held him without bail for the grand jury, one of only ? arrested during the disorder for which Magistrates did not set bail. Nine days later, on March 29, the grand jury indicted him for Robbery in the first degree. Rather than go to trial, Larry agreed to a plea bargain. On April 5 he appeared in the Court of General Sessions to plead guilty to Attempted Grand Larceny in the second degree, a felony punishable by up to five years in prison rather than up to twenty years, the punishment for Robbery in the first degree. Ten days later, after an investigation by the Probation Department, Judge Nott sentenced Larry to a term of between fifteen months and thirty months in the State Prison. (The 28th Precinct Police Blotter recorded a different sentence of six months to two years, but Probation Department investigation and a response to the Parole Board in the District Attorney's case file both record the longer sentence). That was the longest sentence given to anyone arrested in the disorder, a reflection of the charge, and of Larry’s criminal record. He had been convicted three times for picking pockets in New York City in the three years before the disorder, and most significantly, convicted for grand larceny in West Virginia in 1928. New York's Habitual Offender statute, commonly known as the Baumes Act, required that in cases involving individuals with a previous conviction for a felony that any plea bargain be to a felony and set minimum sentences based on the previous felony conviction.

Larry had been born in Wilmington, North Carolina, in 1909. His mother died when he was three years of age, leaving his father, and later stepmother to raise him. In 1921, a year after leaving school at age eleven years to work in a cotton press, Larry left home. In the only response the Probation Department received to the letters they sent inquiring about Larry's history, the Wilmington Public Welfare Commission reported an interview with his half-sister Rose, in which she said he found work in a coal mine in West Virginia. Larry himself told the Probation Department officer G. H. Royal that he first worked briefly for a transportation company, traveling to Providence, Rhode Island, where he spent two months in a fish factory, followed by time on a truck in Far Rockaway, New York, then in a steel mill in Pittsburgh and a coal mine in Carnegie, Pennsylvania. Beginning in 1924, aged fifteen, he began working irregularly for carnival companies that traveled the North in the summer and the South in the winter.

In February 1928, carnival work, or perhaps coal mining, brought Larry to Welch, West Virginia, where he was convicted of grand larceny. The court did not respond to the Probation Department's request for details of the case; Larry told them that he and another man were accused of stealing money from a drunken man in a poolroom (given Larry's record, the theft was likely accomplished by pickpocketing). Sentenced to six years in the State Prison, Larry said he served four years and eight months, which would have seen him released in June 1932. By May 28, 1933, Larry was in New York City; he also said that earlier that month, while working in a carnival, he married Cora Temple, a dancer, in Elizabeth City, North Carolina. In New York City, Larry was arrested for pickpocketing, with the criminal record in the District Attorney's case file specifying "lush," slicing open the pocket of a drunken individual, and sentenced to thirty days in the workhouse. After his release he remained in New York City for at least six months, presumably with his wife Cora, but without a home and relying on charity. According to his half sister, Larry returned to Wilmington in December 1933, and found work as a stevedore until July 1934; he told the Probation Department he did not visit until July 1934, and left his wife there while he looked for work.

Almost as soon as Larry arrived back in New York City, on July 29, police arrested him for pickpocketing, again lush according to the criminal record in the District Attorney's case file. On this occasion he was sentenced to six months in the workhouse. Released in January 1935, it was less than a month before officers from the police pickpocket squad arrested him again, and he spent a further 30 days in the workhouse. In the month between his release and the disorder, he told the Probation Department that he spent a week working on a Salvation Army project in Flushing, Long Island.
Harry Gordon speaks to a crowd & Patrolman Irwin Young assaulted Around 6.00 PM, a group of three white men and a black man arrived on 125th Street and began picketing in front of Kress’ store. Reports identified the men as members of the Young Liberators, an organization with ties to the Communist Party that had offices close by, at 262 Lenox Ave near 126th Street, although it is not clear that they identified themselves as such. They carried signs that 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.” At some point the men set up a stand in front of the store and a member of the group began to speak to the crowd gathered there. When someone threw a rock through the window of Kress’ store, police moved to arrest the speaker. In the ensuing struggle, Harry Gordon allegedly grabbed Patrolman Irwin Young’s nightstick and used it to hit the officer. He and the four other men were arrested and hurried into waiting cars. Young was the first police officer allegedly assaulted in the disorder; five others would be assaulted around 125th Street before 10.30 PM, by which time the crowds had moved to other parts of the neighborhood. Young was back on the streets by 10.10 PM, when he arrested Leroy Gillard at 200 West 128th Street, for allegedly looting.

The New York Age, New York Herald Tribune and Home News initially identified Gordon as the member of the group speaking to the crowd, pulled off the stand by Young and other officers. The New York American, New York Evening Journal, and New York Times instead name Daniel Miller as the speaker. Newspapers listed the five men among those arrested, charged with inciting a riot; only some reported Gordon was charged with assault. A small number of subsequent reports omitted Gordon from the group arrested in front of Kress’ store, perhaps because police did not actually charge him with inciting a riot.

When Gordon appeared in court the Assistant District Attorney downgraded the assault charge from a felony to a misdemeanor. At the hearing police alleged that Gordon was standing on a mailbox in front of the Kress store and yelling that a Negro boy had been murdered in the store at the time Young moved to arrest him. It was when Young pulled him down from that perch that Gordon allegedly assaulted him. Lists of the injured variously described the injuries Young suffered as “cuts on hands” (New York Daily News; New York Evening Journal), “lacerations of right hand” (New York Herald Tribune), and "bruised on the hand" (New York American) – not serious enough injuries to justify a felony charge. The New York Herald Tribune reported Young received medical treatment at the scene, but he does not appear in the hospital records, as the other officers injured around this time do.

Several days later, testifying on the first day of the hearings held by the MCCH, Louise Thompson contradicted Young’s account of Gordon’s arrest. She declared that Gordon did “nothing” while being “brutally beaten by two large Policemen.” Gordon himself later appeared at the hearings to not only deny that he had assaulted Young but to charge the officer had hit him from behind with the night stick, and continued to beat him during the car journey to the precinct and the booking, and again later while he was a prisoner. In his testimony Gordon denied being part of a protest in front of Kress’, claiming instead he was a passerby who climbed the lamppost to urge the crowd to disperse. However, other evidence suggests that he likely had some connection with the group, as he identified himself at the hearings as a member of the National Student League, another Communist-led group - and only the Daily Worker, the Communist Party paper, could locate and interview him.

Gordon is mentioned in most coverage of the disorder. Both the Hearst newspapers, the New York Evening News, New York American and the Daily Mirror, and DA William Dodge focused particular attention on the involvement of Communists and the possibility that they had instigated the disorder, the alleged assault on Young does not feature prominently in that reporting.

The available sources offer conflicting information on these events, The Mayor’s Commission report describes two different speakers being arrested in front of Kress’ store without naming either, with the first speaker arrested after someone threw an object that smashed one of the store windows, and the second later dragged down from a lamppost across the street. That account is in line with the New York Times and the charges police made, but the New York Times and New York Age both report that Young was injured later in the disorder, at the rear of Kress’ store at the same time as three other officers not during the arrest of the four alleged Communists – but both stories rely on elements contradicted by other sources. The New York Times omits Gordon from the group arrested in front of the store whereas all the other sources confirm he was arrested then. The New York Herald Tribune included Young in its list of injured police in similar terms as the officers assaulted on 124th Street, including reporting that Young received medical treatment, but he does not appear in the hospital records as those other officers do, but is making another arrest around four hours later, at 10.10 PM. In a separate story on the same day the Herald Tribune also includes Gordon in a list of those arrested, accused of assaulting Young while speaking in front of the store. So while it is possible that Young could have arrested Gordon and returned to be part of the clashes on 124th Street, it appears more likely that the stories mistakenly lumped him in with the group of officers injured then.

Gordon appeared in the Harlem Magistrates Court on March 20, shortly after the other white men arrested at the start of the disorder. The clerk initially recorded the charge against him as felonious assault, but later struck that out and wrote "Red[uced] to Simple Assault misd[emeanor]." Magistrate Renaud remanded him to reappear on the March 25, and then again to March 27, before transferring his case to the Court of Special Sessions. There is no information of the outcome of that trial.
Jack Garmise's cigar shop looted Around 12.30 AM, Jack Garmise, a twenty-two-year-old white clerk, locked the cigar store his father Emmanuel owned at 1916 7th Avenue, in the Regent Theatre building, according to the Probation Department Investigation, and likely went across town to the family home at 1274 5th Avenue. Most businesses were already closed by that time; the cigar store may have remained open to cater to movie-goers leaving the theater. By the time Garmise left, crowds and disorder had been spreading from 125th Street ten blocks to the north for at least two to three hours, although may not yet have reached as far south as the store, which was near the corner of West 116th Street. Lyman Quarterman was shot while part of a crowd at 121st Street and 7th Avenue, five blocks north of the store, at 10.30 PM. Alice Gordon had allegedly been assaulted a block north at 11.20 PM, and a candy store looted a block further north at 11.45 PM. Around the time Garmise left, Fred Campbell drove up 7th Avenue, and reported attacks on stores around 121st Street, despite the presence of unusual numbers of police. He did not report noticing similar disorder around the Garmises’ store at 116th Street. However, Garmise would not have encountered those crowds when he left the store as his route home was in the opposite direction, to the southeast.

Both crowds and police arrived in the area of the cigar store not long after Garmise closed it. Store windows were broken on the opposite corner, and along West 116th Street to the east, and Giles Jackson was injured by flying glass in the area of the intersection. Around 1.45 AM the cigar store became a target. Patrolmen Kalsky and Holland of the 28th Precinct saw a group of people around the store, and then a milk can thrown through the plate glass windows. In the Magistrate Court affidavit, Kalsky alleged that he saw Thomas Jackson, a thirty-four-year-old Black driver throw the milkcan. Jackson denied thowing anything at the store, or being part of an attack on it, when question by a Probation officer. Instead, he claimed he had been walking along the street to visit a friend on West 116th Street when he had become caught in a crowd moving toward the store, and someone in the crowd had then pushed him through the smashed window. Throwing an object would have been more difficult for Jackson than most in the crowd; after an accident in 1930, his left arm had been amputated above the elbow. Kalsky also alleged he saw Jackson reach his hand through the smashed window and take merchandise from the display. Garmise reported pipes, clocks, watches, razors and other goods worth about $100 were stolen. Neither the affidavit nor the Probation Department Investigation specify what, if any, of that merchandise was found on Jackson. Kalsky told a Probation officer that as he approached, Jackson threw “some of the merchandise” back in the window. That phrasing suggests Jackson may not have had any merchandise on him when Kalsky arrested him, as does his later agreement to plead guilty to unlawful entry, rather than petit larceny, as others arrested for looting who made plea bargains did. However, the New York Daily News report of Jackson's appearance in the Court of General Sessions to plead guilty, and the New York Times report of his sentencing, attributed all $100 of the stolen goods to Jackson. (The only other newspaper story to include details, the report of the sentencing in the New York Age, mentioned only that Jackson had admitted throwing a milk bottle through the store window).

The other officer, Holland, arrested a second man, Raymond Easley, a twenty-one-year-old Black man. He allegedly took cigars from the store window, according to a report in the Home News, wording that suggests the officers reported seeing him reaching into the window and found cigars in his possession. Holland also found that Easley was carrying a razor. (Easley is not mentioned in the affidavit in the District Attorney’s case file in which he and Jackson are co-defendants, nor is there an examination of him. The only document in the case file referring to Easley is a criminal record; he had no previous prosecutions). Two arrests at the same incident of alleged looting was unusual during the disorder, suggesting that the officers were closer to the store than in other instances, perhaps only having to cross West 116th Street rather than 7th Avenue.

While the appearance of the two patrolmen clearly stopped the group attacking the store, the broken window made it easier for others to take more merchandise. (A reporter for La Prensa who walked by the store the day after the disorder recorded that all its windows were demolished). Police guarded only a small number of damaged businesses during the disorder, but the Garmises’ store had the advantage of being near a major intersection, close to the commercial blocks of West 116th Street, an obvious place for police to be stationed. At 3:00 AM, just over an hour after the arrests of Thompson and Easley, when the level of disorder was diminishing, Officer Charles Necas allegedly saw Robert Tanner, a seventeen-year-old Black student, put his hand through the broken window and take a pipe, according to the Magistrates Court affidavit. Necas then arrested Tanner. That Tanner allegedly took a single pipe suggests that there was little merchandise in the window at that time, that most of the looting had occurred earlier. Tanner lived on West 116th Street only three buildings west of 7th Avenue, at 218 West 116th Street. There is no mention of a crowd.

The Garmises’ total loss of $100 of merchandise is well below the damage in stores whose interiors were looted, suggesting that only the window displays may have been looted. The Garmises are not among those identified as suing the city for damages for failing to protect their business. Unlike many other businesses, they did not have insurance for their store windows, they told a Probation officer, but as part of the United Cigar chain, they did have burglary insurance. However, they could collect that insurance only if the disorder was not a “riot,” an unlikely determination after the city lost in the civil courts. Nonetheless, the Garmises were able to remain in business. The MCCH business survey found a United Cigar Store in the same building (although it misidentified the address as 1910 not 1916 7th Avenue). In 1940, Jack Garmise listed the store as his place of employment in his draft registration. The Garmises had opened the store and moved to Manhattan sometime after 1930; the family appeared in the 1930 and 1920 censuses living in the Bronx, with Russian-born Emmanuel working in linen supply and as a laundry salesman. They were still at 1974 5th Avenue in the 1940 census.

Thomas Jackson (whose name was technically Thomas Dean, but who used his stepfather's last name), Raymond Easley and Robert Tanner all appeared in the Harlem Magistrates Court on March 20. Magistrate Renaud sent all three to the Grand Jury on the charge of burglary, and Easley also to the Court of Special Sessions charged with carrying a dangerous weapon, a misdemeanor. While Jackson and Tanner were indicted, and then agreed to plead guilty, Easley had the charges against him dismissed. There is no evidence to explain that decision. Neither the 28th Precinct Police Blotter nor the District Attorney’s case file recorded the outcome of his prosecution for carrying a razor. Judge Donellan sentenced Jackson to six months in the workhouse; and Judge Nott sentenced Tanner to the New York City Reformatory, in line with his age.
Appointing the Commission 31 plain 2022-11-12T03:29:52+00:00
Most newspapers reported in the same edition both the statement that Mayor La Guardia released on the morning of March 20 and had distributed in Harlem and his afternoon announcement of who had appointed to the Commission. Only the appointment of the eleven Committee members was reported in the Daily News, New York Evening Journal, and Brooklyn Daily Eagle, while their names were included in the Home News, NYWT, Atlanta World. The NYA published the names of only the six Black members. The names and the occupations provided by the Mayor’s press statement were published in the Daily Mirror, New York American, NYT, DW (3/22) and the AN (3/30). The New York Post, and the AA and NJG, combined that occupational information with information on the political affiliations of each member. The NYHT and NYS published more extended biographies of all eleven members.

Black members:
- Hubert T. Delany
  - "Tax Commissioner of the City of New York" in the Press statement, DM and Am
  - "Negro, lawyer, graduate of the College of the City of New York and New York University Law School, Assistant United States Attorney under former United States Attorney Charles H. Tuttle, Republican candidate for House of Representatives from 21st Manhattan District in 1920. Commissioner of Board of Taxes and Assessments by appointment of Mayor LaGuardia in February 1934." in the New York Herald Tribune
  - “lawyer and Republican leader" in the New York Post
- A. Philip Randolph
  - "Natl. President, Brotherhood of Sleeping Car Porters" in the Press statement
  - general organizer and president of National Brotherhood of Sleeping Car Porters, attended College of City of New York, founder of a magazine, "The Messenger" in the New York Herald Tribune
  - “president of the National Brotherhood of Sleeping Car Porters” in the New York Post
- Charles Roberts
  - "Dentist" in the Press statement
  - - Negro, dentist, graduate of Lincoln University, Republican candidate for House of Representatives from 21st District in 1924, member of Board of Aldermen, 1931-1933.
  - “dentist, Republican leader and former Alderman” in the New York Post
- Charles Toney
  - "Municipal Court" in the Press statement
  - Justice of Municipal Court; graduate of Syracuse University, Tammany Democrat.
  - "justice of the Municipal Court and Democratic political leader” in the New York Post
- Eunice Hunton Carter
  - “social worker and lawyer" in the Press statement
  - "Lawyer and social worker, holds degrees from Smith College and Columbia and Fordham Universities, Republican-Fusion candidate for Assembly from 19th Manhattan District in 1934.
  - “lawyer and social worker and Fusion political leader” in the New York Post
- Countee Cullen
  - "Author" in the Press statement
  - "poet, graduate of New York University; contributor to magazines and newspapers and winner of several poetry awards."
  - “the poet” in the New York Post
White members:
- Arthur Garfield Hays
  - "Lawyer"
  - "Lawyer, graduate of Columbia University, counsel to American Civil Liberties Union, appeared as defense counsel in many cases involving civil liberties - coal strike in Pennsylvania, 1922; Scopes evolution trial in Tennessee, 1925; Countess Cathcart immigration case; Sacco-Vanzetti case in 1927, and most recently in defense of John Strachey, English lecturer threatened with deportation.
  - [abbreviated as “of the Civil Liberties Union,” and grouped with Ernst in the New York Post
- William J. Schieffelin
  - "Trustee of the Tuskegee Institute” in the Press statement, DM and Am
  - "Chemist, graduate of Columbia School of Mines and University of Munich, chairman of Citizens Union, trustee of Hampton Institute and Tuskegee Institute, schools for the education of Negroes."
  - [abbreviated as “chairman of the Citizen's Union and of Tuskegee Institute, the Negro university” in the New York Post
- Morris L. Ernst
  - "Lawyer" in the Press statement; “writer and publisher” in the DM and Am]
  - "lawyer, graduate of Columbia University, member of American Civil Liberties Union, counsel in many liberal causes, represented Mrs. Margaret Sanger, birth-control advocate; mediator in recent taxicab strike by appointment of Mayor LaGuardia."
  - "of the Civil Liberties Union,” and grouped with Hays in the New York Post
- Oswald Garrison Villard
  - "Publisher"
  - "owner of "The Nation"; graduate of Harvard University, liberal crusader, grandson of William Lloyd Garrison, founder of "The Liberator," and apostle of abolition of slavery."
  - “editor of the Nation” in the New York Post
- John J. Grimley
  - "Doctor"
  - physician, lieutenant-colonel of 369th Infantry, National Guard of New York, crack Negro regiment."
  - “lieutenant-colonel of the Negro 369th Infantry, National Guard” in the New York Post"
La Guardia announced the members had been selected “because of their distinct contributions in their several fields,” according to a story in the New York Sun [3/21, 21]. He would later say that the appointments had been made "by advice.” <NYA, 3/30, 1> There is no direct evidence of who offered La Guardia that advice. That it had not come from the leaders of Harlem’s social organizations is clear from the pointed request that James Hubert, the Executive Director of the Urban League, made to LaG in a letter on March 26, “that in the future you will avail yourself of such assistance as is very easily obtained in Harlem and other Negro sections of the City to the end that whatever is undertaken may be accomplished as I know you desire the work to be done.” <2 Urban League to LaG, 26 March 1935> Instead, La Guardia appeared to have relied on those with who he had political ties. Hubert Delany was likely one source of advice. La Guardia, who had appointed him Tax Commissioner, treated him “as an unofficial ombudsman for the black community” according to historian Thomas Kessner. <371> (Delany was a member of NAACP, holding a position responsible for “Legal Redress and Legislation” – letterhead of Butler letter). The NAACP did send La Guardia a list of names on March 20 that included three of those appointed – Hays, Ernst, and Carter – but there is no evidence to confirm that the Mayor received that list before announcing the Commission members. <NAACP 0267-4> Historian Stephen Carter argued that Eunice Hunton Carter may have been appointed in recognition of her willingness to run for a state assembly seat for La Guardia’s Republican-Fusion party the previous year. He noted that the party machine “had a tradition of finding places for candidates willing to run in tough cases against incumbents.” <105> An Associated Negro Press story published in the Norfolk Journal and Guide attributed Carter’s subsequent appointment to Thomas Dewey’s team of special prosecutors going after the Mob to that obligation. <cited in Carter, 105>.

La Guardia subsequently added two additional members, a Black clergyman and a white clergyman. Only the AN reported those appointments, suggesting that the Mayor's office did not announce them in press statements. The appointment of Rev. John W. Robinson, the retired pastor of St. Mark's, the city's largest AME church, was foreshadowed in newspaper stories about the mayor's visit to the Interdenominational Preachers Meeting of Greater New York and Vicinity on March 25. Robinson led that group. After their complainants about La Guardia's failure to appoint a minister, the mayor indicated he would consider appointing a nominee of the meeting. Stories in the ? reported that the meeting chose Robinson. Evidence of an indirect political connection that may have made La Guardia receptive to that suggestion appeared in a AN story on the couple's wedding: Robinson’s second wife, pharmacist ? Coleman, was active in the Republican Party in Harlem.

That La Guardia told the Interdenominational Preachers Meeting that he would also appoint a second clergyman “chosen from a denomination not included in the Alliance” was reported only in the ??. It took until April 4, almost a week after Robinson's appointment, for the mayor to finalize that choice: Father McCann of St. Charles Borromeo Catholic Church on West 141st Street. The AN made McCann's appointment the headline of the story it published on April 6 about the MCCH hearing. McCann had appeared in earlier stories in the HN, Am and NYJ, and in the NYP and the AN (3/30) as a result of a pastoral letter he made public on March 30[?] blaming Communists for the disorder and calling for a movement to keep them out of Harlem. The priest's anti-communism offered La Guardia a way to address those who had criticized those he had appointed as all liberals. However, La Guardia had clearly also decided the second clergyman on the committee should be Catholic as he had sought the advice of Edmund B. Butler, a prominent Catholic lawyer who was secretary of the city’s Emergency Relief Bureau about who to appoint immediately after he met with the Black ministers. Butler wrote to him the next day, to give him McCann’s name, which he had been unable to think of at that time: “He has always been very much interested in Negroes and volunteered for the work….I think that the appointment of him would be excellent.” A note on the letter recorded, “Father McCann is white,” likely another criteria for his selection given that the committee had two more Black members than white members after Robinson’s appointment. Several days later, on April 1, Butler spoke to La Guardia about McCann, after which he told the clergyman that La Guardia was going to appoint him. On April 4, La Guardia wrote to notify Roberts that he had appointed Father McCann. Even after the CP wrote to both the MCCH and the Mayor to complain about McCann's appointment on April 25, the DW did not report it.

Secondary sources?
Regal Shoes looted Edward Wittleder, the assistant manager, closed Regal Shoes, on the southeast corner of West 125th Street and 7th Avenue, at 10 PM, according to his Magistrate's Court affidavit. By that time store windows had been smashed the length of the block of 125th Street to the west, between 7th and 8th Avenues. Police trying to clear people from the street had pushed them toward the intersection on which Regal Shoes sat, creating large crowds, as well as concentrating the officers and riot control trucks there. After 10 PM, small groups had begun to attack businesses north and south of the intersection on 7th Avenue and further east on 125th Street. By 11 PM the store window had been smashed (a reporter from La Prensa included Regal Shoes among the businesses he saw with broken windows the next day). So too had the windows of the businesses on the other three corners of the intersection. Two of those stores, Herbert's Blue Diamond jewelry store and the United Cigar store had police guarding the storefronts that appear to have protected them from being looted. Police do not appear to have taken up positions in front of the shoe store, but were close enough to watch the store. Around 11 PM, Officer Peter Naton of the 28th Precinct claimed he saw John Vivien, a twenty-seven-year-old Black laborer, reach through the window and take a pair of shoes from the display. Naton then arrested Vivien, who he said still had the shoes in his possession. Wittleder identified them as coming from the store and being worth $5.50.

Vivien lived at 483 Manhattan Avenue, two blocks west of Regal Shoes, near the corner of West 120th Street. He appeared in the Harlem Magistrate's Court on March 20, where Magistrate Renaud held him for the grand jury on bail of $1000. The Home News reported those proceedings; the remainder of his prosecution is recorded only in legal records and police records. Vivien appeared before the grand jury on April 4, according to his District Attorney's case file; they sent him to the Court of Special Sessions rather than indicting him, indicating a lack of the evidence that he had broken into the store required for a charge of burglary. A charge of larceny was likely the alternative, with the items valued well below the $100 required for a felony charge. The judges in that court then convicted him and suspended his sentence, an outcome recorded in the 28th Precinct Police Blotter.

Regal Shoes continued in business after the disorder. The MCCH Business Survey from the second half of 1935 includes the store, whose address it gives as 2097 7th Avenue rather than 166 West 125th Street as in the reports of the looting. The store also appears in the Tax Department photograph taken between 1939 and 1941, of the building labeled 2901 7th Avenue.
Morris Towbin's haberdashery store looted Around 10.30 PM, a group of eight men entered Morris Towbin's haberdashery store on the corner of West 125th Street and Lenox Avenue. Towbin and a clerk named Cy Bear were in the store, apparently still open for business despite the crowds around Kress' store and breaking windows in other stores one block away on West 125th Street. In his affidavit in the Magistrates Court Towbin described the men using “force and fear and…threatening to kill” to steal goods from the store with a value of $5000, breaking windows and store fixtures in the process. A Probation Department investigation by G. H. Royal used more sensational language to also describe a robbery, in which “the defendant and a group of hoodlums…brandished knives with which they threatened [Towbin] and his clerk, demolished fixtures and perpetrated other acts of vandalism,” after which they forced the men into the basement of the store. However, the Police Blotter and newspaper reports of the arrest of a man who allegedly took part labeled the event as looting, without mention of threats of violence. The charge recorded in the blotter is burglary not robbery, and it is that charge that is reported in the list in the Atlanta World, Afro-American, and Norfolk Journal and Gazette, and the list in the New York Evening Journal. The Home News report of the Magistrates Court hearing includes no mention of the force in the affidavit, describing Towbin’s store as looted, the goods carried out, and the windows smashed, and not noting that the charge brought was robbery not burglary. Reporting of Towbin’s statements as president of Harlem Merchants Association after the disorder likewise referred to a looting, with the New York Daily News identifying his store as one “into which hoodlums broke and stole several thousand dollars worth of merchandise,” and the Home News as “one of those wrecked during the disorder.” Moreover, the arrest of the man charged occurred away from the store, and was based on the goods he had in his possession, as in the other arrests for looting away from the scene of the crime. He was not charged with possession of a knife, so did not have the weapon Towbin alleged had been used and provided the legal basis for charging robbery not burglary. Given this evidence, the thefts from the haberdashery store have been categorized as looting, not robbery.

Towbin initially reported losses of $5000, but, after taking an inventory, told the Probation Department officer that only $2000 of goods had been stolen. His insurance paid $1000 for the goods taken from inside the store; the policy did not cover the goods taken from the store window. Another insurance company replaced the smashed plate glass windows, at a cost of $226.89, but the damaged fixtures, Towbin estimated, would cost an additional $1000 to replace. That he was well-insured suggested that Towbin’s business was more established than many of those on Harlem’s avenues. It certainly occupied a prime location, next to an entrance to the 125th Street subway station, through which crowds entered and exited the neighborhood. Towbin’s leadership of the Harlem Merchants Association, an all-white organization established during the picketing of white business on West 125th Street in 1934, also suggests his standing in the white business community. It is not surprising, then, that he remained in business in the years immediately after the disorder.

At 1.00 AM Patrolman William Clements observed Edward Larry, a twenty-six-year-old Black laborer traveling in a taxi at West 123rd Street and 7th Avenue. He stopped the taxi, and found that Larry had a box containing eight shirts, with a value of $12. Not satisfied with Larry’s explanation that he had found the shirts on the street at West 129th Street and Lenox Avenue, Clements took him to the 28th Precinct for further questioning. He was one of nine men arrested away from the store they had allegedly looted, a group making up one third (9/27) of the arrests for which that information is known (27/60).

Towbin was at the police station, where he had gone to report the theft from his store once the group of men fled. It is not clear how he had spent the two and a half hours since the men entered his store; it would have taken some time for a group of men, even if joined by others, to remove $2000 of goods, so he may have been in the basement for much of that time, and given the growing scale of the disorder, he also may have had to wait some time at the 28th Precinct station to report the theft. Regardless, he saw Larry there, and identified him as one of the men who had threatened him, and the shirts in Larry's possession as from his store. That encounter is described only in the more detailed account included in the Probation Department investigation, not the Magistrates Court affidavit. Had Towbin only identified the property Larry would have been charged with burglary; the allegation of force changed the charge to robbery. That the the charge against Larry is recorded in the police blotter as burglary suggests that Towbin's identification came after Larry's initial booking, as police charged others arrested away from looted stores in possession of goods suspected of being stolen with burglary.

Arraigned in Harlem Magistrates Court on March 20 and held without bail, Larry was indicted for robbery by the grand jury. Rather than go to trial, he agreed to plead guilty to Attempted Grand Larceny in the second degree. The judge sentenced Larry to a term of between fifteen months and thirty months in the State Prison. That was the longest sentence given to anyone arrested in the disorder, a reflection of the charge, and of Larry’s criminal record, which included three convictions for pickpocketing in the three years before the disorder, and most significantly, a conviction for grand larceny in West Virginia in 1928.
Chain Grocery store looted Some time during the disorder a "chain store at 135th St. and Lenox Ave" was looted, according to a story in the Home News. The store was likely the A & P grocery store at 510 Lenox Avenue, the only chain grocery store near that intersection in the MCCH Business survey. That store was in the six-story building on the northeast corner of the intersection, about four stores north of the corner, just beyond the entrance to the subway station. The white-owned A & P chain had nine grocery stores in Harlem, and James Butler, the other white-owned grocery chain with stores in Harlem, had seven stores, in the MCCH Business survey. The only reference to the looting is a Home News report of the appearance in the Washington Heights Magistrates Court of three Black men, twenty-eight-year-old Raymond Taylor, forty-two-year-old Preston White and fifty-year-old Joseph Payne. White and Payne allegedly smashed the store window and took food. Taylor was arrested "stealing a quantity of groceries." All three men were arrested "in the store." Officer Archbold of the 30th Precinct is recorded as having arrested White and Payne, and Officer D. Conn of the 24th Precinct as having arrested Taylor, in the Magistrates Court docket book. There is no mention of the value of the merchandise the men allegedly stole. Only one other reported event occurred on Lenox Avenue north of West 135th Street, the arrests of Charles Alston, Edward Loper, Albert Yergen and Ernest Johnston for allegedly shooting at police at 138th Street at the very end of the disorder. As on the blocks of Lenox Avenue south of 135th Street, more than three-quarters of the business on the block containing the grocery store were white-owned.

Taylor, White and Payne appeared in the lists of those charged with burglary in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. When they appeared in the Washington Heights Magistrates Court on March 20, the charge against them was originally recorded as burglary, with Payne and White denied bail, and Taylor held on bail of $1000. No complainant is listed. The three men returned to the Magistrates Court on March 26, at which point all had the charge against them reduced from burglary to disorderly conduct. Magistrate Ford convicted all three men, and sentenced White and Payne each to five months and twenty-nine days in the Workhouse, and suspended Taylor's sentence. There is no information on why Taylor received a different sentence.

If the looted store was the A & P store at 510 Lenox Avenue, it continued in business after the disorder, appearing in both the MCCH Business survey in the second half of 1935 and the Tax Department photograph taken between 1939 and 1941.
Drug store windows broken (339 Lenox Ave) Sometime during the disorder windows were smashed in the white-owned drug store at 339 Lenox Avenue, on the northwest corner of West 127th Street. A single large hole is visible in the center of the window facing West 127th Street, and another in the adjacent window facing Lenox Avenue, in a photograph taken the next day published in the Afro-American. (The photograph caption for the Getty Images version of the photograph locates the store "at 127th Street and Lenox Avenue," and the Tax Department photograph confirms the store was on the northwest corner so 339 Lenox Avenue). The store may have been looted. There is no merchandise in the store windows in the photograph. However, the image appears to have been taken after the clean-up had begun, so the merchandise might have been removed as part of the removing debris from the windows not taken during the disorder. Frank De Thomas' candy store next to the drug store on West 127th Street was looted, as was Sol Weit and Isaac Popiel's grocery store two buildings north on Lenox Avenue. Many other stores in the surrounding blocks of Lenox Avenue had windows broken and goods taken. Few arrests were made as a result of those attacks, as police lacked the numbers to control the many crowds on the streets, but police did make two arrests for breaking windows in 339 Lenox Avenue, as well as arrests for looting the two nearby stores, suggesting that officers were stationed at the intersection. There are no details of the circumstances of the arrests for breaking the drug store windows, but the same detective is recorded as the arresting officer, making it likely the arrests occurred at the same time.

A story in the Home News is the only evidence connecting two of the men arrested for allegedly breaking windows to the drug store. Arthur Bennett and James Bright, both Black men twenty-eight years of age, appear in lists of those charged with disorderly conduct published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. Inexplicably, the 28th Precinct police blotter records "Annoyed pedestrians" as the charge against the men; no one else arrested during the disorder was charged with that offense. Bennett and Bright appeared in the Harlem Magistrates Court on March 20 charged with disorderly conduct, with Detective Perretti of the 6th Division recorded in the docket book as having arrested both men. They had allegedly thrown "stores through the window of the store at 339 Lenox Ave.," according to the Home News story on those proceedings. Neither man lived close to the store, with Bennett giving his address as 48 West 119th Street, eight blocks south, and Bright's address recorded as 43 West 133rd Street, five blocks north. Magistrate Renaud convicted both men. They returned to the court for sentencing on March 23, receiving a term of one month in the workhouse "for breaking windows" from Magistrate Renaud in proceedings reported in the Afro-American, New York Age, New York Daily News, and New York Times. None of those stories gave an address for the store whose windows the men had allegedly broken.

A white owned drug store is recorded at 339 Lenox Avenue in the MCCH business survey taken in the second half of 1935. The Tax Department photograph from sometime between 1939 and 1941 shows a drug store at the address; there is no information available to establish if it is the same business as operated in 1935.
Danbury Hat store windows broken and looted Some time during the disorder, the windows of the Danbury Hat store at 2334 8th Avenue were broken, likely allegedly by David Terry, a twenty-eight-year-old Black man, and, around the same time, James Hayes, a sixteen-year-old Black youth, allegedly took a baseball bat from the store window. There are no clear details of the circumstances of the damage to the store or the men's arrest. Hayes lived at 476 West 141st Street, on Black Harlem's northwest boundary, further from the location of his arrest than most of those caught in the disorder, who typically lived south of 125th Street or near Lenox Avenue south of 135th Street. Terry had "no home." Police had pushed the crowds that gathered in front of Kress' store to the intersection of 125th Street and 8th Avenue early in the disorder, and groups of people remained in the area for several hours. Nearby stores on either side of the hat store had windows broken: the branch of the Liggett's drug store chain to the south, on the northeast corner of 125th Street; and a seafood restaurant to the north at 2338 8th Avenue. Neither of those stores was among those reported looted. Other isolated reports of looting and arrests on 8th Avenue occurred further north, around 127th and 128th Streets.

The Danbury Hat store was one of the businesses with broken windows identified by the reporter for La Prensa who walked along West 116th Street, up Lenox Avenue and across West 125th Street to 8th Avenue on the day after the disorder. The business is also likely the storefront that appears in a photograph published in the Decatur Review.

Although the caption does not identify the business, hats are visible in the display window, together with the last few letters of the store name on an unbroken section of glass at the bottom of the window: "RY HAT CO.." (The only other hat store recorded as having been damaged or looted is Young's Hat store). Two white men pose in front of the damaged store; white bystanders are most likely to be found near West 125th Street, where the Danbury Hat store was located. A large basket sits inside the display window, perhaps a trash bin taken from the sidewalk. The stock just visible behind the basket suggest that the store was not looted.

Despite this damage, the Danbury Hat store was recorded as in business in the second half of 1935 in the MCCH business survey, mistakenly located at 2336 8th Avenue. The Tax Department photograph was taken from too far away to show the presence of the store when it was taken between 1939 and 1941.

Hayes taking a baseball bat from the store was reported in a story about his appearance in the Magistrates Court in the Home News, which gave only the address of the store. The name of the store is confirmed by the Harlem Magistrates Court docket book, which recorded the complainant against Hughes as Wilbur Montgomery, living at 951 Woodycrest Avenue. Montgomery is identified in the 1933 City Directory as the manager of Danbury Shoes. He was also recorded as the complainant against David Terry. There are no sources with details of the circumstances of Terry's arrest, only the charges made against him.

Officer Balkin was recorded as the arresting officer of both Hayes and Terry in the Harlem Magistrates Court docket book, suggesting they were arrested at the same time. James Hayes appeared in the 28th Precinct Police Blotter, his name misrecorded as Hazel, as charged with burglary, with the note "Broke store window, burglarized store." In line with that entry, he was among those charged with burglary in the lists published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. However, when Hayes appeared in the Harlem Magistrates Court on March 20, the charge was recorded as petit larceny not burglary. That charge did not require evidence of breaking in and entering a store as burglary did, indicating a reassessment of the information in the blotter by the time of his arraignment. Magistrate Renaud transferred Hayes to the Court of Special Sessions and held him on $500 bail.

Instead, it appears that it was Terry who was charged with breaking the store windows. In the Harlem Magistrates Court docket book the charge recorded against him when he appeared in March 20 was malicious mischief, an offense involving destruction of property used against the other individuals arrested during the disorder for allegedly breaking windows. Magistrate Renaud held Terry in custody so his case could be investigated. When he was returned to court on March 26, the charge against him was reduced to disorderly conduct, the previous charge crossed out in the docket book, "Red. to" written above it, and the new charge stamped in its place. It is that reduced charge of disorderly conduct that appeared as the charge against Terry in lists published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. A different charge recorded against him in the 28th Precinct Police Blotter, inciting a riot, appears to have frequently been used by police as the initial charge against those arrested during the disorder, and was often replaced by other charges in the Magistrates Court.

As disorderly conduct was a charge that Magistrates had the power to adjudicate, Terry was tried in the Harlem Magistrates Court and convicted by Magistrate Renaud, who sentenced him to pay a $500 fine or spend five days in the workhouse. Terry served the time in the workhouse, according to the 28th Precinct Police blotter. The blotter also recorded the outcome of the prosecution of Hayes, five days later, on April 1: tried in the Court of Special Sessions and convicted by the judges, who gave him a suspended sentence.
Thomas Cut Rate Drug store looted Some time during the disorder, Thomas Babbitt, a forty-two-year-old Black man, allegedly took two cases of soap from the window of the Thomas Cut Rate Drug store at 2374 8th Avenue, on the northeast corner of West 127th Street. He did not smash the window. A Home News story described Babbitt as having "stolen two cases of soap from a drug store window;" the 28th Precinct Police Blotter included a less ambiguous description, that he "Put hand though Window. Stole merchandise." Detective Balkin of the 5th Division arrested Babbitt, according to the Harlem Magistrate's Court docket book; at some time in the disorder he also arrested James Hayes for allegedly looting the Danbury Hat store two blocks to the south, near 125th Street. The attack on the Thomas drug store was one of the northern-most reports of disorder on 8th Avenue; further uptown were the arrests of Jean Jacquelin at 128th Street, in possession of goods he allegedly took from a store on 7th Avenue, and Henry Stewart for allegedly breaking a window in a meat market at 2422 8th Avenue, between 130th and 131st Streets. Police shot and killed James Thompson on corner diagonally opposite the drug store at the end of the disorder. Police made three other arrests in the block south of the drug store, of Emmet Williams and Theodore Hughes for allegedly breaking windows and looting a meat market and Rose Murrell for breaking windows. There is no evidence of when any of those events occurred. The businesses on the blocks of 8th Avenue north of 125th Street were almost entirely white-owned when the MCCH business survey was taken in the second half of 1935.

Babbitt is among those listed as being charged with burglary in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and in the New York Evening Journal. He appeared in the Harlem Magistrates Court on March 20, charged with petit larceny not burglary. That change was likely made because of a lack of evidence that he had broken the store window and entered the store to steal merchandise, and that the allegedly stolen merchandise had a value less than $100, sufficient only for a charge of misdemeanor larceny. Magistrate Renaud transferred him to the Court of Special Sessions holding him on bail of $500. His trial and conviction occurred sooner than was the case with most of those arrested in the disorder sent to that court. On March 22 Babbitt was sentenced to ten days in the Workhouse, an outcome recorded in the 28th Precinct Police Blotter.

Abraham Thomas, living at 1262 43rd Street in Brooklyn, is the complainant recorded in the docket book. Notwithstanding his last name, the forty-five-year-old white man appears to have been a staff member rather than owner of the store. In both the 1930 and 1940 census Thomas gave his occupation as "drug clerk," and his employer as Thomas Pharmacy in his draft registration in 1942 (business owners recorded themselves as self employed). Further evidence that the store remained in business after the disorder comes from the MCCH Business survey, which recorded a white-owned drug store, "Cut Rate Drug Store," at 2374 8th Avenue, and the Tax Department photograph, in which the store is visible.
Liggett's Drug Store looted Some time during the disorder, James Hayes, a sixteen-year-old Black youth, allegedly broke the window of a store at 2334 8th Avenue, and took a baseball bat from the window, according to a report of his appearance in the Magistrates Court in the Home News. There is no information on the circumstances of his arrest. The nearby intersection of 8th Avenue and West 125th Street, only a few buildings from Kress' store, saw some of the earliest crowds and violence of the disorder, and a concentration of police, who sought to clear West 125th Street by pushing people on to the avenue. However, there are few other reports of broken windows or looting on 8th Avenue, with most of those attacks on Lenox and 7th Avenues, notwithstanding that almost all the businesses were white-owned.

The branch of the Liggett's Drug Store chain, located on the corner of 8th Avenue and West 125th Street is one of the businesses with broken windows identified by the reporter for La Prensa who walked along West 116th Street, up Lenox Avenue and across West 125th Street to 8th Avenue on the day after the disorder. As well as businesses on the block immediately south of 125th Street, their list included two other businesses on the block to the north with broken windows: the Danbury Hat store at 2334 8th Avenue; and a seafood restaurant on the other side of the hat store at 2338 8th Avenue. The MCCH business survey gave the address of the white-owned store Danbury Hats as 2336 8th Avenue. Both addresses for the Danbury Hat store place it in one of the two store fronts visible in the Tax Department photograph to the left of the drug store, under the elevated railroad tracks. The MCCH business survey listed a barber as the other business at 2336 8th Avenue in the second half of 1935.

None of the sources identify the business. It seems likely it was a branch of the Liggett's Drug Store chain, located on the corner of 8th Avenue and West 125th Street. The Tax Department photograph of the corner taken between 1939 and 1941 shows that the drug store window stretched from the corner two thirds of the length of the building that ran from 2330 to 2336 8th Avenue, so would have taken in 2334 8th Avenue. The Liggett's Drug Store is not in the MCCH Business survey, which does not include any stores on the corner of that building, the Bishop Building, only a shoe store at 273 West 125th Street and a bank at 277 West 125th Street, and the Danbury hat store (whose windows were broken during the disorder) and a barber at 2336 8th Avenue. Mention of the store in that location in an article in the New York Amsterdam News in 1932 about a man charged with throwing a brick through the store window (with the address given as 281 West 125th Street) and in the caption of a photograph of picketing of the store in 1938 also in the New York Amsterdam News confirms that the drug store was on the corner prior to when the Tax Department photograph was taken between 1939 and 1941.

James Hayes appears among those charged with burglary in the lists published in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and in the New York Evening Journal. Hayes appeared in the Harlem Magistrates Court on March 20, where the charge was recorded as petit larceny not burglary. That charge did not require evidence of breaking in and entering a store as burglary did. Magistrate Renaud transferred him to the Court of Special Sessions and held him on $500 bail. The 28th Precinct Police Blotter, which also recorded the charge against Hayes as burglary and misspelled his name as Hazel, is the only source for the outcome of that proceeding: a conviction and suspended sentence. The blotter also added the detail that he broke the window, rather than reaching through an already broken window. Hayes lived at 476 West 141st Street, on Black Harlem's northwest boundary, further from the location of his arrest than most of those caught in the disorder, most of whom lived south of 125th Street or near Lenox Avenue south of 135th Street.
Grocery store on West 137th Street looted Sometime during the disorder the grocery store at 1 West 137th Street, close to the northwest corner of 5th Avenue, was looted. That store is visible in the Tax Department photograph of 3 West 137th Street taken between 1939 and 1941. The two stores in the foreground are part of a different building which fronts 5th Avenue, and includes the lunch bar partly visible on the right, and would have had the address 1 West 137th Street, one of which has a sign identifying it as a grocery store. The MCCH Business survey in the second half of 1935 includes only one store at 1 West 137th Street, a black-owned stationary store that is likely the storefront to the left of the grocery store in the Tax Department photograph. The survey identifies the store at 3 West 137th Street, immediately to the left of the triangle on the sign in the Tax Department photograph, as a black-owned grocery store that the investigator described as a "Fairly well supplied store. Has been here 8 years." That is not the grocery store reportedly looted.

When Elva Jacobs, an eighteen-year-old Black woman, appeared in the Washington Heights Magistrates Court on March 20 charged with burglary, the Home News added the details that she had "broken a store window at 1 W. 137th St. and taken groceries." No complainant is recorded in the docket book, nor is the name of the storeowner recorded after the disorder by the MCCH investigator. Officer L. W. Adamie of the 46th Precinct arrested Jacobs. He also arrested Courtney March, a thirty-nine-year-old Black man who appeared in court immediately after Jacobs, facing the same charge of burglary. Based on other cases recorded in the docket book that indicates that Marsh was also arrested for looting the grocery store, but he is not mentioned in the Home News story on the arraignments in the court, nor does he appear in the list of those arrested in the disorder published in the Atlanta World, Afro-American and Norfolk Journal and Gazette in which Jacobs appears (neither of them are in the list published in the New York Evening Journal). Given that absence, and without a complainant recorded in the docket book to confirm a link between the two, Marsh is not included among those arrested during the disorder.

Magistrate Ford remanded Jacobs in custody. When she returned to court the next day, the docket book records that Ford set her bail at $1500. Two days later, on March 23, Jacobs was back in court. This is likely when the charge against her was reduced from felony burglary to unlawful entry; in the docket book the original charge is crossed out and "Red. to unl. entry" written in its place, in a different handwriting than the original charge. The same handwriting records that on this date Ford sent her to the Court of Special Sessions, to be tried for a misdemeanor, reducing her bail to $50. There is no evidence of the outcome of that trial. The 28th Precinct Police Blotter records outcomes for trials in the Court of Special Sessions for the individuals taken there, but the MCCH records do not include the police blotter for the 32nd Precinct, to which Adamie would have taken Jacobs having arrested her north of 130th Street. The prosecution of Marsh followed the same process until March 23, when Magistrate Ford discharged him rather than sending him for trial as he did Jacobs.

No details survive of the scale of damage done to the grocery store. While it is not in the MCCH Business survey, there is a grocery store visible in the Tax Department photograph taken between 1939 and 1941, suggesting the store may have continued to operate after the disorder.
Leo Smith arrested Sometime during the disorder, Officer Williams of the 6th Detective Division arrested Leo Smith, an eighteen-year-old white man, for allegedly "throwing a stone through a Seventh Avenue window," according to a story in the New York Herald Tribune. The specific location of the damaged store is not given. However, Smith was one of three men arrested during the disorder arraigned in the Night Court, during the disorder on March 19, the New York Herald Tribune reported, so was likely arrested near 125th Street, where the initial events were concentrated. In reporting that Smith was "accused of smashing a store window," a story in the Home News gave the address as 3180 7th Avenue, a non-existent address. He lived well to the east of Harlem, at 305 East 118th Street, between Second and First Avenues, an area with only white residents.

Smith is included in lists of those arrested in the disorder charged with disorderly conduct published in the Atlanta World, Afro-American and Norfolk Journal and Guide, in the New York Evening Journal, and in the New York American, and without a charge in a list published in the Daily News. He is not included, however, in the transcript of the 28th Precinct Police blotter, likely because he was arrested and sent to the Night Court on March 19 (although one of the two other men arraigned in the Night Court, Claudius Jones, is in the transcript). There Magistrate Capshaw held him for the Magistrates Court, on bail of $500. On March 20, Smith appeared in the Harlem Magistrates Court, charged with disorderly conduct. Magistrate Renaud tried and convicted him that day, holding him for sentence, according to the Harlem Magistrates Court docket book and a story in the Home News. When Smith returned to court on March 23, it was for sentencing, stories in the Afro-American, New York Age, Daily News and New York Times reported. Magistrate Renaud sent him to the Workhouse for one month.

Smith is recorded as white in the Harlem Magistrates Court docket book, and in stories about his sentencing in the Afro-American, New York Age, Daily News and New York Times. Only the lists published in the New York Evening Journal and Daily News did likewise. Neither story about his first appearance in court, in the New York Herald Tribune and the Home News, mentioned his race. His address, well east of the areas of Black residences in Harlem, fitted with his recorded race (although the New York Evening Journal, New York Herald Tribune and Daily News mistakenly recorded his address as West 118th Street). None of the newspaper reporting offered any comment regarding Smith's race.
Herman Young assaulted Around 1.00AM, Herman Young, a fifty-three-year-old Austrian-born white man who had lived in Harlem for twenty years was cut on the head by flying glass after a stone was thrown through the glass door of his Lenox Avenue hardware store. Young and his wife Rose had come from their apartment above the store after hearing smashing glass. Rose went to the store first, turning on the lights in the store and front windows. On the stoop, she encountered a man, who called her names and punched her on the shoulder. He then tried to push past her into the store, but encountered her husband on the other side of the door. According to Young, the man cursed at him - "You Goddam Jew I am going to kill you if you don’t get out of here” -- and then smashed the glass in the door. Rose testified that the man used a piece of pipe; Herman said he used "some instrument." Police later reported a stone had been thrown through the door. Rose said she saw glass hit Herman; the stone may also have hit him.

Young appears in lists of the injured published by the New York Post (mistakenly identified as a Patrolman) and the Home News, and among those recorded as attended by physicians from Harlem Hospital, likely in the emergency room. All three sources describe the injury as a laceration of the scalp, with the hospital record adding the detail that it resulted from being hit with a stone, and the report of the arrest adding that Young had been cut by flying glass. The other details appear in the District Attorney's case file, which includes notes on statements by Herman and Rose Young, an arresting officer, and the man arrested for the assault and his wife. (Another man, James Williams, was later arrested for looting the store; the affidavit in his case makes no mention of Young being assaulted by a man, instead recording that he had come downstairs to find four men in the store stealing merchandise).

Isaac Daniels, a twenty-nine-year-old black man was arrested and charged with throwing the rock. According to notes in the District Attorney's case file, when Young was having his wound stitched at Harlem Hospital around 1:30AM, Daniels came in for treatment. Young identified him as the man who assaulted him, and an officer at the hospital arrested him. Young said he could identify Daniels as he had stared at him through the glass in the store door for several minutes.

Questioned in a lineup at the Manhattan Police HQ, Daniels denied throwing the stone at Young, and said he had been in the area because he was coming home. Daniels, a native of Georgia who had come to New York City in 1928, lived with his wife only a few blocks from Young's store, at 73 W. 130th St. Later, at his trial, he added the detail that he had gone out to buy cigarettes. His wife said that he had gone to the movies, and was listening to the radio at home at 1 AM, when Young was attacked; notes in the District Attorneys case file say that neither statement was true without indicating the basis for that claim.

Daniels was one of the first of those arrested to appear in the Magistrates Court on March 20, charged with felonious assault. The Home News reported he was back in the court two days later, one of three men returned to have their original charges dismissed so they could be rearrested and new charges brought (which is likely why Daniels appears in the 28th Precinct Police Blotter as having been discharged). The indictment in the District Attorney's case file has a charge of first degree assault, with intent to kill, struck out, leaving a charge of second degree assault, with intent to cause bodily harm, suggesting that prosecutors reduced the charge after obtaining details of what happened. Indicted for assault, Daniels was one of the handful of individuals tried for alleged offenses during the disorder. On April 9, the District Attorney's case file recorded that a jury acquitted him of the charge of assault, likely because of questions over Young's identification of him.
Lokos Clothes shop windows broken Windows in the Lokos Clothes store at 2275 8th Avenue were broken sometime during the disorder. Located just north of West 122nd Street, on the west side of 8th Avenue, the store was in an area with no other reported activity during the disorder other than rocks hitting Patrolman Harry Whittington as he traveled on an Emergency truck. Officer Phillips of the 28th Squad arrested two men for allegedly having "thrown an ashcan through the window" of the store, according to a story in the Home News. One of those arrested, William Norris, a twenty-two-year-old Black man, gave his address as 201 West 122nd Street, only a block east of the clothing store. The other individual arrested, Charles Wright, a twenty-two-year-old Black man, is recorded as having "no home" in the 28th Precinct Police blotter and the Harlem Magistrates Court docket book, but with an address in Philadelphia in the Home News. There are no details of the time or circumstances of the arrests.

Pauline Lokos, a thirty-nine-year-old white woman, was identified as the storeowner in the Home News and recorded as the complainant in the Harlem Magistrates Court docket book when Norris and Wright appeared in court on March 20. She and her husband Henry are listed in the 1933 City Directory as the owners of the men's clothing store at 2275 8th Avenue, which the Home News story misidentified as a delicatessen. An advertisement in 1954 said the business had opened in 1914. In 1933 the Lokos family lived at 312 West 122nd Street, just a block west of the store, on the corner of Manhattan Avenue, a section of Harlem where the residents were white in the early 1930s.

When Norris and Wright appeared in the Harlem Magistrates Court both men were charged with malicious mischief. Magistrate Renaud transferred them to the Court of Special Sessions for trial, where the judges convicted them. On April 1st, the judges sentenced them each to three months in the workhouse, according to the 28th Precinct Police blotter.

The clothing store was recorded as a white-owned business in the second half of 1935 in the MCCH business survey, which mistakenly located the business at 2273 8th Avenue. By 1937, Lokos Clothes had relocated to 2285 8th Avenue, in the three-story building north of their location in 1935 (where the New York Amsterdam News reported a police officer had shot and killed Allen Bruce after allegedly seeing the twenty-five-year-old Black laborer smash the display window and take a coat). A "Henry Lokos Clothes" store sign is visible in a Tax Department photograph taken between 1939 and 1941, overhanging the street north of the one-story building in which it was located in 1935. The Lokos' two sons also gave 2285 8th Avenue as their place of employment when they registered for the draft in 1942. By April 6, 1940, when a census enumerator called, the family had moved to 285 St. Nicholas Avenue, between West 124th and West 125th Streets, still close to the store and in a section of Harlem west of 8th Avenue where white residents remained the majority.
John Vivien arrested Around 11 PM, Officer Peter Naton of the 28th Precinct claimed he saw John Vivien, a twenty-seven-year-old Black laborer, reach through the smashed window of Regal Shoes and take a pair of shoes from the display. Edward Wittleder, the assistant manager, had closed the store, on the corner of West 125th Street and 7th Avenue, at 10 PM, before it was damaged, according to his Magistrate's Court affidavit. However, he would have known that it was likely to be attacked. By that time store windows had been smashed the length of the block of 125th Street to the west, between 7th and 8th Avenues. Police trying to clear people from the street had pushed them toward the intersection on which Regal Shoes sat, creating large crowds, as well as concentrating officers and riot control trucks there. After 10 PM, small groups had begun to attack businesses north and south of the intersection on 7th Avenue and further east on 125th Street. When Naton (and Officer Redmond, according to the Criminal Record) arrested Vivien, he claimed he found shoes which Wittleder identified as coming from the store in Vivien's possession. They had a value of $5.50, according to the affidavit. (Naton made two other arrests around this time, of John King, thirty minutes earlier, at the intersection of 7th Avenue and West 125th Street, and of James Pringle fifteen minutes later, two blocks south on 7th Avenue at West 123rd Street).

Vivien lived at 483 Manhattan Avenue, two blocks west of Regal Shoes, near the corner of West 120th Street, on margins of the Black neighborhood. He is listed among those arrested and charged with burglary in the Atlanta World, Afro-American and Norfolk Journal and Guide, and New York Evening Journal, his name, misspelled Vivian. He appeared in the Harlem Magistrate's Court on March 20, where Magistrate Renaud held him for the grand jury on bail of $1000. It was not Vivien's first time in court; he had been arrested for robbery in 1929, a charge dismissed by a Magistrate according to his Criminal Record. The Home News reported those proceedings, also misspelling his name Vivian; the remainder of his prosecution is recorded only in legal records and police records. Vivien appeared before the grand jury on April 4, according to his District Attorney's case file; they sent him to the Court of Special Sessions rather than indicting him. That outcome indicates a lack of evidence that he had broken into the store, a requirement for a charge of burglary; the charge Vivien instead faced was likely petit larceny, a misdemeanor, as the value of the items he had taken were well below the $100 required for a charge of felony theft. The judges in that court then convicted him and suspended his sentence, an outcome recorded in the 28th Precinct Police Blotter.
Robert Tanner arrested Around 3 AM, Officer Charles Necas of the 28th Precinct reported seeing Robert Tanner, a seventeen-year-old Black student, put his hand in the broken window of Jack Garmise's cigar shop at 1916 7th Avenue and take a pipe, according to the Magistrates Court affidavit. Necas then arrested Tanner. The store window had been broken a little over an hour earlier, when two police officers allegedly saw someone in a crowd throw a milk can. At that time officers arrested two men, Thomas Jackson and Raymond Easley. That Tanner allegedly took a single pipe suggests that there was little merchandise in the window by that time, that most of the $100 of pipes, clocks, watches, razors and other goods that Garmise reported stolen had been taken earlier. While it does not appear that police officers guarded the damaged store, as they did on West 125th Street, it was in a likely location for police to be stationed: on the corner of West 116th Street, the business district south of West 125th Street, and Harlem's busiest avenue. Tanner lived on West 116th Street only three buildings west of 7th Avenue, at 218 West 116th Street. He was likely one of the many Harlem residents drawn to the streets by the disorder. There is no mention of others in the area at the time, but there are a scattering of reported events nearby around this time.

Tanner was one of only two of those arrested identified as a student, along with John Henry, and one of only four under eighteen years of age. His name is in the lists of those arrested for burglary published in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and the New York Evening Journal. When he was arraigned in the Harlem Magistrate Court on March 20, Magistrate Renaud held him for the grand jury on $1000 bail, according to the Magistrates Court docket book. The Home News published the only report of that appearance, which grouped Tanner with Thomas Jackson, one of the men arrested for the earlier attack on Garmise's shop who the docket book indicates had been arraigned shortly before Tanner. The story mistakenly reversed the timing of the men's alleged crimes described in the legal records, reporting that Tanner smashed a side window an hour before Jackson broke the front window. A grand jury indicted him on a charge of burglary on March 22nd. Three days later the New York Sun reported that Tanner appeared in the Court of General Sessions, at which time he did not offer a plea, unlike the other men who appeared with him, and the judge continued his bail. When he appeared again in the court, he pled not guilty. By April 4, he had agreed to plead guilty to petit larceny, an outcome which went unreported in the press but was noted in the District Attorney's case file and the 28th Precinct Police Blotter. The district attorney offered that plea bargain to most of those indicted for burglary. The blotter provides the only evidence of his sentence, to the New York City Reformatory, as a result of being a youthful first offender.
Horace Fowler arrested Around 1:30 AM, Detective George Booker arrested Horace Fowler, a thirty-two-year-old Black laborer who lived at 362 Lenox Avenue, after he allegedly saw Fowler break the window of Nicholas Peet's tailor's shop at 2063 7th Avenue, reach inside, and take several articles of clothing. Fowler did admit stealing the clothing in his possession when Booker arrested him, a man's suit and a lady's coat, according to the Probation Department investigation, but denied "breaking the window or knowing how it was broken." In the Magistrate's Court affidavit, Booker describes Fowler breaking the window with a club. The Probation Department investigation reports Booker as saying that he saw Fowler break the window "by throwing a missile through it." If Fowler smashed the window to gain entry, he had committed burglary; if he did not, he had only committed theft.

Fowler told the Probation Department officer that "he mingled with the crowds on the streets of Harlem following the disturbances and that when he observed the looting taking place, he stole the articles indiscriminately." The Probation Officer's notes suggest the theft was not entirely at random: "fell in with mob - needed a suit." As Detective Booker would have been in plainclothes, Fowler may have been unaware that there were police in the vicinity of the store. Fowler was certainly not the only person to steal goods from the store, and unlikely one of the first. Peet put his total losses during the disorder at $452.25 of secondhand suits, coats and pants, and an addition $133 of suits, overcoats, women's coats and dresses belonging to customers, according to the Probation Department investigation. The items found in Fowler's possession had a value of only $25. It is not clear how much of the other clothing was stolen before Fowler's arrest. It could not all have been in the display windows, so people must have entered the store, which required that the windows be broken. If Fowler had to break a window, that looting was unlikely to have happened before his arrest. However, Peet's store was located only two blocks south of West 125th Street, so crowds would have been on this section of 7th Avenue for several hours by 1:30 AM, making it unlikely that the windows remained intact that long. It is more likely that Peet did not have to break the window, and was following in the wake of other looters.

Fowler appeared in the Harlem Magistrate's Court on March 20, charged with burglary. He appears in the list of those charged with burglary published in the Atlanta World, Afro-American and Norfolk Journal and Gazette, a list published in the New York Evening Journal, and a story in the Home News that included brief summaries of the charges made in the Magistrates Court. Magistrate Renaud held him for the grand jury on $1000 bail. The criminal record provided by the Police Department in the District Attorney’s case file showed no arrests, but the Probation Department found a conviction for disorderly conduct, for loitering in the subway, for which Fowler served five days in the workhouse in 1930. Indicted on April 5, Fowler agreed to plead guilty to petit larceny on April 8. After being investigated by the Probation Department, he returned to the Court of General Sessions on April 22, where Judge Wallace sentenced him to three months in the workhouse, according to both the 28th Precinct Police Blotter and the Probation Department case file.

Born in Cooleemee, North Carolina, Fowler had lived in New York City since around 1930. At the time of the 1920 census he was still living with his mother, stepfather and their seven children in Jerusalem, North Carolina, working as a card hand in a cotton mill (his name misrecorded as Horris). Fowler appears to have left home soon after, working around North Carolina before relocating to Philadelphia around 1924. He told a Probation officer he worked as a porter in two different bakeries and the Baltimore and Ohio station restaurant, details that could not be confirmed in the time available for the investigation.

When Fowler arrived in New York City sometime in 1930, he found work as an assistant janitor in a series of apartment buildings – but likely not immediately. His arrest for loitering in the subway was in February 1930; he also mentioned an unconfirmed arrest for vagrancy in Baltimore a month earlier, when he had traveled from Philadelphia looking for work. In both cases he appears to have been seeking shelter. Work as a janitor came with onsite accommodation, first at 1955 Grand Concourse in the Bronx, then 144 West 144th Street in Harlem, and finally, from October 1931 to January 1933, back in the Bronx at 1756 Taylor Avenue, according to the information he gave the Probation officer. Sometime in 1932, Fowler also began working part-time as a porter at a drug store at 1758 East Tremont Avenue, close to the apartment building where he worked. In January 1933 he suffered a hernia which prevented him from working as a janitor. He subsequently rented a room in the apartment of Walter Stevenson and his family at 362 Lenox Avenue, while continuing to work at the drug store almost seven miles away. The owner told the Probation officer he would be glad to give Fowler on his release, as he considered him “a reliable, industrious and honest person.” His industry extended to his leisure time, much of which he spent attending adult education classes at P.S. 89.

At some point after his release in 1935, Fowler left New York City and returned to Philadelphia. In 1940, a census enumerator found him living in a Salvation Army Men’s Hostel. He had been unemployed for over two months, and reported only four weeks of work in 1939. When Fowler registered for the draft two years later, in 1942, he was still living in Philadelphia, and without a job.
Temple Grill & Restaurant windows broken Just after midnight, windows in the Temple Grill & Restaurant at 317 Lenox Avenue were broken. Officer Alfred Tait of the 42nd Precinct testified in the Harlem Magistrates Court that he saw a group of about thirty people assemble in front of the business. Then, about 12:15 AM, he allegedly heard Bernard Smith, a thirty-nine-year-old Black man shout to the group, "We will get this two windows here," and saw him then throw two stones at the restaurant windows, breaking them. Smith then allegedly shouted to the others, "You fellows get the others." Tait presumably arrested Smith in front of the store, although his statement did not mention the circumstances, but according to the officer, members of the group in front of the restaurant acted on Smith's urging, as "thereafter there were several acts of force and violence committed in said vicinity to other persons and property of others."

Located in the block between 125th and 126th Streets, the restaurant was in an area where multiple stores were reported as looted or damaged, with particularly extensive damage to both George Chronis' restaurant a building further north on the southwest corner of West 126th Street and Harry Piskin's laundry next to it on West 126th Street. Across the street, ten minutes before Tait observed the attack on the restaurant, another officer had arrested two other men who, like Smith, had allegedly urged another group to attack a drug store. By the time Chronis arrived at his restaurant at 1 AM it had been "completely demolished," according to a story in the New York World-Telegram.

Bernard Smith was the last person to appear in the Harlem Magistrates Court on March 20, where he was charged with both malicious mischief, for allegedly breaking the window, and inciting a riot, for his alleged call for the group to break other windows. Held in custody by Magistrate Renaud, Smith returned to court on March 25, when bail was set at $500 for the first charge and $1000 for the second, and then again on March 26, when Magistrate Ford sent him to grand jury on the charge of riot. Prosecutors reduced the charge of malicious mischief to disorderly conduct, of which Magistrate Ford found him guilty and sentenced him to five days in the Workhouse. A week later Smith appeared before the grand jury, which dismissed the riot charge.

Although the business Smith allegedly attacked is not named in the Magistrates Court affidavit or the Home News story on Smith's first appearance in the Harlem Magistrates Court, an advertisement for the "Temple Grill Bar and Restaurant" at 317 Lenox Avenue appeared in the New York Age on March 9, 1935, just ten days before the disorder. It was still in business when the MCCH business survey was taken in the second half of 1935, identified as a white-owned business (the advertisement in 1935 identified Phillip Portoghese as the proprietor). A storefront of the kind that would fit a bar and restaurant is visible in the Tax Department photograph but the signage is not legible, so whether the business survived until 1939-1941 is unknown.
John Kennedy Jones arrested Around 12.30 AM, Patrolman James Lamattina of the 66th Division allegedly saw "large number" of people gather in front of William's Shoe Store at 333 Lenox Avenue. Then John Kennedy Jones "motioning with his hand, said to the others "come on," and threw a rock that "broke the plate glass window" of the store. Other people in the crowd also threw "stones and sticks" at the window, Lamattina alleged in his Magistrates Court affidavit. At some point Lamattina arrested Jones, a twenty-four-year-old Black laborer; the affidavit made no mention of the circumstances of the arrest. No other members of the crowd were arrested. The shoe store had been attacked at least twice earlier in the disorder. A display window had been smashed and merchandise stolen sometime between 9.45 PM and 11.20 PM, and another window allegedly kicked in and three shoes taken at 11.20 PM, when a patrolman arrested Julian Rogers. In the half hour before Lamattina arrested Jones, other police officers arrested three men for breaking windows near West 126th Street and Lenox Avenue, Leon Mauraine and David Smith at 318 Lenox Avenue and Bernard Smith at 317 Lenox Avenue. Multiple arrests by different officers indicates that a number of police were stationed at the intersection at that time. All three of the arresting officers came from precincts outside Harlem.

Jones lived at 135 West 119th Street according to the information he gave in his examination in the Harlem Magistrates Court. Some distance from the shoe store, this block between Lenox and 7th Avenue was in an area south of 125th Street with a mix of Black and white residents.

Jones appears in the lists of those arrested and charged with "inciting to riot" published in Atlanta World, Afro-American, and Norfolk Journal and Guide, and in the New York Evening Journal. Similarly, the 28th Precinct Police Blotter recorded the charge against him as "inciting to riot. When Jones was arraigned in the Harlem Magistrates Court on March 20, the docket book recorded the charge against him as riot, for leading others in the crowd to attack the store. Crossed out is an additional charge of malicious mischief, for damage to the store window. That charge does appear on the Magistrate Court affidavit, in a handwritten note that also listed the forms of riot being charged. Reporting the proceeding in the Magistrates Court, a story in the Home News mixed the two charges together, describing Jones as having "urged the crowd to smash windows," but being held for the Grand Jury "on a charge of malicious mischief," an offense for which urging a crowd was not relevant. That garbled account likely indicates that Jones faced both charges, as did the six other men who allegedly both urged crowds to break windows and broke windows themselves, although only two of those men, Leroy Brown and Bernard Smith, had both charges recorded in the Harlem Magistrates Court docket book.

On March 20, Magistrate Renaud held Jones for the grand jury and set bail at $1000. A week later, Jones appeared before the grand jury, which transferred him to the Court of Special Sessions for trial on misdemeanor forms of the charges (indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony). The judges convicted Jones and on April 1 gave him a suspended sentence, recorded in the 28th Precinct Police Blotter.
Jean Jacquelin arrested At 5.40 AM, in one of the final events of the disorder, Officer Di Maio arrested a twenty-eight-year-old white chauffeur named Jean Jacquelin at the corner of West 128th Street and 8th Avenue. Jacquelin allegedly was carrying two ladies coats, values at $20 each, and two pairs of trousers, valued at $5 each. There is no mention of what caused Dimao to arrest him, but the clothing was likely bulky enough that it attracted the officer's attention; Morris Sankin later identified it as coming from his tailor's store at 200 West 128th Street, the opposite end of the block from where Dimao arrested Jacquelin.

Jacquelin was one of nine men known to have been arrested away from the stores they allegedly looted, one third (9/27) of the arrests for which that information is known (27/60).

Jacquelin would not have had to travel far to Sankin's store. He lived at 222 West 128th Street, a four story apartment building ten buildings west of the store. He had only lived there for a month. That block was home to Black residents, making it an unusual address for Jacquelin, one of only ten white men arrested in the disorder. There were areas occupied by white residents nearby, on West 126th Street and several blocks south of West 125th Street between 7th and 8th Avenues.

The evidence that Jacquelin was white comes from the Harlem Magistrate's Court docket book. It is the only legal record that collected information on an individual's race. The Magistrate's Court examination recorded only birthplace. So too did the Police Blotter. Jacquelin may have been Canadian. His birthplace is recorded as Nova Scotia in the Magistrate's Court examination, but as the United States in both the docket book and the 28th Precinct Police Blotter (although the blotter also mistakenly identifies Jacquelin as a woman). He had been in New York City since at least 1932, when his criminal record shows he was arrested for assault with a knife, an incident that does not seem to have involved significant violence as the charge was reduced to disorderly conduct, for which the Magistrate convicted him but gave him a suspended sentence. No newspapers reported Jacquelin's race. He appears in the list of those arrested published by the Atlanta World, Afro-American and Norfolk Journal and Guide and the list published by the New York Evening Journal (both of which misspelled his first name as Kean). He also appears in the Home News story on hearings in the Magistrate Court, his first name reported as Gene, with Leroy Gillard, a forty-six-year old Black man also charged with burglary of Sankin's store, but arrested earlier, at 10.10PM, at the store. The story reported that they stole all $800 of clothes taken from Sankin's store, rather than the clothing allegedly found on them.

Jacquelin appeared in the Harlem Magistrate's Court on March 20, immediately after Gillard. The Magistrate sent Jacquelin to the grand jury, along with Gillard. On April 5, the grand jury determined that both men should only be charged with a misdemeanor not felony burglary, likely petit larceny in Jacquelin's case as the clothing he had allegedly taken had a value of less than $100, so too little for a charge of grand larceny. Sent to the Court of Special Sessions, he appeared before the judges on April 11, according to the 28th Precinct Police Blotter, when they dismissed the charges against him.
Leroy Gillard arrested Patrolman Irwin Young alleged that around 10.10 PM, he "saw the window of the [Morris Sankin's tailor's] store being broken" and then saw a forty-six-year-old unemployed Black man named Leroy Gillard go into the store through the broken window and emerge with two suits of clothing, each valued at $25. The phrasing of the affidavit implies that Gillard did not break the window, suggesting there may have been others there at the time who escaped arrest. Certainly more clothing was stolen, to the value of $800, than Gillard allegedly had in his possession. The affidavit left those possibilities open by including the stock phrasing that Gillard's alleged crime was committed "while acting in concert with a number of others not yet arrested."

Sankin's store was set back from 7th Avenue and the crowds that moved up it around 9 PM, in a single story structure located between the rear of the five story building on the corner of West 128th Street and 7th Avenue and the first of a block of eight three story brownstone apartment buildings that stretched for roughly a quarter of the block. Gillard may not have come to the store from 7th Avenue as he lived at 208 West 128th Street, just four buildings west of the store. It is likely Officer Young was on the corner of 7th Avenue and West 128th Street, as police tended to take up positions on intersections. Young had been one of the officers in front of Kress' store four hours earlier, during which he was allegedly assaulted by Harry Gordon as he arrested him for trying to speak to the crowd.

Leroy Gillard appeared in the Harlem Magistrate's Court on March 20, immediately before Jean Jacquelin, a twenty-eight-year-old white chauffeur arrested near the end of the disorder, at 5.40 AM, allegedly in possession of two ladies coats, values at $20 each, and two pairs of trousers, valued at $5 each, identified by Morris Sankin as also coming from his store. As Sankin had not returned to his store until 8.00 AM that morning, its contents would have been accessible through the broken window throughout the disorder. Jacquelin had been arrested away from the store, at the 8th Avenue end of West 128th Street, and like Gillard, lived on the same block as the store. A story in the Home News reported that the two men stole all $800 of clothing taken from Sankin's store, rather than the items worth $100 allegedly found on them.

Gillard appears in more newspapers than most of those arrested for looting. That is likely because police arrested him early in the disorder, so would have been able to provide his name to reporters for several hours. The New York Herald Tribune singled out Gillard as "the first arrest for alleged looting" during the disorder, describing the arrest as taking place inside the store (misspelling his last name as Gilliard as all the newspapers but the Home News did). As well as appearing in the Home News story, the list of those arrested and charged with burglary published by the Atlanta World, Afro-American and Norfolk Journal and Guide and the list published by the New York Evening Journal, he was included in a list in an earlier edition of the New York Evening Journal (which mistakenly listed the charge against him as disorderly conduct), a list in the New York American, and a list in the Daily News (which mistakenly identified him as a white man in one edition).

The Magistrate sent both Gillard and Jacquelin to the grand jury. On April 5, the grand jury determined that Gillard should only be charged with a misdemeanor not felony burglary, sending him to the Court of Special Sessions. The grand jury disposed of Jacquelin's case in the same way. Those decisions indicate a lack of evidence that the men had broken into the store, a requirement for a charge of burglary. That likely left a charge of larceny for taking the clothing; as those items were valued at less than $100, the men could only be charged with petit larceny. According to the 28th Precinct Police Blotter, on April 11, the judges dismissed the charges against Jacquelin. It took almost two more weeks before Gillard was tried, on April 23, when the judges convicted him and sentenced him to the workhouse for three months.
Jacob Solomon's grocery store looted Around 12.40 AM, Officer Rock of the 28th Precinct saw six men run out of Jacob Solomon's grocery store at 2100 5th Avenue, on the corner of West 129th Street, which had been closed since 9 PM. He evidently gave chase and claimed he was able to arrest one of those men, a thirty-five-year-old Black laborer named Lawrence Humphrey. When arrested Humphrey allegedly had a 50 pound bag of rice worth $2.50 in his possession, according to a note written on the Magistrate's Court affidavit. When Solomon returned to his store around 7 AM he found the door and windows broken and approximately $100 of groceries missing. He told a passing New York World-Telegram reporter, who heard the sound of "cracking glass" and saw him "sweeping the walk in front of his little shop" the morning after the disorder that "my windows were smashed early this morning and the mob stole $150 worth of food."

The attack on Solomon's store is one of only two incidents reported on 5th Avenue; the other, an attack on a liquor store on West 116th Street over ten blocks to the south came almost two hours later. In part that absence reflected a lack of targets. The blocks around the grocery store contained very few businesses; only the block north of 125th Street, and the blocks from 131st Street to 138th Street were lined with stores. The men who attacked the store may have come from Lenox Avenue, a block to the west, where multiple attacks on businesses were reported around this time. Humphrey lived at 55 West 132nd Street, in the middle of the block between 5th Avenue and Lenox Avenue three blocks north of Solomon's store, closer to the crowds and violence on Lenox Avenue than the apparently relatively incident-free 5th Avenue.

Humphrey appeared in the Harlem Magistrate's Court on March 20, a proceeding reported only in the Home News, together with its outcome. Magistrate Renaud held Humphrey for a grand jury on bail of $1000. There are no newspaper reports on the subsequent steps in his prosecution. His District Attorney's case file records that the grand jury sent him to the Court of Special Sessions rather than indicting him and sending him to the Court of General Sessions. Their decision to charge him with a misdemeanor rather than a felony likely reflected the low value of the goods - $2.50 - allegedly found in his possession. According to the 28th Precinct Police Blotter, the judges found Humphrey guilty and on April 17 sentenced him to thirty days in the Workhouse.

It is not clear if Solomon remained in business after the attack on his store. The store does not appear in the MCCH Business survey, which included no businesses at 2100 5th Avenue. However, the Tax Department photograph taken a few years later does show a store with the window signs characteristic of grocery stores, and a truck parked outside filled with boxes and milk containers that could be stock for the store.
Joseph Wade arrested
At about 2.45 AM, Officer William Leahy of the 28th Precinct allegedly saw Joseph Wade, a twenty-four-year-old Black "candy boy" coming out of Frank De Thomas' candy store at 101 West 127th Street. Leahy noted that store's windows were broken, but not that he had seen Wade break them. When Leahy arrested Wade, he found several toy pistols worth sixty cents in Wade's possession, according to the Magistrate's Court affidavit, or $70 of goods, according to later reports of Wade's sentencing in the New York Age and New York Times. For the last month, Wade had lived near the other end of the same block of West 127th Street as the store was located, at 148 West 127th Street.

Wade was clearly not the only person to have looted the store, as DeThomas claimed $745.25 in losses. He was among the twenty white store-owners to bring the first suits against the city for failing to protect their businesses identified in the New York Sun.

Wade appeared in the Harlem Magistrates Court on March 20, when Magistrate Renaud ordered him held for the grand jury without bail. While only ? of those charged after the disorder were denied bail, Wade's criminal record featured three convictions since 1926, including one for unlawful entry resulting from a charge of burglary. That conviction in December 1926 was followed by a second arrest for burglary in April 1931 for which Wade was discharged. Two months later he was convicted of gun possession. Finally, in October 1933, Wade pled guilty to attempted second degree assault, having been charged with rape. As a result, he spent around two years in prison in the nine years before the disorder: two indeterminate terms for the first two convictions, and a year in Sing Sing Prison for the final conviction. The New York Age reported Wade had been paroled in December 1934, only three months before the disorder (a detail not mentioned by any other newspaper).

The grand jury indicted Wade for burglary on March 22, and five days later he appeared in the Court of General Sessions having agreed to plead guilty to the lesser offense of petit larceny. The Probation Department would have conducted an investigation before Wade's sentencing, but as he had been convicted previously in the Court of General Sessions, that report would have been put in the file created then, likely in 1926. On April 8, Judge Donnellan sentenced him to six months in the workhouse, a decision reported in the press as well as recorded in the 28th Precinct Police Blotter.

There are more reports of the progress of Wade’s prosecution than most looting cases. He appears not only in the lists of those arrested published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal, and the Home News story on proceedings in the Harlem Magistrates Court. The New York Sun also reported his return to the Magistrates Court on March 25 to have his bail decision continued. At least five papers - New York Amsterdam News, New York Herald Tribune, New York Daily News, New York Post, New York Times - reported Wade’s appearance in the Court of General Sessions to plead guilty. The New York Times and New York Evening News, and three Black newspapers, the Afro-American, New York Amsterdam News and New York Age, also reported his sentencing eleven days later.

Wade had lived in New York City since at least 1920, when he and his mother Marie appear in the federal census, living with his father's brother at 262 West 124th Street. According to the census, he was born in New York City, but the Sing Sing Prison Inmate Admission Register recorded Charleston, South Carolina as his birthplace, and that of both his parents. Exactly when the family moved to New York City is uncertain; the register entry recorded Wade as having lived there for eleven years, so since around 1922, but the census indicates he had been in the city at least two years earlier. The Admission Register contains other fragmentary details of Wade’s life before the disorder. His father apparently died around 1923, when Wade was thirteen years old. He remained in school until he was sixteen years old; his first arrest and conviction must have occurred around the time he left school. He was born in according to the register, and he gave his age as twenty-four years in the Magistrate’s Court, but the census schedule records his age as ten years in 1920, putting his birthday in 1910. He must have given that earlier date when arrested in 1926, as he was not prosecuted in the juvenile court as he would have been if under sixteen years of age. As a youthful first offender, he was sent to the New York City Reformatory in January 1927. Released later that year, he began working as a porter at the Alhambra Theater. It appears that Wade’s arrest and conviction for gun possession in June 1931 cost him that job. Now aged around twenty-one-years old, he was sentenced to another indeterminate sentence, this time in the Penitentiary.

Wade served no more than eighteen months, as he started work as a porter for Sam Rosen of 216 West 125th Street around January 1933, according to the Sing Sing Prison Inmate Admission Register. By October, 1933, he lived at 109 West 129th Street; his mother Marie lived at 226 West 124th Street. That month Wade was charged with rape. The Admissions Register includes a section to record “Criminal Acts attributed to;” Wade’s entry is “Lived with girl,” suggesting that the charge may have been statutory rape, for sexual acts with a girl under eighteen years of age, the age of consent in New York in 1933. (Both the plea bargain and the sentence are in line with how courts handled such cases). Although sentenced to a minimum term of fifteen months, the Admissions Register recorded that he was eligible for parole after one year, on December 28, 1934. The report of his sentencing in the New York Age indicates he was released at the time.
Truss shop windows broken Windows were broken in Fred Noble's Truss Shop at 2136 7th Avenue sometime during the disorder. Just south of the intersection with West 127th Street, the store was in the midst of the three-block section of 7th Avenue north of West 125th Street that saw multiple reported broken windows and looting, and three assaults on whites, including both James Wrigley and a Fifth Avenue Coach Company bus being hit by objects. Officer Platt's arrest of Arthur Killen for allegedly breaking windows in the Truss Shop was the only arrest that can be identified as having occurred in this area during the disorder. When police searched Killen they found an "open knife" in his possession, according to a Home News story.

A forty-three-year-old Black man, Killen lived at 277 West 127th Street, at the western end of the block that intersected with 7th Avenue near the Truss Shop. He appeared in the Harlem Magistrate's Court on March 20, charged with both malicious mischief and possession of a knife. Magistrate Renaud transferred Killen to the Court of Special Sessions, and held him on bail of $500. The outcome of his prosecution is unknown.

A story in the Home News about his appearance in the Magistrates Court, for allegedly throwing a stone through a window, is the only evidence connecting Killen to 2136 7th Avenue, which it identified as a "surgical instrument store." The MCCH business survey taken in the second half of 1935 identified the business as a "Truss Shop;" a truss is a surgical appliance, typically used by hernia patients.

A white-owned "Truss Shop" is recorded at 2136 7th Avenue, with the owner identified as Noble, in the MCCH business survey. In the Tax Department photograph from sometime between 1939 and 1941 the name of the business at that address is not visible.
Viola Woods arrested Officer St. Louis of the 28th Precinct arrested Viola Woods, a twenty-eight-year-old Black woman, for allegedly smashing the window of a vacant store at 2314 8th Avenue with an umbrella sometime during the disorder. There is no information on when during the disorder the arrest took place. Only a New York Amsterdam News story identified the store as vacant; a list in the New York American and stories in the Home News and New York Times provided only the address. The vacant store was in the block between 125th and 124th Streets, where four other stores had windows broken, including two other empty stores at 2320 8th Avenue and 2324 8th Avenue, the Arrow Sales 5 & 10c store at 2318 8th Avenue and Andy's Florist on the southeast corner of 125th Street. Those other damaged stores were all included in a list of those with broken windows made by a reporter for La Prensa who walked west along 125th Street and and up and down 8th Avenue a block north and south of the intersection on the day after the disorder. It is possible the store whose window Woods allegedly broke was not on that list because it suffered only minor damage; the La Prensa reporter concluded their list by noting they had not included others as they 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").

Woods name is misrecorded in the 28th Precinct Police blotter as Viola Williams, a mistake repeated in the list of those arrested during the disorder published in in the Atlanta World, Afro-American and Norfolk Journal and Guide, and the list in the New York Evening Journal. The New York American misreported Woods' name as Loyola Williams. Another woman named Loyola Williams was arrested during the disorder and charged with burglary. Both women were recorded as being twenty-eight-years of age and living at 301 West 130th Street. While these overlapping details might indicate the reports refer to a single woman, both Loyola Williams and Viola Williams [Woods] appear in the list published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and the list in the New York Evening Journal, with Viola Williams [Woods] charged with malicious mischief, an offense involving the destruction of property used in the prosecution of those alleged to have broken windows during the disorder. That is the charge recorded in the 28th Precinct Police blotter, with a note reading "Broke window with umbrella." However, when that woman appeared in the Harlem Magistrates Court, the docket book, and stories about her two appearances in court in the New York Amsterdam News, Home News and New York Times, recorded her name as Viola Woods.

When Woods appeared in the Harlem Magistrates Court on March 20 the charge against her was disorderly conduct, a lesser offense than malicious mischief, and one that could be adjudicated in the Magistrates Court. Woods was ordered held on bail of $100 by Magistrate Renaud, an appearance reported in the Home News. Unusually, she was represented by a lawyer, whose name recorded in the docket book is only partly legible, "Eushu Devcly" [?] of 207 West 125th Street. When Woods was returned to the court on March 28, Magistrate Ford discharged her, the New York Amsterdam News reporting that she "was freed for lack of evidence." The New York Times story simply reported that she had been discharged, the outcome recorded in the 28th Precinct Police blotter.

The woman arrested may be the Viola Woods a census enumerator found at 123 West 133rd Street on April 16, 1940. She was the same age and had been in Harlem in 1935. Born in South Carolina, in Hilton Head she gave birth to a son, William, in 1923, and a second son, Samuel, in 1925, according to their draft registrations. At that time her last name was Bligen. She arrived in Harlem sometime between 1925 and 1930, when she was recorded in the census living at 255 West 143rd Street, with a cousin, working as a domestic servant (both her sons are recorded as living with their father, William Bligen and his wife in Hilton Head until at least 1940). In 1931, she married Chester Woods, a West Indian longshoreman. At the time of the 1940 census, they had four children, aged between ten and two years. When her sons William and Samuel registered for the draft in 1942, Viola Woods was living at 49 West 133rd Street.
Leon Mauraine arrested At 12:05 A.M., Officer Anthony Barbaro of the 25th Precinct arrested Leon Mauraine, a twenty-two-year-old Black window washer, and David Smith, a twenty-two-year-old Black clerk, in front of 322 Lenox Avenue. Barbaro had been standing on the corner of Lenox Avenue and 126th Street when he saw a group of people gather in front of the Rex Drug store at 318 Lenox Avenue, according to the statement he gave in the Harlem Magistrates Court. He then allegedly heard two of the men, Mauraine and Smith, say, "Com[e] on gang, here's two more windows, let's break them." Those men then threw stones at the store windows, breaking them, after which they ran north on Lenox Avenue. Barbaro chased them, catching and arresting both men two buildings north of the drug store. As the drug store was on the northeast corner of Lenox Avenue and West 126th Street, Barbaro must have been standing across 126th Street, on the southeast corner, as he would not have been able to hear the men or catch them so quickly from across the much wider Lenox Avenue. In the half hour after Barbaro arrested Mauraine and Smith, other police officers arrested two men for breaking windows near West 126th Street and Lenox Avenue, John Kennedy Jones at 333 Lenox Avenue and Bernard Smith at 317 Lenox Avenue. Multiple arrests by different officers indicates that a number of police were stationed at the intersection at that time. All three of the arresting officers came from precincts outside Harlem.

Mauraine had lived for the last nine months at 52 West 128th Street, two blocks north and a block east of the store, according to his examination in the Magistrates Court. He may have been drawn to Lenox Avenue by the noise of windows being broken earlier in the disorder. While both he and Smith could have thrown stone at the windows, as Barbaro stated, it is unlikely they said exactly the same words. It may be that only one of the them urged on the group, or that they expressed similar sentiments that the officer chose to report in the same words (The Home News story about the proceedings in the Harlem Magistrates Court reported they had said "Come on. Let's bust some more windows," a difference in wording from the affidavit likely produced by a reporter's difficulty hearing what was said in the courtroom). The list of those arrested in the disorder published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and the list in the New York Evening Journal, did distinguish the men in a way Barbaro's affidavit did not. Mauraine was listed among those charged with inciting a riot and Smith among those charged with malicious mischief, an offense which involved damaging property used in other cases involving broken windows. However, that distinction is not replicated in the 28th Precinct Police Blotter or in the Harlem Magistrates Court docket book, which recorded both men as charged with inciting a riot. So too did the story in the Home News about the proceedings in the court, which did not mention that Mauraine or Smith had broken the store windows, only what they had been "overheard saying to companions." A note on the Magistrates Court affidavit did, however, include malicious mischief alongside three sections of the riot law, indicating that both men faced both charges at some point in their prosecution.

When Mauraine, and Smith, appeared in the Harlem Magistrates Court on March 20, Magistrate Renaud held them for the grand jury, on bail of $1000. A week later both men appeared before the grand jury, which transferred them to the Court of Special Sessions for trial. It is likely that the note on the Magistrates Court affidavit was the charges they faced in that court, malicious mischief (indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony) and the three misdemeanor forms of inciting a riot. Convicted in that court, on April 2, Mauraine, and Smith, received suspended sentences, according to the 28th Precinct Police Blotter.
John King arrested Around 10:30 PM, Detective Peter Naton of the 28th Precinct allegedly saw a crowd of twenty-five to thirty people gathered at the 7th Avenue and West 125th Street, he stated in an affidavit in the Harlem Magistrates Court. Crowds had been gathering at the intersection for several hours, with police stationed there to control and disperse them since around 9 PM as part of the perimeter around the block of 125th Street from 7th to 8th Avenues on which Kress's store. In response to this group, Naton "announced himself as a police officer," necessary as he would have been in plainclothes not in uniform, and told the group to "move on." John King, a twenty-eight-year-old Black fish and ice dealer, allegedly responded by yelling "I won't move for you this is my Harlem, and we will put that Kress store out of business and punish that man that injured the child." He then allegedly grabbed hold of the billy club in Naton's hand and broke its strap. As well as arresting King, Naton made two other arrests around this time, of John Vivien thirty minutes later at the same intersection, and James Pringle another fifteen minutes later, two blocks south at West 123rd Street and 7th Avenue.

The affidavit is the only source that includes details of King's arrest. The 28th Precinct Police blotter recorded the charge against King as inciting riot. He appeared in the list of those arrested published in the Atlanta World, Afro-American and Norfolk Journal and Guide, among those charged with riot, and in a story in the Home News that only mentioned the charge against him. Riot was the charge recorded in the Harlem Magistrates Court docket book when King appeared in court on March 20. Magistrate Renaud sent him to the grand jury, on bail of $1000. A handwritten note on the affidavit listed an additional charge not recorded in the docket book, "simple assault," likely in response to Detective Naton's allegation that King had grabbed his billy club. That charge may have been added by the grand jury after King appeared before them on March 27, when they transferred him to the Court of Special Sessions, reducing the riot charge against him from a felony to a misdemeanor. King did not appear before the judges in that court for almost two months; there is no information on the reason for that delay. The judges convicted King and suspended his sentence, according to the 28th Precinct Police blotter.

King's address was recorded in his examination in the Harlem Magistrates Court as 2905 8th Avenue, on the northern boundary of Harlem just south of West 154th Street. Born in Wilmington, North Carolina, he had lived at that address for five years, likely since he arrived in New York City sometime after April in 1930. At the time of the 1930 Census, King lived in Philadelphia, where he worked as a porter for a theater company, and lived with his wife Inez and their four-month-old son. He was still at the same address, 2905 8th Avenue, when the census enumerator called on April 2, 1940, by then working as the superintendent of the building, while Inez owned a candy store. The couple had two more children by that date, an eight-year-old daughter and a six-year-old son. King listed the same address and occupation when he registered for the draft two years later.
Rivers Wright arrested Detective Doyle of the 5th Division arrested Rivers Wright, a twenty-one-year-old Black man for allegedly being part of a group of men who attacked an unnamed white man at 125th St and Lenox Avenue at some point in the disorder. Wright lived at 2137 7th Avenue, a block west and two blocks north of the site of the alleged assault, and in the heart of the disorder.

Only one source provided any details of the circumstances of his arrest. The Home News reported on March 21 that Wright was arrested "after he and a number of others are said to have attacked a white man at 125th St and Lenox Ave." Wright appeared in lists of those arrested during the disorder in the Afro-American, Atlanta World, Norfolk Journal and Guide, the New York American, New York Evening Journal, and Daily News. His sentencing several days later is also reported in the Afro-American, New York Age, Daily News, and New York Times.

Among the first arraigned in the Harlem Magistrates Court on March 20, Wright was charged with disorderly conduct, not assault, as was the case with half of those arrested for assault. The attack cannot have resulted in significant injury if the charge was disorderly conduct: the applicable section of the statute applied only to a person who used "offensive, disorderly, threatening, abusive or insulting language, conduct or behavior." Disorderly conduct was also a charge that could be adjudicated in the Magistrates Court. Magistrate Renaud convicted Wright and remanded him for sentence on March 23. On that date, Magistrate Renaud sent him to the Workhouse for 10 days.
Billiard parlor windows broken 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.
Isreal Riehl's Unclaimed Laundry store looted Sometime during the disorder, Lamter Jackson, a twenty-four-year-old Black man, allegedly threw a rock that shattered the window of a store selling unclaimed laundry at 1 West 131st Street, and then took a bag of laundry from the store, according to the report of his appearance in the Magistrates' Court published by the Home News. Patrolman C. Jackson of the 32nd Precinct arrested Jackson, according to the Magistrates Court docket book. There are no other details of those events in the sources. There is only one other looting in this area, two blocks south on 5th Avenue, and a fire reportedly set on the roof of the building next door, 5 West 131st Street. A block west, Lenox Avenue saw multiple lootings, assaults, and three fires, but there were far more business on that street than on this area of 5th Avenue.

Although the store is identified as at 1 West 131st Street, the business is likely the white-owned unclaimed laundry store the MCCH Business survey identified at 3 West 131st Street (the survey includes no businesses at 1 West 131st Street). The building was on the northwest corner of 131st Street and 5th Avenue, photographed as 2140 5th Avenue by the Tax Department. On West 131st Street the next building is number 5, so 3 West 131st Street would be in that building. The awnings visible in the Tax Department photograph on the left side of the building would be over the store.

Jackson is listed among those charged with burglary in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and the New York Evening Journal. He appeared in the Washington Heights Magistrates Court on March 20, charged with petit larceny not burglary. That charge suggests a lack of evidence he had broken in and entered a store to take merchandise. Isreal Riehl was listed as the complainant, so was likely the owner of the store. Magistrate Ford sent him to the Court of Special Sessions and held him on $100 Bail. As Jackson was arrested north of 130th Street and processed by the 32nd Precinct, and sent directly to the Court of Special Sessions, there are no surviving police or legal records of the outcome of his prosecution.

The business seems likely to have survived the disorder, but there is no evidence that definitively links the store visited by investigators compiling the MCCH Business survey to that looted during the disorder.
Grocery store window broken Sometime during the disorder the windows of the grocery store at 2366 8th Avenue, on the southeast corner of 127th Street, were broken. Officer Libman of the 32nd Precinct arrested Rose Murrell, a nineteen-year-old Black woman, for allegedly having "stoned a store window," a story in the Home News reported. There is no information on the time or circumstances of the arrest. Libman also appeared in the Harlem Magistrates Court as the arresting officer of another woman, Louise Brown and two men, Henry Stewart and Warren Johnson, who, with Murrell, had all been arrested at 8th Avenue and West 127th Street, according to a story in the Daily Mirror. The store was in the midst of the blocks of 8th Avenue on which there are reports of violence and police making arrests during the disorder: the arrest of James Hayes for allegedly looting the Danbury Hat store at 2334 8th Avenue near 125th Street; the arrest of Emmett Williams and Theodore Hughes for allegedly breaking windows and looting Frendel's meat market three buildings south at 2360 8th Avenue; the arrest of Thomas Babbitt for allegedly taking soap from Thomas Drug store at 2374 8th Avenue, just across 127th Street; and at the very end of the disorder, the arrest of Jean Jacquelin at 128th Street for allegedly looting and police shooting and killing James Thompson across 8th Avenue from the store.

Rose Murrell appeared in the Harlem Magistrates Court on March 20, charged with malicious mischief, an offense involving damage to property used in the prosecution of individuals arrested for allegedly breaking windows during the disorder. Magistrate Renaud transferred her to the Court of Special Sessions, and set bail at $500. Almost two weeks later, on April 1st, the judges in that court convicted Murrell, and sentenced her to one month in the Workhouse, according to the 28th Precinct Police blotter.

A white-owned grocery store was recorded at 2366 8th Avenue in the MCCH business survey taken in the second half of 1935. The Tax Department photograph from 1939-1941 shows a grocery store at that address.
James Hayes arrested Some time during the disorder, Detective Balkin of the 5th Division arrested James Hayes, a sixteen-year-old Black youth, for allegedly taking a baseball bat from the window of a store at 2334 8th Avenue, according to a report of his appearance in the Magistrates Court in the Home News. The name of the store is provided by the Harlem Magistrates Court docket book, which recorded the complainant against Hayes as Wilbur Montgomery, living at 951 Woodycrest Avenue. Montgomery is identified in the 1933 City Directory as the manager of Danbury Shoes. He is also the complainant against another man arrested by Detective Balkin, likely at the same time, David Terry. There are no details of the circumstances of Terry's arrest, but the charge against him in the Harlem Magistrates Court, malicious mischief, was made against those arrested in the disorder who had allegedly broken windows. The nearby intersection of 8th Avenue and West 125th Street, only a few buildings from Kress' store, saw some of the earliest crowds and violence of the disorder, and a concentration of police, who sought to clear West 125th Street by pushing people on to the avenue. Windows were also broken in stores either side of Danbury shoes, the branch of the Liggett drug store chain on the corner of West 125th Street and a seafood restaurant at 2338 8th Avenue.

James Hayes is named among those charged with burglary in the lists published in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and in the New York Evening Journal. He appeared in the Harlem Magistrates Court on March 20, where the charge was recorded as petit larceny not burglary. That charge did not require evidence that Hayes had entered the store to take the bat, as a charge of burglary did. While the 28th Precinct Police Blotter, which misspelled his name as Hazel, included a note that he "Broke store window," the different charge in court indicates that that information had been reassessed by the time of his arraignment. The Home News story reporting the court proceeding mentioned only that "he is said to have stolen a baseball bat from a store window." Magistrate Renaud transferred Hayes to the Court of Special Sessions and held him on $500 bail. The 28th Precinct Police Blotter is the only source for the outcome of that proceeding: a conviction and suspended sentence on April 1.

The Home News story gave Hayes' age as seventeen years, while the blotter and the list in the New York Evening Journal gave his age as sixteen years (the list published in the Black newspapers did not include age or home address). The age in the Magistrates Court docket book is difficult to decipher, appearing to be "10," but is likely a hastily written "16." Hayes was one of the youngest arrested during the disorder, together with John Henry, also aged sixteen years. Hayes lived at 476 West 141st Street, on Black Harlem's northwest boundary, further from the location of his arrest than most of those caught in the disorder, most of whom lived south of 125th Street or near Lenox Avenue south of 135th Street.
Ben Salcfas' grocery store windows broken Sometime during the disorder windows were broken in Ben Salcfas' grocery store at 2061 7th Avenue, on the northeast corner of West 123rd Street and 7th Avenue. Patrolman Leahy of the 28th Precinct arrested David Bragg, a thirty-three-year-old Black man, for allegedly throwing a rock through the window, according to a story in the Home News. The window could have been broken around 11.15 PM, when a group of twenty-five to thirty people gathered at the intersection. Another officer from the 28th Precinct, Patrolman Peter Naton, arrested one member of that group, James Pringle, for allegedly urging the others to cross the street so they could throw rocks at police. The group continued on despite the arrest, smashing store windows, according to Naton. Bragg may have been part of that group. Later, two stores close to the grocery store were looted. First, Sarah Refkin's delicatessen at 2067 7th Avenue at 12:30 AM, and then Nicholas Peet's tailors store at 2063 7th Avenue at 1:30 AM. The shoe repair store directly across 7th Avenue from the grocery store was also looted sometime during the disorder.

"Ben Salcfas" of 2061 7th Avenue is recorded as the complainant against David Bragg in the Harlem Magistrates Court docket book. A story in the Home News is the only other source that links Bragg to 2061 7th Avenue. Benjamin Salcfas, a fifty-four-year-old white polish immigrant, had owned the grocery store since at least 1933, when he appears in the City Directory. The store was still in business in the second half of 1935, appearing in the MCCH Business survey (which misidentified the address as 2063 7th Avenue). "Corner store - well supplied," the MCCH investigator noted, also writing that at that time Salcfas employed "1 Negro clerk or assistant." It was unusual for small family-run businesses such as the grocery store to employ Black staff. The store visible on the corner in the Tax Department photograph, taken between 1939 and 1941, is the grocery store. When Salcfas registered for the draft in April 1942 he identified himself as the owner of his own grocery business at 2061 7th Avenue. At that time he and his family lived at 270 St Nicholas Avenue, only a block west of the store, in an area where most residents were white.

The information that Bragg through a rock at the store window is only found in a story in the Home News, a report of his appearance in the Harlem Magistrates Court. The charge made against Bragg when he was arraigned, malicious mischief, involves the destruction of property, and was used in other prosecutions involving broken windows. However, police initially charged him with inciting a riot, which is the charge recorded in the 28th Precinct Police blotter, and in list of those arrested during the disorder published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and the list published in the New York Evening Journal. When Bragg appeared in court on March 20 Magistrate Renaud transferred him to the Court of Special Sessions and held him on bail of $1000. Convicted by the judges of that court, he was sentenced on April 1 to three months in the workhouse, according to the 28th Precinct Police blotter.
Thomas Babbitt arrested Some time during the disorder, Detective Balkin of the 5th Division arrested Thomas Babbitt, a forty-two-year-old Black man, for allegedly taking two cases of soap from the window of the Thomas Cut Rate Drug store at 2374 8th Avenue, on the northeast corner of West 127th Street. Babbitt is not alleged to have smashed the window. A Home News report of his appearance in the Magistrates Court described Babbitt as having "stolen two cases of soap from a drug store window;" the 28th Precinct Police Blotter focused on the means he allegedly used, that he "Put hand though Window. Stole merchandise." Balkin also appears in the Harlem Magistrates Court docket book as the officer who arrested James Hayes for allegedly looting the Danbury Hat store two blocks to the south, near 125th Street, some time during the disorder. Babbitt lived at 321 West 136th Street, a block west of 8th Avenue, so may have been drawn to the noise and crowds on the avenue in the early evening of March 19. All six of the men and women arrested by police on 8th Avenue lived either west of the avenue or in the block between 8th and 7th Avenues.

Babbitt is among those listed as being charged with burglary in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. He appeared in the Harlem Magistrates Court on March 20, charged with petit larceny not burglary. That change was likely made because of a lack of evidence he had broken into the store and entered it to steal merchandise, and because the allegedly stolen merchandise had a value of less than $100, the requirement for a felony grand larceny charge. Magistrate Renaud transferred him to the Court of Special Sessions holding him on bail of $500. His trial and conviction occurred sooner than was the case with most of those arrested in the disorder sent to that court. On March 22 Babbitt was sentenced to ten days in the Workhouse, an outcome recorded in the 28th Precinct Police Blotter.

The man arrested during the disorder may be the Thomas Babbitt who a census enumerator found at 108 West 133rd Street on April 8, 1940. That man was the same age, and had been in Harlem in 1935. Born in Massachusetts, he was working on a farm in Williamsburg, South Carolina in 1917 when he registered for the draft. After serving in France in World War One, he was transported back to Hoboken, New Jersey in 1919, after which he appears to have made his home in New York City. In 1940 he listed his occupation as junk dealer.
Rose Murrell arrested Sometime during the disorder, Officer Libman of the 32nd Precinct arrested Rose Murrell, a nineteen-year-old Black woman, for allegedly having "stoned a store window," in the grocery store at 2366 8th Avenue, a story in the Home News reported. There is no information on the time or circumstances of the arrest. Libman also appeared in the Harlem Magistrates Court as the arresting officer of another woman, Louise Brown and two men, Henry Stewart and Warren Johnson, who, with Murrell, had all been arrested at 8th Avenue and West 127th Street, according to a story in the Daily Mirror. While the grocery store was located at this intersection, on the southeast corner of 127th Street, the location of Brown and Johnson's alleged offenses are not mentioned in any sources, and the store in which Stewart allegedly broke a window was two and half blocks north of where the story reported his arrest. It is possible that the intersection was where police were stationed, where those arrested were initially brought, rather than the site of their arrest.

The grocery store at 2336 8th Avenue was in the midst of the blocks of 8th Avenue on which there are reports of violence and police making arrests during the disorder: the arrest of James Hayes for allegedly looting the Danbury Hat store at 2334 8th Avenue near 125th Street; the arrest of Emmett Williams and Theodore Hughes for allegedly breaking windows and looting Frendel's meat market three buildings south at 2360 8th Avenue; the arrest of Thomas Babbitt for allegedly taking soap from Thomas Drug store at 2374 8th Avenue, across 127th Street; and at the very end of the disorder, the arrest of Jean Jacquelin at 128th Street for allegedly looting and police shooting and killing James Thompson across 8th Avenue from the store. Murrell lived at 260 West 126th Street, just east of 8th Avenue a block south of the grocery store, so may have been drawn to the noise and crowds on the avenue in the early evening of March 19. All six of the men and women arrested by police on 8th Avenue lived either west of the avenue or in the block between 8th and 7th Avenues.

Rose Murrell is recorded in the 28th Precinct Police blotter as charged with inciting a riot. That charge is reported in a list in the Daily News and a story in the Daily Mirror. However, the list of those arrested in the disorder published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the list published in the New York Evening Journal, include her among those charged with malicious mischief, an offense involving damage to property used in the prosecution of individuals arrested for allegedly breaking windows during the disorder. That was the charge recorded in the Harlem Magistrates Court docket book on March 20, when Murrell appeared in court, and reported in the Home News story about those proceedings. Police appear to have initially charged many of those arrested during the riot with inciting a riot, and then revised those charges to fit the specific act that an individual was alleged to have committed before their arraignment in court. Magistrate Renaud transferred Murrell to the Court of Special Sessions, and set bail at $500, indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony. Almost two weeks later, on April 1st, the judges in that court convicted Murrell, and sentenced her to one month in the Workhouse, according to the 28th Precinct Police blotter.

Murell's name is spelled in different ways in the sources: as Murrell in the 28th Precinct Police blotter and Harlem Magistrates Court docket, book, and the Daily News, New York Evening Journal; as Murelle in the Daily Mirror; as Murell in the Atlanta World, Afro-American and Norfolk Journal and Guide; and as Morrell in the Home News.
Arthur Killen arrested Officer Platt of the 40th Precinct arrested Arthur Killen, a forty-three-year-old Black man, allegedly "after he threw a stone through the window" of the Truss Shop at 2136 7th Avenue, according to a Home News story. After the arrest, that story went on, police found an "open knife" in his possession. Just south of the intersection with West 127th Street, the store was in the midst of the three-block section of 7th Avenue north of West 125th Street that saw multiple reported broken windows and looting, and three assaults on whites, including both James Wrigley and a Fifth Avenue Coach Company bus being hit by objects, but no other arrests.

Killen lived at 277 West 127th Street, at the western end of the block that intersected with 7th Avenue near the Truss Shop. He appeared in the Harlem Magistrate's Court on March 20, charged with both malicious mischief and possession of a knife. Magistrate Renaud transferred Killen to the Court of Special Sessions, and held him on bail of $500. Renaud's decision indicates that the value of the damage to the window was not more than $250, the level required for the charge of malicious mischief to be a felony, and that Killen did not have a previous conviction, which would have made possession of the knife a felony. The outcome of his prosecution is unknown.

A story in the Home News about Killen's appearance in the Magistrates Court is the only evidence connecting him to 2136 7th Avenue. Killen appeared in lists of those arrested during the disorder, with the charges against him variously recorded as inciting a riot in the Atlanta World, Afro-American and Norfolk Journal and Guide, disorderly conduct in the New York American, "concealed weapons" in the Daily News, and disorderly conduct and possession of a weapon in the list in the New York Evening Journal. That Killen was one of a small number of those arrested charged with more than one offense likely produced that inconsistent reporting. Given that he appeared in the Harlem Magistrates Court, Killen should have been in the 28th Precinct Police blotter, which would have included information on the outcome of his prosecution. However, Killen is missing from that record.

The Daily News identified Killen as a white man, but the Harlem Magistrate's Court docket book recorded him as a Black man. The Daily News misidentified several of those arrested as white.
Raymond Easley arrested Around 1.45 AM, Patrolmen Kalsky and Holland of the 28th Precinct allegedly saw a group of people around the cigar store at 1916 7th Avenue, and then a milk can thrown through the plate glass windows. The officers got to the store in time for Kalsky to arrest Thomas Jackson, a thirty-four-year-old Black driver who he charged had thrown the milk can, and Holland to arrest Raymond Easley, a twenty-one-year-old Black man, he charged had taken cigars from the store window, according to a story in the Home News. Holland also found that Easley was carrying a razor. Two arrests at the same incident of alleged looting was unusual during the disorder, suggesting that the officers were closer to the store than in other instances, perhaps only having to cross West 116th Street rather than 7th Avenue.

Easley is not mentioned in the affidavit in the District Attorney’s case file in which he and Jackson are co-defendants, nor does the file contain an examination of him. The only document in the case file referring to Easley is a criminal record; he had no previous prosecutions. Other than the story about his arraignment in the Magistrates Court in the Home News, Easley only appears in the list of those arrested published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and the list published in the New York Evening Journal, and a report on his return to the Magistrates Court in the New York Herald Tribune.

Easley and Jackson (whose real name was Thomas Dean) both appeared in the Harlem Magistrate's Court on March 20, but took different paths through the legal system. Magistrate Renaud held both for the grand jury on charges of burglary; he also sent Easley to the Court of Special Sessions on the charge of carrying a dangerous weapon, a misdemeanor offense, for having the razor in his possession. Both appeared in court again on March 27, but while Jackson pled guilty to unlawful entry in the Court of General Sessions, Easley was back in the Magistrate's Court, having the burglary charges against him dismissed. The New York Herald Tribune, the only newspaper to report on those proceedings, added that Easley was rearrested, but there is no evidence of other charges being brought against him or why the burglary charge was dismissed. The report may have been referring to the dangerous weapon charge. Neither the 28th Precinct Police Blotter or the District Attorney’s case file, which record the dismissal, include any information on that prosecution.
Elva Jacobs arrested Sometime in the disorder, Officer L. W. Adamie of the 46th Precinct arrested Elva Jacobs, an eighteen-year-old Black woman, and charged her with burglary for allegedly having "broken a store window at 1 W. 137th St. and taken groceries," according to a story in the Home News. At a subsequent court appearance the prosecutor reduced the charge against Jacobs to unlawful entry, an offense used when there was not evidence that she had taken any merchandise. However, that charge does suggest that Jacobs had done more than break a window, as the charge in that circumstance would likely have been disorderly conduct. Most likely, Adamie had allegedly seen or found her in the grocery store. Like almost all of those arrested for looting on the eastern boundary of Harlem north of 130th Street, Jacobs lived relatively near the store. Her home was at 56 West 142nd Street, between 5th Avenue and Lenox Avenues, five blocks north of the store, which was just off 5th Avenue.

The only information on the circumstances of the arrest is the statement in the Home News, reporting Jacobs' arraignment in the Washington Heights Magistrates Court on March 20. It is possible that Adamie arrested a second person for looting the store, and that Jacobs had been part of a larger group. He is recorded in the docket book as the officer who arrested Courtney March, a thirty-nine-year-old Black man who appeared in court immediately after Jacobs, facing the same charge of burglary. Like her, he lived north of the store, but further away, at 263 West 152nd Street, Based on other cases recorded in the docket book that indicates that Marsh was also arrested for looting the grocery store, but he is not mentioned in the Home News story on the arraignments in the court, nor does he appear in the list of those arrested in the disorder published in the Atlanta World, Afro-American and Norfolk Journal and Guide in which Jacobs appears (neither of them are in the list published in the New York Evening Journal). Given that absence, and without a complainant recorded in the docket book to confirm a link between the two, Marsh is not included among those arrested during the disorder.

Magistrate Ford remanded Jacobs in custody. When she returned to court the next day, the docket book records that Ford set her bail at $1500. Two days later, on March 23, Jacobs was back in court. This is likely when the charge against her was reduced from burglary to unlawful entry; in the docket book the original charge is crossed out and "Red. to unl. entry" written in its place, in a different handwriting than the original charge. The same handwriting records that on this date Ford sent her to the Court of Special Sessions, which adjudicated misdemeanors such as unlawful entry, reducing her bail to $50. It took a month before Jacobs was tried in the that court. On May 3, the Magistrates convicted here, suspended her sentence and put Jacobs on probation, an outcome found only in the 32nd Precinct records. The prosecution of Marsh followed the same process until March 23, when Magistrate Ford discharged him rather than sending him for trial as he did Jacobs.
Nicholas Peet's tailor's store looted Around 1:30 AM, Detective George Booker allegedly saw Horace Fowler, a thirty-two-year-old Black laborer, break the window of Nicholas Peet's tailor's shop at 2063 7th Avenue, reach inside, and take several articles of clothing. In the Magistrate's Court affidavit, Booker describes Fowler breaking the window with a club. The Probation Department investigation reports Booker as saying that he saw Fowler break the window "by throwing a missile through it." It also reports that Fowler denied "breaking the window or knowing how it was broken." Fowler did admit stealing the clothing in his possession when Booker arrested him, a man's suit and a lady's coat, valued at $8.25 in the affidavit, but at $25 by Peet in the Probation Department investigation.

Peet put his total losses during the disorder at $452.25 in secondhand suits, coats and pants, and an addition $133 worth of suits, overcoats, women's coats and dresses belonging to customers, according to the Probation Department investigation. It is not clear how much of that stock was stolen before Fowler's arrest. It could not all have been in the display windows, so people must have entered the store, which required that the windows be broken. If Fowler had to break a window, that looting was unlikely to have happened before his arrest. However, Peet's store was located only two blocks south of West 125th Street, so crowds would have moved there long before 1:30 AM, making it unlikely that the windows remained intact that long. It is more likely that Peet did not have to break the window, and was following in the wake of other looters.

Peet is not identified as having joined other white merchants in suing the city for failing to protect his business. None of those identified came from the area in which his store was located, but around eighty of those who brought suits were not identified. Peet did have insurance for his store windows, which paid $30 for their replacement, according to the Probation Department investigation; there is no mention of other insurance. Regardless, Peet was able to remain in business; the MCCH survey found a white tailor's store at 2063 7th Avenue in the second half of 1935, and Peet identified himself as still in business at that address when he registered for the draft in 1942. Born in Cyprus, he had arrived in New York City in 1929, from England. When he started the process to become a US citizen in November 1934, he lived at 12 West 123rd Street, two blocks east of his store, with his German-born wife Martha, who he had married in 1933. By 1937, when he filed his naturalization petition, the couple had moved two blocks south, to 9 Mt Morris Park, remaining in the enclave of white residences bordering Mt Morris Park. The 1940 census found Peet had moved out of Harlem, to 425 West 125th Street; they stayed on the west side when they moved again before 1942, to 435 West 123rd Street, their address when Peet registered for the draft.

Fowler appeared in the Harlem Magistrate's Court on March 20. He appears in the list of those charged with burglary published in the Atlanta World, Afro-American and Norfolk Journal and Gazette, a list published in the New York Evening Journal, and a story in the Home News that included brief summaries of the charges made in the Magistrates Court. Magistrate Renaud held him for the grand jury on $1000 bail. Indicted on April 5, Fowler agreed to plead guilty to Petit Larceny on April 8. After being investigated by the Probation Department, he returned to the Court of General Sessions on April 22, where the judge sentenced him to three months in the workhouse.
Vacant store windows broken (2314 8th Avenue) The windows of a vacant store at 2314 8th Avenue were broken sometime during the disorder, perhaps in the first hours of the disorder, when crowds around Kress' store on West 125th Street moved down 8th Avenue to 124th Street, to the rear of the store. The vacant store was in the block between 125th and 124th Streets, where four other stores had windows broken, including two other empty stores at 2320 8th Avenue and 2324 8th Avenue, the Arrow Sales 5 & 10c store at 2318 8th Avenue and Andy's Florist on the southeast corner of 125th Street. Those other damaged stores were all included in a list of those with broken windows made by a reporter for La Prensa who walked west along 125th Street and and up and down 8th Avenue a block north and south of the intersection on the day after the disorder. It is possible this store was not on that list because it suffered only minor damage; the La Prensa reporter concluded their list by noting they had not included others as they 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").

Officer St. Louis of the 28th Precinct arrested Viola Woods, a twenty-eight-year-old Black woman, for allegedly smashing the store window with an umbrella. There is no information on when during the disorder the arrest took place. Only a New York Amsterdam News story identified the store as vacant; a list in the New York American and stories in the Home News and New York Times provided only the address. After being charged with disorderly conduct in the Harlem Magistrates Court on March 20, Woods was ordered held on bail of $100 by Magistrate Renaud. When she was returned to the court on March 28, Magistrate Ford discharged her, the New York Amsterdam News reporting that she "was freed for lack of evidence."

By the second half of 1935, when the MCCH business survey was conducted, a white-owned restaurant was located at 2314 8th Avenue. The Tax Department photograph shows a one-story building constructed after 1935.
Henry Stewart arrested Sometime during the disorder, Officer Libman of the 32nd Precinct arrested Henry Stewart, a thirty-three-year-old Black man, for allegedly having thrown a bottle through a window in the meat market at 2422 8th Avenue, a story in the Home News reported. There is no information on the time or circumstances of the arrest. Libman also appeared in the Harlem Magistrates Court as the arresting officer of another man, Warren Johnson, and two women, Louise Brown and Rose Murrell, who, with Stewart, had all been arrested at 8th Avenue and West 127th Street, according to a story in the Daily Mirror. The broken window in 2422 8th Avenue was the northern-most report of disorder on 8th Avenue, on the block between 130th and 131st Streets, two and half blocks north of where the story reported Stewart's arrest. While the grocery store whose window Murell allegedly broke was located at that intersection, on the southeast corner of 127th Street, the location of Brown and Johnson's alleged offenses are not mentioned in any sources. It is possible that the intersection was where police were stationed, where those arrested were initially brought, rather than the site of their arrest. The other reported broken windows and looting on 8th Avenue were south of 128th Street. Stewart lived at 268 West 132nd Street, east of 8th Avenue a block and a half north of the meat market, so may have been drawn to the noise and crowds on the avenue in the early evening of March 19. All six of the men and women arrested by police on 8th Avenue lived either west of the avenue or in the block between 8th and 7th Avenues.

Henry Stewart is recorded in the 28th Precinct Police blotter as charged with inciting a riot. That charge is reported in the lists published in the Atlanta World, Afro-American and Norfolk Journal and Guide, in the New York Evening Journal, and the New York Daily News and a story in the Daily Mirror. However, malicious mischief was the charge recorded in the Harlem Magistrates Court docket book on March 20, when Stewart appeared in court, and reported in the Home News story about those proceedings. Police appear to have initially charged many of those arrested during the riot with inciting a riot, and then revised those charges to fit the specific act that an individual was alleged to have committed before their arraignment in court. The others arrested by Libman were all charged with malicious mischief, although Brown and Johnson later had that charge reduced to disorderly conduct. Magistrate Renaud transferred Stewart to the Court of Special Sessions, and set bail at $500, indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony. On March 25, the judges in that court discharged Stewart, according to the 28th Precinct Police blotter.
Lawrence Humphrey arrested Around 12.40 AM, Officer Rock of the 28th Precinct arrested Lawrence Humphrey, a thirty-five-year-old Black laborer, near Jacob Solomon's grocery store at 2100 5th Avenue, on the corner of West 129th Street. He claimed to have seen six men run out of the store, which had been closed since 9 PM. Humphrey was the only one of those men Rock arrested; he allegedly had a 50 pound bag of rice worth $2.50 in his possession, according to a note written on the Magistrate's Court affidavit. When Solomon returned to his store around 7 AM he found the door and windows broken and approximately $100 of groceries missing.

Lawrence Humphrey (misspelled Humphries) is listed among those arrested and charged with burglary in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and in the New York Evening Journal. He appeared in the Harlem Magistrate's Court on March 20, a proceeding reported only in the Home News, together with its outcome. It was not Humphrey's first appearance in the court. He had been arrested and charged with robbery in 1927; a grand jury dismissed the case, according to his Criminal Record. Magistrate Renaud held Humphrey for a grand jury on bail of $1000. There are no newspaper reports on the subsequent steps in his prosecution. His District Attorney's case file records that the grand jury sent him to the Court of Special Sessions rather than indicting him and sending him to the Court of General Sessions. Their decision to charge him with a misdemeanor rather than a felony likely reflected the low value of the goods allegedly found in his possession. According to the 28th Precinct Police Blotter (which also misspelled his name Humphries) the judges found Humphrey guilty and on April 17 sentenced him to thirty days in the Workhouse.
Unnamed white man assaulted A group of men allegedly attacked an unnamed white man at 125th St and Lenox Avenue at some point in the disorder. Only the Home News provided any details of the circumstances, reporting on March 21 that Rivers Wright, a twenty-one-year-old Black man was arrested "after he and a number of others are said to have attacked a white man at 125th St and Lenox Ave." Wright lived at 2137 7th Avenue, a block west and two blocks north of the site of the alleged assault, and in the heart of the disorder.

Wright, who appeared in several newspaper lists of those arrested during the disorder was among the first arraigned in the Harlem Magistrates Court on March 20. The charge was disorderly conduct, not assault, as was the case with half of those arrested for assault, suggesting that the unnamed victim suffered only minor injuries. Magistrate Renaud found Wright guilty and on March 23 sentenced him to ten days in the Workhouse.
Loyola Williams arrested Sometime during the disorder, Loyola Williams, a twenty-eight-year-old Black woman who lived at 301 West 130th Street was arrested and charged with burglary. Williams' name appears among those charged with burglary in the list published in the Atlanta World, Afro-American and Norfolk Journal and Guide and the list in the New York Evening Journal, which also included her age, race and address. However, Williams does not appear in 28th Precinct Police Blotter, the docket book of either Magistrates Court or any newspaper stories, and there is no evidence of the location of the business that she allegedly looted. That is also the case with nine men who appear only in the list published in the Atlanta World, Afro-American and Norfolk Journal and Guide. The absence of this group from the blotter could mean they were arrested in the 32nd Precinct, whose blotter records do not appear to have been obtained by the MCCH. That they did not appear in court could mean that police released them after questioning them the next day.

In the case of Loyola Williams, it is also possible that whoever compiled the list had confused her with another Black woman arrested during the disorder, Viola Woods, who was identified as Viola Williams in several sources. Both women were recorded as being twenty-eight-years of age and living at 301 West 130th Street. However, both Loyola Williams and Viola Williams appear in the list published in Atlanta World, Afro-American and Norfolk Journal and Guide, and the list in the New York Evening Journal, with Viola Williams charged with malicious mischief. Viola Williams also appears in the 28th Precinct Police blotter with the same age and address, where a note records her alleged offense as using her umbrella to break a store window. However, when that woman appeared in the Harlem Magistrates Court, the docket book, and stories about her two appearances in court in the New York Amsterdam News, Home News and New York Times, recorded her name as Viola Woods.
Joseph Moore arrested Around 1.50 AM, Patrolman Louis Frikser arrested Joseph Moore, a forty-six-year-old West Indian carpenter, on the Third Avenue Bridge, which connected the eastern end of West 130th Street in Harlem with the Bronx. Frikser charged that Moore had been part of a group of men who had entered Harry Lash's 5 & 10c store at 400 Lenox Avenue, five blocks west of the bridge on the corner of West 130th Street, and stolen goods. None of the reports of this case detail what caused Frikser to stop Moore or what he found in his possession. Moore was likely returning home; he lived just three blocks beyond the bridge, at 248 East 136th Street in the Bronx.

"A few minutes" earlier Frikser had observed Arnold Ford, a nineteen-year-old Black man "walking across the bridge with a package," according to the details provided in the Probation Department investigation of Ford. Ford was also likely going home; he lived in a building next to Moore's residence, at 246 East 136th Street in the Bronx. The package he carried cannot have been large; it contained "soap, garters, thread and notions" with a value of $1.15. According to Frikser, Ford admitted he had stolen goods from Harry Lash's 5 & 10c store, joining others entering the store and "helping himself to some merchandise," but denying breaking the store windows. But Ford did not know Moore, according to a note in the Preliminary Investigation in his Probation Department file.

Only seven other men are identified in the sources as having been arrested away from the stores they allegedly looted, a group making up one third (9/27) of the arrests for which that information is known (27/60).

While the 28th Precinct Police Blotter recorded the charge against Moore as "Acc'd stolen goods during the riot" not "Burglarized store during riot" as in Ford's case, police charged both Moore and Ford with burglary in the Harlem Magistrate Court. The first charge suggested Moore had not obtained whatever goods he had allegedly stolen directly from the store, a version of events not mentioned anywhere else. Subsequently they were indicted by the grand jury and tried together in the Court of General Sessions. During the trial on April 1, Moore was acquitted at the direction of the judge, an outcome for which the Daily Worker gave credit to the International Labor Defense lawyers who appeared for him (that story made no mention of Ford, who pled guilty to petit larceny). The story gave no indication of the basis of the successful defense, noting only that the attorneys "had riddled the framed-up case against the worker." The involvement of the ILD suggests Moore may have had ties to the Communist party; the only others arrested during the disorder they represented were the men who picketed Kress' store.

Moore (and Ford) appear in newspaper reports only in the list of those charged with burglary published in the Atlanta World, Afro-American and Norfolk Journal and Gazette, a list published in the New York Evening Journal, and stories in the Home News and New York Sun. The Home News story included brief summaries of the charges made in the Magistrates Court; in this case, it grouped Moore and Ford together, arrested at the same time for looting the same store, but confused the $1000 of goods stolen reported by Lash in his affidavit before the Magistrates Court for what the men were found carrying, also mistakenly identifying it as clothing. The New York Sun likewise mistakenly alleged the men had stolen $1000 of property, but did correctly identify those goods as "general merchandise," in reporting the men's pleas in the Court of General Sessions, and those of four others charged with third degree burglary, on March 25, after their indictment by the grand jury on March 22.

Moore had arrived in the United States from Barbados in 1917, perhaps initially living in Pennsylvania, as the 1930 Census reported his eldest daughter had been born there around 1920. By around 1926, he and his family were in New York City as another daughter is listed as having been born there. In 1930 the census enumerator recorded Moore living in an apartment at 213 West 142nd Street with his wife Olive, three daughters and a son, working as a carpenter for building contractors, but unemployed at that time, April 3. At some point between 1930 and his arrest in 1935 the family relocated to the Bronx, and were still at the same address when a census enumerator called on April 2, 1940. Moore's eldest daughter, twenty years old by this time, is not part of the household, but Moore and his wife had two more children, both boys. Still working as a carpenter, Moore was now employed by the Parks Department.
David Smith arrested At 12:05 A.M., Officer Anthony Barbaro of the 25th Precinct arrested David Smith, a twenty-two-year-old Black clerk, and Leon Mauraine, a twenty-two-year-old Black window washer in front of 322 Lenox Avenue. Barbaro had been standing on the corner of Lenox Avenue and 126th Street when he saw a group of people gather in front of the Rex Drug store at 318 Lenox Avenue, according to the statement he gave in the Harlem Magistrates Court. He then allegedly heard two of the men, Smith and Mauraine, say, "Com[e] on gang, here's two more windows, let's break them." Those men then threw stones at the store windows, breaking them, after which they ran north on Lenox Avenue. Barbaro chased them, catching and arresting both men two buildings north of the drug store. As the drug store was on the northeast corner of Lenox Avenue and West 126th Street, Barbaro must have been standing across 126th Street, on the southeast corner, as he would not have been able to hear the men or catch them so quickly from across the much wider Lenox Avenue. In the half hour after Barbaro arrested Smith and Mauraine, other police officers arrested two men for breaking windows near West 126th Street and Lenox Avenue, John Kennedy Jones at 333 Lenox Avenue and Bernard Smith at 317 Lenox Avenue. Multiple arrests by different officers indicates that a number of police were stationed at the intersection at that time. All three of the arresting officers came from precincts outside Harlem.

Smith had lived for the last fourteen months at 2094 5th Avenue, three blocks north and a block east of the store, according to his examination in the Magistrates Court. He may have been drawn to Lenox Avenue by the noise of windows being broken earlier in the disorder. While both he and Mauraine could have thrown stone at the windows, as Barbaro stated, it is unlikely they said exactly the same words. It may be that only one of the them urged on the group, or that they expressed similar sentiments that the officer chose to report in the same words (The Home News story about the proceedings in the Harlem Magistrates Court reported they had said "Come on. Let's bust some more windows," a difference in wording from the affidavit likely produced by a reporter's difficulty hearing what was said in the courtroom). The list of those arrested in the disorder published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and the list in the New York Evening Journal, did distinguish the men in a way Barbaro's affidavit did not. Smith was listed among those charged with malicious mischief, an offense which involved damaging property used in other cases involving broken windows, and Mauraine among those charged with inciting a riot. However, that distinction is not replicated in the 28th Precinct Police Blotter or in the Harlem Magistrates Court docket book, which recorded both men as charged with inciting a riot. So too did the story in the Home News about the proceedings in the court, which did not mention that Smith or Mauraine had broken the store windows, only what they had been "overheard saying to companions." A note on the Magistrates Court affidavit did, however, include malicious mischief alongside three sections of the riot law, indicating that both men faced both charges at some point in their prosecution.

When Smith, and Mauraine, appeared in the Harlem Magistrates Court on March 20, Magistrate Renaud held them for the grand jury, on bail of $1000. A week later both men appeared before the grand jury, which transferred them to the Court of Special Sessions for trial. It is likely that the note on the Magistrates Court affidavit was the charges they faced in that court, malicious mischief (indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony) and the three misdemeanor forms of inciting a riot. Convicted in that court, on April 2, Smith, and Mauraine, received suspended sentences, according to the 28th Precinct Police Blotter.
Lamter Jackson arrested Sometime during the disorder, Officer Jackson of the 32nd Precinct arrested Lamter Jackson, a twenty-four-year-old Black man, for allegedly throwing a rock that shattered the window of a store selling unclaimed laundry at 1 West 131st Street, and then taking a bag of laundry from the store. The only source of details of the event is the report of Jackson's appearance in the Magistrates' Court published by the Home News. Officer Jackson is identified as the arresting officer in Magistrates Court docket book. Lamter Jackson lived at 78 West 135th Street. There are multiple lootings and assaults on the stretch of Lenox Avenue between his home and the laundry store, noise and crowds which could have brought Jackson on to the streets. Several other men arrested in this area - Lawrence Humphrey, Carl Jones, Raymond Taylor, and Preston White, likewise lived in the blocks of 135th-132nd Streets between Lenox and 5th Avenues.

Jackson is listed among those charged with burglary in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and the New York Evening Journal. Both those lists flip his name, identifying him as Jackson Lamter; the Home News and the docket book record him as Lamter Jackson. He appeared in the Washington Heights Magistrates Court on March 20, charged with petit larceny not burglary. That charge did not require the evidence of breaking in and entering a store to take merchandise that burglary did. Magistrate Ford sent him to the Court of Special Sessions and held him on $100 Bail. For some reason just over two months passed before Jackson's trial took place. On May 27, the Magistrates convicted him and sent him to the Workhouse for thirty days, an outcome found only in the 32nd Precinct records.
Raymond Taylor arrested Officer D. Conn of the 24th Precinct arrested twenty-eight-year-old Raymond Taylor some time during the disorder for "stealing a quantity of groceries from a chain store at 135th St. and Lenox Ave," according to a story in the Home News. The store was likely the A & P grocery store at 510 Lenox Avenue, the only chain grocery store near that intersection in the MCCH Business survey. The only reference to the looting is a Home News report of the appearance in the Washington Heights Magistrates Court of Taylor and two other Black men three Black men, forty-two-year-old Preston White and fifty-year-old Joseph Payne. White and Payne allegedly smashed the store window and took food. All three men were arrested "in the store." Officer Archbold of the 30th Precinct, not Officer Conn, is recorded as having arrested White and Payne in the Magistrates Court docket book. There is no mention of the value of the merchandise the men allegedly stole. Only one other reported event occurred on Lenox Avenue north of West 135th Street, the arrests of Charles Alston, Edward Loper, Albert Yergen and Ernest Johnston for allegedly shooting at police at 138th Street at the very end of the disorder. Taylor lived at 2228 5th Avenue, a block east of the grocery store.

Taylor, White and Payne appeared in the lists of those charged with burglary in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and in the New York Evening Journal. When they appeared in the Washington Heights Magistrates Court on March 20, the charge against them was originally recorded as burglary, with Payne and White denied bail, and Taylor held on bail of $1000. The Home News mistakenly reported different bail decisions for Taylor and Payne: $500 for Taylor and $1500 for Payne. No complainant is listed in the docket book.

The three men returned to the Magistrates Court on March 26, at which point all had the charge against them reduced from burglary to disorderly conduct. That change is recorded in the docket book in the same handwriting as the outcome of the case, a quite different hand than the original entry. Magistrate Ford convicted all three men, and suspended Taylor's sentence while sending White and Payne each to the Workhouse for five months and twenty-nine days. There is no information on why Taylor received a different sentence.
Arthur Bennett arrested Sometime during the disorder Detective Perretti of the 6th Division arrested Arthur Bennett, a twenty-eight-year-old Black man, for allegedly breaking windows in the drug store at 339 Lenox Avenue, on the northwest corner of 127th Street. Perretti likely arrested a second man, James Bright, also a twenty-eight-year-old Black man, at the same time, also for breaking the store's windows. There is no information on the circumstances of the arrests. While other stores in the surrounding blocks of Lenox Avenue had windows broken and goods taken, police made few arrests as they lacked the numbers to control the many crowds on the streets. However, other officers made arrests for alleged looting at Frank De Thomas' candy store next to the drug store on West 127th Street and at Sol Weit and Isaac Popiel's grocery store two buildings north on Lenox Avenue, suggesting that officers were stationed at this intersection.

A story in the Home News is the only evidence that connects Bennett, and James Bright, to 339 Lenox Avenue. Bennett appeared in lists of those charged with disorderly conduct published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. Inexplicably, the 28th Precinct Police blotter records "Annoyed pedestrians" as the charge against him; no one else arrested during the disorder other than Bright was charged with that offense. Bennett appeared in the Harlem Magistrates Court on March 20 charged with disorderly conduct, with Detective Perretti recorded in the docket book as the arresting officer. He had allegedly thrown "stores through the window of the store at 339 Lenox Ave.," according to the Home News story on those proceedings. He did not live close to the store, but eight blocks south, at 48 West 119th Street. Magistrate Renaud convicted Bennett of disorderly conduct. He returned to the court for sentencing on March 23, and received a term of one month in the workhouse "for breaking windows" from Magistrate Renaud in proceedings reported in the Afro-American, New York Age, New York Daily News, and New York Times. None of those stories gave an address for the store whose windows Bennett had allegedly broken.
William Norris arrested Officer Phillips of the 28th Squad arrested William Norris, together with Charles Wright, for allegedly having "thrown an ashcan through the window" of the Lokos Clothes store at 2275 8th Avenue, according to a story in the Home News. Located just north of West 122nd Street, on the west side of 8th Avenue, the store was in an area with no other reported activity during the disorder other than rocks hitting Patrolman Harry Whittington as he traveled on an Emergency truck, and no other arrests. There are no details of the time or circumstances of the arrests.

Norris, a twenty-two-year-old Black man, is recorded as residing at 201 West 122nd Street in all the records of his arrest, only a block east of the clothing store. He appeared in the Harlem Magistrates Court on March 20 charged with malicious mischief. Magistrate Renaud transferred him to the Court of Special Sessions for trial, and held him on bail of $500, indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony. The judges convicted him, and on April 1st sentenced him to three months in the Workhouse. The prosecution of Wright followed the same process, with the same result. Phillips was also the arresting officer of three other individuals, Arthur Davis, Herbert Hunter and Elizabeth Tai.

Pauline Lokos of 2275 8th Avenue was identified as the owner of the store whose windows Norris allegedly broke in the Home News and recorded as the complainant in the Harlem Magistrates Court docket book when he appeared in court on March 20. Norris appeared in the lists of those arrested during the disorder published in Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal, but the two lists differed in the charge made against him. The Atlanta World, Afro-American and Norfolk Journal and Guide included him among those charged with burglary, while the New York Evening Journal listed the charge against Norris as inciting a riot. The charge recorded in the 28th Precinct Police blotter was inciting a riot. In the Magistrates Court the charge made was malicious mischief, recorded in the docket book and reported in the Home News. That charge involved damage to property not required for the charge of riot, so the change in charge in effect shifted from treating the men as part of a crowd to as having attacked the store. There is no information on why that change was made.
Charles Wright arrested Officer Phillips of the 28th Squad arrested Charles Wright, together with William Norris, for allegedly having "thrown an ashcan through the window" of the Lokos Clothes store at 2275 8th Avenue, according to a story in the Home News. Located just north of West 122nd Street, on the west side of 8th Avenue, the store was in an area with no other reported activity during the disorder other than rocks hitting Patrolman Harry Whittington as he traveled on an Emergency truck, and no other arrests. There are no details of the time or circumstances of the arrests.

Wright, a twenty-two-year-old Black man, is recorded as having "no home" in the 28th Precinct Police blotter and the Harlem Magistrates Court docket book, but with an address in Philadelphia in the Home News. He appeared in the Harlem Magistrates Court on March 20 charged with malicious mischief. Magistrate Renaud transferred him to the Court of Special Sessions for trial, and held him on bail of $500 (indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony). The judges convicted him, and on April 1st sentenced him to three months in the Workhouse. The prosecution of Norris followed the same process, with the same result. Phillips was also the arresting officer of three other individuals, Arthur Davis, Herbert Hunter and Elizabeth Tai.

Pauline Lokos of 2275 8th Avenue was identified as the owner of the store whose windows Wright allegedly broke in the Home News and recorded as the complainant in the Harlem Magistrates Court docket book when he appeared in court on March 20. Wright appeared in the lists of those arrested during the disorder published in Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal, but the two lists differed in the charge made against him. The Atlanta World, Afro-American and Norfolk Journal and Guide included him among those charged with burglary, while the New York Evening Journal listed the charge against Wright as inciting a riot. The charge recorded in the 28th Precinct Police blotter was inciting a riot. In the Magistrates Court the charge made was malicious mischief, recorded in the docket book and reported in the Home News. That charge involved damage to property not required for the charge of riot, so the change in charge in effect shifted from treating the men as part of a crowd to as having attacked the store. There is no information on why that change was made.
David Bragg arrested Sometime during the disorder, Patrolman Leahy of the 28th Precinct arrested David Bragg, a thirty-three-year-old Black man, for allegedly throwing a rock through the window of Ben Salcfas' grocery store at 2061 7th Avenue, according to a story in the Home News. The window could have been broken around 11.15 PM, when a group of twenty-five to thirty people gathered at the intersection. Another officer from the 28th Precinct, Patrolman Peter Naton, arrested one member of that group, James Pringle, for allegedly urging the others to cross the street so they could throw rocks at police. The group continued on despite the arrest, smashing store windows, according to Naton. Bragg may have been part of that group. Later, two stores close to the grocery store were looted. First, Sarah Refkin's delicatessen at 2067 7th Avenue at 12:30 AM, and then Nicholas Peet's tailors store at 2063 7th Avenue at 1:30 AM. The shoe repair store directly across 7th Avenue from the grocery store was also looted sometime during the disorder. Bragg lived at 235 West 135th Street, over ten blocks north of the store, between 7th and 8th Avenues.

"Ben Salcfas" of 2061 7th Avenue is recorded as the complainant against David Bragg in the Harlem Magistrates Court docket book. A story in the Home News is the only other source that links Bragg to 2061 7th Avenue. The information that Bragg through a rock at the store window is also only found in that story, a report of his appearance in the Harlem Magistrates Court. The charge made against Bragg when he was arraigned, malicious mischief, involves the destruction of property, and was used in other prosecutions involving broken windows. However, police initially charged him with inciting a riot, which is the charge recorded in the 28th Precinct Police blotter, and in the list of those arrested during the disorder published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and the list published in the New York Evening Journal. When Bragg appeared in court on March 20, Magistrate Renaud transferred him to the Court of Special Sessions and held him on bail of $1000. Convicted by the judges of that court, he was sentenced on April 1 to three months in the workhouse, according to the 28th Precinct Police blotter.
David Terry arrested Some time during the disorder, Detective Balkin of the 5th Division arrested David Terry, a twenty-four-year-old homeless Black man. Wilbur Montgomery, living at 951 Woodycrest Avenue, recorded as the complainant against Terry in the Harlem Magistrates Court docket book, was identified in the 1933 City Directory as the manager of Danbury Shoes, at 2334 8th Avenue. The nearby intersection of 8th Avenue and West 125th Street, only a few buildings from Kress' store, saw some of the earliest crowds and violence of the disorder, and a concentration of police, who sought to clear West 125th Street by pushing people on to the avenue. Windows were also broken in stores either side of Danbury shoes, the branch of the Liggett drug store chain on the corner of West 125th Street and a seafood restaurant at 2338 8th Avenue. Montgomery was also the complainant against another man arrested by Detective Balkin, likely at the same time, James Hayes. There are no details of the circumstances of Terry's arrest, but the charge against him in the Harlem Magistrates Court, malicious mischief, was made against those arrested in the disorder who had allegedly broken windows. Hayes had allegedly taken a baseball bat from the hat store, according to a story about his appearance in the Magistrates Court in the Home News, which gave only the address of the store. Police appear to have initially charged Hayes with breaking a window as well as taking the bat. He appeared in the 28th Precinct Police Blotter, his name misrecorded as Hazel, with the note "Broke store window, burglarized store." In line with that entry, Hayes was among those charged with burglary in the lists published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. However, when Hayes appeared in the Harlem Magistrates Court on March 20, the charge was recorded as petit larceny not burglary. That charge did not require evidence of breaking in and entering a store as burglary did, indicating a reassessment of the information in the blotter by the time of his arraignment.

Instead, it appears that it was Terry who police alleged had broken the hat store windows, as he was charged in the Harlem Magistrates Court on March 20 with malicious mischief. Magistrate Renaud held Terry in custody so his case could be investigated. When he was returned to court on March 26, the charge against him was reduced to disorderly conduct, the previous charge crossed out in the docket book, "Red. to" written above it, and the new charge stamped in its place. That change likely indicates a lack of evidence that Terry had broken windows. It is that reduced charge of disorderly conduct that appeared as the charge against Terry in lists published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. A different charge recorded against him in the 28th Precinct Police Blotter, inciting a riot, appears to have frequently been used by police as the initial charge against those arrested during the disorder, and was often replaced by other charges in the Magistrates Court. As disorderly conduct was a charge that Magistrates had the power to adjudicate, Magistrate Ford tried and convicted Terry and fined him $500 or five days in the workhouse. Terry served the time in the workhouse, according to the 28th Precinct Police blotter.
Meat market window broken Sometime during the disorder, a store window in the meat market at 2422 8th Avenue was broken. Officer Libman of the 32nd Precinct arrested Henry Stewart, a thirty-three-year-old Black man, for allegedly having thrown a bottle through the window, a story in the Home News reported. There is no information on the time or circumstances of the arrest. Libman also appeared in the Harlem Magistrates Court as the arresting officer of another man, Warren Johnson, and two women, Louise Brown and Rose Murrell , who, with Stewart, had all been arrested at 8th Avenue and West 127th Street, according to a story in the Daily Mirror. The broken window was the northern-most report of disorder on 8th Avenue, on the block between 130th and 131st Streets. The other reported broken windows and looting were south of 128th Street.

Henry Stewart appeared in the Harlem Magistrates Court on March 20, charged with malicious mischief, an offense involving damage to property used in the prosecution of individuals arrested for allegedly breaking windows during the disorder. Magistrate Renaud transferred him to the Court of Special Sessions, and set bail at $500. On March 25, the judges in that court discharged Stewart, according to the 28th Precinct Police blotter.

A white-owned meat market is recorded at 2422 8th Avenue in the MCCH business survey taken in the second half of 1935. The nature of the business is not visible in the Tax Department photograph taken between 1939 and 1941.
Preston White arrested Officer Archbold of the 30th Precinct arrested forty-two-year-old Preston White some time during the disorder for smashing the store window and taking food from "a chain store at 135th St. and Lenox Ave," according to a story in the Home News. The store was likely the A & P grocery store at 510 Lenox Avenue, the only chain grocery store near that intersection in the MCCH Business survey. The only reference to the looting is a Home News report of the appearance in the Washington Heights Magistrates Court of White and two other Black men, twenty-eight-year-old Raymond Taylor and fifty-year-old Joseph Payne. Like White, Payne allegedly smashed the store window and took food, whereas Taylor was arrested for "stealing a quantity of groceries." All three men were arrested "in the store." While Officer Archbold also arrested Payne, Officer D. Conn of the 24th Precinct is recorded as having arrested Taylor in the Magistrates Court docket book. There is no mention of the value of the merchandise the men allegedly stole. Only one other reported event occurred on Lenox Avenue north of West 135th Street, the arrests of Charles Alston, Edward Loper, Albert Yergen and Ernest Johnston for allegedly shooting at police at 138th Street at the very end of the disorder. White lived at 26 West 134th Street, a block south and east of the grocery store.

White, Payne and Taylor appeared in the lists of those charged with burglary in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and in the New York Evening Journal. When they appeared in the Washington Heights Magistrates Court on March 20, the charge against them was originally recorded as burglary, with White and Payne denied bail, and Taylor held on bail of $1000. The Home News mistakenly reported different bail decisions for Taylor and Payne: $500 for Taylor and $1500 for Payne. No complainant is listed in the docket book.

The three men returned to the Magistrates Court on March 26, at which point all had the charge against them reduced from burglary to disorderly conduct. That change is recorded in the docket book in the same handwriting as the outcome of the case, a quite different hand than the original entry. Magistrate Ford convicted all three men, sending White and Payne to the Workhouse for five months and twenty-nine days, and suspending Taylor's sentence. There is no information on why Taylor received a different sentence.
Castle Inn saloon windows broken 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 is identified as breaking the store's windows.
James Bright arrested Sometime during the disorder Detective Perretti of the 6th Division arrested James Bright, a twenty-eight-year-old Black man, for allegedly breaking windows in the drug store at 339 Lenox Avenue, on the northwest corner of 127th Street. Perretti likely arrested a second man, Arthur Bennett, also a twenty-eight-year-old Black man, at the same time, also for breaking the store's windows. There is no information on the circumstances of the arrests. While other stores in the surrounding blocks of Lenox Avenue had windows broken and goods taken, police made few arrests were made as they lacked the numbers to control the many crowds on the streets. However, other officers made arrests for alleged looting at Frank De Thomas' candy store next to the drug store on West 127th Street and at Sol Weit and Isaac Popiel's grocery store two buildings north on Lenox Avenue, suggesting that officers were stationed at this intersection.

A story in the Home News is the only evidence that connects Bright, and Arthur Bennett, to 339 Lenox Avenue. Bright appeared in lists of those charged with disorderly conduct published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. Inexplicably, the 28th Precinct Police blotter records "Annoyed pedestrians" as the charge against him; no one else arrested during the disorder other than Bennett was charged with that offense. Bright appeared in the Harlem Magistrates Court on March 20 charged with disorderly conduct, with Detective Perretti recorded in the docket book as the arresting officer. He had allegedly thrown "stones through the window of the store at 339 Lenox Ave.," according to the Home News story on those proceedings. He did not live close to the store, but five blocks north, at 43 West 133rd Street. Magistrate Renaud convicted Bright of disorderly conduct. He returned to the court for sentencing on March 23, and received a term of one month in the workhouse "for breaking windows" from Magistrate Renaud in proceedings reported in the Afro-American, New York Age, New York Daily News, and New York Times. None of those stories gave an address for the store whose windows Bright had allegedly broken.
Joseph Payne arrested Officer Archbold of the 30th Precinct arrested fifty-year-old Joseph Payne some time during the disorder for smashing the store window and taking food from "a chain store at 135th St. and Lenox Ave," according to a story in the Home News. The store was likely the A & P grocery store at 510 Lenox Avenue, the only chain grocery store near that intersection in the MCCH Business survey. The only reference to the looting is a Home News report of the appearance in the Washington Heights Magistrates Court of Payne and two other Black men, twenty-eight-year-old Raymond Taylor and forty-two-year-old Preston White. Like Payne, White allegedly smashed the store window and took food, whereas Taylor was arrested for "stealing a quantity of groceries." All three men were arrested "in the store." While Officer Archbold also arrested White, Officer D. Conn of the 24th Precinct is recorded as having arrested Taylor in the Magistrates Court docket book. There is no mention of the value of the merchandise the men allegedly stole. Only one other reported event occurred on Lenox Avenue north of West 135th Street, the arrests of Charles Alston, Edward Loper, Albert Yergen and Ernest Johnston for allegedly shooting at police at 138th Street at the very end of the disorder. Payne lived at 28 East 128th Street, on Harlem's eastern boundary and far further from the grocery store than Taylor or White.

Payne, White and Taylor appeared in the lists of those charged with burglary in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal. When they appeared in the Washington Heights Magistrates Court on March 20, the charge against them was originally recorded as burglary, with Payne and White denied bail, and Taylor held on bail of $1000. The Home News mistakenly reported Payne as younger, twenty-three years-of-age, and different bail decisions for Payne and Taylor: $1500 for Payne and $500 for Taylor.

The three men returned to the Magistrates Court on March 26, at which point all had the charge against them reduced from burglary to disorderly conduct. That change is recorded in the docket book in the same handwriting as the outcome of the case, a quite different hand than the original entry. One explanation for the reduced charge is that, although arrested in the store, there was no evidence that the men had broken windows to gain entry or taken any merchandise. Magistrate Ford convicted all three men, sending Payne and White to the Workhouse for five months and twenty-nine days, and suspending Taylor's sentence. There is no information on why Taylor received a different sentence.