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• 1 2022-06-16T19:24:46+00:00 Police establish perimeter around Kress' store 87 plain 2024-01-29T16:26:23+00:00 After Inspector Di Martini returned to 125th Street around 7:00 PM, he called for police reinforcements. A New York Evening Journal story celebrated the response as “the most remarkable 'military' feat in the history of the department.” That portrayal was certainly how the police department would have sought to present the deployment. However, the arrival of additional officers appears to have taken longer than the story allowed, and to have been focused on establishing a perimeter around Kress’ store. The piecemeal arrival of reinforcements made that a protracted process. As police struggled to keep crowds away from Kress' store, those clashes served to disperse crowds along the avenues rather than stopping the violence. Unable to prevent windows being broken in businesses on 125th Street, police had to guard damaged stores, limiting the officers who could be deployed on the avenues. Guards appear to have prevented looting; they did not stop additional windows being broken. After crowds broke through on to 125th Street around 10:30 PM, there are only two further incidents in that area during the remaining disorder, an alleged assault on a woman and a shooting, both at the intersection of 125th Street and 7th Avenue. Although other incidents whose timing is unknown may have occurred during that time, the evidence suggests that police perimeter held through that period.
  
  The New York Evening Journal story lauding the police response reported “a small army of 700 police was beating back the rioters” on 125th Street between 8th and 7th Avenues. That number likely reflected the total deployment rather than the force that set up the perimeter around Kress’ store. It was in line with the number Di Martini reported to the police commissioner were in Harlem after midnight and fell between the totals reported by newspapers, with the 1,000 officers mentioned by the Daily Mirror at one extreme, and the 500 officers reported by the Home News and New York Herald Tribune representing the other end of the range. While the officers coming from beyond the local precincts went initially to 125th Street, Lt. Battle later told Langston Hughes that the reserve officers from Harlem's precincts went to their stations, on West 123rd Street and West 135th Street. Some of those officers may have been sent directly to other areas of Harlem, particularly those who arrived later in the evening.
  
  The perimeter established by police extended from 8th to Lenox Avenues, and from 124th to 126th Streets, according to stories in the New York Times, Daily Mirror and Pittsburgh Courier, the only sources that described police deployments. While Inspector Di Martini had summoned the reinforcements, the newspapers credited that deployment to Deputy Chief Inspector McAuliffe, who commanded uniformed police in the borough of Manhattan, and would have taken over from Di Martini when he arrived around 9:00 PM. The department’s emergency trucks attracted the most attention in newspaper stories, presented as the anchors of the police cordon. Six emergency trucks were stationed at the intersection of West 125th Street and 7th Avenue in the strategy reported by the New York Times, Daily Mirror, and Pittsburgh Courier. Emergency trucks were more dispersed according to the New York Herald Tribune; two at West 125th and 7th Avenue, one at West 125th and Lenox Avenue, and one at West 127th and 7th Avenue.
  
  The Emergency Services Division had succeeded the police department’s Riot Battalion in 1925. Each truck had a crew of eight officers and, in addition to rescue equipment, carried a Thompson machine gun, three Winchester rifles, and a Remington shotgun, as well as a tear gas gun, for use against "disorderly crowds." The twenty-two trucks in the department in 1935 were dispersed throughout the city. While the two located closest to 125th Street arrived relatively quickly, additional trucks would have taken significantly longer. Squad #6 was based on East 122nd Street, and had been involved in clearing shoppers from Kress’ store earlier. Squad #5, based on Amsterdam Avenue, arrived around 7:15 PM, according to Patrolman Eppler. The New York Evening Journal identified trucks as coming from Kingsbridge in the Bronx and from Coney Island at the southern end of Brooklyn, the latter apparently arriving later: “It slithered perilously over wet streets but arrived in time for its crew to get into action.” The Brooklyn Daily Eagle identified another squad from Brooklyn, Squad #16 from Herbert Street, as having crashed returning from Harlem, at 1:00 AM (a time when there was still significant disorder). Thompson did not mention the trucks. Neither did trucks appear in any of the published photographs of the disorder. Some of their crew did, identifiable because the rifles they carried — described as “riot guns” in newspapers stories and photograph captions — caused them to stand out from other police. They did not, however, have a machine gun that needed to be “set up,” as the Afro-American reported: each truck instead carried a single hand-held "Tommy gun." Nor were the trucks equipped with enough of those weapons for all the crew to have one. And there are no reports that they used tear gas. Those weapons prompted several newspapers to use martial language in stories about the squads’ activities. The New York Evening Journal story on the police reinforcements described Harlem as a “seething battleground,” and the police as “beating back the rioters in a savage and organized attack.” An emergency truck from the Bronx “leaped off the machine and tore into a crowd of window smashers” (perhaps at Herbert’s jewelry store at 125th Street and 7th Avenue, where another New York Evening Journal story described a similar scene). The Daily Mirror described emergency trucks as "being sent to the battle zone."
  
  The other evidence of the presence of emergency trucks placed them in less warlike roles. Newspaper photographs show their crew among the officers who guarded damaged stores. A patrolman with a riot gun stands in front of Herbert’s jewelry store on northeast corner of 125th and 7th Avenue in a photograph published in the Burlington Free Press. Stories in the New York Evening Journal and New York Herald Tribune described police with riot guns guarding the store (the Daily News, New York American, and Home News described the officers simply as patrolmen). Another patrolman with a riot gun was photographed on the corner across 7th Avenue from the jewelry store. The image published in the New York Evening Journal is narrowly focused on the officer, whereas another version of that image published in the Daily Mirror shows a Black man walking past him, and the image published in the Daily News shows several Black men and women walking by on the sidewalk, evidence of the continued presence of people around 125th Street. Two additional patrolmen, one visibly carrying a rifle, stand in front of Sherloff’s jewelry store, just a few buildings north of the intersection, in an AP photograph published in the Los Angeles Times. Taken together, the images suggest that the crew of at least one Emergency Truck guarded stores at the intersection. Captain Rothengast, Patrolman Moran, and Patrolman Eppler told the MCCH that they also guarded other stores on 125th Street, including Kress’ store. A photograph published in the Daily News shows a patrolman talking through a broken window with a man inside a store on 125th Street. Again, Black men and women are visible in the background on the sidewalk in the background, their presence indicating that police had not closed the streets.
  
  The police perimeter appears to have focused on keeping crowds off 125th Street, not individuals and small groups. In addition to those visible in photographs, Captain Rothengast described seeing "groups of people in 125th Street – no more than 250" when he arrived at Kress’ store around 8:30 PM. A story in the Home News also reported that “In an effort to keep traffic moving, police permitted pedestrians to walk through 125th St. The sidewalks on both sides of the street were crowded.” Patrolmen Moran and Eppler testified that at least some of those people approached police guarding Kress' store asking about the boy beaten in the store, encounters also described by a reporter for the Afro-American. Allowing individuals to walk along 125th Street was not incident-free: around 8:30 PM, a white man was allegedly beaten in front of Kress’ store, with police arresting James Smitten for committing the assault. About twenty minutes later, police arrested Frank Wells for breaking a window in the Willow Cafeteria. Just before 10:00 PM, Detective Roge was hit by a rock in front of Kress’ store and another patrolman injured at 124th Street and 7th Avenue. At the same time, Louise Thompson described larger groups being pushed back by police. She told a MCCH hearing she saw "one policeman throw his billy into the crowds while the mounted police were riding them down” at the corner of 125th Street and 7th Avenue between 8:00 PM and 9:00 PM, a scene similar to that captured by a photograph published in the Daily News. There is no evidence of where that photograph was taken, but a second photograph of police dispersing a group of Black men and women, the most widely reproduced photograph of the disorder, was taken at 125th Street and 7th Avenue according to the caption. It shows the island that that divided the north and south lanes on the roadway, which contained trees and were surrounded by the barriers like those visible in the photograph. A group of men and women are scattering in response to a uniformed patrolman moving toward them. One man is bent over; the caption describes him as falling down. He may also have been pushed down or hit by the patrolman; another man obstructs the view of what has happened between the two men. (One version of the caption claimed that the photographer was hit by a rock soon after taking the image, which might explain why the patrolman was trying to move the crowd.)
  
  One of the Black men killed during the disorder, Andrew Lyons, sustained a fractured skull "during the thick of a melee at 125th street and Seventh avenue," according to the New York Amsterdam News, or a block further west at 125th Street and Lenox Avenue according to the Times Union. Police clubs may have been responsible for those injuries, but the doctors who treated Lyons recorded that had been too groggy to tell his roommate or anyone else how he had been injured. No sources mentioned police firing revolvers or rifles to try to disperse the crowds.
  
  On at least two occasions large crowds appear to have broken through the police perimeter. Louise Thompson told a MCCH hearing that around 9:00 PM a crowd broke through on to 125th Street. The Home News also reported that incident. Store windows were broken, Young's hat store looted, and two white men and a white police detective allegedly assaulted around that time. A second crowd broke through around 10:30 PM, resulting in more windows being broken and a white man allegedly being assaulted, and police arresting four Black men.
  
  Most of the incidents on 125th Street before 10:30 PM did not result in arrests, likely because police were heavily outnumbered by crowds and constrained by the responsibility of guarding stores. Only at Kress’ store it seems were enough officers stationed to make arrests: there arrests were made not just around 10:30 PM but also just before 10:00 PM and at 8:30 PM. There are no arrests among those with known times in the period between the arrest of the picketers in front of Kress’ store at 6:45 PM and arrests on 125th Street between 8:30 PM and 9:00 PM. There are approximately a dozen arrests made at unknown times and places that might have occurred during this time, but it is more likely that police were too outnumbered to make arrests, as Lt. Battle later told Langston Hughes. While an arrest for breaking windows was made just before 9:00 PM, police made no arrests for the assaults and broken windows reported when a crowd broke through soon after.
  
  The police perimeter appears to have held after 10:30 PM. Sometime before then, no later than 10:00 PM, and likely as early as between 8:30 PM and 9:00 PM, groups had moved on from 125th Street to attack businesses on 8th Avenue and 7th Avenue, and later, Lenox Avenue. In response, police began to disperse across Harlem, driving along those streets in radio cars and taking up positions on street corners and guarding damaged stores. Exactly when the first police were sent beyond 125th Street is not clear. The first arrest made away from 125th Street, on West 127th Street between St. Nicholas and 8th Avenues around 9:00 PM, appears to have been made by a patrolman on his way to 125th Street rather than being deployed elsewhere in Harlem. The arrest of Leroy Brown around 9:45 PM on 7th Avenue between 127th and 128th Streets is clearer evidence of a spreading police presence.
  
  With the MCCH giving limited attention to this period of the disorder, witnesses who testified at their hearings did not provide the details they do of the earlier police response. Newspaper reporters and photographers were on 125th Street during this time, so would have seen some of these events and been able to obtain information from police. Inspector Di Martini spoke with a group of reporters, including one from the Afro-American during this time. At the same time, those reporters would have had a limited view. The block was too long for those at one intersection to see the details of what was happening at the other intersection, or even for those at Kress' store to clearly see the nearby intersection with 8th Avenue. At the corner of 125th Street and 7th Avenue the Afro-American's reporter saw only "little knots of people on the corner"; "once he walked on, however, he found high police officials and the first detail of 500 extra policemen rushed to the area" and "a large number of people between Seventh and Eighth Avenues." It is unsurprising then that newspaper stories offer only general and fragmented accounts of this period of the disorder. Information on specific events comes from legal records, which are limited largely to the period around 10:00 PM when police made arrests, and narrowly focused on the actions of a single arresting officer.
   
• 1 2022-06-16T19:02:59+00:00 Police in front of Kress' store 80 plain 2024-02-09T18:39:52+00:00 Although Inspector Di Martini told a MCCH hearing that he saw no “indications of further trouble” when he left 125th Street at 6:00 PM, he did station some officers at Kress’ store — "Sergeant Bauer, two foot policeman, one mounted policeman in the rear to prevent a riot” according to his testimony, or “a Sergeant and four patrolmen” on the 125th Street side and “a mounted patrolman and a foot patrolman” on the 124th Street side according to his report to the police commissioner immediately after the disorder. A patrolman stationed in front of the store told an MCCH hearing that there were 10–15 officers there around 6:15 PM; that total may have included officers on regular assignment on 125th Street. However many police were present, one was Patrolman Shannon, who like Bauer, had been inside the store earlier.
  
  Patrolman Moran, who arrived after Kress' store was closed, described being instructed to “keep the crowd moving in front of the store.” He insisted he did so by requesting them to “move on”; the lawyers who questioned him at a hearing of the MCCH alleged he used force, pushing people and using his nightstick. By around 6:15 PM, Moran said the front of the store was “pretty clear” while a crowd walked up and down on the opposite side of the street. Louise Thompson told the MCCH that there “little knots of people” on the street (although she wrote in New Masses that the crowd in front of the store numbered in the hundreds, that across the street in the thousands). Two men set up a stepladder in front of the store. A Black man named James Parton speaking briefly and then, as Daniel Miller tried to speak to the crowd, a window in the store was broken and Patrolman Shannon arrested Miller. Outnumbered as they were by the crowd, police made the arrest following the practice of focusing on the leaders of crowds. Other officers then cleared the crowds from in front of the store, moving them first across West 125th Street and then towards 7th Avenue. Thompson testified that “police got rough and would not let anyone stop on the street” and wrote “the cops who were becoming ugly in their attempts to break up the increasing throngs of people.” About fifteen minutes later Patrolman Irwin Young, assisted by several other officers, arrested Harry Gordon when he climbed a lamppost to speak to the crowd. They bundled him into a radio car and took him to the 28th Precinct on West 123rd Street. Again, police were trying to control the crowd by arresting men they perceived to be leaders, possibly identifying them as Communists with whom they regularly clashed. They had not arrested Parton, the Black man who introduced both Miller and Gordon. A few minutes later, Patrolman Shannon, Sgt. Bauer, and Patrolman Moran were involved in arresting two white men and a Black man after they refused to stop picketing in front of Kress’ store. Those men carried placards that identified them as members of an organization associated with the Communist Party, which again likely contributed to the decision to arrest them.
  
  After the arrests, police continued to move on people who stopped on the sidewalks around Kress’ store — and perhaps clear some who had gone into the street itself, as the New York Herald Tribune reported the street reopened after being blocked to automobiles and streetcars. By 7:00 PM, the crowds had been pushed to the avenues (some of those on 8th Avenue for a short time moved to attack the rear entrance of Kress’ store, where two police officers were hit by objects thrown by those trying to get into the store). Additional officers who arrived seem to have been key to that success. “15 patrolmen, six mounted police and uniformed men of five radio cars” were on 125th Street by that time according to the New York Evening Journal. Inspector Di Martini also returned, around 7:15 PM.
  
  The Daily News published a photograph of the disorder that showed police officers engaging with crowds. The caption for the image, which captures the largest crowd to appear in a photograph of the disorder, described only the actions of one of the two uniformed patrolmen visible: "The raincoated policeman swings in against the angry crowd as his comrade tries to hold the police line. One colored man is lifting his arm as if to restrain the cop.” The use of force captured here is at odds with Patrolman Moran's insistence that officers simply asked crowds to move. While uniformed patrolmen carried nightsticks as part of their standard equipment, detectives in plainclothes were issued them for riot duty, according to the New York Evening Journal. As well as hitting people with their batons, police officers used the butts of their revolvers and riot guns as clubs. The Times Union directly contradicted Moran's claim police did not use those weapons to move the crowds in front of the store: "Police night sticks swung and soon the mob was dispersed." Only the Daily News reported police fired their guns to move the crowd, describing with unlikely precision that five shots were fired in the air. Inspector Di Martini told a hearing of the MCCH that he heard no gunshots on 125th Street, so if those shots were fired, it was before he arrived around 7:15 PM. The caption makes no mention of where the photograph was taken; the group appears to be on the sidewalk, perhaps near Kress’ store or later near 7th or 8th Avenue. Unmentioned is the horse’s head visible on the right side of image, indicating the presence of a mounted patrolman.
  
  Mounted patrolmen, part of the police crowd control force, were reportedly deployed “to ride people off the sidewalk,” Louise Thompson testified. Lt. Battle told Langston Hughes that "an officer on a horse can be more effective than twenty patrolmen on foot," as the horses are "trained to brush a crowd back without stepping on anyone." When a reporter for the Afro-American arrived around 7:30 PM, “mounted police rode the sidewalk [in front of the store] keeping the crowd back.” Charles Romney likewise told a hearing of the MCCH that he saw "men on horseback were on the sidewalk to trample people." The New York Times and Daily News opted to describe the mounted police in more sensational terms as ‘charging’ the crowds. In the New Masses, Thompson presented a similar picture, juxtaposing the mounted officers with women protesting in terms echoing those used by other Communists: “Brigades of mounted police cantered down the street, breaking into a gallop where the crowds were thickest. Horses' hoofs shot sparks as they mounted on the glass-littered pavements. The crowds fighting doggedly, gave way. The women more stubborn even than the men, shouted to their companions, 'What kind of men are you-drag them down off those horses.' The women shook their fists at the police. 'Cossacks! Cossacks!' they shouted here in Harlem on 125th Street.” Years later, interviewed for her autobiography, Thompson identified many of the mounted patrolmen as Black officers and described the women as actually fighting with them. Another Afro-American journalist simply described the mounted police as "somewhat rough" during the early hours of the disorder. Whatever approach they took, it was mounted police that the Afro-American credited with keeping large groups away from Kress and on the avenues.
  
  While police cleared 125th Street of large groups and stopped any more assembling there, they did not — or could not — close it off. Instead, “they patrolled 124th and 125th Streets between Seventh and Eighth Avenues constantly to prevent more groups from assembling,” the New York Herald Tribune reported. Thompson testified that she walked up and down 125th Street after the arrests, but was only able to stop and speak with members of groups on the corner of 8th Avenue. Charles Romney told a hearing of the MCCH that when he arrived on 125th Street around 7:30 PM, walking from Lenox to 7th Avenue, he “noticed a crowd of police with sticks on their hands telling the crowd to go on.” Given the small numbers of police, those patrols did not protect the stores on the block from attack: Thompson testified windows were broken in almost every store between 7:00 PM and 8:00 PM (although she was away from the area from 7:30 PM to 8:00 PM); and Romney likewise testified that at 7:30 PM "there were a lot of windows smashed." The New York Herald Tribune reported the same timeline, that “by 8 p.m. one or more windows in virtually every 125th Street store front in the block had been smashed.” Around that time the situation began to change as additional officers arrived, reinforcements that made it possible for police to set up a perimeter around 125th Street and keep people away from the stores.
  
  As with other events at the beginning of the disorder, the most detailed and consistent evidence is the testimony of individuals present on 125th Street in hearings of the MCCH. Newspaper stories were generally vague and inconsistent about how many police were on the scene at what times and how they responded to the crowds, and tended to exaggerate the size of the crowds and the number of people on the street. It does seem credible that several hundred — and perhaps as many as 2,000–3,000 people — were in the area during this time, although not gathered in a single group. This was a larger number than gathered in any one place later in the disorder, contributing to the different way that police responded.