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"Police Still on Riot Duty," New York Amsterdam News, March 30, 1935, 1, 2.
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2020-03-11T21:54:28+00:00
Lino Rivera grabbed & Charles Hurley and Steve Urban assaulted
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2022-12-15T16:14:08+00:00
When Charles Hurley, a floorwalker, and Kress' store detective confronted Lino Rivera, an unemployed sixteen-year-old Puerto Rican boy, about stealing a pocketknife in Kress’ store, and started pushing him out of the store, the boy bit the hands of Hurley and a white window dresser who came to their aid, Steve Urban. Although having initially indicated that they wanted Rivera charged with assault, the two men ultimately did not ask police to arrest him. The incident is treated here as an assault as the New York Evening Journal, New York Post, New York American and Daily News listed the two men among the injured.
As the incident between Rivera and the store staff triggered the disorder, it was widely reported in the press and a topic investigated by the MCCH. This analysis relies on testimony given in MCCH public hearings, by far the most complete and detailed evidence. Newspaper narratives varied in detail, consistently reporting only that a boy had been grabbed by store staff for taking merchandise, and later released, but omitting most other details. Several white newspapers also published separate stories based on statements made by Rivera at the West 123rd Station during the disorder or at his home the next day that included additional details of why he was in the store and his encounter with the store staff but not of subsequent events in the store.
Rivera had begun the day by taking the subway to Brooklyn, in pursuit of job as an errand boy, he told reporters for the New York American and New York Herald Tribune. Finding the job already filled, he returned to Harlem. Getting off the subway at West 125th Street, Rivera decided to go to a show or movie at one of the theaters that lined the street, perhaps at the Apollo Theater opposite Kress' store, as a story in the New York Evening Journal claimed. When the show ended, Rivera went into Kress' store, a detail also reported in the New York Sun. He said he did so because he had "nothing to do," according to the New York Post, "just to look around I guess," according to the New York World-Telegram, or "to walk through to 124th Street," according to the New York American, "to take a short cut home," according to the New York Herald Tribune. Testifying in a public hearing of the MCCH, Hurley, a twenty-eight-year-old white resident of the Bronx, said he was with the store manager Jackson Smith in an office overlooking the rear of the store when he saw Rivera take a pocketknife from a counter around 2.30 PM. Calling down to the store detective, he pointed out Rivera and then headed to the floor himself. Rivera later admitted to reporters that he did take the knife, after it "caught his eye," according to the New York Post or "attracted" him according to the New York World-Telegram and New York American, or because it "matched a fountain pen set he had," according to the New York Herald Tribune. (The New York Sun mistakenly reported that it was chocolate that Rivera had taken). When Rivera denied having the knife, Hurley took it from the boy’s pocket. Both Rivera and Hurley testified that the men started to push him out of the store. According to Hurley, near the front door Rivera became scared and started to lash out at them. Rivera reportedly told journalists from the New York World-Telegram, New York Post and New York Evening Journal that he had told the men he could walk out on his own, and tried to shake free of their hold, "really started fighting" when, as he also testified in a MCCH hearing, Hurley said, "Let's take him down the cellar and beat hell out of him.” Hurley denied making that statement; he told the MCCH hearing that he held Rivera around his shoulders while the store detective tried to calm the boy. As a struggle developed, another store employee, Steve Urban, a thirty-nine-year-old white window dresser, also grabbed hold of Rivera, according to Hurley. Once the group was through the front door and into the store's vestibule, a recessed area of the street surrounded by display windows, the store detective went to get a Crime Prevention Bureau officer. That police agency provided an alternative to having children arrested; its officers instead undertaking investigations of their conditions in order to refer them to social agencies to better prevent “juvenile delinquency.” Kress store staff turned most of the boys they caught shoplifting over to the Crime Prevention Bureau, according to Hurley, and had police arrest only one or two a week.
Sometime after the store detective left, Rivera bit both Hurley and Urban on the hands and wrist, "trying to get away," he told a public hearing, reportedly explaining to journalists from that New York World-Telegram and New York Post that "I didn't want a licking." The struggle in the vestibule attracted the attention of Patrolman Donahue, who was the nearest of several police officers on West 125th Street at the time (identified in some newspapers as a traffic officer and by Rivera in a MCCH hearing as a mounted patrolman). Donahue took Rivera back into the store, to near the candy counter at the front, to get away from a curious crowd gathering on 125th Street, and sent an officer to get an ambulance to provide treatment for Hurley and Urban. (He told the MCCH hearing that the officer was his partner Keel, or another patrolman named Walton; the call log records the man's name as Miller, who was later identified by the store manager as a Black officer). The telephone call to Headquarters was logged at 2:30 PM, followed by one from Police Headquarters to Harlem Hospital at 2:35 PM, with the ambulance bringing Dr. Sayet recorded in the hospital records as having arrived at 2:40 PM. Those records provide better evidence of the timing of the incident than Donahue’s testimony that he witnessed the struggle at 2:15 PM. Soon after the ambulance arrived, the manager, Jackson Smith came to the front of the store, he testified in a public hearing, after being told a crowd had gathered by a staff member. Informed that a Crime Prevention Bureau officer had been called, Smith decided there was “nothing further for him to do,” and he returned to his office. A few minutes later Alfred Eldridge, a Black Crime Prevention Bureau officer, arrived. Usually the store staff would have turned Rivera over to Eldridge, who would have taken Rivera with him. However, on this occasion Hurley and Urban told Eldridge they wanted the boy arrested and charged with assault. Hurley told a public hearing he had gone to the rear of the store before Eldridge arrived, and did not want Rivera arrested, but the officer was clear that he spoke with both Hurley and Urban. The store manager similarly told a later public hearing that “Hurley wants to press charges for biting.” Eldridge could not take Rivera with him if he was arrested: “The job and purpose of our bureau is not to arrest a child," the told the MCCH hearing. He telephoned his superior, and told him that “the 5 & 10 wanted the boy arrested.” In response that officer told him to “let the patrolman take care of it due to the fact that he was first on case.” So after about 25 minutes at Kress, around 3:15 PM, Eldridge left the store.
However, Eldridge testified he later found out that soon after he left, “the store officials changed their mind.” Donahue simplified those events in the public hearing, testifying that “The boy was not arrested, but was taken through the basement to 124th Street and sent home.” He did not mention Eldridge or who reversed the decision to arrest Rivera. Hurley’s self-interested statement that he did not want him arrested made Urban responsible. Urban himself was not among those who testified before a MCCH public hearing. It does seem that it was Urban who Donahue said was with him when he released Rivera; the officer referred to him not by name but as “the window dresser.” They took Rivera out the rear rather than on to 125th Street as there was a crowd in front of the store and Donahue “didn’t want to start something,” he told a public hearing. He was clearly anxious enough about the situation in the store to ignore another option that Eldridge had given him, “that in the event that Kress Store did not want to press charges, that the boy could be handed over to us for supervision,” according to the Crime Prevention Bureau officer’s testimony. After releasing Rivera on to 124th Street, Donahue left the store, at around 3.30 PM. Many of the fifty or so mostly black women shopping in the store observed these events, after their attention had been attracted by the struggle between the two men and Rivera, and the appearance of an ambulance. None of these women testified in a public hearing. A Black man named L. F. Cole told a MCCH public hearing that he saw Rivera being taken to the basement by two men. As they had not seen Rivera leave the store, groups of women concerned to find out what had become of him remained in the store until Smith closed it and police pushed them out sometime around 5:00 PM or 5:30 PM.
Bites are a relatively minor injury, and the hospital record indicates that both men received treatment at the scene and were not taken to the hospital. Hurley did still have a scar when he testified at a MCCH public hearing on April 20. Hays examined it, announcing that “I should say enough [of a scar] to indicate there was a bite,” adding in response to a question from the audience that he saw four teeth marks.” Only one other individual in the disorder is described as having been bitten, Arthur Block, a Black man. He appears among lists of the injured in only three publications, with no details provided of the circumstances in which he was assaulted.
The significantly less detailed narratives of what happened between Rivera and the store staff published in newspapers largely reflected what Inspector Di Martini told a journalist working for the Afro American and others in front of the store around 7.30 PM: "A boy stole some little article here this afternoon. The manager caught him, grabbed him by the arm, and was taking him in the back when a woman screamed. The crowd gathered. The manager did not press charges, and let the boy go home through the back.” (At the at time, Di Martini’s information came only from interviewing Jackson Smith and Hurley, as both Donahue and Eldridge were off duty and would not learn of the disorder until the next day). Missing from that narrative was Rivera biting the men, which was also missing from stories in the Brooklyn Daily Eagle, New York World-Telegram and New York Evening Journal, and Daily Worker. However, the assault was mentioned in the New York American, Home News, New York Sun, New York Herald Tribune, New York Times, Daily News, New York Post, Atlanta World, New York Age, Philadelphia Tribune, Pittsburgh Courier, La Prensa and in Time magazine and the New Republic. Only the New York American, Daily News and New York Herald Tribune included language that gave a particular slant to the assault, with the New York American and Daily News describing Rivera as “hysterical” in his response to being grabbed by Hurley and the store detective, while the New York Herald Tribune labelled him pugnacious. The New York Age reported that “someone” had hit Rivera, the New York Herald Tribune and Brooklyn Daily Eagle that Hurley or Urban “slapped him", or “slugged him” according to the Pittsburgh Courier, with the New York Age mistakenly reporting that he was being treated at Harlem Hospital. That story was in a special edition of the New York Age published in the midst of the confusion early in the disorder. Two stories, in the New York American and New York Sun, had Rivera leave the store rather than being released. A story in The New Republic by white journalist Hamilton Basso included dialogue, almost certainly invented, between Rivera and the two men who grabbed him and comments from a crowd around him (Basso also mixed up the sequence of events inside and outside the store after Rivera's release).
Until police found Rivera, newspapers described the boy caught shoplifting as a younger Black child, in line with the rumors and leaflets circulating in Harlem. Louise Thompson heard from the women she spoke to in Kress' store that a "colored boy" aged ten to twelve years had been beaten. The signs carried by the Young Liberators who picketed the store an hour or so later referred to a "Negro child," while the leaflets their organization distributed another hour later later described a "12 year old Negro boy." The first newspaper stories repeated those descriptions. The New York American mentioned a "colored boy" and a "10-year-old Negro boy," the Daily News a 12-year old "colored boy," the New York Evening Journal a 15-year-old "Negro boy," the Daily Mirror a "little colored boy," the Home News a "young colored boy," and the New York Sun a "Negro boy." Early stories in some Black newspapers featured similar descriptions, a "small Negro boy" in the Norfolk Journal and Guide and a 10-year-old "colored boy" in the Indianapolis Recorder on March 23, or simply referred to the boy's age not his race, a 16 year old boy in the Atlanta World on March 21, a 12-year-old boy in the New York Age, a 14-year-old boy in the Chicago Defender, and a 16 year old boy in the Afro-American and Pittsburgh Courier on March 23. Newspapers published on March 20 after police found Rivera identified him as a 16-year-old Puerto Rican, in the New York Post, New York World-Telegram and Brooklyn Daily Eagle or a "Puerto Rican youth" in the New York Herald Tribune, Times Union, Brooklyn Citizen (although later in that story Rivera was referred to as a "Negro")(The New York World-Telegram also pointed to the differences between Rivera and the boy of the rumors by putting Negro in quotation marks when reporting the rumors and the text of the Young Liberators leaflet.) By contrast, the New York Times referred to a 16-year-old "Negro boy" even after Rivera had been found, as did the New York Sun and New York Evening Journal. While the New York Times did eventually identify Rivera as Puerto Rican when he appeared in the Adolescents court after the disorder, the New York Evening Journal continued to describe Rivera as "Negro," while the New York Sun made no mention of his race. Those newspapers' persistent use of "Negro" may have been intended to convey that Rivera was dark-skinned; the New York American described him in those terms, as a "dark-skinned 16-year-old Porto Rican" in a story reporting an interview with the boy in his home, while the Brooklyn Daily Eagle described him as a "Negro born in Porto Rico." Editions of the other newspapers published after Rivera was found, including the Black newspapers, simply switched to identify him as Puerto Rican. (Historian Lorrin Thomas argued that the New York Amsterdam News "failed to identify Rivera as Puerto Rican, referring to him instead as a “young Negro boy,”" but did not provide a citation. The March 23 issue of that newspaper is missing the news sections, but the March 30 issue identified Rivera as a "16-year-old Puerto Rican youth.") -
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2020-10-01T00:07:06+00:00
Harry Gordon arrested
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2024-01-25T19:59:45+00:00
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 the Kress store; Young pulled him down. The patrolman alleged that Gordon then grabbed his nightstick and hit him with it; Gordon denied doing anything. He told a public hearing of the MCCH that Young and other officers dragged him thirty feet to a police radio car and drove him to the police station on West 123rd Street. Louise Thompson had seen Gordon "get on the mailbox to speak and...dragged down by a policeman," after which "a cop kicked him, another knocked him over the head with his billy and another slapped him in the face and punched him in the ribs." Although Thompson was affiliated with the Communist Party and thus not an entirely objective witness, her account of the police violence was not disputed.
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 said “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, New York American, 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 was 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 ninety-six of those 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' 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 quoted him as refusing to answer questions until he saw a 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 other men 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, did 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 whom 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 New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used, in stories on the court appearances. However, while the Daily News, New York Herald Tribune, and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being arraigned separately from 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 communicate 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 $1,000; the magistrate also remanded the other four alleged Communists, but for them set the maximum bail of $2,500. 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 the grand jury had already sent them for trial in the Court of Special Sessions, in response to evidence presented by District Attorney Dodge as part of his investigation of the disorder, 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. -
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2020-03-11T21:10:35+00:00
Sam Jameson, Murray Samuels, and Claudio Viabolo arrested
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2023-11-09T05:55:08+00:00
Shortly after 6:45 PM, Patrolman Timothy Shannon and other officers arrested two nineteen-year-old white men, Sam Jameson and Murray Samuels, and Claudio Viabolo, a thirty-nine-year-old Black man, who were picketing in front of Kress’ store at 256 West 125th Street. The three men had arrived a few minutes earlier, likely from 262 Lenox Avenue, the offices of the organization to which they belonged, the Young Liberators. The placards they carried read “Kress Brutally Beats and Seriously Injures Negro Child and Negro Women. Negro and White Don’t Buy Here” and “Kress Brutally Beats Negro Child.” An officer “told or asked [the men] to stop marching in front of Kress'," Patrolman Moran told a public hearing of the MCCH and when they did not leave “after about five minutes," police arrested them for unlawful assembly. Jackson Smith, the store manager, watched the arrest from inside the store. “The police took the placards and pushed the people carrying them into the vestibule,” he told a later public hearing. Around thirty minutes earlier, Patrolman Shannon had arrested another man in front of the store, twenty-year-old white man, Daniel Miller, pulling him down from a stepladder when he tried to speak to a crowd. A few minutes later, around 6:30 PM, other officers, including Patrolman Irwin Young, arrested a second white man, Harry Gordon, when tried to speak to the crowd by climbing a lamppost on 125th Street east of Kress’ store.
The testimony of Moran and Smith in the public hearings provided the only details of the arrests of Jameson, Samuels, and Viabolo. The men themselves did not testify. Patrolman Shannon did testify, but was not asked about any of the arrests he made. Newspaper stories on the arrests grouped the men with Miller, and in some cases, Gordon, reflecting information from police that they had acted together to create the disorder. Two Hearst newspapers, the New York American and New York Evening Journal, published stories that described the arrest, but they included details that testimony in the public hearings indicate did not happen: Jameson and Samuels arrived with Miller and Gordon, not after them, in the newspaper narrative, picketed before Miller spoke, and with Harry Gordon came to Miller’s aid when he was arrested, battling Shannon and two other patrolmen before also being arrested. Viabolo was not on the picket line in those stories, but in the New York American was a member of the crowd who joined in efforts to prevent Miller’s arrest. Although the newspapers said their information came from police, the elements that did not happen seem to be a product of the anti-Communist stance and sensational style of the Hearst newspapers. The New York Times and, somewhat surprisingly, the Daily Worker, also published narratives in which the men picketed before Miller spoke, but without details of their arrest. The New York Times simply reported that the arrest of Jameson, Samuels, and Viabolo, and Miller, came “later,” after Miller spoke. The Daily Worker did not report specific arrests, but rather that “police broke up the picket line, arresting the leaders.”
Jameson, Samuels, and Viabolo all appeared in the lists of those arrested during the disorder published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, the New York Evening Journal, the Daily News, the New York American, and the New York Herald Tribune, among those charged with inciting a riot. However, the white men, Jameson and Samuels, as well as Miller and Gordon, are not in the transcription of the 28th Precinct police blotter in the MCCH records. Viabolo did appear, with Margaret Mitchell, the Black woman arrested inside Kress' store. That discrepancy suggests that the white men were omitted from the transcription, perhaps overlooked because they were somehow less readily identified as participants in the disorder among others arrested for unrelated activities at that time. It may be that the charges against those men were not recorded as riot. The charge against Viabolo in the blotter is disorderly conduct, with the note that he was “Disorderly in Kress’ 5 & 10c store,” the same description recorded for Margaret Mitchell.
In a line-up on the morning of March 20 that included ninety-six of those arrested disorder, police put Jameson, Samuels and Viabolo in a group with Miller and Gordon, a New York Herald Tribune story noted. Police described the men as all "arrested at a demonstration in front of the Kress store." That grouping was not mentioned in the two other newspaper stories about the line-up, in the Daily Mirror and New York Sun. An unnamed Black man, presumably Viabolo, was quoted in the New York Sun “giving his version of the start of the trouble:” "We were picketing in front of the store. I heard that a child had been killed inside. I thought it ought to be called to the attention of the public, about the child being killed.” The man then told the officer questioning him that he “and his companions took turns on a soap box “informing the public.”” That last detail was not part of any other description of the picketing. The two other newspaper stories on the line-up did not include Viabolo’s comments, but focused, as the New York Sun did, on Harry Gordon’s exchange with police, in which he refused to answer questions until he saw his lawyer.
The Daily News, New York American, and New York Evening Journal published photographs taken a few seconds apart that are captioned as showing the four white men arrested outside Kress’ store in the West 123rd Street police station on their way to the Harlem Magistrates Court on March 20. Surrounded on three sides by both uniformed police and detectives in plainclothes, three white men are visible, with another white man party visible behind them, all but the first, identified as Harry Gordon, looking at the ground. On the right of the image is a Black man, almost certainly Viabolo, as police had grouped him with these men in the line-up earlier that day, and would again in the courthouse. He is unmentioned in the captions, and, perhaps as a result, cropped out of versions of the photograph published by several regional newspapers. Reflecting its anti-communist focus, the New York Evening Journal placed the photograph on page one, across the whole width of the page, with a caption labeling the men “young college-bred Communists.” The next page featured photographs of two placards used in the picket, and the leaflets circulated by both the Young Liberators and the Communist Party. The Daily News photograph, taken at almost the same moment, appeared in the center of a two page spread of photographs of the disorder in the center of the newspaper. The caption did not identify the men as Communists but as inciting the riot, focusing on drawing a contrast between their uninjured appearances and the damage done during the disorder. (Gordon later testified he had been beaten and had injuries to his face; he may be the man whose face was not visible in that photograph, notwithstanding the caption.)
Police continued to group Jameson, Samuels, and Viabolo with Miller and Gordon when they appeared in Harlem Magistrates Court. In stories on the court appearances, the New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used. However, while the Daily News, New York Herald Tribune, New York World-Telegram, and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being arraigned separately from the three Young Liberators and Miller. That separation would have resulted from the different arresting officer listed in the Harlem Magistrates Court docket book for Gordon, Patrolman Irwin Young, not Patrolman Shannon, the arresting officer recorded for the four other men. The charge recorded for Gordon was also different, assaulting Young, not inciting riot. The Daily News claimed Gordon "was heard separately when he indicated that he would produce his own lawyers."
When the court clerk called the names of Jameson, Samuels, Viabolo, and Miller, two lawyers from the International Labor Defense Fund rose to represent them. The appearance of those attorneys was reported by the New York American, Daily Mirror, Home News, Daily News, New York Herald Tribune, New York Times, New York World-Telegram, and Daily Worker, but for some reason they were not recorded in the column for the name and address of a defendant's lawyer in the Harlem Magistrates Court docket book. The ILD's affiliation with the Communist Party would have been well known to readers of those newspapers, but the Daily Mirror explicitly made the connection in its story, stating that the men's "Communistic affiliations were declared" by the identity of their attorneys. The Daily Mirror and Daily Worker named the lawyers as Miss Yetta M. Aronsky and I[sidore] Englander, while the Daily News named only Aronsky, and the New York American, New York Herald Tribune, and New York Times reported only "a woman lawyer" who would not give her name to their reporters. (Englander later testified about being present in the court in a public hearing of the MCCH.)
Assistant District Attorney Richard E. Carey, the Black attorney Magistrate Renaud had requested prosecute those arrested in the disorder, according to the Daily News, asked that the men be held for a hearing on Friday on the maximum bail of $2,500. The men's lawyers protested that sum. Others arrested during the disorder charged with felonies had their bail set at $1,000, including Harry Gordon. Magistrate Renaud dismissed those protests, and complaints by Aronsky, reported by the Daily News and Daily Worker, that the men "had not been fed by police following their arrest."
When Jameson, Samuels, and Viabolo returned to the Harlem Magistrates Court with Miller, Magistrate Ford dismissed the charges against the group because their cases had already been decided by Dodge's grand jury. The Magistrates Court docket book recorded the deposition of the men's cases as "Dism[issed], def[endant] indicted." Stories in the Home News, Daily Mirror, and New York Amsterdam News also reported that they had been indicted by the grand jury. However, while the grand jury did send the men for trial, it was for a misdemeanor, not a felony, so an information, not an indictment, and to the Court of Special Sessions, not the Court of General Sessions. Other newspaper stories included elements of that distinction. The New York American reported that after being discharged, the men were "turned over to detectives with bench warrants based on the grand jury informations voted last week charging inciting to riot." The New York Herald Tribune also reported "two informations charging five persons with inciting riot" without naming them; so too did the Daily News, which alone specified that an information charged a misdemeanor and that the men were sent for trial in the Court of Special Sessions. The grand jury also sent all the other individuals charged with inciting a riot that appeared before it to the Court of Special Sessions to face trial for misdemeanors. If the men were being prosecuted for the form of the crime defined as a misdemeanor, unlawful assembly, their crime was being treated as involving disturbing the peace, not efforts to prevent the enforcement of the law or incite force or violence.
As other prosecutions resulting from the riot made their way through the courts there were no reports mentioning Jamison, Samuels, and Viabolo, or Miller. Finally, on June 20, the four men appeared in the Court of Special Sessions. The New York Amsterdam News reported an additional defendant, a "young sympathizer," Dave Mencher, not mentioned in any other sources, or in the Daily Worker story, the only other report of this trial located. Only one prosecution witness testified before the court's three judges, Sergeant Bauer of the West 123rd Street station (likely the sergeant who testified at the public hearings that he was involved in the arrest, although his name was recorded as Bowe in the transcript). It is not clear why Patrolman Timothy Shannon, the arresting officer, did not appear as a witness. International Labor Defense lawyers again represented the men, but not the same attorneys as the day after the disorder. Instead, Joseph Tauber and Edward Kuntz, who played prominent roles in the MCCH public hearings, represented the men. After cross-examining Bauer to establish that a crowd had collected in front of Kress' prior to the men arriving, they moved to have the charges dismissed. The judges agreed, and freed Jameson, Samuels, and Viabolo, as well as Miller.
Claudio Viabolo lived in Harlem, at 202 West 132nd Street; the two white men did not. Sam Jameson lived at 967 East 178th Street in Washington Heights, north of the Black neighborhood, although when a reporter from the New York Evening Journal went to the address, the tenants denied knowing him. Murray Samuels lived at 8621 Twentieth Avenue, Brooklyn. However, he was not a student at City College, as the New York Evening Journal reported on March 21. A week later the New York Evening Journal acknowledged that the Murray Samuels a reporter had identified as attending evening classes was not the man arrested during the disorder, in a story headlined, "Far From Red, and Riot! Says C. C. N. Y. Man."
Claudio Viabolo’s name was spelled in a variety of ways in these sources. Viabolo is used here as it was recorded in the Harlem Magistrates Court docket book, and in stories about his appearances in the Harlem Magistrates Court published in the Afro-American, Daily News, New York Post, New York Herald Tribune, Home News, New York Sun, New York Times, New York American, and New York Age. The name was spelled Diabolo in the list of those arrested in the disorder published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and stories in New York World-Telegram and New York Evening Journal. In the edition the New York Age rushed to print on March 23, the name was Bilo. In the Daily Worker on March 21, the name was Viano. Sam Jameson's name was also misspelled, but was not corrected over time as Viabolo's name was. Jameson is used here as it was recorded in the Harlem Magistrates Court docket book, and in stories published in New York Evening Journal, New York Times, New York Post, New York Herald Tribune, and stories about court appearances published in the Home News and New York Sun. The name was spelled Jamieson in the Daily News, Atlanta World, Norfolk Journal and Guide, and New York American.
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1
2020-02-24T22:38:05+00:00
Two men speak to a crowd & Patrolman Irwin Young assaulted
92
plain
2023-12-15T04:23:43+00:00
Harry Gordon, a twenty-year-old white man in his senior year at City College, was walking along West 125th Street between 7th and 8th Avenues about 6:00 PM, he told a public hearing of the MCCH, when he noticed groups of “excited” people “milling around the street.” While Gordon claimed to have been simply passing by, it seems likely he was one of the Communist Party members who came to Kress’ store in response to rumors a boy had been attacked. He did identify himself at the hearing as a member of the New York Students League, a Communist-led organization. Gordon gave his address as 699 Prospect Avenue in the Bronx.
Gordon testified that he asked several people on the street what was happening, but he “couldn’t get anything at all from them.” He then saw a Black man, James Parton, set up a ladder in front of Kress' store and briefly speak to the crowd before Daniel Miller stepped up to speak. A window then smashed and police officers immediately seized Miller. Other officers chased Gordon and other people who had been listening to Miller across West 125th Street to the opposite sidewalk and then pushed them away from the store, east toward 7th Avenue. About 300 feet from Kress’ store, Gordon estimated, Parton climbed a lamppost and again spoke to those on the street, saying “that a boy had been killed and that a crowd should gather in protest,” according to Gordon’s testimony. Then he climbed the lamppost, intending, he told a public hearing, “to get a committee from the crowd” “to go to the police to find out if a child was killed.” He was only able to say “Friends” before Patrolman Irwin Young pulled him down from the lamppost. Gordon’s alleged assault on Young came when he “grabbed Patrolman Irwin Young’s nightstick and used it to hit the officer,” according to a story in the New York Times. That story was the only source that mentioned the nature of the assault in reporting Gordon’s second appearance in the Magistrates Court. After arresting Gordon, Young and other officers dragged him to a police radio car and drove him to the police station on West 123rd Street.
Lists of the injured variously described the injuries Young suffered as “cuts on hands,” in the Daily News and New York Evening Journal, “lacerations of right hand” in the New York Herald Tribune, and "bruised on the hand" in the New York American. No version represented a sufficient injury to constitute a felony assault, which was the charge police initially made against Gordon. The New York Herald Tribune reported Young received medical treatment at the scene, but when Gordon’s lawyer cross-examined him in the Harlem Magistrates Court, Young testified that he did not go to a doctor or the hospital, Gordon told the public hearing. Young did not appear in the hospital records, as the other police officers injured around this time did, confirmation of those statements. Moreover, Young was back on the streets by 10:10 PM, when he arrested Leroy Gillard at 200 West 128th Street, allegedly for looting. He was the first police officer allegedly assaulted in the disorder; five others would be assaulted around 125th Street before 10:30 PM, after which time the crowds had moved to other parts of the neighborhood.
Gordon denied he assaulted Young. He was grabbed from behind, he testified in a public hearing of the MCCH, and then “a rain of blows descended on me such that I have never experienced before" against which he could do nothing. Louise Thompson, part of the crowd on 125th Street, offered a more detailed account, although as a member of the Communist Party, she was not an entirely disinterested observer. She described to a public hearing of the MCCH how “a cop kicked him, another knocked him over the head with his billy and another slapped him in the face and punched him in the ribs.” Thompson more clearly stated that Gordon did not assault Young when interviewed earlier by a reporter for the Daily Worker for a story published on the same day she testified in the public hearing: "I was standing a few feet from Harry Gordon when he was arrested. He did not strike any policeman. He did nothing.” In the same story in the Daily Worker, Gordon denied committing assault, implying that Young made the charge to justify his violence: “I did not strike any policeman. He struck me over the head with his club before I even saw him. He said, 'So you'll hit a cop, will you?' as he struck me.”
As was the case with events inside Kress’ store, testimony in the public hearings of the MCCH provided the most detailed evidence of the events outside the store in the early evening of March 19. Louise Thompson testified on March 30 and Harry Gordon on May 4. (Thompson only mentioned the first speaker, Miller, in her article in New Masses.) The MCCH subcommittee report and final report both describe a second person trying to speak in front of Kress who was arrested, without naming that person, but make no mention of his alleged assault on a police officer. More striking, Inspector Di Martini’s report names Gordon without mentioning an alleged assault on one of his officers. That report has no reference to Daniel Miller, presenting Gordon as the only person to speak in front of the store: “At about 7PM, one Harry Gordon, #699 Prospect Avenue arrived in front of Kress’ Store with a number of others carrying placards and made a speech to a group which was attracted and incited a number of colored persons to break windows of the store. He was immediately arrested by Ptl. Young #3203, 32nd Precinct.”
No newspaper stories explicitly reported the narrative in the MCCH hearings and reports, as they truncated events outside the store and presented Gordon, Daniel Miller, and the three Young Liberators who picketed the store as a single group arriving and acting together. Only some described Gordon as speaking, and only three of the initial stories about the disorder describe him as assaulting Young, in different circumstances that were both unlike what was described in the MCCH public hearings. Even later stories about Gordon’s first appearance in the Harlem Magistrates Court do not all mention the assault charge, and several describe him as picketing Kress’ store, not trying to speak to the crowd. When Gordon testified in a public hearing of the MCCH, newspaper stories described him speaking, and being arrested by Young, but omitted the context he provided for those events as coming after Miller had tried to speak and been arrested.
Only some newspapers described Gordon as speaking in front of the store. The New York Age accurately captured the event, if not its context: “Harry Gordon, white Communist, was arrested when Patrolman Young of the 123rd Street police station found him addressing a group. He was taken to the station house charged with inciting a riot.” The New York Post more briefly described Gordon, Miller, and the two other white men as having been arrested for “haranguing crowds, urging them to fight.” The Daily Mirror identified Gordon as a speaker, describing him as “a 'Red' orator,” but with no details of circumstances of his speaking or arrest. The New York World-Telegram included Gordon in a group obliquely described as being arrested for being “Communist agitators.”
Only three of the initial stories about the disorder described Gordon assaulting Young, in different circumstances that were unlike what was described in the MCCH public hearings. Gordon came to Miller’s aid when he was arrested, joined by the three Young Liberators, and battled Patrolman Shannon and two other officers before also being arrested, according to the New York American and New York Evening Journal. That story also mistakenly had Gordon picketing the store. The New York Times relocated the encounter between Gordon and Young to the rear of Kress’ store on West 124th Street. In the struggle between police and a crowd that took place there, the story reported, Young “was cut on the right hand by a rock” thrown by Gordon. That clash occurred around thirty minutes after Gordon was arrested, and involved officers other than Young being injured.
Later stories about Gordon’s first appearance in the Harlem Magistrates Court did not all mention the assault charge, and several described him as picketing Kress’ store, not trying to speak to the crowd. Gordon was described as charged with assault in the New York Sun, in a story about a line-up of those arrested, and in the New York American and New York Amsterdam News, which had him picketing the store. Four other papers did not mention the assault charge: the Daily Mirror described Gordon and the others grouped with him as “curb-stone orators who had deliberately incited the 125th St. mobs;” in the Home News, the charge was inciting a riot, for “making a speech in front of Kress’ store;” in the Daily News it was an unspecified “separate charge” from that made against the other men, which was inciting riot; and in the New York Evening Journal Gordon and three others were charged with “circulating false placards to the effect that a Negro boy had been beaten to death.” Gordon’s subsequent appearances in the Harlem Magistrates courts were generally not reported. Only the New York World-Telegram, Home News, and New York American mentioned his appearance on March 25, with no details of his alleged offense. The New York Times story of Gordon’s appearance on May 27 provided the only details of the assault, that he “grabbed Patrolman Irwin Young’s nightstick and used it to hit the officer.” The New York Herald Tribune story on the same hearing not only made no mention of those details, but omitted the assault entirely and instead made Gordon only indirectly responsible for Young’s injuries: his speech telling the crowd “that a Negro boy had been killed in the store… so excited the neighborhood that Patrolman Irving Young, of the West 123d Street station, and several others were hurt in the ensuing riot.”
Stories about Gordon’s testimony in the MCCH public hearing on May 4 published in the New York Times, New York Age, and Associated Negro Press described him speaking, and being arrested by Young, but omitted the context he provided for those events as coming after Miller had tried to speak and been arrested. The New York American and Afro-American had an even narrower focus, mentioning only that Gordon alleged he had been beaten by police, with no description of the circumstances of his arrest. The only story about Gordon’s allegation published before the hearing was in the Daily Worker on March 30, reflecting his association with the Communist Party. Reporters for the New York Evening Journal had been unable to locate him. When the Daily Worker’s journalist spoke to Gordon, “his left eye [was] still black from the police beating more than a week ago.” However, in a Daily News photograph published on March 20 captioned as showing Gordon and the other men grouped with him by police, none of the men have visible injuries. As there are only three men, the image may be of the Miller and the Young Liberators without Gordon, perhaps around the time he was arraigned separately.
Harry Gordon did not appear in the MCCH's transcription of the 28th Precinct police blotter; Claudio Viabolo, the Black Young Liberator, is the only one of the five speakers and picketers in that record. Gordon appeared in the Harlem Magistrates Court on March 20, shortly after the other white men arrested at the start of the disorder. Magistrate Renaud remanded him to reappear on March 25, and then again on March 27. While Miller and the three Young Liberators that police grouped with Gordon as the instigators of the riot were sent by the grand jury to the Court of Special Sessions, the ADA reduced the charge against Gordon to misdemeanor assault in the Magistrates Court, with his ILD lawyers claiming credit in the public hearing of the MCCH, as they had elicited testimony from Young that he had not needed medical treatment for his injury. Magistrate Renaud then transferred Gordon to the Court of Special Sessions. For some reason, the trial did not take place until November, when the judges convicted him.
In the narratives of historians Mark Naison, Cheryl Greenberg, Marilynn Johnson, Lorrin Thomas, and Nicole Watson, Gordon and Miller are grouped together as “speakers” pulled down by police. Historian Thomas Kessner named Miller in his narrative as the only speaker in front of the store. None of those historians mention Gordon's alleged assault of Young. They all follow the narrative provided by police that presents the speakers as part of a single group protesting in front of Kress’ store, stepping up to speak to the crowd after picketing of the store had begun. That framing implicitly introduces the idea that the disorder was orchestrated by those men, while offering no details of how the crowds of women and men around them acted to weigh against that evidence. Weight is added to that implication by the failure to fully identify the men involved in the protests. While Greenberg and Thomas do not identify the men, Naison, Kessner, Johnson, and Watson describe them as members of the Young Liberators. None of those historians mention that four of the five, and both the speakers arrested, were white men. Naison did describe the Young Liberators as an interracial group; so too did Watson, however she did not identify the men in front of the store as members of the Young Liberators. Neglecting their race makes those men appear more representative of the crowd than they were, particularly in Greenberg and Watson’s narratives, which do not identify them as Young Liberators. Naison, Kessner, Greenberg, Thomas, Johnson, and Watson all follow the chronology that has the picketing begin before the speakers were arrested. Grouping the men places an organized Communist protest at the center of the outbreak of disorder, and makes the window being broken and the men’s arrest a response to the feeling they built in the crowd. Recognizing that the protests occurred in a less coordinated way highlights that police responded immediately to any sign of protest, not just to a window being broken. They may also have acted so quickly because they recognized the men as Communists; the men’s language and appeals would have given them away. Communist protest in Harlem, and across the city, drew violent responses from police in the months prior to the disorder. Recognition of the fragmented nature of the protests and the identity of those involved directs attention away from those events to the crowds of Black men and women around them. Crowd members gathered in groups, talked amongst themselves, sought answers from police about what had happened to the boy, and responded to police efforts to clear the street. Rather than organized or orchestrated by the Young Liberators, those behaviors appear more spontaneous, in line with the interpretation offered in the MCCH’s final report. -
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.
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1
2022-02-04T19:41:26+00:00
Daniel Miller arrested
85
plain
2024-01-19T02:03:38+00:00
Daniel Miller stepped up on a ladder in front of Kress' store about 6:15 PM and began to speak to a crowd he estimated at 100-200 people. The twenty-four-year-old white man who identified himself as a member of the Nurses and Hospital League had said only "Fellow workers" when someone in the crowd threw an object at the windows of the store, breaking one. Patrolman Timothy Shannon of the 28th Precinct, one of about five officers stationed in front of Kress' store, immediately pulled Miller from the ladder and arrested him. Sergeant Bowe testified in a public hearing of the MCCH that he was a "witness" to that arrest. James Parton, the Black man who had carried the ladder, and an American flag banner, to the front of the store and spoke briefly before Miller, was not arrested. Nor was Parton arrested when he climbed a lamppost on the opposite side of 125th Street and spoke to the crowd. However, Harry Gordon, a white man who followed Parton in climbing up the lamppost to speak, was, like Miller, immediately arrested.
Miller's testimony in a public hearing of the MCCH provided the most detailed description of his arrest. Patrolman Shannon also testified in an earlier public hearing, but he was not questioned about the arrest. Louise Thompson testified that she saw Miller begin to speak and the window broken. She did not see his arrest. Patrolman Moran did. Officers stationed with him in front of the store moved to arrest Miller and disperse the crowd listening to him as soon as the window was broken, he told a hearing of the MCCH. Two Hearst newspapers, the New York American and New York Evening Journal, published stories that described the arrest, but they included details that other sources indicate did not happen: Shannon arresting Miller after he refused an order to move on, with no mention of the widely reported broken window; and two white Young Liberators and Harry Gordon coming to Miller’s aid when he was arrested, and battling Shannon and two other patrolmen before also being arrested. Although the newspapers said their information came from police, these elements that did not happen seem to be a product of the anti-Communist stance and sensational style of the Hearst newspapers.
The lists of those arrested during the disorder published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, the New York Evening Journal, the Daily News, the New York American, and the New York Herald Tribune all included Miller among those charged with inciting a riot. However, Miller, and the three other white men arrested in front of Kress' store, are not in the transcript of the 28th Precinct police blotter in the MCCH records. Margaret Mitchell, the Black woman arrested inside Kress' store before Miller's arrest, and Claudio Viabolo, the Black Young Liberator arrested with two white companions soon after Miller, do appear in the transcription. That discrepancy suggests that the white men were omitted from the transcription, perhaps overlooked because they were somehow less readily identified as participants in the disorder among others arrested for unrelated activities at that time.
Miller was among around eighty-nine men and women arrested put in a line-up and questioned by detectives in front of reporters at Police Headquarters downtown on the morning of March 20, before being loaded into patrol wagons and taken back uptown to the Harlem and Washington Heights Magistrates Courts. Police put him on the platform in a group with Gordon and the three Young Liberators, Samuels, Jamison and Viabolo, a New York Herald Tribune story noted; it reported that police described them as all "arrested at a demonstration in front of the Kress store." That grouping was not mentioned in the two other newspaper stories about the line-up, with the Daily Mirror and New York Sun, as well as the New York Herald Tribune focusing on Harry Gordon refusing to answer questions until he saw his lawyer.
The Daily News and New York Evening Journal published photographs taken a few seconds apart that are captioned as showing the four white men arrested outside Kress’ store in the West 123rd Street police station on their way to the Harlem Magistrates Court on March 20. Surrounded on three sides by both uniformed police and detectives in plainclothes, three white men are visible, with another white man party visible behind them, all but the first, identified in the caption as Harry Gordon, looking at the ground. Miller was the man on the right of the group, according to the captions. To his right is a Black man, almost certainly Viabolo, as police had grouped him with these men in the line-up earlier that day, and would again in the courthouse. He was not identified in the captions, and, perhaps as a result, cropped out of versions of the photograph published by several regional newspapers. Reflecting its anti-Communist focus, the New York Evening Journal placed the photograph on page one, across the whole width of the page, with a caption labeling the men “young college-bred Communists.” The next page featured photographs of two placards used in the picket, and the leaflets circulated by both the Young Liberators and the Communist Party. The Daily News photograph, taken at almost the same moment, appeared in the center of a two-page spread of photographs of the disorder in the center of the newspaper. The caption did not identify the men as Communists but as inciting the riot, focusing on drawing a contrast between their uninjured appearances and the damage done during the disorder. (Gordon later testified he had been beaten and had injuries to his face; he may be the man whose face was not visible in that photograph notwithstanding the caption.)
Police continued to group Miller with the other four men when they were appeared in Harlem Magistrates Court. In stories on the court appearances, the New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used. However, while the Daily News, New York Herald Tribune, New York World-Telegram and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being charged separately from Miller and the other three men. That separation would have resulted from the different arresting officer listed in the Harlem Magistrates Court docket book for Gordon, Patrolman Irwin Young, not Patrolman Shannon, the arresting officer recorded for the four other men. The charge recorded for Gordon was also different, assaulting Young, not inciting riot. The Daily News claimed Gordon "was heard separately when he indicated that he would produce his own lawyers."
In the Harlem Magistrates Court Miller was charged with inciting a riot, as were Jameson, Samuels and Viabolo. When their names were called, two lawyers from the International Labor Defense Fund rose to represent them. The appearance of those attorneys was reported by the New York American, Daily Mirror, Home News, Daily News, New York Herald Tribune, New York Times, New York World-Telegram and Daily Worker but for some reason they were not recorded in the column for the name and address of a defendant's lawyer in the Harlem Magistrates Court docket book (a section completed for Harry Gordon). The ILD's affiliation with the Communist Party would have been well-known to readers of those newspapers, but the Daily Mirror explicitly made the connection in its story, stating that the men's "Communistic affiliations were declared" by the identity of their attorneys. The Daily Mirror and Daily Worker named the lawyers as "Miss Yetta M. Aronsky and I[sidore] Englander," while Daily News named only Aronsky, and the New York American, New York Herald Tribune and New York Times reported only "a woman lawyer" who would not give her name to their reporters. (Englander later testified about being present in the court in a public hearing of the MCCH).
Assistant District Attorney Richard E. Carey, the Black attorney Magistrate Renaud had requested prosecute those arrested in the disorder, according to the Daily News, requested the men be held for a hearing on Friday on the maximum bail of $2500. The men's ILD lawyers protested that sum. Other arrested during the disorder charged with felonies had their bail set at $1000, including Harry Gordon. Magistrate Renaud dismissed those protests, and complaints by Aronsky, reported by the Daily News and Daily Worker that the men "had not been fed by police following their arrest."
When Miller returned to the Harlem Magistrates Court with the three Young Liberators, Magistrate Ford dismissed the charges against the group because the grand jury had indicted them in response to evidence presented by District Attorney Dodge as part of his investigation of the disorder. The Magistrates Court docket book records the deposition of the men's cases as "Dism[issed], def[endant] indicted." Stories in the Daily Mirror and New York Amsterdam News also reported they had been indicted by the grand jury. However, while the grand jury did send the men for trial, it was for a misdemeanor, not a felony, so an information that sent them to the Court of Special Sessions, not an indictment that would have sent them to the Court of General Sessions. Other stories included elements of that distinction. The New York American reported that after being discharged the men were "turned over to detectives with bench warrants based on the Grand Jury informations voted last week charging inciting to riot." The New York Herald Tribune also reported "two informations charging five persons with inciting riot" without naming them; so too did the Daily News, which alone specified that an information charged a misdemeanor and that the men were sent for trial in the Court of Special Sessions. The grand jury also sent all the other individuals charged with inciting a riot that appeared before it to the Court of Special Sessions to face trial for misdemeanors. Testifying in a public hearing of the MCCH, Miller said he was charged with unlawful assembly. That crime involving disturbing the peace, not efforts to prevent the enforcement of the law or incite force or violence.
As other prosecutions resulting from the riot made their way through the courts there were no reports mentioning Miller, or Jameson, Samuels and Viabolo. Finally, on June 20, the four men appeared in the Court of Special Sessions — the New York Amsterdam News reported an additional defendant, a "young sympathizer," Dave Mencher, not mentioned in any other sources or in the Daily Worker story, the only other report of this trial located. Only one prosecution witness testified before the court's three judges, Sergeant Bauer of the West 123rd Street station (likely the sergeant who testified at the public hearings that he was involved in the arrest, although his name was recorded as Bowe in the transcript). It is not clear why Patrolman Timothy Shannon, the arresting officer, did not appear as a witness. International Labor Defence lawyers again represented the men, but not the same attorneys as on the day after the disorder. Instead, Joseph Tauber and Edward Kuntz, who played prominent roles in the MCCH public hearings, represented the men. After cross-examining Bauer to establish that a crowd had collected in front of Kress' store prior to the men arriving, the attorneys moved to have the charges of inciting a riot dismissed. The judges agreed, and freed Miller and the three other men.
Miller's home address is recorded in the Harlem Magistrates Court docket book as 1280 South Boulevard in the Bronx. That address is also published by the Daily Mirror, Brooklyn Daily Eagle, New York American, New York Times, and New York Age. However, the New York Evening Journal reported that address did not exist. A different address was published in the New York Herald Tribune, Home News, New York American, and New York Amsterdam News: 35 Morningside Avenue, between West 117th and 118th Streets, two blocks west of 8th Avenue. That address fits the information he gave in the MCCH public hearing. All those newspaper stories are reports of Miller's appearance in court, suggesting that the Morningside Avenue address was mentioned at that time even if it was not recorded in the docket book. Miller's organization, the Nurses and Hospital League, had an office downtown at 799 Broadway, identified in the New York Post, New York American, and Daily Worker as raided by police investigating the disorder that was outside Harlem.
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1
2022-07-14T17:02:48+00:00
Police find Lino Rivera
70
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2024-01-29T16:32:22+00:00
Sometime during the disorder, police tried to locate Lino Rivera so they could show that he had not been killed or beaten. Chief Inspector Seely ordered the boy be located, according to the New York Times, which indicated that those efforts started after 9:00 PM when senior officers took charge of the police response. However, the Daily News, New York Herald Tribune, Home News, New York Times, Times Union, and Afro-American newspapers simply reported that police searched for Rivera throughout the night. They were unable to find him because the home address they had was incorrect: 272 Morningside Avenue rather than 272 Manhattan Avenue. (The New York Age story written early in the disorder included the incorrect address.) The Daily News reported that “the mistake was made” when Eldridge gave the address to an officer at the West 123rd Street station over the telephone — not that he had misrecorded the address as the New York Herald Tribune reported or that Rivera had given a false address as the Home News reported. According to Louise Thompson, a group of women who had tried to locate Rivera at the beginning of the disorder also had the wrong address, although one on the correct street: 410 Manhattan Avenue. Joe Taylor, the leader of the Young Liberators, also heard a rumor that Rivera lived at 410 Manhattan Avenue and went to investigate around 7:30 PM.
At 1:30 AM, Officer Eldridge was woken at his home on Whitlock Avenue in the Bronx by a telephone call telling him to report to the Chief Inspector at the West 123rd Street station, he told a hearing of the MCCH. The police officers who had been at the Kress store, Eldridge and Patrolman Donahue, had gone off duty at 4:00 PM. Until he was woken, Eldridge thought Rivera had been arrested and was unaware of what was happening in Harlem. He was able to go directly to Rivera’s home, arriving around 2:00 AM. He found him asleep, according to his testimony. The boy had not been there all night, as initially reported in the New York Evening Journal and New York Sun, but had gone out around 9:00 PM. Rivera had a cup of coffee and returned home after about twenty-five minutes because he "saw there was a lot of trouble around,” the New York World Telegram and Times Union reported. Rivera said Eldridge told him people thought he was dead, the New York World Telegram and New York Herald Tribune reported.
Eldridge took Rivera to the West 123rd Street station. Only the New York Sun described Rivera as “blubbering and frightened.” Rivera told a reporter for the New York World Telegram that he was at the station for about half an hour. During that time, police questioned him, he spoke with reporters and was photographed with Lt. Battle and Officer Eldridge. Newspaper stories that quoted his statements mentioned that he spoke to two different officers, Kear, according to the Daily News, and Captain Oliver, according to the New York Evening Journal and New York Sun. Battle told the MCCH that he asked Rivera “if he had been hurt by anyone and had he been arrested.” The New York Evening Journal, New York Post, New York Sun, and New York American published separate stories about Rivera’s statements. The Daily News, New York Herald Tribune, and Atlanta World appended his statements to larger stories on the disorder. Reporters also interviewed and photographed Rivera at his home later on March 20. The New York World Telegram, New York Herald Tribune, and La Prensa published separate stories based on those interviews, while the New York Times included Rivera in a larger story.
Inspector Di Martini took credit for having Battle appear in the images. “It was my idea to get Lieut. Battle to pose with the boy and get the picture into the streets as soon as possible,” he told a hearing of the MCCH. Battle said the reason Rivera posed with him was “for the moral effect.” Not made explicit in either statement was that having the boy photographed with a Black police officer added to the credibility of the image and cut across the racial divisions expressed in the disorder. “A lot” of pictures were taken, Rivera told a MCCH hearing, but only six different published images have been identified. An Associated Press photo that showed Battle seated with his arm around Rivera, who was standing, was published in the New York Times, New York Post, New York Herald Tribune, and New York Sun. Rivera was only 4 feet 8 inches tall according to the New York Herald Tribune, so that pose put the two on the same level. Their height difference was visible in an image of them standing in the same pose taken by an International Photo Agency photographer. That difference was further emphasized in the photograph of this pose published in the Daily Mirror in which Battle is looking down at Rivera. (The Daily Worker took offense at Battle having "his arm protectively around" Rivera as the "Harlem masses...know that Battles would kill a worker on the slightest excuse.") Photographs taken by the International Photo Agency and Daily News revealed that Eldridge was on the other side of Rivera in both poses. Eldridge did not have an arm around Rivera, as Battle did, so was detached from their grouping. A second Black officer added to message Di Martini wanted to send. However, Battle was in uniform and well known as the senior Black police officer in New York City, while Eldridge was in plainclothes, a suit and tie, and not a public figure. It was likely on that basis that some photographers and editors decided not to include Eldridge. An ANS photo showed Rivera and Battle standing surrounded by white reporters, looking at a camera to their left. Where the other photographs showed Rivera unharmed, in contradiction of the rumors circulating in Harlem, the ANS image presented him as telling his story. Rivera, dressed in a leather jacket, is smiling in all the photographs. Photographed at home later that day, Rivera wore a suit and tie because he said his mother suggested he “dress for the picture." In the image published in the New York Evening Journal, he shows a pensive expression rather than smiling. (The New York Times reporter who visited Rivera at home described him as "a dejected figure," "overwhelmed by the fact that his desire for a ten-cent knife had precipitated the riot and resultant bloodshed.")
If the primary purpose of finding Rivera was to show that he was alive and unharmed, his appearance at the police station also brought some consistency to reports about the identity of the boy who had been in Kress' store. Louise Thompson heard from the women she spoke to in Kress' store that a "colored boy" aged ten to twelve years had been beaten. The signs carried by the Young Liberators who picketed the store an hour or so later referred to a "Negro child" and the leaflets their organization distributed an hour later later described a "12 year old Negro boy." The first newspaper stories published appear to have relied on those rumors and leaflets in describing the boy; with neither Eldridge nor Donahue still on duty, police apparently did not have more precise information until Rivera was found. The New York American mentioned a "colored boy" and a "10-year-old Negro boy," the Daily News a 12-year old "colored boy," the New York Evening Journal a 15-year-old "Negro boy," the Daily Mirror a "little colored boy," the Home News a "young colored boy," and the New York Sun a "Negro boy." Early stories in some Black newspapers featured similar descriptions, a "small Negro boy" in the Norfolk Journal and Guide and a 10-year-old "colored boy" in the Indianapolis Recorder on March 23. Other stories in Black newspapers simply referred to the boy's age not his race: a 16 year old boy in the Atlanta World on March 21, a 12-year-old boy in the New York Age, a 14-year-old boy in the Chicago Defender, and a 16 year old boy in the Afro-American and Pittsburgh Courier on March 23. Newspapers published on March 20 after police found Rivera identified him as a 16-year-old Puerto Rican, in the New York Post and New York World-Telegram, or a "Puerto Rican youth" in the New York Herald Tribune and Times Union. The New York World-Telegram pointed to the differences between Rivera and the boy of the rumors by putting Negro in quotation marks when reporting the rumors and the text of the Young Liberators leaflet. By contrast, the New York Times referred to a 16-year-old "Negro boy" even after Rivera had been found, as did the New York Sun and New York Evening Journal. While the New York Times did eventually identify Rivera as Puerto Rican when he appeared in the Adolescents court after the disorder, the New York Evening Journal continued to describe Rivera as "Negro," while the New York Sun made no mention of his race. Those newspapers' persistent use of "Negro" may have been intended to convey that Rivera was dark-skinned; the New York American described him in those terms, as a "dark-skinned 16-year-old Porto Rican" in a story reporting an interview with the boy in his home, while the Brooklyn Daily Eagle described him as a "Negro born in Porto Rico." Editions of the other newspapers published after Rivera was found, including the Black newspapers, simply switched to identify him as Puerto Rican. (Historian Lorrin Thomas argued that the New York Amsterdam News "failed to identify Rivera as Puerto Rican, referring to him instead as a 'young Negro boy,'" but did not provide a citation. The March 23 issue of that newspaper is missing the news sections, but the March 30 issue identified Rivera as a "16-year-old Puerto Rican youth.")
Police found Rivera too late for his appearance to impact the disorder, although it may have contributed to the violence not continuing the next evening. However, the delays in locating him fed rumors that he was not in fact the boy grabbed in Kress’ store. Reflecting questions raised in hearings, the MCCH report noted that, “The final dramatic attempt on the part of police to placate the populace by having the unharmed Lino Rivera photographed with the Negro police lieutenant Samuel Battle only furnished the basis for the rumor that Rivera, who was on probation for having placed a slug in a subway turnstile, was being used as a substitute to deceive people.” After members of the MCCH met with Mayor La Guardia soon after their appointment, on March 22, the New York Herald Tribune and New York Sun both reported that “some” of them said that many in Harlem did not believe that Lino Rivera was the boy who had been caught in the Kress store. (Stories about the meeting in the New York Times, New York Post, Brooklyn Daily Eagle, and Daily Worker included no mention of those comments.) An Afro-American journalist reported the rumors before the first hearing of the MCCH: “At the present time Harlem is divided into those who has been presented by the police as the boy in the case, is not the boy who was beaten in the store. They declare that Lino is being paid off to be the scapegoat and a camouflage....The AFRO reporter has run scores of tips about the boy who actually stole the knife, or a bag of jelly-beans, as it was first given out. Everything so far has run up a blind alley. One clue to the real boy is that all during the riot he was referred to as a 12-year-old boy, but became a 16-year-old one with the finding of Lino Riviera." The New York Age hinted at those rumors when it described Rivera as “believed to have been the cause of the whole affair.” Writing in The New Masses, Louise Thompson reported that a man and woman who had been in the store said Rivera was older and taller than the boy they saw. Other publications did not raise the issue. However, as the Afro-American journalist predicted, questions about Rivera were raised in a hearing of the MCCH. In the first hearing, Police Lieutenant Battle was asked, "Is there any evidence that would indicate that Rivera is not the boy? There has been such rumor." He simply answered, "No." L. F. Cole, a thirty-year-old Black clerk who had been in the Kress store, also testified that he had "no doubt" that Rivera was the boy he had seen taken away by police. The question was raised again at the third hearing on April 20. Mention that he had been on parole after being caught putting slugs in a subway turnstile prompted an interjection from "Mrs. Burrows": "My impression is that this boy is not the boy. We have testimony here that he got into trouble before March 19th, 1935. They had a boy under supervision. This is not the boy. They got a boy through these people and this is the boy they presented." Hays, chairing the hearing, pushed the ILD lawyers for evidence that another boy was beaten in the store. They had found none nor could they establish that Rivera had received lenient treatment. A month later, Jackson Smith, the store manager, confirmed in the subcommittee's final hearing that Rivera was the boy he saw from the office, with Donahue and again outside the grand jury room after the disorder. After listening to several questions trying to undermine the certainty of that identification, Hays announced "there is no question about it." Given the lack of evidence to the contrary, there is no reason to think Rivera was not person grabbed in the store. The shoppers who saw him in the store could have assumed he was younger, given his height. Similarly, seeing that he was dark-skinned, they could have assumed he was a Black rather than Puerto Rican.
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1
2020-02-25T18:06:03+00:00
August Miller killed
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2024-01-17T20:31:51+00:00
Around midnight, August Miller, a fifty-six-year-old white handyman, suffered a head injury in the midst of a crowd at 126th Street and Lenox Avenue. A cab driver took him to the Joint Disease Hospital, according to the police complaint report. It was 12:30 AM when Dr. Millbank attended Miller, so likely around midnight when he collapsed in the crowd. Millbank diagnosed him as suffering a possible skull fracture "received in some unknown manner during disorder," according to hospital records, and admitted him for treatment. However, after Miller died on March 22, the medical examiner conducted an autopsy which he reported showed that the cause of death was a cerebral hemorrhage, “a natural cause, nothing suspicious.”
Miller appeared in three of the seven newspaper lists of the injured published on March 20, those in the New York Evening Journal, New York Post, and New York American, among those the New York Herald Tribune reported still in hospital on March 21, and among those listed as injured in the Atlanta World on March 27. His death was widely reported on March 23, in some cases with information on how he had been killed. The most direct explanations came in stories published in the New York Herald Tribune, New York Evening Journal, and Times Union, and in the Associated Press story, which reported Miller had been "beaten by rioters." The Home News offered the additional detail that Miller was "struck by several bricks, knocked down and kicked around by the mob." The New York Times and New York Sun did not attribute Miller's death to anyone, only going as far as saying Miller was "in the midst of rioters" when injured, while the Brooklyn Daily Eagle even more obliquely said his death came "during the height of the disorders." The New York Post implied he had been assaulted in a different way. Noting where he had been injured, the story added that, "He was one of the half a dozen white men seriously hurt during the disturbance." Lists of those killed in the Daily News and stories in the New York Herald Tribune and in the Black newspapers the New York Age and New York Amsterdam News, as well as the lists of those killed published in the Afro-American and Norfolk Journal and Guide and Pittsburgh Courier simply listed Miller's injury, a fractured skull.
Miller himself never described what happened to him. It was the taxi driver who brought him to the hospital who provided the information on where he had collapsed to the nurse to whom he delivered Miller, according to the detective who investigated the case. Soon after Miller arrived in the hospital, he briefly regained consciousness. Patrolman Anthony Kaminsky, who had been called when the injured man was admitted, was able to question him. After asking his name, address and age, the officer told a hearing of the MCCH that he asked "how he received his injuries?" As Miller started to answer, he lost consciousness again. He died on March 22 without again regaining consciousness.
Detective John O'Brien was assigned to investigate Miller's injury at 2:00 AM; at the time he was in the midst of investigating the shooting of Lloyd Hobbs. He visited the location where Miller had been injured, questioning business owners, residents, and taxi drivers without finding witnesses to what had happened or locating the taxi driver who had brought him to the hospital. As a result, O'Brien was unable to establish the circumstances of Miller's injury. The detective also visited Miller's home, 1674 McCombs Road in the Bronx, and spoke with the superintendents of the building who employed him as a handyman. They had seen him there about midnight. There was also no information on why he traveled to Harlem, but he must have collapsed almost as soon as he arrived, likely by subway. His employers did report Miller had been “acting peculiar for some months previous.” His family were in Germany, so his employers identified the body. Confusingly, when O'Brien testified at a public hearing of the MCCH on April 20, he mentioned speaking to Miller's sister, who had seen him around 10:00 PM, a meeting not recorded in police records. When the medical examiner reported that he had not died as a result of a fractured skull or suspiciously, O'Brien closed his investigation on March 24.
The version of the case reported to Arthur Garfield Hays by Hyman Glickstein, the lawyer from his law firm working to gather evidence for the MCCH subcommittee on crime, gave the police a greater role that clearly raised their suspicions about the circumstances of Miller's injury: "According to police report [Miller] died of natural causes and was merely picked up by the police in a dead or dying condition." Once testimony in the public hearing put a taxi driver in the place of police in delivering the injured man to the hospital, little basis remained for holding them responsible for Miller's injuries. However, ILD lawyers who questioned Detective O'Brien when he testified about his investigation at a hearing of the MCCH remained unconvinced that Miller died of natural causes. Rather, they suggested he had been struck by police, and his injury had not been accurately reported to prevent officers from being charged. Eventually, Hays cut off their questioning of O'Brien, saying it had no basis unless somebody could "provide evidence how Miller came by his injuries."
Miller was included in lists of those killed in the disorder published on March 23 and 24, and in Black weekly newspapers on March 30, without mention of the autopsy. On March 31 the Home News also included him in its count of those killed in the disorder even while noting that Miller's death "was later found to have been due to heart disease, probably aggravated by exertion and excitement." The Daily News, New York American, Daily Mirror, Times Union, the Associated Press, Afro American, and Chicago Defender reported the death of Lloyd Hobbs on March 30 as the fourth death resulting from the disorder without specifying the other three individuals killed. None of those newspapers included Edward Laurie among those killed, so they also still included Miller after the autopsy, along with James Thompson and Andrew Lyons. So too did the New York Herald Tribune, which identified Hobbs as the fifth death resulting from the riot. (The Daily Worker initially reported Hobbs as the fourth death, on April 1, but a week later referred to him as the third death, while the New York Times reported his death without reference to how many others had been killed). -
1
2022-01-31T20:16:15+00:00
Crowd inside Kress 5, 10 & 25c store
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2024-01-19T01:39:32+00:00
After Patrolman Donahue released Lino Rivera and then himself left Kress’ store around 3:30 PM, groups of shoppers remained. They wanted to know what had happened to the boy and to see that he had not been harmed. Over the next two hours, the manager and several police officers unsuccessfully tried to reassure them and others who came into the store to investigate what was happening. During that time Clara Crowder, a twenty-year-old white clerk, fainted and was attended by an ambulance, and Margaret Mitchell, an eighteen-year-old Black woman, was arrested for disorderly conduct. Sometime around 5:00 PM or 5:30 PM, the manager decided to close the store, and police cleared out all those inside.
Events inside Kress 5, 10 & 25c store after Lino Rivera had been grabbed by store staff moved far more slowly than newspaper narratives portrayed. Whereas reporters strung together the specific incidents they identified into a tight sequence, testimony to the MCCH’s public hearings provided additional information that spread those events over almost two hours.
The Black women and a few men who remained in the store did not immediately start shouting and overturning displays, nor was Margaret Mitchell immediately arrested. They gathered in small groups of two or three. A few minutes after Donahue had released Rivera and left the store, Smith, the manager, as he told a public hearing of the MCCH, had become concerned about their presence and went to the shop floor to investigate. “Some women were going around saying a boy had been beaten, an ambulance had come and she knew it. I went to two groups trying to explain to them that nothing had happened to cause any excitement.” Having no success, Smith went out to 125th Street, where he found Patrolman Miller, a Black officer who had earlier called for the ambulance to treat Hurley and Urban, who he asked to “come in and see if he could not explain to those people.” The women “didn’t pay much attention” to Miller. By 4:00 PM, “the thing was getting to be worse,” Smith testified. That likely meant both that the number of people inside and outside that store was growing, and that, as Thompson later described happening inside the store, as they waited for proof the boy had not been harmed, “patience began to give way to indignation. Their voices rose.” Smith found additional police on 125th Street. Patrolman Timothy Shannon arrived in the store at 4:00 PM. By 4:20 PM he decided he needed to call for radio cars with additional police officers, who arrived within five minutes. Those officers had no more success than those before convincing the women and men in the store that Rivera had been let go, the message Hurley said they were delivering. Ten minutes later, Smith called the station and told them “the thing was beginning to get out of control and to do something.” Like the manager of the neighboring Woolworth's store, he clearly felt "under considerable tension" when a "commotion takes place with a [Black] customer." Sgt Bauer was sent. At some point Shannon claimed that he formed a committee of three shoppers, two men and one woman, whom he took to the basement to see that Rivera was not there, and then went with “from one crowd to another but they would not listen.” No other witness or source mentioned such a committee, and Shannon could not identify its members.
The situation had not improved after 4:30 PM, when Smith testified the number of people in the store had grown to around 100, and Sgt Bauer told him, “'I don’t know what we can do.' We didn’t want to start a riot. We didn’t want to excite them.” Smith decided that he needed to close the store and called the police station again and “pleaded for enough men to close the doors without causing trouble.” Around the same time, Louise Thompson, a Black Communist activist and journalist with many friends among the authors and artists of the Harlem Renaissance, entered the store. She had been shopping at the Woolworth’s store further along 125th Street when she saw groups of people gathered on the sidewalk. Asking around to find out what was going on, a man told her “something was going on in the store and that a boy was beaten,” she testified. Thompson then went into Kress’, which she would describe later in her autobiography as a store “where you have all of these small counters throughout the store,” and found “little clusters of people standing here and there in the store,” with “most of the girls behind the counter ... still in their places but no floor-walkers or officials were in evidence,” she wrote in a version of her testimony published in the New Masses. Approaching the largest group, standing by the candy counter, Thompson learned that they believed a boy had been beaten up by store staff, and that they intended to “stand here until they produce him.”
More police officers then arrived and went to the rear of the store, where Smith’s office was located, Thompson wrote. They were the additional officers that the manager had had requested. At this time, Smith told a public hearing, he closed the store doors. His testimony was that happened at 5:30 PM, but other evidence suggests that Smith might have been mistaken about the time. Around 5 PM, Clara Crowder, a twenty-year-old white clerk, fainted while “aiding another employee,” according to the records of the ambulance that attended her. That ambulance, the second sent to the store, arrived at 5:05 PM. Thompson testified that she was outside on West 125th Street when she saw it arrive, having been one of the last to leave the closed store. It seems likely that Crowder was behind a counter, and fainted during the struggles between the people in the store and police that began after a woman inside the store screamed and pots, pans and glasses were knocked off displays. Smith testified that damage happened as the door was closed. Thompson also described hearing the closing bell as part of the noise in the store in her article in New Masses.
Jackson Smith and Patrolman Timothy Shannon testified that a woman screamed and knocked merchandise off counters after the store was closed, but only Thompson described the circumstances that produced that noise. She did not see the woman who screamed, but was part of the crowd who rushed to where the noise came from, the rear of the store. Police there pushed those women and men back and refused to answer when women asked “if the boy was injured and where he is,” Thompson wrote in New Masses. The officers also “began to get rough.” A woman with an umbrella retaliated; she either hit an officer, according to Thompson’s testimony, or “knocked over a pile of pots and pans,” according to her article. Many of those in the store rushed to leave once the noise and struggles with police began, both Thompson and Smith testified. It is likely that it was around this time that police in the store arrested Margaret Mitchell, an eighteen-year-old Black woman, although none of those who testified about this period of time in the store mentioned the arrest. Police charged her with “throwing pans on floor and causing crowd to collect,” according to Inspector Di Martini’s report on the disorder. It was only once the store was closed that merchandise was knocked off displays, according to the testimony of those in the store.
A small number of people resisted leaving the store, “refusing to move until they got some information about the boy,” Thompson wrote. Gradually police officers pushed them too out of the store; Thompson was one of the last to leave, about half an hour after she entered. On the street at that time, she testified, were several hundred people, most “in front of the Apollo Theatre,” opposite Kress’ store across 125th Street. By the time Inspector Di Martini, in charge of the four precincts that made up the Sixth Division, arrived at 5:40 PM, to investigate the reports of disorder, the store was closed and only a few employees remained inside. He interviewed Jackson Smith and Charles Hurley, he testified. “After finding out that no assault had been committed and thinking that something might occur, I stationed Sergeant Bauer, two foot policeman, one mounted policeman in the rear to prevent a riot.” Di Martini then spent some time talking to groups of people gathered on West 125th Street, telling them Rivera had not been beaten. As he saw no “indications of further trouble,” the inspector testified that he left around 6:00 PM.
Newspaper narratives truncated the extended standoff between the Black women and men and store staff and police into a rapid sequence of events, eliding the role of Black residents’ distrust of a police force that routinely disregarded their rights and subjected them to violence in fueling the disorder. The New York American, New York Post, New York World-Telegram, Daily News, and Daily Mirror included none of the events in the store in their narratives of the disorder, jumping from Rivera being grabbed to the crowds outside Kress’ store. Those in the store, reported to be mostly Black women, began to damage displays immediately after Rivera had been taken to the basement in the narratives published in the Home News, New York Sun, New York Times, and La Prensa. The New York Times, New York Sun, and Time greatly inflated the size of that crowd, from 50 to 500 customers. The Home News reported they “started to wreck the store, pulling dishes off of the counters and, in some instances, tipping over tables on which merchandise was displayed,” the New York Times that they “went on the rampage, overturning counters, strewing merchandise on the floor and shouting,” La Prensa that “All the people of color who were in the store at the time began to throw all the articles that were on the tables to the floor and to shout in protest.” The New York Sun opted for the most sensational language, that they “had been galvanized into a frenzy of sabotage. Glass in the counters was shattered, tables overturned and merchandise torn and hurled about.” By contrast, the New York Evening Journal, New York Herald Tribune, and Daily Worker (on March 29) reported crowds jamming the store after rumors about a boy being beaten or killed circulated, demanding he be released (the Daily Worker had earlier reported, on March 21, the involvement of a member of the ILD, Reggie Thomas, in leading the women’s protest. He was not mentioned in subsequent stories, and did not testify in the MCCH public hearings, suggesting that he was not in fact present in the store.) Patrolman Shannon was identified by the New York Times and New York Sun as one of the police officers who investigated what was happening in the store, and summoned the reinforcements who cleared the store (Time identified him as "an Irish policeman;" the New York Evening Journal and New York American mentioned Shannon arresting Miller.) The Home News, New York Herald Tribune, and New York Evening Journal simply had police notified, then appearing and clearing the store.
The second ambulance that arrived at the store, to attend Clara Crowder, was mentioned only in the Daily News. That story somewhat vaguely claimed that the appearance of the ambulance inflamed rumors that Rivera had been killed. The New York Herald Tribune also mentioned Crowder was attended by an ambulance, but mistakenly identified it as the same one that had come to attend Hurley and Urban. That ambulance had returned to Harlem Hospital two hours earlier. Similarly, the Home News and La Prensa reported Margaret Mitchell as being arrested in Kress’ store, but identified her as having intervened when Rivera was grabbed. The Afro-American, New York Amsterdam News, and New York Evening Journal (and New York Times on March 24) reported Mitchell was arrested having run screaming into 125th Street immediately after Rivera had been grabbed. Only the New York Sun’s story allowed for Mitchell’s arrest to be later, as the store was being closed: “The woman whose cries that the boy had been murdered, rekindled the vandalism after the police had succeeded in quenching it earlier in the evening, is Margaret Mitchell, 18, of 283 West 150th street. Her cry was taken up and passed to the milling crowd outside the store.” The next day, in reporting Mitchell’s arraignment in the Harlem Magistrate’s Court, the Home News combined its description of her trying to intervene when Rivera was grabbed with the later events mentioned in Di Martini’s report. While reiterating that she “attempted to take the Rivera boy from the department store detectives and cried out that the guards were beating the youth,” the story added that after Rivera had been taken to the basement, she was “urging other colored people in the store to demand the release of the boy, started throwing merchandise to the floor and upset many of the counter displays.”
The historians who have described these events have not identified the leading role played by women in protests inside Kress’ store, even as the MCCH report noted that the shoppers in the store were women. Mark Naison, Thomas Kessner, and Marilynn Johnson summarized events in the store, adding details about merchandise being thrown on the floor from newspaper stories to the narrative in the MCCH report. Cheryl Greenberg simply described the crowd as having dispersed, discounting protests in the store. So too did Lorrin Thomas, who attributed that response to the arrest of a woman for “inciting the disturbance,” implicitly making that arrest occur soon after Rivera was released, not later when police cleared the store. (No other narratives mention that arrest). Naison identified those involved as "black shoppers," while Kessner identified two Black women as crying out, but not who else was in the crowd. The other historians simply referred to crowds. Jonathan Gill and Nicole Watson include no details of events inside the store in their descriptions of the events at the beginning of the disorder. That the shoppers in Kress' store were women is unsurprising given the gendered nature of consumption in the 1930s. However, the role of those women in the early stages of the disorder is more unexpected given historians' attention to men's role in initial outbreaks of violence. As Marilynn Johnson has pointed out, women's experiences in the racial disorders of the first half of the twentieth century extended beyond that looting with which they were associated in the 1960s to include not just being victims of violence but also protectors. Where Johnson's examples of women acting in that role were trying to protect family or loved ones from white violence, in 1935 Black women sought to protect a boy unrelated to them. While, as Johnson notes, those actions were within societal expectations of women's roles, they did represent a broader scope, echoing the extension of women's role in consumption to include the political act of picketing white businesses the previous year. In Kress' store, Black women once again stood up to white businessmen.
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1
2020-02-25T17:59:47+00:00
James Thompson killed & Detective Nicholas Campo shot
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2024-01-27T17:52:32+00:00
Around 5:30 AM James Thompson, a nineteen-year old Black man, was shot and killed by Detectives Nicholas Campo and Theodore Beckler.
The officers claimed that while driving on 8th Avenue they heard breaking glass in a damaged grocery store at 2364 8th Avenue near the southeast corner of West 127th Street. Police crime scene photographs of the store taken later showed that there were several large holes in the windows and no merchandise left in their displays. However, like many other businesses, the shelves inside the store were untouched. To get inside, Thompson smashed the glass in one of the entrance doors, making the noise that the detectives heard. Investigating, they entered the store, a branch of the A & P chain. Press reports offered a variety of different accounts of what happened next. The New York American, Home News, New York Herald Tribune, and New York Post reported a gun battle between the officers and Thompson, during which he was shot in the chest and Detective Campo in the hand. The New York Evening Journal sensationally reported an even larger gunfight in which "other rioters" returned the officer's shots. The New York World-Telegram reported a struggle between Thompson and Campo during which Thompson was shot; the officer then dropped his gun, causing it to go off and a bullet to hit his fingers. The New York Amsterdam News reported, several days later, that the officer’s gun went off accidentally, hitting Thompson.
The arrest report and police blotter made no mention of Thompson having a gun or struggling with the officers. Instead, as Campo and Beckler moved through the store, Thompson burst out of the rear storeroom and ran for entrance. He collided with Campo, causing the detective’s pistol to fire and the bullet to hit two fingers on his left hand. When Thompson got out on to the street, he ran across 8th Avenue toward his home at 301 West 127th Street. As the two detectives followed, they both shot at him; Campo fired twice, Beckler five times. Only one of those bullets hit Thompson, but it struck him in the chest, perforating his liver. One of the other shots hit Stanley Dondoro, a white man walking along the west side of 8th Avenue, in his left leg. A resident of Hoboken, New Jersey, Dondoro was likely on his way to work in one of Harlem’s businesses. The Home News and New York Post added the detail that a third bullet had passed through the trousers of a man with Dondoro without injuring him. Campo and Beckler caught up with Thompson in front of the building where he lived and arrested him. A note at the end of the hospital admission records indicated that Thompson died at Harlem Hospital at 9:30 AM, four hours after the shooting, a time of death that led to him being listed as the only fatality of the disorder in newspapers published on March 20. Campo appeared in lists of the injured published by the New York Evening Journal, New York Post, and New York American.
Police investigated the shooting after the disorder, according to the records gathered by the MCCH. A police blotter record of Captain Mulholland’s investigation identified the detectives as responsible for shooting Dondoro, specifying that Campo had shot twice at Thompson and his partner Detective Beckler had shot three times, as well as twice in the air, a warning to stop that was a common police practice. One of the bullets struck Thompson in the chest, killing him. The blotter also recorded Captain Mulholland’s conclusion that Campo sustained his injury “in proper performance of police duty and no negligence on the part of the aforesaid detective contributed thereto." Campo and Becker also appear not to have been disciplined or charged for killing Thompson. Asked in reference to the killing of Thompson and other Black men killed during the disorder in a hearing of the MCCH, “Has anyone been arrested, charged with using deadly weapons with which these men were killed?", Captain Rothengast replied, "Some of the detectives were exonerated."
Although the New York World-Telegram story reported Thompson as saying at the hospital that “he was hungry," “that others were stealing, anyway,” and that he was “long out of work,” there was no record of an admission in the report of the police investigation. James Tartar, an investigator for the MCCH, did interview Thompson’s aunt, Sarah Rhue, on April 20. She reported hearing from Thompson’s landlady that he had brought home canned goods during the disorder, with the implication that he had been looting prior to the shooting. However, she also reported that he worked at a barber’s shop, contradicting the statement that he was out of work in the admission reported in the New York World-Telegram.
The police records and newspaper for some reason all mistakenly identified the address of the grocery store as 2365 8th Avenue. However, a large bank building was at that address with no other businesses. The A & P grocery store was included in the MCCH business survey at 2364 8th Avenue and was visible in the Tax Department photograph of that address taken between 1939 and 1941. In addition, the NYPD crime scene photograph, taken soon enough after the shooting to show the damage to the store and debris still on the street, showed a distinctive raised stoop entrance to the upstairs apartments that was also visible in the Tax Department photograph of 2364 8th Avenue. -
1
2020-02-25T18:07:14+00:00
Andrew Lyons killed
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2024-01-12T00:05:49+00:00
Andrew Lyons, a thirty-seven-year-old Black man, died as a result of injuries "sustained during the thick of a melee at 125th Street and Seventh Avenue," according to a story in the New York Amsterdam News. Stories in two white newspapers reported the circumstances of Lyons' injury in similar, slightly more specific terms as the result of having been "beaten over the head with a blunt instrument," according to the Times Union. The New York Herald Tribune added that "rioters" had delivered the beating. However, the white newspapers located the assault a block to the east, at 125th Street and Lenox Avenue. None of the stories provided information on when Lyons was injured. Both the white newspapers incorrectly gave Lyons' home address as 210 Lenox Avenue. Only the New York Amsterdam News published the correct address, 147 West 117th Street.
There was no indication of the source of the information reported in the New York Amsterdam News, New York Herald Tribune, and Times Union. No evidence of the circumstances in which Lyons was injured was produced for the MCCH. One of Communist Party-affiliated lawyers who questioned Captain Rothengast during a MCCH hearing did claim that "Andrew Lyons died of injuries inflicted by clubs of the police." Rothengast replied, "I'd have to consult records to be exact." The MCCH had its investigators gather information on those killed during the disorder. In Lyons' case, the only material in their files were the death and autopsy records.
The medical records showed that Lyons did not receive medical attention until the evening after the disorder. An ambulance was called to his home, 147 West 117th Street, at 5:10 PM on March 20, by a friend, George Harris, according to the death record issued by Harlem Hospital. When Lyons arrived at the hospital, he was was described as "stuporous," too groggy to tell doctors what had happened to him. The doctor who completed the death record, Emanuel Hauer, wrote that Lyons was "said to have been hit on the head during riot on 3-19-35." He told a MCCH hearing that it was Harris who told him that Lyons "came home [on the night of March 19] stuporous" and had gone to bed. Harris also said he did not know what had happened to Lyons. The ambulance man's report, which Hauer read to the MCCH hearing, simply recorded that Lyons had been "Struck over the head" not that he had been hit during the disorder. Nor did the autopsy report completed on March 24. It recorded that Lyons had been "injured in some unknown manner." Lyons died three days after being admitted to hospital, on March 23rd; the recorded cause of death was a "fractured skull, laceration of the brain, terminal pneumonia." His brother James, a resident of Stem, North Carolina, identified his body on March 25, according to the autopsy. Although the autopsy also noted "Detectives investigating" the death, there were no avenues for investigation in the records. Likely as a result, Lyons' death appeared to have remained unexplained.
Given that their was no evidence of clashes between "rioters" and Black men on the streets during the disorder, the ILD lawyer who questioned Rothengast was likely correct that Lyons' injuries came from a police baton. The intersection of 125th Street and 7th Avenue saw the most sustained clashes between police and crowds on the street, so the beating probably occurred where it was reported by the New York Amsterdam News. Clashes between police and people on the street occurred there from 8:00 PM until around 10:30 PM. The Black newspaper also correctly reported Lyons' address, which the white newspapers that reported the alternative location did not.
Lyons' delayed admission to hospital explained why he was not in any lists of the injured published in newspapers on March 20 and March 21. The first mentions of Lyons in the press were reports of his death in the New York Post and Daily News on March 23, in the New York Herald Tribune, Times Union, New York Times, and an AP story on March 24, and in the Atlanta World on March 27. Lyons also appeared in lists of those killed published in the weekly Black newspapers, the New York Age, Pittsburgh Courier, Afro-American, and Norfolk Journal and Guide, as well as the New York Amsterdam News, on March 30. -
1
2022-02-13T21:48:02+00:00
Margaret Mitchell arrested
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2024-01-28T05:59:21+00:00
Officer Johnson of the 6th Division arrested Margaret Mitchell, an eighteen-year-old Black woman, inside Kress’ 5, 10 and 25c store, sometime around 5:00 PM on March 19. Police alleged that she was “throwing pans on floor and causing crowd to collect,” according to Inspector Di Martini’s report on the disorder. Pots and pans and glasses were knocked off counters and women screamed, after the store was closed and police tried to clear out those inside, Jackson Smith, the store manager, Patrolman Timothy Shannon, and Louise Thompson all testified. Only Thompson described the circumstances that produced that noise, most fully in an article in New Masses. After a woman she could not see screamed, Thompson joined part of the crowd who rushed to where the noise came from, the rear of the store. Police there pushed that crowd back and refused to answer when women asked “if the boy was injured and where he is,” Thompson wrote. The officers also “began to get rough.” A woman with an umbrella retaliated; she either hit an officer, according to Thompson’s testimony, or “knocked over a pile of pots and pans,” according to her article. Many of those in the store left once the noise and struggles with police began, both Thompson and Smith testified. Thompson remained with the woman she described knocking over pots and pans, who was not arrested, but she was clearly not the only person who knocked over merchandise in efforts to remain in the store until they had information about Rivera. Mitchell could also have been the woman whose scream drew Thompson and others to the rear of the store.
Margaret Mitchell appeared in many newspaper stories about what happened in Kress’ store, but almost all truncated the extended standoff between the Black women and store staff and police into a rapid sequence of events, in the process mistaking what Mitchell was alleged to have done and when she was arrested. The Home News reported that Mitchell “attempted to take the Rivera boy from the department store detectives and cried out that the guards were beating the youth.” La Prensa also reported Mitchell trying to intervene. Although the Home News went on to claim that Mitchell was arrested at that time, neither Charles Hurley nor Patrolman Donahue mentioned a woman being part of their struggles with Rivera, and Donahue testified he did not arrest anyone while at Kress’ store. The Afro-American, New York Amsterdam News, New York Evening Journal (and the New York Times on March 24) reported that Mitchell was arrested after she screamed when the boy was being beaten. However, the New York Times, Daily News, New York American, New York Post, New York Herald Tribune, and Daily Worker did not specify when she screamed (or spread rumors in the New York Times story, or was “a leader of the disturbance” in the New York Herald Tribune story) — although the Daily News, New York American, and New York Post did elsewhere in their stories mention an unnamed woman running into street screaming at the time Rivera was grabbed. The New York Sun alone specified that Mitchell’s actions came later: “The woman whose cries that the boy had been murdered, rekindled the vandalism after the police had succeeded in quenching it earlier in the evening, is Margaret Mitchell, 18, of 283 West 150th street.” The next day, in reporting Mitchell’s arraignment in the Harlem Magistrate’s Court, the Home News combined its description of her trying to intervene when Rivera was grabbed with the later events mentioned in Di Martini’s report. While reiterating that she “attempted to take the Rivera boy from the department store detectives and cried out that the guards were beating the youth,” the story added that after Rivera had been taken to the basement, she was “urging other colored people in the store to demand the release of the boy, started throwing merchandise to the floor and upset many of the counter displays.” Inspector Di Martini's report, while containing few details of events in the store, did distinguish Mitchell from the woman who reacted to Rivera, whose actions he located slightly later than the newspaper stories, "upon the arrival of the ambulance [to treat Hurley and Urban]," when the "unknown female screamed that the boy had been seriously injured or killed and otherwise caused a commotion which attracted a large number of persons." Mitchell's arrest came later, after which "this commotion was soon quieted."
The more specific allegation of “throwing pans on floor and causing crowd to collect” was recorded in the 28th Precinct police blotter as “Disorderly in Kresses 5 & 10c Store.” That language echoed the offense with which the prosecutor charged Mitchell, disorderly conduct. She appeared in lists of those arrested and charged with disorderly conduct in the Atlanta World, Afro-American, and Norfolk Journal and Guide, the New York Evening Journal, New York American and Daily News. Arraigned in the Harlem Magistrates Court on March 20, Mitchell was found guilty by Magistrate Renaud, who remanded her until March 23 for investigation and sentencing. The Times Union reported that she “denied hysterically she participated in the rioting. She stood up from the witness chair screaming, then collapsed.” No other newspapers included that scene.
Mitchell returned to the court on March 23, telling Magistrate Renaud she was "sorry," according to the Home News and New York World-Telegram. In passing sentence, Renaud commented that “he did not believe the girl acted maliciously,” those two publications and the New York Times and New York Age reported. The sentence reflected that assessment: three days in the Workhouse or a fine of $10. The New York American reported only that outcome, obliquely reporting Renaud's comment by describing her as having "unwittingly started Tuesday's outbreak." A brief mention in the New York Amsterdam News gave the opposite impression by describing Mitchell as having been "found guilty" of "stirring up the mob." The Daily Worker pointed to what its reporter saw as the implications of her sentence, that it "beating of Negro children by Harlem white storekeepers of the police, as frequently has been the case." Mitchell was one of only three people convicted during the disorder who paid a fine. She was also one of only eighteen of those arraigned represented by a lawyer, in her case Sidney Christian, a prominent West Indian attorney.
The lawyer was likely obtained with the help of Mitchell’s father, Thomas E. Thompson. A West Indian immigrant who had arrived in New York City in 1895, Thompson had been a postal worker for thirty-five years at the time of his daughter’s arrest, and an office holder in the Prince Hall Masons. He and his family were among the earliest Black residents of Harlem, recorded in the 1910 census living in 55 West 137th Street. While not featuring on the social pages as Sidney Christian did, Thompson would have had the resources and the standing in the West Indian community to have known of and involved the lawyer. Mitchell, one of the youngest of Thompson's twelve children, had married in April 1934, and at the time of the disorder lived with her husband, David Mitchell, a handyman in an apartment building, at 287 West 150th Street. That she was in a store twenty-five blocks south of her home indicated the distance from which the businesses on West 125th Street drew their customers.
As the only person arrested in Kress’ store, and named in newspaper stories about the disorder, Mitchell was one of the few identifiable sources of information about the beginnings of the disorder for the MCCH. However, when Lt. Battle called at her home and requested that she be at the public hearing on March 30, “she refused to come.” Asked again about her testimony three weeks later, Battle reiterated that "she absolutely refuses to come to this hearing."
Margaret Mitchell and her husband still lived in the same apartment when the census enumerator called in 1940. In January 1945, she joined 200 family and friends celebrating her parents' 50th wedding anniversary, photographed alongside her siblings in an image published in the New York Amsterdam News. Her husband David was not part of the celebration; he was a sergeant in the US military serving overseas, as were two of Mitchell’s brothers and four nephews. -
1
2020-10-22T01:27:23+00:00
Thomas Jackson arrested
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2023-11-08T02:27:13+00:00
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 milk can. Jackson denied throwing anything at the store, or being part of an attack on it, when questioned 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 appeared in newspaper reports of different stages of the legal process, few of which offered any details. His name was listed among those arrested in the Atlanta World, Afro-American, and Norfolk Journal and Guide and in the New York Evening Journal. Only the Home News reported his arraignment in the Magistrates Court, where the magistrate sent him to the grand jury. Indicted on March 22, his appearance in the Court of General Sessions to have his bail continued four days later was reported in only the New York Sun. Jackson's reappearance a few days later to plead guilty attracted more coverage, in the Daily News, New York Herald Tribune, New York Post, New York Times, and New York Amsterdam News. The New York Times, New York Evening Journal, Daily News, and Times Union reported 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 $7,800 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 $2,500 in a bank account in the name of Rose Jackson, and that she had taken the money and disappeared. Early in 1933, Jackson invested $1,200 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 ninety 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. -
1
2020-10-21T01:41:36+00:00
Hezekiah Wright arrested
50
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2024-01-25T22:49:35+00:00
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 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 $1,000 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 Times Union on April 8, in the New York Evening News, New York Times and Daily News 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 whom 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. -
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2021-05-24T00:20:09+00:00
Joseph Wade arrested
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2024-01-27T21:46:56+00:00
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 DeThomas' 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 at 148 West 127th Street near the other end of the block of West 127th Street on which the store was located.
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 few 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, he had likely had been investigated previously and that report would have been put in the file created then. 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, but also 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, and the New York Times — reported Wade’s appearance in the Court of General Sessions to plead guilty. The New York Times, New York Evening News, Daily News, and Times Union, 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, 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 indicated he was released at the time. -
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2021-12-09T01:50:22+00:00
Claude Jones arrested
27
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2024-01-19T00:10:35+00:00
At about 10:30 PM, Patrolman Walter MacKenzie told the Harlem Magistrates Court, he saw Claude Jones, a twenty-four-year-old Black musician, throw a brick that broke a window in Blumstein's department store at 230 West 125th Street. Then Jones allegedly shouted "in a loud voice 'Kill the cops, the dirty mother-fucking sons of bitches,' causing a large crowd to gather." By that time the large crowds that had been focused on 125th Street had broken into smaller groups, many of which scattered north and south up the avenues, but some groups remained. Ten minutes after windows were broken in Blumstein's store, William Ford allegedly threw a rock that broke a window at Kress' store several buildings to to the west, and then called on the people on the street to attack police, drawing a large crowd. Around the same time, a white man named Thomas Wijstem was hit by a rock in front of the W. T. Grant store immediately east of Blumstein's store, allegedly while being attacked by a group of Black men. Police arrested one man, Douglas Cornelius.
Patrolman MacKenzie appeared in the Harlem Magistrates Court as the arresting officer of not just Jones but also the two other men arrested nearby around the same time, William Ford and Douglas Cornelius. It is not clear he actually made the arrests. In court MacKenzie stated that he had witnessed Ford and Jones breaking windows and inciting the crowd, but made no mention of arresting them (there are no details of the circumstances of the arrest of Cornelius). Police had established a headquarters in front of Kress' store, and officers from throughout the city had begun arriving there before 10:30 PM, so there were likely other officers in the area who could have made the arrests.
The address Jones gave when examined in the Harlem Magistrates Court, 170 West 121st Street, his home for only about two weeks, was four blocks south of Blumstein's store, at close enough to where the disorder began for him to have been among those drawn to 125th Street by the noise, crowds, or rumors. After reporting that police had identified Jones as "an ace trombonist in Fletcher Henderson's orchestra," the New York Amsterdam News published a story on April 6 in which the trombonist denied he was man arrested. The trombonist, now "connected with Cab Calloway's Band," had been out of the city on tour at the time of the disorder.
Jones appeared among those charged with inciting a riot in the list of those arrested during 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. The same charge is recorded in the 28th Precinct Police blotter and the Harlem Magistrates Court docket book, a consistency unusual for the men reported as both breaking windows and inciting crowds. When Jones appeared in court on March 20, Magistrate Renaud remanded him in custody. He was one of only eighteen of those arrested in the disorder to have a lawyer representing him listed in the court docket book. Only the lawyer's first name and initial, James W., are legible, together with his address, 200 West 135th Street, an office building in the heart of Harlem that housed the offices of many Black lawyers (both the other men arrested at same time, William Ford and Douglas Cornelius, had prominent Black lawyers recorded as representing them).
Returned to court a week later, Jones was held for the grand jury on bail of $1000 by Magistrate Ford, an appearance reported in the New York Herald Tribune and New York Times. Jones was to have appeared before the grand jury on April 8, the same day as William Ford, but Patrolman MacKenzie was not present. It was not until April 12 that the grand jury heard the case against Jones, deciding then to transfer him to the Court of Special Sessions, likely to be tried for the offenses written in a note on the Magistrates Court affidavit, both the misdemeanor forms of inciting a riot, and malicious mischief, an offense involving damage to property used in the prosecution of those who allegedly broke windows during the disorder (as the malicious mischief charge was not recorded in the docket book Jones is not categorized as being charged with that offense). Convicted, Jones received a suspended sentence on April 16, according to the 28th Precinct Police blotter.
Three days after his release, on April 19, Jones obtained a license to marry twenty-one-year-old Erma (or Emma) Harris, a marriage reported in the New York Age on May 4, 1935. -
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2022-12-15T16:03:39+00:00
Lino Rivera grabbed & Charles Hurley and Steve Urban assaulted (Part 2)
11
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2024-01-28T01:16:31+00:00
Until police found Rivera, newspapers described the boy caught shoplifting as a younger Black child, in line with the rumors and leaflets circulating in Harlem. Louise Thompson heard from the women she spoke to in Kress' store that a "colored boy" aged ten to twelve years had been beaten. The signs carried by the Young Liberators who picketed the store an hour or so later referred to a "Negro child," while the leaflets their organization distributed another hour later later described a "12 year old Negro boy." The first newspaper stories repeated those descriptions. The New York American mentioned a "colored boy" and a "10-year-old Negro boy," the Daily News a 12-year-old "colored boy," the New York Evening Journal a 15-year-old "Negro boy," the Daily Mirror a "little colored boy," the Home News a "young colored boy," and the New York Sun a "Negro boy." Early stories in some Black newspapers featured similar descriptions, a "small Negro boy" in the Norfolk Journal and Guide and a 10-year-old "colored boy" in the Indianapolis Recorder on March 23, or simply referred to the boy's age, not his race, a 16-year-old boy in the Atlanta World on March 21, a 12-year-old boy in the New York Age, a 14-year-old boy in the Chicago Defender, and a 16-year-old boy in the Afro-American and Pittsburgh Courier on March 23. Newspapers published on March 20 after police found Rivera identified him as a 16-year-old Puerto Rican, in the New York Post, New York World-Telegram, and Brooklyn Daily Eagle or a "Puerto Rican youth" in the New York Herald Tribune, Times Union, and Brooklyn Citizen (although later in that story Rivera was referred to as a "Negro"). (The New York World-Telegram also pointed to the differences between Rivera and the boy of the rumors by putting Negro in quotation marks when reporting the rumors and the text of the Young Liberators leaflet.) By contrast, the New York Times referred to a 16-year-old "Negro boy" even after Rivera had been found, as did the New York Sun and New York Evening Journal. While the New York Times did eventually identify Rivera as Puerto Rican when he appeared in the Adolescents court after the disorder, the New York Evening Journal continued to describe Rivera as "Negro," while the New York Sun made no mention of his race. Those newspapers' persistent use of "Negro" may have been intended to convey that Rivera was dark-skinned; the New York American described him in those terms, as a "dark-skinned 16-year-old Porto Rican" in a story reporting an interview with the boy in his home, while the Brooklyn Daily Eagle described him as a "Negro born in Porto Rico." Editions of the other newspapers published after Rivera was found, including the Black newspapers, simply switched to identify him as Puerto Rican. (Historian Lorrin Thomas argued that the New York Amsterdam News "failed to identify Rivera as Puerto Rican, referring to him instead as a 'young Negro boy,'" but did not provide a citation. The March 23 issue of that newspaper is missing the news sections, but the March 30 issue identified Rivera as a "16-year-old Puerto Rican youth.")
Stories in the New York Evening Journal, Home News, La Prensa, and Daily Worker misidentified Hurley and Urban as store detectives. None mentioned the store detective, Smith, perhaps because he was not bitten and therefore not identified in any official records. He may also have been confused with Jackson Smith, the store manager. Many stories gave the manager a larger role than he played, involved in grabbing Rivera and making the decision to release him with Rivera in this office. That expanded role came at the expense not only of the store detective but also the police. Only the Daily News, and a vague statement in the New York Post story of what Rivera said mentioned that officers were at the store. The Daily News included only Eldridge, misidentifying him as the officer who released Rivera. Rivera said “two policeman came in” after he bit the men, the New York Post reported. The New York Evening Journal, Daily News, Atlanta World, and Philadelphia Tribune stories quoting Rivera omitted that statement.
Several newspaper stories included a Black woman interceding or screaming when the store staff grabbed Rivera, which some accounts claimed precipitated broader disorder. The statements of those on the scene suggest any outcry came when Donahue and Urban took Rivera into the basement. Rivera testified in the public hearing that a woman screamed “They’re going to take him down the cellar and beat him up!” While Hurley made no mention of that scream, L. F. Cole, a thirty-year-old Black clerk, did testify that when he saw Donahue and Urban taking Rivera to the basement “a woman made a statement that the boy had been struck.” Cole's choice not to describe the woman as screaming suggests the possibility that the woman simply called out, with the gendered language of the press rendering any shouting by a woman as a scream. "They're beating that boy! They're killing him!" were the “screams” reported by the New York Evening Journal. Speeding up events, the New York American, New York Post, and Atlanta World, and the New Republic, describe the woman as running into the street, screaming "Kress beat a colored boy! Kress Beat a colored boy!" according to the New York American. The New York Sun made this response collective: “Emotional Negro women shouted that the boy was being beaten and this information was quickly relayed to the curious crowds which had gathered in front of the store.” Rather than reacting, the woman intervened in the narrative presented in Home News and La Prensa, and was pushed aside by Hurley, after which she screamed.
Margaret Mitchell was identified as the woman who reacted to Rivera being grabbed in the New York Evening Journal, Home News, Philadelphia Tribune, and La Prensa (and later in stories about those arrested in the New York Amsterdam News, Afro-American, New York Post, and New York Times). Here journalists with a truncated timeline of events were assuming that as she was arrested in Kress’ store it must have been when Rivera was grabbed. However, Donahue told the public hearing he had not made an arrest, and none of the store staff mentioned an arrest at this time. The circumstances of Mitchell's arrest recorded by police, the testimony of Louise Thompson, and the New York Sun story suggest that it took place after the store was closed, as police tried to clear out the women who remained inside, with an officer named Johnson making the arrest. Similarly, in describing customers struggling with Hurley and Urban or attacking displays as Rivera was taken away, the narratives of the New York Sun, La Prensa, and the Home News collapsed together events that took place at different times. Testimony in the public hearings identified that struggle as coming later, when Kress’ manager decided to close the store and police cleared out those inside.
Several newspapers also published statements by Rivera made either at the West 123rd Street station after Eldridge, awoken at 1:30 AM, had located him and brought him to a police station around 2:00 AM, or in his home the next day that provided more details of what happened before and when he was grabbed than the broad narratives. The New York Evening Journal, New York Herald Tribune, Daily News, New York Post, New York Sun, Atlanta World, and Philadelphia Tribune quoted Rivera at the police station describing biting the men and the threat to beat him that had precipitated that struggle. In an ANS agency photograph of Rivera standing with Lt. Battle taken at that time, journalists can be seen taking notes. It’s not clear if they questioned Rivera directly, or recorded answers he gave to police officers: the Daily News reported his statements as told to Deputy Chief Inspector Frances Kear, the New York Evening Journal and New York Sun reported he talked to Captain Richard Oliver, and the New York Herald Tribune quoted Eldridge rather than Rivera. The New York Evening Journal story also mentioned the reporter speaking with Rivera. The New York World-Telegram and New York Herald Tribune published stories quoting statements made by Rivera at this home later on March 20; a New York American story combined statements from the station and at his home. The Daily News simply published a photograph of Rivera flexing his biceps, presumably to demonstrate that he was unharmed. The information that before entering Kress', Rivera had gone to Brooklyn looking for work, having left high school six months earlier, that his mother needed help because his father was dead, was reported in the interviews published in the New York American and New York Herald Tribune. His father's death was also reported in La Prensa and the Brooklyn Citizen. Only the New York Herald Tribune, New York Evening Journal, and New York Sun reported that Rivera went to a show after returning from Brooklyn. Only La Prensa reported that Rivera had a job when he first left school. That interview with Rivera in his home focused on emphasizing his lack of responsibility for the disorder and willingness to try to pacify the crowds had he been asked, and contained no details of what had happened in the store as he did not want to talk about them. That focus was in line with La Prensa's concern to distance Puerto Rican residents from the disorder. Rivera gave an account of what happened in the store again when he appeared in the Adolescents Court on March 23 for inserting slugs in a subway turnstile before the disorder, in answer to questions from the magistrate.
The MCCH public hearings elicited more details of the assault, with Rivera, the two police officers, and Hurley all testifying, together with Jackson Smith, the store manager. Provided in five separate hearings spread over nearly six weeks, that testimony described the roles of Officers Donahue and Eldridge, which were missing from the initial newspaper reports. Few newspapers included these new details in their stories about the hearings. The most extensively reported hearing was the first, on March 30, in which Donahue testified. A majority of newspapers highlighted Donahue’s decision to release Rivera through the rear of the store rather than in view of concerned customers as a mistake, with several reporting that Donahue had admitted that mistake. However, the hearing transcript did not include such a statement. Instead, it was Edward Kuntz, one of the ILD lawyers in the audience, who offered that assessment while questioning the officer. After Donahue testified that crowds on 125th Street caused him to take Rivera into the store, Kuntz commented, “If you had let the boy go at that time there would not have been any excitement.” Eldridge and Hurley did not testify until three weeks later, and Jackson Smith until two weeks after that, when they were not given any attention in the briefer newspaper stories about those hearings.