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Public Hearings - Outbreak (March-April 1935), 15, Subject Files, Box 408, Folder 8 (Roll 194), Records of Mayor Fiorello H. La Guardia, 1934-1945 (New York City Municipal Archives).
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Police deploy beyond 125th Street
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2022-07-13T17:59:57+00:00
“As they arrived, the police were distributed through 125th Street from Lenox to St. Nicholas Avenues from 125th to 135th Streets,” the New York Herald Tribune reported. Disorder spread beyond 125th Street sometime before police were deployed in those areas. Windows were reported broken on 7th Avenue north of 127th Street not long after 8:30 PM with no indication that police were present until around 9:45 PM, when an officer from the 40th Precinct in the Bronx arrested Leroy Brown at 7th Avenue and 127th Street. After 10:00 PM police began to appear on 7th Avenue south of 125th Street. There is no evidence of when police deployed on 8th Avenue, but it seems likely it occurred around the time they moved on to 7th Avenue as officers were concentrated on that block of 125th Street. It was over an hour later that the sources mention police on Lenox Avenue north of 125th Street, an area east of where they had been concentrated. Crowds had been attacking stores on Lenox Avenue since at least 10:30 PM. Those crowds were not concentrated as they had been on 125th Street between 7th and 8th Avenues. Officers attempted to guard damaged stores that might be looted or patrolled blocks and intersections on foot as they had on 125th Street to respond to any crowds that gathered. Between twenty and thirty radio cars patrolled larger sections of the avenues, pulling over when they encountered incidents of disorder. It is not clear if Emergency trucks also patrolled the avenues; they are mentioned in the press only taking up fixed positions. There is no mention of mounted police anywhere but 125th Street. The New York Times, Home News, and New York Sun also reported that patrolling police saved white men and women from assault, with the New York Evening Journal and New York American reporting specific incidents that might have occurred in this time period, although no arrests were made in such circumstances to provide evidence to confirm either the general or specific claims.
The area over which disorder spread was too large to occupy or cordon off, and officers appear to have spent much of their time reacting to attacks on property. They succeeded in stopping those attacks only for as long as they were present. And even then, the range of their protection was limited to one side of the street. In Harlem, 7th Avenue and Lenox Avenue were major roadways, with two lanes of traffic in each direction, and an island planted with trees in the middle of 7th Avenue. The time it took officers to cross that distance often gave crowds times to disperse and avoid arrest. Unlike on 125th Street, police were not involved in the clashes with large crowds that saw officers injured; three police suffered injuries, one making an arrest and two driving on 8th Avenue. As they deployed across Harlem, police appear to have more often fired their guns than they had when establishing a perimeter around 125th Street. Newspaper reports of that shooting generally attributed it to the outbreak of looting, a legally more serious crime that police practice treated as justifying firing at suspects. The two Black men killed by police gunfire were both alleged to have been looting. However, five unattributed shootings of Black men suggest that police fired more indiscriminately at crowds. Police also appear to have continued to have hit those they arrested with their nightsticks and revolver and rifle butts. Police also appear to have made more arrests during this period of the disorder than earlier; almost half of the arrests with information on timing occurred between 11:00 PM and 2:00 AM. Arrests for looting are a large part of that total; as a more serious crime, police may have been more likely to make arrests for looting than for breaking windows or other activities.
The timing of arrests provides one source of evidence of when police began to deploy beyond 125th Street. However, Lt. Battle later told his biographer Langston Hughes that arrests were not an option early in the disorder as police were too outnumbered. An arrest required officers leaving the street to take their prisoner to a stationhouse. Stories in the New York Evening Journal pointed to the need to guard damaged stores as an additional constraint on police. Furthermore, information on timing and location is available for only forty-seven of the 128 arrests (37%), with information on location but not timing for an additional thirty-two arrests (so 62%, 79 of 128, of arrests can be mapped). Consequently, the lack of arrests, particularly before 11:00 PM, is uncertain evidence of the absence of police.
The first recorded arrest away from 125th Street does not appear to result from the dispersal of officers across Harlem. The patrolman who intervened in an attack on a white man by a group of Black men on St Nicholas Avenue and West 127th Street around 9:00 PM and arrested Paul Boyett, was likely in a radio car going to 125th Street from the 30th Precinct not sent from where police were gathered. The next arrest, of Leroy Brown on 7th Avenue and 127th Street at 9.45 PM, offers clearer evidence of police deploying. Patrolman Edward Doran came from the 40th Precinct, directly across the river from Harlem in the Bronx. He testified to seeing crowd gather in front of the store, and Brown then throw a tailor’s dummy through the window. While Doran arrested Brown, the other members of the group he heard and saw break windows further up 7th Avenue were not arrested. Twenty-five minutes later, Patrolman Irwin Young, who had earlier arrested Harry Gordon on 125th Street, made the second arrest on the same block of 7th Avenue, across the street. Although the first arrests south of 125th Street did not occur until after 11:00 PM, officers were reported to have clashed with crowds at 121st Street around 10:30 PM. That those officers made no arrests likely indicates that there were too few of them to control the crowd. A New York Evening Journal story sensationalized the incident in those terms: “Policemen attached to the West 123rd st. station were surrounded by men and women. Guns were drawn but the mob refused to disband and in the ensuing exchange of shots Lyman Quarterman, 34, 306 W. 146th st., was shot in the abdomen,” almost certainly by police. By 12:30 AM when Fred Campbell drove by, there were “an unusual number of patrolmen and policemen out with riot guns” at that intersection. Officers made arrests as far south as West 116th Street after midnight, but the number of damaged and looted businesses suggests a limited presence and concern with the Puerto Rican neighborhood centered on 116th Street.
Police likely deployed along 8th Avenue around the same time as they did along 7th Avenue as police had gathered at that intersection with 125th Street as they had at the other end of the block. There is no evidence of the timing of any of the arrests made on that street, which took place both north and south of 125th Street, although there are no arrests north of 135th Street as there were on 7th Avenue.
The first arrests on Lenox Avenue north of 125th Street came after 11:00 PM, but in that area there was not any indication of a police deployment earlier. Most of the arrests after midnight occurred on those blocks of Lenox Avenue, where police took people into custody as far north as 135th Street. Those blocks also saw the most extensive looting, a combination that suggests that the number of arrests reflected the scale and changed character of the disorder rather than indicating that police more effectively controlled the people on the streets. There was only one arrest recorded on Lenox Avenue south of 125th Street, an area with relatively few businesses, and not until 2 AM. That arrest was of a man carrying goods allegedly stolen from a hardware store, not damaging or looting a store. Around the same time police made arrests on the same sections of 7th Avenue.
After 3:00 AM there is a lull in both arrests and reported events. Earlier, when Deputy Chief Inspector McAuliffe, in charge of uniformed police in the borough of Manhattan, had been driven through Harlem just before midnight, he told a reporter from the New York Herald Tribune that “thousands of persons were staying in the streets late,” although he judged that “most of them appeared to be spectators.” Although Lt. Battle told a hearing of the MCCH that “there was no excitement” when he went on to Harlem streets at 2:00 AM, there is evidence of violence and arrests on Lenox and 7th Avenues on both sides of 125th Street at that time. However, when McAuliffe toured the neighborhood again at 4:00 AM, he “reported that all was quiet,” according to a story in the New York World Telegram. That assessment was likely why police called from precincts outside Harlem were sent home at that time, according to the New York Evening Journal. By that time it appears that police were relying on radio cars to patrol the avenues. The final arrests of the disorder came around 5:00 AM, made by officers in radio cars patrolling 8th Avenue and Lenox Avenue.
The combination of arrest and continued violence in the first arrest beyond 125th Street prefigured the results of police activity for the remainder of the disorder. The MCCH Report summarized the situation as one in which “Crowds constantly changed their make-up. When bricks thrown through store windows brought the police, the crowds would often dissolve, only to gather again and continue their assaults upon property.” The New York World Telegram offered a similar picture: "Whenever the police succeeded in scattering them, the mobs reformed to continue their outbreaks." Predictably, the New York Evening Journal offered a sensationalized version of that narrative, in which "[mobs] disappeared, though, only to turn up at some other corner to wreak vengeance again on all whites and the police." In the Times Union's narrative, the violence while not ephemeral was as discontinuous as those newspapers, with "sporadic and small riots [breaking] out in various parts of Harlem." The Daily News focused on the dispersal of the crowds, describing how "armed bands of colored and white guerillas, swinging crowbars and clubs, roamed through barricaded Harlem," "too scattered for police to corral." So too did the New York Herald Tribune's narrative, in which "outbreaks spread to other parts of Harlem, with smaller groups here and there." In the New York Times "roving bands of Negro men and women" forcibly resisting "500 policemen patrolling streets in an area of more than a square mile," later becoming "marauding bands." In the New York Sun it was "small roving mobs which prowled through the city throughout the night," although most of its narrative attributed the violence to a single "frenzied and race-crazed mob...who tore through the streets." The dispersed nature of the violence is less clear in the narratives of other publications. The New York Post described a "tidal wave of rioting" that "surged through the district," and "recurring waves" of rioting. The Home News offered little sense of the location of the disorder, noting only that "the disorder spread to adjoining streets," and making one mention of "roving bands of colored men." So too did the New York American, which mentioned only that the outbreak "spread with disastrous results over an area of several blocks," and the Daily Mirror, in which the description was more dramatic and vaguer: "It was a wild night of melee with mob violence spreading as the night wore on.... The “battlefield” was no longer W. 125th St. It was spreading. It was Harlem."
Storeowners seeking police to protect their businesses reported that telephone calls and visits to the stationhouses failed to bring officers. Even when they arrived, police could often offer limited protection. After officers who fired their pistols in the air to disperse a crowd near Lenox Avenue and 132nd Street succeeding only in moving them from one side of the street to the other without interrupting their attacks on business, the frightened staff of William Feinstein’s liquor store locked up and fled. Several hours later police failed to stop the store from being looted, only arriving in time to arrest one of a group who took bottles of liquor. After the disorder, Feinstein joined more than a hundred businessowners who successfully sued the city for failing to protect their property. Representing approximately a third of the businesses reported damaged or looted during the disorder, that number suggests a widespread scenario. However, the litigants and evidence of looting are concentrated on Lenox Avenue between 125th and 135th Streets. Those blocks also saw significant numbers of arrests. By contrast, 7th Avenue north of 129th Street saw very few reported incidents and only two arrests, although at least half of the eighteen arrests for which they are no details could have been in that area.
The gunfire that frightened Feinstein’s staff was a more frequent feature of the police response beyond 125th Street. The New York Times attributed that shooting to officers who “fired their pistols into the air, frightening away various groups of would-be disturbers,” as occurred around Feinstein’s liquor store. So too did the New York Herald Tribune, until midnight, when “as looting developed, the police began shooting.” That account fitted claims in the New York Times, New York Evening Journal and New York Post that officers were under orders not to fire at crowds, or only “in the greatest emergency,” according to the New York Post. Inspector Di Martini told a hearing of the MCCH that he "gave instructions to police not to do any shooting." Instead, they used the butts of their guns as clubs (as can be seen in photographs of the arrest of Charles Alston and of an arrest on Lenox Avenue). As well as looting, it was violence directed against white men and women that led officers to use their guns according to the New York Evening Journal: “But as the night wore on and the looting and violence increased to a point never before reached in New York City, the police were forced to use their guns-were forced to use them to protect helpless whites from being beaten and kicked and stamped to death under the feet of the stampeding blacks.” Sensationalized stories of violence against white men and women was the focus of that white newspaper's narrative of the disorder. In another story the New York Evening Journal presented police as using guns in response to crowds starting two fires on Lenox Avenue. (While firefighters extinguished those blazes, the claim in the Daily Mirror that they were “also pressed into the work of "taming the mob"” appears to be an invention. There is no other evidence that “Fire engines were placed at advantageous positions in the side streets of the riot zone prepared to "wet down" the more heated.” To the contrary, Inspector Di Martini told a MCCH hearing that he did not "call upon the Fire Department" as the crowds on 125th Street were not large enough to require them.)
Both the incidents in which police shot and killed Black men, Lloyd Hobbs on 7th Avenue and James Thompson on 8th Avenue, involved alleged looting. No one was identified as responsible for shooting and wounding an additional five Black men; all those incidents took place after 1:00 AM, in the areas where at that time looting was most prevalent. The New York Sun somewhat obliquely linked those shootings to the police, presenting police as using their guns in response to the increasing “fury of the mob: ”The crack of revolver shot bit into the din. Seven men reeled under the impact of the bullets.” Eunice Carter asked Captain Rothnengast for details of those shootings during a MCCH hearing, suggesting that they had been shot by police: “Officer, you stated that other people were shot but who shot them? Was there any effort to find out who shot them? Was any check made on the bullets to ascertain whether they came from police guns?” He replied simply that “No bullets were recovered.” Rothengast had earlier told the hearing that "several shots were fired from roofs and windows at us. I saw the fire from a pistol as it was shot from a roof on 129th Street.” Several white newspapers reported incidents of police being shot at that other evidence suggests did not happen. The New York American, Home News, New York Herald Tribune, and New York Post reported James Thompson shot at the detectives trying to arrest him, with the New York Evening Journal sensationally reported an even larger gunfight in which "other rioters" returned the officers shots. However, police records make clear that only the detectives fired weapons, hitting Thompson and a white passerby, while one also shot himself in the hand. Similarly, a sniper attack on police reported by New York World Telegram, Brooklyn Daily Eagle, Times Union and Home News appears not to have happened. The four men police arrested were charged with disorderly conduct for “annoying,” a charge that would not have been made had they actually shot at police. If anyone did shoot at police, they failed to hit their targets.
Only two police officers were injured away from 125th Street, in large part because the situations in which officers had been injured around Kress’ store did not occur when the disorder was not concentrated on a single location. Patrolman Whittington of Emergency Squad #9, was reportedly hit by a rock on a truck at 8th Avenue at 123rd Street around midnight. That location was close enough to the perimeter which police established around Kress’ store and 125th Street that the truck may have been part of that response to the disorder rather than involved in efforts to control crowds in the wider neighborhood. (A car driven by Detective Lt. Frank Lenahan on 8th Avenue was also hit by rocks, perhaps also away from 125th Street. Cars and buses driving on 7th Avenue were also attacked with rocks, including one with a Black driver, so Lenahan may not have been targeted as a policeman.) The second officer, Detective Nicholas Campo, was shot with his own revolver while trying to make an arrest; Irwin Young allegedly had also allegedly been assaulted during an arrest at the beginning of the disorder. Otherwise, the clashes between police and crowds that occurred around 125th Street did not happen when the disorder was not concentrated on Kress store: rather than attacking police guarding stores, crowds drew them away or waited until they moved away; and rather than resisting police efforts to disperse them, crowds scattered and reformed when police moved on.
With police killing Lloyd Hobbs the only incident beyond 125th Street to which the MCCH gave attention, information on the police response comes from newspaper stories and legal records. When the disorder spread beyond 125th Street, reporters appear to have remained there, where police were concentrated, and at the police stations on West 123rd Street and West 135th Street, and at Harlem Hospital. In reporting this period of the disorder they relied on police accounts of the incidents in which they made arrests [and, in the case of the NYEJ, other alleged assaults on whites, some described by police, others by the alleged victims]. The narrow focus of arrest reports, which mentioned only the arresting officer, obscure the details of the police deployment. In a small number of cases, arrests by officers patrolling in radio cars are identified; however, radio cars were likely involved in additional arrests. -
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Leaflets distributed
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2022-08-03T17:05:13+00:00
The Young Liberators printed a one-page mimeographed leaflet in the early evening of March 19. Just where they distributed the leaflet is uncertain. "Some white youngsters were passing out handbills" when a reporter for the Afro-American arrived at 125th Street and 7th Avenue at 7:14 PM; Louise Thompson saw people with the leaflet on that corner just after 8:00 PM, suggesting a focus on 125th Street. “They were hurriedly passed put among the throngs of Negro idlers up and down teeming 125th Street,” according to the sensationalized story in Time magazine. The New York American claimed, “These papers received wide circulation throughout Harlem.” The leaflet was also pasted on building walls, according to the New York Evening Journal. Reading its text incited the crowds that had gathered on 125th Street, the police and District Attorney William Dodge claimed, making the Young Liberators, who they considered Communists, responsible for the disorder. The MCCH did not agree. Based on testimony from Louise Thompson that the leaflet did not appear on 125th Street until sometime between 7.30 PM and 8.00 PM, the MCCH final report concluded that the Young Liberators “were not responsible for the disorder and attacks on property which were already in full swing.” By 7.30 PM, “Already a tabloid in screaming headlines was telling the city that a riot was going on in Harlem,” the MCCH report also noted. Louise Thompson identified that newspaper as the Daily Mirror. Later on March 19, the CP distributed a leaflet, after the Young Liberators approached them concerned about the growing disorder, according to William Ford’s testimony in a MCCH public hearing. He said that leaflet was “written and distributed” about “9 or 10 o’clock.” Leaflets were still in circulation on Harlem’s streets around 2 AM. Sgt Samuel Battle told a public hearing of the MCCH he came into possession of two or three at that time, without specifying to which of the two leaflets he was referring.
Both leaflets identified Kress store staff as responsible for the violence against Rivera, with only passing mention of police. That narrative focused protests on the store, and white businesses, Bosses, more generally, rather than police, or the white population. In terms of that framework, attacks on Kress’ store, and on other white businesses later in the disorder, appear not straightforwardly attacks on property and economic power, but also as retaliation against violence by those who owned and worked in those businesses
A mimeographed page, the Young Liberators’ leaflet combined handwritten and typewritten text. At the top, the handwritten text read, “Child Brutally Beaten. Woman attacked by Boss and Cops = Child near DEATH.” The remaining typewritten text read:ONE HOUR AGO A TWELVE-YEAR-OLD NEGRO BOY WAS BRUTALLY BEATEN BY THE MANAGEMENT OF KRESS FIVE-AND-TEN-CENT STORE.
THE BOY IS NEAR DEATH
HE WAS MERCILESSLY BEATEN BECAUSE THEY THOUGHT HE HAD ‘STOLEN’ A FIVE CENT KNIFE.
A NEGRO WOMAN WHO SPRANG TO THE DEFENSE OF THE BOY HAD HER ARMS BROKEN BY THESE THUGS AND WAS THEN ARRESTED.
WORKERS, NEGROES AND WHITE, PROTEST AGAINST THIS LYNCH ATTACK ON INNOCENT NEGRO PEOPLE. DEMAND THE RELEASE OF THE BOY AND WOMAN.
DEMAND THE IMMEDIATE ARREST OF THE MANAGER RESPONSIBLE FOR THIS LYNCH ATTACK.
DON'T BUY AT KRESS'S. STOP POLICE BRUTALITY IN NEGRO HARLEM.
JOIN THE PICKET LINE
ISSUED BY YOUNG LIBERATORS.
Predictably, the anti-Communist Hearst newspaper the New York Evening Journal gave the greatest space to the leaflet, publishing both the full text of the Young Liberators' leaflet and photographs of it (and the YCP leaflet and two placards carried by pickets, under the headline "Insidious Propaganda That Started Harlem Riot," and a front-page photograph of the men arrested protesting in front of Kress’ store). A portion of the Young Liberators' leaflet appeared in a combination of AP photographs published in several newspapers. In addition to the New York Evening Journal, the HN, WT and the New Republic published the text of the leaflet. The NYHT quoted only about half of the leaflet, stopping after the first use of “lynch attack.” None of those published versions of the circular included the final line, “JOIN THE PICKET.” That line did appear in the version published by the Norfolk Journal and Guide, the only Black publication in which the leaflets appeared. That line is visible in the photograph published in the NYEJ, was in the version of the leaflet in the MCCH’s final report, and was raised by Hays in the public hearing of the MCCH (Taylor answered that he did not know to what it referred [31]). The text published in the HN omitted the line DON'T BUY AT KRESS'S. STOP POLICE BRUTALITY IN NEGRO HARLEM, substituting instead “Demand the hiring of Negro workers in Harlem department stores. Boycott the store." That phrase transposed the call not to buy in the store into the terms of boycott the campaigns of the previous year, effectively treating the tactic as having a single goal. The NYP quoted only the handwritten headline of the leaflet, the characterization of the incident as “this lynch attack,” and the call for protest. Time quoted only the headline, and the AA only the first two phrases from the headline, omitting “boss” so that the charge of violence was only against police. Quotations in the NYS were garbled versions of the actual leaflet text, including words and phrases that appeared but in the wrong form: "A Child Brutally Beaten." "A Twelve-Year-Old Child Was Brutally Beaten for Stealing a Knife from a Five and Ten Cent Store." "Workers Protest Against This Lynch Attack." The DN misreported the leaflet as making the more provocative charge that the boy had been beaten to death. Initial stories about the disorder published by the NYT and Am did not mention the leaflet, but added them to their narrative the next day, 3/21.
The CP leaflet, also a mimeographed page, similarly began with handwritten text that read, “FOR UNITY OF NEGRO AND WHITE WORKERS! DON'T LET THE BOSSES START RACE RIOTS IN HARLEM!”. The typewritten portion went on:The brutal beating of the 12-year-old boy, Riviera, by Kress's special guard, for taking a piece of candy, again proves the increasing terror against the Negro people of Harlem. Bosses, who deny the most immediate necessities from workers' children, who throw workers out of employment, who pay not even enough to live on, are protecting their so-called property rights by brutal beatings, as in the case of the boy Riviera. They shoot both Negro and white workers in strikes all over the country. They lynch Negro people in the South on framed-up charges.
The bosses and police are trying to bring the lynch spirit right here to Harlem. The bosses would welcome nothing more than a fight between the white and Negro workers of our community, so that they may be able to continue to rule over both the Negro and white workers.
Our answer to the brutal beating of this boy, by one of the flunkies of Mr. Kress, must be an organized and determined resistance against the brutal attacks of the bosses and the police.
WORKERS, NEGRO AND WHITE: DEMAND THE IMMEDIATE DISMISSAL AND ARREST AND PROSECUTION OF THE SPECIAL GUARD AND THE MANAGER OF THE STORE.
DEMAND THE RELEASE OF THE NEGRO AND WHITE WORKERS ARRESTED.
DEMAND THE HIRING OF NEGRO WORKERS IN ALL DEPARTMENT STORES IN HARLEM
DON'T LET BOSSES START ANY RACE RIOTS IN HARLEM.
DON'T TRADE IN KRESSES.
Issued by
Communist Party
Young Communist League
The Daily Worker published the CP leaflet text, while not publishing the Young Liberators' leaflet, perhaps because the public position of the Young Liberators was that the organization was not affiliated with the CP. The handwritten headline of that leaflet appeared at the end of a WT story, after the full-text of the Young Liberators' leaflet: “In another manifesto, signed by the Communist party and the Young Peoples’ League, a plea was made “for unity of Negro and white workers—don’t let the bosses start race riots in Harlem!” While the New York Evening Journal published a photograph of the leaflet, no other white newspapers reproduced the text, nor did it appear in the MCCH final report. The Norfolk Journal and Guide was the only Black publication in which the leaflet text appeared.
Initial newspaper stories reported that police said that the leaflets were responsible for moving the crowds on 125th Street to violence. The sensationalized version of that story employed metaphors of fire that placed the leaflets at the start of the disorder: leaflets were the “match which ignited Harlem and pitted its teeming thousands against the police and white spectators and shopkeepers” in the Daily News, “inflammatory handbills, the spark that fired the tinder” in Newsweek, and "inflame the populace" in a New York Age editorial; and in the NYS and DM leaflets fanned the crowd’s fury. The NYEJ opted for a more racist image evoking slavery, in which the leaflet was “largely responsible for whipping the Negroes to a frenzy.” The New York Age columnist the "Flying Cavalier," described the leaflets as as an example of the Communist "technique in the making up of their messages which would incite a lamb to jump on a tiger—if the lamb didn’t think first." Other newspapers framed the leaflets in terms of rumors: as having started the rumor in the NYHT, as “the chief agency which spread the rumor in the HN; and as having “helped spread resentment” in the NYP. (The WT described the leaflet without giving it a specific role; the “tinder for the destructive conflict” was the rumor that a boy had been beaten and killed, “assiduously spread by Communists.”) Writing in the New Republic, white journalist Hamilton Basso devoted two paragraphs to weighing the role the leaflet played in the disorder. He concluded that it “helped to rouse the crowds to violence,” but rejected the idea that the leaflet’s purpose “was deliberately to provoke a race riot” as requiring belief in “the stupid Red Scare of the Hearst press.”
The only direct evidence of when the Young Liberators' leaflet was distributed came from Louise Thompson. She told a public hearing of the MCCH that the leaflets were not in circulation when she left 125th Street around 7.30 PM. It was when Thompson returned around 8.00 PM that she “first saw the leaflet” in the hands of several people, but not anyone handing them out. Thompson was not a disinterested witness; as a member of the Communist Party she would not have wanted to see them held responsible for the disorder. L. T. Cole, who like Thompson had been inside Kress’ store after Rivera was grabbed but was not a Communist, told the MCCH he saw pamphlets in the crowd around 8.00 PM (the number is smudged in the transcript so that time is uncertain). Inspector Di Martini’s report supported that timeline, locating the appearance of “a number of pamphlets under the heading of the YL and YCP” after the crowd that gathered the rear of Kress’ store around 7.00 PM had been dispersed. Presumably that timing was based on the statements of officers on 125th Street -- but not Patrolman Moran, who told the MCCH he was on duty in front of Kress’ store from 6.00 PM throughout the night and did not see leaflets passed out. Copies of the leaflets were attached to the report. They may have been the copies that Sgt Battle told the MCCH public hearing that he had gathered near the end of the disorder, around 2 AM.
Newspaper stories presented a different timeline that had the leaflet appear earlier, around 6.00 PM, for which there was no direct evidence. The NYEJ and HN, the New York Post the next day, and the New Republic, reported that the Young Liberators' leaflet appeared about an hour after Kress’ staff grabbed Rivera, which would have been around 3.30 PM. When DA William Dodge spoke to reporters on March 20, the DN and WT (and Am 3/22) reported him as saying that the leaflets appeared within two hours of the incident in the store. No one at the scene described that timeline. It was likely based on the text of the leaflet, which read “One hour ago a twelve-year-old boy was brutally beaten by the management of Kress five-and-ten-cent store.” At that time, however, the Young Liberators were unaware of what had happened in the store. It was not until around 5.00 PM, as police were clearing people from Kress’ store, a black man brought news to the offices of the Young Liberators, James Taylor testified. Taylor, the leader of the Young Liberators, was asked about the timing referred to in the leaflet; he replied that he did not know whether that was correct.[29] The NYT story reporting Dodge’s comments had the “first of the Communist handbills” appear at 6:00 PM. That timeline is at least plausible; it would have been around an hour after the Young Liberators learned of an incident in Kress’ store. It was not, however, a timeframe that fitted with Di Martini’s report. The DN had the Young Liberators distributing the leaflets as they picketed Kress’ store, at a time not specified in the story. However, that detail is part of the truncated timeline police provided that had all five men they arrested arriving at Kress’ store at the same time, rather than separately over a period of forty-five minutes starting around 6.00 PM as testimony from those at the scene indicated. The pickets were the final protesters to arrive at Kress’ store, around 6.45 PM. Thompson saw them, so would have seen leaflets being distributed at that time.
William Ford’s testimony in a MCCH public hearing is the only evidence related to the origins and timing of the CP pamphlet. The CP leaflet appeared after members of the Young Liberators visited Ford, about an hour after distributing their leaflet, he testified. They “were very much disturbed” that “these leaflets had not been able to allay mass resentment in Harlem,” and instead “a rumor had got around that a race riot had started in Harlem.” The CP immediately produced a leaflet intended “to stop race rioting,” Ford testified, and he went to Harlem around 8 PM. The leaflet arrived an hour or two later, about “9 or 10 o’clock.” The MCCH report stated that that CP leaflet was issued “about the same time” as the YL’s leaflet. None of the newspapers mentioned the time that the leaflet was distributed.
District Attorney William Dodge and Police Commissioner Valentine both amplified the police narrative when they spoke to reporters on March 20 after Dodge appeared before the grand jury to seek indictments against alleged participants in the disorder. The leaflets remained central to that charge, and to the evidence that the authorities presented in an effort to substantiate it. Valentine summarized Di Martini’s “departmental report on the cause of the rioting” as detailing “that a Negro youth had been caught stealing, that a woman had screamed, that the "Young Liberators" had met, that they had thereafter disseminated "untruthful deceptive and inflammatory literature" and that all these events had been climaxed by the appearance of a hearse in the vicinity,” the NYS reported, a chronology also reported in the Am (3/22), WT, TU [3/21_LaG] and BDE. (The hearse is not the final element in Di Martini’s report; it is mentioned before the YLs). Two days later Dodge showed the grand jury a typewriter and mimeograph machine. The fruits of police raids on the offices of several organizations affiliated with the Communist Party, the machines were used to produce the YL’s leaflet, he told the grand jury, according to stories in HT, NYP, Am, DN, NYT. (The mimeograph machine was taken from the Nurses and Hospital Workers League, the organization which employed one of the men arrested for trying to speak in front of Kress’ store, Daniel Miller, the NYP and Am reported). According to the DN, after the grand jury examined that material, “Dodge said arrests might be expected momentarily.” There are no reports of any arrests related to the leaflets.
Mayor La Guardia did not echo the DA and Police Commissioner in directly blaming Communists for the disorder. While the statement he issued that was distributed and displayed in Harlem the evening after the disorder followed the same police narrative, and mentioned the leaflets, it did not present them as triggering the disorder. Instead, they were used to characterize those responsible: “The maliciousness and viciousness of the instigators are betrayed by the false statements contained in mimeographed handbills and placards.” That statement indirectly implicated the Young Liberators and Communist Party, who had signed the leaflets (as the DW noted, 3/21). However, the circular presented the disorder as “instigated and artificially stimulated by a few irresponsible individuals,” who went unnamed. Questioned by journalists, La Guardia "would not say whether he agreed with the police that the instigators were Communists," the New York Herald Tribune reported.
Newspaper stories about the MCCH public hearing treated the testimony regarding the time at which the leaflets appeared in a variety of ways. The HT and an editorial in the AN highlighted how that testimony undermined what police said in the aftermath of the disorder. “Reds' Handbills Are Cleared As 'Chief Cause' of Harlem Riot” was the headline of the HT story [3/31, 1], which reported that “The committee learned that the circulars did not appear on the streets until 8:30 p. m., fully two hours after the worst of the rioting was over. Therefore, the committee was asked by Communist lawyers to conclude that the literature could not have been a cause of much loss of property or life.” The title of the AN editorial, “The Road is Clear,” described the testimony that “The much-publicized Young Liberator pamphlets, carrying the false reports, did not appear on the streets until two hours after the worst rioting was over” as “one important fact” established by the MCCH. “With the red herring out of the way,” the editorial went on, “the investigating body can set out to probe the basic factors which really precipitated the riots - the discrimination, exploitation and oppression of 204,000 American citizens in the most liberal city in America. The NYA, HN, and NYT reported the testimony on when the leaflets appeared without addressing the implications of that evidence for the police narrative of the disorder. The Am and Daily News mentioned other aspects of Taylor’s testimony about the leaflet, but not when it was distributed, with the Daily News continuing to describe the leaflet as having "brought the riot into being." No mention of testimony about the leaflet appeared in stories about the hearing in the WT, TU, NYP, and NYEJ. In other words, the anti-communist Hearst newspapers that had given the most attention to the leaflets did not respond to the testimony at odds with their narrative.