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Public Hearings - Outbreak (March-April 1935), 24, 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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2021-03-31T23:51:12+00:00
Picketing in front of Kress' store
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2022-08-01T19:18:52+00:00
Around 6.45 PM, three men arrived at the sidewalk of West 125th Street in front of Kress’ store carrying placards and began walking back and forth, picketing the store. The photograph from the Daily News of the front of the store taken on March 21 below shows the area the men would have walked, and the wide sidewalk which would have allowed other people to still move past the store or gather in front of it.
About thirty minutes earlier a window in the store had been broken as Daniel Miller had tried to speak from a ladder on the same stretch of sidewalk, after which he been arrested by Patrolman Timothy Shannon. The three men who walked the picket line were nineteen-year-old Sam Jameson and nineteen-year-old Murray Samuels, both unemployed white men, and Claudio Viabolo, a thirty-nine-year-old Black man. "We were picketing in front of the store. I heard that a child had been killed inside. I thought it ought to be called to the attention of the public, about the child being killed," an unnamed Black man, presumably Viabolo, explained when questioned the next day during a police line-up of those arrested reported in the New York Sun. However the signs the men carried referred to a beating not a killing, reading “Kress Brutally Beats and Seriously Injures Negro Child and Negro Women. Negro and White Don’t Buy Here” and “Kress Brutally Beats Negro Child."
Jackson Smith, the manager of Kress’s store, summoned to the front door earlier when James Parton had set up the stepladder that Miller climbed to speak, told a public hearing of the MCCH that he was still there when the three men began to picket. Louise Thompson testified in an earlier public hearing that she encountered the pickets on her return to the front of the store after being pushed east by police after the arrest of Miller, and witnessing the arrest of Harry Gordon about 300 feet from the store. Patrolman Timothy Moran, who had been stationed across West 125th Street from the store when the window was broken and Miller arrested, told a public hearing that “three other men with placards draped over their shoulders” arrived a few minutes after those events, and began walking up and down in front of the store.
The police officers stationed at the store had been instructed to “keep the crowd moving in from of the store, Moran testified. They were likely standing in a similar location to those in the above photograph of Kress' store on March 21. An officer “told or asked [the men] to stop marching in front of Kress’” and when they did not leave “after about five minutes," police arrested them for unlawful assembly. Sgt Bauer testified he was involved in the arrest, as again was Patrolman Shannon, who had arrested Miller and was recorded as the arresting officer. “The police took the placards and pushed the people carrying them into the vestibule,” Jackson Smith told a public hearing. By 7:00 PM, crowds around Kress’s store had been pushed to 8th and 7th avenues.
A second version of the placard that read “Kress Brutally Beats Negro Child,” photographed for the Daily News in an image available at Getty Images, had “Young Liberators” added at the bottom. That organization, which had ties to the Communist party, had led a successful boycott campaign in 1934 to force the Empire Cafeteria to employ Black workers. The appeal not to shop at Kress’s store on one sign evoked that campaign and the more extensive boycott campaign undertaken by a coalition of Black organizations that had made pickets in front of stores on West 125th Street a familiar sight in 1934. More broadly, the Young Liberators were “a group of young people who are struggling for Negro rights,” Joe Taylor, the organization's president, told a public hearing of the MCCH, with about 140 black and white members. A Black man came to their nearby office, at 262 Lenox Ave near 126th Street, about 5 PM, and said “Did you know that a Negro boy had been beaten nearly to death in the Kress store?” [30] Taylor did not, and went to investigate, arriving after Kress’ store was closed. He then went to the police station on West 123rd Street before returning to West 124th Street. Later Taylor went to an address he heard was the home of Lino Rivera, but could find out nothing. Back at the office, other members of the Young Liberators produced a leaflet that was distributed on West 125th starting around 7.30 PM. Headed “Child Brutally Beaten. Woman Attacked By Boss and Cops = Child near Death,” the final line urged people to “Join the Picket Line.” That reference to a picket line provided further evidence that the men arrested for picketing came from the Young Liberators. The first public hearing of the MCCH devoted time to establishing who had produced that leaflet and when it was distributed. Since the leaflets did not appear on the streets before 7.30 PM, the MCCH Final Report concluded that the actions of the Young Liberators “were not responsible for the disorders and attacks on property which were already in full swing.” [5]
The place of the picketing in the sequence of events outside Kress’ was described most clearly in testimony given in the public hearings of the MCCH. However, those details did not become well known as neither the MCCH Subcommittee nor final reports mentioned the picketing. Those narratives included only the two men arrested for trying to speak in front of the store, Miller and Gordon, who were not named. Newspaper stories truncated and confused the events established in the public hearings, as police told reporters that Jameson, Samuels and Viabolo had arrived and acted together with Miller and Gordon to cause the disorder.
The most common version of that narrative had the group picketing the store before Daniel Miller attempted to speak. The New York Times, NYS, NYEJ, Am and DW all published stories with that chronology, with different descriptions of who was involved. The New York Times reported "Two white and two Negro pickets paraded back and forth in front of the store, bearing placards of the Young Liberators League with the inscription: “Kress Brutality Beats Negro Child” and “Kress Brutality Beats and Seriously Injures Negro Child.” The NYS used similar phrasing: “a group of agitators, two white and two Negroes, arrived in front of the establishment and took up picket posts carrying placards of the Young Liberators League, which shouted in type that "Kress brutally beats and seriously injures Negro child."” The Hearst newspapers, the NYEJ and New York American, identified Samuels, Jameson and Harry Gordon as picketing, and omitted Diabolo or any mention of Black men among those carrying placards. The DW more vaguely referred to an unspecified number of Young Liberators forming a picket line. The NYA [3/23] substituted Gordon for Miller but otherwise followed the same narrative in which “several Communist leaders gathered and began a picket movement before the store,” before Gordon was arrested for “addressing a group” and Samuels and Viabolo arrested for “acting in concert with Gordon.” The arrests of Jameson, and Miller, were reported separately without any details of the circumstances.
The consistent reporting of what was written on the placards likely resulted from police displaying them to reporters as well as photographers, with images published in the New York Evening Journal (and taken by the Daily News). The Daily Mirror did describe a placard that read, "Avenge the death of this little colored boy!" Given that the photographed placards, and the leaflet distributed by the Young Liberators soon after the picket, refer to a beaten boy, that placard is likely an invention that fitted the sensationalized tone of the tabloid's reporting. However, stories in the HN and NYA (3/30) about the men’s appearance in the Harlem Magistrates Court the next day, had them distributing placards not picketing, placards which read "Kress store is resorting to lynching.” Jackson Smith, the manager of Kress’ store, told a public hearing of the MCCH [8] that he saw a placard that read “Kess brutally beats Negro child.” Patrolman Moran’s testimony was less certain: “As I can recall, they referred to a child being beaten in Kress in earlier part of the afternoon.”[62].
Several of the narratives that mistakenly had the three Young Liberators picketing before Miller spoke also included inaccurate accounts of the circumstances of the men’s arrests. The New York American and the NYEJ had Jameson and Samuels, together with Gordon, going to Miller’s aid when Patrolman Shannon arrested him. Viabolo was missing from the NYEJ story and appeared in the Am’s narrative as a bystander who also obstructed Miller's arrest. The NYT simply reported that the arrest of Jameson, Samuels and Viabolo came “later,” after Miller spoke. The DW did not report specific arrests, but rather that “police broke up the picket line, arresting the leaders.”
Mentions of the picketing were vaguer and more fragmentary in the AA, HT, DN and NYP. The AA reporter who arrived in front of Kress store around 7.14 PM noted that before he “got on the spot, the screaming of the girl and the flying rumors had brought forth four youngsters, three white, with sandwich signs telling of '‘Boy Brutally Beaten.”” “[F]rom somewhere pickets had appeared," the NYHT reported, "bearing placards reading: "Kress Brutality Beats Negro Child.” Neither story mentioned the arrest of those picketing, although the HT story later noted that “Police Seized members of the mob who appeared to be its leaders as they drove it back.” Neither of the other two stories described picketing. The DN came closest, reporting “the Young Liberators marched through various streets with red and black smeared placards on which in tremendous letters was the legend: "CHILD BRUTALLY BEATEN: WOMAN ATTACKED BY BOSS AND COPS: CHILD NEAR DEATH." The NYP, while naming the three men among those arrested, described them only as speaking to the crowd.
Unlike those initial stories, newspaper stories about proceedings in the Harlem Magistrates Court on March 20 consistently grouped Viabolo with the four white men arrested in front of Kress’ store. Police presented the five men as a group first in a line-up before they were taken to court, the New York Herald Tribune reported, and then at the courthouse. In stories on the court appearances, the Am, HN, NYHT, and NYT all described the men as the "ringleaders" of the disorder, which was likely the term police used. When Jameson, Samuels and Diabolo were arraigned with Miller in the Harlem Magistrates Court on March 20, the charge recorded in the docket book for all of them was riot. Assistant District Attorney Carey requested each man be held for a hearing on March 23, on the maximum bail of $2500. When the four men returned to court, the charges against them were dismissed as the grand jury had already sent them for trial. While the Magistrates Court docket book recorded the deposition of each of the men's cases as "Dism[issed], def[endant] indicted," the grand jury had actually voted informations against them not indictments, sending them for trial on misdemeanor charges in the Court of Special Sessions not felony charges in the Court of General Sessions. The men's trial did not take place until June 20. After hearing evidence that that a crowd had collected in front of Kress' prior to the men arriving, the men's ILD lawyers moved to have the charges dismissed, the New York Amsterdam News and Daily Worker reported. The judges granted that motion, and freed the four men.
Claudio Viabolo’s name was spelled in a variety of ways in these sources. Viabolo is used here as it was recorded in the Harlem Magistrates Court docket book, and in stories about his appearances in the Harlem Magistrates Court published in the 1935_03_30_AA_12; 1935_03_21_NYDN_3; 1935_03_25_NYP_3; 1935_03_21_NYHT_2; 1935_03_21_American_2; 1935_03_21_HN; 1935_03_25_NYS_2; 1935_03_21_NYT_1; 1935_03_21_American; 1935_03_30_NYA_1; 1935_03_22_NYP_1. The name was spelled Diabolo in the list of those arrested in the disorder published in the AA, AW and NJG, and stories in 1935_03_20_WT; 1935_03_20_NYJ_1. In the edition the NYA rushed to print on March 23, the name was Bilo. In the DW 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 1935_03_20_NYJ_1; 1935_03_20_NYT_1; 1935_03_20_NYP_1; 1935_03_20_NYHT_1; and stores about court appearances published in the 1935_03_21_HN; and 1935_03_25_NYS_2. The name was spelled Jamieson in the 1935_03_20_NYDN_6; 1935_03_21_NYDN_3; 1935_03_27_AW_1; 1935_03_30_NJ&G_18; 1935_03_20_American_1;.
Historians’ descriptions of the protests outside Kress’ store follow the narrative provided by police, treating all those arrested as part of a single group. That framing implicitly introduces the idea that the disorder was orchestrated by those men, while offering no details of how the crowds of women and men around them acted to weigh against that evidence. Weight is added to that implication by the failure to fully identify the men involved in the protests. While Cheryl Greenberg and Lorrin Thomas do not identify the men, Mark Naison, Thomas Kessner, Marilynn Johnson and Nicole Watson describe them as members of the Young Liberators. None of those historians 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 Nicole Watson, however she did not identify the men in front of the store as members of the Young Liberators. Neglecting their race makes those men appear more representative of the crowd than they were, particularly in Greenberg and Watson’s narratives, which do not identify they as Young Liberators. Naison, Kessner, Greenberg, Thomas, Johnson and Watson all follow the chronology that has the picketing begin before the speakers were arrested. Grouping the men places an organized Communist protest at the center of the outbreak of disorder, and makes the window being broken and the men’s arrest a response to the feeling they built in the crowd. Recognizing that the protests occurred in a less coordinated way highlights that police responded immediately to any sign of protest, not just to a window being broken. They may also have acted so quickly because they recognized the men as Communists; the men’s language and appeals would have given them away. Communist protest in Harlem, and across the city, drew violent responses from police throughout the early 1930s. Recognition of the fragmented nature of the protests and the identity of those involved directs attention away from those events to the crowds of Black men and women around them. Crowd members gathered in groups, talked among themselves, sought answers from police about what had happened to the boy, and responded to police efforts to clear the street. Rather than organized or orchestrated by the Young Liberators, those behaviors appear more spontaneous, in line with the interpretation offered in the MCCH’s final report.
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2020-02-24T22:38:05+00:00
Two men speak to a crowd & Patrolman Irwin Young assaulted
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2022-08-01T15:30:44+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 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 to 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, briefly speak to the crowd, and then Daniel Miller step 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 is the only source that mentioned the nature of the assault, 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 is 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 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, offering 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, for allegedly 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 testified in a public hearing of the MCCH that he was grabbed from behind, and then “a rain of blows descended on me such that I have never experienced before," in response to which he was able to 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. NYA (3/23?) 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.” NYP more briefly described Gordon, Miller and the two other white men as having been arrested for “haranguing crowds, urging them to fight.” The DM identified Gordon as a speaker, describing him as “a “Red” orator,” but with no details of circumstances of his speaking or arrest. The WT included Gordon in a group obliquely described as being arrested for being “Communist agitators.” [AA, HN, DN mentioned speakers but did not name them, and the NYS did not mention Gordon]
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 YLs, and battled Patrolman Shannon and two other officers before also being arrested, according to the New York American and NYEJ. 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 NYS, in a story about a line-up of those arrested, Am, and AN, which had him picketing the store. Four other papers did not mention the assault charge: the DM described Gordon and the others grouped with him as “curb-stone orators who had deliberately incited the 125th St. mobs;” in the HN the charge was inciting a riot, for “making a speech in front of Kress’ store;” in the DN it was an unspecified “separate charge” from that made against the other men, which was inciting riot; and in the NYEJ 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 were generally not reported. Only the WT and Am mentioned his appearance on March 25, with no details of his alleged offense. The NYT 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 HT 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 NYT, NYA and ANP 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 Am and AA 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 DW on March 30, reflecting his association with the CP. Reporters for the NYEJ had been unable to locate him. When the DW’s reporter spoke to Gordon, “his left eye still black from the police beating more than a week ago.” However, in a DN 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 YL 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 the March 25, and then again to March 27. While Miller and the three Young Liberators that police grouped with Gordon as the instigators of the riot appeared before the grand jury before being transferred to the Court of Special Sessions, the ADA reduced the charge against Gordon to misdemeanor assault in the Magistrates Court, with his IDL 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. There is no information of the outcome of his trial.
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 they 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 among themselves, sought answers from police about what had happened to the boy, and responded to police efforts to clear the street. Rather than organized or orchestrated by the Young Liberators, those behaviors appear more spontaneous, in line with the interpretation offered in the MCCH’s final report.