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Public Hearings - Outbreak (March-April 1935), 41, 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 establish perimeter around Kress' store
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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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8:30 PM to 9:00 PM
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As people in the groups around the northeast corner of 125th St and 7th Avenue began to throw rocks at the windows of the Herbert’s Blue Diamond Jewelry store, store staff rushed to remove the merchandise from the window displays. Businesses on 125th Street remained opened until late in the evening, so there were staff in all the stores whose windows were being broken. Some of those staff may also have cleared the window displays in their store; they almost certainly did what the Herbert’s jewelry staff did after emptying the windows -- gathered in the rear of the store, away from the objects coming through the windows. Outside, nearby police moved to disperse the people around the store, another clash in which twenty-eight-year-old Andrew Lyons may have been hit on the head by a police baton, an injury that would eventually be fatal. Several patrolmen armed with rifles, which identified them as crew from emergency trucks, took up positions in front of the broken windows. They remained there, guarding the store, throughout the disorder, protection that few businesses received. Newspaper photographers recorded the presence of those officers and the damage to the store’s windows. Large holes could be seen behind a patrolman in one image, and an equally large section of smashed glass in the other photographed window, indications that multiple objects had hit the store. However, only some of business’s extensive expanse of display windows suffered such damage before police intervened, and no merchandise was taken. As a result, Bernard Newman, the store manager, was one of the very few Harlem business owners “deeply impressed with the police” handling of the disorder.
As police moved to protect Herbert’s jewelry store, at the opposite end of the block in front of the Kress store, Patrolman Gross arrested James Smitten, a twenty-six-year-old Black man, for allegedly assaulting a twenty-four-year-old white mail clerk named William Kitlitz. There were no details of the alleged violence other than the men’s injuries, bruises on Kitlitz’s face and cuts on Smitten’s scalp — although Smitten’s injuries might have come after his arrest, at the hands of police. As one report of Kitlitz’s injury described him as “beaten on head,” Smitten may have hit him — or he may have been hit by the rocks being thrown at store windows at this time. Both men lived within a few blocks of 125th Street, Smitten on 123rd Street to the south and Kitlitz on St Nicholas Avenue to the west, close enough for them to have heard rumors about a boy being beaten or killed, or to have been shopping or going to a theater. While white men and women like Kitlitz who visited 125th Street had not been targets of the complaints of the groups gathered on the street in the preceding hours, they were implicated in the broadening anger that Louise Thompson and Carlton Moss had recently begun to hear from some of those on 7th Avenue. If Smitten did assault Kitlitz, he may have been acting on calls like the one heard by Moss, to “Run dem white folks outa Harlem." However, with no record of the outcome of his arrest, there is no basis for assessing the validity of the charges against Smitten. After Patrolman Gross arrested Smitten, he took him the short distance to the police station on West 123rd Street and called for an ambulance from Harlem Hospital, which arrived at 8:45 PM, to treat his injuries.
Soon after Smitten’s arrest, Captain Conrad Rothengast joined the police in front of the Kress store. Telephoned at home by his office, he came straight to Harlem, in plainclothes not his uniform. On 125th Street he found groups of people, around 250 in total, “trying to get close to [the] Kress store.” Speaking to several women, he was told that “a young colored boy had been beaten.” Rothengast told them that “was not so,” but to his frustration they did not accept what he said. “It was impossible to reason with most of them. It was impossible to do anything with them.”
Further east, at 7th Avenue, mounted police and patrolmen continued to move people away from 125th Street. Louise Thompson, part of a group in front of the branch of the Chock Full O'Nuts restaurant chain on the southwest corner, watched as police repeatedly pushed people back from the corner. However, the officers could not move them as far as the entrance to the Hotel Theresa midway down the block of 7th Avenue to the south. Like other businesses on 125th Street, the Chock Full O'Nuts remained open for business at this time – and for some time longer, as Thompson later went into the “Nut Store.” The restaurant, like its neighbors, also had windows broken sometime during the disorder, some perhaps at this time.
Even as police struggled to keep groups of people off the corners of 125th Street, they did prevent any from going along the street to the Kress store. Around 8:45 PM, some groups began instead to move up 7th Avenue to the north, a decision that Thompson attributed to police not allowing them on to 125th Street. Carlton Moss decided to follow one of those groups, about twenty men, women and children, up 7th Avenue, and watched as they broke windows in stores. Unlike on 125th Street, there were Black-owned businesses on 7th Avenue. While the block between 125th and 126th Streets housed only white-owned businesses, in the next block to the north seven of the twenty stores at street level had Black owners. That proportion increased to eleven of twenty stores a block further uptown. Those businesses were not targeted by the groups of Black men and women who focused their attacks on white-owned stores – although Moss did see “some ill-directed missels [sic] crash colored owned shops.” The “resentment” felt by those breaking windows had shifted from the rumored specific incident of violence by the staff of the Kress store against a boy to the white control of Harlem’s businesses, of which the boy’s fate was just the latest consequence.
Many of the stores on 7th Avenue were still open for business, like their competitors on 125th Street. As rocks broke the windows of Jack Sherloff’s small jewelry store midway between 125th and 126th Street, he jumped into the window display and began throwing merchandise back into the store. He was soon hit himself by objects thrown at the windows, or perhaps directly at him, as his clerk, John Wise, watched from inside the store. Eventually Sherloff was injured badly enough that Wise pulled him back inside. While merchandise was taken from the store, that likely did not happen until later given that only windows were being broken in nearby stores at this time. Across the street, almost opposite Sherloff’s store, tailor Max Greenwald had a similar experience, likely around the same time. When bricks starting hitting the windows of his store, he shut off the lights so he was not “such a good target,” and began moving merchandise from the window into the store. Greenwald was able to move “a lot of merchandise” before so much material was being thrown through the windows that he decided it was too dangerous to continue. He then retreated inside the store, avoiding the injuries suffered by Sherloff. A shoe store on this block several buildings closer to 125th Street than Sherloff’s store that had windows broken during the disorder was also likely attacked around this time.
At the same time, windows were being broken in stores two blocks further north, between 127th and 128th Streets. On the west side of the street, where five of the seven businesses were white-owned, both J. P. Bulluroff’s grocery store on the corner of 127th Street and K. Percy’s tailor and cleaning store in the middle of the block had a window broken around 8:45 PM. A few minutes later, as Lewis Eisenberg and three of his staff finished changing the window display and began cleaning up inside his auto equipment business next to Percy’s store, they “heard a terrific crash at the front door” as a window broke and saw an “angry crowd” on the street. Unlike Sherloff and Greenwald and their neighbors on this block, Eisenberg and his staff did not try to protect merchandise or remain in the business. Instead, they left out a rear exit into the backyard. From there, the men made their way to the street and hailed a taxi to get them out of Harlem. As they drove away, Eisenberg saw one window broken in his store. Even without any apparent police presence to deter those throwing rocks at the store windows, there was not a sustained or systematic attack on the stores in this area. Nor were windows targeted repeatedly at this time. Additional windows would be broken in these stores, but not until sometime later. These attacks did not appear to be the actions of a large crowd acting together, but of small groups and individuals. Police still concentrated on 125th Street did not respond to these windows being broken.
At least some Black storeowners and staff reacted differently than their white counterparts to the windows in their businesses being attacked. One of the owners or staff of the Black-owned Cozy Shoppe restaurant in the building next to Percy’ store, on the southwest corner of 128th Street, wrote “Colored Shoppe” on one of the business’s windows. None of the restaurant’s windows were broken during the disorder, even as all the white-owned businesses on that block had windows broken. Across the street, on the southeast corner of 128th Street, the owner of Black-owned Williams Drug Store or his niece, his only staff member, responded the same way, painting “Colored Store, Nix Jack” in each of the two window panes that faced 128th Street. That message likely went up after the front windows of the drug store were broken sometime during the disorder. Only recently opened, the drug store may not have been widely known to be a Black-owned business. The windows on which the sign was painted were not damaged. In Battle's Pharmacy on the northeast corner of 128th Street across 7th Avenue from the Cozy Shoppe, the staff did not follow their neighbors in putting up signs to identify it as Black-owned. It had been open for three years, but it too had windows broken.
Even as some groups left 125th Street and windows were broken on 7th Avenue, individuals did get through the police perimeter to break windows on 125th Street. Around 8:50 PM, a window was broken in the Willow Cafeteria at 207 West 125th Street, at the western end of the building that occupied the northwest corner of 7th Avenue. The presence of Patrolman Eppler, a member of the crew of Emergency Truck #5 stationed in front of the cafeteria at this time, did not protect the business from damage, but he did arrest Frank Wells, a twenty-six-year-old Black man, for breaking the window. Wells lived nearby, on 123rd Street near 7th Avenue, two blocks to the south. He may have been on 125th Street as part of the protests by the Young Liberators and other Communist Party affiliated organizations, as he was later represented by an ILD lawyer. Wells may not have actually broken the cafeteria window but instead have been picked out of a group on the street by Eppler given that the offense with which he was later charged was not breaking windows.