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Public Hearings - Outbreak (March-April 1935), 56, 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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- 1 2022-09-03T23:51:48+00:00 Anonymous Public Hearings - Outbreak (March-April 1935), Subject Files, Box 408, Folder 8 (Roll 194), Records of Mayor Fiorello H. La Guardia, 1934-1945 (New York City Municipal Archives). Anonymous 3 plain 2022-10-11T21:11:41+00:00 Anonymous
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2021-12-20T20:08:38+00:00
Frank Wells arrested
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2022-07-12T19:08:30+00:00
Around 8.50 PM, Officer Henry Eppler of the 48th Precinct arrested Frank Wells, a twenty-six-year-old Black man, for allegedly "hurling an automobile hub through a cafeteria window on 125th Street," according to a story in the New York Herald Tribune. Eppler was stationed in front of 207 West 125th Street, he testified in a public hearing of the MCCH; that was the address of the Willow Cafeteria, which appeared in several newspaper lists of damaged businesses. Eppler had arrived on Emergency Truck #5 about 7.15 PM, and initially was stationed on 124th Street between 7th and 8th Avenues, at the rear of Kress' store. By that time the crowds that broke the store's rear windows were gone and he testified that the street was quiet, so the truck drove on to West 125th Street. At that time, police were establishing a cordon around Kress' store; around the time Eppler arrested Wells a crowd reportedly broke through that cordon on to this block of 125th Street. Wells lived near 125th Street at 155 West 123rd Street, near the corner of 7th Avenue, so could have been drawn to the noise and crowds around Kress' store early in the disorder, when store windows on 125th Street were broken.
A New York Herald Tribune story reported Wells was "locked up at West 123rd Street station," the charge against him "to depend on value of the window." That determination was necessary as malicious mischief, the offense involving damage to property that was the charge most often made against those alleged to have broken windows, was a felony if the damage was more than $25. Only the Daily News list of those arrested reported that charge against Wells. The charge was inciting a riot in the list published in the Afro-American, Atlanta World, Norfolk Journal and Guide, assault in the list published in the New York Evening Journal, and disorderly conduct in the list published in the New York American. Wells did not appear in the 28th Precinct Police blotter, perhaps because of how early in the disorder he was arrested. On March 20, when Wells appeared in the Harlem Magistrates Court, one of the last arraigned after being one of the first arrested, the charge recorded in the docket book was disorderly conduct. He appears to have been one of a small number of those arrested to be represented by a lawyer: "Ed Kuntz, 100 5th Ave." was the attorney recorded in the docket book. Edward Kuntz, a lawyer with the International Labor Defense, also represented Daniel Miller, Sam Jamison, Murray Samuels and Claudio Viabolo, the men arrested for picketing in front of Kress's store immediately before the disorder began, in the Court of Special Sessions, and questioned witnesses in hearings of the MCCH commission. That representation indicated that Wells was associated with the Communist Party. So too did the involvement of another ILD lawyer, Isidore Englander. At the Harlem Magistrates Court Englander "found out Frank Wells was arrested," he testified in a public hearing of the MCCH. When he got access to Wells, he claimed he found "his head was bandaged, his shirt was red with blood, he could not stand on his feet." At an earlier hearing, Kuntz had tried to ask Patrolman Eppler about the claim that police had beaten Wells "on the streets," but had been prevented by the District Attorney's instruction that police officers testifying in the hearings could not reveal any evidence they would give in a pending case.
Investigating the case against Wells took an unusually long time. He returned to court on March 26, at which time his bail was set at $500. A note on the docket book appears to indicate that someone put up that bail, likely a Communist Party organization. Wells returned to court a further five times, according to the docket book, on April 9, 12, 17, 18, and finally on April 20, when he was convicted and sentenced to thirty days in the Workhouse. -
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2021-11-12T21:22:43+00:00
Willow Cafeteria windows broken
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2022-07-12T19:11:14+00:00
Around 8.50 PM, Officer Henry Eppler was stationed in front of the Willow Cafeteria at 207 West 125th Street, he told a public hearing of the MCCH, where he would have been part of the cordon police established around Kress' store. He allegedly saw Frank Wells, a twenty-six-year-old Black man, throw a automobile hubcap at the window and break it. Opposite the McCrory department store, the restaurant was at the western end of the building at the intersection of West 125th Street and 7th Avenue. All the businesses in the building to the east of the store had windows broken; the General Stationery & Supplies store, Savon Clothes store, Young's Hats, Minks Haberdashery, and the United Cigar store on the corner. Only Young's Hats was reported looted.
Windows were broken in large numbers of businesses on this block of West 125th Street, where police clashed with crowds gathered in front of Kress' store. Two newspapers reported very extensive damage. "Practically every store window on the block had been shattered by 10 PM, according to the Home News; that damage was both less extensive and took longer in the New York Herald Tribune story: "By midnight one or more windows had been smashed in almost every storefront" on that block between 7th and 8th Avenues (although in another mention of that damage in the story it had been done by 8 PM). The Willow Cafeteria was one of seven businesses identified as having broken windows by the New York Herald Tribune, New York American, and Daily Mirror. No reason is given in those stories for why that mix of businesses were singled out. They were not just the largest stores, although the Blumstein and McCrory's department stores were included, together with the W. T Grant 5 & 10c store in the New York American and Daily Mirror. The United Cigar store spanned several storefronts on the corner on West 125th Street and 7th Avenue, but the other stores, Scheer's clothing store Young's Hats, and the Conrad Schmidt music shop identified in the New York American and New York Herald Tribune, did not have similarly large displays. All the stores identified by these newspapers were located between Kress' store at 256 West 125th Street and 7th Avenue, so may have been the damaged stores that reporters could see. Willow Cafeteria store was also one of the nineteen businesses on this block with broken windows listed by a reporter for La Prensa who walked along West 125th Street on the day after the disorder. That list included businesses west of Kress' store.
Only the New York American provided an address for Willow Cafeteria, 207 West 125th Street. The MCCH business survey taken between June and December 1935 located the white-owned business at 209 West 125th Street. However, the Tax department photograph of that building taken between 1939 and 1941 shows that the Cafeteria was one building further east, its sign partly visible beyond the canopy over the entrance to the Harlem Opera House. The cafeteria sign is also partly visible on the left in the Tax Department photograph of 2100-2106 7th Avenue.
Eppler's testimony in the public hearing is the only evidence that specifically associates Wells with the Willow Cafeteria, which he identified by address not name. A story in the New York Herald Tribune did say Wells had been arrested for allegedly "hurling an automobile hub through a cafeteria window on 125th Street," but did not name the cafeteria. On March 20, Wells appeared in the Harlem Magistrates Court, one of the last arraigned after being one of the first arrested. The docket book recorded the charge against him as disorderly conduct not malicious mischief, the offense involving damage to property that was the charge most often made against those alleged to have broken windows. That charge suggests that Wells did only limited damage to the window. He returned to court on March 26, at which time his bail was set at $500. Wells returned to court a further five times, according to the docket book, on April 9, 12, 17, 18, and finally on April 20, when he was convicted and sentenced to thirty days in the Workhouse.