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Public Hearings - Outbreak (March-April 1935), 57, 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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2022-06-16T19:24:46+00:00
Police establish perimeter around Kress' store
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2024-06-11T22:23:15+00:00
After Inspector Di Martini returned to 125th Street around 7:00 PM, he called for police reinforcements. A New York Evening Journal story celebrated the response as “the most remarkable 'military' feat in the history of the department.” That portrayal was certainly how the police department would have sought to present the deployment. However, the arrival of additional officers appears to have taken longer than the story allowed, and to have been focused on establishing a perimeter around Kress’ store. The piecemeal arrival of reinforcements made that a protracted process. As police struggled to keep crowds away from Kress' store, those clashes served to disperse crowds along the avenues rather than stopping the violence. Unable to prevent windows being broken in businesses on 125th Street, police had to guard damaged stores, limiting the officers who could be deployed on the avenues. Guards appear to have prevented looting; they did not stop additional windows being broken. After crowds broke through on to 125th Street around 10:30 PM, there are only two further incidents in that area during the remaining disorder, an alleged assault on a woman and a shooting, both at the intersection of 125th Street and 7th Avenue. Although other incidents whose timing is unknown may have occurred during that time, the evidence suggests that police perimeter held through that period.
The New York Evening Journal story lauding the police response reported “a small army of 700 police was beating back the rioters” on 125th Street between 8th and 7th Avenues. That number likely reflected the total deployment rather than the force that set up the perimeter around Kress’ store. It was in line with the number Di Martini reported to the police commissioner were in Harlem after midnight and fell between the totals reported by newspapers, with the 1,000 officers mentioned by the Daily Mirror at one extreme, and the 500 officers reported by the Home News and New York Herald Tribune representing the other end of the range. While the officers coming from beyond the local precincts went initially to 125th Street, Lt. Battle later told Langston Hughes that the reserve officers from Harlem's precincts went to their stations, on West 123rd Street and West 135th Street. Some of those officers may have been sent directly to other areas of Harlem, particularly those who arrived later in the evening.
The perimeter established by police extended from 8th to Lenox Avenues, and from 124th to 126th Streets, according to stories in the New York Times, Daily Mirror and Pittsburgh Courier, the only sources that described police deployments. While Inspector Di Martini had summoned the reinforcements, the newspapers credited that deployment to Deputy Chief Inspector McAuliffe, who commanded uniformed police in the borough of Manhattan, and would have taken over from Di Martini when he arrived around 9:00 PM. The department’s emergency trucks attracted the most attention in newspaper stories, presented as the anchors of the police cordon. Six emergency trucks were stationed at the intersection of West 125th Street and 7th Avenue in the strategy reported by the New York Times, Daily Mirror, and Pittsburgh Courier. Emergency trucks were more dispersed according to the New York Herald Tribune; two at West 125th and 7th Avenue, one at West 125th and Lenox Avenue, and one at West 127th and 7th Avenue.
The Emergency Services Division had succeeded the police department’s Riot Battalion in 1925. Each truck had a crew of eight officers and, in addition to rescue equipment, carried a Thompson machine gun, three Winchester rifles, and a Remington shotgun, as well as a tear gas gun, for use against "disorderly crowds." The twenty-two trucks in the department in 1935 were dispersed throughout the city. While the two located closest to 125th Street arrived relatively quickly, additional trucks would have taken significantly longer. Squad #6 was based on East 122nd Street, and had been involved in clearing shoppers from Kress’ store earlier. Squad #5, based on Amsterdam Avenue, arrived around 7:15 PM, according to Patrolman Eppler. The New York Evening Journal identified trucks as coming from Kingsbridge in the Bronx and from Coney Island at the southern end of Brooklyn, the latter apparently arriving later: “It slithered perilously over wet streets but arrived in time for its crew to get into action.” The Brooklyn Daily Eagle identified another squad from Brooklyn, Squad #16 from Herbert Street, as having crashed returning from Harlem, at 1:00 AM (a time when there was still significant disorder). Thompson did not mention the trucks. Neither did trucks appear in any of the published photographs of the disorder. Some of their crew did, identifiable because the rifles they carried — described as “riot guns” in newspapers stories and photograph captions — caused them to stand out from other police. They did not, however, have a machine gun that needed to be “set up,” as the Afro-American reported: each truck instead carried a single hand-held "Tommy gun." Nor were the trucks equipped with enough of those weapons for all the crew to have one. And there are no reports that they used tear gas. Those weapons prompted several newspapers to use martial language in stories about the squads’ activities. The New York Evening Journal story on the police reinforcements described Harlem as a “seething battleground,” and the police as “beating back the rioters in a savage and organized attack.” An emergency truck from the Bronx “leaped off the machine and tore into a crowd of window smashers” (perhaps at Herbert’s jewelry store at 125th Street and 7th Avenue, where another New York Evening Journal story described a similar scene). The Daily Mirror described emergency trucks as "being sent to the battle zone."
The other evidence of the presence of emergency trucks placed them in less warlike roles. Newspaper photographs show their crew among the officers who guarded damaged stores. A patrolman with a riot gun stands in front of Herbert’s jewelry store on northeast corner of 125th and 7th Avenue in a photograph published in the Burlington Free Press. Stories in the New York Evening Journal and New York Herald Tribune described police with riot guns guarding the store (the Daily News, New York American, and Home News described the officers simply as patrolmen). Another patrolman with a riot gun was photographed on the corner across 7th Avenue from the jewelry store. The image published in the New York Evening Journal is narrowly focused on the officer, whereas another version of that image published in the Daily Mirror shows a Black man walking past him, and the image published in the Daily News shows several Black men and women walking by on the sidewalk, evidence of the continued presence of people around 125th Street. Two additional patrolmen, one visibly carrying a rifle, stand in front of Sherloff’s jewelry store, just a few buildings north of the intersection, in an AP photograph published in the Los Angeles Times. Taken together, the images suggest that the crew of at least one Emergency Truck guarded stores at the intersection. Captain Rothengast, Patrolman Moran, and Patrolman Eppler told the MCCH that they also guarded other stores on 125th Street, including Kress’ store. A photograph published in the Daily News shows a patrolman talking through a broken window with a man inside a store on 125th Street. Again, Black men and women are visible in the background on the sidewalk in the background, their presence indicating that police had not closed the streets.
The police perimeter appears to have focused on keeping crowds off 125th Street, not individuals and small groups. In addition to those visible in photographs, Captain Rothengast described seeing "groups of people in 125th Street – no more than 250" when he arrived at Kress’ store around 8:30 PM. A story in the Home News also reported that “In an effort to keep traffic moving, police permitted pedestrians to walk through 125th St. The sidewalks on both sides of the street were crowded.” Patrolmen Moran and Eppler testified that at least some of those people approached police guarding Kress' store asking about the boy beaten in the store, encounters also described by a reporter for the Afro-American. Allowing individuals to walk along 125th Street was not incident-free: around 8:30 PM, a white man was allegedly beaten in front of Kress’ store, with police arresting James Smitten for committing the assault. About twenty minutes later, police arrested Frank Wells for breaking a window in the Willow Cafeteria. Just before 10:00 PM, Detective Roge was hit by a rock in front of Kress’ store and another patrolman injured at 124th Street and 7th Avenue. At the same time, Louise Thompson described larger groups being pushed back by police. She told a MCCH hearing she saw "one policeman throw his billy into the crowds while the mounted police were riding them down” at the corner of 125th Street and 7th Avenue between 8:00 PM and 9:00 PM, a scene similar to that captured by a photograph published in the Daily News. There is no evidence of where that photograph was taken, but a second photograph of police dispersing a group of Black men and women, the most widely reproduced photograph of the disorder, was taken at 125th Street and 7th Avenue according to the caption. It shows the island that that divided the north and south lanes on the roadway, which contained trees and were surrounded by the barriers like those visible in the photograph. A group of men and women are scattering in response to a uniformed patrolman moving toward them. One man is bent over; the caption describes him as falling down. He may also have been pushed down or hit by the patrolman; another man obstructs the view of what has happened between the two men. (One version of the caption claimed that the photographer was hit by a rock soon after taking the image, which might explain why the patrolman was trying to move the crowd.)
One of the Black men killed during the disorder, Andrew Lyons, sustained a fractured skull "during the thick of a melee at 125th street and Seventh avenue," according to the New York Amsterdam News, or a block further west at 125th Street and Lenox Avenue according to the Times Union. Police clubs may have been responsible for those injuries, but the doctors who treated Lyons recorded that had been too groggy to tell his roommate or anyone else how he had been injured. No sources mentioned police firing revolvers or rifles to try to disperse the crowds.
On at least two occasions large crowds appear to have broken through the police perimeter. Louise Thompson told a MCCH hearing that around 9:00 PM a crowd broke through on to 125th Street. The Home News also reported that incident. Store windows were broken, Young's hat store looted, and two white men and a white police detective allegedly assaulted around that time. A second crowd broke through around 10:30 PM, resulting in more windows being broken and a white man allegedly being assaulted, and police arresting four Black men.
Most of the incidents on 125th Street before 10:30 PM did not result in arrests, likely because police were heavily outnumbered by crowds and constrained by the responsibility of guarding stores. Only at Kress’ store it seems were enough officers stationed to make arrests: there arrests were made not just around 10:30 PM but also just before 10:00 PM and at 8:30 PM. There are no arrests among those with known times in the period between the arrest of the picketers in front of Kress’ store at 6:45 PM and arrests on 125th Street between 8:30 PM and 9:00 PM. There are approximately a dozen arrests made at unknown times and places that might have occurred during this time, but it is more likely that police were too outnumbered to make arrests, as Lt. Battle later told Langston Hughes. While an arrest for breaking windows was made just before 9:00 PM, police made no arrests for the assaults and broken windows reported when a crowd broke through soon after.
The police perimeter appears to have held after 10:30 PM. Sometime before then, no later than 10:00 PM, and likely as early as between 8:30 PM and 9:00 PM, groups had moved on from 125th Street to attack businesses on 8th Avenue and 7th Avenue, and later, Lenox Avenue. In response, police began to disperse across Harlem, driving along those streets in radio cars and taking up positions on street corners and guarding damaged stores. Exactly when the first police were sent beyond 125th Street is not clear. The first arrest made away from 125th Street, on West 127th Street between St. Nicholas and 8th Avenues around 9:00 PM, appears to have been made by a patrolman on his way to 125th Street rather than being deployed elsewhere in Harlem. The arrest of Leroy Brown around 9:45 PM on 7th Avenue between 127th and 128th Streets is clearer evidence of a spreading police presence.
With the MCCH giving limited attention to this period of the disorder, witnesses who testified at their hearings did not provide the details they do of the earlier police response. Newspaper reporters and photographers were on 125th Street during this time, so would have seen some of these events and been able to obtain information from police. Inspector Di Martini spoke with a group of reporters, including one from the Afro-American during this time. At the same time, those reporters would have had a limited view. The block was too long for those at one intersection to see the details of what was happening at the other intersection, or even for those at Kress' store to clearly see the nearby intersection with 8th Avenue. At the corner of 125th Street and 7th Avenue the Afro-American's reporter saw only "little knots of people on the corner"; "once he walked on, however, he found high police officials and the first detail of 500 extra policemen rushed to the area" and "a large number of people between Seventh and Eighth Avenues." It is unsurprising then that newspaper stories offer only general and fragmented accounts of this period of the disorder. Information on specific events comes from legal records, which are limited largely to the period around 10:00 PM when police made arrests, and narrowly focused on the actions of a single arresting officer.
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2021-11-29T22:35:16+00:00
Kress 5, 10 & 25c store rear windows broken
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2024-06-11T22:35:49+00:00
When police officers pushed people away from the front of S. H. Kress' store and off West 125th Street after someone threw objects that broke the store's front windows, some ended up on 8th Avenue and West 124th Street. Around 7:00 PM, a hearse stopped on 124th Street near the rear of the S. H. Kress' store, located about a third of the way along the block to the east, attracting the attention of members of the crowd. A woman saw the vehicle, according to reports in the New York Times, New York Sun, and New York Herald Tribune. She called out "There’s the hearse come to take the boy’s body out of the store,” according to New York Times and New York Sun, and "It's come to get the dead child," according to the New York Herald Tribune. While there were many Black women inside and outside the store, singling out one fit the emphasis in the narratives published by those newspapers on the hysterical nature of the crowds: the New York Herald Tribune described the woman who called out as "excitable;" the New York Times reported that she "shrilled;" while in the New York Sun "her piercing scream lifted itself above the hoarse shouts of the mob," with the result that other people were "Incited." The outcry is more generalized in the New York Evening Journal, in line with its more explicitly racist narrative. That story claimed that "the Negroes were worked up to such a frenzy that they did not realize [the arrival of the hearse] was simply a coincidence. The cry went up 'They've killed him! They've killed him! They're taking him away in a hearse!'" No one arrested during the disorder was identified as being charged with inciting the crowd.
Whether they saw the hearse as evidence of the fate of the boy arrested in the S. H. Kress store or responded to shouts making that connection, people moved to the rear of the store. Those at the rear of the store may have found further reason to think the boy had come to harm when they found the store lights on and men moving around inside, workmen repairing displays and counters damaged earlier, according to the New York Herald Tribune and New York American. Or members of the crowd moved directly to renew the attack on the store begun on West 125th Street, as reported in the New York Times, New York Evening Journal, and Times Union. Or the crowd gathered at the rear of the store was joined by "a number of colored persons, believed to be inmates of the Salvation Army located on 124th Street, west of 7th Avenue,...[who] began throwing stones," as Inspector Di Martini wrote in a report to the Police Commissioner the next day. (The Salvation Army operated a hostel for homeless men at that location.) One result was that windows in the rear of S. H. Kress' store were broken.
An "L" shaped building that spanned the width of the block between 125th and 124th Streets, S. H. Kress' store had twice as much storefront on West 124th Street as it had facing 125th Street. There were retail counters in the wider rear section of the store, and basement exits out on to West 124th Street (Lino Rivera had been released through one). Windows also faced 124th Street, but no images have been found that show their size and extent. Whatever their extent, more windows in the rear of the store appear to have been broken than in the front. Compared to the "very little loss on the front," a reporter for the Afro-American described "the windows in the rear showed signs of the stone and whiskey bottle barrage." Similarly, the New York Age reported "a plate glass window in the front of the store was smashed, while the back part of the building suffered several broken windows." Without the comparison, the Times Union reported similar damage, "the store's rear windows were smashed," as did the New York Times less precisely, noting "Stones were hurled through windows." With typical exaggeration, both the Home News and New York Herald Tribune claimed all the rear windows were shattered.
Windows were possibly not the only target of objects thrown on West 124th Street. Police officers had been stationed at the store's rear entrance earlier in the evening. Together with officers who followed the crowds from 8th Avenue, police once again tried to clear them from the street. Two mounted patrolmen were part of that group, according to Joe Taylor, the leader of the Young Liberators. Unlike on West 125th Street earlier, objects struck police officers. At least two officers suffered injuries that required an ambulance. Patrolman Michael Kelly was hit on the right leg by a rock and Detective Charles Foley was hit on the shoulder by a stone. Officers trying to push crowds away from the rear of the store could have been hit by objects thrown at the windows, but white newspapers reported in sensational terms that police were the targets. "A barrage of missiles fell on the ranks of police," according to the New York Times, while the New York Herald Tribune described a more dramatic scene in which "Negroes showered [police] with miscellaneous missiles from roofs, hallways and other hiding places." News of the hearse's appearance and renewed police clashes with crowds on the street spread to people gathered on 8th Avenue, and windows in other stores on 125th Street began to be smashed. Despite these attacks, police appear to have cleared the crowd from 124th Street within a few minutes. When Emergency Truck #5 arrived on the block around 7:15 PM, Patrolman Henry Eppler told a MCCH hearing that "everything was quiet," which led to the truck relocating to 125th Street.
Several newspapers made no mention of broken windows in the rear of S. H. Kress' store. A hearse appears in most of those narratives, provoking generalized reactions from the crowds on the street. It served to "fire the crowd" in the Afro-American's narrative, and in stories in the Home News and New York Post, although in the white newspapers crowds see the vehicle on West 124th Street before the speakers try to address the crowd, a different chronology. The New York Sun described the crowd moving directly to attacks on police and stores and looting. The hearse appears in front of the store, not at its rear, in the Daily Mirror. And it is mentioned as appearing in the area without mention of a specific location in the Atlanta World and in an ANP story published in both the Atlanta World and Pittsburgh Courier. Neither broken windows in the rear of Kress' store nor a hearse are features of the narratives in the Daily News and New York World-Telegram, and are likewise missing from Louise Thompson's account (she was on 125th Street when the rear windows were broken). -
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2022-10-29T16:00:08+00:00
Preparation for the public hearing on March 30
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2024-02-13T14:15:30+00:00
The MCCH’s investigations in preparation for the public hearing on the events of the disorder are described in the “Report of the Secretary, March 26-March 29, 1935, inclusive," in correspondence in the MCCH files in the records of Mayor La Guardia and in documents in the papers of Arthur Garfield Hays.
According to the report, two of the four investigators initially assigned to the MCCH started their work investigating the events of the disorder, focusing on the “immediate causes of the disturbances on Tuesday, March 19” and interviewing possible witnesses for the first hearing. That division of resources fit how the MCCH presented its plans in the statement to the press after its first meeting; the investigation of the immediate situation as one part and “a thorough, far-reaching inquiry into the entire problem” as the other. Hays, who took over leadership of the subcommittee investigating the events of the disorder from Toney soon after the first meeting, asked that the investigators “examine such persons as claim to be eyewitnesses to the events of March 19 in order that time at the hearing might not be taken up by people, in actuality, who knew nothing of the events of that night.”
The result of that work was a “list of eyewitnesses” “expected to be at the hearings on March 30” that Carter gave to Hays on March 29. That list is likely the nine typewritten names on a section torn from a page in the Hays Papers. One of those on the list had been among the forty-nine individuals and organizations that Carter reported wrote to the MCCH in its first four days of existence (The New York Times made an unattributed claim that by March 29 more than 80 wanted to testify). Other witnesses were on a list likely provided to Hays by the Communist Party when he met with James Ford. It is not clear how the investigators identified the remaining people.
The first name in the list of nine that were likely the eyewitnesses was Louise Thompson, the sixth person to testify on March 30. Her name was also first on another list of twelve names in the Hays Papers headed “For Mr. Hays,” most of whom were identified as members of the Communist Party or groups affiliated with it. Thompson, however, was not identified as a member of an organization but by the information she had: “testimony to the issuing of the leaflet.” As establishing that the leaflet issued by the Young Liberators had not triggered the disorder was a major concern of the Communist Party, the list highlighting that part of Thompson’s evidence offers further confirmation that it likely came from Ford. Four other women appeared on the list of nine that were likely the eyewitnesses, three listed after Thompson, “Mrs Jackson 350 St Nicholas Ave, Mrs Ida Hengain, Miss Willie Mae Durant, Mrs. Effie Diton” and “Mrs Ida Jackson (Tentative)” at the bottom of the page. None of those women testified on March 30. Those women were likely present in the Kress store at some point on March 19 after Rivera was grabbed by staff, part of a crowd widely reported to be almost entirely made up of women. Only one of those women could be identified. A photograph of Effie Diton, a forty-five-year-old Black woman, appeared in the New York Age in 1935, identifying her as the president of the New York City branch of the National Association of Negro Musicians. Her husband, concert pianist and composer Carl Rossini Diton, had helped found that organization and served as its president in the 1920s. The New York Age had reported their marriage twenty years earlier, when they both worked at Paine College in Georgia. In 1930 they lived at 188 St. Nicholas Avenue, on the corner of 120th Street, close enough to 125th Street for Effie Diton to have shopped at the Kress store. “Mrs Jackson, Mrs Ida Hengain, Mrs. Effie Diton” are also on a handwritten list of “Witnesses who didn’t testify last week” in the Hays Papers. (The hearing on March 30 took the whole day, so Hays likely ran out of time to call those witnesses, although there is no evidence that they were present.) Hays called for those three women by name in the subcommittee’s second public hearing on April 6. None of them were present at that time, and they never testified in a public hearing.
The sixth name on the likely list of eyewitnesses was “Mr Lloyd Hobbs and family.” Sixteen-year-old Lloyd Hobbs had been shot by a police officer during the disorder. The New York Urban League provided the details of the shooting in a letter sent to the MCCH on March 26, which enclosed a statement by Hobbs’ father and asked for "cooperation” and “assistance.” (The statement appears to have been put in a different file in the MCCH records.) The letter is one of several sources that misidentified the boy’s father as also being named Lloyd; his first name was Lawyer. In listing Lloyd Hobbs as a witness, Carter may have meant Lawyer Hobbs or could have assumed that Lloyd would recover from his injury and be able to testify himself. As it happened, neither Lloyd nor Lawyer Hobbs testified on March 30. Instead, it was Lloyd’s younger brother Russell, who had been with him during the disorder and was thus an eyewitness unlike his father, who testified on March 30. Lloyd Hobbs died that evening. Hays would make the investigation of the boy’s shooting a focus of the subcommittee’s next hearing on April 6 and return to it in later hearings on April 20 and May 14.
“Mr Campbell,” the next name on the likely list of eyewitnesses, very likely Fred Campbell, whose statement is in the MCCH files. Although undated, it referred to him coming to the “Office of the Bi-Racial Commission,” a name used only until March 29, when the members voted to adopt the name MCCH. Campbell’s statement recorded he had been sent to the MCCH offices by Delany “as he had some information that he thought might be of value to us regarding the riot on Tuesday night March 19th.” “Mr Campbell" also appeared in the list of five "Witnesses who didn’t testify last week” in the Hays Papers. Hays, however, did not call for him in the second public hearing and he never testified. As his evidence related to events away from the Kress store on which the hearings focused, Hays may have decided his testimony was not relevant.
The final name on the list is “Mr Irving Kirshaw.” That name is also the final name on the list of “Witnesses who didn’t testify last week” in the Hays Papers. On that list the name is followed by “garage owner” in parenthesis. The garage referred to is likely the one behind the Kress store at which a hearse parked, prompting a crowd to attack the rear of the store. Hays did not call for Kirshaw at the second hearing, and he never testified. Instead, Benjamin Todman, the driver of the hearse, testified at the public hearing on May 4.
In addition to the nine typewritten names, a tenth name was handwritten at the top of the likely list of eyewitnesses, “Cole,” with a check mark, both crossed out. In the Hays Papers is a letter L. F. Cole had written directly to Villard on March 23 saying “I was in Kress’ store when the boy was maltreated by three white clerks” and asking that Villard “invite me to one of your meetings of the Bi-Racial Commission.” Cole testified on March 30, the first eyewitness to give evidence, and again on May 14..
The names of two other men who testified on March 30 appeared with “X” marks next to them on the list "For Mr Hays" likely supplied by the Communist Party, James Taylor, the leader of the Young Liberators and James Ford, the head of the Communist Party in Harlem. Hays told the MCCH at their March 29 meeting that “he had held a conference with Mr. Ford of the Communist Party, and that he and several representatives of his organization would be present at the hearing on Saturday.” A story published in the Daily Worker on March 30 that named several “militant leaders who will demand to be heard” at the public hearing that day fitted the names on the list: Ford, A. W. Berry, Williana Burroughts and “representatives from the Harlem Unemployed Councils, the Harlem International Labor Defense, and the New York District I. L. D.. Of the others named on that list, only one, Frank Wells, likely had information on the events of the disorder. His name was second after Thompson on the list and was likewise annotated with a check mark, with “police brutality” after it. Wells was arrested for allegedly breaking windows on West 125th Street during the disorder. According to a summary in a list of "Cases of Police Brutality, Discrimination and Mistreatment of Negroes in Harlem" later supplied to the MCCH, he was "attacked by police and brutally beaten" while walking down 125th Street," again at the police station and a third time in the police line-up on the morning of March 20. The officer who arrested Wells, Patrolman Eppler, would testify at the second public hearing although not about that arrest, but Wells himself never did. ILD lawyer Edward Kuntz tried to ask 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. Handwritten notes related to one other name on the list, William Burroughs, suggest that Hays or an investigator interviewed him as a possible eyewitness. The notes indicated that they found he was not: “has only hearsay evidence of police brutality – was not in Harlem on Mar. 19.” (Three of the remaining names on the list have “Ernst” handwritten next to them, likely indicating that their evidence was relevant to housing, the subject of the subcommittee that Ernst led. Two others are identified as part of the International Labor Defense, which had written to the MCCH saying they had information on conditions in Harlem, rather than the events of the disorder. The final name, A. Berry, of the League of Struggle for Negro Rights, has an “X” written next to it, as Taylor and Ford did, but he was not among those who testified in hearings chaired by Hays.
Carter’s Report indicated that the MCCH had been assured that police witnesses would be present at the hearing, likely either by Inspector Di Martini or by Lt. Samuel Battle, the city’s senior Black police officer. The assurance was reported directly after the information that an assignment of police to the hearing had been arranged through Di Martino and an “interview was also held with Police Lieutenant Jesse [sic] Battle.” The police witnesses mentioned are “Inspector of the Sixth Division [Di Martini] and officers in charge of the forces handling the crowds on Tuesday March 19 together with the crime Prevention officer who was called to the Kress store at the time of the youth’s apprehension.” On March 30, Di Martini, Donahue (the Crime Prevention Officer), Captain Rothengast (who took charge of police in front of the Kress store at 8:30 PM) and Battle testified. Additional police officers testified in the second hearing. Hays secured an additional law enforcement witness. He told the MCCH on March 29 that he had contacted the District Attorney’s office and they had agreed to send a representative to the March 30 hearing. ADA Alexander Kaminsky was the third witness to testify.
The final witness who testified was Lino Rivera. There is no mention of arrangements for him to appear at the public hearing in either the MCCH records or the Hays Papers. He was photographed at the hearing with Donahue, who likely brought him and ensured his attendance.
There is evidence that the MCCH had sought additional witnesses. A telegram sent to Carter on March 29 by Dorothy McConnell reported that she “Could not get names of eyewitnesses.” That the telegram went on to suggest Carter “Call on Mrs Imes and Louise Thompson at Hearing” suggests that McConnell had been searching for women who had been in the Kress store on March 19 in addition to those on the eyewitness list. Louise Thompson would later say she tried to get some of the women she had met in the store to testify "but they were scared." The name and address of one woman who had been in the store was known, but she would not testify at a public hearing. According to an undated note from Inspector Di Martini to Hays, Margaret Mitchell, described as “the woman who was arrested in the store at the time the boy was in the store,” “refused” the request of a detective to appear. Hays asked about Mitchell at the first hearing; Lt. Battle testfied that when he called at her home and requested that she be at the public hearing, “she refused to come.” When Hays again asked Battle about her testimony three weeks later, he reiterated that "she absolutely refuses to come to this hearing." As the MCCH did not have subpoena power, they could not compel her attendance. Perhaps because they lacked that power, the MCCH appeared to have relied on police to bring at least some of the witnesses to its public hearings. The list of eyewitnesses in the Hays Papers is headed “Police Department.”
Police had also sought to bring at least one staff member from the Kress store to the hearing on March 30. A handwritten memo from Di Martini dated that day informed the MCCH of Steve Urban, “the man supposed to be treated by an ambulance has worked all night and left the store, present whereabout unknown.” A police officer had evidently called at the store for Urban as the memo attributed that information to “W. F. Woodman ass’t manager Kress Dept Store 256 W 125th St.” Urban never did testify before the MCCH. The other man involved in grabbing Rivera, Charles Hurley, did, on April 6. The MCCH also sought to have the store manager, Jackson Smith, testify; in the hearing on March 30, Di Martini told the MCCH, “I have spoken to Mr Smith, manager, who said that he was busy and he could not get away.”
Finally, Hays requested at the March 29 meeting of the MCCH that “an investigator be sent to Harlem Hospital to secure information relative to victims of the disturbance on March 19th.” It was unlikely that he expected those investigation to produce witnesses for the hearing on March 30. In the second public hearing, on April 6, staff from the hospital gave evidence about the injuries suffered by Lloyd Hobbs and Andrew Lyons, and by two other victims of alleged police brutality. -
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2021-12-20T20:08:38+00:00
Frank Wells arrested
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2024-02-13T04:12:10+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 Atlanta World, Afro-American, and 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' 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, who once he heard he had been arrested, sought him out at the Magistrates court.
The ILD lawyers representing Wells alleged that he had been beaten by police during his arrest. He appeared in a list of possible witnesses that the Communist Party gave to Arthur Garfield Hays of the MCCH, with the annotation "police brutality." According to a summary in a list of "Cases of Police Brutality, Discrimination and Mistreatment of Negroes in Harlem" later supplied to the MCCH by lawyers affiliated with the Communist Party, he was "attacked by police and brutally beaten" while walking down 125th Street, again at the police station, and a third time in the police line-up on the morning of March 20. When Englander found Wells at the Harlem Magistrates Court, "his head was bandaged, his shirt was red with blood, he could not stand on his feet," he testified in a public hearing of the MCCH. 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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2022-05-23T17:58:09+00:00
7:00 PM to 7:30 PM
23
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2024-02-13T18:54:24+00:00
Just after 7:00 PM, a woman on 8th Avenue cried out that a hearse had pulled up at the rear entrance of the Kress store on 124th Street to get the body of the dead boy. Thanks to police clearing the sidewalk in front of the store, there were groups of people on 8th Avenue to hear her call. Some responded by moving to the rear of the store. They may have been joined by residents of a Salvation Army hostel for homeless men located opposite the store. Several police officers had been stationed at the rear entrance earlier by Inspector Di Martini; additional officers followed the crowd from 8th Avenue. Stones were soon being thrown, breaking windows in the Kress store and hitting at least two police officers, Patrolman Michael Kelly, assigned to a radio car, and Detective Charles Foley. Whether the officers were targeted or caught between the crowd and store windows is unclear. Police did not arrest anyone for throwing the stones. Two mounted policemen were moving the crowd away from the rear of the store when Joe Taylor, the Black leader of the Young Liberators, arrived at 124th Street, on his way to 125th Street, having been “put out” of the West 123rd St police station together with others seeking information.
By 7:15 PM, there were no longer groups of people on 124th Street at the rear of the store; the crew of an emergency truck that arrived at 8th Avenue and 124th Street at that time as part of the reinforcements called by Inspector Di Martini found that “everything was quiet.” An ambulance from Harlem Hospital arrived at the same time to treat Patrolman Kelly. His injury was serious enough that he was taken to the hospital for an x-ray. Joe Taylor also left 124th Street around that time, moved on by police he said were shooting their guns in the air. He had heard a rumor that the boy who had been beaten lived at 410 Manhattan Avenue, so headed south to investigate.
Around the same time, 7:15 PM, Inspector Di Martini returned to 125th Street. He found that there too “everything was calm.” There were no people in front of the Kress store, small groups gathered elsewhere on the street, but no “mass demonstration.” Di Martini thought that, as “the people of this part of the city of N. Y. have been very friendly with me,” “they would take my word that no child had been injured.” However, although he “spoke to all of the groups on 125th Street until [he] was hoarse,” they were not convinced.
As Di Martini was futilely speaking with groups gathered around the Kress store, Louise Thompson walked from 7th Avenue to 8th Avenue. With police not permitting people to stand in front of the Kress store, she found “numerous people who were on the corner” and spent “a length of time” talking with them. There were white men and women among the groups Thompson encountered, but “not very many.” More Black residents joined Thompson on 125th Street as rumors spread further through the neighborhood. Charles Romney, a Black West Indian activist involved in a range of political organizations, who was returning home from the YMCA on 135th Street, had noticed crowds on West 117th Street running uptown around 7:00 PM. When he asked “what it was all about,” he was told “that a boy in Kress store was murdered.” Romney followed them “to go to 125th Street to see if I could get any information."
Additional members of the Young Liberators had also arrived on 125th Street. At 7:15 PM, a Black reporter for the Afro-American encountered “some white youngsters [who] were passing out handbills” at the corner of 7th Avenue, a leaflet based on the information brought to their office. The mimeographed page had handwritten text at the top that 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
While small groups of people were also gathered on the corner of 7th Avenue and 125th Street, as they were at the other end of the block, the Afro-American reporter found “all was quiet.” However, as he walked along the block toward the Kress store, he found a different situation, “a large number of people between Seventh and Eighth Avenues” and Inspector Di Martini and numerous police. He joined a group asking Di Martini what had happened in the store. A boy caught shoplifting had been let go, but rumors were being spread that he had been beaten or killed, the inspector told them. He also showed them the store window that had been broken. But he would not let reporters into the store or answer their question, "Well, where is the boy?”
When Louise Thompson walked in the opposite direction to the reporter, from 8th Avenue to 7th Avenue, just before 7:30 PM, she saw windows broken in businesses on the same side of 125th Street as the Kress store. As yet, that damage had not spread the length of the block. Channing Tobias, who returned to 125th Street around the time Thompson left, found no windows broken yet east of Blumstein’s store, about halfway between the Kress store and that corner. The scene had “quieted down” from the threatening crowds Tobias had encountered an hour or so earlier. Likely that lack of activity was why Thompson decided now was the time to go to her home, a ten-minute walk from 125th Street, to “tell my people what had happened.”
At 7:30 PM an ambulance arrived in front of Blumstein’s department store on 125th Street, several buildings east of the Kress store. Police had called it to treat Detective Foley, who had an injured shoulder after being hit earlier by a stone thrown by someone in the crowd that attacked the rear of the Kress store. By that time at least some of the police officers who had dispersed that crowd had returned to 125th Street. -
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2022-05-23T17:58:22+00:00
7:30 PM to 8:00 PM
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2024-01-11T20:44:15+00:00
On 125th Street near the Kress store, a reporter for the Afro-American watched around 7:30 PM as “mounted police rode the sidewalk keeping the crowd back.” On the other side of the street, however, where police made no efforts to clear the street, “the crowd was growing thicker.” He listened as “Young men and women talked about mass action, about the beating up of "the poor little boy," about "if this was a white neighborhood and a colored man had hit a white boy, they would have strung him up long ago." Police as well as the Kress store staff were targets of the people on the street; the reporter told a “youth” who stopped to “harangue the police” to “move on.”
The crowds across the street continued to be fed by people on their way to the theaters that lined that side of 125th Street. Among them were Lloyd Hobbs, a sixteen-year-old Black boy and his fifteen-year-old brother Russell, on their way to a show at the Apollo Theater. Leaving their family home at 321 St. Nicholas Avenue only a block and a half from the theater around 7:30 PM, they had passed “groups of people standing on corners and along 125th Street,” far more police officers than usual and “windows in many stores broken.” Unlike Channing Tobias a few hours earlier, that scene did not discourage the brothers from continuing on to the theater. Unfortunately, as Tobias had feared, when they emerged from the theater after midnight, the disorder in Harlem would have grown.
At the opposite end of the block, Charles Romney arrived on the corner of 7th Avenue to find groups of people talking about a boy being murdered by police. Like the Hobbs brothers, he saw “lots of windows smashed” on 125th Street. People had begun to throw objects at previously undamaged store windows east of Blumstein’s department store as Romney saw the broken glass from the corner. At least some of the damage done to Myladys shop, the W. T. Grant department store, and the McCrory and Woolworths 5 & 10 cent stores was likely done at this time. Glass might have been broken in businesses on the other side of West 125th Street; however the Conrad Schmidt Music Shop, Adler Shoes, Scheer Clothing, Howard Suits, Minks Haberdashery, Savon Clothes store, and General Stationery & Supplies store may not have been damaged for another hour or so, when there were reports of glass breaking in neighboring stores. Even as police reinforcements continued to arrive, including the emergency truck that had originally stopped at 124th Street and 7th Avenue, there is no evidence that officers on 125th Street arrested anyone for breaking windows at this time. They may have arrested some of those on the street; Romney saw police putting people into radio cars at the corner of 7th Avenue. He left when threatened with arrest by one officer, walking to the rear of the Kress store on 124th Street in search of information. While he found an “excited” crowd on the corner of 124th Street and 7th Avenue, a police officer at the store entrance told him to get away from the area. Worried that his wife was about to leave to visit her mother, Romney decided to go to his home to warn her not to go out on the streets.
As Romney was leaving 125th Street, many other people were arriving as rumors spread through Harlem. Carlton Moss, a twenty-six-year-old Black actor and writer, who was initially unconvinced by an actor’s claim that he had seen a riot break out on 125th Street in response to a young Black boy being beaten to death, soon heard other reports of “rising riots” that caused him to abandon a rehearsal and investigate what was happening. Going south on 7th Avenue, he found “throngs of spectators all hastening in the same direction.” On 125th Street, the journalist from the Afro-American watched as “the crowd became bigger until it just overflowed across Seventh and Eighth Avenues. Newcomers were initiated into the mysteries of the Young Liberators and white and colored 'evangelists' in the crowd.” In some cases that information would have come from the leaflets the Young Liberators continued to distribute. The idea that a boy had been killed took hold among those arriving on 125th Street even though the journalist observed that “the same people who were saying, 'They beat him to death' could not have given any further proof than the fact that 'they say so' or 'so they say.'”