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Public Hearings - Riot (May 1935), 8, Subject Files, Box 410, Folder 7 (Roll 195), Records of Mayor Fiorello H. La Guardia, 1934-1945 (New York City Municipal Archives).
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2020-03-11T21:10:35+00:00
Sam Jameson, Murray Samuels, and Claudio Viabolo arrested
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2024-02-24T15:29:28+00:00
Shortly after 6:45 PM, Patrolman Timothy Shannon and other officers arrested two nineteen-year-old white men, Sam Jameson and Murray Samuels, and Claudio Viabolo, a thirty-nine-year-old Black man, who were picketing in front of Kress’ store at 256 West 125th Street. The three men had arrived a few minutes earlier, likely from 262 Lenox Avenue, the offices of the organization to which they belonged, the Young Liberators. The placards they carried read “Kress Brutally Beats and Seriously Injures Negro Child and Negro Women. Negro and White Don’t Buy Here” and “Kress Brutally Beats Negro Child.” An officer “told or asked [the men] to stop marching in front of Kress'," Patrolman Moran told a public hearing of the MCCH and when they did not leave “after about five minutes," police arrested them for unlawful assembly. Jackson Smith, the store manager, watched the arrest from inside the store. “The police took the placards and pushed the people carrying them into the vestibule,” he told a later public hearing. Around thirty minutes earlier, Patrolman Shannon had arrested another man in front of the store, twenty-year-old white man, Daniel Miller, pulling him down from a stepladder when he tried to speak to a crowd. A few minutes later, around 6:30 PM, other officers, including Patrolman Irwin Young, arrested a second white man, Harry Gordon, when tried to speak to the crowd by climbing a lamppost on 125th Street east of Kress’ store.
The testimony of Moran and Smith in the public hearings provided the only details of the arrests of Jameson, Samuels, and Viabolo. The men themselves did not testify. Patrolman Shannon did testify, but was not asked about any of the arrests he made. Newspaper stories on the arrests grouped the men with Miller, and in some cases, Gordon, reflecting information from police that they had acted together to create the disorder. Two Hearst newspapers, the New York American and New York Evening Journal, published stories that described the arrest, but they included details that testimony in the public hearings indicate did not happen: Jameson and Samuels arrived with Miller and Gordon, not after them, in the newspaper narrative, picketed before Miller spoke, and with Harry Gordon came to Miller’s aid when he was arrested, battling Shannon and two other patrolmen before also being arrested. Viabolo was not on the picket line in those stories, but in the New York American was a member of the crowd who joined in efforts to prevent Miller’s arrest. Although the newspapers said their information came from police, the elements that did not happen seem to be a product of the anti-Communist stance and sensational style of the Hearst newspapers. The New York Times and, somewhat surprisingly, the Daily Worker, also published narratives in which the men picketed before Miller spoke, but without details of their arrest. The New York Times simply reported that the arrest of Jameson, Samuels, and Viabolo, and Miller, came “later,” after Miller spoke. The Daily Worker did not report specific arrests, but rather that “police broke up the picket line, arresting the leaders.”
Jameson, Samuels, and Viabolo all appeared in the lists of those arrested during the disorder published by the Atlanta World, Afro-American, and Norfolk Journal and Guide, the New York Evening Journal, the Daily News, the New York American, and the New York Herald Tribune, among those charged with inciting a riot. However, the white men, Jameson and Samuels, as well as Miller and Gordon, are not in the transcription of the 28th Precinct police blotter in the MCCH records. Viabolo did appear, with Margaret Mitchell, the Black woman arrested inside Kress' store. That discrepancy suggests that the white men were omitted from the transcription, perhaps overlooked because they were somehow less readily identified as participants in the disorder among others arrested for unrelated activities at that time. It may be that the charges against those men were not recorded as riot. The charge against Viabolo in the blotter is disorderly conduct, with the note that he was “Disorderly in Kress’ 5 & 10c store,” the same description recorded for Margaret Mitchell.
In a line-up on the morning of March 20 that included ninety-six of those arrested disorder, police put Jameson, Samuels and Viabolo in a group with Miller and Gordon, a New York Herald Tribune story noted. Police described the men as all "arrested at a demonstration in front of the Kress store." That grouping was not mentioned in the two other newspaper stories about the line-up, in the Daily Mirror and New York Sun. An unnamed Black man, presumably Viabolo, was quoted in the New York Sun “giving his version of the start of the trouble:” "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.” The man then told the officer questioning him that he “and his companions took turns on a soap box “informing the public.”” That last detail was not part of any other description of the picketing. The two other newspaper stories on the line-up did not include Viabolo’s comments, but focused, as the New York Sun did, on Harry Gordon’s exchange with police, in which he refused to answer questions until he saw his lawyer.
The Daily News, New York American, and New York Evening Journal published photographs taken a few seconds apart that are captioned as showing the four white men arrested outside Kress’ store in the West 123rd Street police station on their way to the Harlem Magistrates Court on March 20. Surrounded on three sides by both uniformed police and detectives in plainclothes, three white men are visible, with another white man party visible behind them, all but the first, identified as Harry Gordon, looking at the ground. On the right of the image is a Black man, almost certainly Viabolo, as police had grouped him with these men in the line-up earlier that day, and would again in the courthouse. He is unmentioned in the captions, and, perhaps as a result, cropped out of versions of the photograph published by several regional newspapers. Reflecting its anti-communist focus, the New York Evening Journal placed the photograph on page one, across the whole width of the page, with a caption labeling the men “young college-bred Communists.” The next page featured photographs of two placards used in the picket, and the leaflets circulated by both the Young Liberators and the Communist Party. The Daily News photograph, taken at almost the same moment, appeared in the center of a two page spread of photographs of the disorder in the center of the newspaper. The caption did not identify the men as Communists but as inciting the riot, focusing on drawing a contrast between their uninjured appearances and the damage done during the disorder. (Gordon later testified he had been beaten and had injuries to his face; he may be the man whose face was not visible in that photograph, notwithstanding the caption.)
Police continued to group Jameson, Samuels, and Viabolo with Miller and Gordon when they appeared in Harlem Magistrates Court. In stories on the court appearances, the New York American, Home News, New York Herald Tribune, and New York Times all described the men as the "ringleaders" of the disorder, which was likely the term police used. However, while the Daily News, New York Herald Tribune, New York World-Telegram, and Daily Mirror included all five men in that group, the New York American, Home News, and New York Times omitted Gordon. That difference appears to have resulted from Gordon being arraigned separately from the three Young Liberators and Miller. That separation would have resulted from the different arresting officer listed in the Harlem Magistrates Court docket book for Gordon, Patrolman Irwin Young, not Patrolman Shannon, the arresting officer recorded for the four other men. The charge recorded for Gordon was also different, assaulting Young, not inciting riot. The Daily News claimed Gordon "was heard separately when he indicated that he would produce his own lawyers."
When the court clerk called the names of Jameson, Samuels, Viabolo, and Miller, two lawyers from the International Labor Defense Fund rose to represent them. The appearance of those attorneys was reported by the New York American, Daily Mirror, Home News, Daily News, New York Herald Tribune, New York Times, New York World-Telegram, and Daily Worker, but for some reason they were not recorded in the column for the name and address of a defendant's lawyer in the Harlem Magistrates Court docket book. The ILD's affiliation with the Communist Party would have been well known to readers of those newspapers, but the Daily Mirror explicitly made the connection in its story, stating that the men's "Communistic affiliations were declared" by the identity of their attorneys. The Daily Mirror and Daily Worker named the lawyers as Miss Yetta M. Aronsky and I[sidore] Englander, while the Daily News named only Aronsky, and the New York American, New York Herald Tribune, and New York Times reported only "a woman lawyer" who would not give her name to their reporters. (Englander later testified about being present in the court in a public hearing of the MCCH.)
Assistant District Attorney Richard E. Carey, the Black attorney Magistrate Renaud had requested prosecute those arrested in the disorder, according to the Daily News, asked that the men be held for a hearing on Friday on the maximum bail of $2,500. The men's lawyers protested that sum. Others arrested during the disorder charged with felonies had their bail set at $1,000, including Harry Gordon. Magistrate Renaud dismissed those protests, and complaints by Aronsky, reported by the Daily News and Daily Worker, that the men "had not been fed by police following their arrest."
When Jameson, Samuels, and Viabolo returned to the Harlem Magistrates Court with Miller, Magistrate Ford dismissed the charges against the group because their cases had already been decided by Dodge's grand jury. The Magistrates Court docket book recorded the deposition of the men's cases as "Dism[issed], def[endant] indicted." Stories in the Home News, Daily Mirror, and New York Amsterdam News also reported that they had been indicted by the grand jury. However, while the grand jury did send the men for trial, it was for a misdemeanor, not a felony, so an information, not an indictment, and to the Court of Special Sessions, not the Court of General Sessions. Other newspaper stories included elements of that distinction. The New York American reported that after being discharged, the men were "turned over to detectives with bench warrants based on the grand jury informations voted last week charging inciting to riot." The New York Herald Tribune also reported "two informations charging five persons with inciting riot" without naming them; so too did the Daily News, which alone specified that an information charged a misdemeanor and that the men were sent for trial in the Court of Special Sessions. The grand jury also sent all the other individuals charged with inciting a riot that appeared before it to the Court of Special Sessions to face trial for misdemeanors. If the men were being prosecuted for the form of the crime defined as a misdemeanor, unlawful assembly, their crime was being treated as involving disturbing the peace, not efforts to prevent the enforcement of the law or incite force or violence.
As other prosecutions resulting from the riot made their way through the courts there were no reports mentioning Jamison, Samuels, and Viabolo, or Miller. Finally, on June 20, the four men appeared in the Court of Special Sessions. The New York Amsterdam News reported an additional defendant, a "young sympathizer," Dave Mencher, not mentioned in any other sources, or in the Daily Worker story, the only other report of this trial located. Only one prosecution witness testified before the court's three judges, Sergeant Bauer of the West 123rd Street station (likely the sergeant who testified at the public hearings that he was involved in the arrest, although his name was recorded as Bowe in the transcript). It is not clear why Patrolman Timothy Shannon, the arresting officer, did not appear as a witness. International Labor Defense lawyers again represented the men, but not the same attorneys as the day after the disorder. Instead, Joseph Tauber and Edward Kuntz, who played prominent roles in the MCCH public hearings, represented the men. After cross-examining Bauer to establish that a crowd had collected in front of Kress' prior to the men arriving, they moved to have the charges dismissed. The judges agreed, and freed Jameson, Samuels, and Viabolo, as well as Miller.
Claudio Viabolo lived in Harlem, at 202 West 132nd Street; the two white men did not. Sam Jameson lived at 967 East 178th Street in Washington Heights, north of the Black neighborhood, although when a reporter from the New York Evening Journal went to the address, the tenants denied knowing him. Murray Samuels lived at 8621 Twentieth Avenue, Brooklyn. However, he was not a student at City College, as the New York Evening Journal reported on March 21. A week later the New York Evening Journal acknowledged that the Murray Samuels a reporter had identified as attending evening classes was not the man arrested during the disorder, in a story headlined, "Far From Red, and Riot! Says C. C. N. Y. Man."
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 Afro-American, Daily News, New York Post, New York Herald Tribune, Home News, New York Sun, New York Times, New York American, and New York Age. The name was spelled Diabolo in the list of those arrested in the disorder published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and stories in New York World-Telegram and New York Evening Journal. In the edition the New York Age rushed to print on March 23, the name was Bilo. In the Daily Worker 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 New York Evening Journal, New York Times, New York Post, New York Herald Tribune, and stories about court appearances published in the Home News and New York Sun. The name was spelled Jamieson in the Daily News, Atlanta World, Norfolk Journal and Guide, and New York American. -
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2021-11-24T18:22:42+00:00
Kress 5, 10 & 25c store front windows broken
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2024-05-28T22:39:21+00:00
Around 6:15 PM, a step was set up on the sidewalk in front of the Kress 5, 10 & 25c store. A Black man climbed up, spoke briefly to the crowd of about 100 gathered there, and then had Daniel Miller, a twenty-four-year-old white man, take his place on the step. As Miller began to speak, someone threw an object through one of the store windows. A second object quickly followed, smashing another window, according to the New York Times and New York Sun. Different objects are identified as having smashed the store window. A bottle was the most common, identified in the New York Times and Home News, and more precisely a milk bottle in the New York Sun and a whiskey bottle in the Brooklyn Daily Eagle and by a police inspector quoted in the Afro-American. The Daily News identified the object as a brick, as did the New York Sun in the case of the second object, while Louise Thompson described it as a stone. The MCCH report opted to simply say "a missile" hit the window. These are all everyday objects, likely close to hand on 125th Street, other than the whiskey bottle. A whiskey bottle fit with portrayals of those who attacked white businesses as hoodlums and played to racist stereotypes about African Americans, as was evident in the appearance of this detail in a list of brief items headlined "Highlights on the Harlem Front." Picketing of white-owned businesses on 125th Street by Black organizations in 1934 had not resulted in any broken windows; concern about what had become of the boy arrested at Kress' may have caused this crowd to react differently. There may also have been members of groups affiliated with the Communist Party in the crowd; when those groups picketed the Empire Cafeteria in 1934, they did break windows.
After the windows were broken, police officers moved in to arrest Miller and push people away from the store, most of whom ran across 125th Street to the opposite sidewalk. No one was arrested for breaking the window. Harry Gordon was arrested soon after trying to speak to the crowd on 125th Street east of Kress' store. A few minutes later, around 6:45 PM, three men began picketing in front of Kress' store. They too were soon arrested by police. Three to five police radio cars, an emergency [riot] truck, and six mounted policemen struggled to keep people from the store. No further objects appear to have been thrown at Kress' store front windows at this time. Soon after West 125th Street was cleared, around 7 P.M., people pushed on to 8th Avenue saw a hearse stop behind the store on West 124th Street, triggering rumors it had come to pick up the body of the boy who had been arrested, and a rush to the rear of the store that saw windows there broken.
Sustained and extensive attacks on stores on 125th Street came sometime after those rear windows were broken. Another brick hit Kress' front windows around 10:40 PM, allegedly thrown by William Ford, who then called for others on the street to attack police. Louise Thompson described a group breaking though the police cordon around 125th Street to break all but a few windows in the store, in the context of an exaggerated claim about the extent of smashed windows, and Kress' store does appear on the list of businesses with broken windows compiled by a La Prensa reporter who walked down 125th Street. But a reporter for the Afro-American wrote that the store "suffered very little loss on the front." The store manager, Jackson Smith, confirmed that later in a public hearing of the MCCH. Of the eighteen windows facing 125th Street and in the vestibule, only four were damaged. Repairs to the front of the store next day appeared to have focused on only two sections of the store window on the right side of the left entrance, in a photograph published in the New York American, and on the left side of the right entrance, where a ladder can be seen in Universal newsreel footage. Those repairs cannot have taken long. A photograph of Kress' store published in the Daily News on March 21 showed intact store windows guarded by two police officers. A sustained police presence during the disorder appeared to have protected the front of the store. That was the opinion of Channing Tobias, the fifty-three-year-old Black secretary of the Colored Division of the National Council of the YMCA, who told E. Franklin Frazier that "I guess it was because police were on guard" that Kress' store "got only a small window smashed." Police established a cordon in front of the store after it closed. Officers were still there around 10 PM, when Detective Henry Roge was hit by a rock while standing in front of the store, and after a window was broken at 10:40 PM, there were officers able to arrest William Ford. Later in the evening, the police cordon extended to cover 125th Street from 8th Avenue to Lenox Avenue, with Kress' store remaining at its center, and as the base for police responding to the disorder.
A window being smashed as a speaker began to address a crowd in front of Kress' store featured in narratives in the New York Times, New York Sun, and Home News. Only the New York Times and New York Sun mentioned the second object and smashed window. A broken window, without reference to a speaker, is reported by the Daily News, Brooklyn Daily Eagle, New York Age, and Pittsburgh Courier. No mention of a window in Kress' store being smashed at the beginning of the disorder appears in the narratives published in the New York Herald Tribune, New York Evening Journal, New York American, Daily Mirror, and New York Post, and the Afro-American reported only the damage visible the next day. In the MCCH public hearings, Inspector Di Martini, Patrolman Moran, Jackson Smith, the store manager, and Louise Thompson all discussed how the window was broken. In the MCCH's final report, the arrests of Miller and Gordon police made in the aftermath of the window being broken were included as examples of "actions on the part of the police [that] only tended to arouse resentment in the crowd."
The Kress 5, 10 & 25c store appeared in the MCCH business survey taken in the second half of 1935 and was still visible in the Tax Department photograph from 1939–1941.
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2021-03-31T23:51:12+00:00
Picketing in front of Kress' store
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2024-01-29T01:01:55+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. A photograph published in the Daily News of the front of the store taken on March 21 shows the area the men would have walked, a 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’ 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 picketers 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’ 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’ 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?” 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.”
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, New York Sun, New York Evening Journal, New York American, and Daily Worker 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 New York Sun 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 New York Evening Journal and New York American, identified Samuels, Jameson, and Harry Gordon as picketing, and omitted Viabolo or any mention of Black men among those carrying placards. The Daily Worker more vaguely referred to an unspecified number of Young Liberators forming a picket line. The New York Age 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 fit the sensationalized tone of the tabloid's reporting. However, stories in the Home News and New York Age 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 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 the earlier part of the afternoon.”
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 New York Evening Journal had Jameson and Samuels, together with Gordon, going to Miller’s aid when Patrolman Shannon arrested him. Viabolo was missing from the New York Evening Journal story and appeared in the New York American’s narrative as a bystander who also obstructed Miller's arrest. The New York Times simply reported that the arrest of Jameson, Samuels, and Viabolo came “later,” after Miller spoke. The Daily Worker 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 Afro-American, New York Herald Tribune, Daily News, and New York Post. The Afro-American 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 New York Herald Tribune reported, "bearing placards reading: 'Kress Brutality Beats Negro Child.' Neither story mentioned the arrest of those picketing, although the New York Herald Tribune 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 Daily News 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 New York Post, 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, describing the men as the "ringleaders" of the disorder. When Jameson, Samuels, and Viabolo 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 $2,500. When the four men returned to court, the charges against them were dismissed as they had already been indicted as a result of District Attorney Dodge's investigation. While the Magistrates Court docket book recorded the deposition of each of the men's cases as "Dism[issed], def[endant] indicted," Dodge announced the day after their indictment that he was instead 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 Afro-American, Daily News, New York Post, New York Herald Tribune, Home News, New York Sun, New York Times, New York American, and New York Age. The name was spelled Diabolo in the list of those arrested in the disorder published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and stories in New York World-Telegram and New York Evening Journal. In the edition the New York Age rushed to print on March 23, the name was Bilo. In the Daily Worker 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 New York Evening Journal, New York Times, New York Post, New York Herald Tribune, and stories about court appearances published in the Home News and New York Sun. The name was spelled Jamieson in the Daily News, Atlanta World, Norfolk Journal and Guide, and New York American.
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 mentions 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 them 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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2022-05-23T17:58:35+00:00
8:00 PM to 8:30 PM
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At 8:00 PM, people crowded both the corners of 8th and 7th Avenues and the sidewalks of 125th Street between them — except in front of the Kress store, where police continued to move on anyone who attempted to stop. When Louise Thompson returned to 125th Street and 8th Avenue at that time she found the situation that the reporter for the Afro-American had watched develop in the preceding half an hour, people on all four corners, not just the side of 8th Avenue closest to the Kress store. Walking along 125th Street to 7th Avenue, she found the four corners of that intersection similarly occupied.
The other change Thompson noticed as she walked to 7th Avenue was that by 8:00 PM “most of the windows [were] broken on 125th Street." Carlton Moss described the same sight when he arrived at 125th Street and 7th Avenue from uptown; store window after store window broken on 125th Street. Among the damaged stores were likely Myladys shop, the W. T. Grant department store, and the McCrory and Woolworths 5 & 10 cent stores on the south side of the street, and the Conrad Schmidt Music Shop, Adler Shoes, Scheer Clothing, Howard Suits, Minks Haberdashery, Savon Clothes store, and General Stationery & Supplies store on the north side. Broken windows meant holes in the large store windows, not that they had been entirely smashed; only after being hit multiple times would all the glass in the large display windows break and the merchandise inside them be accessible to looters. That danger is a likely topic of conversation between the patrolman and the store manager photographed on 125th Street, possibly around this time. While much of the glass remained in the display window, there was a hole large enough to allow them to speak. However, the only damage to the Kress store on 125th Street was the one window broken around 6:15 PM, thanks to the police deployed there to keep crowds from gathering.
Windows being broken along 125th Street were likely part of what Inspector Di Martini was referring to when he said that while standing in front of the Kress store he “noticed the crowds becoming excited” around 8:00 PM. Police had been allowing people to walk along 125th Street, as Thompson had, to keep the crowds moving rather than becoming a “mass demonstration.” With the numbers of people on the sidewalk grown large, and officers numbering in the hundreds arriving on the scene, police began to push people back to 8th and 7th Avenues. Senior police officers explained to reporters that they were establishing a cordon to protect both the Kress store and the other damaged businesses on 125th Street. At 8th Avenue, James Ford, a white Communist Party leader, saw the police “driving the people back to 8th Ave from Kress store.” Arriving around 8:00 PM, he watched mounted police riding on the sidewalk and patrolmen using their clubs, causing “resentment” among the crowd. Ford also heard “crashes of glass” as some of those at that end of 125th Street reacted by breaking more windows, including perhaps on 8th Avenue near the corner, where Andy's florist and the vacant storefronts at 2314, 2320, and 2324 8th Avenue, all of which had windows broken.
At the intersection with 7th Avenue, police were making similar attempts to keep groups of people from 125th Street. Among the small groups Louise Thompson encountered, “there were people who were infuriated,” about rumors that a boy was dead, which some compared to lynching, but also about conditions on 125th Street, that the stores “didn’t employ negroes” and charged high prices for inferior goods. She also saw “a few people” with copies of the leaflet distributed by the Young Liberators. Carlton Moss too heard rumors about a boy being killed from people at 125th Street and 7th Avenue, as well as cries to “Run dem white folks outa Harlem” — leading him to put two white friends who were with him, a man and a woman, into a taxi so they could leave Harlem. When Charles Romney returned from warning his wife to stay off the streets, he found the crowd growing, and patrolmen and mounted police on the sidewalk trying to move them. On the southwest corner, Thompson encountered Black patrolmen among the officers “pushing the people back,” and “saw one patrolman throw his billy [club] into the crowds while the mounted police were riding them down.” With police batons swinging, this could have been when Andrew Lyons, a thirty-seven-year-old Black man, received the head injury which would later kill him. Like Ford, Thompson and Moss also heard breaking glass; Thompson “occasionally…heard a few rocks breaking windows,” whereas Moss heard lots of crashing glass. He also heard someone claiming, “We got Childs — Bastards don’t ‘llow Niggahs in dare, we got ‘em,” referring to the white-owned restaurant at 272 West 125th Street, on the opposite end of the block near 8th Avenue. Louise Thompson attributed the windows being broken in stores to resentment at police tactics and the refusal to allow people to gather and seek information at the Kress store.
The crews of the emergency trucks, the police riot squad, were deployed at the intersection with 7th Avenue, likely indicating that there were more people and more windows being broken there than at 8th Avenue. With at least two trucks, and perhaps as many as six in the area, there would have been ten or more patrolmen armed with rifles, shotguns, or Thompson machine guns (tommy guns) among the police. Many of the Black residents coming to 125th Street in response to the rumors spreading through Harlem would have come via 7th Avenue as it was the major traffic route through Harlem, carrying two lanes of traffic in each direction, separated by an island planted with trees. The homes in the blocks surrounding 7th Avenue, especially north of 125th Street, were occupied almost exclusively by Black residents. By contrast, 8th Avenue was a narrower street, with only one lane of traffic each way, an elevated railroad track running above the middle of the street, and fewer Black residents to its west, thanks to St. Nicholas Park and the presence of white neighborhoods. (There was a stop on the elevated train line at 8th Avenue and 125th that would have brought people — whereas the subway stop was a block east of 7th Avenue, at Lenox Avenue.)
The islands in the center of 7th Avenue contributed to how many people could gather at the intersection with 125th Street, providing a place for some of those an Afro-American reporter observed “overflowing” the corners to go. One such group appeared in a widely reprinted image taken by a Daily News photographer. The concrete barriers on either side of the island are visible in the photograph, as is a tree, and a caption identified the location as 125th Street and 7th Avenue. A patrolman is moving toward the Black men and women in the island, indicating that police efforts to move people away from 125th Street extended to the island. A rock hit the white photographer, twenty-eight-year-old Everett Breuer, in the head after he took the image, so the officer may have been responding to objects being thrown at nearby businesses. One man close to the patrolman is bent over; the caption described 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 patrolman and the man. Two women are among the four other people in the image; women continued to be the significant presence among those responding to rumors about what had happened in the Kress store that they had been from the moment Rivera had been grabbed.
Groups of people were also on the corners of 125th Street on the eastern side of 7th Avenue by this time. Around 8:30 PM, some of those people began throwing rocks at windows of stores on the eastern side of 7th Avenue, the first reported attacks on businesses beyond the block containing the Kress store. Herbert’s Blue Diamond Jewelry store on the northeast corner of 7th Avenue seems to have been the initial target. As Carlton Moss watched, people threw rocks at the white-owned store’s windows. -
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2022-05-23T17:57:54+00:00
6:30 PM to 7:00 PM
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2024-02-16T01:38:32+00:00
Around 6:30 PM, Harry Gordon took James Parton’s place on a lamppost and started to speak to the people police had moved away from the Kress store. He had said only “Friends” when Patrolman Irwin Young dragged him to the ground and other police officers hit him with their nightsticks. Young claimed Gordon pulled his nightstick from his grasp and hit him with it. Gordon denied assaulting Young, saying that being pulled down from behind and beaten repeatedly left him unable to do anything. Police officers arrested Gordon and dragged him about thirty feet away into a radio car before any of the crowd on the street could interfere. As the car transported Gordon the short distance to the West 123rd Street police station, he claimed that the two officers in the car poked and kicked him, beatings that continued in the station and during the forty-eight hours he spent in police custody.
After watching Gordon’s arrest, Louise Thompson and others whom police had moved toward 7th Avenue returned to the Kress store. There they found three men picketing the store. Their placards identified them as members of the Young Liberators, who had made their way along the south side of 125th Street to the store while police had been moving people on the north side of the street away from store. The organization’s leader, Joe Taylor, was still inside the West 123rd Street police station seeking information on what had happened in the Kress store. The placards read “Kress Brutally Beats and Seriously Injures Negro Child and Negro Women. Negro and White Don’t Buy Here” and “Kress Brutally Beats Negro Child,” reflecting the reports earlier brought to the Young Liberators’ office. Two of those carrying placards were unemployed white men, named Sam Jameson and Murray Samuels, both nineteen years of age; the third was an older Black man, thirty-nine-year-old Claudio Viabolo.
While pickets in front of white businesses on 125th Street had become a familiar sight in the previous year, those pickets had mostly been Black women, joined by a small number of Black men. The mix of white and Black protesters was typical of the Communist Party pickets seen elsewhere in Harlem as part of labor disputes. Picketers had rarely been arrested before a court decision handed down on October 31, 1934, usually only if they became involved in struggles with shoppers or staff. Since the decision restricting picketing to labor disputes, simply walking up and down in front of a business in any other circumstance could result in being arrested.
Police officers in front of the Kress store told the three men to move on, as they had others who had gathered in front of the store. When the men continued to picket, a group of police arrested them, including Patrolman Shannon, who had arrested Daniel Miller about thirty minutes earlier, and Sgt. Bauer, who had been inside the store before it closed. Jackson Smith, watching the arrests from inside the store, saw police take the placards and pull the men into the store vestibule, out of sight of most of those on the street. The three men were held there until they could be transported to the West 123rd Street police station.
Meanwhile, police stepped up their efforts to move people on 125th Street away from the Kress store, pushing them toward 8th Avenue. The number of people on the street had also grown by this time, fed by those beginning to make their way to shows in the nearby theaters. Reinforcements had also increased police numbers beyond those stationed at the store by Inspector Di Martini. After he learned that police had made arrests, he had telephoned for additional men. About fifteen patrolmen, six mounted police and uniformed men from five radio cars were on 125th Street by this time. Louise Thompson, who “walked up and down 125th Street” after seeing the picket at the Kress store, saw the “riot squads were out” and mounted police “ride the people off the sidewalk.” Those officers were able to move the groups of people back to the corner of 8th Avenue by 7:00 PM. A glimpse of how they did that is provided by a photograph published in the Daily News. A patrolman in the center of the image is pushing a man back and swinging his nightstick towards him. To his left is another patrolman walking toward the crowd of men and women. Behind him, next to the photographer, is a horse, indicating the presence of a mounted patrolman. Men and women in front of the police are turning and walking in the direction the officers are moving them, while those to the right of the police remain standing, either because they are not obstructing the sidewalk or because police have yet to turn their attention to them. -
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2022-05-23T17:57:39+00:00
6:00 PM to 6:30 PM
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2024-05-28T22:42:55+00:00
James Parton and Daniel Miller arrived in front of the Kress store around 6:15 PM. Louise Thompson returned to 125th Street around the same time, making her way from 7th Avenue toward 8th Avenue a little behind the two men. She encountered more people on that block than when she had been pushed out of the Kress store. Small groups talked more excitedly about a range of grievances in addition to the treatment of the boy grabbed in the store: against the agency providing relief for those without work, high rents, prices charged by white businesses and their lack of Black staff. Harry Gordon, a twenty-year-old white student and member of the New York Student League, an organization affiliated with the Communist Party, and two (likely white) companions walking along this block of 125th Street also encountered groups of “excited” people. Unlike Thompson, Gordon claimed he did not know that something had happened in the Kress store. Nor could he get “anything at all” from the groups on the street about the cause of their agitation, likely because he was a white man. He and his companions may have actually have been in the area as part of the Communist Party response to the rumors circulating in Harlem, or, like Channing Tobias, have come for the entertainments of 125th Street at the end of their workday. When Tobias completed his shopping, he came back to 125th Street and 7th Avenue and continued along the street “to go the theatre.” However, he found “the crowd was pretty thick” and “so threatening” that he reconsidered those plans. Although Black residents made up the majority of those who patronized 125th Street in 1935, white men and women from neighborhoods further west and east would have been among the crowds on the street.
Parton and Miller set up their stepladder and banner in front of the Kress store. While street speakers typically set up on the corners on 7th Avenue and Lenox Avenue, speaking elsewhere on the street as Parton and Miller did was not uncommon even if it offered less space for an audience. Communist Party speakers set up in front of the offices of affiliated organizations and had spoken in front of the Empire Cafeteria during their boycott campaign the previous year. Inside the Kress store, the ladder being placed in front of the store caused one of the four staff who remained to call the manager, Jackson Smith, to the front to see what was happening.
Parton climbed the ladder and spoke first. Few in the small groups around the Kress store stopped talking to listen to him, making it difficult to hear his brief appeal for Blacks and whites to come together against the trouble in the store. He then introduced Miller, who climbed the stepladder and started to speak. The white man had spoken only a few words when someone in the crowd threw an object at the Kress store, breaking one of the display windows. Such attacks had not occurred during the campaigns targeting white businesses on 125th Street the previous year; however, windows in the Empire Cafeteria had been broken during the protests organized by the Communist Party. Both Black and white men and women were on street around Miller when he spoke, including Louise Thompson and Harry Gordon.
The sound of breaking glass brought an immediate reaction from the police in front of the store entrance. Patrolman Shannon pulled Miller down from the stepladder and arrested him. Other patrolmen cleared the sidewalk as the people around Miller scattered. Channing Tobias watched from that side of the street as “a policemen came up on the sidewalk on his horse and attempted to charge through the crowd.” Seeing the crowd come back after the officer went by, Tobias “decided it was going to be some real trouble,” and left for home. Police officers followed some of the scattering crowd, including Louise Thompson and Harry Gordon, across 125th Street, pushing groups east away from the Kress store and towards 7th Avenue. About 300 feet further down the block, Parton climbed a lamppost and again spoke to the crowd, saying “that a boy had been killed and that a crowd should gather in protest.”