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Harlem in Disorder: A Spatial History of How Racial Violence Changed in 1935

Robert Tanner arrested

Around 3 AM, Officer Charles Necas of the 28th Precinct reported seeing Robert Tanner, a seventeen-year-old Black student, put his hand in the broken window of Jack Garmise's cigar shop at 1916 7th Avenue and take a pipe, according to the Magistrates Court affidavit. Necas then arrested Tanner. The store window had been broken a little over an hour earlier, when two police officers allegedly saw someone in a crowd throw a milk can. At that time officers arrested two men, Thomas Jackson and Raymond Easley. That Tanner allegedly took a single pipe suggests that there was little merchandise in the window by that time, that most of the $100 of pipes, clocks, watches, razors and other goods that Garmise reported stolen had been taken earlier. While it does not appear that police officers guarded the damaged store, as they did on West 125th Street, it was in a likely location for police to be stationed: on the corner of West 116th Street, the business district south of West 125th Street, and Harlem's busiest avenue. Tanner lived on West 116th Street only three buildings west of 7th Avenue, at 218 West 116th Street. He was likely one of the many Harlem residents drawn to the streets by the disorder. There is no mention of others in the area at the time, but there are a scattering of reported events nearby around this time.

Tanner was one of only two of those arrested identified as a student, along with John Henry, and one of only four under eighteen years of age. His name is in the lists of those arrested for burglary published in the Atlanta World, Afro-American and Norfolk Journal and Gazette, and the New York Evening Journal.  When he was arraigned in the Harlem Magistrate Court on March 20, Magistrate Renaud held him for the grand jury on $1000 bail, according to the Magistrates Court docket book. The Home News published the only report of that appearance, which grouped Tanner with Thomas Jackson, one of the men arrested for the earlier attack on Garmise's shop who the docket book indicates had been arraigned shortly before Tanner. The story mistakenly reversed the timing of the men's alleged crimes described in the legal records, reporting that Tanner smashed a side window an hour before Jackson broke the front window. A grand jury indicted him on a charge of burglary on March 22nd. Three days later the New York Sun reported that Tanner appeared in the Court of General Sessions, at which time he did not offer a plea, unlike the other men who appeared with him, and the judge continued his bail. When he appeared again in the court, he pled not guilty. By April 4, he had agreed to plead guilty to petit larceny, an outcome which went unreported in the press but was noted in the District Attorney's case file and the 28th Precinct Police Blotter. The district attorney offered that plea bargain to most of those indicted for burglary. The blotter provides the only evidence of his sentence, to the New York City Reformatory, as a result of being a youthful first offender.
 

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