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The Negro in Harlem: A Report on Social and Economic Conditions Responsible for the Outbreak of March 19, 1935 (1935), 9, Subject Files, Box 167, Folder 8 (Roll 76), Records of Mayor Fiorello H. La Guardia, 1934-1945 (New York City Municipal Archives).
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2020-02-25T18:03:35+00:00
Lloyd Hobbs killed
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2023-12-07T15:10:43+00:00
Lloyd Hobbs, a sixteen-year-old Black teenager, was shot and killed by Patrolman John McInerney, who claimed Hobbs had been looting an auto supply store.
Around 7:30 PM, Hobbs and his fifteen-year-old brother Russell had made the short trip from their home on St. Nicholas Ave to the Apollo Theater on 125th Street for a show, not emerging until 12:30 AM. When they stepped back onto 125th St, they saw crowds down the block at the intersection with 7th Ave, and went to investigate. They followed as police pushed the crowd north on 7th Ave. As people milled in front of a damaged auto parts store at 2150 7th Avenue near 128th Street, a police radio car pulled up, and one of the officers inside, Patrolman John McInerney got out. Fearing that they would be beaten by the police, the boys and the others in front of the store ran up 7th Avenue. Here the accounts of the boys and seven Black eyewitnesses and those of the two white patrolmen diverged.
In assessing the case, the two reports gave significant weight to the character of Lloyd Hobbs and his family. The subcommittee argued that "the record of Lloyd Hobbs and that of his family are presumptive evidence that he was not the kind of boy who would engage in looting." The final report of the MCCH described the boy as "having a good record in school and in the community, and being a member of a family of good standing and character." Lloyd Hobbs had been born in Brunswick County, Virginia, in 1916, the second youngest of five children of Mary and Lawyer Hobbs. (The story published in the New York Amsterdam News on April 6, 1935, accompanied by a photograph of Mrs. Hobbs, gave her first name as Carrie, but it was recorded as Mary in the census in 1930, 1940, and 1950). The boy's name was recorded as Lawyer in the 1930 census and as Lawyer, Jr in the "Social and Economical History" of the family written by James Tartar, but elsewhere in that document and in all other sources as Lloyd. The family farmed in Virginia until 1927, and still owned 83 acres there, when Lawyer's ill health required him to get work "which would not necessitate his being in the sun," according to his wife. He had worked previously in New York City, so the family relocated there. Lawyer found work first as a sexton at Union Baptist Church, then for a construction company. Mary Hobbs worked first as a domestic servant, the most common occupation for Black women, before becoming one of a much smaller group employed in factory work, in her case at a lampshade company. That was her occupation in the 1930 census; Lawyer's occupation was recorded as chauffeur. At that time the family lived at 228 West 140th Street, their home since they arrived in New York City. By April, 1931 both parents had lost their jobs, and the family joined many in Harlem applying for work and relief from private and government agencies. Sometime in the intervening years Lawyer Hobbs found some work as a helper on a truck owned by Charles Bell (perhaps a brother-in-law; a sister-in-law named Senora Bell lived with the family in 1930).
McInerney and his partner, Patrolman Watterson, claimed that as they were driving south, their attention had been drawn to the auto parts store by the noise of breaking glass, and they had seen Lloyd in the window handing items out to those on the street. Three of the eyewitnesses, Howard Malloy, Arthur Moore, and Marshall Pfifer, said all the windows of the store had been broken at least an hour earlier and nothing remained in the display by the time the Hobbs brothers arrived there. The patrolmen said that Lloyd climbed out of the window with items in his hands as they pulled up, and when McInerney pursued him up 7th Avenue and called on him to halt, continued to run. When those running from the patrolman got to 128th Street, Lloyd broke away from the group and turned west on to 128th Street. McInerney then shot the boy. Warren Wright, standing in the entrance of the apartments above 2150 7th Avenue, south of the store, Howard Malloy, Arthur Moore, and Samuel Pitts standing on the corner across 128th Street from the auto supply store, in front of Battle's Pharmacy, to which the crowd was running, John Bennett, in 201 West 128th Street toward which Lloyd turned and ran, and Marshall Pfifer, standing on the corner of West 128th Street on the other side of 7th Avenue, all testified that the boy had nothing in his hands as he ran and that McInerney did not call to him to halt before shooting him. After the bullet hit Hobbs and he fell to the ground, McInerney and Watterson, who had remained in the car, backing it into 128th Street, said Lloyd dropped a car horn and socket set, which McInerney picked up. Seven witnesses said that there was nothing on the ground next to the boy.
The two patrolman loaded Lloyd Hobbs into their car and drove him to Harlem Hospital. Russell Hobbs had kept running up 7th Avenue and had not seen the shooting. He learned from the crowd at the scene that it was his brother who had been shot and driven away and immediately ran home to tell his parents, Lawyer and Mary Hobbs. The family rushed to Harlem Hospital. When they found Lloyd, he told them, “Mother, the officer shot me for nothing. I was not doing anything.” McInerney, guarding the boy, said "Why didn't you halt when I told you to?" Lloyd offered the same account when questioned in the hospital by Homicide Bureau detectives, in a statement recorded by a police stenographer.
Lloyd Hobbs appeared in all seven published lists of those injured in the disorder, in the New York Evening Journal, New York Post, Daily News, New York American, Home News, New York Herald Tribune, and Brooklyn Daily Eagle.
In the following days, Lawyer Hobbs went to the 28th Precinct several times trying to make a complaint against the officer who had shot his son. He also sought help from the New York Urban League, giving them a statement about what had happened to his son on March 28, which they sent to the MCCH. As a result, Hobbs and his family were among the witnesses asked to come to the MCCH's first public hearing on March 30. Only Russell testified that day, briefly describing how his brother had been shot. A few hours later, at 6:30 PM, Lloyd Hobbs died in Harlem Hospital, the fourth death resulting from the disorder. While the New York Times, Daily News, New York Age, New York Amsterdam News, and Afro-American referred to Russell's testimony in reporting Hobbs' death, the New York Herald Tribune, Times Union, Home News, Daily Mirror, New York American, and Chicago Defender reported only the boy's death in their stories.
The next week, at the MCCH hearing, Lawyer, Mary, and Russell Hobbs testified, together with three Black men who had witnessed the shooting, Howard Malloy, Arthur Moore, and Samuel Pitts, Dr. Arthur Logan, one of the physicians who treated Lloyd Hobbs, the police stenographer who had recorded a statement from the boy soon after he arrived at Harlem Hospital, and James Tartar, a Black investigator for the MCCH. Assistant District Attorney Saul Price heard the testimony of the three eyewitnesses soon after the hearing and had them appear before the grand jury on April 10 so they could consider charges against Patrolman McInerney. The grand jury also heard from Russell Hobbs, both his parents, McInerney's partner, Patrolman Watterson, the police stenographer, the detective who investigated the shooting, John O'Brien, and the owner of the automobile supply store. Patrolman McInerney also offered to testify, but the grand jury opted not to hear him. They dismissed the case.
The MCCH nonetheless continued to investigate the boy's killing, hearing testimony from McInerney's partner, Patrolman Watterson, and Detective O'Brien, who investigated the shooting, at a hearing on April 20 marked by angry interjections from the audience. Four additional witnesses to the shooting testified at an MCCH hearing on May 18. James Tartar, the MCCH investigator, also obtained information that McInerney had not turned in the items he claimed to have found next to Lloyd Hobbs until April 8, more than two weeks after he shot the boy. That interval raised the possibility that the patrolman had not found the items at the scene but had obtained them later, when he needed to justify the shooting. As a result of that information and the testimony of additional eyewitnesses, Assistant District Attorney Saul Price presented the case to the grand jury for a second time on June 10. After hearing from the new witnesses, and from Tartar about the absence of the allegedly stolen items from police records and the Police Property Department until April 8, the grand jury again dismissed the case without hearing testimony from McInerney.
The police department had committed to an internal hearing on the case before ADA Price had decided to resubmit it to the grand jury. The hearing took place on June 14; in attendance were James Tartar and E. Franklin Frazier, the Howard University sociologist who had recently started work leading the MCCH's investigation of Harlem. It was the first time that anyone outside the police department and the district attorney's office heard Patrolman McInerney's testimony. While Tartar and Frazier were unpersuaded, senior police officers found the shooting of Lloyd Hobbs was justified, reprimanding the patrolman only for his delay in handing in the items he claimed to have found at the scene.
While two grand juries and a police department hearing exonerated McInerney, the MCCH and the Black press did not share that view. Arthur Garfield Hays and Oscar Villard gave a central place to McInerney killing Hobbs in the report of the subcommittee submitted to Mayor La Guardia on June 11, 1935. The report of the subcommittee characterized the killing of Lloyd Hobbs as "inexcusable." E. Franklin Frazier included that material in the final report of the MCCH, framed in even harsher terms: the killing of the boy was "a brutal act on the part of the police." Police Commissioner Valentine was unmoved by that censure. He responded to both reports by asserting that Lloyd Hobbs had been looting the store and that two grand juries had exonerated McInerney.
Lawyer Hobbs' income allowed the family to settle in a fourth-floor apartment at 321 St. Nicholas Avenue in 1932, having moved twice in the preceding year, as many in Harlem did during the Depression. A lodger helped pay the rent in 1935. James Tartar, the MCCH investigator, described the residence as "a comfortable apartment, clean, nicely arranged, nicely furnished and well ventilated."
Throughout their time in the city, the Hobbs children attended school. By 1935 the eldest, twenty-year-old Cassie, was working, but her twin sisters Hazel and Zenobia remained students at the Textile High School, Lloyd was a student at Haaren High School, and his younger brother Russell a student at Frederick Douglas Junior High School. Lloyd would have graduated in June, according to a story in the New York Amsterdam News.
After Lloyd's death, the family continued to live at 321 St. Nicholas Avenue until at least 1950. All the family members resided there in 1940. Fifty-six-year-old Mary, who provided the information to the census enumerator, did not identify an occupation. Lawyer was working as a laborer in a sugar refinery, Cassie and Zenobia as seamstresses in a dress factory, Hazel in a lampshade factory, and Russell as a clerk in a food store. All but Zenobia were still living in the apartment in 1950, although as Cassie was recorded as divorced she had likely not resided there for all of the intervening ten years. Neither Lawyer nor Mary, who was listed as sixty years old, were working by that time. Hazel had joined Cassie working as a seamstress, while Russell now worked as a driver for a construction company.
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2021-11-24T18:22:42+00:00
Kress 5, 10 & 25c store front windows broken
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2023-11-21T03:32:49+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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2023-06-14T14:50:59+00:00
The police hearing (June 14)
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Less than a week after a grand jury decided not to indict Patrolman John McInerney, on June 14, a police department hearing on the shooting of Lloyd Hobbs took place. Only three of the seven eyewitnesses were at the hearing, Howard Malloy, John Bennett, and Warren Wright. Why Moore, Pitts, Hughes, and Pfiffer were not present was not mentioned. Louis Eisenberg, the store owner, also did not testify, nor did the medical examiner. Russell Hobbs and his parents were heard, as were Patrolman Watterson and Detectives O'Brien and McCormick. None said anything different from their testimony in the grand jury hearings and in the MCCH hearings, according to James Tartar, who was in attendance, together with E. Franklin Frazier, the Howard University sociologist who had recently started work leading the MCCH's investigation of Harlem.
The tenth witness at the hearing was Patrolman McInerney, whose testimony had not been heard in either the legal proceedings or the MCCH hearings. For Tartar, the hearing provided his "first opportunity to hear Patrolman McInerney's version of the shooting of Lloyd Hobbs." He found it far from persuasive; in fact, he judged it "rehearsed" as it was "as if he were reading the testimony of Patrolman Watterson," his partner. McInerney's testimony that on the morning of March 20 he had taken the horn and socket set to Eisenberg for him to identify the items as coming from his store, and then kept them in his locker, Tartar saw as evidence he had obtained them after he learned that the shooting was being investigated. Seeing the arrest record in which O'Brien had testified the horn and socket set had been recorded only confirmed his opinion: he discovered that part of the record had been "changed to show the quantity and type of articles alleged to have been shown." Tartar claimed that when he made Inspector Di Martini aware of the changes, he agreed that the arrest record had been altered.
Despite what Tartar found in the arrest record, the outcome of the hearing was only a reprimand for Patrolman McInerney for failing to turn in evidence at the proper time. Not only Tartar, but Arthur Garfield Hays and E. Franklin Frazier, drew different conclusions from the testimony. While Tartar could only express his belief that McInerney "had committed a crime" in reports for the MCCH, Hays and Frazier had the opportunity to condemn the police officer's killing of Lloyd Hobbs in reports that were eventually made public.
The report of the subcommittee characterized the shooting as "inexcusable." "The record of Lloyd Hobbs and that of his family are presumptive evidence that he was not the kind of boy to engage in looting" and "it is the testimony of several reputable witnesses that McInerney did not call upon the boy to halt before firing and that his first and only shot hit the boy." Even had Hobbs done what the patrolmen claimed, the report argued that shooting him was not justified: "there was no public disorder at the time to call for violent action, a life should not have been taken for the offense, and the officer should certainly have fired into the air, if necessary, rather than shot to kill immediately. Better still would have been the continuation of the pursuit and at least a genuine effort to run the boy down."
After the report of the subcommittee was made public, Hays wrote to Commissioner Valentine about its recommendations and what had been done regarding the shooting of Lloyd Hobbs and the other cases of police brutality it described. Valentine responded that each of the cases had "been thoroughly investigated by the appropriate officials of this Department and no cause for disciplinary action was found." In regards to Hobbs specifically, he simply stated that two grand juries had exonerated McInerney. Public censure by the MCCH clearly did not trouble the police department.
Six months later, Frazier echoed the subcommittee report in describing the killing of Lloyd Hobbs as "inexcusable" in the final report of the MCCH, adding that it was "a brutal act on the part of the police." In dismissing McInerney's account of the shooting, Frazier argued that "besides the testimony of witnesses, there are several acts which cast serious doubts on the statement of the police," enumerating the questions about the items Hobbs was alleged to have stolen. He also invoked Lloyd's "good record in school and in the community" and the family's "good standing and character" as further evidence that the shooting was unjustified and "that the life of a Negro is of little value to the police."
Police Commissioner Valentine's response to the final report effectively confirmed Frazier's conclusion. He devoted only six and a half lines of the six-page report to Mayor La Guardia to the "Case of Lloyd Hobbs," significantly less than any of the other five cases of police brutality discussed in the report. The killing was simply "the outcome of Hobbs burglarizing premises 2150 7th Avenue," Valentine wrote, an assessment that the grand jury had confirmed when they "exonerated" McInerney. In perhaps a further indication of how little attention Valentine and his staff paid to the killing of Lloyd Hobbs, the letter mistakenly stated that McInerney had testified before the grand jury.