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Daniel Miller speaks to a crowd
By the time the two men arrived in front of the store it was around 6.15 PM. Inspector Di Martini told a public hearing of the MCCH that he had left Kress’ store about fifteen minutes earlier, when the area seemed quiet to him. He left a Sergeant and four patrolmen stationed in front of Kress’ store, according to his report on the disorder. Patrolman Moran testified in a MCCH hearing he was stationed across 125th Street opposite Kress’ store. Patrolman Timothy Shannon, who had been in the store since 4 PM, must have been one of the officers stationed directly in front of the store, given his later involvement in arresting MIller, along with Sergeant Bowe, who testified he was a witness to that arrest.
Climbing the ladder, Parton said “there had been some trouble in Harlem and [he?] would like to have the Negroes and whites come together,” Miller told a MCCH public hearing. Louise Thompson wrote in New Masses that she heard him speak of "'Negro and white solidarity against police-provoked race-rioting." Other witnesses and newspaper stories simply reported that Parton introduced Miller. About 150-200 people were in 125th Street around Kress when he climbed the ladder, according to Miller. As he began speaking, someone in the crowd threw an object that broke a window in Kress’ store, behind Miller. At that moment Patrolman Shannon pulled Miller down from the ladder and arrested him. (Although Shannon testified in the public hearing, he was not asked to provide details about the arrest of Miller). Other police officers then "cleared the crowd from the front of the Kress store," Patrolman Moran testified in a MCCH hearing. The people who had been listening to Miller scattered, many moving across 125th Street to the opposite sidewalk. There James Parton attempted to again speak to the crowd, but was moved on by police. Further east on 125th Street, he was able to climb a lamppost and speak, after which he introduced another white man, twenty-year-old Harry Gordon. He too would be dragged down and arrested by police around 6.30 PM.
As was the case with events inside Kress’ store, testimony in the public hearings of the MCCH provide the most detailed evidence of the events outside the store in the early evening of March 19. Louise Thompson testified on March 30, Patrolmen Shannon and Moran testified on April 6, and Miller and Harry Gordon testified on May 4. (Thompson’s article in New Masses mentioned only Miller speaking, without naming him). The MCCH Subcommittee report summarized that testimony briefly, a paragraph that appeared revised and slightly expanded in the final report. Neither narrative named the speakers.
By contrast, newspaper stories truncated the events and presented Miller as arriving and acting together with the three members of the Young Liberators, two white men and one Black man, arrested about half an hour later picketing in front of Kress, and in some cases with Harry Gordon. In those stories, the men’s speeches and actions were responsible for moving the crowd to violence. That portrayal reflected what police told reporters. (The MCCH final report argued to the contrary that “It was probably due in some measure to the activities of these racial leaders, both white and black, that the crowds attacked property rather than persons.”).
The New York American focused on Miller’s arrest by Shannon, triggered not by the broken window but after he refused an order to move on, and adding a second episode that other evidence indicates did not happen: the two white Young Liberators and Gordon came to Miller’s aid when he was arrested, and battled Shannon and two other patrolmen before also being arrested. (That story, relying on information from the police, misidentified Gordon as picketing the store and portrayed the Black man who did picket, Viabolo, as a bystander “who had offered the boys help.”) A briefer version of that inaccurate narrative appeared in the NYEJ, without the names of the other officers involved, and omitting Viabolo. Both publications were Hearst newspapers, which shared an anti-Communist stance and a sensational style.
The NYS identified Miller as speaker, but described an extended speech that aroused a crowd that other sources indicate did not happen: “Miller's exhortations played upon their credulity until whispers that the boy had been murdered began to creep around the fringe of the restive mob.” Only after being “harangued” by Miller did someone in the crowd break a window (harangue was also the word used by the NYT, NYP, AA, NYEJ). The story did not mention the circumstances of his arrest. The NYT more briefly described a similar scene, while also mentioned Miller’s arrest. Neither newspaper included Gordon in the group of men. The NYP more briefly described Miller, Gordon and the two other white men as having been arrested for “haranguing crowds, urging them to fight.” The NYA reported the arrest of the four men in front of the store without details of what police alleged they had done. The HT, HN DN and AA initially reported only the presence of unnamed speakers, who the DN, AA, and HN gave an inflated role in moving those on the street to act, and did not mention that police arrested them.
Additional stories featuring Miller appeared when he was arraigned in the Magistrates Court on March 20, including in the papers who the previous day had not named him and the others who spoke and picketed. Again, Miller was grouped with the three Young Liberators who picketed, following police presenting them as a group in court, with Patrolman Shannon as the arresting officer of all four men. In court, Gordon appeared separately, and charged with assaulting the police officer who arrested him. Gordon was also alone in speaking out in the police line-up, attracting attention from reporters. The DM reported Gordon identified himself as a college student, apparently leading that reporter to assume that Miller and the other men were also students. The NYT and NYS instead recorded Miller as unemployed, while other newspapers did not list his occupation. Police told reporters that Miller and the other men were all members of the Young Liberators and Communists, according to the NYS, a label also employed by the DN and NYA, and unsurprisingly, the three Hearst newspapers, the AM, DM and NYEJ. Lawyers from the ILD who appeared in the Harlem Magistrates Court to represent them provided further confirmation of that association (Gordon refused that representation in favor of getting himself a lawyer, but that man was also an ILD attorney, Gordon revealed in the public hearing, who he claimed he knew through his son not political activities).
In the public hearing, Miller testified he was a member not of the Young Liberators but of the Nurses and Hospital League. Nonetheless the goal of that organization, “to fight for Negro workers and Hospitals” still associated him with the Communist Party. So too did his choice of restaurant in Harlem. The Empire Cafeteria had been the target of a Communist Party campaign to force the owners to hire Black staff six months earlier, after which it became a regular advertiser in the Daily Worker. That Communist Party newspaper would report that the Empire Cafeteria was one of the businesses not damaged during the disorder.
On March 29, several days after Miller and the other men appeared in the Harlem Magistrates Court, and before the first public hearing of the MCCH, the DW published a detailed narrative of the events in and outside Kress at the beginning of the disorder. It was the only newspaper to revisit these events after the initial reporting. Police dragging Miller down and arresting him are included in that narrative. However, before the arrest, the story described an “orderly” meeting in which the “speakers urged unity of black and white workers in the fight against Negro oppression. They pointed out the discrimination in jobs, in housing, in relief. They referred to Scottsboro. They urged particularly that the workers guard against boss incitement to race riot, which would be the opposite of workers' solidarity in the struggle for Negro rights and for working class rights in general.” While that is likely what the Communist speakers would have said, Miller testified a little over a month later that no such meeting took place. “Fellow Workers” was all he said before a window was broken and police arrested him. The DW did not publish a story about the MCCH hearing in which Miller appeared. The newspapers that did publish stories on that hearing did not mention Miller. It was at that hearing on May 4 that Gordon testified about how police beat him while he was in custody, and denied him food and access to a lawyer. His testimony was reported in stories in the NYT, Am, AA, NYA and an ANP story published in IR and AW, effectively overshadowing what Miller said. (The AN for this week is missing). Neither man's testimony was reported in stories in the WT, NYEJ, which focused on the upheaval in the audience, or the NYP, which focused on another police brutality case.
Daniel Miller did not appear in the MCCH's transcription of the 28th Precinct Police Blotter; Claudio Viabolo, the Black Young Liberator, is the only one of the five speakers and picketers in that record. When Miller appeared in the Harlem Magistrates Court on March 20, the charge recorded in the docket book was riot. Assistant District Attorney Carey requested Miller be held for a hearing on March 23, on the maximum bail of $2500, like the three Young Liberators arrested after Miller for picketing Kress' store. The police grouped the four men together, telling newspaper reporters they were the "ringleaders" of the disorder. When Miller and the three other men returned to court, the charges against them were dismissed as the grand jury had already sent them for trial. While the Magistrates Court docket book recorded the deposition of the men's cases as "Dism[issed], def[endant] indicted," the grand jury had actually voted informations against them, sending them for trial on misdemeanor charges in the Court of Special Sessions, rather than indictments for more serious felony charges, a distinction most clearly reported in the Daily News. 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 judges found the men not guilty of inciting a riot, the New York Amsterdam News reported.
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This page references:
- Inspector Di Martino (Commanding Officer, Sixth Division), "Report of Disorder," (March 20, 1935), 1, Subject Files, Box 179, Folder 10 (Roll 86), Office of the Mayor, Fiorello H. La Guardia records (New York City Municipal Archives).
- Harlem Magistrates Court docket book
- "Plan To Indict For Anarchy In Harlem Riots," Daily News, March 26, 1935, 14.
- Louise Thompson, "What Happened in Harlem: An Eye-Witness Account," New Masses (April 2, 1935): 16.
- Public Hearings - Outbreak (March-April 1935), 48, Subject Files, Box 408, Folder 8 (Roll 194), Records of Mayor Fiorello H. La Guardia, 1934-1945 (New York City Municipal Archives).
- Public Hearings Events of March 19 – May 4, 1935, 62, Subject Files, Box 408, Folder 5 (Roll 194), Records of Mayor Fiorello H. La Guardia, 1934-1945 (New York City Municipal Archives).
- "Five Freed in March Rioting," New York Amsterdam News, June 22, 1935, 20
- Public Hearings - Outbreak (March-April 1935), 60, Subject Files, Box 408, Folder 8 (Roll 194), Records of Mayor Fiorello H. La Guardia, 1934-1945 (New York City Municipal Archives).
- "Report of Subcommittee which Investigated the Disturbances of March 19th," (May 29, 1935), 4, Subject Files, Box 167, Folder 6 (Roll 76), Records of Mayor Fiorello H. La Guardia, 1934-1945 (New York City Municipal Archives).