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Vito Capozzio assaulted
Other evidence in the docket book, and Jackson and Smith's absence from most newspaper reports of those arrested during the disorder, suggest that this incident was not part of the disorder. When Jackson and Smith appeared in court on March 20 the charge against them was the lesser offense of disorderly conduct, not assault, annotated with the word "fight." The reduced charge could simply indicate that Capozzio's injuries did not warrant a charge of assault. However, this is the only instance in which the charge was annotated with "fight." Another possible interpretation is that Jackson and Smith may have got into a fight in a business which Capozzio either owned or worked in rather than assaulting him. The area north of 130th Street where the men were arrested saw fewer incidents and arrests during the disorder. Jackson and Smith would not have been the only men who appeared in the court that day not arrested as part of the disorder; eleven of the forty-four recorded in the docket book on March 20 faced charges unrelated to the disorder, such as offenses against the Sabbath Law. While stories in New York Age and New York Herald Tribune reported Jackson's appearance in court, only the New York Age also mentioned Smith, the only time he appeared in the newspapers. That inconsistency, and the absence of the men from other stories about the court proceedings, suggest at least some confusion about whether their arrests related to the disorder. Magistrate Ford did convict both Jackson and Smith, but sentenced them to just two days in the workhouse or a $5 fine.
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This page references:
- "List of Dead And Injured In Riot In New York City," Norfolk Journal and Guide, March 30, 1935, 18.
- "Harlem Riot Damage is Figured at Half Million," Afro-American, March 30, 1935, 1, 2.
- "Says Economic Conditions in Harlem Are Bad," Atlanta World, March 27, 1935, 1, 2.
- New York Penal Law, § 722-724: Disorderly Conduct
- "Riot Deaths Mounting Daily as Fourth Victim Succumbs. Extra Police Still on Duty; Many Sentenced to Workhouse Terms," New York Age, March 30, 1935, 1
- Washington Heights Magistrates Court docket book
- "21 of 96 Held in Harlem "War" on Home Relief," New York Herald Tribune, March 21, 1935, 2.