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Warren Johnson arrested
While the story in the Daily Mirror suggested Johnson and Brown had been arrested at the intersection, so likely were alleged to have broken windows nearby, the store in which Henry Stewart allegedly broke a window was two and half blocks north of where the story reported his arrest. It is possible that the intersection was where police were stationed, where those arrested were initially brought, rather than the site of their arrest. Johnson lived at 206 West 121st Street, a block east of 8th Avenue and six blocks north of where he was reported arrested. All six of the men and women arrested by police on 8th Avenue lived either west of the avenue or in the block between 8th and 7th Avenues, but the others lived north of 125th Street, considerably closer than Johnson.
Warren Johnson is recorded in the 28th Precinct Police blotter as charged with inciting a riot. That charge is reported in the lists published in the Atlanta World, Afro-American and Norfolk Journal and Guide, in the New York Evening Journal and in the New York Daily News, as well as in the story in the Daily Mirror. Police appear to have initially charged many of those arrested during the riot with inciting a riot, and then revised those charges to fit the specific act that an individual was alleged to have committed before their arraignment in court. Prosecutors had changed the charge against Johnson to malicious mischief by the time he appeared in the Harlem Magistrates Court on March 20. Magistrate Renaud held Johnson in custody until March 25, on bail of $500. When he was returned to court, the charge against Johnson was reduced to disorderly conduct, malicious mischief crossed out in the docket book, "Red." written above it, and "DISORDERLY CONDUCT" stamped in its place. That change, to a lesser offense that did not involve damage to property, likely indicated a lack of evidence that Johnson had broken a window. Disorderly conduct was also an offense that could be adjudicated by a Magistrate. Magistrate Ford convicted Johnson and gave him a suspended sentence. Louise Brown, arrested with him and prosecuted in the same way, also received a suspended sentence.
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This page references:
- "Transcripts of Police Blotter - Precinct 28, March 19 & 20, 1935," MCCH - Juvenile Delinquency - 1935-36, Departmental Correspondence. Box 34, Folder 1 (Roll 171), Records of Mayor Fiorello H. La Guardia, 1934-1945.
- "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, § 2090-2092: Riot
- New York Penal Law, § 722-724: Disorderly Conduct
- New York Penal Law, § 1433: Malicious Mischief
- "List of Those under Arrest in Harlem Riot and the Charges They Face," New York Evening Journal, March 20, 1935, 3.
- Harlem Magistrates Court docket book
- "Arrested in Rioting," Daily News, March 20, 1935, 3.
- "Harlem Mob War. 1 Dies, 50 Hurt, 100 Arrested In Wild Night, Daily Mirror, March 20, 1935, 4.