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Windows broken without arrest (54)
There are significantly more businesses with broken windows for which no one was charged than businesses that were looted, 75% (54 of 72) compared with 55% (37 of 67). Most of those stores were on and around West 125th Street, the area where the disorder began, and likely suffered damage during the time when small numbers of police struggled to control crowds that had gathered in front of Kress' store. Three arrests on West 125th Street, of Frank Wells, Claude Jones and William Ford, came after police reinforcements arrived. The reported arrests on Lenox Avenue around West 125th Street for which there is information on timing, of John Kennedy Jones, Bernard Smith, and Leon Mauraine and David Smith, came after midnight, when businesses in that area began to be looted. Another cluster of businesses with broken windows for which no one was arrested was on West 116th Street and the blocks of Lenox Avenue around it. That lack of arrests could indicate the absence of police in that area, which also was ignored in the English-language press. Those damaged businesses were only reported in La Prensa, with the arrest of Jackie Ford two days after the disorder for allegedly breaking a window in a store at 142 Lenox Avenue also mentioned in the New York Post and New York World-Telegram. Several newspapers drew the boundary of the disorder north of West 116th Street: crowds only went as far south as 120th Street according to the New York World-Telegram, New York Herald Tribune, New York Evening Journal and Daily Mirror; and as far south as 118th Street according to the Home News. (The Daily News and Afro-American did report crowds as far south as 110th Street).
The low proportion of arrests supports the claim that police were unable to protect businesses made in multiple newspaper stories and by business-owners who sued the city for damages, as well as in the MCCH report. Once the crowd around Kress’ store broke into smaller groups sometime after 9.00 PM, police were unable to clear the streets or contain all those groups. When police did disperse crowds, they simply reformed, according to the New York Herald Tribune, New York World-Telegram, Norfolk Journal and Guide and the MCCH Report. An alternative account in the Daily News presented crowds not as elusive but as "too scattered" to be controlled. As a result, rather than being ineffective, police were absent from the scene of some attacks on businesses. Business-owners who sued the city for damages made that complaint. No police officers came to protect the stores of Harry Piskin, Estelle Cohen, and George Chronis despite Piskin approaching police officers on the street, and them all visiting or calling the local stationhouse.
The absence of police from some parts of Harlem resulted in part from a decision to concentrate them elsewhere. Reported police deployments focused on West 125th Street. Inspector McAuliffe used the reserves sent to Harlem after 9.00 PM to establish a perimeter around the main business blocks of the street, from 8th to Lenox Avenues, from 124th to 126th Streets, according to stories in the New York Times, Daily Mirror and Pittsburgh Courier, the only stories that described police deployments. Beyond West 125th Street, the police relied on radio cars patrolling the avenues and limited numbers of uniformed police and detectives in plainclothes moving through the streets.
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- New York Penal Law, § 722-724: Disorderly Conduct
- "5 Dying and Scores Wounded as Race Riots in Harlem Subside," Home News, March 20, 1935 [clipping].
- "1 Dead, 7 Shot, 100 Hurt as Harlem Crowds Riot over Boy, 16, and Hearse," New York Herald Tribune, March 20, 1935, 1.
- "Mobs Rove Harlem After Riot; 1 Dead, 100 Hurt in Harlem Riot; Snipers Routed, Mobs Rove Area," New York World-Telegram, March 20, 1935, 1.
- The Negro in Harlem: A Report on Social and Economic Conditions Responsible for the Outbreak of March 19, 1935 (1935), 6-7, Subject Files, Box 167, Folder 8 (Roll 76), Records of Mayor Fiorello H. La Guardia, 1934-1945 (New York City Municipal Archives).
- C. C. Nicolet, "Deputies Smash Harlem Riot Club," New York Post, March 22, 1935, 1.
- "1 Dies, 9 Dying in Harlem Riot," New York Evening Journal, March 20, 1935, 1.
- "Police Shoot Into Rioters; Kill Negro in Harlem Mob. 3,000 Storm Store After Boy Knife Thief, 16, Is Reported Lynched-Several Shot - Many Felled by Stones," New York Times, March 20, 1935, 1.
- "Riot Link Found in Typewriter," New York World-Telegram, March 22, 1935, 12.
- "Numerosos Establecimientos Hispanos Apedreados y Saqueados por la Turba," La Prensa, March 21, 1935, 1.
- "Eyewitness Put NY Mob at 20,000 Plus," Norfolk Journal and Guide, March 30, 1935, 20.
- "Harlem Race Riot: 1 Dead; Cops Fire; Women Join Mob of 4,000 in Battering Stores," Daily News, March 20, 1935, 3.
- "Childs's Restaurant First Mark for Harlem Rioters," Afro-American, March 30, 1935, 1.
- "False Report Held Cause of Harlem Race Riot," Pittsburgh Courier, March 23, 1935, 1.
- Robert Campbell, "8,000 in Harlem Riot. Fight 1,000 Police Over Killing Hoax," Daily Mirror, March 20, 1935 [clipping].