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Harlem in Disorder: A Spatial History of How Racial Violence Changed in 1935

Bernard Smith arrested

Officer Alfred Tait of the 42nd Precinct testified in the Harlem Magistrates Court that he saw a group of about thirty people assemble in front of the Temple Grill & Restaurant at 317 Lenox Avenue. Then, about 12:15 AM, he allegedly heard Bernard Smith, a thirty-nine-year-old Black man shout to the group, "We will get this two windows here," and saw him then throw two stones at the restaurant windows, breaking them. Smith then allegedly shouted to the others, "You fellows get the others." Tait presumably arrested Smith in front of the store, although his statement did not mention the circumstances, but according to the officer, members of the group in front of the restaurant acted on Smith's urging, as "thereafter there were several acts of force and violence committed in said vicinity to other persons and property of others." In the minutes around when Tait arrested Smith, other police officers arrested three men near West 126th Street and Lenox Avenue, Leon Mauraine and David Smith at 318 Lenox Avenue ten minutes earlier, and John Kennedy Jones at 333 Lenox Avenue fifteen minutes later. Multiple arrests by different officers indicates that a number of police were stationed at the intersection at that time. All three of the arresting officers came from precincts outside Harlem.

Bernard Smith gave his occupation as interior decorator when examined in the Harlem Magistrates Court, and his home, for the last eight years, as 116 West 126th Street. That building was close to the bar and restaurant, around the nearby southwest corner of West 126th Street and four buildings west. Smith appeared in the lists of those arrested published in the Atlanta World, Afro-American and Norfolk Journal and Guide, and in the New York Evening Journal as one of those charged with inciting a riot. The 28th Precinct Police Blotter also recorded the charge made against Smith as "Inciting riot."

The last person to appear in the Harlem Magistrates Court on March 20, Smith was charged with both malicious mischief, for allegedly breaking the window, and inciting a riot, for his alleged call for the group to break other windows. Held in custody by Magistrate Renaud, Smith returned to court on March 25, when bail was set at $500 for the first charge and $1000 for the second, and then again on March 26, when Magistrate Ford held him for grand jury on the charge of riot. Prosecutors reduced the charge of malicious mischief to disorderly conduct, likely indicating a lack of evidence that he had broken the window. Magistrate Ford found him guilty of that charge and sentenced him to five days in the Workhouse or fine of $25. The docket book recorded that he paid the fine. Misleadingly, the 28th Precinct Police Blotter also recorded that sentence, but not either of the charges of malicious mischief and disorderly conduct, only the charge of riot.

A week later Smith appeared before the grand jury, which dismissed the riot charge, an outcome recorded only in his District Attorney's case file.  While the grand jury did not indict any of those arrested during the disorder charged with inciting a riot, it did send all the others who appeared before it to the Court of Special Sessions rather than dismissing the charges. The difference in Smith's case could be that no one else allegedly broke windows in the store that he attacked and the subsequent attacks on people and property could not be linked to Smith. 

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