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District Attorney's Closed Case Files, 204075 (1935) (New York City Muncipal Archives).
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2021-12-05T22:48:45+00:00
Temple Grill & Restaurant windows broken
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2021-12-07T20:46:10+00:00
Just after midnight, windows in the Temple Grill & Restaurant at 317 Lenox Avenue were broken. 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 business. 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."
Located in the block between 125th and 126th Streets, the restaurant was in an area where multiple stores were reported as looted or damaged, with particularly extensive damage to both George Chronis' restaurant a building further north on the southwest corner of West 126th Street and Harry Piskin's laundry next to it on West 126th Street. Across the street, ten minutes before Tait observed the attack on the restaurant, another officer had arrested two other men who, like Smith, had allegedly urged another group to attack a drug store. By the time Chronis arrived at his restaurant at 1 AM it had been "completely demolished," according to a story in the New York World-Telegram.
Bernard Smith was the last person to appear in the Harlem Magistrates Court on March 20, where he 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 sent him to grand jury on the charge of riot. Prosecutors reduced the charge of malicious mischief to disorderly conduct, of which Magistrate Ford found him guilty and sentenced him to five days in the Workhouse. A week later Smith appeared before the grand jury, which dismissed the riot charge.
Although the business Smith allegedly attacked is not named in the Magistrates Court affidavit or the Home News story on Smith's first appearance in the Harlem Magistrates Court, an advertisement for the "Temple Grill Bar and Restaurant" at 317 Lenox Avenue appeared in the New York Age on March 9, 1935, just ten days before the disorder. It was still in business when the MCCH business survey was taken in the second half of 1935, identified as a white-owned business (the advertisement in 1935 identified Phillip Portoghese as the proprietor). A storefront of the kind that would fit a bar and restaurant is visible in the Tax Department photograph but the signage is not legible, so whether the business survived until 1939-1941 is unknown. -
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2021-12-05T21:00:05+00:00
Bernard Smith arrested
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2022-05-22T21:08:16+00:00
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. Misleadingly, the 28th Precinct Police Blotter also recorded that sentence, but neither the charges of malicious mischief or disorderly conduct, only the charge of riot.
A week later Smith appeared before the grand jury, which dismissed the riot charge. That outcome indicates a lack of evidence of the calls to others in the crowd alleged by Officer Tait. 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.