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Henry Stewart arrested
Henry Stewart was recorded in the 28th Precinct police blotter as charged with inciting a riot. That charge was reported in the lists published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, in the New York Evening Journal and the Daily News, and in a story in the Daily Mirror. However, malicious mischief was the charge recorded in the Harlem Magistrates Court docket book on March 20, when Stewart appeared in court, and reported in the Home News story about those proceedings. Police appeared 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. The others arrested by Libman were all charged with malicious mischief, although Brown and Johnson later had that charge reduced to disorderly conduct, indicating a lack of evidence they had broken windows. Magistrate Renaud transferred Stewart to the Court of Special Sessions and set bail at $500. That decision meant that the value of the damage to the building was not more than $250, the level required for the charge to be a felony. On March 25, the judges in that court discharged Stewart, according to the 28th Precinct police blotter. He was the only one of the six individuals tried for malicious mischief known to have been released (the outcome of three trials is unknown). Evidently police could not prove that Stewart had been a participant in the disorder rather than a spectator.
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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.
- New York Penal Law, § 2090-2094: Riot
- New York Penal Law, § 1433: Malicious mischief
- Harlem Magistrates Court docket book
- "Harlem Mob War. 1 Dies, 50 Hurt, 100 Arrested In Wild Night, Daily Mirror, March 20, 1935, 4.
- "Arrested in Rioting," Daily News, March 20, 1935, 3.