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Leon Mauraine arrested
Mauraine had lived for the last nine months at 52 West 128th Street, two blocks north and a block east of the store, according to his examination in the Magistrates Court. He may have been drawn to Lenox Avenue by the noise of windows being broken earlier in the disorder. While both he and Smith could have thrown stone at the windows, as Barbaro stated, it is unlikely they said exactly the same words. It may be that only one of the them urged on the group, or that they expressed similar sentiments that the officer chose to report in the same words (The Home News story about the proceedings in the Harlem Magistrates Court reported they had said "Come on. Let's bust some more windows," a difference in wording from the affidavit likely produced by a reporter's difficulty hearing what was said in the courtroom). The list of those arrested in the disorder published in the Atlanta World, Afro-American, and Norfolk Journal and Guide, and the list in the New York Evening Journal, did distinguish the men in a way Barbaro's affidavit did not. Mauraine was listed among those charged with inciting a riot and Smith among those charged with malicious mischief, an offense which involved damaging property used in other cases involving broken windows. However, that distinction is not replicated in the 28th Precinct Police Blotter or in the Harlem Magistrates Court docket book, which recorded both men as charged with inciting a riot. So too did the story in the Home News about the proceedings in the court, which did not mention that Mauraine or Smith had broken the store windows, only what they had been "overheard saying to companions." A note on the Magistrates Court affidavit did, however, include malicious mischief alongside three sections of the riot law, indicating that both men faced both charges at some point in their prosecution.
When Mauraine, and Smith, appeared in the Harlem Magistrates Court on March 20, Magistrate Renaud held them for the grand jury, on bail of $1000. A week later both men appeared before the grand jury, which transferred them to the Court of Special Sessions for trial. It is likely that the note on the Magistrates Court affidavit was the charges they faced in that court, malicious mischief and the three misdemeanor forms of inciting a riot. Convicted in that court, on April 2, Mauraine, and Smith, received suspended sentences, according to the 28th Precinct Police Blotter.
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This page references:
- "Transcripts of Police Blotter - Precinct 28, March 19 & 20, 1935," Folder "MCCH - Juvenile Delinquency - 1935-36," Correspondence (Roll 13), Records of Mayor Fiorello H. La Guardia, 1934-1945.
- "Harlem Riot Damage is Figured at Half Million," Afro-American, March 30, 1935, 1, 2.
- "List of Dead And Injured In Riot In New York City," Norfolk Journal and Guide, March 30, 1935, 18.
- "Says Economic Conditions in Harlem Are Bad," Atlanta World, March 27, 1935, 1, 2.
- "List of Those under Arrest in Harlem Riot and the Charges They Face," New York Evening Journal, March 20, 1935, 3.
- "Police Guard Against New Uprising as Mayor Acts to Probe Race Riot," Home News, March 21, 1935 [clipping]
- District Attorney's Closed Case Files, 204007 (1935) (New York City Municipal Archives)