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

Leon Mauraine arrested

At 12:05 A.M., Officer Anthony Barbaro of the 25th Precinct arrested Leon Mauraine, a twenty-two-year-old Black window washer, and David Smith, a twenty-two-year-old Black clerk, in front of 322 Lenox Avenue. Barbaro had been standing on the corner of Lenox Avenue and 126th Street when he saw a group of people gather in front of the Rex Drug store at 318 Lenox Avenue, according to the statement he gave in the Harlem Magistrates Court. He then allegedly heard two of the men, Mauraine and Smith, say, "Com[e] on gang, here's two more windows, let's break them." Those men then threw stones at the store windows, breaking them, after which they ran north on Lenox Avenue. Barbaro chased them, catching and arresting both men two buildings north of the drug store. As the drug store was on the northeast corner of Lenox Avenue and West 126th Street, Barbaro must have been standing across 126th Street, on the southeast corner, as he would not have been able to hear the men or catch them so quickly from across the much wider Lenox Avenue. In the half hour after Barbaro arrested Mauraine and Smith, other police officers arrested two men for breaking windows near West 126th Street and Lenox Avenue, John Kennedy Jones at 333 Lenox Avenue and Bernard Smith at 317 Lenox Avenue. 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.

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 (indicating that the value of the damage to the building was not more than $250, the level required for the charge to be a felony) 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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