New-York tribune., 1921-07-24
Maid Attacked
By Grocer Now
Ill as Result
Furore In Scarsdalc Over
Judge Freeing Delivery
Man Reveals a Serious
Charge Was Made First
Needed Proof Lacking
Absence Of Confederation
Cause Of Clemency; Past
s of Accused Declared Bad

SCARSDALE, N. Y, July 23.-This
little village has become SO worked up
as result of the clemency granted
Harry Brainard, twenty-two-year-old
White Plains grocery employee con-
victed last Thursday night Of assault
ing Miss Irene Barber, maid en-
rioyed by Mr.. and Mrs. Russell March
ant at their home here, that prominent
residents were debating to-day what
they could do in the matter. 1t was
limited broadly that an investigation
would be made with a view to finding
out why the young man, who is known
in and around the White Plains vicin-
ity and in the Westchester County
courts as an old offender, should be al
lowed to go free when the victim of
his attack is declared to be suffering
from severe case of shock at the
home of friends in New York City
Such an investigation would have for
Its purpose, as one resident said this
afternoon, "the redeeming of our little
community from the efforts Of certain
apparent inspirers of newspapers to
defeat the course of justice in Scars
dale"
Another object, it was declared,
would be to prevent acts similar to
that for which Brainard was tried and
found guilty and at the same time to
Establish the contention that loyal
women workers for their community
should not be Disseminated against in
connection with jury service"
l-.~ L.
from an examination of the police rec
ords of Westchester County, had previ-
ously been arrested charged with a
similar offense and has served two
months in Westchester County peni-
tentiary for petit larceny. He had also
been arrested and fined for speeding on
one occasion and at other times has
been hailed into court for various
charges. He is married and has two
children.
1t also became known that the first
charge preferred against Brainard fol-
lowing the Barber affair was one of
criminal assault. In the absence of
any corroborative ws,ness to support
this charge the Westchester County
authorities did what the law required,
and ordered the man tried for assault
in the third degree. Justice of the
presided over the trial.
Judge Mercer, who is near his
elghtieth birthday, replied to outspoken
criticisms of women of the village,
among whom there are several off,
Gals of the village government, by
saying that he simply tried to hasten
the trial along; that he felt the girls
of the community should be protected,
but that man could not be tried on a
charge that could not be corroborated.
Reports that the husbands of mem
bers of the Women's Club of Scarsdale
served ON the jury which tried Brain
ard were emphatically denied. They
were not permitted to serve, according
to Mrs. Thomas F. Burgess, village
trustee. but were present in the court
room with their wives "sas a matter of
interest in the communty's welfare"
Among others who have registered
their disappointment are Arthur Boni-
face, president of the village; Frank II.
Bethel, former president, and Mrs.
Bethell, who is president of the
Women's Club; 0. H. Cheney and Guy
Forbes, another village trustee.