Part 7
I reside at 339 West 36th Street. On Thursday, August 16th, 1900, about two A. M., while lying on a lounge in the front room of my house, I was aroused by hearing a shot fired, followed by several others. I went to the window, when some one in the street shouted with a curse, "Get your head in there or I'll shoot it off." I withdrew my head, and then realized that some of the shots had entered my windows. One imbedded itself in the ceiling, and another passed through a glass door leading into an inner room, and occupied by a lodger named Floyd Wallace. I awoke the said Wallace, and told him that some one was firing into the windows. Shortly after I heard sounds as of a number of people coming down the stairs from the roof, past my door, and stopping on the floor below me. In a very short while they returned, and without asking to be let in broke open my door, and then I saw that they were police officers in full uniform, six in number. They asked me if I knew who fired the shots. I said I did not know. They then told me I lied. Then they asked me if there were any guns in the house, and I answered no; whereupon I was again told that I lied. I then said, "All right, go ahead and search for them," which they proceeded to do. They went from room to room, and broke into a closet in the front room, which contained my husband's and my own clothes; they then opened a small satchel in which was my pocketbook. In the said pocketbook I had six dollars in bills and one dollar and seventy-five cents in silver. While part of the men were making the search the others seized the aforesaid Wallace and took him out into the hallway, where deponent has been told they clubbed the said Wallace on the wrist and face. When he came in, after the officers left, deponent saw that his face and cheek were bruised and his wrist swollen. Deponent declares it to be her belief that the bullets which were shot into her room (one of which she has) could not have been fired from the street, but must have come from the houses opposite. Further, that when the officers left she remembered having left her pocketbook in the aforesaid satchel, and immediately ran into the front room to see if it was safe; she found that the six dollars in bills was gone, and declares it to be her belief that the same was taken by the three officers who were in the room making the search. Deponent further states that when her husband returned on the following Saturday she told him of the visit of the police officers. He then searched in the closet for some money, amounting to about sixty dollars, which he stated to have left there without my knowledge, and could not find it. Deponent declares it to be her belief that this money was also taken by the police officers aforementioned. Deponent further declares that there were no shots fired from her apartments, and that no one therein had a firearm of any sort.
MAGGIE TAYLOR.
Sworn to before me this 7th day of September, 1900.
GEO. P. HAMMOND, JR., Notary Public (164). N. Y. County.
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_City and County of New York, ss._:
Floyd Wallace, being duly sworn, deposes and says:
I live at 339 West 36th Street. On Thursday, August 16th, 1900, at about 2:30 A. M., I was awakened by Mrs. Taylor, who said that they were shooting in the windows. I immediately arose and dressed, and went into the kitchen. I heard some one screaming, "Don't hit me like that!" and crying as if being beaten. A short while after I heard some one coming over the roof from the house next door (No. 341), and when they reached our door they without any ceremony, and without asking to be let in, broke in the door. I then saw that they were police officers in full uniform. They then asked if there was any man in the house, and was told there was; upon hearing which I stepped to the kitchen door and was immediately seized upon and taken out into the hallway by two of the officers. They started downstairs with me, when one of the officers said, "Wait a minute," and without first telling me to stop they struck me over the arm and on the wrist. The rest of the officers then searched through the rooms, and while they were engaged one of the officers who was with me, without saying a word, jabbed his stick in my face, just missing my eye, and striking me on the cheek bone, under the eye, making a painful bruise. I was perfectly sober, and was sleeping in bed from about 11:30 P. M. till within about five minutes of the time of the visit of the police. I made no resistance, said nothing to them, and showed by my actions a willingness to do as they wished me to. After the officers had finished their search they turned me loose.
FLOYD WALLACE.
Sworn to before me this 7th day of September, 1900.
GEO. P. HAMMOND, JR., Notary Public (164), N. Y. County.
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_City and County of New York, ss._:
Lloyd Lee, being duly sworn, deposes and says:
I reside at 200 West 37th Street. On Wednesday, August 15th, 1900, about ten o'clock P. M., I was up about West 41st Street near 7th Avenue, when I saw considerable rioting going on, and immediately made an attempt to get to my home, going to 8th Avenue, thence to 38th Street, and thence to 7th Avenue, and had got to within thirty yards of my home when I heard footsteps in the gravel behind me; I turned around and saw a man hatless and in citizen's clothes coming after me; thinking he was a rioter, I jumped aside and asked him what was the matter. He did not answer, but struck me over the head with his club, and when I tried to run away he struck me again. Finding I could not get away, I drew the only weapon I had, namely, a small pocketknife, and cut at him with it. He then drew his revolver, and shot me in the mouth and in the arm. I then run to any front door and slammed it shut, and then opened the inner door, and saw no one around, but I saw a revolver lying on the front steps. I picked it up and took it with me to the roof. After reaching the roof I sank down and knew nothing further until the next day, when I found myself in Bellevue Hospital. I was taken to the 54th Street court and from there remanded to the Tombs, where I remained until September 25th, 1900, when I was brought to Part I, where I was discharged.
LLOYD LEE.
Sworn to before me this 1st day of October, 1900.
GEO. P. HAMMOND, JR., Notary Public (164), N. Y. County.
(The Grand Jury refused to indict Lloyd Lee.)
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_City and County of New York, ss._:
Mrs. Nettie Threewitts, being duly sworn, deposes and says that she resides at No. 200 West 37th Street; that on Wednesday, August 15th, 1900, about half past ten, she was preparing to retire, when her stepfather, Lloyd Lee, came to her door, and she asked him what was the matter. He replied, "Nettie, I'm shot!" He then ran to the roof. Almost immediately after she heard two men come into the hallway, and one said, "Get your revolver out!" They then came up to the hallway where I was standing, and I saw that one was an officer in uniform and one in citizen's clothes, a stout man. I asked them, "What's the matter?" They said, "Where's that man?" I answered, "I don't know." They then said, "Who is the man?" I answered, "He's my stepfather." The man in citizen's clothes then said, "She's got blood on her; take her; she's a prisoner." I then said, "You are not going to take me without any clothes on?" He answered, "You don't need any clothes." I was then brought downstairs and kept on the stoop until the patrol wagon came, where a number of officers who were standing there called me a "black b----," and one of them struck me in the head with his fist, another one deliberately spit in my face, and another took his helmet and jabbed it into my eye. This officer's number was either No. 3062 or 3064. The latter occurred while I was on my way to the West 54th Street police court. Among the other remarks which were made to me was, "They ought to burn up all the nigger ranches;" "Shut up, you're a w----, the same as the rest of them." I was kept in the station house without any additional clothes for about two hours, when a woman who lives on 41st Street gave me an underskirt, which I put on. I was then brought into the room back of the main room, and from there was taken back into a cell. I was arraigned in the 54th Street police court and held in $500 bail for trial. Mr. R. T. Varnum went on my bond.
NETTIE THREEWITTS.
Sworn to before me this 19th day of September, 1900.
GEO. P. HAMMOND, JR., Notary Public (164), N. Y. County.
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_City and County of New York, ss._:
William Devan, being duly sworn, deposes and says:
I reside at 403 West 29th Street. On Wednesday, August 15th, 1900, about half past ten, while walking on 8th Avenue, between 28th and 29th Streets, I was attacked by a mob and shoved through a glass show case, cutting my head severely. I managed to get away from the mob and run towards 8th Avenue and 28th Street, where I was stopped by a policeman, who grabbed me, and the mob coming up at that moment some of them shouted, "Arrest him; he has just broken a show case." I replied that I did not, but that I had been shoved through it. The officer said, "Shut up, or I'll shove this stick down your throat." He then took me to the station house in West 37th Street, where I was detained from 10:30 P. M. till four A. M. the next day. While in the station house I saw a man brought in who had nothing on but an undershirt, and who was bleeding from wounds in his head. I also saw Lee brought in, and saw the surgeon administer an injection, and put him into the ambulance, saying, "This fellow is almost gone," and rushed him off to the hospital. I also saw Miss Lee, the aforementioned man's daughter, who was brought to the station house with nothing but her nightgown on, and one of the women in the station house loaned her a dress to put on.
WILLIAM DEVAN.
Sworn to before me this 11th day of September, 1900.
GEO. P. HAMMOND, JR., Notary Public (164), N. Y. County.
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_City and County of New York, ss._:
William Hopson, being duly sworn, deposes and says:
I reside at 229 West 60th Street. I am engaged in the jewelry business, and am night engineer at the Scarborough Apartment House, 221 West 57th Street. On Sunday, August 26th, 1900, in the afternoon, I was standing a little way from my door, about ten yards, and saw Officer 4600 walking on 60th Street from 10th to 11th Avenue. After he passed me he met a platoon of policemen who were coming from 11th Avenue towards 10th Avenue, and turned back with them. Opposite 225 West 60th Street there were two colored men sitting in front of the door. Officer 4600 came over and without warning struck one of them. As he did so the other one ran into the house. The man he was beating also attempted to run in, but he ran after him striking him on the head with his fist. (This was James A. Scott, 225 West 60th Street.) He then came over to me, struck me on the side of the head, and said, "What are you doing here?" I said, "I am looking on," and attempted to go into my apartments. He followed me and struck me with his clenched hand on my head. This was within five feet of my door. Here he was joined by two other officers, one of whom struck me a blow with his club, full force on the head and eye, and I was unable to see anything with that eye for some time after; it is bloodshot still. I held on to the iron railing in front of 231, to protect myself in that way if I could. As I did so two more officers came. Three of them were clubbing me, and 4600 was striking me with his fist. The officer who struck me in the eye with his club was about 6 feet 2 inches tall. They tore my coat and broke my hat. Some one attempted to hand me my hat as they knocked it off, but one of the officers knocked it out of the person's hand with his club, and said, "Never mind the hat." This was as I was being led to the station house. When we reached No. 227 Officer 4600, who had me in charge, saw Mr. Myers, the janitor of 227, standing in front of the door with his wife and several other persons. Mr. Myers is a colored man. Officer 4600 turned me over to another officer and said, "Take my prisoner to the station house." The officer replied, "No, don't take him there." 4600 insisted, and the officer obeyed. When Officer 4600 went over to Myers he wanted to strike him. Myers is a sick man and just got out of the hospital. His wife pleaded with the officer not to strike him, whereupon the officer turned Myers loose and raised his club to strike his wife. One of the other officers told 4600 not to strike that woman. Then five or six officers jumped on Myers with their clubs. There were about ten policemen altogether. 4600 struck him with his fist. One officer broke his club into pieces on Myers' head. Myers was taken to Roosevelt Hospital. He told me in court the next day that as he was passing 60th Street and 10th Avenue they saw a colored man having his shoes shined. 4600 said to him, "See that black nigger? If I didn't have you I would drag him out and lay his head open the same as yours." Myers told me that the doctor at the hospital recognized him and asked him what was the matter. The officer told Myers to "shut up," and said to the doctor, "That is my prisoner." I was taken to the station house, where the officer who brought me there made the complaint against me for Officer 4600. He told the sergeant I "showed fight." I was not told what the formal charge against me was. The sergeant asked me nothing but the usual questions, what my name was, etc. I was bleeding from my eye. The colored people and the whites on this street have always been very friendly, and are so even now. There never was any trouble until these officers raised the disturbance on that day. Officer 4600 started the thing. Some of the tenants of Nos. 227, 229, and 231 saw this outrageous treatment on the part of the policemen. We were discharged in court the next day, after 4600 had made his complaint to the magistrate. I have been in New York for over eight years, and have never been arrested before in my life. I was employed in Harris & Flippin's sporting goods store in Richmond, Va., for two years; I was employed by Oscar Miller, 154 Chambers Street, coffee and spice dealer, for ten months at his residence in Sing Sing; I was employed by C. E. Vedder, druggist, at 116th Street and Madison Avenue, for three years; I was employed by Andrew Lester, of 56th Street and 8th Avenue, at the Washington Apartments, for ten months; I was employed by the Goldsoll Diamond Palace, 14th Street, about two years; W. P. Unger, dealer in essence oils, 18 Cedar Street, for ten months; Van Boskerck & Wilson, 132 West 21st Street, dressmakers, for ten months. I am now employed by Mr. Condit, of the firm of Acker, Merrill & Condit, at the Scarborough Apartment House, 221 West 57th Street. I have been so employed for about two years. I did nothing which justified my arrest or this action on the part of the police.
WILLIAM HOPSON.
Sworn to before me this 31st day of August, 1900.
GEO. P. HAMMOND. JR., Notary Public (164), N. Y. County.
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_City and County of New York, ss._:
George L. Myers, being duly sworn, deposes and says that he resides at 227 West 60th Street, Manhattan Borough, New York City; that on Sunday, August 26th, 1900, at about half past one, he went downstairs, hearing a noise, and being janitor of No. 225 as well as 227, naturally he wanted to see everything was all right on the premises. He was standing in the doorway of No. 227 when the officers approached and said to him, "What are you doing here?" He answered, "Nothing." One of the officers then said, "I'll place you under arrest." "All right," he answered, "take me along." The said officer then struck him with his fist under the left jaw, and then grabbed him and struck him over the head with his club, knocking him insensible. When he recovered consciousness he was on the corner of Amsterdam Avenue and 60th Street, and in charge of Officer John J. Cleary, who took him to the Roosevelt Hospital. While on the way there said Officer Cleary continued to strike deponent with his clinched fist, saying, "There's one for luck," and "If I had got you first I would not have struck you with my fist. I would have used my club on your head and killed you." Deponent was taken to the station house, where he was charged with "interfering with an officer in the discharge of his duty," and "attempting to rescue a prisoner." The same charge was made the next morning in the Police Court, where he was discharged. Deponent declares that he was perfectly sober, and was downstairs by reason of his being janitor of the aforementioned houses, and it was his duty to be where he was and at that time; that he has never been arrested in his life before, and that he did not attempt to rescue anyone from the custody of an officer, and that the assault was entirely unjustified and an outrage.
GEO. L. MYERS.
Sworn to before me this 5th day of September, 1900.
GEO. P. HAMMOND, JR., Notary Public (164), N. Y. County.
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_City and County of New York, ss._:
Mrs. Frances C. Myers, being duly sworn, deposes and says that she is the wife of George L. Myers, and that she resides at 227 West 60th Street; that she has read the affidavit of the said George L. Myers, her husband, and that she knows the facts therein stated to be true of her own knowledge and belief. Deponent further states that while her husband was being clubbed she implored and begged the officers not to strike her husband, as he was a cripple, and had done nothing, but they continued to strike him, and one of the officers drew off as if to strike her with his fist, and another as if to strike her with his billy, but she got out of their way, and when she saw an officer break his billy over her husband's head she thought they had killed him, and she then went on upstairs. The officers refused to even allow her to pick up his hat.
FRANCES C. MYERS.
Sworn to before me this 5th day of September, 1900.
GEO. P. HAMMOND, JR., Notary Public (164), N. Y. County.
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_City and County of New York, ss._:
James A. Scott, being duly sworn, deposes and says:
I reside at 225 West 60th Street. On Sunday afternoon, August 26th, some officers went down the street towards 11th Avenue. They were pursuing bad boys who had made a disturbance in the morning. I saw them from my window, and after they reached 11th Avenue I went down to the door, and stood there looking towards 11th Avenue, where there was a crowd. There were only two persons near me, nearly all of the persons who were on the street having gone down to the avenue; one was a boy named Smith, and another young man who has moved away. An officer whom I have since learned is John J. Cleary, came from 10th Avenue towards me. He spoke to me before I saw him, saying, "Do you live here?" and I turned to see who spoke to me, and as I turned towards him, before I could reply he struck me a hard blow on my head with a hard substance, which dazed me, and he followed it with a blow of his fist in the mouth, and I went down in a heap. I began to bleed profusely from the mouth. I was in my doorway when he struck me, so that I fell into my hall. He did not attempt to arrest me. I went upstairs, and I heard a woman's voice screaming, "Don't beat my husband." I looked out of the window and saw the same policeman, Cleary, and other officers whom I cannot identify, clubbing George L. Myers. The principal clubber was the said Cleary. I saw him club the said Myers on the head until he broke his club, and saw him pulling Myers up 60th Street, and punching him with his fist. Myers was dreadfully beaten and was bleeding badly.
JAMES A. SCOTT.
Sworn to before me this 24th day of September, 1900.
FRANK MOSS, Notary Public, N. Y. County.
(The case of Hopson, Myers, and Scott is substantiated by fully twenty witnesses.)
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_City and County of New York, ss._:
John Wolf, of No. 347 West 37th Street, being duly sworn, deposes and says: