Mrs. Maggie Zeh.
Sworn to before me this 10th day of September, 1900.
Geo. P. Hammond, Jr., Notary Public (164), N. Y. County.
City and County of New York, ss.:
Richard A. Taylor, being duly sworn, deposes and says:
I reside at 339 West 36th Street; that on Wednesday, August15th, 1900, I left my home at about 12:15P. M.to go to my work, as Pullman porter on West Shore R. R.; that when I left my home I left on the shelf in the closet in the front room of my suite between sixty and seventy dollars in bills, which money I was saving to pay my tuition in college next winter; further, my wife did not know that the money was there; that on my return Saturday, August 18th, 1900, between five and sixP. M., I was told by my wife of a visit of police officers, about eight in number, each of whom had a revolver in his hand, and who wanted to know if there was a man in the rooms. They were told that there was, and were shown Floyd Wallace, whom they took out with them. They also asked for any firearms, and when told that there were none demanded that a light be made so that they could search. While the light was being brought some of the officers went into the front room and forced open the closet. After they were gone my wife remembered having left her pocketbook in a small satchel on the floor. She immediately ran to the front room, and opening the satchel found that all the money had been taken from her pocketbook except some silver. Deponent on hearing of this immediately went to look for his money and found it gone.
Richard A. Taylor.
Sworn to before me this 6th day of September, 1900.
Geo. P. Hammond, Jr., Notary Public (164), N. Y. County.
City and County of New York, ss.:
Mrs. Margaret Taylor, being duly sworn, deposes and says:
I reside at 339 West 36th Street. On Thursday, August 16th, 1900, about twoA. 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 policeofficers 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.
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 2:30A. M., I was awakened by Mrs. Taylor, who said that they were shooting in the windows. I immediatelyarose 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 11:30P. 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.
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'clockP. 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.)
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 awoman 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.
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 10:30P. M.till fourA. 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.
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 Streetand 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.
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 YorkCity; 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.
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 herwith 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.
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.)
City and County of New York, ss.:
John Wolf, of No. 347 West 37th Street, being duly sworn, deposes and says:
On Sunday, September 30, I was visiting a female friend, and two officers came in with a woman I had known, and who claimed to be my wife but was not. The officers ordered me to leave the house, and I did so. I asked the officers, "Why?" and one of them said, "If I catch you here again I will lock you up." I never had any experience in court or in such matters before, and I went to the station house for advice. I went to the sergeant at the desk, and told him that I was in trouble, and without experience, and I wanted to be advised. He said, "What is the matter with you?" I said, "Can a woman that I have lived with have me arrested because I don't want to live with her any more?" He answered, "What are you talking about? You get out of here!" I was surprised, and didn't move quickly enough to suit him, and he ordered an officer to arrest me. The officer stepped up to me in front of the desk, pulled a billy from his pocket, and suddenly struck me a hard blow on my right jaw, which broke it and caused my chin to fall down. The officer hurried me back to a cell. I suffered terrible agony and walked up and down my cell all night calling for relief. I paid thirty-five cents to send out a message to Mr. Young, who was not at home. His son came, but was not allowed to see me. I had no attention at all, and in the morning was arraigned in court. The officer was on the bridge close to the judge; I was down on the floor. I couldn't hear what charge he made or what he said. My face was swelled and mouth almost closed, and I could not make any statement. The justice fined me three dollars on the officer's statement, and the police attendants hustled me along. I had no money to pay my fine, and was sent back to the court prison. I was in an awful condition. I lay down on some boards, but couldn't stay still. I moaned, and cried for help, but could not get anyone to notice my case. The night man who came on duty on Monday night was a humane man, and asked what was my trouble, and I told him as well as I could. He rang for an ambulance, and I was taken to Bellevue Hospital. I reached there 9:30P. M., Monday, and was put to bed, and remained there till fourP. M., Wednesday. I was unable to take nourishment while there. When I was discharged I went to the station house for my personal effects, and the officer then in charge asked me my trouble (for my head was swathed in bandages), and I told him, and he caused me to remain andidentify the officer who hit me. He scolded the officer, who answered nothing, and he sent me to Police Headquarters to Inspector Thompson with a note, and ever since that time they have been investigating my case, and I have gone back and forth a good many times. Inspector Thompson, in my hearing, complained bitterly of the ruffianly conduct of the officers in the 20th Precinct. He told of a case where one had beaten a colored woman eighty-one years of age, and was afterwards found helplessly drunk in a saloon; he said they were bringing disgrace on the police force. He seemed to try to get the evidence in my case all right, but the trouble is that six policemen and the sergeant swore that they were in the room when I was arrested and that they did not see any blow struck, but they could not account for my broken jaw. This perjury was awful. I am feeling very badly—have just now come from the hospital. I go there every day for treatment. My jaw is still loose, and will not hold in position without the bandages that almost cover my face and head. The doctor at the hospital says that the blow must have been a very hard one, for the bone is crushed. I am poor, and cannot work now. I suffered also in the riot on the 15th of August. I was going to my home, which was then at 245 West 32nd Street, and was pulled off an 8th Avenue car by the mob, and was pelted with stones and beaten with sticks. At first the police who were near by did not interfere, but after I was severely hurt they came over, and as I was down on my hands and knees, trying to get up, one of the officers struck me three blows on my body with his club, and ordered me to get up and get out. I was then quite near my home, and I ran over there, and was pulled in by my friends. The mob and the police chased me. The police hurt me more than the rioters. I had a friend with me, and the police clubbed him also. He ran into my house with me, and stayed there. When the policemen ordered me to get out I was surrounded by the mob that was beating me, and they made no effort to interfere with them. I have always been a hard-working man, and was never before arrested.
John Wolf.
Sworn to before me this 11th day of October, 1900.
Frank Moss, Notary Public, N. Y. County.
City and County of New York, ss.:
William J. Elliott, being duly sworn, says:
My name is William J. Elliott. I reside at 209 East 59th Street. At the time of the riot, on August 15th, I lived at 327 West 35th Street. I moved from that side of the town right at once on account of the riot. I am twenty-six years of age and weigh about 130 pounds, and am employed at the Hotel Imperial. I have been there nearly two years. I finished my grammar school education in 1887. I entered the Florida State Normal College in 1894; I was there for two sessions, from '94 to '95. I left there and entered into a drug firm by the name of Martinez & Co., Jacksonville, Florida, as an apprentice to study pharmacy, and in less than a year my advancement was so good I was made a prescriptionist. I then came to New York and entered a drug firm by the name of C. K. Harris Beach Pharmacy at Atlantic City, N. J. I was a trustworthy man there, generally useful; during one fall had entire charge of one of two of Mr. Harris' drug stores in Atlantic City. Mr. Harris sold out, and after that I sought other work, and I came here to New York City. My intention has been to accumulate enough money to take a pharmaceutical course. On the night of August 14th there came a colored man to the Hotel Imperial and informed the front door man that there were riots in the street and that there was no way of getting home. This was between nine and ten o'clock in the evening. About 12:15 I was off duty, and left the hotel with John Chism, the front door man; we went out to investigate and see if the boys could get home. We had no sooner got to 6th Avenue and 31st Street than a fierce mob came chasing down the street and in hot pursuit of a colored man, yelling, "Kill the nigger! Lynch him!" We then ran towards Broadway, and were met there by Mr. Murphy, a man who keeps a saloon at 31st Street and 6th Avenue. He advised us to go at once back to the hotel and to tell the chief, Mr. Roberts, to keep all of his men in the hotel that night or they would get killed. We went back, and I delivered the message to Chief Roberts, and he advised and told all the men to stay in. Chism, Travers, and myself came out to the front door again, and saw a Negro running for his life by the Hotel Imperial through 32nd Street towards 5th Avenue, with a mad crowd behind him. Then we were made to come into the hotel by the chief, as the hotel people were afraid that the mob might attack the house. I remained in the hotel all night. Mr. Chism and I tried to get a closed cab to drive three of us home,but the cabman said he would not drive us home for $500. This was the night of the riot in which so many were injured. At five o'clock the next morning I left the Hotel Imperial to go home with Leon Vonce. I walked as far as 36th Street and 8th Avenue with him, as I intended to go to his home with him, as he was very anxious about his wife; he was afraid she might have been attacked. When we got to the corner of 36th Street and 8th Avenue I saw a big white man jump on one of two colored boys, whom I know to be hotel boys going to their work. I got a little uneasy at the sights I saw, and I saw some blood on the sidewalk, and Leon Vonce said to me, "You had better turn around and go home," and I did, and went to bed. At half past eleven I awoke and dressed myself and got out of the house by a quarter to twelve noon, and got as far as Rocky's drug store, corner 34th Street and 8th Avenue. A white boy standing on the corner said to me, "You had better go away from around here, or you will get killed." I then noticed groups of boys and men running from 34th Street down 8th Avenue; they were right across the street from me, and at sight of them I became afraid that they would attack me and I ran home. I had, however, to get to my work, as I knew the hotel people needed me, and I was afraid that some of the other men would not be able to get back to the hotel; so after a little while I made another attempt to go to the hotel. I went out of the house. I was then addressed by a white man, who seemed to be much of a gentleman. He says (this was when I reached 8th Avenue), "For God's sake, boy, you had better go away from here. Go ahead, jump on that car; they just near killed a colored man across the street." Then as he said that I heard the crowd yell, "There's a nigger! there's a nigger! Catch him!" Luckily for me, I jumped on a car and there was a colored boy on the corner by Comford Brothers' saloon. The mob saw him and ran after him; they caught the colored boy and the mob grabbed and gathered around him. They were rough-looking fellows, and I could not see what they did to the colored boy, for he was in the center of this mob. The car I jumped on was a green car and went across 9th Avenue on 34th Street. I jumped off at 9th Avenue, and just as I left the car there were four big white fellows said, "There's a d——d nigger!" and they started at me, and I ran home as hard as I could, and when I reached home I was all out of breath. When I got home the folks at home asked me if I had anything to protect myself. I told them no, I had nothing; I never had any use for such things.There was a colored gentleman stopping there, Mr. Miles. He said it was very dangerous for me to go out, but if I intended going out at all he had a little gun upstairs, which probably would be some protection from the mob. I thanked him very much, and took the gun, a little .22 caliber revolver. I still felt it necessary for me to go back to the hotel, and I thought I would get back by going another way, and for an hour and a half I stood on my stoop and in the house at times waiting for an opportunity to get by the crowd on 8th Avenue and elsewhere; this was about half past two or quarter to three in the afternoon. I started and went west towards 9th Avenue, thinking I could take a car going north to 42nd Street, and then across 42nd Street and down Broadway to the Hotel Imperial at 32nd Street and Broadway. Just as I got to 35th Street and turned the corner on 9th Avenue there was a mob of three or four hundred men and boys just below me coming up 9th Avenue, screaming and hollering and following a car and yelling, "Take the nigger off the car!" "Catch the nigger!" and "Kill the nigger!" and I turned then and I ran up 9th Avenue as hard as I could from the mob, and I ran into a pawnbroker's shop, Mr. Weaver's pawnshop. I stood behind the closed doors, and through the small openings or blinds that the pawnbrokers have over their doors I could see that part of the big crowd that stood in front of the pawnbroker's shop, many of whom were lined up on the sidewalk across the street. I could also see a policeman trying to disperse the men with his club. He was hitting with his club right and left to clear the sidewalk. I saw three guns hanging in the pawnbroker's window, and I said to the pawnbroker, "Let me see those guns there." I had not any intention of buying the guns, and did not buy them, but I thought it would be a bluff to make the crowd think I had something. I told the pawnbroker's clerk I did not want a gun at that time, I would come back. While I was pricing the guns a great big white fellow opened the door, put his head in, and looked suspiciously around the room. He gave me one of those staring looks, and then shut the door. Then Mr. Weaver, the owner of the pawnshop, said, "Don't you go out there; they are waiting out there for you; they will beat you." After staying there for over half an hour, listening to the hollering outside of "Kill the nigger!" "Lynch the nigger!" and the crowd running about the street chasing other negroes, a great many of whom lived in that locality, I asked the clerk if I could go upstairs and hide, as I was afraid they might come in after me; but he said, "No one dasen't come in here." Shortlyafter this conversation I asked this clerk if it was safe to go out. He said yes, the crowd was chased down the Avenue. I also asked Mr. Weaver if it was safe to go out now. He said he thought everything was over now. I went to the door and peeped out, and I only saw a few people in groups and four boys standing right at the pawnbroker's door a little to the left of me. I called to one of these white boys, and asked him if it was safe for me to go out. He asked me where did I want to go. I told his as far as 42nd Street. He said, "Go to one of those cops and he will take you up." I saw some cops at 36th Street corner. I started toward the cops to ask them to take me up to 42nd Street, but I had not gone half a dozen steps towards where the cops were when a man in citizen's clothes grabbed me. I learned afterwards he was an officer, and he asked me where I was going. I told him I was trying to get to my work. He asked me what I was doing in a pawnbroker's shop. Before I could explain he said I had bought a gun, and commenced to search me. At that time there were four policemen around me. The little .22 caliber gun he found and took from my pocket. I offered no resistance, and only asked him for protection from the mob, which commenced to gather again, and were now yelling, "Kill the nigger!" "Lynch the nigger!" This mob came up close behind me with sticks and stones. One of the officers knocked on the sidewalk with his club, and there were about half a dozen more officers ran to us to keep the mob off me. The mob was kept off me, and the officer in citizen's clothes and a policeman in uniform took hold of each of my shoulders and four policemen followed behind me. The mob went along too, yelling and screaming, "Kill the nigger!" "Lynch the nigger!" We went west on 37th Street towards the 37th Street station, which is between 9th and 10th Avenues, when we turned into 37th Street. Then the two officers in charge of me and two more behind me took me to the 37th Street station house. Up to this time I had not received a blow, and was not injured in any way. They stood me before a man who sat behind a desk in the station house. There were lots of people there. Some of the men were in citizens' clothes. The man behind the desk said to the officer who had me in charge, "What is the charge against this man?" and the officer in citizen's clothes said, "Carrying a concealed weapon he bought out of a pawnshop." I said, "I did not buy any weapon there," and the man behind the desk said, "Don't dictate to us about what you did not do," and then I started to tell him about my reputation and not being a rioter,and that I was only trying to get to my work. He said, "We have got no time to look up your reputation. Lock him up." I was taken by the jailer who is in the station house, and he said, "Come on," and took hold of me. There were two doors leading from the office into the muster room, and I went to get through the left-hand door. Right beside the door in the station house was a policeman leaning against the door. As I passed him he threw out his foot and tripped me. I stumbled but did not fall. I did not see the jailer; he let go of my coat he had hold of. I looked around at the man who tripped me. As I looked around another policeman struck me on the jaw with his fist; then another struck me in the back of the head with his club, and all the policemen in the muster room jumped up and jumped on me, yelling, "Kill him!" "Kill the nigger!" I still stood up and received many punches. I begged for mercy, and did not weaken until an officer struck me in the temple with his billy, and everything was dark around me. I fell down, and I could still feel them kicking and beating me about. This time the man behind the desk, who I believe is Captain Cooney, rushed in and said, "Don't kill that man in here. The reporters are out here, and there is going to be a charge made against you, and if another man touches a prisoner in here I will take a hand in it myself;" and he says, "Lock that man up." At that time I held my hands above my head and was running around trying to find the doorway to the cells. I was then taken and locked up. I am still sick and ill from the blows that I received, and my right eye is affected. It quivers and is bloodshot, and the right part of my head and temple is sore. I stayed in the police station all night, and sent a telegram to the hotel people at the Imperial, and the manager sent a detective over to get me out, but the detective was afraid to take me out. The next morning I was arraigned before Magistrate Cornell for carrying a concealed weapon. Magistrate Cornell picked up the pistol and said, "Is this your gun?" and laughed, and said that a man with a bad reputation would carry no such gun as that; but he said, "We will have to charge you three dollars for carrying a concealed weapon." I paid the fine and went straight to Travers' house, where my head was bathed in hot water and alcohol, and he rubbed my side and back. I remained there in bed all day. I was unable to work for two days, and then I went back. Since I went back Captain Cooney has sent for me twice, but I have been afraid to go back there. I can bring more evidence to show that after I came out of the police station my head was swollenhalf its size again, and I could hardly open my mouth, and for two days I had difficulty in eating. I cannot open my mouth right wide now.
William J. Elliott.
Sworn to before me this 24th day of August, 1900.
Herbert Parsons, Notary Public, N. Y. County.
(On the hearing before Commissioner York three newspaper reporters corroborated Elliott, but a host of policemen contradicted him. Elliott and his witnesses were badgered by Mr. York, and the policemen were led and protected. Counsel was not permitted to take part.)
City and County of New York, ss.:
My name is Harry Reed. I reside at 346 West 41st Street, in the Borough of Manhattan, City of New York. On August 15th, 1900, I was over in Brooklyn and was coming home with four companions. About half-past twelve I reached the corner of 34th Street and 8th Avenue. We five boys were sitting on the seat of an open 8th Avenue car. When we got at the corner of 37th Street and 8th Avenue we saw a mob, and the mob called out, "There's some niggers; lynch them!" and they made a rush for the car, and I jumped out. Then I ran up to the corner of 38th Street, where there were four policemen. Of these four policemen three were standing on the corner, and one ran into the street to stop me. When he saw me coming I was running hard, fast as I could. When I reached this policeman in the street, he hit me over the head with his club. He hit me twice over the head, and I saw the other three policemen coming, and I fell down. I thought if I fell down the others would not attack me, but they did; they hit me over the legs and on my arm, when I raised it up to protect my head, and they hit me in the back. The two cops started to take me to the police station, but when they saw a patrol wagon come around the corner of 38th Street into 8th Avenue they called the patrol wagon, and both went with me in the patrol wagon to the station house, where I stayed till about four o'clock in the morning. There was no charge made against me in the station house. After my head was bound up, and at about four o'clock in the morning, a man dressed in citizen's clothes said, "Two at a time can go when they want to; things are quieted down somewhat." I asked him if anybody was going with us, and theysaid, "No, go by yourself." I went directly home, where I stayed and went to bed. I got up at about half-past eight and went to the Roosevelt Hospital the next morning. They told me at the station house to go to the hospital. I have been up to the Roosevelt Hospital three times, on the 16th, 17th, and 18th. I don't think I will go any more, but still I have to wear a bandage and dress my head. The scar that I have got on my head is about two inches long, and I was also hit and a bump was raised on the back of my head, but the skin is not broken. I bled a great deal from the wound on my head; my shirt, collar, and tie were all blood-spotted. I am about fifteen years old; one of my companions, who is about twenty-four years old, was knocked down, kicked in the face, and thrown down a cellar by a mob. He is my father's son-in-law; his name is Joe Walker, and he resides at 346 West 41st Street. My other companions did not get hurt at all. One of them started to jump from the car, but a policeman told him to get back, and he stayed on the car, and the mob left him there because they were chasing me and the other fellow. This man was about nineteen or twenty years old. Of my other companions, one was a white boy about nineteen years old, and the mob did not touch him, and he stayed on the car. The other colored boy, who is about fifteen years old, is light-complexioned in color, and the mob did not touch him; he stayed on the cars also. We were in the third seat from the front; we were all sitting on the same seat. I was on the right hand and outside coming up, and when I saw the mob coming along the street from the right I clambered past the other fellows and jumped over the rail on the left, and was the first fellow out. I ran uptown towards 38th Street, where I saw these cops. I wanted to get protection, but instead the cops hit me, as I have told. I did not resist arrest, and I did not struggle to get away from the cops. I only wanted to get away from the mob. The cops stopped me, and did not catch hold of me until I had got down and the other cop had hit me, and one of them caught hold of me to make me stand up. I did not even try to run away after I had been hit. I was afraid to run, because I knew if I did they would hit me again.
Harry Reed.
Sworn to before me this 22nd day of August, 1900.
John C. Barr, Notary Public, Kings County. Certificate filed in N. Y. County.
City and County of New York, ss.:
My name is Jesse Payne. I reside at 255 West 93rd Street. I work there as a waiter in a boarding house. On the evening of August 15th I was sent down to accompany a small boy, by the name of Allan Atkins, to his home, 223 West 18th Street. He took an 8th Avenue car at 93rd Street, and I rode alongside the car until I got to 59th Street. I told him I would ride on, and I rode about a block in front of the car. We went down this way until we approached 34th Street. Around the corner of 34th Street and 8th Avenue I saw a crowd standing. It stretched all over the street and sidewalk. I thought that some one was hurt, and that was the reason the crowd had collected, but when I got into the crowd they did not seem to be standing around no one, and I did not know what was the matter until I passed 34th Street, and was about half way to 33rd Street. I was still on the west side of the car track riding on the wheel, and about half a block in front of the car in which the boy was, and about half a block behind another car, trying to follow the pathway it made in the street. When I got to the middle of the block a policeman ran out from the sidewalk from the west and raised his club and hit me across the mouth, saying, "What the hell are you riding here for?" This blow split my lip and broke off two of my front teeth; it also knocked me off the wheel, but I scrambled up and ran between the east side of 8th Avenue, dragging my wheel with me, and away from the policeman. The policeman followed right upon me, clubbing me, and the whole crowd was after me. I tried to get into a store, and they shoved me back, and they would not let me in. While I was going from where I was knocked off my wheel to the east side of the street a policeman who struck me kept on clubbing me. The first blow he gave me knocked me kind of foolish, but I hung on to my wheel. When I got to the curb I fell, because I missed the step. After I got up another policeman came up to me and said, "What the hell are you doing here with that wheel?" I says, "I ain't done nothing to anybody, just going on a message to take a boy home;" and he grabbed the wheel and hit me over the hand with his club. That made me let go the wheel. It was taken away from me and I have not seen it since. Then I ran away about four doors from 8th Avenue, and a third officer told me to stop and sit down, "If you don't they will kill you;" and he stood there and protected me until he sent another officer for a patrol wagon and took me to the station house, and I was there untilfour o'clock in the morning. I have been employed by Mrs. McFarland, at 255 West 93rd Street for about three months; before that with Annie Sterler, of 44 West 35th Street—this is a boarding house, and I was a waiter there for two years; with Mrs. Gillies, of 18 West 9th Street, two and a half years. I know Rev. Mr. Franklin, of Zion Church, corner 10th and Bleecker Streets.
hisJessexPayne.mark
Sworn to before me this 22nd day of August, 1900.
Samuel L. Wolff, Notary Public (77), N. Y. County.
City and County of New York, ss.:
My name is John B. Mallory. I reside at 206 West 62nd Street. While coming home from the engineers' lectures my friend Gordon Jones and myself came up to 7th Avenue through 29th Street where the colored Engineers' Hall is. We turned into 39th Street and went west towards 8th Avenue. We saw a crowd of white men and boys coming around the corner towards us. Before the gang reached us a policeman said to my friend and myself, "Get out of here," and began clubbing me and my friend; he struck my friend first, and my friend ran towards Broadway. Then after being struck four or five times, and as soon as I could, I ran up on a stoop. The policeman did not have a hold of me, but began striking me, and kept up with me. When I got on top of the stoop he ran after me, and caught hold of me and shoved me down. He said again, "Get out of here." It made me fall down the stairs, and I was on my hands and knees on the walk. Then the policeman left me at the mercy of the mob, and he went across the street where he was at first. The mob began punching me, hitting me with sticks, kicking and hitting me with their fists, and split my lip open, cut my nose, and bruised my forehead. Then I got up and put my hands on my face and head, and stood up against the railing by the stoop of the house where I was shoved down. Then another policeman came to me and said to me, "Have you sense enough to go home?" I said "Yes." I got on an 8th Avenue car, in which he got on, and began going uptown about fifteen or twenty feet, when another policeman came up and got on the car from the left-hand side, and shoved me out towards the right-hand side, where the mob was. He said, "Get out of here."As I was pushed off a man at the side struck at me, but I dodged him and jumped on the car again. The car was moving when the policeman shoved me off of it. The policeman who protected me made the motorman stop the car for me to get on, and I got on the front of the car again. The policeman who protected me said to the policeman who shoved me off, "Get off, and let him alone." He got off then. The policeman who protected me stood on the car until I got up one block out of the mob, and then he got off. I rode on this 8th Avenue car up to 59th Street, and I stood between two men. One of them offered me his handkerchief to wipe the blood off my face, and when I got to 59th Street they advised me to go to Roosevelt Hospital, and I asked one of them to get a transfer for me. He did this, and I went to Roosevelt Hospital, where I had three stitches put in my lip. I am still going to the hospital, and am under treatment; my back and both shoulders are injured, and I am generally bruised all over. I have no bad habits. I do not smoke or drink, and I am a student at the International Correspondence School, Scranton, Pa. I have been through the public schools, and I am studying to be a mechanical engineer. I also attend lectures at the Colored Engineers' Association, on 29th Street between 6th and 7th Avenues. I know Mrs. S. E. Lodewick, of 800 Lexington Avenue; C. W. Phillips, 11 Broadway; L. P. Sawyer, Mrs. J. F. Aitken, Mrs. Mary Baker, Mrs. E. R. Clark, and Mrs. A. Arnold, all of 153 Madison Avenue. I have known these people for about eight years, and they can all testify to my good character.
John B. Mallory.
Sworn to before me this 22nd day of August, 1900.
Samuel L. Wolff, Notary Public (77), N. Y. County.
City and County of New York, ss.:
Nicholas J. Sherman, being duly sworn, deposes and says:
My name is Nicholas J. Sherman. I reside at No. 134 West 33rd Street, Borough of Manhattan, City of New York. On the 15th day of August I was visiting some friends at 37th Street near 7th Avenue, in a boarding house. As the clock struck ten I left the house. I walked east toward 7th Avenue. At the corner of 37th Street and 7th Avenue I saw several policemen chasing a person eastward. I do not know whether the person was colored or not. I am a messenger and mailing clerk on theNew York Herald, and I naturally was interested, as Ithought it was a news item, and I walked across the street. When I got within six feet of the sidewalk, near the drug store, on the corner of 37th Street and 7th Avenue, a policeman stopped me, and asked me, "Where in hell do you live?" I told him in 33rd Street, and then he said, "G— d— you, go home!" and he hit me with his club on the left arm. There were about a dozen policemen standing around there, and two or three within reach. One of these struck me across the right shoulder, and when I turned to run the same policeman, I think, who struck me on the left arm again struck me across the small of my back with his club. Then I limped from there towards the saloon on the southwest corner of 37th Street and 7th Avenue, where a policeman was leaning against a lamppost. As I limped past him he struck me with his club on the right arm. I was then unable to get away from him on account of my injury, but I managed to get across the street and stood in front of the saloon on the southeast corner, and a man came out and asked me to go in. I went in and leaned against a barrel, and he told the bartender that the police had just beaten me. As soon as I was able to walk I started for theNew York Heraldoffice to tell the man whom I am employed under. I sat in the chair at theHeraldoffice all night, because there was a great crowd around the street and I was afraid to go home. I left there the next morning about six o'clock, went to my room and changed my clothing, and started for my breakfast. Then I went to the office and worked all day, until about six o'clock that evening. Then I went to my room, and was so lame I could not get out again until the following Tuesday morning, five days after, not even being able, in the meantime, to sit in a chair. I still feel the effects of the clubbing. The blow on the small of my back made my left limb almost paralyzed.
Nicholas J. Sherman.
Sworn to before me this 24th day of August, 1900.
Herbert Parsons, Notary Public, N. Y. County.
Mr. Sherman states in addition that his chief in the newspaper office directed him to report the matter to the police authorities, and that he spoke to Chief Devery, who said to him substantially, "A negro killed a policeman up there, and they can't be controlled."
City and County of New York, ss.:
My name is W. H. Cooper. I reside at 340 West 41st Street. On the morning of August 15th, about half past nine, I went from the house to the post office station at the southwest corner of 41st Street and 8th Avenue. When I reached that corner I saw a group of white men and boys standing at the corner. When I passed this group at this corner I overheard one of them saying, "We are going to get back at the niggers to-night." One of the others said, "Is that true? Is there going to be a riot to-night?" and the reply was "Yes." When I heard this I went around the corner. There was a bicycle pump there. I went behind the bicycle pump like I was looking in the window. I could overhear everything that was said. One of the fellows said, "Have they buried Thorpe, yet?" "No, we expect to bury Thorpe to-day;" and he says, "We expect to have a hot time to-day when the funeral starts." It was rumored around that he was to be buried on the day of the riot, but he was not buried, however, until the next day. One of the fellows said, "Have they got the nigger Harris, yet?" "Yes," he said, "they caught him down at Washington, and if we can get our hands on him we will tar and feather the bastard;" and I went into the drug store and came out again after mailing my letter. When I came out I stood on the corner and filled my pipe, and I overheard them say, "Have they got the woman yet?" and they said, "Yes, she is locked up;" and the other fellow said, "Well, that is all to-night." I did not move on until one of the fellows said, "There is a coon standing there now; you had better hush." Then I went down home and told the boys at the shop about it.
W. H. Cooper.
Sworn to before me this 22nd day of August, 1900.
John C. Barr, Notary Public, Kings County. Certificate filed in N. Y. County.
The Citizens' Protective League was organized in St. Mark's Church, West 53d Street and Eighth Avenue, on Monday morning, September 3, 1900. The object of the League is, first, to afford mutual protection; and, secondly, to prosecute the guilty. The League now numbers about 5,000, with daily increase.
The following officers were elected:
OFFICERS.
EXECUTIVE COMMITTEE.