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 the New York Herald, and I naturally was interested, as I thought 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 the New York Herald office to tell the man whom I am employed under. I sat in the chair at the Herald office 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.