JOHN HAINS.

Sworn to before me this 28th day of August, 1900.

GEO. P. HAMMOND, JR., Notary Public (164), N. Y. County.

----

_City and County of New York, ss._:

Walter Gregory, being duly sworn, deposes and says:

I reside at 107 Prince Street, Brooklyn. On August 15th, 1900, I was

boarding with Mr. Seymour at 341 West 36th Street. John Hains, Mr.

Seymour, and myself were sitting together at our home until about nine

o'clock that evening, when Hains went to bed. Mr. Seymour and I were

up until about one o'clock, when we went to bed. In the early part of

the evening there was a lot of shouting going on in 36th Street, but I

heard no shooting. About two o'clock in the morning we were awakened

by shooting in front of the house. Seymour and I walked to the window

and looked out to see what was the matter. I did not see any colored

people on the street at that time, and the shooting was evidently done

by white people. Just then I heard somebody break open the front door

of the house. There were several people; they were talking in a noisy

manner, but I could not hear what they said. As they reached our door

some one rapped on it, and said, "Open the door." I said, "I can't."

Mr. Seymour and I hurriedly ran to the fire escape undressed. As we

did so we passed Hains, who was fast asleep. I shook him and said,

"A big crowd is coming in the house." I do not think he heard what I

said, and he fell asleep again. Seymour and I went down the fire escape

and into the yard at 339, where we remained until matters had quieted

down a little. I could hear Hains say repeatedly, "Don't kill me!" The

people in the houses were screaming. About three or four o'clock, when

things were quiet again, we went back to our room. The bed in which

Hains slept was all bloody. Mrs. Jones, who lived next door, and whose

affidavit is hereto annexed, then told me what had happened--precisely

the same as in her affidavit hereto annexed. I did not know that the

people who broke into the house were policemen. I thought they were

the rioters. The pistol found in the apartments was an old broken toy

pistol, and could not shoot. We never had a razor or a pistol in the

house. While the shooting was going on Hains was fast asleep, and

there was no shooting from our windows. I am employed at present on

the steamer _Shinnecock_, of the Montauk Steamboat Company, as second

pantryman. I have never been arrested in my life. Since this riot we

have not lived at 341 West 36th Street, our home having been broken up

by it.

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