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.