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.

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