a drink. I then started for my office, but near Haber's store on Bankers' Alley I met them again. They began to curse and abuse me again.
"Went on to the office; they followed me and I went to the urinal in the rear, then came to the front of the office. At the door Brann said, 'There comes the dirty cur and s---- of a b----; he will take anything.' Brann then pulled his gun and I shot at him; my gun hung in the scabbard. The reason he shot me was because I was loyal to my town and always expressed myself. He murdered me. They both shot me after I fell. They shot in my back, blinded me and I could not see. I make this statement, for I know I am dying. He has been trying to kill me for three months."
* * * OTHER STATEMENTS.
EYE-WITNESSES GIVE SOMEWHAT CONFLICTING ACCOUNTS.
Joe Earp, a young fellow from the western part of the county, who was in town that day, said:
"I met Mr. Brann in front of the Pacific Hotel, and having heard of him and read after him, I was curious to know him. It was our first meeting; in fact, the first time I had ever seen him. We talked together, Mr. Ward with us, to Laneri's saloon. They went inside and I left them. In a few minutes they came out and crossed the street, going to the Cotton Belt ticket office. They moved together towards Austin Avenue, but half turned, conversing one with the other. They reached the newsstand and stopped. I saw a man whom I have been told was Tom E. Davis, come out a door and shoot. Brann's back was turned to the man, and while I did not see the bullet strike him, I supposed he was shooting at Brann. Ward turned as soon as the shot was fired and reached for the pistol. Brann turned instantly, gun in hand, and commenced shooting. Ward got in between the two and then jumped away, against the wall. Davis fell at Brann's first fire and rolled over a time or two, and raising himself on his elbow, returned Brann's fire. They emptied their pistols. When Davis fell Brann stepped back a short distance and then advanced toward Davis, shooting at him, but he never approached nearer than six feet. Ward never fired a shot. I saw the whole affair and never did he fire or produce a pistol. When the shooting was over a man came out of the office and took Davis' pistol from the walk."
J. C. Patterson was seen. He stated:
"I was with R. H. Brown of Calvert. We walked into the street from the Pacific Hotel sidewalk, and were walking north when we heard a shot. Three shots were fired quickly and I saw Davis fall. I remarked, 'They have killed Tom Davis.' I saw two men shooting, or Brann had two pistols. Davis raised on his elbow and returned the fire. I did not see the first shot."
Sherman Vaughan said:
"I was passing along Fourth Street and reached a spot just in front of Geo. Laneri's saloon. I heard a shot, and looking toward the place from whence the sound came, I saw Tom Davis reeling backward toward the wall in front of his place of business. He either fell against the sign in front of his office or the wall, I could not tell which. Mr. Brann was standing some eight or ten feet from him with a pistol in his hand and smoke was between them. Then followed a rapid succession of shots. I could not see Mr. Davis shoot for the smoke, but could see Mr. Brann plainly. Mr. Davis fell to the sidewalk and then almost rose to his feet and fell again. He then rolled along the sidewalk towards the alley and must have turned over half a dozen times. Then another man, whom I do not know, joined in, and he and Brann fired shot after shot at Mr. Davis as he rolled along the sidewalk. The police then came up and took Brann away. I did not see what became of the other man."
Mr. James I. Moore said:
"I had met Tom Davis in front of my office in the Pacific Hotel building, and we discussed the proposed meeting at the city hall. He and I walked out on the sidewalk just in front of my office. I stood at the south side of the door facing north and Mr. Davis stood directly in front of me on the sidewalk by the wall. We were about two feet apart. While talking, W. C. Brann came down the sidewalk from the direction of Austin Street. He advanced within two feet of Mr. Davis and myself and
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