stopped; looked me squarely in the face and then at Mr. Davis. I did not speak to Brann and don't think Davis saw him until after he passed on. Brann passed on in the direction of the postoffice. Almost immediately after Brann left, Davis left me and walked up Fourth Street towards his office, and I saw him cross the street to his office. I then advanced to the edge of the sidewalk and stood there alone about four or five minutes, when I heard a shot in the direction of Davis' office. I looked that way and three shots seemed to be fired almost simultaneously. Davis fell to the sidewalk and writhed as if in terrible agony. Brann seemed to be nearest to Davis, a very large man being close in Brann's rear. This man, I learned afterwards, was W. H. Ward. While Davis was rolling on the sidewalk both of these men were very rapidly firing upon Davis. They seemed to poke their pistols almost against Davis' body as they fired. After the first four or five shots the smoke became too dense to see all that occurred. The first sight seemed to chill my blood and I became too horrified to move."
H. C. Chase, 509 North Ninth Street:
"I was standing at the alley near Geo. Laneri's saloon and heard somebody say, 'Look out!' I glanced across the street and saw Tom Davis on the sidewalk. He had a gun in his hand and fired at once. Brann and Ward were a few feet distant. Brann had turned slightly, but his back was still towards Davis when the latter fired. Ward jumped back and grabbed at Davis' gun as the latter fired the second time. Brann fired as soon as he turned around and at his second shot Davis fell backwards. Ward, it seemed to me, had gotten to one side of Davis and was reaching for Davis' gun. As the latter fell back, Ward backed up to the building. He did not have a gun and did not shoot."
M. C. Insley, shipping clerk for Brann:
"I was standing in the doorway of Sam French's cigar store as Brann and Ward reached it. They had just passed the doorway, going toward Austin Street, when Davis appeared with a gun in his hand. He fired at once. I could not see Brann at this time. Davis fired the first shot and immediately I heard another shot, I suppose from Brann, and almost simultaneously a second shot from Davis. As the latter fired the first shot Ward jumped and grabbed the muzzle of Davis' gun. He let go as the shot was fired. He did not have a gun. I backed away from the door. The shooting was thick and fast. Davis fell back at the door of French's as Brann fired the last shot and his gun dropped from his grasp. John Williams, who appeared quickly, grabbed it, and screening himself with the door-facing of the cigar store, tried twice to shoot it and then somebody grabbed him."
W. W. Dugger, employed in the feed store of J. P. Nichols, on North Second Street, said:
"I was talking with Policeman Sam Hall at the alley next to the Cotton Belt ticket office when the first shot was fired. We were close to the scene. I glanced instantly in that direction and saw Tom Davis with a smoking pistol in his hand. At the same time I saw Brann turn around and face Davis, from whom he appeared to be distant about fifteen feet, I should judge. He fired and fired again almost at the same time. In the meantime, the man with Brann, whom I learned afterward was Ward, had rushed up and caught Davis and it seemed as if he struggled with him a moment. When Brann fired a second shot, Davis fell. Ward had turned him loose at this time. Davis rolled over and over on the sidewalk and fired, I think, two shots while he was down. While he was rolling over, Brann kept shooting at him as fast as he could work the trigger. Mr. Ward did not fire a shot. I saw the whole affair and know that he did not and he did not exhibit a weapon of any kind. He slipped back close to the building when he let go of Davis, and when the shooting was over walked up the street. I saw a man come out of Williams' place and make an effort to get Davis' pistol. I can't say whether or not he got it. I don't know where he went. Policeman had reached the scene and arrested Brann."
Policeman Sam Hall said:
"I was standing in front of George Willig's office at the alley and Fourth Street on the same side of the
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