Brann The Iconoclast, vol 12 | Page 5

make an ante mortem statement. Assistant
County Attorney Sluder was present, and County Clerk Joney Jones,
and to them he gave the following version of the affair:
DAVIS STATEMENT.
"I left my office and started to Manchester's livery stable. At the corner
of Franklin and Fourth Streets passed Brann and Ward. Brann remarked,
there goes the damn s---- of a b---- that has caused all my trouble.
Passed on and went to Manchester's stable on some business, then came
back to Waite's saloon and stopped for 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