University of Virginia Library

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 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 street and say forty or forty-five feet away from the place where the shooting took place. I was talking to Mr. Dugger and was standing out on the sidewalk. Some four or five minutes before the shooting occurred I looked across the street and saw Brann and Ward standing in front of the haberdasher store of L. Krauss, and at that time Davis passed them and went on a couple of doors and stepped inside of the storeroom at that point. I

then looked away, not having any idea at all of any trouble, but just happened to see them. The next thing I noticed was the men were close together in front of French's newsstand with Davis between me and Brann and Ward. The first of the trouble I saw Davis had his pistol in his hand and instantly fired. Brann whirled and commenced firing at Davis. I immediately started to them, but had to work my way in and out of one door to the other and work my way along the wall of the building, as Brann was shooting directly toward me all the time. I hallooed several times at them to stop shooting, and just before I reached them Davis fell on the sidewalk and Brann was still shooting. Davis attempted to rise and Ward caught Davis by the shoulders and pulled him back down on the sidewalk. Davis turned with his face towards Brann and kept trying to fire, but his pistol snapped. I jumped over Davis and caught Brann and took the pistol out of his hands. Brann's pistol is a Colts .41, latest improved, and was loaded all around and all chambers were freshly fired. When I caught Brann, Ward was standing up by the wall holding his hand that was shot. I saw Ward fire no shots and I saw no pistol in his hand. I then started with Brann to the city hall, and as I crossed the street towards the Citizens National Bank, Police Officer Durie came up and assisted me in taking Brann on to the city hall."