County Clerk Joney Jones was present, and all being fearful that Davis might die at any moment, Mr. Jones took his ante mortem statement, which is given below.

Mr. Brann was taken to the city hall by Officers Sam Hall and Durie, where he was laid upon a couch and other physicians attended him until 7:20 o'clock, when he was taken home, being accompanied by physicians and friends.

Ward, Kennedy and Kepler all repaired to the drug stores and had their wounds dressed.

Something near an hour after the shooting Mrs. Davis and her children came from their home in East Waco to the side of the wounded husband and father. At dark Davis was removed to the Pacific hotel, where Dr. J. C. J.

King attended him in his official capacity. Mrs. Davis was with her husband and numerous friends were present to administer every want.

Mr. Ward employed an attorney. Justice W. H. Davis was called up by telephone and about 9 o'clock he opened court in his courtroom. Mr. Ward, through his attorney, waived all formalities, preliminaries and examination and was granted bond in the sum of $4,000, which he failed to give and went to jail.

From the moment the first shot was fired citizens rushed to the scene from every part of the city, and in a moment after the firing had ceased there were fully one thousand persons on Fourth Street surging around French's newsstand, while there were two-thirds that number at the city hall where Mr. Brann was being attended to, and up until after midnight the streets were filled with hundreds and hundreds of citizens grouped here and there in all of the hotels and on the street corners discussing the one absorbing question--"The shooting."

At midnight both Mr. Davis and Mr. Brann were alive, with the former resting much easier.

E. P. NORWOOD.

Mr. E. P. Norwood said:

"Just prior to the shooting I had walked up Fourth Street, pa.s.sing Messrs. Brann and Ward standing in front of Krauss' store, near Bankers' Alley, when I met Hermann Strauss, who insisted that I go back across the alley to Laneri's saloon. As we went back I saw Brann and Ward still standing where they were and at that moment Tom Davis had just come up the sidewalk in front of Laneri's and, leaving Bankers' Alley without crossing it, he went immediately to his office.

"In a moment I saw Brann and Ward go directly to Davis' office. I thought nothing unusual of this, not knowing that any difficulty was liable to occur and went in to Laneri's to take a drink. In a moment or so I heard two or three shots fired, and I immediately ran to the door.

When I got where I could see the men I saw Davis on the ground and Brann and Ward standing up firing at him.

I am positive that Ward fired one shot, if not two shots; he ceased and Brann continued firing until an officer rushed right into the shooting and caught Brann."

JOHN SLEEPER.

Mr. John Sleeper was an eye-witness and made the following statement:

"I was standing in the Fourth Street entrance to my store and was looking south on Fourth Street, and saw Mr. Brann and Mr. Ward coming up the sidewalk from the alley in front of the Cotton Belt ticket office, and then turned and looked north towards Austin Street. And while looking in that direction I heard three pistol shots almost simultaneously, and turned and looked in the direction from which the pistol shots came, and saw Mr. Tom Davis reeling and falling to the sidewalk and Mr. Brann firing upon him. Mr. Davis fell to the ground almost in a heap and rolled over as many as four times. Mr. Ward handed Mr. Brann a pistol and Brann stepped forward towards Davis and began firing on him as he was rolling upon the sidewalk. Brann and Ward then turned and walked away on Fourth Street towards Austin Street to a point directly opposite my door, where I was standing, when two police officers came across Fourth Street from the direction of the Citizens National Bank, and as they came up to Brann he remarked: 'Gentlemen, I am shot,'

but Ward said nothing. I noticed blood flowing from Ward's right hand as if he was wounded in it. I did not see Mr. Davis or Mr. Ward either shoot at any time."

AB VAUGHAN.

Mr. Ab Vaughan, a well-known man about town, says that while crossing Fourth Street from the Cotton Belt ticket office towards the Pacific Hotel, he pa.s.sed Brann and Ward in the street, on the east side of the street railway track, and that he overheard one of them say to the other, "I wouldn't do it," though which one spoke he was unable to say. He paid no attention to the remark at the time, and stepped into the Pacific Saloon.

The next instant he heard the reports of a pistol, followed in rapid succession by a number of other shots.

W. O. BROWN.

Mr. W. O. Brown made the following statement:

"A few minutes before 6 o'clock I was at the Pacific Hotel bar, in company with W. C. Brann. We conversed together for fifteen or twenty minutes, during the course of which Baylor University was discussed as well as the trouble attendant upon his Philippics against it. Before parting, Mr. Brann remarked in rather a sneering way: 'I expect to get killed, but when I am, Baylor will have become a thing of the past,' or words to that effect. We separated, and I walked down Fourth Street to Austin, where I met my wife and a lady friend in our phaeton, and after a moment's conversation with her, entered a buggy with Mr. C. M. Clisbee, and started to the opera house. Just as we turned the corner I heard a pistol shot, perhaps two, and turning my head saw Tom Davis fall to the sidewalk. I jumped from the buggy and ran towards my wife's phaeton, fearing her horse would take fright, but finding my fears groundless hastened to the scene of the shooting, and there found Tom Davis lying on the sidewalk, and a.s.sisted in carrying him into French's newsstand. I heard several shots fired after I saw Davis fall, but who fired them I am unable to say."

JUDGE J. W. DAVIS.

Judge John W. Davis said:

"I was standing on Fourth Street just below the Pacific Hotel entrance, talking to a number of gentlemen, among them John W. Marshall. I heard a pistol shot up Fourth Street and turned and saw in front of W. F. Williams & Co.'s office what appeared to be several men in a scuffle.

The larger man was falling toward the street. Shots were fired into him as he was falling and continued after he was lying on the sidewalk and was rolling over. The shots were fired in such rapid succession that it seemed impossible for them to have come from one pistol. I did not recognize the partic.i.p.ants at first, but thought that the man falling was Tom Davis. After eight or ten shots had been fired I recognized W. C. Brann with a policeman.

I could not tell what was the relative position of the party. They all seemed to be in a clump."

J. W. WILLIAMS.

John W. Williams says:

"Just a few moments before the shooting Tom Davis came into our office, that of Williams & Co., and said h.e.l.lo to Tom Sparks, who was talking to me. He then turned and went out. In a moment I heard a click as though a pistol was being c.o.c.ked and at that time recognized the voice of Davis saying something like "don't talk to me." At the same time I saw the tail of Davis'

coat go back as if he was trying to draw his pistol.

Rapid shooting followed as if from several pistols. When I reached the door I saw Ward either shoot or push Davis down, his hand being almost or quite against Davis and Davis between me and him. At the same time as the push or shot from Ward I saw Brann fire. And the firing was continued by Brann, Davis at this time struggling on the ground or sidewalk and called out to me that he was murdered. I got his pistol. Brann continued to fire and snapped his pistol several times after Davis was down. The shots were fired very rapidly and as I was looking at and watching Brann so intently I cannot say whether Ward was shooting or not as I was not looking at him."

W. S. GILLESPIE.

Mr. W. S. Gillespie said:

"I was sitting in my office a few minutes prior to the shooting and noticed Mr. Brann and Mr. Ward, his business manager, standing across the street on the corner of Bankers' Alley in very earnest conversation, looking across the street as if watching some one or something, and finally came across to the corner in front of my office and after they pa.s.sed going north towards Austin Street I heard the rapid firing of guns and ran out and found T. E. Davis lying on the sidewalk, and I went up to him and asked him if he was very badly hurt, and he remarked, 'They have a.s.sa.s.sinated me; they have murdered me,' and friends came up to my a.s.sistance and he was conveyed to French's cigar store.

B. H. KIRK.

Mr. B. H. Kirk said:

"At the time of the shooting I was on the sidewalk in front of Mr. Mackey's office. I noticed W. C. Brann and W. H. Ward together crossing Fourth Street from the direction of Krauss' store and walking towards Tom Davis' office. A moment or two after I heard two shots fired very near together, and, looking, saw Tom Davis on the sidewalk in front of his office in the act of falling; as he lay on the sidewalk two more shots were fired into him. After these last two shots Davis rolled over and fired at Brann and I thought hit him in the breast. After that several more shots were fired into Davis. Brann and Ward were about three feet from Davis during the firing, standing near the outside of the sidewalk and perhaps a little nearer to Austin Street. I cannot say I saw W. H. Ward fire, but my impression is that all three were shooting."

B. H. KINGSBURY.

B. H. Kingsbury said:

"I was standing close to the telephone post between Pacific Hotel bar and Mose's newsstand when I heard one or two shots fired almost together. I exclaimed: 'Tom Davis is killed,' for I saw him on the sidewalk in front of his office struggling and rolling. As Davis lay on the sidewalk, dead, as I thought, there were two men shooting at him. These men I learn were W. C. Brann and his body-guard, W. H. Ward. While so shooting at Davis, Brann was in front of Ward and both were firing. I do not know if Davis fired before he was down.

LATER.

Later.--At 1 A.M. a Times-Herald reporter visited the home of Mr. Brann and found him dying. At 10.30 o'clock he had a hemorrhage of the lungs, which filled one of them up and the lung was still bleeding at 1 A.M., and his vitality was fast ebbing away. Dr. M. L. Graves said that the sufferer could not possibly live longer than two hours and was liable to die at any moment.

At 1 A.M. Mr. Tom Davis had not rallied from the effects of his wounds and but little hope was entertained for his recovery. Mr. Davis has wonderful vitality and his great strength may yet pull him through, though there is but the faintest hope that it will. Dr. King is still at his bedside doing all that is possible for him to do.

Later.--At 1.55 o'clock this morning W. C. Brann, the noted editor of Brann's ICONOCLAST, breathed his last.

Just before the end came his family and intimate friends were gathered about him. His lungs were filled from the internal hemorrhage and he pa.s.sed peacefully away.

3 A.M.--At this hour Mr. Tom E. Davis is rapidly sinking and it is thought that the end is near at hand.

It may be possible for the wounded man to live as long as two hours; but all hope has fled and the end is watched for which may come at any minute. His physicians say he is dying.

(Editorial)

THE LATE TRAGEDY.

The details of the awful tragedy of Friday evening are yet fresh in the minds of the people of Waco, and it is bootless to recount them. Two of the princ.i.p.als thereto have pa.s.sed to the beyond and a third is in the hands of the outraged law. And with him let the law deal. In life Captain Davis was our friend. His a.s.sailant was our enemy. In death they take on the proportions of common humanity. Upon the bier of one we will lay the myrtle of never-dying remembrance. Over the coffin of the other let the mantle of forgetfulness rest. The Times-Herald makes no war upon the dead.

It is not with the dead we deal to-day, but the living-- the citizenship, the munic.i.p.ality, the people of Waco who must suffer, who must endure, and who must survive the blow that has fallen upon us. Not because two brave men are dead, but because of the stain of blood guiltiness that has again besmirched our fair escutcheon. This tragedy has harmed Waco almost beyond the power of men to help; because it has again been blazoned to the world that here human life is cheapened; that men's pa.s.sions rule rather than the written law and that our Christian civilization is but the thinnest veneer atop of the savage.

Yet out of this may yet come a blessing to Waco. If it shall teach men to rule their pa.s.sions and their speech; if it shall show us the way to lean upon the arm of the law rather than upon the might of our own strength; if it shall make us more tolerant of the opinions of our neighbor; if it shall incline us to encourage the public weal, rather than private animosities, the shadow of tragedy may yet pa.s.s and the sunlight of humanity prevail.