Yesterday it seems that Mr. Brann, in company with Mr. W. H. Ward, an employee of his, made it convenient to come in contact with Mr. Davis, and one of them, supposed to be Mr. Brann, cursed Mr. Davis as he passed them. Mr. Davis had been out on the street where he had just been passed by the men a couple of times and returned to his office on Fourth Street, between Franklin and Austin Streets. He had been in his office only a minute or so when Messrs. Brann and Ward passed, with Brann on the inside. As the two men passed Mr. Davis says that one of them remarked in a loud voice, "There is the damned cowardly son of a ——. He will take anything," to which Mr. Davis replied, "Are you scoundrels talking about me?"
The shooting followed immediately. When the shooting ended Davis was taken into French's newsstand and several physicians were called in, opiates were administered, and it looked as if Davis would die at any moment. He talked some to his friends, frequently saying, "They have got me; I am bound to go."
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.