"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 assisted 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 participants 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 hello 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 cocked 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 passed 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 assassinated me; they have murdered me,' and friends came up to my assistance and he was conveyed to French's cigar store.