While in the news stand, Mr. Davis became conscious of approaching dissolution and desired to 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."