  Copyright laws are changing all over the world, be sure to check the copyright laws for your country before posting these files!! Please take a look at the important information in this header. We encourage you to keep this file on your own disk, keeping an electronic path open for the next readers. Do not remove this. **Etexts Readable By Both Humans and By Computers, Since 1971** *These Etexts Prepared By Hundreds of Volunteers and Donations* by William Cowper Brann June, 1996 [Etext #569] We are now trying to release all our books one month in advance of the official release dates, for time for better editing. We produce about two million dollars for each hour we work. The fifty hours is one conservative estimate for how long it we take to get any etext selected, entered, proofread, edited, copyright searched and analyzed, the copyright letters written, etc. This projected audience is one hundred million readers. If our value per text is nominally estimated at one dollar then we produce $2 million dollars per hour this year as we release thirty-two text files per month: or 400 more Etexts in 1996 for a total of 800. If these reach just 10% of the computerized population, then the total should reach 80 billion Etexts. We need your donations more than ever! For these and other matters, please mail to: When all other email fails try our Michael S. Hart, Executive Director: hart@vmd.cso.uiuc.edu (internet) hart@uiucvmd (bitnet) We would prefer to send you this information by email ftp uiarchive.cso.uiuc.edu login: anonymous password: your@login cd etext/etext90 through /etext96 or cd etext/articles [get suggest gut for more information] dir [to see files] get or mget [to get files. . .set bin for zip files] GET INDEX?00.GUT for a list of books and GET NEW GUT for general information and MGET GUT* for newsletters. ***START**THE SMALL PRINT!**FOR PUBLIC DOMAIN ETEXTS**START*** Why is this "Small Print!" statement here? You know: lawyers. They tell us you might sue us if there is something wrong with your copy of this etext, even if you got it for free from someone other than us, and even if what's wrong is not our fault. So, among other things, this "Small Print!" statement disclaims most of our liability to you. It also tells you how you can distribute copies of this etext if you want to. To create these etexts, the Project expends considerable efforts to identify, transcribe and proofread public domain works. Despite these efforts, the Project's etexts and any medium they may be on may contain "Defects". Among other things, Defects may take the form of incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or damaged disk or other etext medium, a computer virus, or computer codes that damage or cannot be read by your equipment. If you discover a Defect in this etext within 90 days of receiving it, you can receive a refund of the money (if any) you paid for it by sending an explanatory note within that time to the person you received it from. If you received it on a physical medium, you must return it with your note, and such person may choose to alternatively give you a replacement copy. If you received it electronically, such person may choose to alternatively give you a second opportunity to receive it electronically. THIS ETEXT IS OTHERWISE PROVIDED TO YOU "AS-IS". NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE TO YOU AS TO THE ETEXT OR ANY MEDIUM IT MAY BE ON, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.INDEMNITY You will indemnify and hold the Project, its directors, officers, members and agents harmless from all liability, cost and expense, including legal fees, that arise directly or indirectly from any of the following that you do or cause: [1] distribution of this etext, [2] alteration, modification, or addition to the etext, or [3] any Defect. [1] Only give exact copies of it. Among other things, this requires that you do not remove, alter or modify the etext or this "small print!" statement. You may however, if you wish, distribute this etext in machine readable binary, compressed, mark-up, or proprietary form, including any form resulting from conversion by word pro- cessing or hypertext software, but only so long as *EITHER*: [*] The etext, when displayed, is clearly readable, and does *not* contain characters other than those intended by the author of the work, although tilde (~), asterisk (*) and underline (_) characters may be used to convey punctuation intended by the author, and additional characters may be used to indicate hypertext links; OR [*] The etext may be readily converted by the reader at no expense into plain ASCII, EBCDIC or equivalent form by the program that displays the etext (as is the case, for instance, with most word processors); OR [*] You provide, or agree to also provide on request at no additional cost, fee or expense, a copy of the etext in its original plain ASCII form (or in EBCDIC or other equivalent proprietary form). [2] Honor the etext refund and replacement provisions of this "Small Print!" statement. *END*THE SMALL PRINT! FOR PUBLIC DOMAIN ETEXTS*Ver.04.29.93*END* Scanned by Charles Keller with THE COMPLETE WORKS OF BRANN THE ICONOCLASTVOLUME XIICONTENTSA CHAPTER WRITTEN IN THE LIFE BLOOD OF W. C. BRANN AND THOS. E. DAVIS OTHER STATEMENTS BRANN'S DEATH DAVIS FOLLOWS BRANN W. H. WARD THE OBSEQUIES THE LATEST TRAGEDY BRANN AND BAYLOR TERRIFIC DEADLY CONFLICT THE LATE TRAGEDY THE PASSING OF WILLIAM COWPER BRANN REST—REST IN PEACE A MEMORIAL TO W. C. BRANN DEATH OF W. C. BRANN A PEN PICTURE OF BRANN SEMPER VIVATIM MEMORIAM BRANN'S BRAVE BATTLE BRANN IS NO MORE BRAVE AND BRAINY BRANN BRANN, OF THE ICONOCLAST A MARTYR TO FREE SPEECH EDITORIAL ETCHINGS SIMPLE STATEMENT OF FACTS LET THE PLAIN TRUTH BE TOLD THE LAST LESSON SALMAGUNDI THE DEATH OF BRANN PRIVATE VENGEANCE BRANN, THE FOOL WILLIAM COWPER BRANN SPEAKING OF GALL BLUE AND GRAY HUMBUGS AND HUMBUGGERY BEAUTY AND THE BEAST BRANN'S REPLY TO SLATTERY THE LOCAL OPTION LUNACY OLD GLORY THE LONE STAR SLAVE OR SOVEREIGN RAINBOW CHASERSExtracts from The Waco "Weekly Tribune," Issue of A CHAPTER WRITTEN IN THE LIFE BLOOD OF W. C. BRANN AND THOS. E. DAVIS.THE STREET DUEL TO THE DEATH IN WACO STREETS. THERE ARE TWO MORE WIDOWS AND EIGHT MORE ORPHANS. The Full Recital of the Double Tragedy, the Deaths, the Died—At 1.55 o'clock A.M., April 2nd, W. C. BRANN. Friday afternoon, November 19, 1897, marked a street duel and tragedy in which two men were killed, one lost an arm, and an innocent by-stander was injured. Friday afternoon, April 1st, 1898, within an hour of the time of the first tragedy, and within a half block of the locality of the other, W. C. Brann and Tom E. Davis engaged in a street duel in which each of them was mortally wounded, and three others received slight wounds. Four fatalities within five months of each other are bloody records in the history of the city of Waco, all of which can be traced to the same source, all of which were born of the same cause. The publication last year in the ICONOCLAST and the incidents following the publication are well known. They have been published far and wide, the kidnaping of Brann, the assault upon him by the Scarboroughs, the Gerald-Harris affair, and the hurried departure of Brann on one occasion. During all these incidents Tom E. Davis was an outspoken citizen of Waco. He denounced the author of the ICONOCLAST articles and said he should be run out of town and had continued throughout it all to condemn the "Apostle." This caused bad blood between them, and although Davis had remained in the city all the time, and Brann had been on the street constantly, there had been no outbreak or conflict. Each knew the feeling of the other in the matter. Such are incidents preceding the shooting and leading up to it. . . . To trace the movements of the two men during Friday afternoon appears easy at first, but as the investigator proceeds in his search for information he meets conflicting statements. Tom Davis left his office on South Fourth Street, No. 111, about 5 o'clock or a few minutes later. Brann, accompanied by W. H. Ward, his business manager, is alleged to have been standing at the corner of Fourth and Franklin Streets as Davis passed to the postoffice corner, en route to the transfer stables. In his ante mortem statement Davis says that he heard Brann remark, "There is the s——of a b—— who caused my trouble." Davis didn't stop or resent the insult, but passed on. Soon after he called on James I. Moore at his office in the Pacific Hotel building and together they were discussing the city campaign. According to Mr. Moore's statement, he was standing with his back to the south facing the door and was looking toward Austin Avenue. Davis was facing him, his back to the avenue, and in a position which prevented him seeing anyone approaching from Austin Avenue. Brann and his companion approached coming south, and as they passed, Mr. Moore says, Brann halted, looked him squarely in the face and passed on. Davis did not see the editor and his manager, as he chanced to turn just as they came up and as it happened he kept his back to the "Apostle" and his companion. From Mr. Moore's office, Davis passed into the Pacific Hotel bar and thence to his office. Brann and Ward soon after returned to the Pacific; there they met Joe Earp of Laco, from the western part of the county, and the three walked together to Geo. Laneri's saloon. Brann and Ward passed into the saloon, Earp remaining on the outside. They passed out within a short time and passed down Fourth Street to the Cotton Belt ticket office. Thence on to the newsstand of Jake French, and while there the shooting occurred. . . . As to the shooting there are conflicting statements. As in every tragedy eye-witnesses differ and citizens of equal reputation for veracity and conservatism tell different stories. They are all honest in what they say, they all believe they saw what they relate, but the conflict in statements is yet there. Messrs. W. W. Dugger, Joe Earp, M. C. Insley and S. S. Hall agree as to the first shot. They say it was fired by T. E. Davis at W. C. Brann, when Brann's back was turned. Others say Ward participated in the shooting, while numbers say that Ward did not. Here a conflict occurs. At any rate, the first shot was fired by Davis, and it was immediately returned by Brann. Ward got between the two and in the firing he was shot in the right hand. Davis fell at the first shot from Brann's pistol and writhed in agony. He soon recovered presence of mind and raising himself upon his elbow returned the fire, Brann standing off shooting into the prostrate form, while Davis with unsteady aim was returning the fire. Every bullet from the "Apostle's" pistol found lodgment in the form of the duelist engaged with him. All was excitement. It was an hour, 6 P.M., when South Fourth Street was crowded, and the rapid report of the pistols caused a stampede of pedestrians, each of which feared contact with a stray bullet. In it all there was one who displayed his devotion to duty, his bravery and coolness—Police Officer Sam S. Hall. Mr. Hall was standing near the insurance office of George Willig, not forty feet away. He turned at the first report, and seeing the duel in progress, bravely made his way toward the men. Brann was shooting from the north, and it was toward the north the officer started. Davis was facing north. At each fire of the gun Officer Hall would screen himself in a doorway, dart out and rush to the next, gradually nearing them. Officer Dave Durie was across the street, and he started also, but Officer Hall reached them first, but too late. Each man had finished shooting, Davis had fallen back upon the pavement and his pistol rolled from his hand. Brann was standing, pistol in hand, its six chambers empty, looking upon the lengthened form of his antagonist. He had not spoken. Wounded in three places, blood was soiling his linen and his clothes. He was yet upon his feet, and Officer Hall, not knowing how serious were his wounds, started with him to the city hall, being joined almost immediately by Officer Durie. Davis was wounded in many places. Bullets had plowed their way through flesh and bone, and unable himself to move, blood flowing freely from various wounds, his friends lifted him tenderly and gave him comfort as best they could, surgeons responding quickly to the call. Ward had been in the midst of the fray, but received but one wound, in the hand. He was between the two men at one time and then sought safety against the wall. When the smoke cleared away he went to the Old Corner drug store to have his hand dressed. Here he was arrested later by Deputy-Sheriff James Lockwood. During the shooting Eugene Kempner, a musician of Kansas City, was struck in the sole of the right foot by a stray bullet, and a street car motorman, Kennedy by name, was struck in the left leg by a bullet. Neither of these injuries are serious. 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." 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. "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." * * * BRANN'S DEATH. IT CAME AS PEACEFULLY AS SLEEP TO A BABE.After being taken to the city hall, Mr. Brann was removed to his home, where Drs. Foscue, Hale, Graves and C. E. Smith attended him. Soon after arriving there he appeared to have reacted from the shock and there was every indication of an improvement. At 11 o'clock there was a change, hemorrhage of the lungs occurring frequently. In addition to the immediate family circle a number of devoted friends (and no man ever had more devoted friends than Brann) were at the home, anxious to render the offices of friendship. At midnight the physicians said there was no chance and the family gathered about the bedside. During the long minutes which followed, a loving wife and two children sat by that bedside and watched the unconscious man. His life hung by a thread and while surgeon's science was being used to strengthen the strand that held the life, Death's knife was on it. They watched by his side, and as they watched they saw him seek sweet repose. The anguish of the wife and those children was terrible, but they awaited the visitation to that happy home, kind friends being near to speak sweet words of comfort. At 1.55 A.M. he died. His features showed no pain, and when life left his body, the face appeared as that of one in a sweet, peaceful sleep. The remains of W. C. Brann were prepared early Saturday morning and lay in state all day at the residence on North Fifth Street. Hundreds of ladies visited the home and viewed the face of the Apostle. It was natural as life itself. He lay upon a catafalque in the parlors at home and the visitors passed around the lifeless form, looked upon the face and passed out. Surviving Mr. Brann are his wife and two children, Mr. Brann came to Texas about twelve years ago and has been engaged in the newspaper business ever since. He was connected in an editorial capacity with the Galveston News, Houston Post, San Antonio Express and Waco Daily News. In 1890, during the Hogg-Clark campaign, he established the ICONOCLAST in Austin, Texas, and made a fight for Hogg, making his first appearance in the character which has made him famous. The paper suspended publication and Mr. Brann accepted a position on the San Antonio Express, which he held until the latter part of 1894. He came to Waco in 1895 and began editorial writing on the Waco Daily News. He decided to reestablish the ICONOCLAST and it has been a great success, reaching a phenomenal circulation, having readers all over this country. The tragedy of Friday can be traced to the attack which was made on Baylor University in the ICONOCLAST. It was in Brann's peculiar style, and attracted considerable attention throughout the country. Mr. Brann is a native of Southern Illinois. * * * DAVIS FOLLOWS BRANN. THE DEATH STRUGGLE AND KINDRED INCIDENTS.While breaking hearts watched by Mr. Brann's bedside there was a loving wife, a dutiful son and kind friends sitting by the bedside of Tom E. Davis. For the first six hours Dr. J. C. J. King, Dr. Curtis and Dr. Olive endeavored to bring their patient about. He was perfectly conscious, but was yet suffering from the shock. At midnight he was no better and a change for the worse was soon noted. The patient would awake from the effect of opiates, talk with those about him and then relapse again into slumber. He knew his son and wife, friends who called and friends who spoke to him, but there was rapid pulse and a labored breathing that indicated the approach of death. Throughout the small hours of the new-born day the wife sat by that couch, and with her sat kind friends. Everything known to science was done to save the life that fleeting breath told was fast ebbing away. There was not a continued loss of blood, but with a perforated frame, the creature of nature could not exist, and it was evident he was fast nearing the end. The dawn of early morning found the faithful watchers yet at the bedside, and the rising sun peeped into the room and shed a glow about the sick room, appearing to light the way for the soul which was soon to wing its flight to realms beyond. The circle about the couch enlarged, children of the wounded man gathering about their weeping mother, his sister and other relatives coming to watch and wait. During the early hours of the morning and until the forenoon was advanced, friends paced the lobby of the Pacific hoping every moment for a report that the patient was better. Each minute passed as an hour, and the hours seemed as long drawn out days. Each report from the sick room was "no change." At noon it became evident that but a short time remained. A. C. Riddle sat upon one side of the couch and Richard Selman at the other, the first rubbing the injured portion of the wounded right arm, while the other moistened the parched lips with constant applications of cold water. By Mr. Riddle sat the weeping wife, soon to be a widow, and about the apartment were gathered the children. The last hour of the citizen was one which will never be forgotten by those who watched his last moments. Labored was the breathing and every breath was a gasp and a groan. His children stood by the couch and saw the pain-racked form, and his wife held his hand and prayed to the God of all people to spare him to her for a longer time. Prayers were of no avail and tears did not soothe the pain. He was in agony, and accompanied with that agony was a desire to say something. He relapsed into slumber at times and would at intervals awake. His eyes would roll about the gathered friends and relatives, and an unintelligible sound would escape. There seemed to be no control of the tongue except at times he could utter the words, "Wife" and "Molly." The silence in the sick room was disturbed by the gasp of the dying man and the weeping of his family. The hour of 2 o'clock came and the breath was shorter and harder. Little Nellie, 2 years of age, was brought to the bedside, and looking at her father in childish innocence smiled, and cried, "Mama, is that my papa?" Did papa hear those words? It is to be hoped he did. They rung out loud within the quiet room, the walls caught them and echoed the music of the child's voice, and probably that music joined the music of the great beyond, where the soul was soon to be. If the ear of the dying man, who gave every indication of consciousness, caught the words of his baby, his death was made happy, even with the pain that racked his wounded form. He saw the anguish of the wife and children, it was to comfort them with a last word that he sought to speak the last word that he could not utter. At 2.20 it was seen that death was upon him, and the rapid gasp for breath plunged the entire family into violent weeping. Mrs. Davis had controlled herself as best she could. The long hours were spent in a labored effort to hold back the anguish of her bleeding heart, but when she saw her husband in the last moments of death she could control herself no longer. Death came at 2.30 o'clock. The dissolution of Tom E. Davis was known upon the streets within a few minutes and the regret of the people was freely expressed. Tom E. Davis was 42 years of age. He was born in Waco and was the son of Judge James F. Davis, a pioneer settler of Waco. Tribune readers who have lived here twenty years or more will remember Judge Davis. From 1876 to 1878 he was one of the two justices of the peace in Waco. He has followed the life of a railroad man for many years, but finally gave it up to locate in his native city. He has been engaged in the real estate business recently. He was well thought of in this city, had many friends, was a man of genial, jovial nature, and was a good citizen. His death is mourned by a large number. Surviving him is his wife and six children, James F., Flossie, Mattie, Lillian, Margery and Nellie, the eldest being sixteen and the youngest two years old. In addition to those mentioned, who were at the death- bed, was his sister, Mrs. Margaret Allen. Saturday afternoon Drs. J. C. J. King, Frank Ross, A. M. Curtis and N. A. Olive made an examination of the wounds of T. E. Davis. Justice W. H. Davis had, viewed the body and the examination was made at the request of Sheriff John W. Baker. They could trace four bullets as having struck Mr. Davis. While there were a number of wounds, the surgeons found that the same bullet made more than one or two holes. Two were found to have struck in the left shoulder about the same place. One of these came out at the back and the other passed around the chest wall and lodged near the spine near the waist. One went externally in the chest and came out of the arm-pit, and another made a flesh wound in the arm. W. H. WARD.HIS WOUNDS—ARRESTED AND HELD.W. H. Ward, business manager for Brann's lecture tour, and an intimate friend of the Apostle, was arrested Friday night, as stated above. Baker & Ross, and Charles R. Sparks were retained as his attorneys and he was arraigned before Justice W. H. Davis at once, on a charge of assault with intent to murder. Mr. Sparks appeared in court and waived all formalities and the question of the amount of the bond was discussed. Mr. Sparks suggested $4,000 and this was agreed upon and fixed by the justice. Mr. Waller S. Baker was out of the city at the time, and after presenting a certified check for the amount of the bond, Mr. Sparks decided to await Mr. Baker's return before acting in the matter. When Mr. Baker arrived at 10.30 o'clock there was some talk on the streets of a mob, and it was decided that Ward would be safer in jail awaiting developments. When Mr. Davis died Deputy Constable Cliff Torrence went before Justice Davis and made complaint charging murder. Mr. Ward had come down town Friday to meet his brother whom he was expecting to arrive from Tyler. He joined Mr. Brann on the street, and while they were together the tragedy occurred. Mr. Ward was at Mr. Brann's burial Sunday afternoon accompanied by Mr. Baker. His wounded hand was bandaged and in a sling. At the jail he had been called on by many friends and telegrams from various: points, proffering aid and sympathy, came to him. Ward was greatly moved by the death of Brann. He did not talk much of the tragedy, but to a Tribune reporter, who went to the jail Sunday to see him, Ward said: "I do not at this time care to discuss the details. I wish, however, to deny the statement that I participated in the shooting or had a pistol. I did not expect a difficulty and the first shot startled me as a thunder-clap in a clear sky. I turned to Davis with pistol drawn and grasped the muzzle of the weapon and was shot in the hand. I regret the death of my friend, but cannot discuss the details of the tragedy." Messrs. Waller S. Baker and Charles R. Sparks state that after the shooting they went to Mr. Brann's residence and in the presence of outside witnesses found Ward's pistol. It was loaded all round and showed no indication of having been discharged. Mr. Ward had been associated with Brann for some time. They were co-workers on the Waco News and when the Apostle began lecturing Ward became his manager. They had been firm friends and when Ward was in the city he made his home with Mr. Brann, and the two were always together. Ward is well liked by those who know him and he has a number of friends throughout the country. He is a man of fine physique, is a dignified, courteous gentleman. While there was for a short time talk of a mob Friday night, Sheriff Baker believed that cool judgment would prevail and that nothing would be attempted. He was prepared, however, to protect his prisoner, had trouble been precipitated, and a number of citizens volunteered their assistance had danger threatened. THE OBSEQUIES.BRANN AND DAVIS LAID TO REST SUNDAY.Beneath two mounds, each banked with flowers, one in Oakwood, the other in First Street Cemetery, were laid the victims of Friday's tragedy Sunday afternoon. Never were two funerals in this city more largely attended, and never was the dead followed to a last resting place by sorrowing friends with the reverence that was shown yesterday. At each home, the Davis residence in the Fifth Ward, and the Brann residence on North Fifth Street, friends began to gather shortly after noon, and they crowded through the two homes, on the lawn of one and about the yard of the other. Each man had his friends, and each had hosts of them, and they desired to show by their attendance at this last service their devotion to those friends who were now gone to the great beyond. Each procession was a long one, the Davis cortege moved from the home on Dallas Street to Elm, thence west on Elm to the suspension bridge. When the hearse, which was preceded by vehicles covering three blocks, containing Knights of the Maccabees, turned into Elm Street, vehicles were yet falling in line at the home, the procession extending more than a dozen blocks in length. All classes and conditions of men were in the line, from the lowest to the highest, citizens of Waco joining in the respect to the citizen whose tragic death was known. He was well liked, and being liked, they sorrowfully joined in this tribute to his memory. There were services at the home, conducted by Rev. Austin Crouch, of East Waco Baptist Church. Dr. Nelms was to participate, but a sudden illness prevented him being present. The service commenced by the singing by the choir of Some Sweet Day. Those composing the choir were Messrs. W. T. Millman, W. E. Brittain, W. R. Covington, J. S. Henderson, Mrs. McDonald and Misses Josie Davis, Nannie Huff and Shirley Faulkner, all of the East Waco Baptist Church. After the reading of the 23rd Psalm by Rev. Austin Crouch, followed by the singing of Nearer My God to Thee by the choir, Mr. Crouch began a short talk, which went deep into the hearts of his hearers and was a beautiful tribute to the noble characteristics of the deceased. He began by quoting the poem, The Hour of Death, by Mrs. Hemans, to illustrate the thought that man cannot reckon upon the hour of the coming of death. He drew attention to the fact that "it was said of Moses that he died when his eye was not dim nor his natural strength abated." He said it had been thus with the deceased, he having been taken from life in the prime of manhood, aged 42. He referred to him as a loving husband and devoted father, and possessing the love of a host of friends, as the vast concourse assembled about his bier testified. Mr. Crouch then referred with words full of tenderness and pathos to the wife and six children whom the husband and father had left when taken from life, and in this connection quoted from Tennyson's In Memoriam, the lines: "I hold it true whate'er befalls; Touching upon the characteristics of the deceased, Mr. Crouch eulogized his devotion to his family, his loyalty to his friends and his willingness always to sacrifice anything to them. He said of him that he was a good citizen, who for the last several years had devoted much of time and talents to upholding all the virtues of good citizenship, adding that it was not often that one met a man nowadays who could be called a good citizen. Mr. Crouch closed a talk that was well chosen and effectively delivered by warning his hearers that they were but mortal and to be prepared for the hour of death. With his final words he commended the loved ones of the deceased to the mercy and care of Almighty God. The song, The Unclouded Day, closed the services at the house. When the procession reached the cemetery impressive services, according to the ritual of the order, were conducted by Commander Ben Richards of Artesian Tent, Knights of the Maccabees, a final prayer was offered by Rev. Crouch and the body of Tom Davis was lowered to rest. The floral tributes were beautiful. Friends brought cut flowers and evergreens, and two large designs especially were noticed. One was a large wreath of red and white flowers, twined with crepe, the red, white and black being the colors of the Maccabees. This was sent by Artesian Tent No. 6, of which the deceased was a member. The other was a large anchor, fully four feet in length composed of yellow roses and white carnations. It was a huge piece, beautifully made, and testified the friendship of him who sent it, Mr. Connor. The pallbearers were Judge W. H. Jenkins, J. E. Boynton, T. B. Williams, J. N. Harris, A. C. Riddle, J. K. Rose, J. H. Gouldy, W. H. Deaton, Robt. Wright, S. F. Kirksey, Major A. Symes and James I. Moore. . . . The funeral of W. C. Brann did not move promptly on the hour. It had been fixed for 3 P.M., but there was some delay. During the moments just preceding the funeral services Mrs. Brann went upon the lawn herself, accompanied by a friend, and she directed the cutting of certain buds and roses which had been favorites of her departed husband, and when the services were held in the parlor she placed this collection of cut flowers upon the head of the casket. The entire place was crowded with sympathetic friends, and by her side were Mr. Brann's sister and her husband, who came to Waco to attend the funeral, being summoned from their Fort Worth home. A brass quartette, composed of L. N. Griffin, first cornet; J. C. Arratt, second cornet; H. C. Collier, trombone; Fred Podgen, baritone horn, rendered sweet sacred music, one selection being Nearer My God to Thee. Mrs. Tekla Weslow Kempner sung Mr. Brann's favorite selection, The Bridge. The service was conducted by Rev. Frank Page of the Episcopal Church. The procession was a very long one. It extended all along Fifth Street from the house, and when Austin Avenue was reached a large number dropped out of the line, as was done in the Ross, Coke and Harris funerals, and proceeded to Oakwood by other streets. A brass band preceded the procession, playing martial music. The street was lined with pedestrians and vehicles, some of whom stood for thirty minutes waiting for the cortege. The delay was occasioned, however, at the home. Soon after the services were concluded, Mrs. Brann requested that the casket be opened again, and her request was complied with. For a few minutes she was alone with her dead, and in that few minutes she gazed for the last time upon her companion, her loved one and her husband. When the procession reached the cemetery it was found that a large number had preceded the cortege to the grave, many vehicles and persons on foot being in waiting. A large number went on the cars, three cars leaving the home. The services at the grave consisted of an address by "My friends and friends of W. C. Brann: I come this evening at the request of Mr. Brann's family to lay tribute upon his grave. I speak as a friend living for a friend dead. No ordinary man has fallen in the person of W. C. Brann. Nature fashioned him to be a power among his fellow men. By industry, by hard study, by careful observation, by diligent research, by interminable effort, he rose from comparative obscurity to teach and impress the civilized world. In the person of W. C. Brann we have an illustration of what may be expected in a country like ours. He was a natural product of our American democracy. He was a star that rose by dint of his own effort, his own determination, surrounded by circumstances that invited merit from the common people, from the whole people. W. C. Brann was a cosmopolitan character. He could never be confined within the limits of a party or a creed. So great was his grasp, so far-reaching his thought, that he lived in the world and not in a mere party. He was found always with that party or with that sect that represented what he thought to be right and true. A peculiarity of this man was his dual personality. Few people fully understood him in this respect. As a bold genius, as an intellectual giant, as a man armed and equipped with intellectual fire, and as a man with a noble ambition to stand by the right, he was a sworn foe of hypocrisy and fraud. And when he took into his brave hands the pen, he made fraud and hypocrisy quake and tremble. Burning words came from his tongue, scorching and branding every fraud. Men looked upon him then as a hard man, as a heartless man because he told them the truth. But the other side of this man's individuality, I, for one, have had the opportunity to see. He could not only sow intellectually; he was not only able to entertain the civilized world with burning words, with thoughts that were winged and that went like lightning, but he was a man of heart and of honor, and a man of the warmest and most generous love. He could go towards the skies intellectually, but in his heart he lived close to nature. He loved nature. He loved the very trees under whose shade he rested. He loved the little birds that sang in the trees, the grass upon which he walked, the flowers that bedecked the forest. And he loved his fellow man. He had a warm, generous heart and affection that went out to the poor and those who were needy. W. C. Brann was never known to attack a man who was a man. It was the strong and the defiant that he branded, and not the weak and the needy or the deserving. For these he was the friend. I knew this man, not only as the editor of the ICONOCLAST, not only as the utterer of grand and entertaining sentences, but I knew him as a man whose palm was stretched out to the man who was in need. Few men have been more generous with their charity than my neighbor and my friend whom we lay away to-day. No man within my knowledge ever presented the world with a purer, a nobler, a loftier home character than W. C. Brann. Oh! how he loved his wife and his dear little children—not only the children that were living, but the child that was dead. How ardently he strove to support, maintain and bless them. And what a friend they have lost. No man ever approached W. C. Brann for a penny that he did not respond, and from his beautiful home no beggar was ever turned away. I am afraid many people who only knew Mr. Brann as a genius, as a man of eloquence and power with the pen, knew little of him as a man of heart and affection. But, I, as his friend, as a friend of his wife and his fatherless children, I thank the people of Waco to-day that they have testified of their affection for this man. We shall never see his like again here, perhaps. He was a rising star. How soon that star has set! But, my dear friends, he has left a memory. He has made his impression upon the world and we will never forget him. Let me then say, for I must be brief, I am reminded by the stormy elements about us that I must not detain you longer, let me say in conclusion that Brann is not dead. His burning words still live, and his thoughts will yet remain to affect the world, and we will never forget him. And I say to his wife and children, though to-day you feel crushed by this great sorrow, I know by experience that our dead do not pass away from our minds. They grow more beautiful the longer we live. We remember them with greater pleasure, more tenderly, they will always be just like they had been. They never change. The little girl that you laid away in Houston is to-day in your mind just what she was then. And the dear husband that you lay away now will always be just what he is to- day. No changes can come. He is fixed in the memory. "Now, my friends, in behalf of Mrs. Brann and her children, let me thank you for this presence, for this demonstration of your appreciation of this man who has so suddenly, so unexpectedly, fallen in our midst. Let us cherish his memory, remember his virtue, and imitate his daring courage in defiance of that which he thought was evil and wrong. He was not without his faults. None of us are. He was always ready and willing to admit that. No man was more willing to answer for his work than W. C. Brann. Therefore I ask for him that judgment to-day we shall all crave of one another when we shall have passed away. We will now lay his body in the grave, we will cover it with mother earth, and upon it place these flowers as a testimonial of our love and affection for him." At the grave, the bouquet which Mrs. Brann had laid on the casket before leaving home was returned to her, and just before the casket was lowered into the grave, she stepped forward and lovingly placed the floral piece upon the casket and it was closed in the grave. There was a large number of floral offerings. Flowers were there in profusion. But as at the other funeral, two pieces were especially noticeable. One was a huge broken wheel, full three feet in diameter, all in white, composed of lilies of the valley, hyacinths and roses. It was the gift of the employees of the ICONOCLAST, and William Marion Reedy of St. Louis. The Knight Printing Company sent a large anchor about three feet long, which was composed of pink carnations and white roses. The following were the pallbearers: J. W. Shaw, G. B. Gerald, D. R. Wallace, L. Eyth, Waller S. Baker, Dr. J. W. Hale, H. B. Mistrot, John D. Mayfield and James M. Drake. * * * THE LATEST TRAGEDY. (Editorial appearing in the Waco Weekly Tribune, issue April 9, 1898, and written by Hon. A. R. McCollum, editor, and State Senator of the Texas Legislature.) What use to write, or read or talk of the tragic deaths of Brann and Davis unless those who survive are to draw from the tragedy lessons which, rightly applied, will bring peace and good to society and especially to this community? If not this, then far better silence. In the news columns of the paper we have told the story of the battle to the death, fought on the public streets, of the death scenes and burial. And all over this land, where newspapers are printed, the story has been told and millions have read. There will be no adequate estimate of the effect the reading will have upon the minds of the millions. It is certain that the most patent result will be to discredit this community in the esteem of the people whose good opinion our people would like to have, and to react in ways that will affect the material welfare of this city and very likely of the county, too. Beyond all question the deplorable events of last year, opening with October, have operated to the detriment of Waco, and beyond all question the latest chapter of blood and violence will intensify the distrust, unless it is evidenced that this is to be the end, and that hereafter peace and order are to prevail, and the sacredness of human life be more assured. This is why we say it is little use to write or discuss the passing of Brann and Davis, beyond rendering the tributes of love and affection, unless our people are to learn from the deaths the lessons of forbearance and tolerance and subordination of passion and prejudice to the nobler and better ends and aims of life. Asperity and bitterness must be buried in the graves with the dead. Brann and Davis have gone to a judgment higher than that of men, and both, we venture to hope and believe, have found how true it is that God is Mercy, as well as justice. For our part, we would rather let them rest in peace and not essay an analysis of their attributes and actions. We will say this of Brann, that though he could write with a pen of vitriol, in his private life he could be and was as gentle as a woman, and his aspirations were those of generosity and kindness, of faithfulness to friends. His home life—with wife and children—was a poem that never ended till he died. His genius was superhuman. As Mr. Shaw truly said in his remarks at the grave, it is not likely that we shall ever see his like again in this community. Davis was cast in a different mold mentally, a man of quite another type. He was sturdy and practical and took the world precisely as he found it. It was indeed a strange fate that brought these two men face to face in deadly conflict and made of Davis the instrument to put an end to Brann's earthly career. Both men loved and were beloved. Widows and orphans mourn them. Let the dead rest in peace, for good can be said of each. It is the manifest duty of this community to forbear from discussion of what might have been, or who sowed the wind that brought the whirlwind. At the best, years of patience, unselfish, earnest work will be needed to restore our city to the place it might hold in the esteem of men. The fool will say: "It makes no difference what others think." It is a fool's consolation and a fool's argument, for the cold truth is that not alone the prestige and good repute of our fair city have been marred, but material progress and prosperity have been affected. Population, capital, skill, brawn, industry, morality hold aloof—not wholly, of course, yet to a degree that is material and unfortunate. It is possible to remedy this, but not until we prove to the world that toleration and peace are to rule here, and that human life is not to be held as the cheapest thing society has to lose. The following account of the mobbing of Brann in the fall preceding his death (see Brann's article "Ropes, Revolvers and Religion" in Vol. X.) is taken from the Waco Tribune for October 9, 1897 It is reproduced here to enable the reader to better interpret the circumstances of Brann's death. BRANN AND BAYLOR.As to the Brann-Baylor episode, the old adage, "two wrongs will not make a right," is certainly applicable to it. Brann's article on Baylor University was wholly indefensible— essentially ill-timed and could not possibly have wrought any good, either to Baylor or the cause of morality in general. It merited the protest and indignation it evoked, and we question if Brann, when he wrote it, really appreciated its full import, for, had he reflected, he would have known that he placed his friends at a disadvantage, in that men who hold the views respecting virtuous womanhood that most Southern men (and himself included) do could not defend the article. And Brann is a man who we have always found to be true to his friend; not one to place a friend in an embarrassing or unpleasant position. He illustrated how a wonderfully brilliant man may astonish the world and himself, too, by perpetrating a grave blunder or mistake. We cannot understand how he came to print the article. And as for the course of the Baylor students who laid forcible hands on Brann and by mob power compelled him to sign humiliating admissions and apologies, their course was about as grave a blunder as was Brann's. It is not palliation to argue how indignant they were and how natural their indignation. Perhaps those in authority at Baylor who are said to have known beforehand the purpose of the student mob and quietly winked at—if they did not openly commend it—are more to blame than the boys who did the work, for the older heads were naturally expected to display the wisdom of mature years. It is the truth that the authorities who condoned and the students who perpetrated the lawlessness are equally beyond the pale of defense. It was thus that two wrongs and not one right were done. All the parties to the wrong will have to take the consequence. Brann has impaired the prestige of the ICONOCLAST, students and university authorities have brought unnecessary reproach on Baylor, given it undesirable notoriety. Baylor is part and parcel of Waco. All of us, regardless of creed, helped to rear it. Its good name and welfare are matters of concern to all. Brann, if he knew of disgraceful facts or episodes connected with Baylor, should have given names, dates and specific details. And some student, professor, patron or friend of Baylor—someone with a daughter, sister or female relative there—thus vested with the God-given right of resenting slurs on the virtue of girl students, should have been found willing to deal with Brann personally, and somewhere else than on the university grounds with Brann helpless and bulldozed. Any man thus acting with defense of his womankind as his plea may, if his pretensions are valid, always risk public opinion and jury verdicts in this county. We hope this matter will end where it is. Nobody wants to see Brann driven away from Waco, nor do we believe such a thing can be done. Men will be found in ample numbers to maintain his right to dwell here. He is a brilliant man, who can be distinctly useful as a writer. On his part he owes something to the community which is willing to maintain his every right—to the friends who are still his friends even if he makes a mistake, and that is to remember that Baylor University is part and parcel of Waco, and that the reputable element of society here does not share his views concerning the disrepute alleged to attach to Baylor. Most of us wish Brann well; most of us wish Baylor well. It has been said that this is a matter of "religious" differences and prejudices. It is not so, save where individuals want and see fit to make it so. It has been said "personal liberty" and bigotry are involved in this matter. We fail to comprehend how or wherein. God knows there is not a spot on the globe where there is more diversity of opinion, more freedom of expression and action as to religion than in this town. Once more, we hope the matter is ended and for good. . . . Since the above was put in type the assault made by Judge Scarborough, R. H. Hamilton and George Scarborough on Mr. Brann has occurred. Judge Scarborough has a daughter, George Scarborough a sister, who has recently been a student and is now a member of the faculty at Baylor. It will thus be understood how Brann's article could aggrieve the father and brother. If either one had taken a shotgun and killed Brann on sight, public opinion would have held such a course far more commendable than the policy adopted. If either one had challenged him, given him a show for his life, and in the duel killed him, public sentiment would have condoned such a step and no jury in this county would award any penalty for the slaying. But the overpowering attack by three men was itself a mob attack—three may constitute a mob as well as ten or twenty. Of course there will be some to defend the trio of assaulters, but the consensus of public opinion will be against it and by the greater part of our people it will be regarded as essentially unfair. It has not served, so far as we can see, any good purpose, but to the contrary has intensified the bitter feeling existing here. Brann's friends never indorsed his article on Baylor, but this assault justified their indignation. As for Judge Scarborough, we must regret his act and express surprise that he got his consent to such a course. As for Hamilton, his participation is altogether indefensible. * * * The following is the account of the shooting of Brann from the Waco "Times-Herald." See the editorial for the attitude of this paper. The ante-mortem statement of Davis, and the statements of Moore, Hall and Sherman Vaughan are identical in both papers and are therefore not repeated. The "Times-Herald" gave no statements from Earp, Petterson, Chase, Insley nor Dugger. Note other statements not given in the "Tribune." TERRIFIC, DEADLY CONFLICTA Fearful Street Fight, in Which W. C. Brann and Tom BRANN, EDITOR OF ICONOCLAST, DEAD.The Life of Tom E. Davis, the Well-known Real Estate BRANN-BAYLOR AFFAIR THE CAUSE.A Motorman and Musician Wounded by Flying Missiles— At this writing, 9 o'clock, W. C. Brann, editor of Brann's ICONOCLAST, and Tom E. Davis, a prominent real estate man of this city, lie dangerously wounded with a likelihood of their dying at any moment. William H. Ward, an employee of W. C. Brann, is shot through the right hand. Sigh Kennedy, a motorman on the street car line, is shot in the right knee, and Kepler, a traveling musician, is shot in the right foot. The three men last named are only slightly wounded. W. C. Brann is shot through the left groin, in the right foot and through the middle of the back about the lower part of the shoulder blade, ranged upward and outward, coming out at the front side near the point where the arm joins the body. Tom E. Davis is shot twice in the right arm, the balls going through the arm, leaving four holes, one in the upper left arm near the shoulder on the outer part of the arm. This ball ranged to the back and came out just a little ways in the left shoulder. Another shot took effect in the right breast, near the nipple, ranged outward and backward, coming out of the back near the side. Another shot took effect in the back, near the right side, about the waistband, ranged outward and downward and lodged just over the spine, just under the skin. Another shot took effect just under the right arm, ranged backward, coming out about six inches in the back. This made a total of six shots that took effect in Davis' body. From best information obtained, the cause of the trouble dates back to the old Brann-Baylor affair. It was during this trouble that Mr. Davis was an outspoken advocate for Baylor and had made the same statement that scores of other people in Waco are accredited with having made that "Brann is a scoundrel and ought to be run out of town." Mr. Davis was fearless and outspoken, and Mr. Brann learned of the stand he took. 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. E. P. NORWOOD.Mr. E. P. Norwood said: "Just prior to the shooting I had walked up Fourth Street, passing 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. |
|