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,