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.