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.

B. H. KIRK.

Mr. B. H. Kirk said:

"At the time of the shooting I was on the sidewalk in
front of Mr. Mackey's office. I noticed W. C. Brann and
W. H. Ward together crossing Fourth Street from the
direction of Krauss' store and walking towards Tom
Davis' office. A moment or two after I heard two shots
fired very near together, and, looking, saw Tom Davis
on the sidewalk in front of his office in the act of falling;
as he lay on the sidewalk two more shots were fired into
him. After these last two shots Davis rolled over and
fired at Brann and I thought hit him in the breast. After
that several more shots were fired into Davis. Brann
and Ward were about three feet from Davis during the
firing, standing near the outside of the sidewalk and