perhaps a little nearer to Austin Street. I cannot say
I saw W. H. Ward fire, but my impression is that all
three were shooting."

B. H. KINGSBURY.

B. H. Kingsbury said:

"I was standing close to the telephone post between
Pacific Hotel bar and Mose's newsstand when I heard one
or two shots fired almost together. I exclaimed: 'Tom
Davis is killed,' for I saw him on the sidewalk in front of
his office struggling and rolling. As Davis lay on the
sidewalk, dead, as I thought, there were two men shooting
at him. These men I learn were W. C. Brann and his
body-guard, W. H. Ward. While so shooting at Davis,
Brann was in front of Ward and both were firing. I do
not know if Davis fired before he was down.

LATER.

Later.--At 1 A.M. a Times-Herald reporter visited the
home of Mr. Brann and found him dying. At 10.30 o'clock
he had a hemorrhage of the lungs, which filled one of them
up and the lung was still bleeding at 1 A.M., and his
vitality was fast ebbing away. Dr. M. L. Graves said
that the sufferer could not possibly live longer than two
hours and was liable to die at any moment.

At 1 A.M. Mr. Tom Davis had not rallied from the