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
Burials and Subsequent Events—Will This End It?
In God’s Name Let Us Hope It Will.

Died—At 1.55 o’clock A.M., April 2nd, W. C. BRANN. Died—At 2.30 o’clock P.M., T. E. DAVIS.

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."