Brann the Iconoclast Volume 12 Part 1

Volume 12 of Brann The Iconoclast.

by William Cowper Brann.

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 G.o.d'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 b.l.o.o.d.y 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 a.s.sault 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 pa.s.sed 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 pa.s.sed 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 pa.s.sed, Mr. Moore says, Brann halted, looked him squarely in the face and pa.s.sed 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 pa.s.sed 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 pa.s.sed into the saloon, Earp remaining on the outside. They pa.s.sed out within a short time and pa.s.sed 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 partic.i.p.ated 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. a.s.sistant 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 pa.s.sed Brann and Ward. Brann remarked, there goes the d.a.m.n s---- of a b---- that has caused all my trouble.

Pa.s.sed 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."

OTHER STATEMENTS.

EYE-WITNESSES GIVE SOMEWHAT CONFLICTING ACCOUNTS.

Joe Earp, a young fellow from the western part of the county, who was in town that day, said:

"I met Mr. Brann in front of the Pacific Hotel, and having heard of him and read after him, I was curious to know him. It was our first meeting; in fact, the first time I had ever seen him. We talked together, Mr.

Ward with us, to Laneri's saloon. They went inside and I left them. In a few minutes they came out and crossed the street, going to the Cotton Belt ticket office. They moved together towards Austin Avenue, but half turned, conversing one with the other. They reached the newsstand and stopped. I saw a man whom I have been told was Tom E. Davis, come out a door and shoot. Brann's back was turned to the man, and while I did not see the bullet strike him, I supposed he was shooting at Brann.

Ward turned as soon as the shot was fired and reached for the pistol. Brann turned instantly, gun in hand, and commenced shooting. Ward got in between the two and then jumped away, against the wall. Davis fell at Brann's first fire and rolled over a time or two, and raising himself on his elbow, returned Brann's fire. They emptied their pistols. When Davis fell Brann stepped back a short distance and then advanced toward Davis, shooting at him, but he never approached nearer than six feet. Ward never fired a shot. I saw the whole affair and never 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 pa.s.sing 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, whom I do not know, joined in, and he and Brann fired shot after shot at Mr. Davis as he rolled along the sidewalk. The police then came up and took Brann away.

I did not see what became of the other man."

Mr. James I. Moore said:

"I had met Tom Davis in front of my office in the Pacific Hotel building, and we discussed the proposed meeting at the city hall. He and I walked out on the sidewalk just in front of my office. I stood at the south side of the door facing north and Mr. Davis stood directly in front of me on the sidewalk by the wall. We were about two feet apart. While talking, W. C. Brann came down the sidewalk from the direction of Austin Street.

He advanced within two feet of Mr. Davis and myself and stopped; looked me squarely in the face and then at Mr.

Davis. I did not speak to Brann and don't think Davis saw him until after he pa.s.sed on. Brann pa.s.sed on in the direction of the postoffice. Almost immediately after Brann left, Davis left me and walked up Fourth Street towards his office, and I saw him cross the street to his office. I then advanced to the edge of the sidewalk and stood there alone about four or five minutes, when I heard a shot in the direction of Davis' office. I looked that way and three shots seemed to be fired almost simultaneously. Davis fell to the sidewalk and writhed as if in terrible agony. Brann seemed to be nearest to Davis, a very large man being close in Brann's rear.

This man, I learned afterwards, was W. H. Ward. While Davis was rolling on the sidewalk both of these men were very rapidly firing upon Davis. They seemed to poke their pistols almost against Davis' body as they fired.

After the first four or five shots the smoke became too dense to see all that occurred. The first sight seemed to chill my blood and I became too horrified to move."

H. C. Chase, 509 North Ninth Street:

"I was standing at the alley near Geo. Laneri's saloon and heard somebody say, 'Look out!' I glanced across the street and saw Tom Davis on the sidewalk. He had a gun in his hand and fired at once. Brann and Ward were a few feet distant. Brann had turned slightly, but his back was still towards Davis when the latter fired.

Ward jumped back and grabbed at Davis' gun as the latter fired the second time. Brann fired as soon as he turned around and at his second shot Davis fell backwards.

Ward, it seemed to me, had gotten to one side of Davis and was reaching for Davis' gun. As the latter fell back, Ward backed up to the building. He did not have a gun and did not shoot."

M. C. Insley, s.h.i.+pping clerk for Brann:

"I was standing in the doorway of Sam French's cigar store as Brann and Ward reached it. They had just pa.s.sed the doorway, going toward Austin Street, when Davis appeared with a gun in his hand. He fired at once. I could not see Brann at this time. Davis fired the first shot and immediately I heard another shot, I suppose from Brann, and almost simultaneously a second shot from Davis. As the latter fired the first shot Ward jumped and grabbed the muzzle of Davis' gun. He let go as the shot was fired. He did not have a gun. I backed away from the door. The shooting was thick and fast. Davis fell back at the door of French's as Brann fired the last shot and his gun dropped from his grasp.

John Williams, who appeared quickly, grabbed it, and screening himself with the door-facing of the cigar store, tried twice to shoot it and then somebody grabbed him."

W. W. Dugger, employed in the feed store of J. P.

Nichols, on North Second Street, said:

"I was talking with Policeman Sam Hall at the alley next to the Cotton Belt ticket office when the first shot was fired. We were close to the scene. I glanced instantly in that direction and saw Tom Davis with a smoking pistol in his hand. At the same time I saw Brann turn around and face Davis, from whom he appeared to be distant about fifteen feet, I should judge.

He fired and fired again almost at the same time. In the meantime, the man with Brann, whom I learned afterward was Ward, had rushed up and caught Davis and it seemed as if he struggled with him a moment. When Brann fired a second shot, Davis fell. Ward had turned him loose at this time. Davis rolled over and over on the sidewalk and fired, I think, two shots while he was down. While he was rolling over, Brann kept shooting at him as fast as he could work the trigger. Mr. Ward did not fire a shot. I saw the whole affair and know that he did not and he did not exhibit a weapon of any kind.

He slipped back close to the building when he let go of Davis, and when the shooting was over walked up the street. I saw a man come out of Williams' place and make an effort to get Davis' pistol. I can't say whether or not he got it. I don't know where he went. Policeman had reached the scene and arrested Brann."