Chapter 3

It is the manifest duty of this community to forbear from discussion of what might have been, or who sowed the wind that brought the whirlwind. At the best, years of patience, unselfish, earnest work will be needed to restore our city to the place it might hold in the esteem of men. The fool will say: "It makes no difference what others think." It is a fool's consolation and a fool's argument, for the cold truth is that not alone the prestige and good repute of our fair city have been marred, but material progress and prosperity have been affected. Population, capital, skill, brawn, industry, morality hold aloof--not wholly, of course, yet to a degree that is material and unfortunate. It is possible to remedy this, but not until we prove to the world that toleration and peace are to rule here, and that human life is not to be held as the cheapest thing society has to lose.

The following account of the mobbing of Brann in the fall preceding his death (see Brann's article "Ropes, Revolvers and Religion" in Vol. X.) is taken from the Waco Tribune for October 9, 1897 It is reproduced here to enable the reader to better interpret the circumstances of Brann's death.

BRANN AND BAYLOR.

As to the Brann-Baylor episode, the old adage, "two wrongs will not make a right," is certainly applicable to it. Brann's article on Baylor University was wholly indefensible-- essentially ill-timed and could not possibly have wrought any good, either to Baylor or the cause of morality in general. It merited the protest and indignation it evoked, and we question if Brann, when he wrote it, really appreciated its full import, for, had he reflected, he would have known that he placed his friends at a disadvantage, in that men who hold the views respecting virtuous womanhood that most Southern men (and himself included) do could not defend the article. And Brann is a man who we have always found to be true to his friend; not one to place a friend in an embarrassing or unpleasant position. He illustrated how a wonderfully brilliant man may astonish the world and himself, too, by perpetrating a grave blunder or mistake. We cannot understand how he came to print the article.

And as for the course of the Baylor students who laid forcible hands on Brann and by mob power compelled him to sign humiliating admissions and apologies, their course was about as grave a blunder as was Brann's. It is not palliation to argue how indignant they were and how natural their indignation. Perhaps those in authority at Baylor who are said to have known beforehand the purpose of the student mob and quietly winked at--if they did not openly commend it--are more to blame than the boys who did the work, for the older heads were naturally expected to display the wisdom of mature years. It is the truth that the authorities who condoned and the students who perpetrated the lawlessness are equally beyond the pale of defense.

It was thus that two wrongs and not one right were done. All the parties to the wrong will have to take the consequence. Brann has impaired the prestige of the ICONOCLAST, students and university authorities have brought unnecessary reproach on Baylor, given it undesirable notoriety. Baylor is part and parcel of Waco. All of us, regardless of creed, helped to rear it. Its good name and welfare are matters of concern to all.

Brann, if he knew of disgraceful facts or episodes connected with Baylor, should have given names, dates and specific details. And some student, professor, patron or friend of Baylor--someone with a daughter, sister or female relative there--thus vested with the God-given right of resenting slurs on the virtue of girl students, should have been found willing to deal with Brann personally, and somewhere else than on the university grounds with Brann helpless and bulldozed. Any man thus acting with defense of his womankind as his plea may, if his pretensions are valid, always risk public opinion and jury verdicts in this county.

We hope this matter will end where it is. Nobody wants to see Brann driven away from Waco, nor do we believe such a thing can be done. Men will be found in ample numbers to maintain his right to dwell here. He is a brilliant man, who can be distinctly useful as a writer. On his part he owes something to the community which is willing to maintain his every right--to the friends who are still his friends even if he makes a mistake, and that is to remember that Baylor University is part and parcel of Waco, and that the reputable element of society here does not share his views concerning the disrepute alleged to attach to Baylor. Most of us wish Brann well; most of us wish Baylor well.

It has been said that this is a matter of "religious" differences and prejudices. It is not so, save where individuals want and see fit to make it so. It has been said "personal liberty" and bigotry are involved in this matter. We fail to comprehend how or wherein. God knows there is not a spot on the globe where there is more diversity of opinion, more freedom of expression and action as to religion than in this town. Once more, we hope the matter is ended and for good.

. . .

Since the above was put in type the assault made by Judge Scarborough, R. H. Hamilton and George Scarborough on Mr. Brann has occurred. Judge Scarborough has a daughter, George Scarborough a sister, who has recently been a student and is now a member of the faculty at Baylor. It will thus be understood how Brann's article could aggrieve the father and brother. If either one had taken a shotgun and killed Brann on sight, public opinion would have held such a course far more commendable than the policy adopted. If either one had challenged him, given him a show for his life, and in the duel killed him, public sentiment would have condoned such a step and no jury in this county would award any penalty for the slaying. But the overpowering attack by three men was itself a mob attack--three may constitute a mob as well as ten or twenty. Of course there will be some to defend the trio of assaulters, but the consensus of public opinion will be against it and by the greater part of our people it will be regarded as essentially unfair. It has not served, so far as we can see, any good purpose, but to the contrary has intensified the bitter feeling existing here. Brann's friends never indorsed his article on Baylor, but this assault justified their indignation. As for Judge Scarborough, we must regret his act and express surprise that he got his consent to such a course. As for Hamilton, his participation is altogether indefensible.

* * * The following is the account of the shooting of Brann from the Waco "Times-Herald." See the editorial for the attitude of this paper. The ante-mortem statement of Davis, and the statements of Moore, Hall and Sherman Vaughan are identical in both papers and are therefore not repeated. The "Times-Herald" gave no statements from Earp, Petterson, Chase, Insley nor Dugger. Note other statements not given in the "Tribune."

TERRIFIC, DEADLY CONFLICT

A Fearful Street Fight, in Which W. C. Brann and Tom E. Davis Were Riddled With Pistol Shots and William H. Ward Shot through the Hand.

BRANN, EDITOR OF ICONOCLAST, DEAD.

The Life of Tom E. Davis, the Well-known Real Estate Man of Waco, Hangs by a Slender Thread, With Almost Every Chance Against Him.

BRANN-BAYLOR AFFAIR THE CAUSE.

A Motorman and Musician Wounded by Flying Missiles-- Ward in Jail on a Charge of Assault to Murder-- The City Thrown Into a Whirlwind of Excitement Over the Fearful Affair and Happy Homes Made Sad.

At this writing, 9 o'clock, W. C. Brann, editor of Brann's ICONOCLAST, and Tom E. Davis, a prominent real estate man of this city, lie dangerously wounded with a likelihood of their dying at any moment. William H. Ward, an employee of W. C. Brann, is shot through the right hand. Sigh Kennedy, a motorman on the street car line, is shot in the right knee, and Kepler, a traveling musician, is shot in the right foot. The three men last named are only slightly wounded.

W. C. Brann is shot through the left groin, in the right foot and through the middle of the back about the lower part of the shoulder blade, ranged upward and outward, coming out at the front side near the point where the arm joins the body.

Tom E. Davis is shot twice in the right arm, the balls going through the arm, leaving four holes, one in the upper left arm near the shoulder on the outer part of the arm. This ball ranged to the back and came out just a little ways in the left shoulder. Another shot took effect in the right breast, near the nipple, ranged outward and backward, coming out of the back near the side. Another shot took effect in the back, near the right side, about the waistband, ranged outward and downward and lodged just over the spine, just under the skin. Another shot took effect just under the right arm, ranged backward, coming out about six inches in the back. This made a total of six shots that took effect in Davis' body.

From best information obtained, the cause of the trouble dates back to the old Brann-Baylor affair. It was during this trouble that Mr. Davis was an outspoken advocate for Baylor and had made the same statement that scores of 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.

Mr. Brann was taken to the city hall by Officers Sam Hall and Durie, where he was laid upon a couch and other physicians attended him until 7:20 o'clock, when he was taken home, being accompanied by physicians and friends.

Ward, Kennedy and Kepler all repaired to the drug stores and had their wounds dressed.

Something near an hour after the shooting Mrs. Davis and her children came from their home in East Waco to the side of the wounded husband and father. At dark Davis was removed to the Pacific hotel, where Dr. J. C. J. King attended him in his official capacity. Mrs. Davis was with her husband and numerous friends were present to administer every want.

Mr. Ward employed an attorney. Justice W. H. Davis was called up by telephone and about 9 o'clock he opened court in his courtroom. Mr. Ward, through his attorney, waived all formalities, preliminaries and examination and was granted bond in the sum of $4,000, which he failed to give and went to jail.

From the moment the first shot was fired citizens rushed to the scene from every part of the city, and in a moment after the firing had ceased there were fully one thousand persons on Fourth Street surging around French's newsstand, while there were two-thirds that number at the city hall where Mr. Brann was being attended to, and up until after midnight the streets were filled with hundreds and hundreds of citizens grouped here and there in all of the hotels and on the street corners discussing the one absorbing question--"The shooting."

At midnight both Mr. Davis and Mr. Brann were alive, with the former resting much easier.

E. P. NORWOOD.

Mr. E. P. Norwood said:

"Just prior to the shooting I had walked up Fourth Street, passing Messrs. Brann and Ward standing in front of Krauss' store, near Bankers' Alley, when I met Hermann Strauss, who insisted that I go back across the alley to Laneri's saloon. As we went back I saw Brann and Ward still standing where they were and at that moment Tom Davis had just come up the sidewalk in front of Laneri's and, leaving Bankers' Alley without crossing it, he went immediately to his office.

"In a moment I saw Brann and Ward go directly to Davis' office. I thought nothing unusual of this, not knowing that any difficulty was liable to occur and went in to Laneri's to take a drink. In a moment or so I heard two or three shots fired, and I immediately ran to the door. When I got where I could see the men I saw Davis on the ground and Brann and Ward standing up firing at him. I am positive that Ward fired one shot, if not two shots; he ceased and Brann continued firing until an officer rushed right into the shooting and caught Brann."

JOHN SLEEPER.

Mr. John Sleeper was an eye-witness and made the following statement:

"I was standing in the Fourth Street entrance to my store and was looking south on Fourth Street, and saw Mr. Brann and Mr. Ward coming up the sidewalk from the alley in front of the Cotton Belt ticket office, and then turned and looked north towards Austin Street. And while looking in that direction I heard three pistol shots almost simultaneously, and turned and looked in the direction from which the pistol shots came, and saw Mr. Tom Davis reeling and falling to the sidewalk and Mr. Brann firing upon him. Mr. Davis fell to the ground almost in a heap and rolled over as many as four times. Mr. Ward handed Mr. Brann a pistol and Brann stepped forward towards Davis and began firing on him as he was rolling upon the sidewalk. Brann and Ward then turned and walked away on Fourth Street towards Austin Street to a point directly opposite my door, where I was standing, when two police officers came across Fourth Street from the direction of the Citizens National Bank, and as they came up to Brann he remarked: 'Gentlemen, I am shot,' but Ward said nothing. I noticed blood flowing from Ward's right hand as if he was wounded in it. I did not see Mr. Davis or Mr. Ward either shoot at any time."

AB VAUGHAN.

Mr. Ab Vaughan, a well-known man about town, says that while crossing Fourth Street from the Cotton Belt ticket office towards the Pacific Hotel, he passed Brann and Ward in the street, on the east side of the street railway track, and that he overheard one of them say to the other, "I wouldn't do it," though which one spoke he was unable to say. He paid no attention to the remark at the time, and stepped into the Pacific Saloon. The next instant he heard the reports of a pistol, followed in rapid succession by a number of other shots.

W. O. BROWN.

Mr. W. O. Brown made the following statement:

"A few minutes before 6 o'clock I was at the Pacific Hotel bar, in company with W. C. Brann. We conversed together for fifteen or twenty minutes, during the course of which Baylor University was discussed as well as the trouble attendant upon his Philippics against it. Before parting, Mr. Brann remarked in rather a sneering way: 'I expect to get killed, but when I am, Baylor will have become a thing of the past,' or words to that effect. We separated, and I walked down Fourth Street to Austin, where I met my wife and a lady friend in our phaeton, and after a moment's conversation with her, entered a buggy with Mr. C. M. Clisbee, and started to the opera house. Just as we turned the corner I heard a pistol shot, perhaps two, and turning my head saw Tom Davis fall to the sidewalk. I jumped from the buggy and ran towards my wife's phaeton, fearing her horse would take fright, but finding my fears groundless hastened to the scene of the shooting, and there found Tom Davis lying on the sidewalk, and assisted in carrying him into French's newsstand. I heard several shots fired after I saw Davis fall, but who fired them I am unable to say."

JUDGE J. W. DAVIS.

Judge John W. Davis said:

"I was standing on Fourth Street just below the Pacific Hotel entrance, talking to a number of gentlemen, among them John W. Marshall. I heard a pistol shot up Fourth Street and turned and saw in front of W. F. Williams & Co.'s office what appeared to be several men in a scuffle. The larger man was falling toward the street. Shots were fired into him as he was falling and continued after he was lying on the sidewalk and was rolling over. The shots were fired in such rapid succession that it seemed impossible for them to have come from one pistol. I did not recognize the participants at first, but thought that the man falling was Tom Davis. After eight or ten shots had been fired I recognized W. C. Brann with a policeman. I could not tell what was the relative position of the party. They all seemed to be in a clump."

J. W. WILLIAMS.

John W. Williams says:

"Just a few moments before the shooting Tom Davis came into our office, that of Williams & Co., and said hello to Tom Sparks, who was talking to me. He then turned and went out. In a moment I heard a click as though a pistol was being cocked and at that time recognized the voice of Davis saying something like "don't talk to me." At the same time I saw the tail of Davis' coat go back as if he was trying to draw his pistol. Rapid shooting followed as if from several pistols. When I reached the door I saw Ward either shoot or push Davis down, his hand being almost or quite against Davis and Davis between me and him. At the same time as the push or shot from Ward I saw Brann fire. And the firing was continued by Brann, Davis at this time struggling on the ground or sidewalk and called out to me that he was murdered. I got his pistol. Brann continued to fire and snapped his pistol several times after Davis was down. The shots were fired very rapidly and as I was looking at and watching Brann so intently I cannot say whether Ward was shooting or not as I was not looking at him."

W. S. GILLESPIE.

Mr. W. S. Gillespie said:

"I was sitting in my office a few minutes prior to the 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 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 effects of his wounds and but little hope was entertained for his recovery. Mr. Davis has wonderful vitality and his great strength may yet pull him through, though there is but the faintest hope that it will. Dr. King is still at his bedside doing all that is possible for him to do.

Later.--At 1.55 o'clock this morning W. C. Brann, the noted editor of Brann's ICONOCLAST, breathed his last. Just before the end came his family and intimate friends were gathered about him. His lungs were filled from the internal hemorrhage and he passed peacefully away.

3 A.M.--At this hour Mr. Tom E. Davis is rapidly sinking and it is thought that the end is near at hand. It may be possible for the wounded man to live as long as two hours; but all hope has fled and the end is watched for which may come at any minute. His physicians say he is dying.

* * * (Editorial)

THE LATE TRAGEDY.

The details of the awful tragedy of Friday evening are yet fresh in the minds of the people of Waco, and it is bootless to recount them. Two of the principals thereto have passed to the beyond and a third is in the hands of the outraged law. And with him let the law deal. In life Captain Davis was our friend. His assailant was our enemy. In death they take on the proportions of common humanity. Upon the bier of one we will lay the myrtle of never-dying remembrance. Over the coffin of the other let the mantle of forgetfulness rest. The Times-Herald makes no war upon the dead.

It is not with the dead we deal to-day, but the living-- the citizenship, the municipality, the people of Waco who must suffer, who must endure, and who must survive the blow that has fallen upon us. Not because two brave men are dead, but because of the stain of blood guiltiness that has again besmirched our fair escutcheon. This tragedy has harmed Waco almost beyond the power of men to help; because it has again been blazoned to the world that here human life is cheapened; that men's passions rule rather than the written law and that our Christian civilization is but the thinnest veneer atop of the savage.

Yet out of this may yet come a blessing to Waco. If it shall teach men to rule their passions and their speech; if it shall show us the way to lean upon the arm of the law rather than upon the might of our own strength; if it shall make us more tolerant of the opinions of our neighbor; if it shall incline us to encourage the public weal, rather than private animosities, the shadow of tragedy may yet pass and the sunlight of humanity prevail.