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."