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."