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.