THE TRUTH ABOUT THE O.K. CORRAL GUNFIGHT
By John D. Rose
“Three Men Hurled into Eternity in the Duration of a Moment.” –Tombstone Epitaph
“The Causes that Led to the Sad Affair.”
The Epitaph gave voice to those who were troubled by the event, empathizing with the view that this was indeed a “Sad Affair,” while at the same time offering the backdrop of recent history that led up to the shooting. The Epitaph and other supporters would view the Earps as responsibly discharging their law enforcement duties. Others would see the lead-up and gunfight as a premeditated provocation for the deliberate killing of enemies. An open debate would ensue, many in Tombstone seeking an answer as to why their streets were the scene of such bloodshed. The differing sides to the controversy became polarized to a degree by opposing newspapers, the Epitaph and the Democratic - leaning Tombstone Daily Nugget. It was quickly known who died as a result of the shootout, but as for who was at fault, that argument was just beginning.
The debate between local rival presses would move beyond the boundaries of Tombstone proper, as the press in other cities would also argue against each other over the matter, often based on political association. The opinions of the Nugget were often echoed by other Democratic-leaning papers while the Epitaph found itself echoed by the Republican-leaning press.
For the Earps to find favor in the court of public opinion, an explanation was clearly warranted. And such an explanation was not without merit. There had been a series of circumstances that had turned both sides of this fight into angry opponents of each other. But by virtue of the fact that there were no fatalities on the Earp side, it would become of paramount importance to their personal reputations to gain support locally.
Those who opposed the Earps’ actions argued that regardless of what had transpired prior to the fight, it still did not warrant the shooting deaths of the McLaury brothers and young Billy Clanton. Rising to the drama of the situation, the Epitaph told its readers, “Stormy as were the early days of Tombstone, nothing ever occurred to equal the event of yesterday. Since the retirement of Ben Sippy as marshal and the appointment of V. W. Earp to fill the vacancy, the town has been noted for its quietness and good order. The fractious and formerly much dreaded cow-boys when they came to town were upon their good behavior, and no unseemly brawls were indulged in, and it was hoped by our citizens that no more such deeds would occur as [those that] led to the killing of Marshal White, one year ago. It seems that this quiet state of affairs was but the calm that precedes the storm that burst in all its fury yesterday, with this difference in results, that the lightning’s bolt struck in a different quarter than the one that fell one year ago. This time it struck with its full and awful force upon those who, heretofore, have made the good name of this country a byword and a reproach, instead of upon some officer in the discharge of his duty [referring to White] or a peaceable and unoffending citizen.”
The Epitaph offered up its defense of the Earps. It was true that many in Tombstone blamed the cowboys for the hard name by which Tombstone had come to be known, but there were many who were shocked by the shootings and questioned the justification of these deaths. The Epitaph’s coverage offered a contrast to the growing fervor against the Earps and Doc Holliday. Although none of the three deceased were responsible for White’s death, the Epitaph was tying them to a larger group of concerns and to those who had brought crime and a bad reputation to the Tombstone District. This troubling sense of lawlessness that plagued the Tombstone District would now be personified to a degree, in the form of Frank and Tom McLaury, and Billy Clanton.
Another of the issues that would arise during the Spicer Hearing, that would also find voice in Judge Spicer’s decision, was the role that Doc Holliday played in antagonizing the situation. Few in Tombstone would enthusiastically refer to Holliday as a “peaceable and unoffending citizen.” The Earps’ friendship with Holliday, and his role in the lead-up to the fight, would remain an Earp liability throughout the proceeding, so much so that Wyatt Earp would explain during the Spicer Hearing how he became friends with Holliday and why he remained friends with him throughout his time in Tombstone.
But posturing aside, the Epitaph did offer valuable detail for those in Tombstone who were unaware of the ongoing troubles between the Earps and the cowboy faction that had been occurring for some time.
The debate between local rival presses would move beyond the boundaries of Tombstone proper, as the press in other cities would also argue against each other over the matter, often based on political association. The opinions of the Nugget were often echoed by other Democratic-leaning papers while the Epitaph found itself echoed by the Republican-leaning press.
For the Earps to find favor in the court of public opinion, an explanation was clearly warranted. And such an explanation was not without merit. There had been a series of circumstances that had turned both sides of this fight into angry opponents of each other. But by virtue of the fact that there were no fatalities on the Earp side, it would become of paramount importance to their personal reputations to gain support locally.
Those who opposed the Earps’ actions argued that regardless of what had transpired prior to the fight, it still did not warrant the shooting deaths of the McLaury brothers and young Billy Clanton. Rising to the drama of the situation, the Epitaph told its readers, “Stormy as were the early days of Tombstone, nothing ever occurred to equal the event of yesterday. Since the retirement of Ben Sippy as marshal and the appointment of V. W. Earp to fill the vacancy, the town has been noted for its quietness and good order. The fractious and formerly much dreaded cow-boys when they came to town were upon their good behavior, and no unseemly brawls were indulged in, and it was hoped by our citizens that no more such deeds would occur as [those that] led to the killing of Marshal White, one year ago. It seems that this quiet state of affairs was but the calm that precedes the storm that burst in all its fury yesterday, with this difference in results, that the lightning’s bolt struck in a different quarter than the one that fell one year ago. This time it struck with its full and awful force upon those who, heretofore, have made the good name of this country a byword and a reproach, instead of upon some officer in the discharge of his duty [referring to White] or a peaceable and unoffending citizen.”
The Epitaph offered up its defense of the Earps. It was true that many in Tombstone blamed the cowboys for the hard name by which Tombstone had come to be known, but there were many who were shocked by the shootings and questioned the justification of these deaths. The Epitaph’s coverage offered a contrast to the growing fervor against the Earps and Doc Holliday. Although none of the three deceased were responsible for White’s death, the Epitaph was tying them to a larger group of concerns and to those who had brought crime and a bad reputation to the Tombstone District. This troubling sense of lawlessness that plagued the Tombstone District would now be personified to a degree, in the form of Frank and Tom McLaury, and Billy Clanton.
Another of the issues that would arise during the Spicer Hearing, that would also find voice in Judge Spicer’s decision, was the role that Doc Holliday played in antagonizing the situation. Few in Tombstone would enthusiastically refer to Holliday as a “peaceable and unoffending citizen.” The Earps’ friendship with Holliday, and his role in the lead-up to the fight, would remain an Earp liability throughout the proceeding, so much so that Wyatt Earp would explain during the Spicer Hearing how he became friends with Holliday and why he remained friends with him throughout his time in Tombstone.
But posturing aside, the Epitaph did offer valuable detail for those in Tombstone who were unaware of the ongoing troubles between the Earps and the cowboy faction that had been occurring for some time.
“THE PROXIMATE CAUSE”
Offering details that preceded the shooting, the Epitaph told its readers, “Since the arrest of Stilwell and Spence, for the robbery of the Bisbee stage, there have been oft repeated threats conveyed to the Earp brothers – Virgil, Morgan and Wyatt – that the friends of the accused, or in other words the cow-boys, would get even with them for the part they had taken in the pursuit and arrest of Stilwell and Spence. The active part the Earps have always taken in going after stage robbers, beginning with the one last spring where Bud Philpot lost his life, and the more recent one near Contention, has made them exceedingly obnoxious with the bad element of the country, and put their lives in jeopardy every month.”
Moving to more recent history, the Epitaph sought to minimize the impact of the Holliday/Clanton confrontation in the Alhambra, referring to it as “some little talk.” As the Epitaph told its readers, “Some time Tuesday Ike Clanton came into town, and during the evening had some little talk with Doc Holliday and Marshal Earp, but nothing that caused either to suspect, further than their general knowledge of the man and the threats that had previously been conveyed to the Marshal that the gang intended to clean out the Earps, that he was thirsting for blood at this time, with one exception, and that was that Clanton had told the Marshal, in answer to a question, that the McLowrys were in Sonora.”
The Epitaph continued, “Shortly after this occurred some one came to the Marshal and told him the McLowrys had been seen a short time before, just below town. Marshal Earp, not knowing what might happen and feeling his responsibility for the preservation of the peace and order of the city, staid on duty all night and added to the police force his brother Morgan and Holliday. The night passed without any disturbance whatever, and at sunrise he went home and retired to rest and sleep. A short time afterward one of his brothers came to his house and told him that Clanton was hunting him, with threats of shooting him on sight. He discredited the report and did not get out of bed. It was not long before another of his brothers came down and told him the same thing, whereupon he got up, dressed and went with his brother Morgan up town. They walked up Allen street to Fifth, crossed over to Fremont and down to Fourth, where, upon turning up Fourth toward Allen, they came upon Clanton, with a Winchester rifle in his hand and a revolver on his hip. The Marshal walked up to him, grabbed the rifle and hit him a blow at the same time on the head, stunning him so that he was able to disarm him without further trouble. He marched Clanton off to the police court, where he entered a complaint against him for carrying deadly weapons, and the court fined Clanton $25 and costs, making $27.50 altogether. This occurrence must have been about 1 o’clock in the afternoon.” When stating that Virgil Earp “staid on duty all night,” John Clum’s Epitaph continued to present the Earps to their readers in the best possible light, portraying as dedication Virgil’s all-night vigil, albeit at a poker game.
Moving to more recent history, the Epitaph sought to minimize the impact of the Holliday/Clanton confrontation in the Alhambra, referring to it as “some little talk.” As the Epitaph told its readers, “Some time Tuesday Ike Clanton came into town, and during the evening had some little talk with Doc Holliday and Marshal Earp, but nothing that caused either to suspect, further than their general knowledge of the man and the threats that had previously been conveyed to the Marshal that the gang intended to clean out the Earps, that he was thirsting for blood at this time, with one exception, and that was that Clanton had told the Marshal, in answer to a question, that the McLowrys were in Sonora.”
The Epitaph continued, “Shortly after this occurred some one came to the Marshal and told him the McLowrys had been seen a short time before, just below town. Marshal Earp, not knowing what might happen and feeling his responsibility for the preservation of the peace and order of the city, staid on duty all night and added to the police force his brother Morgan and Holliday. The night passed without any disturbance whatever, and at sunrise he went home and retired to rest and sleep. A short time afterward one of his brothers came to his house and told him that Clanton was hunting him, with threats of shooting him on sight. He discredited the report and did not get out of bed. It was not long before another of his brothers came down and told him the same thing, whereupon he got up, dressed and went with his brother Morgan up town. They walked up Allen street to Fifth, crossed over to Fremont and down to Fourth, where, upon turning up Fourth toward Allen, they came upon Clanton, with a Winchester rifle in his hand and a revolver on his hip. The Marshal walked up to him, grabbed the rifle and hit him a blow at the same time on the head, stunning him so that he was able to disarm him without further trouble. He marched Clanton off to the police court, where he entered a complaint against him for carrying deadly weapons, and the court fined Clanton $25 and costs, making $27.50 altogether. This occurrence must have been about 1 o’clock in the afternoon.” When stating that Virgil Earp “staid on duty all night,” John Clum’s Epitaph continued to present the Earps to their readers in the best possible light, portraying as dedication Virgil’s all-night vigil, albeit at a poker game.
“THE AFTER-OCCURRENCE.
“Close upon the heels of this came the finale, which is best told in the words of R. F. Coleman, who was an eye-witness from the beginning to the end. Mr. Coleman says: I was in the O. K. Corral at 2:30 p.m., when I saw the two Clanton’s (Ike and Bill), and the two McLowry boys (Frank and Tom), in earnest conversation across the street, in Dunbar’s corral. I went up the street and notified Sheriff Behan, and told him it was my opinion that they meant trouble, and that it was his duty, as Sheriff, to go and disarm them; I told him they had gone to the West End Corral. I then went and saw Marshal Virgil Earp, and notified him to the same effect. I then met Billy Allen, and we walked through the O.K. Corral, about fifty yards behind the Sheriff. On reaching Fremont street I saw Virgil Earp, Wyatt Earp, Morgan Earp and Doc Holliday, in the center of the street, all armed. I had reached Bauer’s meat market: Johnny Behan had just left the cow-boys, after having a conversation with them. I went along to Fly’s photograph gallery, when I heard Virg. Earp say, ‘Give up your arms, or throw up your arms.’ There was some reply made by Frank McLowry, but at the same moment there were two shots fired simultaneously by Doc Holliday and Frank McLowry, when the firing became general, over thirty shots being fired. Tom McLowry fell first, but raised and fired again before he died. Bill Clanton fell next, and raised to fire again when Mr. Fly took his revolver from him. Frank McLowry ran a few rods and fell. Morgan Earp was shot through and fell. Doc Holliday was hit in the left hip, but kept on firing. Virgil Earp was hit in the third or fourth fire in the leg, which staggered him, but he kept up his effective work. Wyatt Earp stood up and fired in rapid succession as cool as a cucumber, and was not hit. Doc Holliday was as calm as if at target practice, and fired rapidly. After the firing was over Sheriff Behan went up to Wyatt Earp and said, ‘I’ll have to arrest you.’ Wyatt replied, ‘I won’t be arrested to-day; I am right here and am not going away. You have deceived me; you told me those men were disarmed; I went to disarm them.’
“This ends Mr. Coleman’s story, which in its most essential particulars has been confirmed by others. Marshal Earp says that he and his party met the Clantons and McLowrys in the alley way by the McDonald place; he called to them to throw up their hands, that he had come to disarm them. “Instantaneously Bill Clanton and one of the McLowrys fired, and then it became general. Mr. Earp [meaning Virgil] says that it was the first shot from Frank McLowry that hit him. In other particulars his statement does not materially differ from the statement above given. Ike Clanton was not armed and ran across to Allen street and took refuge in the dance house there. The two McLowrys and Bill Clanton all died within a few minutes after being shot. The Marshal was shot through the calf of the right leg, the ball going clear through. His brother Morgan was shot through the shoulders, the ball entering the point of the right shoulder blade, following across the back, shattering off a piece of one of the vertebrae and passing out [of ] the left shoulder in about the same position that it entered the right. This wound is dangerous but not necessarily fatal, and Virgil’s is far more painful than dangerous. Doc Holliday was hit upon the scabbard of his pistol, the leather breaking the force of the ball, so that no material damage was done other than to make him limp a little in his walk.”
“This ends Mr. Coleman’s story, which in its most essential particulars has been confirmed by others. Marshal Earp says that he and his party met the Clantons and McLowrys in the alley way by the McDonald place; he called to them to throw up their hands, that he had come to disarm them. “Instantaneously Bill Clanton and one of the McLowrys fired, and then it became general. Mr. Earp [meaning Virgil] says that it was the first shot from Frank McLowry that hit him. In other particulars his statement does not materially differ from the statement above given. Ike Clanton was not armed and ran across to Allen street and took refuge in the dance house there. The two McLowrys and Bill Clanton all died within a few minutes after being shot. The Marshal was shot through the calf of the right leg, the ball going clear through. His brother Morgan was shot through the shoulders, the ball entering the point of the right shoulder blade, following across the back, shattering off a piece of one of the vertebrae and passing out [of ] the left shoulder in about the same position that it entered the right. This wound is dangerous but not necessarily fatal, and Virgil’s is far more painful than dangerous. Doc Holliday was hit upon the scabbard of his pistol, the leather breaking the force of the ball, so that no material damage was done other than to make him limp a little in his walk.”
The machinery of dealing with the deaths was now in motion. “Dr. Mathews impaneled a coroner’s jury, who went and viewed the bodies as they lay in the cabin in the rear of Dunbar’s livery stables on Fifth street, and then adjourned until 10 o’clock this morning.”
Though it was already common knowledge who shot the deceased, Dr. Mathews presided over the coroner’s jury to determine an official report. The gunfight aftermath would also prompt a group of organized citizenry, founded to keep civil order in just such a situation, to spring into action. Growing uneasiness in the Tombstone District had motivated the formation of a group known as the Citizens’ Safety Committee. They had their first meeting in the wake of the Schneider shooting at Charleston in January of 1881, which was quickly followed by an angry Tombstone mob demanding a quick lynching of the shooter, Michael Rourke, aka, Johnny Behind the Deuce. In order to respond to such an outbreak of violence, this group had a prearranged signal that would bring their numbers onto the street in case of civil unrest.
Though it was already common knowledge who shot the deceased, Dr. Mathews presided over the coroner’s jury to determine an official report. The gunfight aftermath would also prompt a group of organized citizenry, founded to keep civil order in just such a situation, to spring into action. Growing uneasiness in the Tombstone District had motivated the formation of a group known as the Citizens’ Safety Committee. They had their first meeting in the wake of the Schneider shooting at Charleston in January of 1881, which was quickly followed by an angry Tombstone mob demanding a quick lynching of the shooter, Michael Rourke, aka, Johnny Behind the Deuce. In order to respond to such an outbreak of violence, this group had a prearranged signal that would bring their numbers onto the street in case of civil unrest.
“THE ALARM GIVEN.
“The moment that word of the shooting reached the Vizina and Tough Nut mines the whistles blew a shrill signal, and the miners came to the surface, armed themselves, and poured into town like an invading army. A few moments served to bring out all of the better portions of the citizens, thoroughly armed and ready for any emergency. Precautions were immediately taken to preserve law and order, even if they had to fight for it. A guard of ten men were stationed around the county jail, and extra policemen put on for the night.”
John Clum recalled the vivid sight. “All members of this committee were properly armed and pledged to assemble on call in front of my office in the Epitaph Building on Fremont Street. The Vizina Hoisting Works was located within the city, and a certain signal from the Vizina whistle was agreed upon as an emergency call for this committee to report for duty.
“A detachment of this Citizens Safety Committee, fully armed and marching in a ‘column of twos,’ reported to me in front of the Epitaph office within 10 minutes after the fight on October 26th. The fight occurred on Fremont Street less than 100 yards from the Epitaph Building.” For all the drama of the moment, a humorous and enduring image remained with him nearly 50 years later.
“I distinctly remember the first ‘set of twos’ was made up of Col. William Herring, attorney at law, and Milton Clapp, cashier of the local bank. Col. Herring was tall and portly, with an imposing personal dignity, while Milton Clapp was short and lean and wore large spectacles. The striking contrast in stature and bearing between these two leaders of the ‘column’ registered an indelible picture…That still intrudes as a flash of comedy in an exceedingly grave situation.
“It was in view of the foregoing facts and circumstances that I sustained the action of the city police in the street battle of October 26, 1881, both as mayor of the city and as editor of the Epitaph.” Clum remained strong in his support of the Earps in this 1929 article, just as his Epitaph had been in 1881. The Epitaph continued its report, citing its view of public opinion.
John Clum recalled the vivid sight. “All members of this committee were properly armed and pledged to assemble on call in front of my office in the Epitaph Building on Fremont Street. The Vizina Hoisting Works was located within the city, and a certain signal from the Vizina whistle was agreed upon as an emergency call for this committee to report for duty.
“A detachment of this Citizens Safety Committee, fully armed and marching in a ‘column of twos,’ reported to me in front of the Epitaph office within 10 minutes after the fight on October 26th. The fight occurred on Fremont Street less than 100 yards from the Epitaph Building.” For all the drama of the moment, a humorous and enduring image remained with him nearly 50 years later.
“I distinctly remember the first ‘set of twos’ was made up of Col. William Herring, attorney at law, and Milton Clapp, cashier of the local bank. Col. Herring was tall and portly, with an imposing personal dignity, while Milton Clapp was short and lean and wore large spectacles. The striking contrast in stature and bearing between these two leaders of the ‘column’ registered an indelible picture…That still intrudes as a flash of comedy in an exceedingly grave situation.
“It was in view of the foregoing facts and circumstances that I sustained the action of the city police in the street battle of October 26, 1881, both as mayor of the city and as editor of the Epitaph.” Clum remained strong in his support of the Earps in this 1929 article, just as his Epitaph had been in 1881. The Epitaph continued its report, citing its view of public opinion.
“THE EARP BROTHERS JUSTIFIED.
“The feeling among the best class of our citizens is that the Marshal was entirely justifiable in his efforts to disarm these men, and that being fired upon they had to defend themselves, which they did most bravely. So long as our peace officers make an effort to preserve the peace and put down highway robbery – which the Earp brothers have done, having engaged in the pursuit and capture, where captures have been made, of every gang of stage robbers in the county – they will have the support of all good citizens. If the present lesson is not sufficient to teach the cow boy element that they cannot come into the streets of Tombstone in broad daylight, armed with six-shooters and Henry rifles, to hunt down their victims, then the citizens will most assuredly take such steps to preserve the peace as will be forever a bar to further raids.”
Thus the Epitaph had offered its opening salvo in the heated debate which was just beginning. As friends and supporters of the deceased formed the largest funeral procession that Tombstone had ever seen, the contest between vindication of the Earps and the criticism of them for these shooting deaths was clearly on.
Testimony during the Spicer Hearing would at times support, at times contradict, and in other cases further illuminate many of the Epitaph’s key points. According to the Epitaph account, Virgil Earp stated that the first two shots came from the cowboy side, though R.F. Coleman stated his belief that one of the two shots had come from Doc Holliday. Judge Spicer in his decision referred to the Earps as having given the first shots, offering a defense for their actions, arguing that he could not “resist the firm conviction that the Earps acted wisely, discreetly and prudentially, to secure their own self-preservation. They saw at once the dire necessity of giving the first shots, to save themselves from certain death! They acted. Their shots were effective, and this alone saved the Earp party from being slain.”
Thus the Epitaph had offered its opening salvo in the heated debate which was just beginning. As friends and supporters of the deceased formed the largest funeral procession that Tombstone had ever seen, the contest between vindication of the Earps and the criticism of them for these shooting deaths was clearly on.
Testimony during the Spicer Hearing would at times support, at times contradict, and in other cases further illuminate many of the Epitaph’s key points. According to the Epitaph account, Virgil Earp stated that the first two shots came from the cowboy side, though R.F. Coleman stated his belief that one of the two shots had come from Doc Holliday. Judge Spicer in his decision referred to the Earps as having given the first shots, offering a defense for their actions, arguing that he could not “resist the firm conviction that the Earps acted wisely, discreetly and prudentially, to secure their own self-preservation. They saw at once the dire necessity of giving the first shots, to save themselves from certain death! They acted. Their shots were effective, and this alone saved the Earp party from being slain.”
THE REASONING OF JUDGE SPICER AND THE TOMBSTONE EPITAPH
And the beginning of a movement to conflate the activities of the McLaury brothers with the much hated stage robbers was also underway. It was a conscious decision made in the Epitaph’s article to point out the involvement of the Earp brothers in the pursuit and capture of stage robbers. Few could argue in favor of these “knights of the road,’ the murders they committed, and the financial losses that they caused. At the same time though, the McLaury brothers were not among the group that murdered Bud Philpot during a botched robbery attempt that shocked the area and was mentioned during the Spicer Hearing.
It was true that the McLaury brothers had been accused by Lt. Hurst of involvement in the concealment of the stolen government mules, and Frank McLaury didn’t enhance his reputation when he accused Hurst of stealing the very mules that he was tasked with recovering. It is also true that Billy Breakenridge warned Frank McLaury that his association with the likes of Curly Bill Brocius would harm his reputation. But even that did not offer any proof or indication that Frank and Tom McLaury were part of robbing stages in the area. Although the Epitaph did not directly accuse the deceased of such crimes, the implication was clear that they were of the same ilk. Concerning a stolen horse, Breakenridge recalled telling Frank McLaury, “You are posing here as honest ranchmen. It is well known that you are harboring rustlers and outlaws and dealing in stolen cattle, and you dare not let me go back without the horse. You are under suspicion, and if I go back without the horse and tell that you would not give it up, you will have to quit ranching here and join the rest of the rustlers.’” Breakenridge went on to say that Frank McLaury assisted in retrieving the stolen horse.
If the Earp defense wished to make the deceased brothers appear menacing, this was made easier when the McLaurys themselves took offense at the Earps’ involvement in the arrest of Stilwell and Spence. That they chose to threaten the Earps over the matter made them appear more sympathetic to the lawlessness in the area in general. This could only benefit the Earps as they hoped for a quick release from the charges against them. The reverence which the living show to the memory of those who have died would be skillfully counterbalanced as Tom Fitch and the Earps presented a view of the McLaury brothers and Billy Clanton that might improve the outcome of their case.
Judge Spicer echoed some of the same opinions in the very decision that would release the Earps from his hearing. Spicer referred to “…the conditions of affairs incident to a frontier country; the lawlessness and disregard for human life; the existence of a law-defying element in [our] midst; the fear and feeling of insecurity that has existed; the supposed prevalence of bad, desperate and reckless men who have been a terror to the country and kept away capital and enterprise…”
Spicer was indeed correct that Tombstone from its earliest days had suffered from intermittent shootings and stabbings and crimes of all sorts, gaining a hard reputation locally and nationally. But this argument, perhaps intended to allay the gravity of the incident, offered no proof that the deceased had caused the “terror” to which he referred. His statement indicated that the presence of such individuals was impeding the progress of the territory. But was it convincing that the deceased could be viewed as acceptable collateral damage because they were known to associate with the undesirable element?
Many in Tombstone would soon find themselves strongly opinionated on one side or the other. Those who saw the deceased as part of a wider criminal network were less likely to oppose the actions of the Earps in the matter, and the fact that the Earps had police powers at the time of the incident was key to their defense.
It was true that the McLaury brothers had been accused by Lt. Hurst of involvement in the concealment of the stolen government mules, and Frank McLaury didn’t enhance his reputation when he accused Hurst of stealing the very mules that he was tasked with recovering. It is also true that Billy Breakenridge warned Frank McLaury that his association with the likes of Curly Bill Brocius would harm his reputation. But even that did not offer any proof or indication that Frank and Tom McLaury were part of robbing stages in the area. Although the Epitaph did not directly accuse the deceased of such crimes, the implication was clear that they were of the same ilk. Concerning a stolen horse, Breakenridge recalled telling Frank McLaury, “You are posing here as honest ranchmen. It is well known that you are harboring rustlers and outlaws and dealing in stolen cattle, and you dare not let me go back without the horse. You are under suspicion, and if I go back without the horse and tell that you would not give it up, you will have to quit ranching here and join the rest of the rustlers.’” Breakenridge went on to say that Frank McLaury assisted in retrieving the stolen horse.
If the Earp defense wished to make the deceased brothers appear menacing, this was made easier when the McLaurys themselves took offense at the Earps’ involvement in the arrest of Stilwell and Spence. That they chose to threaten the Earps over the matter made them appear more sympathetic to the lawlessness in the area in general. This could only benefit the Earps as they hoped for a quick release from the charges against them. The reverence which the living show to the memory of those who have died would be skillfully counterbalanced as Tom Fitch and the Earps presented a view of the McLaury brothers and Billy Clanton that might improve the outcome of their case.
Judge Spicer echoed some of the same opinions in the very decision that would release the Earps from his hearing. Spicer referred to “…the conditions of affairs incident to a frontier country; the lawlessness and disregard for human life; the existence of a law-defying element in [our] midst; the fear and feeling of insecurity that has existed; the supposed prevalence of bad, desperate and reckless men who have been a terror to the country and kept away capital and enterprise…”
Spicer was indeed correct that Tombstone from its earliest days had suffered from intermittent shootings and stabbings and crimes of all sorts, gaining a hard reputation locally and nationally. But this argument, perhaps intended to allay the gravity of the incident, offered no proof that the deceased had caused the “terror” to which he referred. His statement indicated that the presence of such individuals was impeding the progress of the territory. But was it convincing that the deceased could be viewed as acceptable collateral damage because they were known to associate with the undesirable element?
Many in Tombstone would soon find themselves strongly opinionated on one side or the other. Those who saw the deceased as part of a wider criminal network were less likely to oppose the actions of the Earps in the matter, and the fact that the Earps had police powers at the time of the incident was key to their defense.
GEORGE PARSONS REGARDING THE EVENT
For all the history that Tombstone diarist George Parsons witnessed and chronicled, he was out of town on the day of the gunfight. But upon his return Parsons quickly learned of the event as Tombstone’s streets were in a pitched fever over what had just taken place. Parsons knew well enough that trouble had been brewing between the participants of the fight, and was not surprised at its occurrence.
“Much excitement in town and people apprehensive and scary. A bad time yesterday when Wyatt, Virgil and Morgan Earp, with Doc Holliday, had a street fight [with] the two McLaurys and Bill Clanton and Ike, all but the latter being killed, and W[yatt] and M[organ] wounded.” Although Wyatt was not wounded, Parsons summed the encounter succinctly calling them “Desperate men in a desperate encounter. Bad blood has been brewing some time and I was not surprised at the outbreak. It is only a wonder it has not happened before. A raid is feared upon the town by the cowboys and measures have been taken to protect life and property.”
Parsons had been traveling about in the mountains and upon returning to Tombstone, he quickly perceived that his unkempt appearance brought him more notice than it normally would have. “My cowboy appearance and attire was not in keeping with the excited mind. Loud talking, or talking in groups, was thought out of place. Had to laugh at some of the nervousness. It has been a bad scare and the worst is not yet over some think.”
“Much excitement in town and people apprehensive and scary. A bad time yesterday when Wyatt, Virgil and Morgan Earp, with Doc Holliday, had a street fight [with] the two McLaurys and Bill Clanton and Ike, all but the latter being killed, and W[yatt] and M[organ] wounded.” Although Wyatt was not wounded, Parsons summed the encounter succinctly calling them “Desperate men in a desperate encounter. Bad blood has been brewing some time and I was not surprised at the outbreak. It is only a wonder it has not happened before. A raid is feared upon the town by the cowboys and measures have been taken to protect life and property.”
Parsons had been traveling about in the mountains and upon returning to Tombstone, he quickly perceived that his unkempt appearance brought him more notice than it normally would have. “My cowboy appearance and attire was not in keeping with the excited mind. Loud talking, or talking in groups, was thought out of place. Had to laugh at some of the nervousness. It has been a bad scare and the worst is not yet over some think.”
THE NUGGET WEIGHS IN
The Nugget’s first report of the event is remembered for its effort to be fair, and would be backed up by some of the testimony in the hearing to come. Journalist Richard Rule worked at the Tombstone Nugget at the time of the gunfight. But once Rule’s superior at the Nugget, Harry Woods, returned to Tombstone, the Nugget would take on a much more partisan tone regarding the matter, and an escalating war of words between rival publications would ensue.
The Nugget told its readers, “The 26th of October will always be marked as one of the crimson days in the annals of Tombstone, a day when blood flowed as water, and human life was held as a shuttlecock, a day always to be remembered as witnessing the bloodiest and deadliest street fight that has ever occurred in this place, or probably in the territory.”
The Nugget offered its readers a far more accurate assessment of the row between Doc Holliday and Ike Clanton in the Alhambra the night before. Whereas the Epitaph downplayed the argument, the Nugget correctly pointed out that “Hard words passed between them…the feeling between the two men was that of intense hatred.”
The Nugget told its readers, “The 26th of October will always be marked as one of the crimson days in the annals of Tombstone, a day when blood flowed as water, and human life was held as a shuttlecock, a day always to be remembered as witnessing the bloodiest and deadliest street fight that has ever occurred in this place, or probably in the territory.”
The Nugget offered its readers a far more accurate assessment of the row between Doc Holliday and Ike Clanton in the Alhambra the night before. Whereas the Epitaph downplayed the argument, the Nugget correctly pointed out that “Hard words passed between them…the feeling between the two men was that of intense hatred.”
TOMBSTONE NUGGET, OCTOBER 27, 1881
“THE ORIGIN OF THE TROUBLE
“Dates back to the first arrest of Stilwell and Spencer for the robbery of the Bisbee stage. The co-operation of the Earps with the Sheriff and his deputies in the arrest causing a number of the cowboys to, it is said, threaten the hves [lives] of all interested in the capture. Still, nothing occurred to indicate that any such threats would be carried into execution. But Tuesday night Ike Clanton and Doc Holliday had some difficulty in the Alhambra saloon. Hard words passed between them, and when they parted it was generally understood that the feeling between the two men was that of intense hatred. Yesterday morning Clanton came on the street armed with a rifle and revolver, but was almost immediately arrested by Marshal Earp, disarmed and fined by Justice Wallace for carrying concealed weapons. While in the Court room Wyatt Earp told him that as he had made threats against his life he wanted him to make his fight, to say how, when and where he would fight, and to get his crowd, and he (Wyatt) would be on hand. In reply Clanton said:
“FOUR FEET OF GROUND
“Is enough for me to fight on, and I’ll be there. A short time after this William Clanton and Frank McLowery came into town, and as Thomas McLowery was already here the feeling soon became general that a fight would come before the day was over and crowds of expectant men stood on the corner of Allen and Fourth streets awaiting the coming conflict.”
“It was now about two o’clock, and at this time Sheriff Behan appeared on the scene and told Marshal Earp that if he disarmed his posse, composed of Morgan and Wyatt Earp, and Doc Holliday, he would go down to the O.K. Corral, where Ike and [William H., aka, “Billy”]…Clanton and Frank and Tom McLowry were and disarm them. The Marshal did not desire to do this until assured that there was no danger of an attack from the other party. The Sheriff went down to the corral and told the cowboys that they must put their arms away and not have any trouble. Ike Clanton and Tom McLowry said they were not armed, and Frank McLowry said he would not lay his aside. In the meantime the Marshal had concluded to go and, if possible, end the matter by disarming them, and as he and his posse came down Fremont street towards the corral, the Sheriff stepped out and said:
“It was now about two o’clock, and at this time Sheriff Behan appeared on the scene and told Marshal Earp that if he disarmed his posse, composed of Morgan and Wyatt Earp, and Doc Holliday, he would go down to the O.K. Corral, where Ike and [William H., aka, “Billy”]…Clanton and Frank and Tom McLowry were and disarm them. The Marshal did not desire to do this until assured that there was no danger of an attack from the other party. The Sheriff went down to the corral and told the cowboys that they must put their arms away and not have any trouble. Ike Clanton and Tom McLowry said they were not armed, and Frank McLowry said he would not lay his aside. In the meantime the Marshal had concluded to go and, if possible, end the matter by disarming them, and as he and his posse came down Fremont street towards the corral, the Sheriff stepped out and said:
“HOLD UP BOYS.
“Don’t go down there or there will be trouble. I have been down there to disarm them.’ But they passed on, and when within a few feet of them the Marshal said to the Clantons and McLowrys: ‘Throw up your hands, boys, I intend to disarm you.’”
As Frank McLaury saw the Earps and Holliday before him, he was faced with not only a well-armed group of determined men, but also a decision. Sheriff Behan had ordered Frank to give up his gun, and he was put under arrest. But Frank rejected Behan’s authority as Cochise County Sheriff by refusing to be disarmed and placed under arrest. The fact that Wyatt had struck his brother Tom may have influenced Frank’s deliberations at this critical moment.
Behan recalled that he “came down to the corner of Fourth and Fremont. There I met Frank McLaury standing in the street holding a horse. I told him I wanted him to give up his arms. He said he would not, without those other people being disarmed. I suppose he meant the crowd; Holliday, Earp and others. He said he had done nothing and did not want to make any fight. I looked down Fremont Street and saw the Clanton brothers and Tom McLaury and I say to Frank, ‘Come with me,’ and we went down to where the boys were standing…I said to them, ‘I want you to go up to the Sheriff’s Office and lay off your arms.’ Frank McLaury rather demurred from going up, and gave as his reason that he wanted the other party, the Earp party, disarmed as well.” This placed Behan in an untenable position. Frank was demanding that he disarm Tombstone’s City Marshal (Virgil was also a U.S. Deputy Marshal), and his chosen deputies. The jurisdictional issues alone complicated the matter, and the Earps understandably did not agree to this.
Had Frank and Billy Clanton allowed themselves to be disarmed under the authority of Sheriff Behan, the entire momentum that was leading to the shooting would have been disrupted. (Whether or not Tom McLaury was armed is still debated today.) Of those present in the Earp faction during the shootout, Doc Holliday had a proven short temper, and was known for his angry use of his pistol. But even with his explosion of anger at Ike Clanton the night before in the Alhambra Saloon, Holliday did not shoot at Ike, as Ike was unarmed at the time. Even Doc Holliday knew full well that shooting an unarmed man was an indefensible crime for which he would surely be punished. And in the context of the gunfight as it was unfolding, Wyatt Earp did not fire at an unarmed Ike Clanton as he ran toward him, foregoing the easiest shot of the day. Just as Wyatt Earp and Doc Holliday knew not to shoot at an unarmed man, Frank McLaury had to have known of the same code of conduct.
As Frank McLaury saw the Earps and Holliday before him, he was faced with not only a well-armed group of determined men, but also a decision. Sheriff Behan had ordered Frank to give up his gun, and he was put under arrest. But Frank rejected Behan’s authority as Cochise County Sheriff by refusing to be disarmed and placed under arrest. The fact that Wyatt had struck his brother Tom may have influenced Frank’s deliberations at this critical moment.
Behan recalled that he “came down to the corner of Fourth and Fremont. There I met Frank McLaury standing in the street holding a horse. I told him I wanted him to give up his arms. He said he would not, without those other people being disarmed. I suppose he meant the crowd; Holliday, Earp and others. He said he had done nothing and did not want to make any fight. I looked down Fremont Street and saw the Clanton brothers and Tom McLaury and I say to Frank, ‘Come with me,’ and we went down to where the boys were standing…I said to them, ‘I want you to go up to the Sheriff’s Office and lay off your arms.’ Frank McLaury rather demurred from going up, and gave as his reason that he wanted the other party, the Earp party, disarmed as well.” This placed Behan in an untenable position. Frank was demanding that he disarm Tombstone’s City Marshal (Virgil was also a U.S. Deputy Marshal), and his chosen deputies. The jurisdictional issues alone complicated the matter, and the Earps understandably did not agree to this.
Had Frank and Billy Clanton allowed themselves to be disarmed under the authority of Sheriff Behan, the entire momentum that was leading to the shooting would have been disrupted. (Whether or not Tom McLaury was armed is still debated today.) Of those present in the Earp faction during the shootout, Doc Holliday had a proven short temper, and was known for his angry use of his pistol. But even with his explosion of anger at Ike Clanton the night before in the Alhambra Saloon, Holliday did not shoot at Ike, as Ike was unarmed at the time. Even Doc Holliday knew full well that shooting an unarmed man was an indefensible crime for which he would surely be punished. And in the context of the gunfight as it was unfolding, Wyatt Earp did not fire at an unarmed Ike Clanton as he ran toward him, foregoing the easiest shot of the day. Just as Wyatt Earp and Doc Holliday knew not to shoot at an unarmed man, Frank McLaury had to have known of the same code of conduct.
While Sheriff Behan remained unsuccessful in disarming the cowboys, City Marshal Virgil Earp decided that it was time that he and his brothers and Holliday handle the matter. Precious moments had been lost as Frank defied Behan’s authority. The Earps had already left Hafford’s corner, at Allen and Fourth, traveling north on Fourth Street, then turning west on Fremont street.
As they traveled Fremont Street, they soon encountered Behan as he urged them not to continue on. As the Earp party reached the cowboys, Virgil demanded they give up their arms. And for the second time that day, Frank refused to surrender his gun. Refusing Behan’s and Earp’s order was a critical error on his part. One can speculate how matters might have unfolded had Wyatt Earp not struck Tom McLaury on the head in the hours that preceded the fight. Franks’ next action was one of initial defiance. A careful reading of the Nugget notes that Frank was first to reach for his gun. This was all the provocation that Wyatt Earp needed to reach for his, and he was able to fire on McLaury first.
The Nugget continued. “As he [Virgil Earp] spoke Frank McLowry made a motion to draw his revolver, when Wyatt Earp pulled his and shot him, the ball striking on the right side of his abdomen. About the same time Doc Holliday shot Tom McLowry in the right side, using a short shotgun, such as is carried by Wells, Fargo and Co,’s messengers. In the meantime Billy Clanton had shot at Morgan Earp, the ball passing through the point of the left shoulder blade across his back, just grazing the backbone and coming out at the shoulder, the ball remaining inside of his shirt. He fell to the ground, but in an instant gathered himself, and raising in a sitting position fired at Frank McLowry as he crossed Fremont street, and at the same instant Doc Holliday shot at him, both balls taking effect, either of which would have proved fatal, as one struck him in the right temple and the other in the left breast.
“As he started across the street, however, he pulled his gun down on Holliday saying, ‘I’ve got you now.’ ‘Blaze away! You’re a daisy if you have,’ replied Doc. This shot of McLowry’s passed through Holliday’s pistol pocket, just grazing the skin. While this was going on
As they traveled Fremont Street, they soon encountered Behan as he urged them not to continue on. As the Earp party reached the cowboys, Virgil demanded they give up their arms. And for the second time that day, Frank refused to surrender his gun. Refusing Behan’s and Earp’s order was a critical error on his part. One can speculate how matters might have unfolded had Wyatt Earp not struck Tom McLaury on the head in the hours that preceded the fight. Franks’ next action was one of initial defiance. A careful reading of the Nugget notes that Frank was first to reach for his gun. This was all the provocation that Wyatt Earp needed to reach for his, and he was able to fire on McLaury first.
The Nugget continued. “As he [Virgil Earp] spoke Frank McLowry made a motion to draw his revolver, when Wyatt Earp pulled his and shot him, the ball striking on the right side of his abdomen. About the same time Doc Holliday shot Tom McLowry in the right side, using a short shotgun, such as is carried by Wells, Fargo and Co,’s messengers. In the meantime Billy Clanton had shot at Morgan Earp, the ball passing through the point of the left shoulder blade across his back, just grazing the backbone and coming out at the shoulder, the ball remaining inside of his shirt. He fell to the ground, but in an instant gathered himself, and raising in a sitting position fired at Frank McLowry as he crossed Fremont street, and at the same instant Doc Holliday shot at him, both balls taking effect, either of which would have proved fatal, as one struck him in the right temple and the other in the left breast.
“As he started across the street, however, he pulled his gun down on Holliday saying, ‘I’ve got you now.’ ‘Blaze away! You’re a daisy if you have,’ replied Doc. This shot of McLowry’s passed through Holliday’s pistol pocket, just grazing the skin. While this was going on
“BILLY CLANTON HAD SHOT
“Virgil Earp in the right leg, the ball passing through the calf, inflicting a severe flesh wound. In turn he had been shot by Morg Earp in the right side of the abdomen, and twice by Virgil Earp, once in the right wrist and once in the left breast. Soon after the shooting commenced Ike Clanton ran through the O.K. Corral, across Allen street into Kellogg’s saloon, and thence into Toughnut street, where he was arrested and taken to the county jail. The firing altogether didn’t occupy more than twenty-five seconds, during which time fully thirty shots were fired. After the fight was over Billy Clanton, who, with wonderful vitality, survived his wounds for fully an hour, was carried by the editor and foreman of the Nugget into a house near where he lay, and everything possible [was] done to make his last moments easy. He was ‘game’ to the last, never uttering a word of complaint, and just before breathing his last he said, ‘Goodbye, boys; go away and let me die.’ The wounded were taken to their houses, and at three o’clock this morning were resting comfortably. The dead bodies were taken in charge by the Coroner, and an inquest will be held upon them at 10 o’clock to-day. Upon the person of Thomas McLowry was found between $300 and $400, and checks and certificates of deposit to the amount of nearly $3000.” Adding to the irony and drama was that Sheriff Behan, ignored by Virgil Earp and Frank McLaury prior to the fight, was now ignored by everyone during the fight.
“DURING THE SHOOTING
“Sheriff Behan was standing near by commanding the contestants to cease firing but was powerless to prevent it. Several parties who were in the vicinity of the shooting had narrow escapes from being shot. One man who had lately arrived from the east had a ball pass through his pants. He left for home this morning.”
At the conclusion of the gunfight, the Citizens Safety Committee sprang into action. It was a dramatic response equal to what had just occurred as well-armed men stood on a Tombstone street, ready for service to law enforcement to restore order if need be. “When the Vizina whistle gave the signal that there was a conflict between the officers and cowboys, the mines on the hill shut down and the miners were brought to the surface. From the Contention mine a number of men, fully armed, were sent to town in a four-horse carriage. At the request of the Sheriff the ‘Vigilantes’ or Committee of Safety, were called from the streets by a few sharp toots from the Vizina whistle. During the early part of the evening there was a rumor that a mob would attempt to take Ike Clanton from the jail and lynch him, and to prevent any such unlawful proceedings a strong guard of deputies was placed around that building, and will so be continued until all danger is passed. At 8 o’clock last evening, [Phineas, “Phin”] Finn Clanton, a brother of Billy and Ike, came in town, and placing himself under the guard of the Sheriff, visited the morgue to see the remains of one brother, and then passed the night in jail in company with the other.
At the conclusion of the gunfight, the Citizens Safety Committee sprang into action. It was a dramatic response equal to what had just occurred as well-armed men stood on a Tombstone street, ready for service to law enforcement to restore order if need be. “When the Vizina whistle gave the signal that there was a conflict between the officers and cowboys, the mines on the hill shut down and the miners were brought to the surface. From the Contention mine a number of men, fully armed, were sent to town in a four-horse carriage. At the request of the Sheriff the ‘Vigilantes’ or Committee of Safety, were called from the streets by a few sharp toots from the Vizina whistle. During the early part of the evening there was a rumor that a mob would attempt to take Ike Clanton from the jail and lynch him, and to prevent any such unlawful proceedings a strong guard of deputies was placed around that building, and will so be continued until all danger is passed. At 8 o’clock last evening, [Phineas, “Phin”] Finn Clanton, a brother of Billy and Ike, came in town, and placing himself under the guard of the Sheriff, visited the morgue to see the remains of one brother, and then passed the night in jail in company with the other.
“OMINOUS SOUNDS.
“Shortly after the shooting ceased the whistle at the Vizina mine sounded a few short toots, and almost simultaneously a large number of citizens appeared on the streets, armed with rifles and a belt of cartridges around their waists. These men formed a line and offered their services to the peace officers to preserve order, in case any attempt at disturbance was made, or any interference offered to the authorities of the law. However, no hostile move was made by anyone, and quiet and order was fully restored, and in a short time the excitement died away.”
“AT THE MORGUE.
“The bodies of the three slain cowboys lay side by side, covered with a sheet. Very little blood appeared on their clothing, and only on the face of young Billy Clanton was there any distortion of the features or evidence of pain in dying. The features of the two McLowry boys looked as calm and placid in death, as if they had died peaceably, surrounded by loving friends and sorrowing relatives. No un-kind remarks were made by anyone, but a feeling of unusual sorrow seemed to prevail at the sad occurrence. Of the McLowry brothers we could learn nothing of their previous history before coming to Arizona. The two brothers owned quite an extensive ranch on the lower San Pedro, some seventy or eighty miles from the city, to which they had moved their band of cattle since the recent Mexican and Indian troubles. They did not bear the reputation of being of a quarrelsome disposition, but were known as fighting men, and have generally conducted themselves in a quiet and orderly manner when in Tombstone.”
BILLY ALLEN AND THE SPICER HEARING
The shootout preoccupied the conversation on the streets of Tombstone, and within many of its homes. The Daily Nugget and the Daily Epitaph, the two primary newspapers in Tombstone at the time, were eager to provide its curious populace with news from the Spicer Hearing. An unfortunate decision by Judge Spicer resulted in reporters being excluded from the proceedings at the request of the Earps’ counsel. Even the Epitaph, staunch in their support for the Earps, argued strongly against it. But public pressure would later force a reversal of this poorly thought out decision.
“The late tragedy is still the common topic of conversation, though the excitement is somewhat allayed by the exclusion of the public from the examination and the refusal of Judge Spicer to allow the proceedings to be published. A garbled statement of Coroner Matthew’s testimony was yesterday published, and the court ruled that any attorney who would here-after furnish testimony to the press would be fined for contempt. The exclusion of the public from the examination is in accordance with a territorial law allowing that privilege to the defense.
“The refusal to allow the publication of the testimony was at the request of counsel for the defense and agreed to by – the prosecution. R. T. [“Col” Roderick F.] Hafford, for the defense, was examined out of turn by consent, on account of his departure for San Francisco this morning. It is understood that his testimony was principally as to the threats made by Ike Clanton on the morning of the killing. William Allen, for the prosecution, occupied the stand for most of the day, and, as an eye-witness, reviewed the entire case. Each point was eagerly watched by the numerous counsel, Ben Goodrich examining witnesses for the prosecution and Thomas Fitch for the defense. Some forty witnesses have been subpoenaed and the examination will probably last many days. It is hoped that the bar against the publication of the testimony will be removed so that the public will become informed of the full facts of the case. It is the impression that the theory of the defense will be that the deceased met their death as the result of a conspiracy to kill the city marshal. It is also understood that many facts as to the late stage robberies and cow-boy outrages will be brought out. These are merely street rumors, and we give them for what they are worth. The evidence is all being taken down in longhand and thus requires considerable time.”
Aside from the debate regarding the press, there was also a disagreement over who would record the testimony during the hearing. “Mr. E. [Eugene] W. Risley, phonographic reporter who was sent for at Tucson, having been objected to by the prosecution.” Judge Spicer replaced Risley with Fred W. Craig.
Unfortunately, Billy Allen’s testimony occurred at the inception of the hearing; the fate and accuracy of his testimony would be affected first by Spicer’s early press ban and decades later by an incomplete transcription of the court records. Author William Shillingberg wrote of the original court transcription. “For decades this document lay undisturbed in the Cochise County Courthouse. During the 1930s Pat Hayhurst, an Arizona journalist, publicist for the State Industrial Commission, and acting state director of the WPA, removed it along with other related papers to type a copy as part of Roosevelt’s Federal Writers Project. Unfortunately, he summarized much of the material so that his version is not a complete record, nor are the witnesses listed in proper order. Later the original document was either lost, stolen, discarded, or destroyed in a house fire, depending on which rumor one wishes to believe.… Hayhurst’s typescript is of value, but only when compared alongside the almost verbatim reports of testimony carried in the surviving issues of both newspapers [referring to the Epitaph and Nugget].” Billy’s testimony in the hearing would not have this advantage. Due to the absence of the original court reports and early newspaper coverage, the Hayhurst manuscript is the only version known of Billy’s testimony at this time.
“The late tragedy is still the common topic of conversation, though the excitement is somewhat allayed by the exclusion of the public from the examination and the refusal of Judge Spicer to allow the proceedings to be published. A garbled statement of Coroner Matthew’s testimony was yesterday published, and the court ruled that any attorney who would here-after furnish testimony to the press would be fined for contempt. The exclusion of the public from the examination is in accordance with a territorial law allowing that privilege to the defense.
“The refusal to allow the publication of the testimony was at the request of counsel for the defense and agreed to by – the prosecution. R. T. [“Col” Roderick F.] Hafford, for the defense, was examined out of turn by consent, on account of his departure for San Francisco this morning. It is understood that his testimony was principally as to the threats made by Ike Clanton on the morning of the killing. William Allen, for the prosecution, occupied the stand for most of the day, and, as an eye-witness, reviewed the entire case. Each point was eagerly watched by the numerous counsel, Ben Goodrich examining witnesses for the prosecution and Thomas Fitch for the defense. Some forty witnesses have been subpoenaed and the examination will probably last many days. It is hoped that the bar against the publication of the testimony will be removed so that the public will become informed of the full facts of the case. It is the impression that the theory of the defense will be that the deceased met their death as the result of a conspiracy to kill the city marshal. It is also understood that many facts as to the late stage robberies and cow-boy outrages will be brought out. These are merely street rumors, and we give them for what they are worth. The evidence is all being taken down in longhand and thus requires considerable time.”
Aside from the debate regarding the press, there was also a disagreement over who would record the testimony during the hearing. “Mr. E. [Eugene] W. Risley, phonographic reporter who was sent for at Tucson, having been objected to by the prosecution.” Judge Spicer replaced Risley with Fred W. Craig.
Unfortunately, Billy Allen’s testimony occurred at the inception of the hearing; the fate and accuracy of his testimony would be affected first by Spicer’s early press ban and decades later by an incomplete transcription of the court records. Author William Shillingberg wrote of the original court transcription. “For decades this document lay undisturbed in the Cochise County Courthouse. During the 1930s Pat Hayhurst, an Arizona journalist, publicist for the State Industrial Commission, and acting state director of the WPA, removed it along with other related papers to type a copy as part of Roosevelt’s Federal Writers Project. Unfortunately, he summarized much of the material so that his version is not a complete record, nor are the witnesses listed in proper order. Later the original document was either lost, stolen, discarded, or destroyed in a house fire, depending on which rumor one wishes to believe.… Hayhurst’s typescript is of value, but only when compared alongside the almost verbatim reports of testimony carried in the surviving issues of both newspapers [referring to the Epitaph and Nugget].” Billy’s testimony in the hearing would not have this advantage. Due to the absence of the original court reports and early newspaper coverage, the Hayhurst manuscript is the only version known of Billy’s testimony at this time.
BILLY ALLEN LE VAN TESTIFIES FOR THE PROSECUTION
In one of the great ironies of his time in Tombstone, Billy was sworn in as a witness in the Spicer Hearing using his alias, and then testified against mining partners Wyatt Earp and Doc Holliday. Billy told the court that he resided in Tombstone, and surprisingly, that he wasn’t involved in any business at that time, an ironic statement given that he was involved in the Last Decision with two of the defendants. He stated that he knew all of the participants to “one degree or another,” and that he knew of trouble between Doc Holliday and Ike Clanton the night before the shooting. He referred to the growing tension on Tombstone’s streets as “Quite a stir.” Billy would learn from Henry Fry that Wyatt Earp had struck Tom McLaury. This would later turn into a key piece of information that Billy would pass onto Frank McLaury not long before the fight.
As for the events that he witnessed in the lead-up to the fight, Billy told the court, “I first saw Frank McLaury on that day pretty near the Grand Hotel as they were riding in. Frank McLaury, Bill Clanton, and an old gentleman [Major J.R. Frink] who I am not acquainted with. This was about 2 o’clock in the afternoon.”
As for the events that he witnessed in the lead-up to the fight, Billy told the court, “I first saw Frank McLaury on that day pretty near the Grand Hotel as they were riding in. Frank McLaury, Bill Clanton, and an old gentleman [Major J.R. Frink] who I am not acquainted with. This was about 2 o’clock in the afternoon.”
Then, Billy witnessed one of the more odd occurrences before the fight. “At first, Doc Holliday went out and shook hands with one of them in a pleasant way, and said, ‘How are you?’ or something of that kind. Holliday left them there and Frank McLaury, Bill Clanton, and the old man went on to [the] Grand Hotel. I left them then. This was near the middle of the street, nearly opposite the Alhambra Saloon. I crossed the street, and went over to them. The boys were about to take a drink, and asked me to join them. I called Frank [McLaury] off to one side and asked him if he knew what was going on…After I told him what I had heard, that Tom McLaury had been hit on the head by Wyatt Earp, Frank says, ‘what did he hit Tom for?’ I said I did not know. He says, ‘We won’t drink…I will get the boys out of town.’”
In illustrating how seriously Frank McLaury took the news of Tom being struck, Billy added, “The glasses were on the counter when he said this. They did not drink.” Billy also told the court, “That is the last words I ever heard him say.” Billy added, “The boys, Frank McLaury, Bill Clanton, and the old gent, after the statement I made to them, got on their horses and rode down the street. I have heard the old gentleman’s name was Frick.” (Frink)
In illustrating how seriously Frank McLaury took the news of Tom being struck, Billy added, “The glasses were on the counter when he said this. They did not drink.” Billy also told the court, “That is the last words I ever heard him say.” Billy added, “The boys, Frank McLaury, Bill Clanton, and the old gent, after the statement I made to them, got on their horses and rode down the street. I have heard the old gentleman’s name was Frick.” (Frink)
“It was an hour or an hour and a half or two after I met the boys at the Grand Hotel, where we proposed to take a drink but did not, that the shooting took place. [I] did not see Isaac Clanton at the Grand Hotel nor after that time of the difficulty, except as I saw him pass the street to the O.K. Corral with the others – not to speak to him.
“The first time I saw Thomas McLaury was at a distance as they crossed the street, about twenty minutes or a half an hour before the shooting. At the time, I was on Allen Street walking down the street between Third and Fourth. Thomas McLaury was crossing the street from Dunbar’s Corral. I think it was him…only knew him by sight-no personal acquaintance…The other parties were with him – meaning Ike Clanton, William Clanton, Frank McLaury and another man they called Billy the Kid. I think Frank McLaury was leading a horse, or Billy Clanton, one of the two, was leading a horse.”
“The first time I saw Thomas McLaury was at a distance as they crossed the street, about twenty minutes or a half an hour before the shooting. At the time, I was on Allen Street walking down the street between Third and Fourth. Thomas McLaury was crossing the street from Dunbar’s Corral. I think it was him…only knew him by sight-no personal acquaintance…The other parties were with him – meaning Ike Clanton, William Clanton, Frank McLaury and another man they called Billy the Kid. I think Frank McLaury was leading a horse, or Billy Clanton, one of the two, was leading a horse.”
Allen Street facing west. The two story building on the right is the Golden Eagle Brewery. The Grand Hotel is on the left, and it was in this section of Allen Street that Billy Allen Le Van saw Frank McLaury, Billy Clanton and J.R. Frink ride into town before entering the Grand Hotel bar for a drink, the day of the gunfight. Doc Holliday’s handshake with Billy Clanton also took place at some point in this portion of Allen Street. Copy photo from the collections of John D. Rose.
Billy stated that the shooting occurred one or two hours after the conversation in the Grand Hotel bar had taken place. After this conversation Frank met up with Ike Clanton and his brother Tom, and they along with Billy Clanton remained in Tombstone. Ike Clanton had been on a tear all morning, threatening the lives of the Earps and Doc Holliday. He was humiliated by his confrontation with Holliday in the Alhambra, and angry with Virgil Earp for having his pistol in his lap during the poker game. A well-armed Clanton came close to carrying out his threat against Virgil until he was pistol-whipped and disarmed on Fourth Street. Whether Ike had influence in the matter, or Frank and company simply proceeded to complete their business in town is unknown, but they did not leave Tombstone immediately.
In many ways both men, Billy Allen and Frank McLaury, shared similar reactions to the impending danger. When learning that Wyatt had struck his brother, Frank’s reaction was a wise one-that of leaving town to diffuse the situation. Likewise, once Billy Allen had witnessed enough to deem an outbreak of violence likely, his initial instinct was to stay away from it. “After seeing them pass through the O.K. corral, I stood on the sidewalk a while with Mr. Coleman, and told him I did not want to see it…I meant I did not want to see the quarrel. I knew there would be one. At least I considered there would be one from the appearance of things, and I did not want to see it…”
Perhaps the carnage that Billy had witnessed during the Civil War informed his initial reaction, but he changed his mind when Coleman said to him, “Come on, let’s go see it.” “And so I went into the O.K. Corral and passed through it with Coleman onto Fremont Street.”
Billy was at one point standing close enough to hear what Sheriff Behan said to the Earps. “I was standing in the little place near Bauer’s butcher shop, just this way from it, when I heard Behan tell the Earps not to go down there. The Earps were near the front of this butcher shop when Behan told them not to go down, and had already passed me.”
Billy moved closer to the area where violence was about to break out. “When I reached Fremont Street, I walked down to the upper corner – the corner of Fly’s building, the photograph gallery – to a point eight or ten feet from the sidewalk on the street. I stopped only about a minute on the way there.”
The Earps and Holliday were moving quickly as they headed toward the cowboys. “When I first saw the McLaurys and Clantons, they were on the vacant lot next to Fly’s building. Thomas McLaury was – I could not tell how they stood. They were pretty much together. I think Billy [Clanton] was off to the right. I won’t be sure. The horse was right there. One of them had him on the bridle. Billy Clanton or Thomas McLaury had the bridle. I think it was one of the two. I think the horse was facing towards the lot. At the time I heard Thomas McLaury say, ‘I haven’t got any arms.’ I was standing ten feet away, in front of Fly’s building. I could not state how McLaury and they with him were standing…When Thomas McLaury said, ‘I haven’t any arms,’ he held the lapels of his coat open. I think he was facing in towards Fly’s building. They were between the two buildings. Billy Clanton…said, ‘I don’t want to fight with them,’ I cannot state where they were standing. He was facing towards Fly’s building, when he held out his hands. The man who held the horse was facing towards Fly’s building. All three men were about 20 feet from me at the time – 20 or 25 feet.”
Billy continued describing the area in which the fight took place, and the spatial relationship between himself and the Earp party. “The Earps and Holliday at this time were close to the other portion. The Earps were about 15 feet or so from me. I have told where I was and where the other party was. I was in front of Fly’s building at [the] time, ten feet out, and both the other parties were around the corner, by the corner of Fly’s building, on the vacant lot. I think Wyatt only got to the corner…”
Billy offered his testimony as to who shot first. “I think it was Doc Holliday who fired first. Their backs were to me. I was behind them. The smoke came from him,” meaning Holliday. Under cross examination, Billy testified that the first shot “…came from the Earp party. The smoke came from Doc Holliday.” Billy further testified, “I could not tell who fired the second shot, they came in such quick succession. I think the first was a pistol shot and the next a double barrel shotgun. These two shots were from the Earp side, before any other shots were fired.”
Billy’s testimony addressed the shotgun. “I did not see it, but I know from the sound that the second shot was fired from a shotgun.” Billy told the court that when the shotgun went off he saw Tom McLaury throw his hands to his chest. “Tom McLaury was then only four or five feet from the nearest of the Earp party.” Billy speculated that the nearest of the Earp party to Tom McLaury “might have been Morg.” [Morgan Earp] “I did not see anyone with a shotgun then,” adding, “I got out of the way quick.”
That quick movement saved Billy from being hit by any number of stray bullets flying about during the affray. Tom McLaury suffered a different fate. “I picked up Thomas McLaury,” Billy stated, “and helped carry him into the house. I did not see any weapons on him. No cartridge belt. I pulled his shirt down to see where he was shot. He was breathing yet.”
In many ways both men, Billy Allen and Frank McLaury, shared similar reactions to the impending danger. When learning that Wyatt had struck his brother, Frank’s reaction was a wise one-that of leaving town to diffuse the situation. Likewise, once Billy Allen had witnessed enough to deem an outbreak of violence likely, his initial instinct was to stay away from it. “After seeing them pass through the O.K. corral, I stood on the sidewalk a while with Mr. Coleman, and told him I did not want to see it…I meant I did not want to see the quarrel. I knew there would be one. At least I considered there would be one from the appearance of things, and I did not want to see it…”
Perhaps the carnage that Billy had witnessed during the Civil War informed his initial reaction, but he changed his mind when Coleman said to him, “Come on, let’s go see it.” “And so I went into the O.K. Corral and passed through it with Coleman onto Fremont Street.”
Billy was at one point standing close enough to hear what Sheriff Behan said to the Earps. “I was standing in the little place near Bauer’s butcher shop, just this way from it, when I heard Behan tell the Earps not to go down there. The Earps were near the front of this butcher shop when Behan told them not to go down, and had already passed me.”
Billy moved closer to the area where violence was about to break out. “When I reached Fremont Street, I walked down to the upper corner – the corner of Fly’s building, the photograph gallery – to a point eight or ten feet from the sidewalk on the street. I stopped only about a minute on the way there.”
The Earps and Holliday were moving quickly as they headed toward the cowboys. “When I first saw the McLaurys and Clantons, they were on the vacant lot next to Fly’s building. Thomas McLaury was – I could not tell how they stood. They were pretty much together. I think Billy [Clanton] was off to the right. I won’t be sure. The horse was right there. One of them had him on the bridle. Billy Clanton or Thomas McLaury had the bridle. I think it was one of the two. I think the horse was facing towards the lot. At the time I heard Thomas McLaury say, ‘I haven’t got any arms.’ I was standing ten feet away, in front of Fly’s building. I could not state how McLaury and they with him were standing…When Thomas McLaury said, ‘I haven’t any arms,’ he held the lapels of his coat open. I think he was facing in towards Fly’s building. They were between the two buildings. Billy Clanton…said, ‘I don’t want to fight with them,’ I cannot state where they were standing. He was facing towards Fly’s building, when he held out his hands. The man who held the horse was facing towards Fly’s building. All three men were about 20 feet from me at the time – 20 or 25 feet.”
Billy continued describing the area in which the fight took place, and the spatial relationship between himself and the Earp party. “The Earps and Holliday at this time were close to the other portion. The Earps were about 15 feet or so from me. I have told where I was and where the other party was. I was in front of Fly’s building at [the] time, ten feet out, and both the other parties were around the corner, by the corner of Fly’s building, on the vacant lot. I think Wyatt only got to the corner…”
Billy offered his testimony as to who shot first. “I think it was Doc Holliday who fired first. Their backs were to me. I was behind them. The smoke came from him,” meaning Holliday. Under cross examination, Billy testified that the first shot “…came from the Earp party. The smoke came from Doc Holliday.” Billy further testified, “I could not tell who fired the second shot, they came in such quick succession. I think the first was a pistol shot and the next a double barrel shotgun. These two shots were from the Earp side, before any other shots were fired.”
Billy’s testimony addressed the shotgun. “I did not see it, but I know from the sound that the second shot was fired from a shotgun.” Billy told the court that when the shotgun went off he saw Tom McLaury throw his hands to his chest. “Tom McLaury was then only four or five feet from the nearest of the Earp party.” Billy speculated that the nearest of the Earp party to Tom McLaury “might have been Morg.” [Morgan Earp] “I did not see anyone with a shotgun then,” adding, “I got out of the way quick.”
That quick movement saved Billy from being hit by any number of stray bullets flying about during the affray. Tom McLaury suffered a different fate. “I picked up Thomas McLaury,” Billy stated, “and helped carry him into the house. I did not see any weapons on him. No cartridge belt. I pulled his shirt down to see where he was shot. He was breathing yet.”
DID BILLY ALLEN FIRE AT THE EARPS DURING THE SHOOTOUT?
Other authors have speculated that Billy may have fired at the Earps during the gunfight. On page 61 of Inquest, Al Turner writes, “Billy Allen, a cowboy partisan, was believed to have fired a number of shots at the Earp party from the cover of one of Fly’s buildings. If this were true, it helps account for the large number of shots, mostly misses, that were fired that day. Almost three years later Doc Holliday and Billy Allen were involved in a shooting scrape in Leadville, Colorado. Holliday claimed that the fight was pushed on him by a clique of ‘Old Arizona Boys’ seeking revenge for his part in the O.K. Corral shooting.’”
Turner was in error that the Billy Allen of Tombstone was the same Billy Allen of Leadville, Colorado. But on Page 32 of Inquest, he does state that Tombstone’s Billy Allen “probably took a small part in the Earp-Clanton shooting.” Turner’s statement on Page 61, “If this were true…” admits to the unproven nature of the accusation. Although Turner does not refer to a source for his statement, he may have inferred it from questions asked by Earp attorney Tom Fitch during the hearing. Fitch asked Sheriff Behan, “Did you see or hear any evidence of a shot proceeding from the alleyway between Fly’s house and the building east of it?” “No,” Behan replied. Later, Fitch also asked Behan, “Do you know William Allen?” Behan stated, “Yes sir.”
Fitch continued, “Did you see him that day at or near the difficulty or shooting, at or near the time of said shooting?” Behan answered, “I don’t remember seeing him there.” Fitch then asked, “Were you, during the time of the shooting, in the alleyway between Fly’s Gallery and the building on the east?” Behan replied, “I was not in any alleyway during the progress of the fight.” Regarding possible conversations following the event, Fitch asked “Have you, since the difficulty, had any interview with William Allen, to compare your recollections with him in regard to the difficulty?” Behan said, “I had no interview with Allen about the matter; have met him and talked about it on the street. [Verbatim as in original]” Turner’s description of this cites “a number of shots at the Earp party…” while Fitch mentions “a shot.”
Billy was quoted on page 57 of Inquest saying “I saw Thomas McLaury when the first two shots were fired slap his hand on his breast, like this, and went onto the vacant lot by Fly’s building, where I could not see him. I went in this side of Fly’s building. Billy Clanton dropped down at [the] first two shots. I kept in between the building after this.” Billy is likely referring to moving to the east side of Fly’s building. Because Billy had identified himself in this area at that moment, Tom Fitch’s inquiry as to whether or not a shot was fired from there has been viewed as an implication that Billy may have fired at the Earps.
Turner was not alone in addressing this. On page 123 of Wyatt Earp The Life Behind the Legend, Casey Tefertiller wrote, “Morgan stumbled and fell, yelling, ‘I am hit,’ then rose again to return to the fight before stumbling, probably on the dirt mound dug for the new water pipes. Holliday threw away his shotgun and drew his nickel-plated revolver.”
Tefertiller continues, “From the alley to the east of Fly’s Photo Gallery, a sound rang out, possibly shots or an errant bullet glancing off a piece of metal. Wyatt Earp would forever think a gunman - Behan, Ike Clanton, Billy Allen, or Claiborne - had fired from hiding.” In the related footnote on page 357, he adds, “During the cross-examination of Behan, defense attorneys identified the location of the shot as coming from the east of Fly’s gallery, not from the rear of the lot, to the south of Fly's, as is commonly misreported in various later accounts of the gunfight. Gunfight analyst Jeff Morey notes that this would make Billy Allen the prime suspect if such a shot was indeed fired.”
If Billy Allen had fired during the gunfight, then it would stand to reason that he was armed immediately before the gunfight. And if he were walking about on Tombstone’s streets armed, he certainly would have picked a bad day to do so. Reports were going back and forth between the Earps and some citizens on edge about the armed men seen in the cowboy group along with reports of threats made by them. Men gathered along the streets as word was traveling across Tombstone that a fight might soon happen, and some were closely watching so that they could see it. R.F. Coleman, whose account of the gunfight was published in the Epitaph, convinced Billy Allen to travel with him to see the violence that both men believed was about to occur.
Coleman testified in detail at the Coroner’s Inquest, and yet made no mention of Billy being armed as he walked with him through the O.K. Corral toward Fremont Street immediately prior to the shootout. If Coleman knew that Billy was armed, he did not state this for the Epitaph account, or in his testimony. If Billy Allen was the source of the alleged shot, either Allen somehow had a weapon that Coleman had no idea was on his person regardless of his proximity to him, or he and Billy conspired to keep knowledge of a weapon a secret. This latter theory argues that although Coleman would have known of the weapon, he chose not to reveal this to the Coroner’s Jury or the Epitaph.
What is not easy to understand is why Tom Fitch and the defense did not ask Coleman if Allen was armed if they believed that he was an active shooter during the affray. And why was Billy not questioned directly about a weapon, concealed or otherwise, and whether he was the source of this purported shot? Robin Andrews stated, “There is no source for any witness that testified to such a thing.”
But if Fitch had asked Billy Allen if he was armed and firing at the Earps, he would have risked making an accusation that the voluminous Spicer Hearing testimony did not corroborate. Of all the discussion of individuals firing at each other that day, not once did a witness name Billy Allen as firing a weapon during the fight. Fitch chose to raise this issue by insinuation, rather than direct confrontation.
It is noteworthy that Wyatt Earp did not refer to Billy as shooting at them in his testimony before the Spicer Hearing. But in 1896 Earp would later claim that “After the first exchange in the lot, Ike Clanton had got into one of the buildings from the rear and when I reached the street he was shooting out of one of the front w[i]ndows. Seeing him aim at Morgan, I shouted: ‘Look out, Morg, you’re getting it in the back!’”
Although this dramatic claim by Earp is not supported by contemporary testimony (and it is well established that Clanton was not armed during the gunfight), he named Ike Clanton and not Billy Allen as shooting from behind Morgan.
According to Billy, Tom McLaury and Billy Clanton did not want the fight. He also asserted that the Earps were aggressive in their words just before the fight began. “When the Earp party got down to the Clantons, the Earp party said ‘You sons-of-bitches have been looking for a fight!’ The same instant, Virgil said ‘Throw up your hands.’” Billy added, “Tom McLaury threw open his coat and said, ‘I ain’t got no arms!’ He caught hold of the lapels of his coat and threw it open. William Clanton said, ‘I do not want to fight!...’”
This is just what the defense did not want to hear. If it were established that the Earps used such provocative language just before bullets flew, their claim of attempting to disarm these men peacefully could look more like a chance to get even. But as was so typical with this hearing, other testimony contradicted this.
Bob Hatch later stated, “I was not to exceed 25 or 30 feet from the Earp party: could not tell who fired the first shot. The Earp party and Holliday were standing nearly directly in front of me, between me and the others, and I could not see them.” In contradiction to Billy’s testimony, Hatch added, “The only words I heard used at the time the Earp party came up were, ‘We come here to disarm and arrest you,’ said by Virgil Earp, I think. I did not hear any of the persons engaged in this difficulty use the words, ‘s—s of b—s,’ or ‘s—s of b—s, you have to fight.’ I was in such a situation that I think I would be liable to hear such words if they had been spoken in an ordinary tone of voice.”
Billy’s testimony was not advantageous to Wyatt Earp and Doc Holliday, and if the defense could have portrayed him as hostile to the Earps outside of the Spicer Hearing, it might have mitigated the impact of some of his accusations against them. But his next statement would challenge that strategy. “My relations with the Earps have been the best, always – always friendly.” Missing from the record is how the Earps would have answered had they been asked for their view of Billy.
In explaining who he was to the court, Billy stated, “I have resided in Tombstone two years…Before I came here, I lived in Colorado-Denver-Cheyenne-Georgetown-Cheyenne in Wyoming. I have never had any other name than William Allen. They have called me other names, but this is my true name here. A man gets a nickname around the mountains.” Although it was clearly false when Billy stated “I have never had any other name than William Allen”, his latter statement was parsed so delicately that it was not an outright deception. “They have called me other names,” Billy testified, “but this [Billy Allen] is my true name here [in Tombstone].” The irony is that the last statement was much closer to the truth even as he deceived the court, but beyond the city limits of Tombstone and the boundaries of Arizona, Billy Allen was but an alias and Billy Le Van was still wanted for his Colorado crimes.
The Earp defense led by Tom Fitch had done its research well. They had discovered enough to question whether or not Billy was using his real name in Tombstone. This fact alone could be of real advantage to the defense, as they labored to discredit Billy’s testimony for the prosecution. “Did you not call yourself by, and pass under, another name than William Allen in Colorado?” This line of questioning had engaged the interest of Judge Spicer. He informed Billy that he had the right to decline to answer, and the attorneys for the prosecution objected to the question on the grounds of it being irrelevant. Faced with either admitting that he had been sworn in at the Spicer Hearing using his alias, or saying that he had no other name, he took Spicer’s suggestion, an easy way out. “I decline to answer.”
Turner was in error that the Billy Allen of Tombstone was the same Billy Allen of Leadville, Colorado. But on Page 32 of Inquest, he does state that Tombstone’s Billy Allen “probably took a small part in the Earp-Clanton shooting.” Turner’s statement on Page 61, “If this were true…” admits to the unproven nature of the accusation. Although Turner does not refer to a source for his statement, he may have inferred it from questions asked by Earp attorney Tom Fitch during the hearing. Fitch asked Sheriff Behan, “Did you see or hear any evidence of a shot proceeding from the alleyway between Fly’s house and the building east of it?” “No,” Behan replied. Later, Fitch also asked Behan, “Do you know William Allen?” Behan stated, “Yes sir.”
Fitch continued, “Did you see him that day at or near the difficulty or shooting, at or near the time of said shooting?” Behan answered, “I don’t remember seeing him there.” Fitch then asked, “Were you, during the time of the shooting, in the alleyway between Fly’s Gallery and the building on the east?” Behan replied, “I was not in any alleyway during the progress of the fight.” Regarding possible conversations following the event, Fitch asked “Have you, since the difficulty, had any interview with William Allen, to compare your recollections with him in regard to the difficulty?” Behan said, “I had no interview with Allen about the matter; have met him and talked about it on the street. [Verbatim as in original]” Turner’s description of this cites “a number of shots at the Earp party…” while Fitch mentions “a shot.”
Billy was quoted on page 57 of Inquest saying “I saw Thomas McLaury when the first two shots were fired slap his hand on his breast, like this, and went onto the vacant lot by Fly’s building, where I could not see him. I went in this side of Fly’s building. Billy Clanton dropped down at [the] first two shots. I kept in between the building after this.” Billy is likely referring to moving to the east side of Fly’s building. Because Billy had identified himself in this area at that moment, Tom Fitch’s inquiry as to whether or not a shot was fired from there has been viewed as an implication that Billy may have fired at the Earps.
Turner was not alone in addressing this. On page 123 of Wyatt Earp The Life Behind the Legend, Casey Tefertiller wrote, “Morgan stumbled and fell, yelling, ‘I am hit,’ then rose again to return to the fight before stumbling, probably on the dirt mound dug for the new water pipes. Holliday threw away his shotgun and drew his nickel-plated revolver.”
Tefertiller continues, “From the alley to the east of Fly’s Photo Gallery, a sound rang out, possibly shots or an errant bullet glancing off a piece of metal. Wyatt Earp would forever think a gunman - Behan, Ike Clanton, Billy Allen, or Claiborne - had fired from hiding.” In the related footnote on page 357, he adds, “During the cross-examination of Behan, defense attorneys identified the location of the shot as coming from the east of Fly’s gallery, not from the rear of the lot, to the south of Fly's, as is commonly misreported in various later accounts of the gunfight. Gunfight analyst Jeff Morey notes that this would make Billy Allen the prime suspect if such a shot was indeed fired.”
If Billy Allen had fired during the gunfight, then it would stand to reason that he was armed immediately before the gunfight. And if he were walking about on Tombstone’s streets armed, he certainly would have picked a bad day to do so. Reports were going back and forth between the Earps and some citizens on edge about the armed men seen in the cowboy group along with reports of threats made by them. Men gathered along the streets as word was traveling across Tombstone that a fight might soon happen, and some were closely watching so that they could see it. R.F. Coleman, whose account of the gunfight was published in the Epitaph, convinced Billy Allen to travel with him to see the violence that both men believed was about to occur.
Coleman testified in detail at the Coroner’s Inquest, and yet made no mention of Billy being armed as he walked with him through the O.K. Corral toward Fremont Street immediately prior to the shootout. If Coleman knew that Billy was armed, he did not state this for the Epitaph account, or in his testimony. If Billy Allen was the source of the alleged shot, either Allen somehow had a weapon that Coleman had no idea was on his person regardless of his proximity to him, or he and Billy conspired to keep knowledge of a weapon a secret. This latter theory argues that although Coleman would have known of the weapon, he chose not to reveal this to the Coroner’s Jury or the Epitaph.
What is not easy to understand is why Tom Fitch and the defense did not ask Coleman if Allen was armed if they believed that he was an active shooter during the affray. And why was Billy not questioned directly about a weapon, concealed or otherwise, and whether he was the source of this purported shot? Robin Andrews stated, “There is no source for any witness that testified to such a thing.”
But if Fitch had asked Billy Allen if he was armed and firing at the Earps, he would have risked making an accusation that the voluminous Spicer Hearing testimony did not corroborate. Of all the discussion of individuals firing at each other that day, not once did a witness name Billy Allen as firing a weapon during the fight. Fitch chose to raise this issue by insinuation, rather than direct confrontation.
It is noteworthy that Wyatt Earp did not refer to Billy as shooting at them in his testimony before the Spicer Hearing. But in 1896 Earp would later claim that “After the first exchange in the lot, Ike Clanton had got into one of the buildings from the rear and when I reached the street he was shooting out of one of the front w[i]ndows. Seeing him aim at Morgan, I shouted: ‘Look out, Morg, you’re getting it in the back!’”
Although this dramatic claim by Earp is not supported by contemporary testimony (and it is well established that Clanton was not armed during the gunfight), he named Ike Clanton and not Billy Allen as shooting from behind Morgan.
According to Billy, Tom McLaury and Billy Clanton did not want the fight. He also asserted that the Earps were aggressive in their words just before the fight began. “When the Earp party got down to the Clantons, the Earp party said ‘You sons-of-bitches have been looking for a fight!’ The same instant, Virgil said ‘Throw up your hands.’” Billy added, “Tom McLaury threw open his coat and said, ‘I ain’t got no arms!’ He caught hold of the lapels of his coat and threw it open. William Clanton said, ‘I do not want to fight!...’”
This is just what the defense did not want to hear. If it were established that the Earps used such provocative language just before bullets flew, their claim of attempting to disarm these men peacefully could look more like a chance to get even. But as was so typical with this hearing, other testimony contradicted this.
Bob Hatch later stated, “I was not to exceed 25 or 30 feet from the Earp party: could not tell who fired the first shot. The Earp party and Holliday were standing nearly directly in front of me, between me and the others, and I could not see them.” In contradiction to Billy’s testimony, Hatch added, “The only words I heard used at the time the Earp party came up were, ‘We come here to disarm and arrest you,’ said by Virgil Earp, I think. I did not hear any of the persons engaged in this difficulty use the words, ‘s—s of b—s,’ or ‘s—s of b—s, you have to fight.’ I was in such a situation that I think I would be liable to hear such words if they had been spoken in an ordinary tone of voice.”
Billy’s testimony was not advantageous to Wyatt Earp and Doc Holliday, and if the defense could have portrayed him as hostile to the Earps outside of the Spicer Hearing, it might have mitigated the impact of some of his accusations against them. But his next statement would challenge that strategy. “My relations with the Earps have been the best, always – always friendly.” Missing from the record is how the Earps would have answered had they been asked for their view of Billy.
In explaining who he was to the court, Billy stated, “I have resided in Tombstone two years…Before I came here, I lived in Colorado-Denver-Cheyenne-Georgetown-Cheyenne in Wyoming. I have never had any other name than William Allen. They have called me other names, but this is my true name here. A man gets a nickname around the mountains.” Although it was clearly false when Billy stated “I have never had any other name than William Allen”, his latter statement was parsed so delicately that it was not an outright deception. “They have called me other names,” Billy testified, “but this [Billy Allen] is my true name here [in Tombstone].” The irony is that the last statement was much closer to the truth even as he deceived the court, but beyond the city limits of Tombstone and the boundaries of Arizona, Billy Allen was but an alias and Billy Le Van was still wanted for his Colorado crimes.
The Earp defense led by Tom Fitch had done its research well. They had discovered enough to question whether or not Billy was using his real name in Tombstone. This fact alone could be of real advantage to the defense, as they labored to discredit Billy’s testimony for the prosecution. “Did you not call yourself by, and pass under, another name than William Allen in Colorado?” This line of questioning had engaged the interest of Judge Spicer. He informed Billy that he had the right to decline to answer, and the attorneys for the prosecution objected to the question on the grounds of it being irrelevant. Faced with either admitting that he had been sworn in at the Spicer Hearing using his alias, or saying that he had no other name, he took Spicer’s suggestion, an easy way out. “I decline to answer.”
If Billy thought he had cleared this hurdle, the defense had other ideas. Questioning continued on the same topic. “Did you not, when residing in Colorado, and during your residence there, call yourself, and pass under the name of L. Brand? And were you not under that name indicted in Georgetown, Colorado, for larceny? And did you not immediately after such indictment escape and flee from Colorado and come from there to Tombstone?”
Billy now faced a legal minefield of his own. The questions were zeroing in on his true past. His life to this point had been a mixture of hard luck and the occasional fleeing from crises of his own making when he felt it was warranted. But Billy also had his intermittent successes and good fortune. On this day the latter would favor him. The name L. Brand was not one of the names listed in the Georgetown press who were involved with Billy in the ore salting crime. It may be that “L. Brand” was a convolution of Billy Le Van or his accomplice, George Lang, but this was an error that allowed Billy to truthfully testify that “I never went by that name and never [heard] it.”
The Earp defense once again tenaciously pressed what they hoped would be an advantage, but with an adjustment in approach. Seeing the opposition to this line of questioning not only from the prosecution but Judge Spicer as well, Earp’s lawyer dropped the name of L. Brand in case of error, while still trying to prove that Billy was a wanted man in Colorado. “Were you not indicted in Colorado for larceny prior to your coming to Arizona?”
Now Billy was faced with a question that was harder to ignore than an incorrect identification by opposing counsel. The Earp defense pressed the issue again, and it was overruled and excluded. The surviving remnant (as quoted by Al Turner in Inquest) of this record states, “the court refuses to put it to the witness.” Just as he and fellow inmates sawed their way out of a Georgetown jail and fled as wanted men, Billy Allen Le Van was freed from past Colorado misdeeds once again.
Billy now faced a legal minefield of his own. The questions were zeroing in on his true past. His life to this point had been a mixture of hard luck and the occasional fleeing from crises of his own making when he felt it was warranted. But Billy also had his intermittent successes and good fortune. On this day the latter would favor him. The name L. Brand was not one of the names listed in the Georgetown press who were involved with Billy in the ore salting crime. It may be that “L. Brand” was a convolution of Billy Le Van or his accomplice, George Lang, but this was an error that allowed Billy to truthfully testify that “I never went by that name and never [heard] it.”
The Earp defense once again tenaciously pressed what they hoped would be an advantage, but with an adjustment in approach. Seeing the opposition to this line of questioning not only from the prosecution but Judge Spicer as well, Earp’s lawyer dropped the name of L. Brand in case of error, while still trying to prove that Billy was a wanted man in Colorado. “Were you not indicted in Colorado for larceny prior to your coming to Arizona?”
Now Billy was faced with a question that was harder to ignore than an incorrect identification by opposing counsel. The Earp defense pressed the issue again, and it was overruled and excluded. The surviving remnant (as quoted by Al Turner in Inquest) of this record states, “the court refuses to put it to the witness.” Just as he and fellow inmates sawed their way out of a Georgetown jail and fled as wanted men, Billy Allen Le Van was freed from past Colorado misdeeds once again.
NOTED EARP RESEARCHER AND EXPERT JEFF MOREY ON
Witness at the O.K. Corral: Tombstone’s Billy Allen Le Van.
Witness at the O.K. Corral: Tombstone’s Billy Allen Le Van.
I’d like to thank the many who have purchased the Le Van book, and who have offered such kind words about it. Among the many that have done so, I’d especially like to acknowledge Earp expert and researcher, Jeff Morey. I’ve long held respect for his talented and insightful research abilities, and Jeff’s decades of devotion to this pursuit have enriched all who enjoy this intriguing story. I am humbled by his praise for Witness at the O.K. Corral: Tombstone’s Billy Allen Le Van. In a response to Robin Andrews, whose remarkable research made this book possible for me to write in the first place, Mr. Morey wrote “I do want to congratulate you and John Rose on the great new Billy Allen book. It is a truly wonderful contribution!” –Jeff Morey
ROBIN ANDREWS REGARDING Witness at the O.K. Corral: Tombstone’s Billy Allen Le Van.
Robin Andrews, whose remarkable family history and stellar research made this book possible, said the following of this book. “I am very pleased to announce that Billy Allen Le Van’s biographic story has been told in its entirety. “…I have been researching the lives of Billy Allen Le Van (aka Tombstone’s Billy Allen) and his future wife, Belle Crowley (my great-great grandmother), for a long time (since 1998). Posters close to me knew after several years, that there was enough research material, mined out of the archives of Arizona on Billy Allen Le Van, to create a book. I started looking for someone willing to write that story.
“I was looking for a very good story teller. I have the attention span of a gnat, so I needed someone’s writing that could keep my attention and interest so others like me would enjoy the book as well. That was important to me. Then I felt this person needed to be an excellent historian of southern Arizona and one who could author a non-fiction old west biography and still give dimension to the characters in Billy’s story. I was asking a lot, I know. I knew much about the lives of Billy and the people in his family, even the gunfight, but not enough about other citizens, historic events, politics, organizations, businesses , and things like that, to do this story justice. I knew that my friend, John D. Rose of Sierra Vista, Arizona, met these requirements and more.
“After John Rose’s book, ‘Charleston & Millville, A.T., Hell on the San Pedro’ came out, I knew that John would qualify as an excellent choice to write Billy Allen Le Van’s biography, but would he do it? I knew he had other very important projects he was working on, but I hoped that someday in the near future that he would take on this daunting project of mine. I asked John if he would write Billy Allen Le Van’s book and John said yes. I think you too will be glad he said yes when you read this book. John has honored us with a great Tombstone story and includes many images from his own fabulous ephemeral type collections related to Tombstone. “He wove the stories of Tombstone citizens throughout the Le Van’s life story in Arizona, making it a balanced and extremely interesting account. He was meticulous in his efforts to honor the rules of non-fiction story telling, but brought those characters to life.
"Oh, and of course, the very famous Tombstone gunfight is featured in this book as are all the players of that event, including Billy Allen as the first witness to testify at the Spicer preliminary hearing that followed. Don’t go without this book on your Arizona History/Gunfight at the O.K. Corral bookshelf. Trust me, it’s a good one.”-Robin Andrews
“I was looking for a very good story teller. I have the attention span of a gnat, so I needed someone’s writing that could keep my attention and interest so others like me would enjoy the book as well. That was important to me. Then I felt this person needed to be an excellent historian of southern Arizona and one who could author a non-fiction old west biography and still give dimension to the characters in Billy’s story. I was asking a lot, I know. I knew much about the lives of Billy and the people in his family, even the gunfight, but not enough about other citizens, historic events, politics, organizations, businesses , and things like that, to do this story justice. I knew that my friend, John D. Rose of Sierra Vista, Arizona, met these requirements and more.
“After John Rose’s book, ‘Charleston & Millville, A.T., Hell on the San Pedro’ came out, I knew that John would qualify as an excellent choice to write Billy Allen Le Van’s biography, but would he do it? I knew he had other very important projects he was working on, but I hoped that someday in the near future that he would take on this daunting project of mine. I asked John if he would write Billy Allen Le Van’s book and John said yes. I think you too will be glad he said yes when you read this book. John has honored us with a great Tombstone story and includes many images from his own fabulous ephemeral type collections related to Tombstone. “He wove the stories of Tombstone citizens throughout the Le Van’s life story in Arizona, making it a balanced and extremely interesting account. He was meticulous in his efforts to honor the rules of non-fiction story telling, but brought those characters to life.
"Oh, and of course, the very famous Tombstone gunfight is featured in this book as are all the players of that event, including Billy Allen as the first witness to testify at the Spicer preliminary hearing that followed. Don’t go without this book on your Arizona History/Gunfight at the O.K. Corral bookshelf. Trust me, it’s a good one.”-Robin Andrews
The above information is in part excerpted from Witness at the O.K. Corral: Tombstone’s Billy Allen Le Van, by John D. Rose. For more on this legendary story and other research breakthroughs, this book is available at https://www.createspace.com/5258114 as well as Amazon.com. The cover of this landmark book on Billy Allen Le Van, the Gunfight near the O.K. Corral, Tombstone A.T., Belle Le Van and her family history, and so much more, is viewed below.
Copyright 2015, 2016, 2017, 2018. John D. Rose. All rights reserved.