THE EARPS AT CONTENTION CITY,
By John D. Rose
“We come here for law, but we will fight—if we have to!” –William Herring
Death would soon visit Contention, though not through violent means, but rather, a bout of pneumonia. It was the end of a long life of the west, a man whose last years had been spent as Justice of the Peace during Contention’s earliest days. In sharp contrast to his counterpart at Charleston, Jim Burnett, Justice Edwin Rigg had given Contention an early tradition of even-handed justice, whereas Burnett was simply a crook with a title. It can be argued that the difference between these two men would equal at least in part, the difference between the two communities over which they presided, and the safety of its citizenry. Rigg’s death would also open the opportunity for a political change for the office he had held at Contention. Rigg was a republican, but the Cochise County Board of Supervisors was led by Democrat Chairman Milt Joyce. This meant that Joyce, and not the voters, would preside over the meeting which would choose his successor. Of course a democrat would be chosen, and it was of little surprise to Wyatt Earp and his supporters when this appointee used his new-found authority to aid Ike Clanton in hauling the Earps into court in Contention, over charges from which they had already been released in Tombstone. In the wake of Rigg’s death, one of the earliest decisions of his replacement, J.B. Smith, would be to bring the Earp drama directly into the Contention City courtroom, the same courtroom where Judge Rigg had presided, gaining the admiration of many. “Death of Col. Rigg. The unwelcome news came in town yesterday morning of the death of Col. Edwin A. [Augustus] Rigg, at Contention City, on Friday night about 10 o’clock.
“Edwin A. Rigg was a native of Burk county, Penn., and was about 60 years of age. He was a pioneer to California, engaging at that time in mercantile pursuits. In 1856 he was captain of the law and order company against the vigilance committee in San Francisco. At the breaking out of the war of the rebellion, Rigg joined the California volunteers as major and was afterward promoted to the rank of colonel, serving in that state and afterward coming to this territory. He also served in the Mexican war. Some years later, going to New York, the Colonel was reinstated in the army. Shortly after coming to Arizona, Col. Rigg was married to a Miss Cooper, of El Paso, Texas. His wife and daughter are now residing in New York. Of late his residence has been in Contention, where he has been a justice of the peace for a long time. Col. Rigg was a very pleasant, social gentleman, and the news of his death will be sadly received by his many friends.”
“Edwin A. Rigg was a native of Burk county, Penn., and was about 60 years of age. He was a pioneer to California, engaging at that time in mercantile pursuits. In 1856 he was captain of the law and order company against the vigilance committee in San Francisco. At the breaking out of the war of the rebellion, Rigg joined the California volunteers as major and was afterward promoted to the rank of colonel, serving in that state and afterward coming to this territory. He also served in the Mexican war. Some years later, going to New York, the Colonel was reinstated in the army. Shortly after coming to Arizona, Col. Rigg was married to a Miss Cooper, of El Paso, Texas. His wife and daughter are now residing in New York. Of late his residence has been in Contention, where he has been a justice of the peace for a long time. Col. Rigg was a very pleasant, social gentleman, and the news of his death will be sadly received by his many friends.”
Contention City was facing the loss of not one, but two well thought of citizens, and their combined funerals on the same day brought out almost the entire population. “‘William Riley Petty, born in Missouri, aged 42 years,’ was the simple inscription on the coffin plate of our lamented friend. He died on January 27, of pneumonia, after a short illness of a week. He received every care that kind friends could bestow, up to the time of his death. Mr. Petty owned a ranch a few miles from this place, Contention City, A.T. After he was first stricken down he was removed from his home to town, and cared for by kind and devoted friends, Mr. and Mrs. U.F. Bradley, and his equally kind and attached friend and physician, Dr. J.G. Barney, by whom he was most closely attended. But that most dreaded of all diseases incident to this climate had too great a hold on his really delicate frame, and death claimed him as its own. The funeral, which took place on the 28th instant, was a double one, as another old citizen, Col. E.A. Rigg, died on the same day and of the same disease. The funeral drew out almost the entire population of town, and many people from Tombstone. The Rev. Mr. Tuttle preached the funeral sermon at the house and read the burial service at the grave, and as he repeated the mournful and sadly familiar refrain of ‘Dust to dust, ashes to ashes,’ one could but hope that in our friend Petty’s case his spirit was, in the words of the hymn sung at his grave—nearer his God. For Mr. Petty, although we believe not a member of any church, was yet a firm believer in those grand mysteries of life and death, a supreme God and the immortality of the soul. Mr. Petty had a large circle of warmly attached friends. He was a man of great social qualities; ever gay and light–hearted, he was the life of all companies he mingled with. While no one enjoyed more keenly than Mr. Petty a ball or social gathering, he was ever ready and prompt in his business engagements, and also as ready and prompt to relieve with sympathy and purse any of the less fortunate of his fellow men. Mr. Petty was a bachelor, but we believe has relatives living near Leavenworth, Kansas, and a brother living in Placerville, Cal. To those relatives the friends of Mr. Petty here desire to offer their heartfelt sympathy and regrets, and wish them to know that in this far-off land their dear one had many friends gained by his worth, who dropped many a tear over his grave. Farewell, kind heart, and rest in peace. A.W.C.”
A DIARIST PAYS CONTENTION A VISIT
Tucson diarist George Hand would soon visit Rigg’s grave, remembering him well. He may have also remembered this entry that he wrote about Rigg twenty years earlier: Lieut. Col. E.A. Rigg, formerly Major, is not as well liked as some others. His short name is ‘Blue Wing.’ He has done well so far but loves whiskey in too large quantities. That, however, is a fault of very many smart men. He has always been in command of responsible posts while Major. I have never heard of anything bad brought against him except his love of rum. He has very many friends in the First Regiment and none hesitate to say that he is superior to any of the Field Officers of the 5th. I have no fault with him and am pleased with his promotion. Carleton, West and Rigg have all seen service and stood the fire of the enemy.”
ANOTHER DEATH AT CONTENTION, ILLNESS, AND A BROKEN HEART
Less than a week later, Contention would again be hit with a loss of one of its own, the wife of Contention Hotel owner L.W. Meyers, a much loved member of the community. “Died at Contention City, A.T., Jan. 29, 1882, Mrs. L.W. Myers.
“Mrs. Myers was born in Wales, Great Britain, and came to the United States at an early age. She has living in the East a father, mother and sisters, to whose tender care all that was mortal of the lady was sent for interment. Her pure spirit, we well know, has its reward in heaven for her good and self-denying life here.”
“Mrs. Myers was born in Wales, Great Britain, and came to the United States at an early age. She has living in the East a father, mother and sisters, to whose tender care all that was mortal of the lady was sent for interment. Her pure spirit, we well know, has its reward in heaven for her good and self-denying life here.”
A CRIME CONSIDERED CRUEL BY EVEN CHARLESTON STANDARDS
“Mrs. Myers came to Arizona to join her husband and son, from whom she had been separated a year, in 1881. Her desire to see these dear ones overcame her natural reluctance in leaving a comfortable and refined home in the East, where she was surrounded by relatives and friends, to brave the discomforts of Arizona life. Mrs. Myer was a woman of superior culture, possessing great sympathy for others. Her kindness even extended to the brute creation. We remember one instance: She owned a little colt; its mother having died, Mrs. Myers raised the colt by hand, feeding it herself on milk; when half grown it was a great pet. About two weeks before Mrs. Myers’ death some inhuman wretch stabbed the unoffending animal and killed it; this affected Mrs. Myers’ sensitive nature very keenly, and she wept for days afterwards, and the mention of the subject would bring tears to her eyes.”
“We can well imagine the poignant and deep-felt grief nigh hopeless that filled the breasts of husband and son in losing such a warm hearted wife and mother.
“Mrs. Myers was taken ill about Jan. 23. Her disease was one of long standing, and of such a nature that little could be done to alleviate her sufferings, although closely watched by her physician, Dr. J.G. Barney, and also by many kind friends, ladies of this town. She died in comparative freedom from pain, we believe and hope, in expectation of a crown hereafter. She was a member of the Episcopal church…In concluding this short obituary of one so dearly loved by her relatives and so universally liked and respected by her many friends, East, at this place and at Tombstone, we are requested to say in behalf of her husband and son that they desire to give to the ladies of Contention their most sincere and grateful thanks for their kindness to her while yet living and rendering the last sad offices for their wife and mother. A.W.C.”
Along with the sadness of the death of Mrs. Myers, Contention continued to see progress as a transportation hub, offering connections between the stage coach of old, and the railroad of the new. Sandy Bob Crouch was a substantial player in the stage business, and adjusted his schedule for the benefit of the Tombstone traveler, and the railroad. “The following is the time on which the stages of Sandy Bob’s popular line, carrying the U.S. mails, will hereafter run between this city and Contention: Leave for the East…5:30 a.m. Leave for the West…12:30 p.m. Arrive from the East at…7:30 p.m. Arrive from the West at…11:30 a.m.”
In part, the story of Mrs. Myers’ devotion to the care of the colt which had lost its mother, only to see it stabbed to death in a hateful act of violence, showed the best and worst that Contention City had to offer. And in between those two extremes, Contention played host to advanced milling engineers, laborers and shopkeepers, honest ranchers and ruthless cattle thieves. Its new designation as a railroad terminus brought workers to build and later operate the train, and travelers seeking Tombstone or Guaymas in Mexico as their destinations. This would give Contention City a continuing series of remarkable contrasts, unusual for a settlement of less than 500 souls contained in its boundary at its peak. The intermittent clash of these varied groups, as well as in other cases, their assimilation as a community, gave Contention its fascinating persona, and a short lived, but powerful prosperity.
A Tombstone freighter and corral owner had reason to look forward to the upcoming year of 1882. “The contract for hauling Grand Central and Contention ore for the coming year has been awarded to J.E. Durkee.”
“We can well imagine the poignant and deep-felt grief nigh hopeless that filled the breasts of husband and son in losing such a warm hearted wife and mother.
“Mrs. Myers was taken ill about Jan. 23. Her disease was one of long standing, and of such a nature that little could be done to alleviate her sufferings, although closely watched by her physician, Dr. J.G. Barney, and also by many kind friends, ladies of this town. She died in comparative freedom from pain, we believe and hope, in expectation of a crown hereafter. She was a member of the Episcopal church…In concluding this short obituary of one so dearly loved by her relatives and so universally liked and respected by her many friends, East, at this place and at Tombstone, we are requested to say in behalf of her husband and son that they desire to give to the ladies of Contention their most sincere and grateful thanks for their kindness to her while yet living and rendering the last sad offices for their wife and mother. A.W.C.”
Along with the sadness of the death of Mrs. Myers, Contention continued to see progress as a transportation hub, offering connections between the stage coach of old, and the railroad of the new. Sandy Bob Crouch was a substantial player in the stage business, and adjusted his schedule for the benefit of the Tombstone traveler, and the railroad. “The following is the time on which the stages of Sandy Bob’s popular line, carrying the U.S. mails, will hereafter run between this city and Contention: Leave for the East…5:30 a.m. Leave for the West…12:30 p.m. Arrive from the East at…7:30 p.m. Arrive from the West at…11:30 a.m.”
In part, the story of Mrs. Myers’ devotion to the care of the colt which had lost its mother, only to see it stabbed to death in a hateful act of violence, showed the best and worst that Contention City had to offer. And in between those two extremes, Contention played host to advanced milling engineers, laborers and shopkeepers, honest ranchers and ruthless cattle thieves. Its new designation as a railroad terminus brought workers to build and later operate the train, and travelers seeking Tombstone or Guaymas in Mexico as their destinations. This would give Contention City a continuing series of remarkable contrasts, unusual for a settlement of less than 500 souls contained in its boundary at its peak. The intermittent clash of these varied groups, as well as in other cases, their assimilation as a community, gave Contention its fascinating persona, and a short lived, but powerful prosperity.
A Tombstone freighter and corral owner had reason to look forward to the upcoming year of 1882. “The contract for hauling Grand Central and Contention ore for the coming year has been awarded to J.E. Durkee.”
THE EARP STORY HEATS UP AGAIN, SOON HEADS TO CONTENTION
On January 30th, 1882, Ike and Phin Clanton were summoned to the Tombstone district court of Judge Stillwell, having been “accused of assault to commit murder, the specific offense being the waylaying and shooting of Virgil Earp some weeks ago. This warrant of arrest had been placed in the hands of J. H. Jackson, who was not deputized either as Deputy Marshal or Deputy Sheriff, and consequently it was held by the defense that he had no right to take or hold any one in custody. Judge Alexander Campbell moved for the dismissal of the accused…”
Wyatt Earp’s attorney, William Herring, argued against the Clantons in the case, and when the subject of bail arose, he pressed the judge for a large amount. As the day’s arguments came to a close, the judge stated, “‘They will be admitted to bail. What sum do you want fixed?’ Mr. Herring: ‘The offense is a grave one. The party alleged to have been assailed by these parties is lying dangerously i[l]l—so dangerous that death may ensue….We think under the circumstances that the bail should be at least five thousand dollars.”
Wyatt Earp’s attorney, William Herring, argued against the Clantons in the case, and when the subject of bail arose, he pressed the judge for a large amount. As the day’s arguments came to a close, the judge stated, “‘They will be admitted to bail. What sum do you want fixed?’ Mr. Herring: ‘The offense is a grave one. The party alleged to have been assailed by these parties is lying dangerously i[l]l—so dangerous that death may ensue….We think under the circumstances that the bail should be at least five thousand dollars.”
Arguing for Clanton, attorney Campbell countered that “It is higher bail than usual. I do not think it is a reasonable sum. We would like to see the affidavit.” Judge Stillwell responded that “The affidavit is at Chambers,” to which Campbell replied, “It is made by Wyatt Earp. Is it made on information or of his direct knowledge, because that makes a difference. It is hardly supposable that he saw this event [the shooting of Virgil on December 28th, 1881]…” Stillwell responded with a bail of $1,500. Campbell, pressing the advantage gained added, “I suppose these gentlemen [can] go into the custody of the Sheriff. He is the only officer that I know of that is authorized to retain them.” And with that, Ike and Phin Clanton were turned over to Sheriff Behan, whom the Earps and their supporters saw as sympathetic toward them and others of the cowboy gang.
Wyatt Earp claimed that Judge Stillwell urged him to pursue other than legal means in dealing with the ongoing feud. “Wyatt, the next time don’t bring in any prisoners alive!”
Wyatt Earp claimed that Judge Stillwell urged him to pursue other than legal means in dealing with the ongoing feud. “Wyatt, the next time don’t bring in any prisoners alive!”
Above and below, photos of Judge William H. Stilwell, whom Wyatt Earp claimed had advised him to not “bring in any prisoners alive!” Both images courtesy of Roy B. Young.
THE EARPS ARRIVE AT CONTENTION
The gunfight had taken place October 26th, 1881, and the Spicer hearing which followed soon after left the Earps free men, though still close to trouble as long as they remained in the area. The December 14th, 1881 near shooting of John Clum was then followed by a serious wounding of Virgil Earp on December 28th, 1881. The tensions never dissipated, but rather continued to escalate.
By February 3rd, 1882, Ike and Phin Clanton were free men once again. “The Clantons and their friend took their departure from the city yesterday, having been honorably acquitted of the charges against them.” With his new-found liberty, Ike would soon travel to Contention City. It was now his turn to draw the Earps into court. If Wyatt could force the Clantons to come before a judge in Tombstone, Ike would force Wyatt, Morgan, and Doc Holliday to appear before a judge in Contention, the Earp drama now arriving at its doors.
By February 3rd, 1882, Ike and Phin Clanton were free men once again. “The Clantons and their friend took their departure from the city yesterday, having been honorably acquitted of the charges against them.” With his new-found liberty, Ike would soon travel to Contention City. It was now his turn to draw the Earps into court. If Wyatt could force the Clantons to come before a judge in Tombstone, Ike would force Wyatt, Morgan, and Doc Holliday to appear before a judge in Contention, the Earp drama now arriving at its doors.
At Clanton’s request, Justice J.B. Smith issued an arrest warrant against the Earps and Doc Holliday for the deaths of Billy Clanton, along with Frank and Tom McLaury. It was a case that had already been tried before Judge Spicer in Tombstone, and the local Grand Jury had chosen not to take it up, effectively freeing the Earps and Holliday from their legal woes following the fight, at least for a time. James Bennett Smith traveled back and forth between Contention City, and after Fairbank was formed, he would reside as a Justice of the Peace there as well. Smith was fifty five years old in 1882, and he was about to play host to an unusual court proceeding, even by the standards set in the old west.
The court filing by Ike Clanton, and Smith’s subsequent arrest warrant for the Earps and Doc Holliday, constituted a legal occasion which had little chance of success. Speculation at the time and since has asserted that the real motive was to lure the Earps out onto the stage road that ran between Tombstone and Contention, which clearly offered many fine locations for possible ambush. “Wyatt Earp, Morgan Earp, and Doc Holliday were arrested yesterday on a warrant sworn out at Contention before Justice Smith, at the instance of Joseph Isaac Clanton. The charge upon which they were arrested, we are informed, was but a renewal of the one under which they were arrested last fall for the shooting affray in Fremont street. They were taken before Court Commissioner Drum last night to effect their release on a writ of habeas corpus, and the matter taken under further advisement until this morning. If it is a fact that this warrant has been allowed to issue without new evidence to warrant it, the code of right that protects all alike has been violently infringed. Cleared by a lengthy examination before a magistrate and then by a grand jury, it is only in the province of another grand jury to take up the case, unless new evidence is brought forward before the issuance of a warrant.”
Instead of arguing against Smith’s arrest warrant, Earp attorney Herring would argue that Justice Smith of Contention was not officially an office holder, and therefore had no authority to make such a decision. The Nugget covered this event. “WRIT OF HABEAS CORPUS DENIED. The Earps and Doc Holliday Examination to be Held Before Justice Smith at Contention. The application of Morgan Earp, Virgil Earp, Wyatt Earp and J.H. Holliday for a writ of habeas corpus was heard before Probate Judge J.H. Lucas yesterday morning, at 10 o’clock, in the District Court, Messrs. Robinson and Ben Goodrich appearing for the prosecution, and Wm. Herring on behalf of the applicants. In order to do away with unnecessary argument and time, it was agreed among counsel that it should be stipulated that the merits of the case should be decided upon the question, as put forward by Mr. Herring, whether or not J.B. Smith, the Justice of the Peace of Charleston [Contention], who issued the warrants for the arrest of the applicants, was legally constituted and duly authorized Justice of the Peace. After hearing lengthy arguments on both sides the Judge decided that he was a duly authorized Justice of the Peace, having received his appointment from the Board of Supervisors, February 1, and within ten days after his appointment had filed his official bond and taken the oath of office, and in view of these facts the Court Commissioner denied the return of the writ and remanded the prisoners to the custody of the Sheriff, and their examination on the charge of the murder of Wm. Clanton will be commenced at 12 [p.] m. to-day, at Contention, before Justice J.B. Smith.”
The court filing by Ike Clanton, and Smith’s subsequent arrest warrant for the Earps and Doc Holliday, constituted a legal occasion which had little chance of success. Speculation at the time and since has asserted that the real motive was to lure the Earps out onto the stage road that ran between Tombstone and Contention, which clearly offered many fine locations for possible ambush. “Wyatt Earp, Morgan Earp, and Doc Holliday were arrested yesterday on a warrant sworn out at Contention before Justice Smith, at the instance of Joseph Isaac Clanton. The charge upon which they were arrested, we are informed, was but a renewal of the one under which they were arrested last fall for the shooting affray in Fremont street. They were taken before Court Commissioner Drum last night to effect their release on a writ of habeas corpus, and the matter taken under further advisement until this morning. If it is a fact that this warrant has been allowed to issue without new evidence to warrant it, the code of right that protects all alike has been violently infringed. Cleared by a lengthy examination before a magistrate and then by a grand jury, it is only in the province of another grand jury to take up the case, unless new evidence is brought forward before the issuance of a warrant.”
Instead of arguing against Smith’s arrest warrant, Earp attorney Herring would argue that Justice Smith of Contention was not officially an office holder, and therefore had no authority to make such a decision. The Nugget covered this event. “WRIT OF HABEAS CORPUS DENIED. The Earps and Doc Holliday Examination to be Held Before Justice Smith at Contention. The application of Morgan Earp, Virgil Earp, Wyatt Earp and J.H. Holliday for a writ of habeas corpus was heard before Probate Judge J.H. Lucas yesterday morning, at 10 o’clock, in the District Court, Messrs. Robinson and Ben Goodrich appearing for the prosecution, and Wm. Herring on behalf of the applicants. In order to do away with unnecessary argument and time, it was agreed among counsel that it should be stipulated that the merits of the case should be decided upon the question, as put forward by Mr. Herring, whether or not J.B. Smith, the Justice of the Peace of Charleston [Contention], who issued the warrants for the arrest of the applicants, was legally constituted and duly authorized Justice of the Peace. After hearing lengthy arguments on both sides the Judge decided that he was a duly authorized Justice of the Peace, having received his appointment from the Board of Supervisors, February 1, and within ten days after his appointment had filed his official bond and taken the oath of office, and in view of these facts the Court Commissioner denied the return of the writ and remanded the prisoners to the custody of the Sheriff, and their examination on the charge of the murder of Wm. Clanton will be commenced at 12 [p.] m. to-day, at Contention, before Justice J.B. Smith.”
A CONTENTION COURT ROOM THAT RESEMBLES AN ARSENAL
The Earps and Doc Holliday traveled with their attorney to Contention and argue their case before Smith. Based on her conversations with Wyatt Earp, Forrestine Hooker reported this version of the proceedings in the Contention Courtroom. “A vacancy occurred through the death of the Justice of Peace at Contention, Cochise County, tem [ten] miles from Tombstone. This position had to be filled by the Supervisors, and a man named [Milt] Joyce, at that time one of the Supervisors, was not over friendly toward Wyatt Earp. The appointment of the new Justice of Peace was largely a matter of Joyce’s selection. So it was no surprise to Earp and his friends when the newly appointed Justice of Peace caused the re-arrest of Wyatt Earp on the very same charge of which he had just been acquitted in Tombstone. The new case was called for trial in Contention…Knowing the character of the Clanton followers, there was real ground to believe that this new move was merely a ruse. An attack, or shot from ambush would settle the matter out of court on the way to Contention.
“Sheriff Behan was to escort Earp to Contention. Behan made an effort to have Earp give up his arms, but Earp flatly refused to part with them. Behan did not persist. Then Behan discovered that twelve reputable citizens, all armed with Winchesters, had formed an escort for Wyatt Earp during the ten-mile drive to Contention. Judge Herring, [whose] gun was ready to be used, sat in his buggy and beside him sat his sixteen-year old daughter, who was her father’s chum on all occasions. In her hands was gripped her own gun. She had refused to remain behind, and said she could follow alone, if he did not take her with him. He knew she would do it, too. Each bush and bit of rock was scanned sharply, and if there were any concealed enemies of Earp’s, the armed escort caused ignominious failure of their plans. When the cavalcade reached the embryonic town, the Sheriff of the County presented the incongruous spectacle of marching into the Court room with a fully armed Deputy United States Marshall, as prisoner, and behind the prisoner filed twelve reputable citizens of the County seat, among them the daughter of a Judge, each and everyone carried a Winchester which was carefully set against the wall of the Court room before the astonished eyes of the newly-appointed Justice of [the] Peace.
“Then that Justice of [the] Peace was confronted by a famous attorney, Judge Herring, who had presided over higher tribunals than mere Justice Courts. Judge Herring stood looking steadily into the face of the presiding Justice. There was not a whisper in the room. Spectators leaned forward tensely as Judge Herring’s voice cut the silence.
‘Your Honor, (was there a tinge of sarcasm on that word?) ‘We come here for law, but we will fight—if we have to!’
“With those preliminary words Judge Herring began an impassioned protest against the unnecessary trip away from the County seat, [Tombstone] the place where the alleged violation of law had occurred, and the inconvenience of being compelled to remain an indefinite time in Contention with Tombstone only a few miles distant. At the end of Judge Herring’s address, the Justice, with a comprehensive glance at the faces of the Earp escort, and an apprehensive look at the grim array of Winchesters along the wall, decided astutely, ‘I will transfer the case to Tombstone for trial.’”
“Sheriff Behan was to escort Earp to Contention. Behan made an effort to have Earp give up his arms, but Earp flatly refused to part with them. Behan did not persist. Then Behan discovered that twelve reputable citizens, all armed with Winchesters, had formed an escort for Wyatt Earp during the ten-mile drive to Contention. Judge Herring, [whose] gun was ready to be used, sat in his buggy and beside him sat his sixteen-year old daughter, who was her father’s chum on all occasions. In her hands was gripped her own gun. She had refused to remain behind, and said she could follow alone, if he did not take her with him. He knew she would do it, too. Each bush and bit of rock was scanned sharply, and if there were any concealed enemies of Earp’s, the armed escort caused ignominious failure of their plans. When the cavalcade reached the embryonic town, the Sheriff of the County presented the incongruous spectacle of marching into the Court room with a fully armed Deputy United States Marshall, as prisoner, and behind the prisoner filed twelve reputable citizens of the County seat, among them the daughter of a Judge, each and everyone carried a Winchester which was carefully set against the wall of the Court room before the astonished eyes of the newly-appointed Justice of [the] Peace.
“Then that Justice of [the] Peace was confronted by a famous attorney, Judge Herring, who had presided over higher tribunals than mere Justice Courts. Judge Herring stood looking steadily into the face of the presiding Justice. There was not a whisper in the room. Spectators leaned forward tensely as Judge Herring’s voice cut the silence.
‘Your Honor, (was there a tinge of sarcasm on that word?) ‘We come here for law, but we will fight—if we have to!’
“With those preliminary words Judge Herring began an impassioned protest against the unnecessary trip away from the County seat, [Tombstone] the place where the alleged violation of law had occurred, and the inconvenience of being compelled to remain an indefinite time in Contention with Tombstone only a few miles distant. At the end of Judge Herring’s address, the Justice, with a comprehensive glance at the faces of the Earp escort, and an apprehensive look at the grim array of Winchesters along the wall, decided astutely, ‘I will transfer the case to Tombstone for trial.’”
JUDGE SMITH AT CONTENTION GOT MORE THAN HE BARGAINED FOR
Now Smith was sending back to Tombstone what he had begun at Contention. “Back again rode Sheriff Behan, Wyatt Earp and the twelve armed men, and in their midst was a buggy driven by Judge Herring while his plucky little daughter sat alertly beside him. In Tombstone a writ of habeas corpus had already been secured and the prompt release of Wyatt Earp followed, much to the delight of those who had stood loyally by him in his determination to do his duty.”
“Yesterday was a lively day in the Earp-Holliday case. Judge Smith came up from Contention, and opened court at 10 a.m., when the case was taken up on a technical point and ably argued by William Herring, Esq., for the defendants and Judge Robinson for the prosecution. At the close of the arguments Judge Smith took the matter under advisement until 4 o’clock, to which hour he adjourned court. In the mean time a writ of habeas corpus was issued by J.H. Lucas, Esq., probate judge, returnable forthwith. The points upon which the writ was issued were argued by Mr. Herring and against Ben Goodrich, Esq. Upon mature deliberation Judge Lucas sustained the writ. The full text of the decision will be found in another column, and will be read with interest by the entire community. It is an able document and settles, we trust, for all time in this county, the question as to how many times a person may be arrested on the same charge.”
As Parsons wrote, “Yesterday Earps were taken to Contention to be tried for the killing of Clanton. Quite a posse went out. Many of Earp’s friends accompanied armed to the teeth. They came back later in the day, the good people below [Contention City] beseeching them to leave and try case here. A bad time is expected in town [Tombstone] at any time. Earps on one side of street with their friends and Ike Clanton and Ringo with theirs’ on the other side-watching each other. Blood will surely come. Hope no innocents will be killed.
Legal attempts against the Earps and Holliday had failed for the last time, and soon the ambush tactic used against Virgil Earp would be visited upon brothers Wyatt and Morgan, the latter suffering the ultimate price for this ongoing feud.
“Yesterday was a lively day in the Earp-Holliday case. Judge Smith came up from Contention, and opened court at 10 a.m., when the case was taken up on a technical point and ably argued by William Herring, Esq., for the defendants and Judge Robinson for the prosecution. At the close of the arguments Judge Smith took the matter under advisement until 4 o’clock, to which hour he adjourned court. In the mean time a writ of habeas corpus was issued by J.H. Lucas, Esq., probate judge, returnable forthwith. The points upon which the writ was issued were argued by Mr. Herring and against Ben Goodrich, Esq. Upon mature deliberation Judge Lucas sustained the writ. The full text of the decision will be found in another column, and will be read with interest by the entire community. It is an able document and settles, we trust, for all time in this county, the question as to how many times a person may be arrested on the same charge.”
As Parsons wrote, “Yesterday Earps were taken to Contention to be tried for the killing of Clanton. Quite a posse went out. Many of Earp’s friends accompanied armed to the teeth. They came back later in the day, the good people below [Contention City] beseeching them to leave and try case here. A bad time is expected in town [Tombstone] at any time. Earps on one side of street with their friends and Ike Clanton and Ringo with theirs’ on the other side-watching each other. Blood will surely come. Hope no innocents will be killed.
Legal attempts against the Earps and Holliday had failed for the last time, and soon the ambush tactic used against Virgil Earp would be visited upon brothers Wyatt and Morgan, the latter suffering the ultimate price for this ongoing feud.
WAS WYATT EARP CORRECT ABOUT THE APPOINTMENT OF JUDGE SMITH?
The timing of Justice Smith’s appointment did not serve the Earps and Doc Holliday well, as Smith had only held this office a scant nine days when he issued the arrest warrant on behalf of Ike Clanton. It was on February 1st, 1882, that the Cochise County Board of Supervisors had appointed Smith to this position, and he very quickly inserted himself into the Earp controversies. It has been implied that Smith’s appointment pleased Milt Joyce, an open Earp opponent. Smith could have turned down Ike Clanton’s request, a request that was quickly dismissed by another court in Tombstone, but chose not to. The Smith appointment also signaled a change in the party of the Justice of the Peace at Contention. Smith was appointed in the wake of the death of Justice Rigg, who was not a democrat. “Among the visitors in town [Tombstone] yesterday we noticed Mr. George McKenny and his father; also Col. E. Riggs, of Contention. The Colonel is an ardent Republican, and predicts a rousing majority for his party…”
Wyatt Earp believed that much of the trouble between himself and Milt Joyce stemmed from his friendship with Doc Holliday, by no means the most popular person in Tombstone, or the Arizona Territory for that matter. Referring to Democrat Johnny Behan and others against him, Earp later added that “whenever they got a chance to hurt me over Holliday’s shoulders they would do it…on one occasion he got into some trouble with part of the combination that was against me, Joyce, and his partner, and he shot Joyce in the hand and the other fellow in the foot and of course that made them pretty sore against Holliday. But they knew that I was Holliday’s friend and they tried to injure me every way they could.”
The Nugget reported on this incident which occurred on Sunday evening, October 10, 1880. Wyatt’s close associate Doc Holliday got into a row in the Oriental Saloon, an incident that Milt Joyce would not forget. “Sunday night a dispute arose in the Oriental Saloon between John Tyley and Doc Holliday, two well-known sports, and a scene of bloodshed was imminent. Mutual friends, however, separated and disarmed both, and Tyler went away, Holliday remaining at the saloon. M.E. Joyce, one of the proprietors, remonstrated with Holliday about creating a disturbance in the saloon and the conversation resulted in Holliday being bodily fired out by Joyce. The former came in and demanded his pistol from behind the bar, where it had been placed by the officer who disarmed him. It was not given him and he went out, but in a short time…returned and walked toward Joyce, who was just coming from behind the bar, and with a remark that wouldn’t look well in print, turned loose with a self-cocker. Joyce was not more than ten feet away and jumped for his assailant and struck him over the head with a six-shooter, felling him to the floor and lighting on top of him. Officers White and Bennett were near at hand and separated them, taking the pistols from each. Just how many shots were fired none present seem about to tell but in casting up accounts Joyce was found to be shot through the hand, his partner, Mr. Parker, who was behind the bar, shot through the big toe of the left foot, and Holliday with a-blow of the pistol in Joyce’s hands…All the parties directly implicated are still in bed and no direct arrests have been made, although a complaint has been entered against Holliday and he will be brought before Justice Reilly as soom[n] as he is able to appear, probably to-day.”
The Republicans at the Epitaph were quick to point out the larger issue as to the appointments made by Joyce while in office. “Mr. Joyce has a political future before him. But we tell him very frankly that he is making a very bad start. He is favoring his personal friends in opposition to the general sentiment of the public, and he is furthering his own material interests to the detriment of the county’s interest.”
The Earp’s visit to the Contention City courtroom was but one more connection between the events in Tombstone and the nearby milling satellites along the San Pedro River. When viewing the entire Tombstone/Earp saga, Contention City as well as other riverfront locales now takes their integral part in that much larger story.
Wyatt Earp believed that much of the trouble between himself and Milt Joyce stemmed from his friendship with Doc Holliday, by no means the most popular person in Tombstone, or the Arizona Territory for that matter. Referring to Democrat Johnny Behan and others against him, Earp later added that “whenever they got a chance to hurt me over Holliday’s shoulders they would do it…on one occasion he got into some trouble with part of the combination that was against me, Joyce, and his partner, and he shot Joyce in the hand and the other fellow in the foot and of course that made them pretty sore against Holliday. But they knew that I was Holliday’s friend and they tried to injure me every way they could.”
The Nugget reported on this incident which occurred on Sunday evening, October 10, 1880. Wyatt’s close associate Doc Holliday got into a row in the Oriental Saloon, an incident that Milt Joyce would not forget. “Sunday night a dispute arose in the Oriental Saloon between John Tyley and Doc Holliday, two well-known sports, and a scene of bloodshed was imminent. Mutual friends, however, separated and disarmed both, and Tyler went away, Holliday remaining at the saloon. M.E. Joyce, one of the proprietors, remonstrated with Holliday about creating a disturbance in the saloon and the conversation resulted in Holliday being bodily fired out by Joyce. The former came in and demanded his pistol from behind the bar, where it had been placed by the officer who disarmed him. It was not given him and he went out, but in a short time…returned and walked toward Joyce, who was just coming from behind the bar, and with a remark that wouldn’t look well in print, turned loose with a self-cocker. Joyce was not more than ten feet away and jumped for his assailant and struck him over the head with a six-shooter, felling him to the floor and lighting on top of him. Officers White and Bennett were near at hand and separated them, taking the pistols from each. Just how many shots were fired none present seem about to tell but in casting up accounts Joyce was found to be shot through the hand, his partner, Mr. Parker, who was behind the bar, shot through the big toe of the left foot, and Holliday with a-blow of the pistol in Joyce’s hands…All the parties directly implicated are still in bed and no direct arrests have been made, although a complaint has been entered against Holliday and he will be brought before Justice Reilly as soom[n] as he is able to appear, probably to-day.”
The Republicans at the Epitaph were quick to point out the larger issue as to the appointments made by Joyce while in office. “Mr. Joyce has a political future before him. But we tell him very frankly that he is making a very bad start. He is favoring his personal friends in opposition to the general sentiment of the public, and he is furthering his own material interests to the detriment of the county’s interest.”
The Earp’s visit to the Contention City courtroom was but one more connection between the events in Tombstone and the nearby milling satellites along the San Pedro River. When viewing the entire Tombstone/Earp saga, Contention City as well as other riverfront locales now takes their integral part in that much larger story.
The above information is in part excerpted from On the Road to Tombstone, by John D. Rose, published in 2012. This is the first book devoted in great detail to not only the Fairbank Train Robbery, but also the town of Fairbank, Contention City, and legendary Drew’s Station. For more on this story and other research breakthroughs, this book is available at https://www.createspace.com/3952635 as well as Amazon.com.
Copyright 2015, 2016, 2017. John D. Rose