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Tombstone,
Arizona Historical Text |
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October 29, 1881, Coroner's
Inquest, Testimony of
Sheriff Behan, published in the
Tombstone Epitaph
"Investigation into the Cause of the Recent Killing
Following
is a verbatim copy of the testimony given before the Coroner's Jury in
relation to the killing of the
McLaury brothers and
Clanton, up to the
time of adjournment, last evening. At the rate of progress made yesterday,
the investigation is liable to last for a week.
The
Coroner's Jury was composed of the following: T.P. Hudson, D. Calisher, M.
Garrett, S.B. Comstock, J.C. Davis, Thomas Moses, C.D. Reppy, F. Hafford,
George H. Haskell, M. S. Goodrich.
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John
H. Behan |
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' John
H. Behan, being sworn
says; I am Sheriff, and reside in
Tombstone,
Cochise County,
Arizona;
I know the defendants
Wyatt Earp,
and
John
H. Holliday; I know Virg and
Morg Earp; I knew
Thomas McLaury,
Frank McLaury, and
William Clanton; I was in
Tombstone
October 26, when a difficulty, or shooting affray took place between the
parties named. The first I knew that there was likely to be any trouble, I
was sitting in a chair getting shaved in a barber shop; it was about half
past one or two, it may have been later, but not much; saw a crowd
gathering on the corner of Fourth and Allen Streets; someone in the shop
said there was liable to be trouble between
Clantons and the
Earps; there
was considerable said about it in the shop and I asked the barber to hurry
up and get through, as I intended to go out and disarm and arrest the
parties; after I had finished in the barber shop I crossed over to
Hafford's corner; saw Marshal Earp
standing there and asked what was the excitement;
Marshal Earp is
Virgil Earp; he said there [were] a lot
of s---s of b---s in town looking for a fight; he did not mention any
names; I said to Earp you had better disarm the crowd; he said he would
not, he would give them a chance to make the fight; I said to him: It is
your duty as a Peace Officer to disarm them rather than encourage the
fight; don't remember what reply he gave me, but I said I was going down
to disarm the boys
I meant any parties connected with the
cowboys who had arms;
Marshal Earp at that time was standing in
Hafford's door; several people were around him; I don't know who;
Morgan Earp
and
Doc Holliday
were then standing out near the middle of the street, at or near the
intersection of Allen and Fourth Streets; I saw none other of the
defendants there; Virgil Earp had a
shotgun; with the muzzle touching the door-sill, down at his side; I did
not see arms on the others at the time; I then went down Fourth Street to
the corner of Fremont, and I met there
Frank McLaury holding a horse and talking to somebody; I
greeted him; I said to him: I told
McLaury that I would have to
disarm him, as there was likely to be trouble in town and I propose to
disarm everybody in town that had arms. He said he would not give up his
arms as he did not intend to have trouble; I told him that he would have
to give up his pistol, all the same; I may have said gun, as gun and
pistol are synonymous terms; about that time I saw
Ike Clanton
and
Tom McLaury down the street below Fly's Photography Gallery; I said to
Frank,
'Come with me;' we went down to where
Ike Clanton and Tom were standing; I
said to the boys, 'You must give up your arms!'
Billy Clanton and
Will Claiborne; I said to them, 'Boys
you have got to give up your arms.'
Frank McLaury demurred; I don't know exact language; he did not seem inclined,
at first, to give up his arms. Ike told me he did not have any arms.
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Frank McLaury

Tom McLaury |
I put my
arm around his waist to see if he was armed, and found he was not;
Tom McLaury showed me by pulling his coat open, that he was not armed, I saw
five standing there and asked them how many there were of them; they said
four of us; this young man,
Claiborne said he was not one of the party; he
wanted them to leave town; I said boys you must go up to the Sheriff's
office and take off your arms and stay there until I get back; I told them
I was going to disarm the other party; at that time I saw
[the]
Earps and
Holliday coming down the sidewalk, on the south side of Fremont
Street; they were a little below the post office;
Virgil, Morgan and
Wyatt Earp
and
Doc Holliday
were the ones; I said to the Clantons wait there for awhile, I see them
coming down, I will go and stop them; I walked up the street twenty-two or
twenty-three steps and met them at Bauer's Butcher Shop, under the awning,
in front, and told them not to go any farther, that I was down there for
the purpose of arresting and disarming the
McLaurys and Clantons; they
did not heed me and I threw up my hands and said go back, I'm the Sheriff
of this county and am not going to allow any trouble if I can help it;
they brushed past me and I turned and went with them, or followed them two
steps or so in the rear as they went down the street, expostulating with
them all the time; when they arrived within a very few feet of the
Clantons and
McLaurys I heard one of them say I think it was
Wyatt Earp.
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"You s---s of b---s you have
been looking for a fight and now you can have it,' about that time I heard
a voice say 'Throw up your hands;' during this time I saw a nickel-plated
pistol pointed at one of the
Clanton party - I think
Billy - My impression
at the time was that
Doc Holliday
had nickel-plated pistol; I will not say for certain that
Holliday had it; these pistols I speak of were in the hands of
the Earp party; when the order was given, 'Throw up your hands,' I heard
Billy Clanton say, 'Don't shoot me, I don't want to
fight,'
Tom McLaury at
the same time threw open his coat and said, 'I have nothing,' or 'I am not
armed;' he made the same remark and the same gesture that he made to me
when he first told me he was not armed; I can't tell the position of
Billy Clanton's hands at the time he said, ' I don't want to fight,' my
attention was directed just at that moment to the nickel-plated pistol;
the nickel-plated pistol was the first to fire, and another followed
instantly; these two shots were not from the same pistol, they were too
nearly instantaneous to be fired from the same pistol; the nickel-plated
pistol was fired by the second man from the right; the second shot came
from the third man from the right. The fight became general.
Two of the three fired shots were very rapid after the first shop; by whom
I Do not Know; the first two shots fired by the
Earp party; I could not
say by whom; the next three shots I thought at the time came from the
Earp
party; this was my impression at the time from being on the ground and
seeing them; after the party said, 'Throw up your hands;' the
nickel-plated pistol went off immediately; I think
V.W. Earp said, 'Throw
up your hands;' there was a good deal of fighting and shouting going on. I
saw
Frank McLaury staggering on the street with one hand on his belly and
his pistol in his right; I saw him shoot at
Morgan Earp,
and from the direction of his pistol should judge that the shot went in
the ground; he shot twice there in towards Fly's Building at
Morgan Earp,
and he started across the street; heard a couple of shots from that
direction; did not see him after he got about half way across the street;
then heard a couple of shots from his direction; looked and saw
McLaury
running and a shot was fired and he fell on his head; heard
Morg say, 'I
got him;' there might have been a couple of shots afterwards; but that was
about the end of the fight; I can't say I knew the effect of the first two
shots; the only parties I saw fall were
Morg Earp and
Frank McLaury. My
impression was that the nickel-plated pistol was pointed at
Billy Clanton; the first man that I was certain that was
hit was
Frank McLaury, as I saw
him staggering and bewildered and knew he was hit; this shortly after the
first five shots; I never saw any arms in the hands of any of the
McLaury
party except
Frank McLaury and
Billy Clanton; saw
Frank McLaury on the
sidewalk, within a very few feet of the inside line of the street; did not
see a pistol in the hands of any of the
McLaury party until 8 or 10 shots
had been fired;
Frank was the first of the party in whose hands I saw a
pistol;
Ike Clanton broke and ran after the first few shots were fired;
Ike, I think, went through Fly's Building; the last I saw of him he was
running through the back of Fly's Building towards Allen Street.'
At the conclusion of the above
testimony the court adjourned until 9 o'clock this morning.
October 28, 1881 - Tombstone Nugget
"An
Imposing Funeral: While it was not entirely expected, the funeral of
Billy Clanton and
Thomas and
Frank McLaury, yesterday, was the largest ever
witnessed in
Tombstone.
It was advertised to take place at 3 o'clock, but it was about 4 o'clock
before the cortege moved, yet a large number had gathered at the
undertaker's long before the first time mentioned. The bodies of the three
men, neatly and tastefully dressed, were placed in handsome caskets with
heavy silver trimmings. Upon each was a silver plate bearing the name,
age, birthplace and date of the death of each. A short time before the
funeral, photographs were taken of the dead. The procession was headed by
the
Tombstone
brass band playing the solemn and touching march of the dead. The first
wagon contained the body of
Billy Clanton, followed by those of the
McLaury Boys. A few carriages came next in which were friends and
relatives of the deceased, among whom were Ike and Finn Clanton. After
these were about three hundred persons on foot, twenty-two carriages and
buggies and one four horse stage, and the horsemen, making a line nearly
two blocks in length. The two brothers were buried in one grave, and the
young
Clanton close by those who were his friends in life and companions
in death. The inscription upon the plates of the casket-s stated that
Thomas McLaury was 25 years of age,
Frank McLaury 29 years of age, both natives of Mississippi, and
that
William H. Clanton was 19 years of age
and a native of
Texas.
"Yet a little sleep, a little slumber, a little folding of the hands to
sleep."
October 30, 1881, Tombstone Nugget
"We, the
undersigned, a jury of inquest, after viewing the body and hearing
such testimony as has been submitted to us, find that the person was
Frank McLaury, 29 years of age came to his death in the
town of
Tombstone on the 26th day of October 1881, from gunshot wounds inflicted
by Virgil Earp,
Morgan Earp,
Wyatt Earp
and one
Holliday commonly known as
Doc Holliday. The verdict rendered in the case of
Wm. Clanton
Thomas McLaury
was the same as the above."
Continued
Next Page
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Also See:
John Henry
"Doc" Holliday - Deadly Doctor of the Frontier
Tombstone -
The Town Too Tough to Die
Tombstone Photo Gallery
Wyatt Earp -
Frontier Lawman of the American West
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Note: These are not always exact quotes, as spelling
errors and minor grammatical changes have been corrected.
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From the Rocky Mountain General Store
The All-American Cowboy Grill
by Cheryl Rogers-Barnett, Ken Beck, and Jim Clark
The All-American Cowboy Grill will blaze a new trail through the
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