I stayed to
meet
Doc Holliday.
The next thing they,
Virg and
Morg Earp, slipped up and disarmed me;
shortly after I met my brother; he asked me to go out of town; just then I
met the man that had our team; I told him to harness up; then I went to
get something left by my brother. We then went to where our team was; met
the sheriff there; he told us that he would have to arrest us and take our
arms off. I told him that we were just going to leave town; that I had no
arms on me; he then told
Billy, my brother, to take his arms up to his office,
Billy told him he was just leaving the town; the sheriff then
told
Frank and
Tom McLaury to take their arms off.
Tom McLaury then opened his coat and said, 'Johnny, I have
nothing.'
Frank said that he was leaving town, and that he would disarm
if the
Earps would; that he had business that he
would like to do before he left town. Just at that time
Doc Holliday
and the
Earps appeared on the sidewalk; the sheriff
stepped out to meet them; he told them that he had this party in charge;
they walked right by him. I stepped out and met
Wyatt Earp; he stuck his - six shooter at me and said, 'Throw up your
hands!' The marshal also told the other boys to throw up their hands;
Frank McLaury and
Billy Clanton threw up;
Tom McLaury threw open his coat and said he had nothing; they
said you's s--- of b---s came here to make a fight; at the same instant
Doc Holliday
and
Morgan Earp shot;
Morgan shot
Billy Clanton, and I don't know which of the boys he shot; I
saw
Virg shooting at the same time; I grabbed
Wyatt Earp
and pushed him around the corner and then ran through the photograph
gallery; at the same time I saw
Billy Clanton fall; when I got away.
All of us threw up our hands except
Tom McLaury, who threw open his coat saying that he had
nothing. There was some trouble between myself and the
Earps prior to this; there was nothing
between the other boys and the
Earps;
Doc Holliday
said I had used his name; I said I hadn't; I never had trouble with the
Earps; they don't like me; we once had a
transaction, myself and the
Earps; I know of no threats made by the
Clantons and
McLaurys that day; I made no threats, only as I formerly said;
they, the
Earps, met
Billy Clanton 15 minutes before they killed him and shook hands
with him and said they were glad to meet him;
Billy Clanton and
McLaury were only a half an hour in town; I might have made
threats as said, as I felt that way; I made no worse threats at them than
they did with me; I didn't expect
Wyatt,
I expected
Morgan and
Doc Holliday
to attack me.
Our crowd did
not expect an attack until some one told us; at the time they made the
attack I had no arms; the
Earp brothers had my arms;
Virg Earp had them; it was a six shooter;
It was two days prior since I saw
Billy or
Frank McLaury until that morning; had never had a word of
conversation with either of them in my life; I don't know whether the
party had a shotgun;
Virgil Earp was about six feet from me;
they were three or four feet distant when, they fired; I did not see my
brother or either of the
McLaurys fire a shot. There were four or five shots fired
before I left the ground; at the time the Sheriff was talking to us;
Billy Clanton and
Billy Claiborne were standing together; the
McLaurys and myself were standing five or six feet to the left;
the
Clantons came up from
Antelope Springs for a load of freight, that is, the
McLaurys; I don't know how near
Claiborne was to me at the time of the shooting; I don't know
whether
Morgan Earp or
Doc Holliday
fired first; It was a nickel-plated pistol by one of them; their weapons
were down when they came up; the Sheriff, after he had ordered us to give
up our arms I did not think we were under arrest; he said it was all right
if we left town;
Behan had a conversation with
Frank McLaury; I know where the Sheriff's office is, we could
not have gone up to the Sheriff's office after he left us before the
Earps came up; the Sheriff told us to stay
where we were until he came back; I would not have staid there had I not
orders from the Sheriff; after I saw the
Earps armed; the Sheriff was with us about
four, five or six minutes.'
Mrs. M.J. King, sworn:
'Reside at
Tombstone;
occupation house keeping. I was coming from my home to the meat market,
Mr. Beuer's to get some meat for dinner; I saw quite a group of men
standing on the sidewalk with two horses, near the market; I passed into
the shop; the parties inside seemed quite excited; did not seem to wait on
me; I inquired what was the matter, and they said there was going to be a
fuss between the Earp boys and
cowboys; then I stepped to the door; I heard
some talking then; but did not understand at first what was said, then
three parties seemed to separate, and the man with the horse seemed to be
leading, as the man that was talking with them turned from them; one of
them said, "If you wish to find us, you will find us down here;" then the
man went up town toward the post office; he was, I think, a tall man; then
I stepped into the market; the butcher was in the act of cutting the meat,
when some one said, "There they come;" then I stepped to the door and
looked up the sidewalk, when I saw four men coming down the street; I saw
and know one of the party; it was
Doc Holliday;
there were three others of the party which were pointed out to me as the
Earp brothers;
Mr.
Holliday was next to the building on the
inside; he had a gun under his coat; I stood in the door till these men
passed; till they got to the second door; what frightened me and made me
run back? I heard the man on the outside kind of stop or looked at
Holliday. And said, "Let them have it."
Holliday said "all right." Then I thought
there would be shooting; from what these parties said, and ran for the
back of the shop, but before I reached the middle of the shop I heard
shots, and don't know what happened afterwards.'
R.J. Coleman, being sworn, testified:
'I saw the arrest of
Ike Clanton the morning before the
shooting took place; Marshal Earp went up
behind him and grabbed his gun, then there was a scuffle and
Clanton fell; didn't see
Earp hit him, but saw Earp have a six
shooter, but don't know whether he had taken it from
Clanton or not;
Clanton was taken to the police
station. And after the trial was over Marshal
Earp offered him his rifle, but
Clanton would not take it, they had
some words, during which I heard
Clanton say, "All I want if four feet
of ground;" soon after I was standing in front of the
O.K. Corral and saw the two
Clantons and
McLaurys standing and talking in a stall in Dunbar's corral; in
a few minutes they came out and crossed the street into the
O.K. Corral;
Billy Clanton was riding his horse and
Frank McLaury was leading his; as they passed,
Billy Clanton said to me, 'Where is the West End corral.' I
told him where it was and they passed on into the corral and I went on up
Allen street; when opposite the Headquarters
saloon
I met
Sheriff Behan; told him he should go
and disarm the men, that I thought they meant mischief; I soon after met
Marshal Earp and told him the same thing, I then walked down Allen
street again and passed through the
O.K. Corral; where I saw the
Clantons and the
McLaurys talking with
Sheriff Behan, and heard one of them
say, 'You need not be afraid of us Johnny, we will not make any trouble.'
Billy Clanton had his horse with him; I then turned and went up
Fremont street; when I got as far as Bauer's butcher shop, I net
Wyatt,
Morgan and
Virgil Earp and
Doc Holliday
walking down the center of the street;
Sheriff Behan walked up to them and
said, 'I don't want you to go any further.; I don't think they made any
reply, but passed on down the street until they came opposite the
Clanton party. The
Earp party addressed them; I heard s--- of b---'s but don't know which
party spoke. Someone in the Earp
party then said; "Throw up your hands" or or "Give up your arms." I
thought I was too close, and as I turned around I heard two shots, then
the firing became general. After a few shots,
Ike Clanton ran up the street and
through Fly's gallery; think there were two shots fired; fired at him;
after the first two
Tom McLaury ran down Fremont street and fell;
Billy Clanton stood in the same position as when I first saw
him; saw him fire two or three shots in a crouched position; one of them
hit
Morgan Earp, who stumbled or fell, he jumped
up again and commenced shooting; about that time,
Frank McLaury came out in the street toward
Holliday, some words passed between them;
Frank said, "I've got you now," firing a shot at the same time,
which struck
Holliday on the hip or his scabbard; I
hollered to
Holliday, saying, "You've got it now;" he
answered, "Yes, I'm shot right through."
Frank then passed across the street and fell; I think
Billy Clanton must have been struck, but was down in a
crouching position, and using the pistol across his knee and fired two
shots, one of which hit
Marshal Earp;
Wyatt
and
Morgan were still firing at him, when he
raised himself up and then fell, still holding his pistol in his hand;
after the shooting saw
Sheriff Behan and
Wyatt Earp
talking;
Behan said, "I ought to arrest you."
Wyatt
said, "I won't be arrested; you deceived me Johnny when you said they were
not armed," and repeated again, "I won't be arrested, but am here to
answer for what I have done; I am not going to leave town." Couldn't tell
where I was whether they threw up their hands or not, except
Billy Clanton, he had his hand on his pistol, which was in the
scabbard, his right hand on his left hip; this was after the first two
shots; can't swear how many of the
Clantons were armed; Don't think Ike was; can't say that I saw a
shotgun; don't think
Billy Clanton was shot until after the first two shots; don't
think he was hit until after he shot; did not see
Tom McLaury have a pistol; my impression is that he started to
run to get away from the shooting; I didn't see
Behan or hear him say anything.'
At the
conclusion of the evidence given by the witness, the jury decided that no
further testimony was necessary, and a few minutes after retiring,
returned with the following verdict:
Tombstone,
Territory of
Arizona, County
of Cochise October 29, 1881.
We the
undersigned, a jury of inquest, summoned by the coroner of the court of
Cochise to determine whose the body is submitted to our inspection; when,
where, and under what circumstances the person came to his death. After
viewing the body and hearing such testimony as had been submitted to us,
find that the person was
Frank McLaury, 29 years of age and a native of Mississippi, and
that he came to his death in the town of
Tombstone
in said county, and on the 26th day of October, 1881, from the effects of
pistol and gunshot wounds inflicted by Virgil
Earp,
Morgan Earp,
Wyatt Earp
and one
Holliday, commonly called
Doc Holliday.
Thomas Moses; R.F. Hafford, D. Calisher, T.F. Hudson, M. Garrett, S.B.
Comstock.
The verdict in the case of
Wm. Clanton and
Thomas McLaury was the same as the above, excepting as to their
names and ages, which were inserted in the body of the document.
November 8, 1881 –
Ford County [Kansas]
Globe
"The Earp boys,
who had the fight with the
cowboys, at
Tombstone,
Arizona,
which resulted in the killing of three
cow boys, have been arrested by the friends
of the men who were killed. The Earp
boys were acting as peace officers, and from all reports were justified in
doing what they did.
Wyatt Earp
was formerly city marshal of
Dodge City,
and a paper setting forth his good qualities was circulated last week and
signed by all the prominent citizens."
November 8, 1881,
Tombstone Nugget
"W.
Earp and
John
Holliday were brought before this court
[Judge Lucas' Probate Court] on a writ of habeas corpus, claiming that
having been out on bail,
Justice Spicer
had no power to order them in custody. After argument the writ was
dismissed and
Earp
and
Holliday remanded into the custody of the
Sheriff."
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