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The night of
October 27, 1880, was no exception, as several members of the "Cowboy”
faction, liquored up and having fun, were finding sport in firing their six-guns
recklessly in all directions on Allen Street.
At around 12:30 in the morning
on October 28th, White responded to the sounds of gunshots, closely followed by
Deputy Sheriff
Wyatt Earp.
He found
Curly Bill Brocius
and several other
cowboys
still shooting it up in an empty lot where the Birdcage Theatre now stands.
Ordering the men to surrender their weapons, each of them gave up their guns
voluntarily without incident until
Curly Bill Brocius
presented his six-gun to the marshal, barrel first. As White grasped the barrel
of the gun the weapon discharged, shooting White in the groin. While no one
knows exactly what happened, it is thought that the pistol’s hammer was probably
"half-cocked” over a live round when White pulled it from
Brocius’
hand.
Writhing in agony, White fell
to the ground. An enraged
Wyatt Earp
then began to pistol whip
Brocius
before arresting him and taking him to jail for the shooting.
Morgan Earp,
also on hand, helped to bring in the other men who had caused the excitement,
charging them with violating city ordinances. Upon depositing
Brocius
in a cell,
Wyatt
swore out a complaint against
Brocius
for assault with intent to murder. Though this incident is often portrayed
including the
Clanton
and
McLaury brothers, the
newspaper the next day does not support this.
In the meantime, Marshal White
was made comfortable and looked to by a doctor, who expected him to make a
recovery. But it was not to be.
When the new day dawned, the
rowdy makers went before the judge, were fined for violating city ordinances,
and released.
Brocius;
however, asked for a postponement until he could get a lawyer. Later he appeared
with Judge Haynes of Tucson, as his counsel, and as a lynch mob was forming in
the camp to hang
Brocius
for the shooting of the popular marshal, whose condition had worsened and looked
as if he might die,
Brocius
was ordered to be taken to Tucson to be held in protective custody. As
Wyatt Earp
and George Collins headed to Tucson with
Brocius
in a buggy, they were escorted out of town by
Virgil and
Morgan Earp.
In the meantime, Marshal Fred White, who had been steadily declining, lost his
battle on October 30th and died. He was buried at Boot Hill Cemetery in
Tombstone.
Brocius
was said to have terribly regretted the shooting of White, whom he apparently
liked, and maintained that the shooting was an accident, a fact that was
supported by testimony given by White before he died, as well as
Wyatt Earp
in
Brocius’
trial. |
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