Once Behan said that he'd disarmed the Cowboys, Virgil moved Doc's cane to his right hand and shifted the pistol in his waistband from the right side to his left. Judge Spicer ruled afterward that "if Thomas McLaury was one of a party who were thus armed and were making felonious resistance to an arrest, and in the melee that followed was shot, the fact of his being unarmed, if it be a fact, could not of itself criminate the defendants [Earps], if they were not otherwise criminated."[115]. [16]:194 Virgil Earp was suspended as town marshal pending the outcome of the trial. "[87] Wyatt said Behan told him and Morgan, "I have disarmed them. General firing immediately broke out. The Earps were known to bend the law in their favor when it affected their gambling and saloon interests, which earned them further enmity with the Cowboy faction.[39]. Fred White left a statement before he died two days later that the shooting was not intentional. [47], Billy Clanton and Frank McLaury wore revolvers in holsters on their belts and stood alongside their saddled horses with rifles in their scabbards, possibly in violation of the city ordinance prohibiting carrying weapons in town. C.S. On October 28, 1880, Tombstone Marshal Fred White attempted to disarm some late-night revelers who were shooting their pistols in the air. "[83], At about 1:00 pm, Marshal Virgil and his Deputy Morgan Earp found Ike on 4th Street, still armed, and Virgil pistol whipped him from behind. The masked bandits robbed all of the passengers of their valuables since the stage was not carrying a strongbox. Later this model was analyzed by Sir John Kingman (1999, 2002), and Kingman and Volkov (2003). [80], Outside the court house where Ike was being fined, Tombstone Deputy Marshal Wyatt almost walked into 28 year-old Tom McLaury as the two men were brought up short nose-to-nose. Fallehy and clerk's cover and file sheet", "2014 Six-Shooter Award: The Will of McLaury", "Testimony of William Allen in the Preliminary Hearing in the Earp-Holliday Case", "The Spicer Hearing Testimony of H.F. Stills", "Tombstone Times – Wyatt Earp, Tombstonian", "Victor Clyde Forsythe – Art of the West", "44098: Wonderful Painting of the O.K.Corral Gunfight", "Lot 44098: Wonderful Painting of the O.K. Both Wyatt and Virgil believed Tom McLaury was armed and testified that he had fired at least one shot over the back of a horse. Tombstone, AZ 85638, Mailing Address: "[82]:172–173 or "Hold on, I don't want that! Both were fired from the front. The Tombstone council convened and appointed Virgil Earp as "temporary assistant city marshal" to replace White for a salary of $100 per month (equivalent to $2,600 in 2019) until an election could be held on November 12. Joyce ordered Holliday removed from the saloon but would not return Holliday's revolver. [87][88] His decision to take action may have been influenced by the Cowboy's repeated threats to the Earps, their proximity to Holliday's room in Fly's boarding house, and their location on the route the Earps usually took to their homes two blocks further west on Fremont Street. Morgan Earp was standing on Fremont Street to Wyatt's right, and Doc Holliday anchored the end of their line in Fremont Street, a few feet to Morgan's right. Dr. George Goodfellow testified about Billy Clanton's wounds at the Spicer hearing. The shootout actually took place in a narrow lot on the side of C. S. Fly's Photographic Studio on Fremont Street, six doors west of the O.K. The statute was not specific about how far a recently arrived visitor might "with good faith, and within reasonable time" travel into town while carrying a firearm. [82]:154 Virgil and Wyatt were now firing. Wyatt later told his biographer John Flood that he thought Brocius was still armed at the time, and didn't see Brocius' pistol on the ground.[48]. [12], According to the Earps' version of events, the fight was in self-defense because the Cowboys, armed in violation of local ordinance, defied a lawful order to hand over their weapons and drew their pistols instead. [58]:181 Judge Wells Spicer issued an arrest warrant for Holliday. Physical Address: 613 E. Allen Street Tombstone, AZ 85638. Wyatt withdrew from the political contest and the governor and legislature appointed Behan to the job of Cochise County sheriff on February 10, 1881. After Wyatt Earp first arrived in Tombstone, his business efforts yielded little profit, and he took a job as a stagecoach shotgun messenger for Wells Fargo, guarding shipments of silver bullion. Apache warriors had engaged the U.S. Army near Tombstone just three weeks before the O.K. [13], Ike began to fear that word of his possible cooperation had leaked, threatening to compromise his standing among the Cowboys. For all your administrative procedures, you can go to the Tombstone City Hall at the address and schedules indicated on this page or contact the City Hall’s Customer Service by phone or by email depending on your preference or on the service's availability. [8] Both McLaurys were buried in the same grave, and Billy Clanton was buried nearby. Morgan also occasionally assisted Virgil and at the time of the gunfight was wearing a deputy city marshal's badge and drawing pay. Somehow King walked in the front door of the jail and a few minutes later out the back. After hearing all the evidence, Justice Spicer ruled on November 30 that Virgil, as the lawman in charge that day, had acted within his office and that there was not enough evidence to indict the men. To Provide against Carrying of Deadly Weapons. To avoid alarming Tombstone's public, Virgil hid the shotgun under his overcoat when he returned to Hafford's Saloon. Mailing Address: City of Tombstone, P. O. The town of Tombstone is located in the state of Arizona. [101], In 1952, Victor Clyde Forsythe, a popular painter of desert scenes and cowboy artist, painted "Gunfight at O.K. Fly found Billy Clanton's empty revolver in his hand where he lay and took it from him. With the Cowboy plot revealed, Spicer freed Holliday. These works include: David Williams and Paul McIlroy introduced a mathematical model for the O.K. According to Human Resources Director Barbara Fleming, there were some years when Potucek did not get a raise. He was pursued by county sheriff Johnny Behan, who had received a warrant from Tucson for Wyatt's killing of Frank Stilwell. Wyatt and Holliday were arrested and brought before Justice of the Peace Wells Spicer. [47][87] Billy Clanton and Frank McLaury exchanged gunfire with the lawmen. Box 339 Tombstone, AZ 85638 [87], According to one witness, Holliday drew a "large bronze pistol" (interpreted by some as Virgil's coach gun) from under his long coat, stepped around Tom McLaury's horse,[105] and shot him with the double-barreled shotgun in the chest at close range. Corral shootout", "Wyatt Earp and the Buntline Special Myth", "Testimony of Addie Bourland in the Preliminary Hearing in the Earp-Holliday Case", "Testimony of Martha King in the Preliminary Hearing in the Earp-Holliday Case", "$380,000 for Wyatt Earp's sketch of the infamous Gunfight at the OK Corral", "The Streetfight by Jeff Morey – Tombstone History Archives", "Wyatt Earp – Frontier Lawman of the American West", "Testimony of Albert Billickie in the Preliminary Hearing in the Earp-Holliday Case", "Testimony of P.H. [82]:164 Behan's testimony was significant, since he was a prime witness for the prosecution but had equivocated on this point. [87] Wyatt spoke of his brothers Virgil and Morgan as the "marshals" while he acted as "deputy. The article said that Behan "was standing near by commanding the contestants to cease firing but was powerless to prevent it." Tombstone city council candidate Steve Troncale has served as mayor pro tem. Those loyal to one side or the other told conflicting stories and independent eyewitnesses who did not know the participants by sight were unable to say for certain who shot first.[17][124]. Virgil and Wyatt thought Tom was armed. Mathews stated that the wound beneath the ear was at the base of the brain and caused instant death. Wyatt waited with Clanton while Virgil went to find Justice Wallace so a court hearing could be held. [82]:214–216 Lucas' corroborated Addie Bourland's testimony that Billy Clanton was standing throughout the fight, which contradicted prosecution witnesses who maintained he went down immediately after being shot at close range in the belly. 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