On this first day of November, 1881, on the hearing of the above entitled
the examination of Wyatt Earp and J. H. Holliday; William Allen, a
lawful age, being produced and sworn, deposes and says as follows:
The deposition of William
Allen. He resides in Tombstone. He is not in any business at this time.
all the participants in one degree or another. He says that on the
the difficulty he heard there had been some trouble between Isaac
Doc Holliday. He says he walked down the street and saw there was,
a stir." On meeting Henry Fry, he learned Tom McLaury had been hit with
pistol by Wyatt Earp. [Objected to by the Defense. Sustained.]
I first saw Frank McLaury on
that day pretty near the Grand Hotel as they were riding in. Frank
Bill Clanton, and an old gentleman who I am not acquainted with. This
2 o'clock in the afternoon. At first, Doc Holliday went out and shook
with one of them in a pleasant way, and said, "How are you?" or
something of that kind. Holliday left them there and Frank McLaury,
Clanton, and the old man went on to [the] Grand Hotel. I left them
was near the middle of the street, nearly opposite the Alhambra Saloon.
crossed the street, and went over to them. The boys were about to take
and asked me to join them. I called Frank off to one side and asked him
knew what was going on. [Objection and motion to strike.]
The boys, Frank McLaury, Billy
Clanton, and the old gent, after the statement I made to them, got on
horses and rode down the street. I have heard the old gentleman's name
After I told them what I had
heard, that Tom McLaury had been hit on the head by Wyatt Earp, Frank
"What did he hit Tom for?" I said I did not know. He says, "We
won't drink.” That is the last words I ever heard him say. They got on
horses and rode off. Before that he said, "I will get the boys out of
town." The glasses were on the counter when he said this. They did not
drink. I saw them after they crossed the street, going through the O.K.
I was going down Allen Street. [Defense moves to strike.]
He continues to relate
that he saw the boys walking, one of them leading a horse. They were
the street from the direction of the Dunbar Stable [Behan and Dunbar
going through the O.K. Corral. He says he went on and passed through
Corral with Mr. Coleman. He then saw Doc Holliday and the Earp party
down the sidewalk on Fremont Street. He says he followed in behind the
He saw Ike and Billy Clanton and Tom and Frank McLaury and Johnny Behan
Fly's building. He heard Behan tell the Earps not to go down to the
He did not use any very great exertions, but he told them not to go.
When the Earp party got
down to the Clantons, the Earp party said "You sons-of-bitches, you
been looking for a fight!" The same instant, Virgil said, "Throw up
Tom McLaury threw his
coat open and said, "I ain't got no arms!" He caught hold of the
lapels of his coat and threw it open.3 William Clanton said, "I do
want to fight!" and held his hands out in front of him [witness shows
how]. He had nothing in his hands when he held them in this position. I
notice what Frank McLaury did. I did not notice him or Ike. Just as
Clanton said, "I do not want to fight!" and Tom McLaury threw open
his coat and said, "I ain't got no arms," the firing commenced by the
I think it was Doc
Holliday who fired first. Their backs
were to me. I was behind them. The smoke came from him. I could not
fired the second shot; they came in such quick succession. I think the
was a pistol shot and the next a double barrel shotgun. These two shots
from the Earp side, before any other shots were fired.
At the time the first
shots were fired, Frank McLaury was holding his horse. He had no gun in
hand. He had a gun on him. I saw it. A pistol on him. I think it was
McLaury. At the moment of the first fire, I cannot tell whether Billy
had the horse or Frank [both men had horses]. I think he was standing
ground [meaning standing in the vacant lot]. I have stated that Billy
his hands, in this position, and said,"I do not want to fight!" He
was in this position when the firing commenced. I saw Thomas McLaury
first two shots were fired slap his hand on his breast, like this, and
onto the vacant lot by Fly's building, where I could not see him. I
this side of Fly's building. Billy Clanton dropped down at [the] first
I kept in between the
building after this. I saw Frank McLaury across the street when he
picked Tom McLaury up and carried him in the house, where he died. He
walked clean around the house. I did not see any guns in the hands of
the Clan tons or McLaurys shotguns or rifles, I mean. I saw sometime
shooting-I saw Virg with a shotgun at the gunsmith's on Fourth Street.
time, he was standing in the door.
I could not see whether
the Earp party had guns on their persons down Fremont Street. They
too quick. The first I saw of weapons was when the fight commenced.
I picked up Thomas McLaury and helped carry him into the house. I did not see any weapons on him. No cartridge belt. I pulled his shirt down to see where he was shot. He was breathing yet. I got in between the buildings after the two first shots were fired and did not see anymore of the shooting. If the McLaurys shot at all, it was after I got in behind the building.
I do not recollect of any reply the Earps made to Behan when he told them to go back-did not hear any remarks afterwards.
Discusses Tom McLaury's wounds. "It was a
wound." It was an hour or an hour and a half or two after I met the
at the Grand Hotel, where we proposed to take a drink but did not, that
shooting took place. Did not see Isaac Clanton at the Grand Hotel nor
that time of the difficulty, except as I saw him pass the street to the
Corral with the others-not to speak to him. The first time I saw Thomas
was at a distance as they crossed the street, about twenty minutes
or half an
hour before the shooting. At the time, I was on Allen Street walking
street between third and fourth. Thomas McLaury was crossing the street
Dunbar's Corral. I think it was him. Only knew him by sight-no personal
acquaintance. The other parties were with him-meaning Ike Clanton,
Clanton, Frank McLaury and another man they call Billy the Kid.5 I
McLaury was leading a horse, or Billy Clanton, one of the two, was
After seeing them pass
through the O.K. Corral, I stood on the sidewalk awhile with Mr.
told him I did not want to see it. He said, "Come on, let’s go see
it." And so I went into the O.K. Corral and passed through it with
onto Fremont Street.
When I reached Fremont
Street, I walked down to the upper corner-the corner of Fly's building,
photograph gallery-to a point eight or ten feet from the sidewalk on
street. I stopped only about a minute on the way there.
When I reached Fremont
Street, the Earps were between Fly's building and the next house on the
lot between. The Earps had already passed down Fremont Street when I
I was standing in the little place near
shop, just this way from it, when I heard Behan tell the Earps not to
there. The Earps were near the front of this butcher shop when Behan
not to go down, and had already passed me.
When I first saw the
McLaurys and Clantons, they were on the vacant lot next to Fly's
Thomas McLaury was-I could not tell how they stood. They were pretty
together. I think Billy was off to the right. I won't be sure. The
right there. One of them had him on the bridle. Billy Clanton or Thomas
had the bridle. I think it was one of the two [Billy Clanton]. I think
horse was facing towards the lot. At the time I heard Thomas McLaury
"I haven't got any arms." I was standing ten feet away, in front of
Fly's building. I could not state how McLaury and they with him were
I could place them [possibly on the diagram the court had]. When Thomas
said, "I haven't any arms," he held the lapels of his coat open. I
think he was facing in towards Fly's building. They were between the
buildings. Billy Clanton, then he said, "I don't want to fight with
them," I cannot state where they were standing. He was facing towards
Fly's building, when he held out his hands. The man who held the horse
facing towards Fly's building. All three men were about 20 feet from me
time-20 or 25 feet.
The Earps and Holliday
at this time were close to the other portion. The Earps were 15
feet or so
from me. I have told where I was and where the other party was. I was
of Fly's building at [the] time, ten feet out, and both the other
around the corner, by the corner of Fly's building, on the vacant lot.
Wyatt only got to the corner. [Follows more opinion as to where the
He says the first shot
was from a pistol. "The shot came from the Earp party. The smoke came
Doc Holliday." More talk about where they stood. He says he saw Doc
his hand up and then saw the smoke come from him, and from the sound
the first shot came from the Earp party-from hearing the shot and
I did not see it, but I
know from the sound that the second shot was fired from a shotgun. He
the shotgun went off, Tom McLaury threw his hands up to his breast. Tom
was then only four or five feet from the nearest of the Earp
been Morg. I did not see anyone with a shotgun then. After these "two
first" shots, he ducked between the buildings. I got out of the way
At the time I said to
Mr. Coleman that I did not want to see it, I meant I did not want to
quarrel. I knew there would be one. At least I considered there would
from the appearance of things, and I did not want to see it. But I went
I have resided in
Tombstone two years. My relations with the Earps have been the best,
always-always friendly. Before I came here, I lived in
Colorado-Denver-Cheyenne-Georgetown-Cheyenne in Wyoming. I have never
other name than William Allen. They have called me other names, but
this is my
true name here. A man gets a nickname around the mountains.
(Q) Did you not call yourself by, and pass
another name than William Allen in Colorado?
(A) I decline to answer.
[The court instructs the witness of his legal
decline to answer. The attorney's for the prosecution objected to the
on the grounds of being irrelevant, etc. Overruled, exceptions noted.]
(Q) Did you not, when
residing in Colorado, and during your residence there, call yourself,
by the name of L. Brand? And were you not under that name indicted in
Georgetown, Colorado, for larceny? And did you not immediately after
indictment escape and flee from Colorado and come from there to
(A) I never went by that name and never [heard] it.
[Same objection as above.]
(Q) Were you not indicted in Colorado for larceny prior to your coming to Arizona? [Overruled and excluded. Defense accepts.] The question is again asked. The Court refuses to put it to the witness. Defense accepts. Deposition is read over to the witness, and he adds that by guns he meant pistols, in that connection.
Signed] William Allen 6