On this tenth day of November, 1881, on the hearing of the above entitled cause, on the examination of Wyatt Earp and J. H. Holliday; A. Bauer, a witness of lawful age, being sworn, deposes and says as follows:
My name is A. Bauer. I reside
in Tombstone. I am engaged in the butcher business. I was in Tombstone
26th of October, 1881. I saw the difficulty on that day between one of
brothers and Tom McLaury. [Here witness points to Wyatt Earp and says,
"That gentleman looks like him."] The difficulty occurred on Fourth
Street, between Judge Wallace's Court and Allen Street. I crossed Allen
to go to Judge Wallace's Court; Mr. Earp walked ahead of me three or
steps. I was in company with Billy Hines, the cattleman. Me and Mr.
saw Tom McLaury coming from Wallace's Court, and both Mr. Earp and
walked pretty near solid together, face to face. Mr. Hines and I
looked at Mr. Earp and Tom McLaury. They both said something, one to
which I did not understand. The moment I was willing to pass them both,
to Wallace's Court, Mr. Earp raised his left hand or fist like, and run
Tom McLaury's face. Tom McLaury had both hands in his pants pockets.
said, "Are you heeled or not?" Tom McLaury answered, "No, I am
not heeled. I have got nothing to do with anybody." Tom McLaury took
hands out of his pockets to ward off the striking. Tom McLaury backed
Mr. Earp toward the street, from the sidewalk, Mr. Earp followed him,
pistol with his right hand out of his coat picket and knocked him with
pistol on his shoulder and head. McLaury fell in about the middle of
street. He fell on his right side and raised his left hand and held it
left ear. When I looked around a little and I saw an old gentleman have
Tom McLaury, leading him along Fourth Street, crossing Allen and going
Fremont Street. Mr. Earp struck Tom McLaury two or three or maybe four
with his pistol. When Mr. Earp left Tom McLaury lying down, he said, "I
could kill the son-of-a-bitch!" When Tom McLaury was struck, he opened
eyes awful large. He was dizzy and trembled.
(Q) Where is your butcher
work in a butcher shop on Fremont Street. I have got
no butcher shop myself. That is the only shop I work in. I have known
McLaury since the 11th day of October of this year.
(Q) Has your brother of the
firm for which you work, been buying cattle of Tom McLaury, or dealing
prior to this 26th of October? [Objected to. Overruled.]
(A) Yes sir.
(Q) Have you ever been in the
(A) Yes sir. I sold out on the
third day of March, 1881, to Jacob Everhardy. [States that he has been
employ of his brother and the latter's partner since September 27th.
that, and since he sold out, he was "driving my team, hauling adobes
sand and helping the masons around the buildings."]
(Q) During the time you were in the butcher business, and before you sold out, did you have any dealings with Tom McLaury or Frank McLaury, or Isaac or William or Phinn Clanton?
Phineas Clanton's name being used in the question asked. Objection
the ground that up to the present time, the name of Phineas Clanton has
been mentioned and he is not shown to have been connected with any part
of the difficulty,
either directly or indirectly. ]
(A) I had no dealing with
any of them as long as I was in the butcher business.
(Q) Do you know where Tom McLaury went after
him with the old gentleman going along Fourth Street, after the time of
with Wyatt Earp?
(A) I don't know where he went.
(Q) Did you see him afterwards?
(A) Yes sir, in the Capitol Saloon, Fremont and Fourth Streets, about 1 or 2 o'clock. Before his difficulty he was walking from Wallace's Court towards Allen Street. Wyatt Earp was walking toward Wallace's Court from Allen Street.
[Signed] A. Bauer