On this thirteenth day of November, 1881, on the hearing of the above entitled cause of the examination of Wyatt Earp and J. H. Holliday; John H. Behan, a witness of lawful age, being produced and sworn, deposes and says as follows:
My name is John H. Behan. I
reside in Tombstone. I am Sheriff of Cochise County. I know the
Wyatt Earp and John H. Holliday. I know the defendants, Virgil Earp and
Earp. In their lifetime I knew Thomas McLaury, Frank McLaury, and
Clanton. I know Isaac Clanton. I was here in Tombstone on the 26th of
when a difficulty took place and a shooting occurred between the
(Q) Will you state what you know about this
(A) The first that I knew that
there was likely to be any trouble; I was sitting in the barber's
getting shaved-Barron's Barber Shop. It was about half-past one, I
might have been later. I saw a crowd gathering on the comer of Allen
Streets. Someone in the barber shop said there was liable to be trouble
the Earps and Clantons. There was considerable said about it by parties
around. I asked the barber to hurry up, that I was anxious to go out
and arrest the parties. I then went over to Hafford's Comer. I saw
standing there and asked him what was the excitement. This was Virgil
marshal. He said there were, "a lot of sons-of-bitches in town looking
a fight." I don't think he mentioned any names.
I said to him, "You had
better disarm the crowd." He said he would not, that he would give them
chance to make a fight. I said to him, "It is your duty as a peace
instead of encouraging a fight to disarm the parties." I don't remember
that I said exactly, "cowboys," but I meant, "the boys," I
meant the parties to the fight; I meant any parties connected with the
who had arms.
Marshal Earp and Doc Holliday
were standing out at the middle of the intersection of the
Fourth Streets. I only saw Virgil Earp and Doc Holliday in the middle
streets, between Smith's Corner and Hafford's.
Virgil Earp had a shotgun,
with the muzzle touching the doorsill, down by the side. I did not see
on the others at the time. I left Hafford's
Comer and walked down on the east side of Fourth Street
and crossed over
to the southwest comer of Fremont and Fourth where I met Frank McLaury
a horse and talking to someone? I greeted him and said to him. . .
makes objection to any conversation of Frank McLaury being related.
I told McLaury I would have to disarm him; that there was likely to be
trouble and I proposed to disarm everybody having arms. He said that he
not give up his guns; that he did not intend to have any trouble. I
told him he
would have to give [up] his gun all the same, or his pistol. [The
lines were illegible in the hand-written original.] About that time I
Clanton and Tom McLaury down below Fly's building. I said to Frank
"Come along with me." We went to where Ike Clanton and Tom McLaury
were standing. I said to them, "Boys, you must give up your arms."
[Defense objects. Overruled.]
When I arrived there, I found
Ike Clanton, Tom McLaury, William Clanton, and William Claiborne there.
McLaury went along with me. I said to the boys, "You have got to give
your arms." Frank McLaury demurred. He did not seem inclined at first
be disarmed. Ike Clanton told me that he had nothing, that he was not
put my arm around his waist to see if he was. I found that he was not.
McLaury showed me by pulling his coat open that he was not armed. I saw
standing there. I asked them how many there were of their party. They
"Four." Claiborne said he was not one of the party that he was there
wanting them to leave town. I then said, "Boys, you must go up to the
Sheriff's Office and layoff your arms, and stay there until I get
told them I was going to disarm the other party.
At that time I saw
[the] Earps and Holliday coming down the sidewalk on the south side of
Street. They were between the Post Office and Bauer's Butcher Shop. I
Morgan Earp, Wyatt Earp, Virgil Earp, and Doc Holliday. I said to the
party, "Wait here. I see them coming down. I will go up and stop
them." I walked up the street about 22 or 23 steps. I met them at
Butcher Shop, and told them not to go any further, that I was down
the purpose of disarming the Clantons and McLaurys. They wouldn't heed
no attention. And I said, "Gentleman, I am Sheriff of this County, and
am not going to allow any trouble if I can help it." They brushed past
I turned and went with them. I was probably a step or two in the rear
went down the street. I was expostulating with them all this time.
When they arrived
within a very few feet of the Clan tons and McLaurys I heard one of
think it was Wyatt Earp-"You sons of-bitches, you have been looking for
fight, and now you can have it!" Also, about this time I heard a voice
say, "Throw up your hands!"
During this time,
pistols were pointed. I saw a nickel-plated pistol in particular
pointed at one of the party. I think at Billy Clanton. My impression at
time was that Holliday had the nickel plated pistol. I will not say for
that Holliday had it. These pistols I speak of were in the hands of the
When the order was [given] to "Throw up your
hands!" I heard Billy Clanton say, "Don't shoot me. I don't want to
fight!” Tom McLaury at the same time threw open his coat and said, "I
nothing," or "I'm not armed," or something like that. He made
the same remark and the same gesture he made to me when he showed me he
armed, by catching hold of his coat on both sides and throwing it out
[illustrating]. When Billy Clanton made the remark about not wanting to
I did not see the position of his hands. My attention was directed to
nickel-plated pistol for a couple of seconds. The nickel-plated pistol
first to fire, and instantaneously a second shot3-two shots right
simultaneously-these two shots couldn't have been from the same
were too near together. The nickel-plated pistol was fired by the
from the right; the third man from the right fired the second shot, if
be called a second shot. Then the fight became general. After the first
there were two or three shots fired very rapidly-I couldn't tell by
first two shots were fired by the Earp party. I can't swear by whom the
immediately after the first two shots were fired. My impression at the
that the next three shots came from the same side as the first two
is, the Earp party. [Defense counsel objects to witness stating his
impressions. [Overruled] This was my impression at the time, from being
ground and seeing it.
After the remark,
"Throw up your hands!" was made; the nickel plated pistol went off. I
think it was V. [Virgil] W. Earp who said, "Throw up your hands!"
There was a good deal of fighting and shooting going on. The next [a
here are illegible] that I saw, Frank McLaury [was] staggering on the
with one hand to [his] belly and his pistol in his right. I saw him
Morgan Earp, and from the direction of the pistol, I should say he hit
ground. Frank McLaury shot twice towards Fly's building, and [as] he
across the street, he was shooting at Morgan Earp at the time. I heard
of shots from that direction. I didn't see him after he got about
across the street. My attention was directed in another direction. I
then in that direction and saw Frank McLaury running and a shot was
he fell on his head, and I heard Morgan Earp say, "I got him!”
That's about the end of
the fight. There might have been a couple of shots afterwards, but I
remember. I can't say that I saw the effect of the first two shots. The
parties I saw fall in the fight were Morgan Earp and Frank McLaury. I
Earp fall and recover himself. I did not see any movement of any person
indicated any effect from the first two shots. I didn't notice any
The first man I was
satisfied was hit was Frank McLaury. I saw him staggering and
bewildered and I
knew he was hit. This was shortly after the first five shots. I never
arms in the hands of anyone of the McLaury party, excepting Frank
Billy Clanton. I saw Frank McLaury on the sidewalk, within a very few
the lil1e of the fronts of the lots opposite the vacant lot between
building and the boarding house below it.
I suppose there was as
many as eight or ten shots before I saw arms in the hands of any of the
or Clanton party. Frank McLaury is the first man of that party in whose
saw a pistol. Ike Clanton broke and run after the first five shots were
I saw him at the back corner of Fly's house, the last I saw of him
should judge he ran into an addition on the back of Fly's building.
[COURT ADJOURNED UNTIL TOMORROW MORNING AT 9 O'CLOCK]
[EXAMINATION OF JOHN H. BEHAN RESUMED]
(Q) Did you receive the
first information of the anticipated difficulty between the Earp party
Clanton party at the barber shop, of which you have spoken?
(A) My recollection is that
I heard of it first in the barber shop.
(Q) Had you previous to that
time heard of a difficulty between Wyatt Earp and Tom McLaury in the
neighborhood of Wallace's office?
(A) I had not.
(Q) You being in town and
assumedly mingling with the people, if those difficulties were a matter
common comment, how did it happen that a report of it did not reach
[Objected to by Prosecution. Sustained.]
(Q) Were you not in
Hafford's Saloon some 15 or 20 minutes before the fight?
(A) I was in Hafford's
Saloon some 10 or 15 minutes before the fight.
(Q) Did you not cross the
street in company with one Shibell?
(A) I did, with Charles A. Shibell.
(Q) Did you see Virgil Earp?
(A) I do not remember whether I did or not.
(Q) Did you not say to Virgil Earp at the
"We are going to take a drink. Won't you join us?"
(A) I do not remember
whether he took a drink or not.
(Q) Do you not remember that while the parties
drinking, that Captain Murray came in and called Virgil Earp to the
of the counter?
(A) I do not remember.
(Q) Do you remember that when Virgil Earp came
from Murray's to where you were standing, you said to him: "What does
son-of-a-bitch stranger want?"
(A) I do not remember, and I
do not think such words passed my lips as Captain Murray and I are on
(Q) Do you remember that you
then asked Virgil Earp what he was going to do?
(A) No, I do not.
(Q) Do you recollect Virgil
Earp replying: "I am going to disarm them."?
(Q) Do you recollect
replying to that remark: "Don't undertake to do that," or: "They
will kill you"-referring to the Clanton crowd. "They were just down
in my corral having a gun talk against you and threatening your life?"
(A) No such conversation
happened. I made no such reply. I had not been down in my corral.
(Q) Do you recollect further saying: "I will
down where they are; they won't hurt me, and I will get them to layoff
arms"-this was said to Virgil Earp?
(A) This conversation did
not take place at that time.
(Q) Did you, subsequent to the fight,
somewhere in the
city of Tombstone, and upon the day of the fight and speaking of the
between the Earp crowd and the Clanton crowd, say to Charles Shibell
was a dead square fight and that you could not tell who shot first?
(A) No sir.
(Q) Did you not make that remark, or [one] of
import to Wyatt Earp after the fight, on the comer of Fremont and Fomth
Streets, and upon the day of the fight?
(A) No sir.
(Q) If anything, how much have
you contributed or have promised to contribute to the associated
are now prosecuting this case?
(A) I have not
contributed a cent, nor have I promised to.
(Q) Were not you and Wyatt
Earp applicants to General Fremont for the appointment of Sheriff of
County, and did not Wyatt Earp withdraw his application upon your
divide the profits of the office and did not you subsequently refuse to
with your part of the contract? [Objected to by the Prosecution.
(A) In the first place we were
both applicants for the office. I was, and I understood Mr. Earp was.
became satisfied that I would get the appointment, I went to Mr. Earp
him that I knew I would get the appointment of Sheriff, and that I
to have him in the office with me. I also told him that I did not want
cease his efforts to get the office if he could. I told him I was sure
get it and that if I did, I would take him in, that in case he got the
I did not want anything to do with it. He said it was very kind of me,
he got the office he had his brothers to provide for, and could not
compliment if he got it. I said I asked nothing if he got it, but in
case I got
it, and I was certain of it, I would like to have him in the office
with me. I
said, "Let this talk make no difference with you in your efforts to get
the office." Something afterwards transpired that I did not take him
(Q) Up to the time of this
difficulty under consideration, have you not regarded Wyatt Earp as an
for the office of Sheriff of Cochise County?
(A) I have not.
(Q) [Question not written.]
(A) I did not see anyone take
a pistol from William Clanton.
(Q) After the fight was over,
how soon did you leave the battleground and where did you go?
(A) I cannot say how long;
probably four or five minutes. I came up Fremont Street, thence to
(Q) Did you meet Wyatt Earp at
the corner of Fremont and Fourth Streets?
(Q) Did you have any
conversation with him?
(A) We had some conversation.
(Q) After the fight, were you
upon the stoop in the passageway between the lodging house and the
gallery, and how long?
(A) I was on the stoop a very
[few] seconds after the fight.
(Q) Did you not at the time
suppose that you were [the] only, or about the only witness, outside of
parties concerned in the difficulty, who witnessed the difficulty?
on the ground that it is irrelevant and immaterial. Objection
(Q) Did you not, at the time
and place, say to one of the Fly's: "I'm about the only witness to that
fight, am I not?"
(A) I don't remember. I told
him I saw it all. He was trying to get Claiborne out of the house. I
to let him stay, as he was not to blame and might get killed.
(Q) After you followed or
accompanied the Earps from under the awning of the butcher shop, and
commenced, did you occupy one position until the shooting ceased?
(A) No sir, I did not
stand still. I moved around pretty lively.
(Q) When you heard the
expression: "You sons-of-bitches, etc., hold up your hands, etc."
locate on this diagram [diagram shown] the exact position of the
(A) [Here witness makes
use of diagram marked "Exhibit A," and the witness indicates
the position of the parties as follows: 1.Frank McLaury; 2. Billy
Thomas McLaury; 4. Ike Clanton.] Claiborne was standing back of them,
into the lot. I cannot state exactly where. The four numbered were not
in as straight a row as the figures on the diagram. [Here witness
(Q) How long was it after
the expressions of, "You sons-of-bitches, etc.," and "throw up
your hands!" was it that the firing commenced?
(A) I don't think it was
more than a second interval.
(Q) What interval of time
between the expression, "You sons-of-bitches," and "Throw up
(A) One expression followed
the other-it was almost simultaneous.
(Q) At the time of those two expressions, I
you to say you had your eye on a nickel-plated pistol. Did you see the
nickel-plated pistol before you heard the expressions?
(A) I saw the nickel-plated
pistol at the same time the expressions were made.
(Q) Did you see it in any interval before the
expressions were made?
(A) I saw it at the same time.
(Q) Was it pointed, the first time you saw it?
(A) Yes, it was pointed at Billy Clanton.
(Q) Was it the commencement
of the expressions, "You sons-of-bitches, etc.," that diverted your
attention from the Clanton crowd and concentrated it upon the Earp
(A) My attention was on the Earp crowd.
(Q) How long had your attention been
especially on the
(A) From the time I turned to go with them.
(Q) Did you see a shotgun in the hands of the
party, and if so, which one of them?
(A) The last time I saw the
shotgun [it] was in the hands of Doc Holliday-he had it under his coat.
(Q) Did you see the shotgun
employed in that difficulty?
(A) I did not.
(Q) Holliday having a
shotgun just preceding the difficulty, and on the way to the
your attention being especially directed to the Earp party, how does it
that you do not know what became of the shotgun?
(A) I do not know-it might have been used and
know of it.
(Q) Locate Holliday at the time, as you say,
he discharged the nickel-plated pistol.
(A) [Witness marks on the diagram marked
A", by the figure 5, the position occupied by Holliday at the time he
Holliday fired the shot.
(Q) And at what distance from the nearest of
(A) About five and a half or six feet, I
(Q) Do you still insist that the first shot
from the nickel plated pistol?
(Q) Is it not a fact that at the time of the
the first shot, Holliday was in the street, at least 25 feet from where
have located the Clanton crowd?
(A) No, it is was not.
(Q) Is it not a fact that the first shot fired
Holliday was from a shotgun; that he then threw the shotgun down and
nickel-plated pistol from his person and then discharged the
pistol: Presuming Holliday to be number 5 on the diagram, is it
not a fact
that he fired the shotgun first
(A) [Question not answered.]
[COURT HERE RECESSES UNTIL 1 O'CLOCK] [HEARING RESUMED]
(Q) Had not the Clanton party, meaning the parties named as engaged in the conflict, a reputation for courage and determination?
by the Prosecution. Overruled.]
have that reputation. That is Frank McLaury and
Ike Clanton-I never heard the reputation of the other two discussed.
Have not the Earp party the same reputation as to courage and
(Q) With your knowledge of the character of the two parties, were you not satisfied after the first hostile demonstration that the contact would proceed to a bitter end, and beyond the power of ordinary or extraordinary interference?
[Question objected to. Question overruled on the ground that it is mere opinion of the witness, upon the acts, that he has already related, and as being such opinion, is immaterial and irrelevant.]
(Q) With Allen fleeing into an alleyway, Claiborne, or the Kid, hiding in the photograph gallery, [and] Ike Clanton running away, why did you hover around there, exposing your person and life?
[Question overruled in its present form.]
(Q) What was the exterior dress of Doc
Holliday at the
time you saw him with a shotgun?
(A) He had on a heavy
overcoat of gray color which came below his knees.
(Q) Did he change the
overcoat from the time you first saw him until you think he discharged
(A) I don't think he changed it. He did not
(Q) Did any other of the Earp party have a
(A) I think not.
(Q) What space of time was occupied between
and last shot?
(A) I don't think the fight lasted over 20 or
(Q) Were you satisfied when you put your arm
waist of Ike Clanton, Tom McLaury threw the lapels of his coat aside,
Clanton said he did not want to fight, that these parties had no arms?
(A) When I left the Clanton
party to meet the Earps, I was satisfied that Ike Clanton and Tom
no arms on them.
(Q) Could they not have had
arms and you not know it?
(A) Ike Clanton could not
without my knowing it. Tom McLaury might have had a pistol and I not
(Q) As you examined him
simply around the waist, could he not have had a pistol in his pocket?
(A) He could not have had a
pistol in his pocket, as I examined him very closely with my eye.
(Q) Did you see a horse in that neighborhood?
(A) Yes sir.
(Q) Where exactly-noted on the diagram.
(A) I cannot designate precisely on the
the horse was.
(Q) At what time connected
with the hostilities did you see Frank McLaury hold that horse?
(A) He had hold of the horse
when the Earp party first went down there.
(Q) What became of the horse
when Frank McLaury occupied the position designated on the diagram as
(A) As long as I saw him
occupy that position, he was holding the horse.
(Q) Then was the horse inside or outside the
(A) Inside the vacant lot.
(Q) How long before the difficulty did you see
horse in that position?
(A) They were occupying that
position when I left to meet the Earp party and walked 21 or 22 steps
and the party all seemed to be in the same position.
(Q) Where was the horse
immediately previous to and during the shooting?
(A) At the beginning of the
shooting he was occupying that position.
Did the horse intervene between the Clanton party and Doc Holliday?
I think not. It is possible that Frank McLaury may have stepped back
(Q) Did you see Tom McLaury discharge one or
pistol shots toward the Earp party-or, in other words, did you see Tom
over the horse's back?
Did you see or hear any evidence of a shot proceeding from the alleyway
Fly's house and the building east of it?
Did you not know that Tom McLaury shot Morgan over the horse's back?
Have you ever heard any threats within the last few months on the part
Clan tons and McLaurys against the defendants in this prosecution?
I never heard any threats at any time.
Once or twice in your direct examination, you spoke of cowboys. What is
My idea of a cowboy is men who deal in cattle Stockmen.
(Q) Do you regard the Clantons and McLaurys as cowboys?
[Question overruled on the ground that it is
the opinion of the witness and is immaterial and irrelevant.]
(Q) Do you know the reputation of the Clantons
McLaurys in the section of the county in which they live and roam for
turbulence? [Objected to on the ground that it is not cross-examination
immaterial. Answer delayed. Objection sustained on the ground that it
cross-examination and is immaterial.]
(Q) Have not the disturbances and main
breaches of the peace, and killings in this city and county been, in
opinion and knowledge, or either, connected with Clan tons or their
confederates? [Prosecution objects on the same grounds as above.
(A) I never knew the McLaurys to be in any
rows. Ike Clanton I have seen in one row here, and Billy Clanton I know
(Q) Do you know William Allen?
(A) Yes sir.
(Q) Did you see him that day at or near the
or shooting, at or near the time of said shooting?
(A) I don't remember seeing him there.
(Q) Were you, during the time of the shooting,
alleyway between Fly's Gallery and the building on the east?
(A) I was not in any alleyway during the
the fight. (Q) When you left the Clanton party, as you stated, and
Fremont Street to meet the Earps, did you not say, addressing Wyatt
Morgan Earp: "I have got them disarmed." Or words to that effect?
(A) No sir.
(Q) Did not the Earp party, after some remark
you to them, put their pistols farther back in their pants and did not
pull his coat over his gun?
(A) No sir. Holliday pulled his coat over his
before I spoke to him.
(Q) Have you, since the
difficulty, had any interview with William Allen, to compare your
with him in regard to the difficulty?
(A) I had no interview with
Allen about the matter; have met him and talked about it on the street.
[Verbatim as in original.]
(Q) During the progress of the fight, did you
Clanton take hold of Wyatt Earp's left arm and hear Wyatt Earp say to
"This fight has commenced either fight or get away!"?
(A) No sir.
(Q) Indicate on the diagram
the position of the Earp party at the time of the firing of the first
(A) I can locate the party but cannot give the position of each particular one [here witness marks on diagram "A"]. [The figures] 6, 7, and 8 represent three of the Earp party, and number 5 represents the one with the nickel-plated pistol. The Earp party was facing the Clanton party.
(Q) To the best of your
belief, how far apart were the two parties?
(A) About five and a
half or six feet; very close together.
(Q) Which represents
[number] 8, to the best of your knowledge?
(A) I can't tell
exactly; my impression is that number 8 represents Virgil Earp.
(Q) What party is
number 7, to the best of your knowledge?
(A) I don't know.
(Q) Mark the position of the horse as number 9.
(A) Number 1, Frank McLaury was holding the
cannot designate on the diagram the position of the horse, for I have
there may have been two horses there for all I know.
(Q) If one or two horses, were they inside of
(A) They were inside of the vacant lot.
(A) No sir. They were not.
(Q) When you saw the Earp
party going down Fremont Street towards the Clanton party, what noise
disturbance were they making, if any?
(A) They were making no noise or disturbance.
(Q) Did you personally know Billy Clanton, and
how long, and about how old was he, if you knew him?
I knew him, have known him about three or four months. He was a boy; I
not take him to be of age.
During the time you knew him; did you know or hear of his being in any
I never knew or heard of his being in any rows. I knew very little
(Q) In your cross-examination you state that
Clanton had been in some difficulties. Please state the number, with
where, and when.
The only difficulty that I know of his being in, was with Danny McCann,
Tombstone, about a month or two ago.
(Q) In your cross-examination you were asked
know of Isaac Clanton being in any difficulties, please state if you
his being in any difficulties; if so, with whom, and where?
(A) I heard he had a difficulty with the
at Charleston some months ago, and then again I heard he had some
Holliday the night before the shooting. I can't call to mind any other.
Did you hear of any difficulty on the morning of the 26th of October?
I heard of a difficulty on the morning of the 26th, with Morgan and
ADJOURNED UNTIL FRIDAY, NOVEMBER 14, 1881, AT 9 O'CLOCK A.M.]
[On motion of L. [yttleton] Price, District Attorney, W. R. McLaury was admitted as associate counsel on the party of the prosecution.]
[All answers of witness
Behan touching [the] character of the deceased were stricken out, on
that they were not proper matters of cross-examination.] [The following
question [was] asked witness Behan by the defense, by consent.]
(Q) Did you visit
Virgil Earp at his residence the evening after the fight?
(A) I did.
(Q) Did not some discussion ensue between you
Virgil Earp about the fight?
(A) There was some.
(Q) Did you not make use of this language: "I
to see the Clanton crowd and told them to disarm? They would not do it.
back and met you and spoke to you and you did not stop. I heard you
throw up your hands, I have come to disarm you.' When one of the
said, 'We will,' and drew his gun, and the shooting commenced. I
friend, and you did perfectly right. "Or language of such substance or
(A) I went down that evening and when I got in the house, Virgil Earp said, "You better go slow, Behan, and not push this matter too far." I told him I did not come there to have any words-which I intended to do my duty as an officer. Then he said he heard I tried to get the vigilance committee to hang them. I told him I did nothing of the kind that I never called for them. He said about the same thing that Wyatt Earp did, about me deceiving them or throwing them off. Then is when I explained to him about stopping him and telling them to stop. In the conversation he told me he was my friend. I told him I had always been his friend. That seemed to settle the matter about the vigilance committee. I suppose I told him that I heard him say, "Throw up your hands!" I never told him I heard McLaury say anything or that I saw him draw a pistol.
(A) It was this: Shortly after I had the
with Wyatt Earp, I received a telegram from Charles A. Shibell, Sheriff
County to subpoena Ike Clanton. I was Deputy Sheriff [in Tombstone,
Cochise County was formed] under Shibell. I didn't know where Clanton
the time. I went to Virgil Earp and asked him. He told me where [Ike]
hitched up a team and started to Charleston. I had gotten about halfway
Charleston, and a man dashed by me on horseback, on the run; and about
minutes afterwards another passed me on the run. I got to Charleston
a man going out to Clanton's place. I gave him the dispatch and told
hand it to Ike Clanton, and stayed around Charleston an hour or so and
Wyatt Earp and Doc Holliday. I think I asked them what they were doing
they were on. Wyatt Earp told me he was down after a horse that had
from him sometime before.
Nothing more was said
and I returned to Tombstone. I went over to Tucson a few days
was told by Clanton that I came near getting myself in a hell of a
scrape-[Defense counsel objects to the witness testifying to verbal
of Clanton not connected [with] or a part of the circumstances of the
Objection overruled and objected to.] He, Ike, said Earp sent him word
had taken a posse of nine men down there to arrest him and send him to
and then he told me he had armed his crowd and was not going to stand
they got out [a word here is illegible] guns and was not going to
(Q) Who was the first
and the second man that passed you on the [Charleston] road of whom you
(A) It was dark, and my
impression was that it was Virgil Earp, I did not know, but thought it
form, and the next [man] I thought was Holliday. When I got to
saw Wyatt Earp instead of Virgil, and concluded I had made a mistake.
(Q) Who was with you, if any person?
(A) Les Blackburn and a man named Laurence Geary.
(Q) Who did you send the dispatch by, from
to Ike Clanton?
(A) I think by a man named Oates.
(Q) Can you tell anywhere near about the time
it was, or what case the subpoena was in?
(A) No, I cannot tell the
time; [it was] in [the] case of Paul vs. Shibell.
(Q) Was there any conversation between you and
Earp immediately after the difficulty as to your deceiving him about
McLaurys and Clantons being armed, and if so, what was the conversation?
(A) There was a
conversation on Fremont Street near the Butcher Shop on the sidewalk.
Earp said, "Behan, you deceived me," or, "threw me off. You said
you had disarmed them." I told him he was mistaken, I did not say
of the kind. Then I related to him what I had said. I said, "Earp, I
you I was there for the purpose of arresting and disarming them." He
he thought I had said I had disarmed them.
(Q) What was the distance
you were from the Clanton and McLaury party, and how near the Earp
you told the Earps to stop, and that you were there for the purpose of
disarming and arresting the Clanton party?
(A) I was within 9 or
10 feet of the Earp party when I commanded them to stop, and about 19
yards from the Clantons and McLaurys.
(Q) Where did this
(A) In Tombstone, Cochise County, Arizona
(Q) [No written question appears.]
(A) The [man] named, spoken of as Captain
known as Billy Murray and is a partner of F. A. Tritle.
(Q) At the time you demanded [his arms] of
McLaury, at the comer of Fremont and Fourth Streets, and he demurred to
them up, was the demurrer a conditional one or an absolute refusal?
(A) He did not want to give up his arms unless the other party was disarmed.
[The defendants reserved the right to further
cross-examine the witness after they opened their case for the defense.]
[Signed] John H. Behan