Testimony of Albert Billickie
in the Preliminary  Hearing in the Earp-Holliday Case,
Heard before Judge Wells Spicer

November 28, 1881

On this twenty-eighth day of November, 1881, on the hearing of the above entitled cause, on the examination of Wyatt Earp and J. H. Holliday; Albert Billickie, a witness of lawful age, being produced and sworn, deposes and says as follows:

Albert Billickie, Cosmopolitan Hotel, 409 Allen Street, Tombstone, Arizona, hotel keeper.

In response to questions:

[I] knew Tom McLaury by sight, and saw him on October 26th last, "walking down the south side of Allen Street and enter Everhardy's butcher shop, and very shortly come out again, walk down the street a few steps further, cross Allen Street obliquely to the corner of Fourth Street. This was probably about 2 o'clock."

(Q) State if you observed what change if any occurred between the time of his going into the butcher shop and the time of his coming out, with respect to his possession of any arms.

(A) I saw no arms on him, neither when he went into the butcher shop nor when he came out.

(Q) What was his appearance when he went in, and what was his appearance when he came out; with respect to the possession of concealed arms?

(A) When he went into the butcher shop his right-hand pants pocket was flat and appeared as if nothing was in it. When he came out, his pants pocket protruded, as if there was a revolver therein.


(Q) You say in your examination in chief, that you only knew Tom McLaury by sight and had no personal acquaintance with him. How did it happen that you watched him so closely the different places he went and the exact position of his right-hand pants pocket when he went into the butcher shop and the exact form of a revolver in the same right-hand pocket when he came out?

(A) Every good citizen in this city was watching all those cowboys very closely on the day the affray occurred, and as he was walking down the street my attention was called to this McLaury by a friend and so it happened that I watched him very closely.

(Q) Do you know every good citizen in Tombstone, or did you on that day?

(A) I know not all of them, but a great many.

(Q) Do you know what the opinions of all good citizens of Tombstone were on that day by conversation or conversations with them about watching Thomas McLaury in this city, and if so, tell us who they were. [Question crossed, without comment.]

(Q) About how long did he stay in the butcher shop, and was he in your sight while in there?

(A) He was in the butcher shop but a few moments and was out of my sight from the time he entered until he again appeared. He then walked a few feet down Allen Street and crossed to the corner of Fourth and Allen and walked down Fourth Street. I did not see him alive anymore that day. Everhardy's butcher shop is directly opposite the Cosmopolitan Hotel, and I was standing on the sidewalk in front of the hotel when I saw what I have related.


[Signed] Albert Billickie

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