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
26th last, "walking down the south side of Allen Street and
enter Everhardy's butcher shop, and very shortly come out again, walk
street a few steps further, cross Allen Street obliquely to the corner
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
to his possession of any arms.
(A) I saw no arms on him, neither when he went
butcher shop nor when he came out.
(Q) What was his appearance when he went in,
was his appearance when he came out; with respect to the possession of
(A) When he went into
the butcher shop his right-hand pants pocket was flat and appeared as
nothing was in it. When he came out, his pants pocket protruded, as if
was a revolver therein.
(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
my attention was called to this McLaury by a friend and so it happened
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
McLaury in this city, and if so, tell us who they were. [Question
(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