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; Addie Bourland, a witness of lawful age, being produced and sworn, deposes and says as follows;
Addie Bourland, a
dressmaker, of Tombstone, Arizona.
(Q) [No written
(A) I live on the
opposite side of Fremont Street from the entrance to Fly's lodging
(Q) Questioned on the
(A) I saw first five
men opposite my house, leaning against a small house [the Harwood
of Fly's Gallery and one man was holding a horse [Frank McLaury],
little out from the house. I supposed them to be cowboys, and saw four
Earps and Doc Holliday] coming down the street towards them, and a man
long coat on [Doc Holliday] walked up to the man holding the horse and
pistol to his stomach and then he, the man with the long coat on,
two or three feet, and then the firing seemed to be general. That is
all I saw.
(Q) Where were you at
the time you saw this?
(A) I was in my house
at the window.
(Q) How long after the
two parties met, did the firing commence?
(A) It was very
shortly, only a few seconds.
(Q) Which party fired
(A) I don't know.
(Q) Were you looking at
both parties when the firing commenced?
(A) I was looking at them,
but not at anyone in particular. I did not know there was going to be a
(Q) Did you know, or do you know now, the man
long coat on?
(A) I did not know him then. I recognize
Holliday, the man sitting there writing, as the man to the best of my
(Q) Did you notice the
character of weapon Doc Holliday had in his hand?
(A) It was a very large
(Q) Did you notice the color
of the pistol?
(A) It was dark bronze.
(Q) Was it or was it not, a
(A) It was not a nickel-plated
(Q) Did you see at the time of
the approach of the party descending Fremont Street, any of the party
thought were cowboys, throw up their hands?
(A) I did not.
(Q) Did you hear any
conversation or exclamation between the two parties after they met, and
the firing commenced?
(A) I did not, for my door was
(Q) How long did you continue
to look at the parties after they met?
(A) Until they commenced to fire
and I got up then and went into my back room.
(Q) What did these men that
you speak of as cowboys’ first do when the other party approached them?
(A) They came out to meet them
from the side of the house, and this man with the long coat on stepped
put his pistol to the stomach of the man who was holding the horse, and
back two or three feet and the firing seemed to be general.
(Q) About how many shots were
fired before you left the window?
(A) I could not tell; all was
confusion, and I could not tell.
(Q) Were all the parties
shooting at each other at the time you were looking at them?
(A) It looked to me like it.
(Q) Had any of the parties
fallen at the time you left the window?
(A) I saw no parties fall.
[Signed] Addie Bourland
ADDIE BOURLAND IS RECALLED BY THE COURT
[Objection overruled, and
questions asked of witness by the court as follows:]
(Q) You say in your examination in chief, that you were looking at parties engaged in [the] fatal affray in Tombstone on the 26th of October last, at the time the firing commenced. Please state the position in which the party called the cowboys held their hands at the time the firing commenced; that is, were they holding up their hands, or were they firing back at the other party. State the facts as particularly as may be.
[Counsel for the prosecution
objects to court questioning witness after he admits he has talked with
witness, etc., crossed out.]
(A) I didn't see anyone holding up their hands; they all seemed to be firing in general, on both sides. They were firing on both sides, at each other; I mean by this at the time the firing commenced.
(A) I did say so.
(Q) Did you say this morning, there were two
fired close together?
(A) I did not.
(Q) Did you say there
were any shots fired at all?
(A) I did.
(Q) Did you say this
morning, that when the first two or four shots were fired, you were
confused, and got up from the window and went into the back room?
(A) I didn't say how many shots were fired,
didn't know when I went into the other room.
(Q) What conversation
did you have with Judge Spicer, if any, with reference to your
testimony to be
given here since you signed your testimony this morning?
(A) He asked me one or
two questions in regard to seeing the difficulty, and if I saw any men
their hands, whether I would have seen it, and I told him I thought I
have seen it.
(Q) Did you not testify this morning that
those men did
not throw up their hands that you saw?
(A) Yes sir,