On this ninth day of November, 1881, on the hearing of the above entitled cause, on the examination of Wyatt Earp, and J. H. Holliday; Joseph I. Clanton, a witness of lawful age, being produced and sworn, deposes and says as follows
My name is Joseph I. Clanton. I reside four
Charleston, on the San Pedro River. My occupation is stock raising and
(Q) Where were you on the 26th [of] October,
(A) I was here in
(Q) Do you know Virgil
Earp, Morgan Earp, Wyatt Earp, and J. H. Holliday?
(A) I do.
(Q) Did you know Frank and Tom McLaury and Billy Clanton?
(A) Yes sir.
(Q) Are they living or
dead, and if so, when did they die?
(A) They are dead. They
died on the 26th of October, 1881, on Fremont Street, between Third and
Streets, in Tombstone, Cochise County, Arizona Territory.
(Q) Did they die a
natural death or a violent death?
(A) A violent death,
they were killed.
(Q) Were you present at
the time they were killed?
(A) I was.
(Q) Who else was
present at the time that you saw?
(A) There was Holliday,
Morgan, Virgil and Wyatt Earp, Sheriff Behan, and William Claiborne. No
else, that I can remember, at the time they were killed.
(Q) Who was engaged in
the killing of these parties?
(A) Wyatt, Morgan and
Virgil Earp, and Holliday.
(Q) Now you begin at the
commencement of the difficulty and tell all you saw about. [As written
(A) Well, I and the McLaury
brothers and William Clanton, and a young fellow named Billy Claiborne
standing in a vacant space talking, west of the photograph gallery on
Street-between that and the building next to it and the Sheriff Johnny
came down and told us he would have to arrest us and disarm us.
[The defense moves that the
witness be instructed not to detail conversation without the hearing of
defendants. Objection overruled. Counsel for the defense then asks that
Court give the ground for his ruling, which the Court refuses to do,
the law does not require it, and it would be objectionable to encumber
deposition of the witnesses with the opinion of the Court.]
(A) I asked the Sheriff,
"What for?" The Sheriff told me, "To preserve the peace." I
told him I had no arms. Then William Clanton told him he was just
The Sheriff then said, if he was leaving town, "all right." He then
told Frank and Tom McLaury he would have to take their arms. Tom
him he had none. Frank McLaury said he would go out of town, but did
to give his arms up until after the party that hit his brother was
The Sheriff told him that he should do it, and take his arms to his,
sheriff's office, and lay them off. Then Frank McLaury said he had
town that he would like to attend to, but he said he would not layoff
and attend to his business unless the Earps were disarmed. The Sheriff
his arms around me and felt if I was armed. Tom McLaury remarked to the
Sheriff, "I am not armed, either." and opened his coat by taking hold
of the lapels and throwing it open, this way [witness shows how]. The
looked up Fremont Street, and ordered us to stay there 'til he came
[Defense moves that the entire
conversation above be stricken out on the ground that it forms no part
"res gestae"-that it did not transpire in the presence of the
defendants or in their hearing and that it is making testimony for the
prosecution. Objected to by the prosecution. Objection sustained on the
that such conversations are hearsay, and not strictly "res gestae,"
and all conversations in the foregoing testimony shown as included in
are stricken out. Prosecution objects to the ruling of striking out the
(A) And started up that way. Just as he started up the street, the Earp party and Holliday appeared on the sidewalk and were coming down.
(Q) When the Sheriff started up the street from where the McLaurys and the Clan tons were standing, did you remain there, and if so, why did you remain?
[Defense objects to witness
giving reason for doing an act or refraining from doing an act.
overruled, and defense asks for the grounds of the ruling.]
(A) We all remained there because the Sheriff had ordered us to.
[Defense moves to have the
answer stricken out because the prosecution has obtained indirectly,
court refused directly. Motion overruled by the Court.]
(Q) When Mr. Behan went up the
street, who did he meet coming down, and what did he do or say?
(A) He met Virgil Earp, Morgan
Earp, Wyatt Earp, and Holliday coming down Fremont Street. He held up
and told them to stop, that he had our party in charge.
(Q) State what they did,
whether they stopped, and if they did not, what did they do?
(A) They did not stop, but
passed by him and came down where we were.
(Q) How far was it from where
you were standing to the point where Sheriff Behan met the Earps and
(A) I should judge it to be
about twenty paces?
(Q) You say the Earps and
Holliday came on down to where you were-what did they do when they got
and what did they say?
(A) They pulled their pistols
as they got there, and Wyatt Earp and Virgil Earp said, "You
sons-Of-bitches, you have been looking for a fight!" and at the same
ordered us to throw up our hands. And they said, "You have been looking
for a fight!" and commenced shooting.
(Q) Who commenced the
(A) The first two shots were
fired by Holliday and Morgan Earp. Wyatt Earp and Virgil Earp fired the
shots, immediately afterward. Virgil Earp shot before Wyatt did.
(Q) How close together were
the two first shots that were fired by Holliday and Morgan Earp?
(A) They were fired so close
together I could not tell which one shot first.
(Q) How long after that was it
that Virgil Earp fired?
(A) It was almost immediately,
perhaps a couple of seconds afterwards.
(Q) State, if you know, at
whom Mr. Holliday and Morgan Earp fired?
(A) Morgan Earp shot William Clanton, and I
don't know which one of the
McLaury boys Holliday shot at. He shot at one of them.
(Q) How do you know that Morgan Earp shot
(A) Because I seen his pistol pointed within
two or three feet of his
bosom, saw him fire and saw William Clanton stagger and fall up against
house and put his hands onto his breast.
(Q) In what position were Billy Clanton's
hands at the time Morgan Earp
fired at him, and you saw him stagger and fall up against the house?
(A) His hands were thrown up about even with
the level of his head-his
hands in front of him.
(Q) When those first shots were fired, in what
position were the hands
of Frank and Tom McLaury and yourself?
(A) Frank McLaury had his hands up [witness shows how he held up his hands, by holding his hands up, with the palms open, his fingers about level with the top of his head]. I was holding my hands the same way and Tom McLaury took hold of the lapels of his coat, threw them open, and showed that he had no arms on.
(Q) Were you or not at any time during the
shooting, armed; and if not,
where were your arms, if you know?
(A) I was not at any
time during the shooting armed. I understood Virgil Earp had taken my
short time before that and left them behind the Grand Hotel bar.
(Q) What sort of arms did Virgil Earp take
from you, and leave behind
(A) A Colt .45 caliber
pistol, and a Winchester carbine.
(Q) State, if you know,
whether at any time during the shooting, Tom McLaury was armed?
(A) I never saw him
with any arms during the shooting.
(Q) Do you know where
his arms were or any of them at the time of the shooting?
(A) His Winchester was in the stable on
Fremont Street below where the
shooting occurred [West End Corral]. I don't know where his other arms
(Q) Did you come into town with Tom McLaury,
and if so, how long before
(A) Yes sir, I came
into town with him on the day previous to the shooting; it was about 11
in the forenoon. We came in in a spring wagon.
(Q) Now state, if you
know, how many arms he brought in with him, and what kind they were?
to by the Defense as having no pertinency to the issue. Objection
(A) He brought in with
him, a Winchester carbine and a six-shooter. [Here, Andrew J. Mehan,
formerly testified, produces the pistol he had in court at the time of
examination, which pistol is handed to the witness, who says, "This is
same pistol that Tom McLaury brought into town the day before the
know it by the guard being sprung and by its general appearance."]
(Q) State, if you please, now, whether or not
the Winchester carbine of
Tom McLaury's that you say he brought in with him the day before, was
one that was at the stable on the day of the shooting.
(A) It was.
(Q) At the time the Earp party and Holliday
came up to where you and the
McLaurys and Bill Clanton were standing, what, if anything, did Wyatt
(A) He shoved his pistol up against my belly
and told me to throw up my
hands. He said, "You son-of-a-bitch, you can have a fight!" I turned on
my heel, taking Wyatt Earp's hand and pistol with my left hand and
around the shoulder with my right hand and held him for a few seconds.
was holding him he shot. I pushed him around the corner of the
gallery and then I jumped into the door. I went right on through the
out of the back way. I then went on across Allen Street and into the
on that street. As I jumped into the door of the photograph gallery, I
some bullets pass my head. As I went by an opening, I heard some more
pass by me.
(Q) In passing from
Fly's photograph gallery towards Allen Street, state whether or not you
by a house to the right of the Fly's photograph gallery, and if
whether or not you heard any shots strike it.
heard some bullets strike the building ahead of me.
(Q) How many shots were
fired by the Earp party before you left the ground where the shooting
best of my belief, there were four or five. There were four, and I
(Q) Up to that time, had there been any shots
fired by either of the Clan
tons or the McLaurys?
(Q) Up to that time, did you see any weapon of
any kind drawn by or in
the hands of either of the Clantons or McLaurys?
They all had their hands up, up to that time. Tom McLaury had his hands
holding his coat open.
(Q) Did you see any weapons in the hands of
Frank or Tom McLaury or
Billy Clanton while you remained on the ground?
(Q) Did you or not, at
any time during the shooting, see a horse or horses on the ground where
shooting occurred? If so, state who, if anybody had them.
there were two horses there. Frank McLaury was holding a horse; Billy
had a horse also, and standing right by him.
(Q) What became of those horses, while you
remained there, as far as you
noticed the horses after the shooting commenced.
(Q) Were there or not, any arms on those
horses, and if so, what kind
there were arms on them. They were Winchester carbines. There was one
horse, in the gun scabbards.
(Q) State whether or not those arms were drawn
from their scabbards while
you stayed there.
(A) No sir, they were not, while I stayed there.
(Q) How come you and
Billy Clanton and the McLaurys to be there? [Objected to on the ground
reasons permitted to be entered into would exonerate all persons
crime. Objection overruled.]
for going there was to get mine and Tom McLaury's team. By mutual
Billy Clanton and Frank McLaury had given orders to have our team
[Defense Counsel moves to strike out the foregoing answer. Motion
(Q) At the time the Earp party approached the Clantons and McLaurys on Fremont Street, at the place where the shooting occurred, was the latter party making any noise or disturbance, or were they peaceable and quiet?
[Question objected to on the ground that
inference and deductions of
acts are called for instead of the acts themselves. Objection
making no disturbance or noise and they were peaceable and quiet.
(Q) State if there was any previous difficulty
between you and the defendants
or either of them; and if yes, when and where?
(A) Yes sir, there was a difficulty between Holliday and Morgan Earp and I, the night before at a lunch stand in this town near the Eagle Brewery Saloon, on the north side of Allen Street. As well as I remember, it was about 1 o'clock in the morning. I went in there to get a lunch. While sitting down at the table, Doc Holliday came in and commenced cursing me and said I was, "A son-of-a-bitch of a cowboy," and told me to get my gun out and get to work. I told him I had no gun. He said I was a damned liar and had threatened the Earps. I told him I had not, to bring whoever said so to me and I would convince him that I had not. He told me again to pull out my gun and if there was any grit in me, to go to fighting. All the time he was talking, he had his hand in his bosom and I supposed on his pistol. I looked behind me and saw Morgan Earp with his feet over the lunch counter. He has his hand in his bosom also, looking at me. I then got up and went out on the sidewalk. Doc Holliday said, as I walked out, "You son-of-a-bitch, if you ain't heeled, go and heel yourself." Just as I stepped out, Morgan Earp stepped up and said, "Yes, you son-of-a-bitch, you can have all the fight you want now!" I thanked him and told him I did not want any of it now, I was not heeled. Virgil Earp stood off about 10 or 15 feet from us on the sidewalk. Just about this time, or perhaps a minute later, Wyatt Earp came up where I was. Wyatt did not say anything. Morgan Earp told me if I was not heeled, when I came back on the street to be heeled. I walked off and asked them not to shoot me in the back.
[COURT HERE ADJOURNED UNTIL THURSDAY,
1881, AT 9 O'CLOCK A.M.]
I did not see Morgan Earp or Doc Holliday any
more to speak to them that
night. A half hour after that, I presume, I came back to the next
saloon on the
west, called the Occidental. I sat down in this saloon and played poker
night, until daylight. Tom Corrigan was tending bar there in that
Virgil Earp and Tom McLaury and another gentleman, I don't know his
Johnny Behan, were playing the game. While the row was going on, on the
sidewalk, just as I walked away, Virgil Earp told Morgan Earp and
let me along while Jim was there.
(Q) To whom did Virgil Earp refer when he told
Morgan Earp and Holliday
to let you alone while Jim was there?
(A) Jim Flynn the policeman, the only person
that I know there by that
name. When the poker game broke up in the morning at daylight, I saw
take his six-shooter out of his lap and stick it in his pants. I got up
followed him out of doors on the sidewalk. He was going down Allen
towards the Cosmopolitan Hotel. I walked up to him and told him in
what he said to the policeman the night before and playing poker with a
six-shooter in his lap, that I thought he stood in with those parties
tried to murder me the night before. I told him if that was so, that I
town. He said he was going to bed. I went back and passed my chips into
poker game and had no more talk with Virgil that morning. I think it
half-past one o'clock, as I was walking up on Fourth Street from
Allen Street, Virgil and Morgan Earp came up behind-don't know where
from. Virgil Earp struck me on the side [of] the head behind the ear
six-shooter and knocked me up against the wall. Morgan Earp cocked his
and stuck it at me. Virgil Earp took my six-shooter and Winchester from
did not see or know that they were about there, until I [was] struck. I
know who struck me until after I recovered from my fall against the
pulled me along and said, "You damned son-of-a-bitch, we'll take you up
here to Judge Wallace's."
When I got there and was put behind the
railing, Wyatt Earp came in and
told me I could have all the shooting I wanted, and cursed me. I did
Doc Holliday there. He called me a thief and son-of-a-bitch, and told
could have all the shooting I wanted, to name my style of fighting, or
something like that. Virgil Earp spoke up and told me he would pay my
fine if I
would fight them. I told him that I would. Wyatt Earp offered me my
me to take it. He handed it to me muzzle first, the muzzle pointed down
presented it. I saw Virgil Earp put his hand in his bosom, this way,
motion]. Morgan Earp stood over me and behind me on the bench in the
Wyatt Earp stood to the right and in front of me, and then I told them
not want any of it, that way. Wyatt Earp asked me where I wanted to
as well as I remember, I told him I would fight him anywhere or any
conversation occurred in the Courthouse while I was a prisoner. I am
positive whether Judge Wallace was present or not. I don't think he
was, as we
waited there sometime for something or other before he imposed the
were others there. The front of the building was full. I was fined and
and was released. This occurred about one o’clock, I think or just
all occurred on the day of the killing, I should judge about an hour
half, as well as I can calculate the time.
(Q) At the time you were released, who if
anybody had your arms?
(A) Virgil took them in charge when I was
arrested and I hadn't got them.
(Q) When, after that
time, and where did you get your arms?
(A) I got them a couple
of days after that from William Soule, the jailer.
(Q) Had you, at the time you state that Doc
Holliday charged you with having
threatened the Earps ever in fact threatened the Earps or Doc Holliday?
(A) No sir. I never threatened the Earps or Doc Holliday.
[HERE THE EXAMINATION OF WITNESS WAS SUSPENDED UNTIL SATURDAY, NOVEMBER 12, 1881, AT 10 O'CLOCK A.M.]
[SATURDAY, NOVEMBER 12, 1881, EXAMINATION OF JOSEPH I. CLANTON RESUMED]
(Q) On what day and at what time of day did
you arrive in Tombstone from
your ranch prior to the 26th of October, 1881?
(A) I came in town on the 25th [day] [of]
October. I think it was about
between 10 or 11 o'clock in the morning. I did not come from my ranch.
from Sulphur Spring valley. I left my ranch three days before that.
(Q) Who went with you
from your ranch to Sulphur Spring valley?
(A) I went by myself,
(Q) Who came in with
you from Sulphur Spring valley?
(A) Tom McLaury.
(Q) Did you or did Tom McLaury, to your
knowledge, on the night of the
25th, or at any time during the 25th or 26th [of] October, send, or
cause to be
sent, a telegraphic dispatch from the office here to Charleston or any
point, to William Clanton or Frank McLaury or to any person or persons,
directing Frank McLaury or William Clanton to come to Tombstone?
(A) I did not, and I know that Tom did not,
for we had taken breakfast
with Frank McLaury and William Clanton the day we came into town, at
Chandler's milk ranch, which is ten miles from here, at the foot of the
(Q) Do you know a man by the name of Neil
Boyle, the saloon keeper at
(A) I know a man named Ned Boyle.
(Q) Were you in the Oriental Saloon about 8
o'clock the morning of the
day of the difficulty?
(A) I don't remember being there.
(Q) Did you not say, in the presence of this
Boyle at about that time,
in the Oriental Saloon, that as soon as the Earps came on the street,
(A) I don't remember seeing Ned Boyle that day.
(Q) Did you make that remark, or one of
similar import, at about that
time in the Oriental Saloon, and in the presence of this Boyle?
(A) I don't remember making any such remark in
(Q) Were you in that saloon at or about that
time with a pistol in your
(A) I don't remember being in the saloon on
(Q) Were you in Kelly's Saloon at or about the
hour of 10 A.M. on the
morning of the day of the difficulty?
(A) I was.
(Q) Did you not make the remark in Kelly's
Saloon in [the] presence of'
Jo Stump and Kelly, and in answer to the question of Kelly to YOU'
was the matter?" [That] the Earp crowd had insulted you the night
when you were unarmed,-"I have fixed," or "heeled" myself
now and they have got a fight on sight, or language of like import?
(A) I remember that there was very near that
conversation in Kelly's Saloon.
It was about 10 A.M., I think.
(Q) Did not Kelly say
to you, you meant to shoot if you said so? [Objected to by prosecution
ground that it is not ''res gestae." Objection sustained.]
(Q) Did you not at the time, have a Winchester
rifle in your hand, and a
six-shooter in your belt?
(A) I had no belt on. I had a Winchester and a
six-shooter, which I had
(Q) Do you not know William Daly, commonly
known as Farmer Daly?
(A) Yes sir, I know him.
(Q) Do you remember, about four weeks ago, that you and Frank McLaury rode up in front of Hafford's Saloon in this city and that you or Frank McLaury called Daly out of the saloon and that either you or Frank McLaury said, "We understand they have formed a Vigilance Committee against us?" That Daly said there was some talk about the matter, but he did not know much about the matter. One of you said-you or Frank McLaury-"Can you deny but that man in there [meaning Morgan Earp, who was in the saloon] belongs to the committee?" Daly said, "He does not belong to it." One of you said, "We don't believe it. Even if it were so, it don't make any difference, they [meaning the Earps] are in our way, anyway, and will have to be got out." Did not that conversation ensue between you and Frank McLaury and Daly at or about the time indicated, at the place specified, and under the circumstances, or conversation of similar import, and was not Morgan Earp In Hafford's Saloon and within your vision?
[Objected to by [the] prosecution. Objection
sustained, on the ground
that it assumes facts that have not been stated or proven by the
witness or relates
conversation of persons who were not the defendants or the persons
(Q) Do you not remember riding up with Frank McLaury about four weeks ago to Hafford's Saloon?
[Question objected to.
Sustained on same ground.]
(Q) Did you at or about four weeks ago or not,
ride up to Hafford's Saloon
in company with Frank McLaury?
(A) I don't remember ever riding up to that
saloon in company with Frank
(Q) Do you, or do you not, recollect the conversation detailed in the previous question, transpiring between you and Daly or between Frank McLaury and Daly, within the hearing of you three, at the time and place specified in that question?
[Question objected to
by prosecution. Objection sustained on same grounds given above.]
(Q) Did you ever, at any time or place in this city, within the last two months, and prior to October 26, 1881, say to any person whatever, "They [meaning the Earp brothers] are in our way, anyway, and will have to be got out," or language of similar import?
[Objected to by prosecution upon the ground
that the person is not named
in the question to whom the remark, if made, was made. Defense does not
(Q) You made, did you not, the sworn complaint
in this case?
(A) I did.
(Q) Have you or not,
employed counsel to prosecute in this case?
(A) Yes sir.
(Q) Where, precisely,
is your ranch and the McLaury ranch?
(A) My ranch is about 14 miles from Tombstone,
about four miles from
Charleston, on the San Pedro River, and McLaury's ranch is about 30
mine, in Sulphur Spring valley. It is located 25 miles from this place.
(Q) Did you ever see this telegram before?
[Here witness is presented
with a paper purporting to be a telegram, reading as follows "San
June 7, 1881. Received at [blank] June 7, 1881, 4 o'clock P.M., To
Williams. Yes we will pay rewards for them dead or alive. L. F.
(A) I never saw it
(Q) The night of the
difficulty or controversy between you and Doc Holliday, in what
Doc Holliday first approach you?
(A) He first said I had been using his name.
He did not say in what way.
(Q) To what did he refer to in making use of
(A) He said I had
threatened the Earps.
(Q) Was that all?
(A) I told him I had
not threatened the Earps or had not used his name. I did not know what
referred to about using his name.
(Q) Were you, up to
that time, friendly with the Earps?
(A) Yes sir.
(Q) Did you know Billy
Leonard, Harry Head and Jim Crane?
(A) I knew Billy
Leonard and Jim Crane, and had seen Harry Head a few times, but was not
acquainted with him.
(Q) Did not these
persons often stop at your ranch?
(A) They sometimes
stopped at a ranch I had over in New Mexico, and Billy Leonard often
stopped at my ranch four miles above Charleston before this trouble of
(Q) Were these parties
supposed to be connected with the attempt to rob the stage and the
(A) I don't know anything, only what Doc Holliday, Wyatt, Virgil, and Morgan Earp, and others told me about it.
[Objected to. Objection
overruled subjected to a reserved ruling as to whether they shall be
out for failure to show their relevancy and materiality]
(Q) Did not Wyatt Earp
approach you, Frank McLaury and Joe Hill for the purpose of getting you
parties to give said Leonard, Head and Crane away-in the Arizona
that he, Wyatt Earp, could capture them?
(A) Wyatt Earp approached me, but I do not
[know] that he ever
approached Frank McLaury or Joe Hill. I met him in the Eagle Brewery
night and he asked me to take a drink with him, and while they were
drinks, he told me that he wanted a long private talk with me. After we
drank, he stepped out into the middle of the street with me. He then
told me he
would put me on a scheme to make six thousand dollars. I asked him what
He told me he would not tell me unless I would promise to do it, or if
not promise to do it, not to mention our conversation to anyone else.
made me promise on my honor as a gentleman not to repeat the
conversation if I
did not like the proposition. I asked him what it was. He told me it
legitimate transaction. He then made me promise the second time that I
not mention it any more. He told me he wanted me to help put up a job
Crane, Leonard and Head. He said there was between four and five
reward for them, and he said he would make the balance of the six
dollars up out of his own pocket. I then asked him why he was anxious
capture these fellows. He said that his business was such that he could
afford to capture them. He would have to kill them or else leave the
He said he and his brother, Morgan, had piped off to Doc Holliday and
Leonard, the money that was going off on the stage,10 and he said he
afford to capture them, and he would have to kill them or leave the
for they [were] stopping around the country so damned long that he was
some of them would be caught and would squeal on him. I then told him I
see him again before I left town. I never talked to Wyatt Earp any more
(Q) Where were you born
was born in Missouri.
(Q) At what time of the
day of the shooting did Frank McLaury and Billy Clanton arrive in town?
arrived in town about half an hour before they were killed.
(Q) Where did they come
came from Antelope Springs. They are east of here
and about 13 miles from town.
(Q) Did you have four or five conversations with Wyatt Earp in the yard connected with the Oriental Saloon in reference to the arrest of Leonard, Head, and Crane?
[Question objected to
by the Prosecution. Objection sustained on the ground that no limit of
(Q) Did he not tell you in some of these
conversations he had with you,
or in some other conversation, that he expected to run for sheriff at
election; that he would like to capture these men if he could; that he
give you and your party all the reward that had been offered if, Wyatt,
catch them; [that] he, Wyatt, would rather have the glory than the
that you and Frank McLaury and Joe Hill agreed to give up, or capture
parties, or to lead them to a place where Wyatt could capture them,
the reward was paid dead or alive; and did not this conversation take
the yard connected with the Oriental Saloon, in this city, between
yourself, and some one or more of the parties I have indicated,-Virgil
Wyatt Earp, yourself, Frank McLaury, and Joe Hill-about six weeks after
had never any
conversation with him in company with Joe Hill or Frank McLaury or
in the yard of the Oriental Saloon. I never heard him say anything
running for sheriff and I never heard him say that he wanted to capture
(Q) Did you not have a conversation or
conversations of like import and
about the time and at the place mentioned in the proceeding
never had no conversation
with Wyatt Earp in regard to that in the Oriental yard.
(Q) Did you say in such conversation that these parties would make a fight, and that Wells Fargo & Company were not in the habit of paying rewards except upon conviction, and that you would not consent to ambuscade them unless Wells Fargo & Company would pay the reward dead or alive?
[Objection made by prosecution and withdrawn.]
never had but one
conversation with Wyatt Earp upon that subject, and did not talk
Wells Fargo's business, only that he said that Wells Fargo would give
four and five thousand dollars.
(Q) And did not Wyatt Earp, either upon his
own or your suggestion, upon
some one of the conversations, tell you that he would have Wells Fargo
Company telegraph if they would pay the reward dead or alive?
never heard anything
about the telegram to Wells Fargo before today, and I made no
suggestion in the
conversation and had only one conversation with Wyatt Earp on that
(Q) Did not Wyatt Earp, during these
conversations, show you that
document, in front of the Alhambra, four or five days after he had the
conversation? [Shows witness the telegram.] [Here, after argument, the
shown to the witness and called a copy of the telegram, is here to
marked, "Exhibit A."]
heard of, or saw that telegram before, and do not know what
alluded to, as I never had but one.
(Q) Did you not, in some one of these
conversations, tell Wyatt Earp
that you knew where Leonard, Head and Crane were concealed?
in the conversation I had with him, for I did not know where they were
(Q) Did not these three parties frequent,
about the time of these conversations,
your or your father's cattle ranch?
conversations do you mean?
(Q) The conversations
about which I have interrogated you.
had no conversations. I had but one conversation, at
the time of that conversation with Wyatt Earp, I don't know, as I was
(Q) Were not these parties, up to that time,
frequent visitors at your
and McLaury's ranches?
McLaury's ranch, I don't know. They sometimes came to my place before I
this talk with Wyatt Earp.
(Q) Did you not, in concert or agreement with
Wyatt Earp, dispatch Joe
Hill, from Tombstone, to bring these parties to McLaury's ranch for the
of having them arrested by Wyatt Earp?
(A) I never had no talk with Joe Hill about
this business and,
consequently, never dispatched Joe and had no arrangement with Wyatt
Joe Hill to act in concert about.
(Q) And were you not present when Joe Hill deposited his watch and money with Virgil Earp, before departing on this expedition?
[In protection to the
witness, question is overruled by [the] court on its own motion, on the
that it is assuming certain facts that have not been proved or
testified to by
(Q) Have you not frequently, you and Frank McLaury, charged Wyatt Earp, Virgil and Morgan Earp, with having given you two away to Marshall Williams and Doc Holliday, in making them confidant in your effort at surrendering Leonard, Head, and Crane to justice-your particular friends and associates?
[Counsel for the prosecution objects to the
words, "Your particular
friends and associates," as being an assumption of facts not
or testified to by witness. Objection sustained on the ground the words
objected to assume a state of facts not testified to by the witness.]
(Q) Omitting [the] words in the last question,
"your particular friends
and associates," answer the question.
(A) In regard to Frank
McLaury, I don't know whether he ever charged anything of the kind or
as to my part, I had nothing to do with bringing them to justice,
I could not charge the Earp brothers with giving me away to anybody.
(Q) Did you not so state to several parties, and if so, to whom, and at what time?
[Objected to on the
ground that it is not proper cross-examination, that it does not state
time, place, and persons to whom the statement was made, if made at
Question not pressed.]
(Q) What were the first words addressed to you
by Doctor Holliday on the
first intercourse, of which you have spoken on the night of the day
the difficulty in which these parties were killed? Did he not say to
"I understand that you say the Earp brothers have given you away to me
that you have been talking about me."
(A) I don't recollect exactly what his first
words were-they were not
those, though. He said to me that I had been using his name and had
the Earp brothers.
(Q) Did you not, sometime during the day of
the difficulty and preceding
the difficulty, telegraph to Charleston for William and Phin Clanton to
(A) No sir.
(Q) In what position upon your person were the
Winchester rifle and
pistol at the time you encountered Virgil and Morgan Earp-I mean, at
you were disarmed, on the day of the difficulty?
(A) My pistol was stuck
in the waistband of my pants. The handle was exposed to view, but under
coat; I was packing the Winchester in my hand.
(Q) Where, precisely,
did they encounter you?
(A) On Fourth Street, between Fremont Street
and Allen, on the left-hand
sidewalk, going from Fremont to Allen. I was just leaving the Capitol
Saloon-Moses and Mehan keeps it-I was going to the Pima County Bank. I
those weapons about my person for self-defense.
(Q) In the conversation that transpired
between you and the Earp boys in
Wallace's Court Room, is it not a fact that Virgil Earp did not
herein, but that he was absent in pursuit of Justice Wallace?
(A) In the commencement of the abuse by Morg
and Wyatt Earp, I do not
think that Virgil Earp was there. He was there in the latter part of
they were cursing me, and remarked that they would "give it to me
now!" or something to that effect.
(Q) Did you see William or Billy Clanton as he
is called, with a pistol
in his hands during the fight?
(A) No sir.
(Q) Are you aware, from any source, that he
did have a pistol during the
fight, and what is your source of information?
(A) I never saw him have any pistol at that
time, and don't know that he
had any, only from hearsay.
(Q) Do you know where he got the weapon?
[Question objected to on the ground that it
assumed he had a weapon. Objection
sustained on the ground that the witness has already answered that he
know that Billy Clanton had a weapon, and the question assumes that he
question is still pressed by the defense and refused by the court.]
(Q) How long after you retreated, as you have
stated, from the scene of
the firing, and how long after the shooting ceased, did you return to
of the firing, if you returned at all?
(A) I did not return at all to the scene of
the firing, only I passed by
there eight or ten days after it was done, and then was back there two
(Q) Was Billy Clanton a
brother of yours?
(A) He was.
(Q) During the lifetime
of Frank McLaury, were you not with them in close business and friendly
(A) I was.
(Q) How many cattle have you sold during the past year, or about how many, if any, and how many of those cattle had you procured by legitimate means?
[Objected to by [the]
prosecution. Objection withdrawn.]
(A) To the best of my
recollection in the neighborhood of 700 head. I raised and purchased in
connection with the McLaury boys, about 700 head. I got them honestly
raising and purchasing them.
(Q) When you took hold
of Wyatt Earp's arm at some stage of the shooting, as you say, did he
to you, "This fight has commenced, and you must either fight or get
(A) No sir, he made no such remark. The only
thing he said was to, "throw
up your hands!" and stuck his pistol against my belly.
(Q) How many shots had been fired at the time
he made that observation
(A) There had not been any fired.
(Q) Is Charleston directly upon the route
between your ranch and Tombstone,
or is that the route, or do you generally take Charleston in your route?
(A) There is a nearer
road to my ranch than going by the way of Charleston, I sometimes take
Charleston in my route and sometimes take the nearer road.
(Q) Do you know Ned
Boyle, who keeps bar at the Oriental Saloon?
(A) Yes sir.
(Q) Did you not, about the hour of 8 A.M. on the day of the shooting somewhere in Tombstone, say to Ned Boyle, that as soon as the Earps showed themselves on the street, they had to fight-having at the same time, a pistol in your hand? If so, state the precise point where this remark was made.
[Objected to as not being sufficiently
definite as to place. Objection
(A) I don't remember speaking to Ned Boyle
about it. I think I saw him,
but don't remember saying anything to him about it. I don't think I
Earps had a fight when they came on the street. There
were three of them that I never had an
unpleasant word with in my life, up to that time. I don't remember
pistol in my hand.
(Q) How long preceding the shooting were you
and Tom McLaury and Billy
Clanton and Frank McLaury in the gun shop on Fourth Street? [Question
(Q) Were you, William
Clanton, Frank and Tom McLaury in the gun shop on Fourth Street during
of the shooting, and if so, how long before the shooting commenced?
(A) I was in the gun shop. William Clanton
came there after me. I don't know
whether he came in the shop or not. I am very sure that Tom McLaury was
there; Frank McLaury came in the shop and asked where Tom was.
(Q) Is it not a fact that Billy Clanton and
Tom and Frank McLaury were
there and that you came there subsequently as the fourth party?
(A) I was the first party that was there.
(Q) Do you remember Wyatt Earp moving a horse belonging to one of your party from the pavement into the street, and that at that time you seized hold of a gun in the gun shop?
[Objected to on the ground that it assumed
that he had or took hold of a
gun, without such fact being proved, and that it assumed that there was
on the pavement and removed into the street by Wyatt Earp, and no such
been proved. Objection sustained on the ground that the question
to exist that have not been proven or testified to by the witness.
[the] Defense presses the question, and the Court refuses.]
(Q) Did not Virgil Earp tell you where he had
your Winchester and pistol sometime after he had taken them from you?
(A) He did not, in
Wallace's Court Room. He told me where he would leave them at, while
arrest. He said he would leave them at the Grand Hotel Bar.
(Q) At what period of
the shooting did you run?
(A) There had been four
or five shots fired.
(Q) Knowing, as you
say, that those shots proceeded from the Earp party, was not your
directed entirely upon the Earp party?
(A) No sir, not
entirely upon the Earp party. I was looking at my brother and the
(Q) How much time was consumed from the
"Hold up your hands!", and the first four shots?
(A) It was done as quickly as it could be
suppose in five, or six, or ten seconds.
(Q) Did you run into the door of the
facing Fremont Street?
(A) I did.
(Q) Where was
Claiborne, or the Kid, at the time you commenced running?
(A) I don't know where
he was when I commenced running.
(Q) Where were you
precisely, in reference to the comer of the photograph gallery when
thrust, as you say, his pistol against your belly, and made use of the
"Hold up your hands!"?
(A) I was standing almost at the northwest comer of the photograph gallery. Wyatt Earp was standing north of the northwest comer, and I was standing west of the same comer. Doc Holliday was standing near the outer edge of the sidewalk, and about opposite the comer. I cannot locate exactly, where Virgil Earp was, but I think he was to the left of Doc Holliday, on the sidewalk. Frank McLaury was standing in front of the vacant lot and tolerable close to the comer of the building west of the photograph gallery, as well as I can judge, he was about four feet east of the comer, and four feet in front of it. Tom McLaury was standing just to the left of Frank on the sidewalk, right behind him almost. Billy Clanton was standing in the vacant lot, about four [feet] east of the building, and about two feet in from the sidewalk, as well as I can judge the distance.
(Q) Were you frightened at all sir?
(A) Well sir, I cannot say that I was
they first came there, because I had no idea they intended to murder
and me. But when I came to see them shooting the boys with their hands
knew I was disarmed, and while Wyatt Earp was trying to murder me, I
would be killed if I did not get away.
(Q) Where did you retreat from? State the
course of your retreat.
(A) I ran through the front door of Fly's
house, through the hall to the open space between the lodging house and
daguerrean gallery, thence into the open space west of the daguerrean
thence southerly to Allen Street-going past the door of a house
of the daguerrean gallery, I don't think I entered the O.K. Corral in
Allen Street, I don't remember exactly how the buildings are located
(Q) Did you not, before you reached Allen
from your person and throw on the ground, a loaded pistol that you had
from the gun shop on Fourth Street?
(A) No sir. I had procured no pistol from the
or no other place after I was disarmed by Virgil Earp.
(Q) Who started to run first, you or Claiborne?
(A) I never noticed Claiborne after the
commenced, and don't know.
(Q) If you know, state where Billy Clanton procured the pistol he used during the melee.
[Objected to because it assumed that Billy Clanton had a pistol, and used it at the shooting, when such fact has not been proved by this witness. Objection sustained on the ground that it assumed facts to exist not proven nor testified to by the witness. Question pressed by the Defense and the Court refuses to have the same put.]
(Q) Who was with you
when you were knocked up against the building and disarmed on Fourth
between Fremont and Allen, on the day of the shooting, if any person?
objected to as the subject matter was entered into by the prosecution
should have been exhausted by the prosecution and is not a legitimate
of rebuttal. Objection overruled.]
(A) There was a gentleman with me by the name
of William Stillwell.
(Q) At the time stated in the question
propounded to you in your
cross-examination about a conversation with Ned Boyle, state if Thomas
Frank McLaury, or Billy Clanton or either of them were with you at 8
(A) I don't remember of any conversation with
Ned Boyle at 8 o'clock of
that day, or about that time. Tom and Frank McLaury and Billy Clanton
(Q) What were you doing in the gun shop on
Fourth Street, between
Fremont and Allen on the day of the shooting, and before the shooting,
was your physical condition at that time?
(A) I often frequent the gun shop everyday that I am in town, almost. I went there and asked for a pistol. The gentleman that runs the shop remarked that my head was bleeding, that I had been in trouble, and he would not let me have it. My physical condition was that from the blow I received from Virgil Earp, I felt very sick. The blow was just over the ear, on the side of my head.
[Counsel for defense moves that the answer on
his physical condition be
stricken out, as it was a matter entered into by the prosecution, fully
explained, and is not a subject of re-examination for the prosecution.
overruled. The defense asked the Court [to] give its reasons for its
Court rules that the defense has no right to ask it on a question of
(Q) You were asked, in your cross-examination, if Billy Leonard, Jim Crane, and Harry Head were supposed to be connected with the attempt to rob the stage at the killing of Bud Philpot and to which you answered, "I don't know anything about it but what Virgil Earp, Morgan Earp, Wyatt Earp and Doc Holliday and others told." Please state what Doc Holliday told you upon the subject, and when you have answered as to him, state what Morgan Earp told you, then state what Virgil Earp told you, then state what Wyatt Earp told you.
[Objected to by defense on the ground that the
question by the defense
was generic in character, and neither sought nor asked source of his
information, if he had any; never enquired of any conversation between
other parties, and therefore, such unsolicited conversations are not
extra-action by the prosecution in rebuttal. Objection overruled. ]
(A) To the best of my recollection, what Doc
Holliday told me was this:
I came into town a few days after Bud Philpot was killed. Doc Holliday
if I had seen William Leonard and his party. I told him I had, I had
the day before and they told me to tell Doc Holliday they were going to
Jose Mountains. He asked me if I had a
talk with them. I told him only for a moment or two. He told me then
would see me later in the evening. This was in front of the
Later I met him at Jim Vogan's place, and after talking with him a
asked me if Leonard told me how he came to kill Bud Philpot. I told him
Leonard told me nothing about it. He, Doc Holliday, then told me that
the messenger, had the line, and that Bud Philpot had the shotgun, and
made a fight and got left. About that time, someone came along and our
conversation ended. I told Doc Holliday not to take me into his
I did not want to know anything more about it. Doc Holliday told me he
there at the killing of Bud Philpot-at the time he told me Bud Philpot
fight and got left, he told me that he, Doc Holliday, shot him through
heart. [Witness says, "Scratch that out and put it down just as Doc
Holliday said."] He said he saw, "Bud Philpot, the damned
tumble off the cart!" That was the last conversation concerning that
affair I had with Doc Holliday. He has often told me that if I saw Bill
Leonard, Crane and Harry, to tell them that he was all right.
Sometime in June I came in here, as well as I
remember, I met Wyatt Earp
in the Eagle Brewery Saloon. He asked me to take a drink with him, and
the barkeeper was mixing our drinks, he told me he wanted a long
with me. After our drink, he stepped out into the middle of the street.
me then he could put me on a scheme to make six thousand dollars. I
what it was. He told me he would not tell me unless I would either
do it, or to promise not to mention our conversation again. He then
told me it
was legitimate, and we then had the same conversation I have heretofore
on my cross-examination.
The morning after my conversation with Wyatt Earp, I met Morg Earp in the Alhambra Saloon and he asked me what conclusion I had come to in regard to my conversation with Wyatt. I told him I would let him know before I left town. He approached me again on the same subject about four or five days afterwards and we had considerable talk about it at that time, and I only remember that he told me that 10 or 12 days before Bud Philpot was killed, that he piped off $1400 to Doc Holliday and Bill Leonard, and that his brother Wyatt, had given away a number of dollars to Doc Holliday and Bill Leonard that was going away on the stage the night Bud Philpot was killed. We talked a while longer, but I don't know what was said, only that I told him I was not going to have anything to do with helping to kill Bill Leonard, Crane and Harry Head.[At the time of stating the above sentence, the witness first said, "capture," and then corrected it to "kill." of which correction and change, Counsel for Defense asked a memorandum be made, which is here done. [Signed] Wells Spicer, Justice of the Peace.]
Virgil told me to tell Bill Leonard at one time, not to think he was trying to catch him when they were running him, and told me to tell Billy that he [had] thrown Paul and the posse that was after him off of his track, the time he left Helm's ranch at the foot of the Dragoon Mountains, and that he had taken them on to a trail that went down into New Mexico, and that he had done all he could for him, and that he wanted them to get those other fellows that were with him-Crane and Head-out of the country, for he was afraid that one of them might get captured and get all of his friends into trouble. In that conversation he said they had quit their trail of three horses and taken a trail of fifteen horses. He was sending this to assure Billy Leonard that he was not trying to catch him and was not going back on him. He stated that Leonard, Head and Crane's trail had gone south toward [the] San Jose Mountains. He said they followed the other trail that led into New Mexico.
(Q) Why have you not told what Doc Holliday,
Wyatt Earp, Virgil Earp,
and Morgan Earp said about the attempted stage robbery and the killing
Philpot before you have told it in this examination.
(A) Before they told me, I made a sacred promise not to tell it, and never would have told it, had I not been put on the stand. And another reason is, I found out by Wyatt Earp's conversation that he was offering money to kill men that were in the attempted stage robbery, his confederates, for fear that Bill Leonard, Crane and Head would be captured and tell on him, and I knew that after Leonard, Crane and Head was killed that some of them would murder me for what they had told me.
(Q) Did you relate these conversations or the
substance of these
conversations with Doc Holliday, Virgil Earp, or Morgan Earp, to any of
counsel for the prosecution, or any person, before coming upon the
(A) I did not communicate this to my counsel until after I was put on the stand. Yes, I did relate it prior to this afternoon. I did not relate it to any person prior to being put on the stand.
[COURT TOOK RECESS UNTIL TUESDAY, NOVEMBER 15,
9 O'CLOCK A.M.] [TUESDAY, NOVEMBER 15, 1881, 9 O'CLOCK A.M.]
(Q) Did you not, on Sunday last, in this city,
in the presence of County
Recorder Jones and his Deputy; repeat the substance of what you have
to here concerning the alleged disclosures to you by the Earps and
concerning the killing of Bud Philpot and attempted robbery of the
(A) I did.
(Q) Is the gentleman
named Stillwell, to use your language, who you say was with you when
disarmed on the day of the shooting, the same gentleman recently
Tucson on a charge of robbing the Bisbee stage?
(A) No sir. It was
(Q) Where and when did
you meet Leonard, Head and Crane, at the time they told you to tell
they were going to the San Jose Mountains?
(A) I don't remember
exactly; what day it was, I only remember it was a few days after Bud
was killed-it was close to Hereford on the San Pedro River.
(Q) Did Leonard, Head, and Crane, then or at
any time, tell you that
Holliday was with them when Bud Philpot was killed?
(A) He did not tell me
then that Doc Holliday was with them. But he, Leonard, afterwards told
if Doc Holliday had not been there, and drunk, that Philpot would not
(Q) How many days after Bud Philpot was
killed, was it before you had
the interview with Holliday at the Cosmopolitan Hotel?
(A) I don't remember exactly how many days it
was-to the best of my
recollection, I think it was five or six days.
(Q) Did Holliday give you any reason why he
told you that he was the man
that fired the shot that killed Philpot?
(A) He did not give me any reason why he told
me, only afterwards in his
conversation he told me he knew Bill Leonard had told me about it.
(Q) Did he put you under any pledge of secrecy?
(A) Yes, I promised him I would never say
anything about it-the promise
was exacted by Holliday.
(Q) Did you have any
conversation with Wyatt Earp upon the subject of giving away Leonard,
Crane, except the one you have testified to?
(A) I never had but the one conversation with
him in regard to killing
them, Leonard, Head, and Crane.
(Q) Did you ever have any conversation with Wyatt Earp in the yard of the Oriental Saloon?
[Objected to by
prosecution. Objection sustained on the ground that the question is too
and sweeping, irrelevant and not admissible as cross examination at
(Q) Where did you hold the first conversation
with Morgan Earp, to which
you have testified?
(A) In the Alhambra Saloon.
(Q) Where the second?
(A) In the Alhambra Saloon.
(Q) Where did Morgan tell you that Holliday shot Philpot?
[Objection by the prosecution. Objection
sustained on the ground that
the question assumed facts to exist not proven or testified to by the
Question reiterated by defense. The court refuses to put the question.]
(Q) When and where did you hold the
conversation with Virgil Earp you
have testified to?
(A) I don't remember-it was in one of the
saloons on the right hand side
of Allen Street between Fourth and Fifth Streets.
(Q) Was I correct in my understanding that you stated on your redirect examination that one reason why you did not tell before this, of what Doc Holliday, Wyatt Earp, Virgil Earp, or Morgan Earp said or either of them said about the attempted stage robbery and the killing of Philpot, was that you feared for your own life if you did so?
[Objected to by prosecution for the reason
that the witness is asked to
testify as to the correctness of counsel and not as to his own
and correctness. Objection sustained on the ground that the witness is
asked to relate facts or circumstances, but [is] interrogated as to the
understanding of counsel. Question pressed and refused by the Court.]
(Q) About what time did you hear of the
killing of Philpot and Holliday's
participation in it?
(A) I heard of it the night it was done, [but]
I did not hear of Doc Holliday's
being implicated in it until several days afterwards.
(Q) Did you rely upon the information which
you received in reference to
Doc Holliday's participation in said killing?
(A) I said that after Leonard, Crane and Head
were killed, I was afraid
I would be murdered.
(Q) Do you still
entertain that fear?
(A) Well, after the
attempt to murder me the other day, I do.
(Q) Did anybody else beside Doc Holliday, Wyatt Earp, Virgil Earp, and Morgan Earp, or anyone of them, confess to you that they were confederates in stopping the stage and murdering Bud Philpot?
[Question objected to
on the ground that it is immaterial.]
(Q)Did not Marshall Williams, the agent of the Express Company at Tombstone, state to you, and if at Tombstone, and if so, where, that he was personally concerned in the attempted stage robbery and the murder of Philpot?
[Question objected to
(Q) Did not James Earp, a brother of Virgil, Morgan and Wyatt, also confess to you that he was [a] murderer and stage robber? [Objected to by prosecution, objection sustained on the ground that it is immaterial and irrelevant.]
[Signed] Joseph I. Clanton