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

November 7, 1881

On this seventh day of November, 1881, on the hearing of the above entitled cause of the examination of Wyatt Earp and J. H. Holliday; Wesley Fuller, a witness of lawful age, being produced and sworn, says as follows:

Deposition of Wesley Fuller, a gambler, of Tombstone. He states he saw the difficulty between the Earps and Holliday on one side and the McLaury brothers and the Clan tons on the other, on Fremont, near the comer of Third Street. He was right back of Fly's Gallery in the alley when the shooting began. He says he saw the Earp party, armed, at Fourth and Allen and that he was on his way to warn Billy Clanton to get out of town. He saw Billy, Frank McLaury and he thinks Behan, but did not gel to speak with Billy, as just then the Earps hove into view, and he heard them say, "Throw up your hands!" Billy Clanton threw up his hands and said, "Don't shoot me! I don't want to fight!" and at the same time the shooting commenced. At this time, he had not seen Tom McLaury nor Ike Clanton.

He says the Earp party fired the first shots. Two were fired right away, they were fired almost together. They commenced firing then very rapidly and fired 20 or 30 shots. Both sides were firing. Five or six shots were fired by the Earp party before the other party fired. Billy Clanton and Frank McLaury were the only two I saw fire of the Clanton party. As the first shots were fired by the Earp party, Billy Clanton had his hands up. [Shows the position as he stood raising his hands up to the line of his head.]  Frank McLaury was standing, holding his horse when the firing commenced. He was not doing anything that I could see. He had no weapon that I saw on him. I saw his hands and he had nothing in them. If there had been, I would have seen it. I think the first two shots were aimed at Billy Clanton. I saw that he was hit. He threw his hands on his belly and wheeled around. I did not see any effect on anybody else at that time. Frank McLaury drew a weapon and was firing during [illegible]. When he drew his weapon, he was on Fremont Street, a little past the middle of the Street. [Shows on diagram.] Further talk as to relative positions. Then he says, on questions, that seven or eight shots had been fired by the Earp party before he saw Frank McLaury draw his pistol. He tells of the space between Fly's and other building, and says he saw Tom McLaury there.  He did not see Tom again until they brought him into the building. He does not know where Ike went after seeing him pass through this building. He says Tom was staggering, as though he was hurt. He did not see any arms or even a cartridge belt on Tom after he had been brought into the building where he died. He never saw Ike with any arms at the scene of the battle. He tells of seeing Billy rolling around on the ground in agony. He helped take him into the building. He says Billy said to him, "Look and see where I am shot." He looked. He tells of wound in belly and other near left nipple. He says he told Billy he could not live. Billy said, "Get a doctor and give me something to put me to sleep." He says this is all he recollects; that he did not leave until Billy died.

He says he saw Billy shooting during the fight, a pistol; that he was then in a crouching position, sliding down against the comer of the house. He had drawn his pistol with his left hand. He says six or seven shots had been fired by the Earps before Billy drew his pistol. He says Billy was shot in the right wrist. When he saw Frank in the middle of the street, drawing his pistol he was staggering then appeared to be wounded, acted dizzy. He says Billy and Frank each had a horse there and he thinks each had a rifle strapped on in a scabbard. He is sure this was true of Frank's horse. More talk about the rifle on Frank's horse. He tells of Frank leaving the horse in about the middle of the street and staggering up the street. He says previ­ously it seemed as if Frank was trying to get the rifle out of the scabbard, but the horse kept jumping away from [him]; "He was fooling with the horse." He says probably seven or eight shots had been fired by the Earp party, "probably more," before Frank commenced trying to get the rifle.




He states he was on Allen Street between Third and Fourth Streets, on the north side, just below the O.K. Corral, when he first saw Billy Clanton, Frank McLaury and Johnny Behan on Fremont. He relates of seeing Holliday put a six-shooter in his coat pocket at Fourth and Allen. Saw one in Morgan Earp's pocket, on the right side. Wyatt had one pushed down in his pants on the right side a little. I was standing on the comer of Fourth and Allen Streets, I mean not far from them, about ten or twelve feet. I do not recollect what kind of a coat Wyatt Earp had on-at times the pistol was under his coat. I do not recollect whether Wyatt Earp had on an overcoat or not. When I saw the pistol, his coat was not buttoned. Virgil Earp had a shotgun.

He says he went right down Allen Street after seeing the Earps on the comer of Fourth and Allen, and "walked along not very fast. I stopped, probably four or five seconds and spoke a few words as I was going to this vacant space; I spoke to Mattie Webb. It was at the rear of her house that I spoke to her.,,3 He says he was not there when the first shot was fired. He shows on diagram how he went. He says he stayed in the alley but moved around during the shooting, "as bullets were flying around there." He says he kept stepping backwards, but kept his face towards Fremont and the shooting. He locates the position of the various combatants on the diagram.

He goes on to say he thinks Morgan Earp and Doc Holliday fired the first two shots, but can't tell which fired first. He says they were fired at Billy Clanton. He saw them shoot. He reiterates this. He denies he was excited. He denies he had been drinking during the day. On question says it was about 3:00 A.M. when he went to bed, and got up between 11 and 12, "I should judge."

He admits he had been drinking the day or evening before the fight, considerable; indicates it was over a period of several days. He denies he had a fit of delirium tremens. He describes the character of the wound on Billy Clanton's wrist by pointing to Mr. Fitch's wrist, a point about three inches from the palm of the hand and says, "I think it was about there. I don't know whether it was on the inside or outside of the arm." He doesn't know if it was on both sides, or deep, or shallow, and did not see any bullet in the hole, and doesn't know the extent of the wound. He doesn't believe Frank fired before he became separated from his horse. He is sure he saw Ike Clanton pass through the vacant space between Fly's buildings and that Tom McLaury also staggered into the same area. He admits he knows William Allen, but doesn't know if he is one of those who brought Tom McLaury into the house-"The house on the comer of Third and Fremont, the second house below Fly's Gallery." He reiterated that Billy was rolling around on the ground, and doesn't know what became of his horse. He says Billy and his horse became separated immediately after the fight began and he did not see the horse again. He can't place the horses on the diagram.

(Q) What are your feelings toward the defendant Holliday?

(A) We have always been good friends, and are so now.

(Q) Did you not, on the fifth day of November, 1881, about 5 o'clock in the afternoon, in front of the Oriental Saloon in Tombstone, say to or in the presence of Wyatt Earp, that you knew nothing in your testimony that would hurt the Earps, but that you intended to cinch Holliday, or words of like import or effect?

(A) 1 told Wyatt Earp then that I thought Holliday was the cause of the fight, I don't say positively 1 might have used words, "I mean to cinch Holliday," but 1 don't think 1 did.



(Q) At the time you referred to, that you had the conversation with Wyatt Earp in the last interrogation, who was present, if anyone?

(A) There were parties there, but I don't remember who they were.

(Q) Who were you talking to?

(A) Wyatt Earp.

[Signed] Wesley Fuller


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