Thomas Keefe, carpenter. To
interrogation, says he saw a difficulty between Wyatt Earp and Thomas
on October 26, 1881, to wit: "Around the corner of Fourth Street, about
feet from Allen Street, between there and Judge Wallace's court, I do
remember the exact time of day-it was about 12 o'clock I think-the man
Wyatt Earp had trouble with was walking towards Allen Street on Fourth
Mr. Earp was going from Allen Street towards Wallace's Court when they
did not understand what they said, and the fight commenced. I saw Mr.
knock McLaury down with his pistol, twice-I saw him fall twice-McLaury
his arms to knock the blows of the pistol off. Mr. Earp then put his
and walked away from him. I couldn't say there were over two blows
the pistol. I could not swear to any more. McLaury then got up and
and walked toward the sidewalk and picked up a silver band or roll, to
his hat again, that was knocked off. That was the last I saw of him,
for half an hour. He walked away. I saw no other blows struck,
that were struck with the pistol. I did not hear any words pass between
parties. I was about 22 or 23 feet from them. There were other parties
to the difficulty than I was."
To further questioning, says
he was at the scene of the killing, "after the killing was done." The
shooting was over. He was at Fourth and Allen when the first shot was
him, "and I ran down Allen Street to Third Street, from Third to the
corner of Fremont." My attention was called then to a man lying on the
corner of Third and Allen Streets. It was Tom McLaury. He was dying. I
two or three men and said, "Let's pick this man up and take him in the
house before he dies." We brought him in the house and got a pillow and
laid him on the carpet and made him as easy as I could. I asked him if
anything to say before he died and he made no answer. He could not
I unbuttoned his clothes and pulled his boots off and gave him some
the other man was halloing so with pain I sent for a doctor to inject
in him. I believe his name was Billy Clanton. The doctor arrived there
and I helped the doctor inject morphine in him, alongside the wound. He
turning and twisting, and kicking in every manner, with the pain. He
"They have murdered me! I have been murdered! Chase the crowd away
the door and give me air!" The last words he said before he died were,
"Drive the crowd away!" I stayed there until the Coroner came; about
eight or ten minutes afterwards.
Does not know who
helped him carry Tom McLaury into the house-"Everything was all
excitement." Says there were four or five men there. Did not see any
on Tom. Again tells of unbuttoning Tom's clothing, "and as soon as
Matthews came, we searched the body and did not find any arms on him.
examined him close enough to see if there were any arms on him, and
none on him; we only found money on him.”
Tells of running to
where Tom was lying, in the street, and says that three or four other
up about the same time. He raised up Tom's head. Again declares that
no ammunition or arms on Tom at that time, nor on the ground near or
nor on his person, nor was there any belt on him. Says when they took
the house, Billy Clanton was there, and Mr. Noble and Mr. Campbell, the
of the Board of Supervisors, and another man who stops at Vogan's, "I
don't know his name."
As questions continue,
he says he examined Billy Clanton and found he was shot through the
wrist, his arm was broken; he was shot on the left side of the belly;
shot below the left nipple and the lung was oozing blood out of the
was shot again through the pants of the right leg-it did not touch the
Says he examined the right wrist closely, even "ran my finger into the
wound, feeling the bone." Says the ball passed through the arm about
inches above the knuckle joint of his wrist.
has lived here about one year. Came from Bodie, California, where he
years and a half, before that lived in Oakland, California, eight
before that about one year in San Francisco. Worked as a carpenter and
in Bodie. Has been busy at this trade, "pretty near all the time," in
Tombstone. Did not know Billy Clanton nor the McLaury brothers, but
Clanton about two weeks before the shooting. Had no business
Ike Clanton, and denies receiving either promise or money from Ike
anyone else connected with the prosecution. Says he knows William Allen
or three months." Says Billy Clanton was in the house when they brought
in. Tells of sending for doctor and of Dr. Miller coming. Says he told
doctor to inject morphine into the wound near the stomach says Billy
"halloing" for morphine [because of pain]. Says he held Billy on his
back while the doctor injected; that it was before the injection that
said he had been murdered; that he died, "about 10 or 15 minutes"
after the injection of "two syringe fulls; morphine syringes; about the
thickness of a small sized lead pencil about two inches long."
In response to question
as to shot in wrist: "It went from the inside to the outside." Course
of ball was diagonal across the wrist [here witness illustrates upon
the arm of
Mr. Fitch, the direction in which the ball passed through the arm of
Clanton, by showing that the ball entered the wrist nearly in line with
base of the thumb and emerged on the back of the wrist diagonally.]
orifice on the outside of the wrist was the largest. Did not see any
on Billy Clanton's body or clothing.
(A) Bauer, the butcher,
denies having conversed with anyone outside counsel for the prosecution
to giving testimony. Is asked if he sought Mr. McLaury or not. Says
sought him for three days. Then his various positions prior to and
shooting are restated.
Says his relations with Isaac Clanton were not intimate, but that he conversed with him on the day of the shooting at Hafford's Comer, about 20 minutes or half an hour before the shooting.
(Q) Was anyone with Tom McLaury when he
was hit by Wyatt Earp?
(A) I could not say.
(Q) Did you ever reside in the state of Nevada?
(A) I did.
(Q) When and where?
(A) At White Pine, Hamilton
County, Virginia City, and Pioche in 1869-70-71 and '72. [Some of these
are not on modem maps.]
(Q) Were you at any time during your residence
Nevada, defendant in any action wherein the State of Nevada was
any criminal action?
(A) I was not.
(Q) How long after Tom
McLaury was carried into the house was it before he died?
(A) Six or seven minutes.
(Q) Did Dr. Miller treat Tom McLaury also?
(A) No sir.
To query, says there was no weapon on William
but there was a cartridge belt on him, and a pistol was lying near the
Smith & Wesson, large-sized-about two feet from the door-on the
Says he picked [the] pistol up, examined it and thought there were two
"Then Wes Fuller examined it and said there were three empty, and I
again and saw that three chambers were empty." Doesn't know whose
it was. Dr. Matthews took it. Says Frank McLaury was not brought into
room. He remained there until Tom's and Billy's bodies were taken away
(Q) Were you not,
during your residence in Bodie, during the times you have already
a portion of that time, confined in jail there? [Objection]
(A) I was arrested and
put in jail and honorably acquitted. I was in jail for entering my own
after coming back from Idaho and dispossessing a certain gentleman who
(Q) Go on and state all
about the matter about which you have testified to in your last answer
(A) I went to the
Yankee Fork Country, Idaho, the first of March, two years ago. I left
Was gone eight months and came back and heard some very bad talk in
my family arrangements-and a man named Don McShannon. I approached him
subject and he denied all charges in regard to being intimate with my
requested him to leave the house and rapped at the door and was shot at
the door and I was arrested and put in jail. I was then tried and
honorably [All the foregoing is crossed out, beginning with, "I was in
jail." but there is no notice of motion to strike.]
(Q) You stated in your
cross-examination that the pistol you saw lying on the floor by the
door was a
Smith & Wesson-are you sure of that?
(A) There was a long
slot in the sight, and I know that Smith & Wesson
that slot. . . . It was an old pistol, well-worn. There is more
then, at request, he picks up from the table what he believes to be the
in question. Ordered to examine same, learns that it is a Colt.4 In
gun, witness relates much of what has been said about shells fired from
etc. Declares to court he does not think this is the pistol he examined
house. [Witness now examines cartridge under the hammer being gone.] "I
did not revolve the cylinder when I first examined it."
(Q) Now take the other
pistol in your hand, brought in by the Coroner, and state. . . . if
that is the
pistol that you examined and you found lying upon the floor.
(A) No sir, I don't think it is.
(Q) Do I understand
that after completing your cross-examination this noon, during the
before resuming the examination this afternoon, you went to Dr.
and examined the pistol concerning which you have since testified on
I was asked to go up there and examine the pistol and I did so. I was
go by Judge Robinson.
What, if anything, was said to you while there, with respect to this
(A) Judge Campbell and
Mr. Ben Goodrich were there, and wanted [me] to show which way the
on the floor when I first saw it, [and] which way Tom McLaury and which
Billy Clanton laid.
(Q) As to what about the pistols?
(A) I was requested to look at the two pistols and say which I thought was the one [found] on the floor of the little house on the day of the shooting.
[Signed] Thomas Keefe