Tag: Testimony

Testimony of R. J. Campbell
in the Preliminary  Hearing in the Earp-Holliday Case,
Heard before Judge Wells Spicer

November 23, 1881

On this twenty-third day of November, 1881, on the hearing of the above entitled cause, on the examination of Wyatt Earp and J. H. Holliday; R. J. Campbell of Tombstone, a witness of lawful age, being produced and sworn, deposes and says as follows: 

R. J. Campbell, Tombstone, Arizona Territory, Clerk of the Board of Supervisors, of Cochise County, Arizona Territory.

(Q) [Question not written.]

(A) I know Ike Clanton and know William Clanton and Frank McLaury, and only knew Tom McLaury by sight. Had no acquaintance with him.

(Q) Did you know the reputation of the three former during their lives and that of Ike Clanton for coolness and courage and for expertness and dexterity in the use of firearms?

[Prosecution objects. Overruled.]

(A) The reputation of Frank McLaury was a brave and courageous man and that he was an expert in the use of firearms. Ike Clanton is the same. William Clanton, I can’t say for him, only by reputation, that he was an expert in the use of firearms. I did not know Tom McLaury, only by sight.

(Q) [Question not written.]

(A) I saw all of them on that day. I came down the street [in] the morning and someone told me that the Earp boys and Ike Clanton had had some trouble.1 I went to Wallace’s Court, and Wyatt Earp went in ahead of me. He took a seat on a bench inside of the railing. Ike Clanton was sitting on the outside of the railing. A few minutes after I got in, Wyatt Earp looked towards Ike Clanton and said, “You have threatened my life two or three times and I have got the best of evidence to prove it, and I want this thing stopped!”, or words to that effect. Some other conversation ensued that I don’t remember, when Wyatt Earp walked up to the railing and facing Ike Clanton said, “You cattle thieving son-of-a-bitch, and you know that I know you are a cattle thieving son-of-a-bitch, you’ve threatened my life enough, and you’ve got to fight!”, and Ike Clanton made the remark, “Fight is my racket, and all I want is four feet of ground!”

(Q) [Question not written.]

(A) Morgan Earp and Ike Clanton were having an excited conversation about arresting and knocking him down. Ike turned to Morgan Earp and said, “If you fellows had been a second later, I would have furnished a Coroner’s Inquest for the town!”

(Q) What did [you] gather from the context of the conversation that Ike Clanton meant by, “a second” later second later than what?

[Prosecution objects. Sustained.]

CROSS-EXAMINATION

(Q) Regarding Ike in court, and his wounds, “if any?”

(A) I don’t know what he was there for, only from hearsay. I understood he was there under arrest for carrying concealed weapons. He was holding a handkerchief to the side of his head. Did not pay any attention to it. Did not see him with any firearms there. I did not see Wyatt Earp have any firearms [in courtroom]. Morgan Earp, I think, had a rifle in his hands and a six-shooter. Did not see Judge Wallace there during the conversation just related. There were a great many people there and I am not positive as to who were there. Did not see Frank McLaury there, nor William Clanton, nor Tom McLaury.

(Q) Are Virgil Earp, Wyatt Earp, Morgan Earp, and Doc Holliday by reputation men of cool courage and experts in the use of firearms?

(A) They are.

(Q) How long had you known Frank McLaury on October 26th, last?

(A) Six months. His reputation [as stated in examination in chief] was a general reputation.

(Q) As to Ike’s remark about “Coroner’s Inquest for the town?

(A) The remark was made in Judge Wallace’s courtroom, and just after a conversation between Morgan Earp and Ike Clanton as to his arrest for carrying concealed weapons. It was said in the presence of a number of persons. A man called Coleman was there. I met him at the door on going in the room. I can’t remember the names of any others. It was stated in an ordinary tone of voice and there were other parties as near to him as I was.

(Q) I will ask, if, when Ike Clanton was in Wallace’s courtroom under arrest as you have stated, was that the time that Wyatt Earp said to Ike Clanton: “You cattle thieving son-of-a-bitch, and you know you are a cattle thieving son-of-a-bitch, you’ve got to fight!”?

(A) Yes sir. That was the time.

(Q) Before you heard what you stated in your last answer, did you hear Ike Clanton say anything at that place and time?

(A) This conversation took place just after I got in; and when I got in, Morgan Earp and Ike Clanton were talking excitedly.

(Q) Who was talking to Ike Clanton when he says, “Fight is my racket,” as you stated [before]?

(A) Wyatt Earp was talking to him.

(Q) When did you see Tom McLaury, Frank McLaury, and William Clanton?

(A) The last time I saw of them, they were going into the O.K. Coral, before the difficulty.

(Q) You stated in your examination in chief that Wyatt Earp told Ike Clanton, in Wallace’s courtroom, that he, Clanton, had threatened his life enough. What reply, if any, did Clanton make to that?

(A) He made no reply that I heard.

[Signed] R. J. Campbell

References

• TombstoneHistory.com

Testimony of A. Bauer
in the Preliminary  Hearing in the Earp-Holliday Case,
Heard before Judge Wells Spicer

November 10, 1881

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

My name is A. Bauer. I reside in Tombstone. I am engaged in the butcher business. I was in Tombstone on the 26th of October, 1881. I saw the difficulty on that day between one of the Earp brothers and Tom McLaury.

[Here witness points to Wyatt Earp and says, “That gentleman looks like him.”]

The difficulty occurred on Fourth Street, between Judge Wallace’s Court and Allen Street. I crossed Allen Street, to go to Judge Wallace’s Court; Mr. Earp walked ahead of me three or four steps. I was in company with Billy Hines, the cattleman. Me and Mr. Hines both saw Tom McLaury coming from Wallace’s Court, and both Mr. Earp and McLaury walked pretty near solid together, face to face. Mr. Hines and I stopped and looked at Mr. Earp and Tom McLaury. They both said something, one to another, which I did not understand. The moment I was willing to pass them both, to go to Wallace’s Court, Mr. Earp raised his left hand or fist like, and run it into Tom McLaury’s face. Tom McLaury had both hands in his pants pockets. Mr. Earp said, “Are you heeled or not?” Tom McLaury answered, “No, I am not heeled. I have got nothing to do with anybody.” Tom McLaury took his hands out of his pockets to ward off the striking. Tom McLaury backed off from Mr. Earp toward the street, from the sidewalk, Mr. Earp followed him, pulling a pistol with his right hand out of his coat picket and knocked him with the pistol on his shoulder and head. McLaury fell in about the middle of the street. He fell on his right side and raised his left hand and held it to his left ear. When I looked around a little and I saw an old gentleman have hold of Tom McLaury, leading him along Fourth Street, crossing Allen and going towards Fremont Street. Mr. Earp struck Tom McLaury two or three or maybe four blows with his pistol. When Mr. Earp left Tom McLaury lying down, he said, “I could kill the son-of-a-bitch!” When Tom McLaury was struck, he opened his eyes awful large. He was dizzy and trembled.
 

CROSS EXAMINATION

 
To queries: Wyatt Earp had on a short coat; did not have an overcoat on; it [his pistol] seemed to me an old pistol, pretty large, 14 or 16 inches long, it seemed to me.

(Q) Where is your butcher shop?

(A) I work in a butcher shop on Fremont Street. I have got no butcher shop myself. That is the only shop I work in. I have known Tom McLaury since the 11th day of October of this year.

(Q) Has your brother of the firm for which you work, been buying cattle of Tom McLaury, or dealing with him prior to this 26th of October?

[Objected to. Overruled.]

(A) Yes sir.

(Q) Have you ever been in the butcher business?

(A) Yes sir. I sold out on the third day of March, 1881, to Jacob Everhardy.

[States that he has been in the employ of his brother and the latter’s partner since September 27th. Prior to that, and since he sold out, he was “driving my team, hauling adobes and sand and helping the masons around the buildings.”]

(Q) During the time you were in the butcher business, and before you sold out, did you have any dealings with Tom McLaury or Frank McLaury, or Isaac or William or Phinn Clanton?

[Prosecution objects Phineas Clanton’s name being used in the question asked. Objection sustained on the ground that up to the present time, the name of Phineas Clanton has not been mentioned and he is not shown to have been connected with any part of the difficulty, either directly or indirectly. ]

(A) I had no dealing with any of them as long as I was in the butcher business.

(Q) Do you know where Tom McLaury went after you saw him with the old gentleman going along Fourth Street, after the time of his difficulty with Wyatt Earp?

(A) I don’t know where he went.

(Q) Did you see him afterwards?

(A) Yes sir, in the Capitol Saloon, Fremont and Fourth Streets, about 1 or 2 o’clock. Before his difficulty he was walking from Wallace’s Court towards Allen Street. Wyatt Earp was walking toward Wallace’s Court from Allen Street.

[Signed] A. Bauer

References

• TombstoneHistory.com

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

November 1, 1881

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

The deposition of William Allen. He resides in Tombstone. He is not in any business at this time. He knew all the participants in one degree or another. He says that on the morning of the difficulty he heard there had been some trouble between Isaac Clanton and Doc Holliday. He says he walked down the street and saw there was, “Quite a stir.” On meeting Henry Fry, he learned Tom McLaury had been hit with a pistol by Wyatt Earp.

[Objected to by the Defense. Sustained.]

I first saw Frank McLaury on that day pretty near the Grand Hotel as they were riding in. Frank McLaury, Bill Clanton, and an old gentleman who I am not acquainted with. This was about 2 o’clock in the afternoon. At first, Doc Holliday went out and shook hands with one of them in a pleasant way, and said, “How are you?” or something of that kind. Holliday left them there and Frank McLaury, Billy Clanton, and the old man went on to [the] Grand Hotel. I left them then. This was near the middle of the street, nearly opposite the Alhambra Saloon. I crossed the street, and went over to them. The boys were about to take a drink, and asked me to join them. I called Frank off to one side and asked him if he knew what was going on. [Objection and motion to strike.]

The boys, Frank McLaury, Billy Clanton, and the old gent, after the statement I made to them, got on their horses and rode down the street. I have heard the old gentleman’s name was Frick.

After I told them what I had heard, that Tom McLaury had been hit on the head by Wyatt Earp, Frank says, “What did he hit Tom for?” I said I did not know. He says, “We won’t drink.” That is the last words I ever heard him say. They got on their horses and rode off. Before that he said, “I will get the boys out of town.” The glasses were on the counter when he said this. They did not drink. I saw them after they crossed the street, going through the O.K. Corral. I was going down Allen Street. [Defense moves to strike.]

He continues to relate that he saw the boys walking, one of them leading a horse. They were crossing the street from the direction of the Dunbar Stable [Behan and Dunbar Stable], going through the O.K. Corral. He says he went on and passed through the O.K. Corral with Mr. Coleman. He then saw Doc Holliday and the Earp party coming down the sidewalk on Fremont Street. He says he followed in behind the Earps. He saw Ike and Billy Clanton and Tom and Frank McLaury and Johnny Behan near Fly’s building. He heard Behan tell the Earps not to go down to the Clan tons. He did not use any very great exertions, but he told them not to go.

When the Earp party got down to the Clantons, the Earp party said “You sons-of-bitches, you have been looking for a fight!” The same instant, Virgil said, “Throw up your hands!”

Tom McLaury threw his coat open and said, “I ain’t got no arms!” He caught hold of the lapels of his coat and threw it open. William Clan­ton said, “I do not want to fight!” and held his hands out in front of him [witness shows how]. He had nothing in his hands when he held them in this position. I did not notice what Frank McLaury did. I did not notice him or Ike. Just as William Clanton said, “I do not want to fight!” and Tom McLaury threw open his coat and said, “I ain’t got no arms,” the firing commenced by the Earp party.

I think it was Doc Holliday who fired first.  Their backs were to me. I was behind them. The smoke came from him. I could not tell who fired the second shot; they came in such quick succession. I think the first was a pistol shot and the next a double barrel shotgun. These two shots were from the Earp side, before any other shots were fired.

At the time the first shots were fired, Frank McLaury was holding his horse. He had no gun in his hand. He had a gun on him. I saw it. A pistol on him. I think it was Frank McLaury. At the moment of the first fire, I cannot tell whether Billy Clanton had the horse or Frank [both men had horses]. I think he was standing on the ground [meaning standing in the vacant lot]. I have stated that Billy held out his hands, in this position, and said,”I do not want to fight!” He was in this position when the firing commenced. I saw Thomas McLaury when the first two shots were fired slap his hand on his breast, like this, and went onto the vacant lot by Fly’s building, where I could not see him. I went in this side of Fly’s building. Billy Clanton dropped down at [the] first two shots.

I kept in between the building after this. I saw Frank McLaury across the street when he fell. I picked Tom McLaury up and carried him in the house, where he died. He must have walked clean around the house. I did not see any guns in the hands of any of the Clan tons or McLaurys shotguns or rifles, I mean. I saw sometime before the shooting-I saw Virg with a shotgun at the gunsmith’s on Fourth Street. Next time, he was standing in the door.

I could not see whether the Earp party had guns on their persons down Fremont Street. They passed down too quick. The first I saw of weapons was when the fight commenced.

I picked up Thomas McLaury and helped carry him into the house. I did not see any weapons on him. No cartridge belt. I pulled his shirt down to see where he was shot. He was breathing yet. I got in between the buildings after the two first shots were fired and did not see anymore of the shooting. If the McLaurys shot at all, it was after I got in behind the building.

I do not recollect of any reply the Earps made to Behan when he told them to go back-did not hear any remarks afterwards.

CROSS EXAMINATION

Discusses Tom McLaury’s wounds. “It was a buckshot wound.” It was an hour or an hour and a half or two after I met the boys at the Grand Hotel, where we proposed to take a drink but did not, that the shooting took place. Did not see Isaac Clanton at the Grand Hotel nor after that time of the difficulty, except as I saw him pass the street to the O.K. Corral with the others-not to speak to him. The first time I saw Thomas McLaury was at a distance as they crossed the street, about twen­ty minutes or half an hour before the shooting. At the time, I was on Allen Street walking down the street between third and fourth. Thomas McLaury was crossing the street from Dunbar’s Corral. I think it was him. Only knew him by sight-no personal acquaintance. The other parties were with him-meaning Ike Clanton, William Clanton, Frank McLaury and another man they call Billy the Kid.5 I think Frank McLaury was leading a horse, or Billy Clanton, one of the two, was leading a horse.

After seeing them pass through the O.K. Corral, I stood on the side­walk awhile with Mr. Coleman, then told him I did not want to see it. He said, “Come on, let’s go see it.” And so I went into the O.K. Corral and passed through it with Coleman onto Fremont Street.

When I reached Fremont Street, I walked down to the upper corner-the corner of Fly’s building, the photograph gallery-to a point eight or ten feet from the sidewalk on the street. I stopped only about a minute on the way there.

When I reached Fremont Street, the Earps were between Fly’s building and the next house on the vacant lot between. The Earps had already passed down Fremont Street when I came onto the street.

I was standing in the little place near Bauer’s butcher shop, just this way from it, when I heard Behan tell the Earps not to go down there. The Earps were near the front of this butcher shop when Behan told them not to go down, and had already passed me.

When I first saw the McLaurys and Clantons, they were on the vacant lot next to Fly’s building. Thomas McLaury was-I could not tell how they stood. They were pretty much together. I think Billy was off to the right. I won’t be sure. The horse was right there. One of them had him on the bridle. Billy Clanton or Thomas McLaury had the bridle. I think it was one of the two [Billy Clanton]. I think the horse was facing towards the lot. At the time I heard Thomas McLaury say, “I haven’t got any arms.” I was standing ten feet away, in front of Fly’s building. I could not state how McLaury and they with him were standing. I could place them [possibly on the diagram the court had]. When Thomas McLaury said, “I haven’t any arms,” he held the lapels of his coat open. I think he was facing in towards Fly’s building. They were between the two buildings. Billy Clanton, then he said, “I don’t want to fight with them,” I cannot state where they were standing. He was facing towards Fly’s building, when he held out his hands. The man who held the horse was facing towards Fly’s building. All three men were about 20 feet from me at the time-20 or 25 feet.

The Earps and Holliday at this time were close to the other por­tion. The Earps were 15 feet or so from me. I have told where I was and where the other party was. I was in front of Fly’s building at [the] time, ten feet out, and both the other parties were around the corner, by the corner of Fly’s building, on the vacant lot. I think Wyatt only got to the corner. [Follows more opinion as to where the various combatants stood.]

He says the first shot was from a pistol. “The shot came from the Earp party. The smoke came from Doc Holliday.” More talk about where they stood. He says he saw Doc swing his hand up and then saw the smoke come from him, and from the sound believes the first shot came from the Earp party-from hearing the shot and seeing the smoke.

I did not see it, but I know from the sound that the second shot was fired from a shotgun. He says when the shotgun went off, Tom McLaury threw his hands up to his breast. Tom McLaury was then only four or five feet from the nearest of the Earp party-might have been Morg. I did not see anyone with a shotgun then. After these “two first” shots, he ducked between the buildings. I got out of the way quick.

At the time I said to Mr. Coleman that I did not want to see it, I meant I did not want to see the quarrel. I knew there would be one. At least I considered there would be one from the appearance of things, and I did not want to see it. But I went with Coleman.

I have resided in Tombstone two years. My relations with the Earps have been the best, always-always friendly. Before I came here, I lived in Colorado-Denver-Cheyenne-Georgetown-Cheyenne in Wyoming. I have never had any other name than William Allen. They have called me other names, but this is my true name here. A man gets a nickname around the mountains.

(Q) Did you not call yourself by, and pass under, another name than William Allen in Colorado?

(A) I decline to answer.

[The court instructs the witness of his legal right to decline to answer. The attorney’s for the prosecution objected to the question on the grounds of being irrelevant, etc. Overruled, exceptions noted.]

(Q) Did you not, when residing in Colorado, and during your residence there, call yourself, and pass by the name of L. Brand? And were you not under that name indicted in Georgetown, Colorado, for larceny? And did you not immediately after such indictment escape and flee from Colorado and come from there to Tombstone?

(A) I never went by that name and never [heard] it.

[Same objection as above.]

(Q) Were you not indicted in Colorado for larceny prior to your coming to Arizona? [Overruled and excluded. Defense accepts.] The question is again asked. The Court refuses to put it to the witness. Defense accepts. Deposition is read over to the witness, and he adds that by guns he meant pistols, in that connection.

[Signed] William Allen 

References

• TombstoneHistory.com

H.F. Sills was a relatively obscure figure in the broader narrative of Tombstone, Arizona, but his testimony during the hearings following the Gunfight at the O.K. Corral holds historical significance. As a witness during the legal proceedings that aimed to determine whether the Earp brothers and Doc Holliday acted lawfully during the famous gunfight, Sills provided crucial observations that contributed to the understanding of the events.

Background of H.F. Sills

Little is known about Sills beyond his involvement as a witness in Tombstone. He was likely a resident of the area and, like many others, had his life intersect with the dramatic events that unfolded on October 26, 1881. His testimony is one of several that were recorded during the Spicer Hearing, which sought to establish whether the Earps and Holliday were guilty of murder or whether they had acted in self-defense.

The Gunfight at the O.K. Corral

The gunfight itself was the culmination of long-standing tensions between the Earp brothers, who were lawmen in Tombstone, and a group of outlaws known as the Cowboys. The confrontation resulted in the deaths of three Cowboys and left the town of Tombstone in a state of shock.

H.F. Sills’ Testimony

H.F. Sills’ testimony during the Spicer Hearing is noted for its detail and its role in providing an outside perspective on the events. His account was significant in corroborating or challenging the statements made by the Earps, the Cowboys, and other witnesses.

Testimony of H. F. Sills in the Preliminary Hearing in the Earp-Holliday Case, Heard before Judge Wells Spicer

On this 22nd day of November, 1881, on the hearing of the above entitled cause, on the examination of Wyatt Earp and J. H. Ho­liday; H. F. Sills, a witness of lawful age, being produced and sworn deposes and says as follows:

H. F. Sills, of Las Vegas, Nevada, a locomotive engineer for the Atchison, Topeka & Santa Fe Railroad. On furlough and visiting in Tombstone.

(Q) Was asked about any threats he may have heard on October 26, 1881.

[Objection by Prosecution. Question withdrawn.]

(Q) [Question rephrased.]

(A) I saw four or five men standing in front of the O.K. Corral, talking of some trouble they had had with Virgil Earp, and they made threats at the time, that on meeting him they would kill him on sight. Someone of the party spoke up at the time and said that they would kill the whole party of the Earps when they met them. I then walked up the street and made enquiries to know who Virgil Earp and the Earps were. A man on the street pointed out Virgil Earp to me and told me that he was the city marshal. I went over and called him to one side and told him the threats I had overheard this party make. One of the men has a bandage around his head at the time, and the day of the funeral he was pointed out to me as Isaac Clanton. I recognized him as one of the party.

(Q) Questioned on the shooting.

(A) A few minutes after I had spoken to the marshal, I saw a party start down Fourth Street. I followed them down as far as the Post Office. Then I got sight of the party I had heard making those threats. I thought there would be trouble and I crossed the street. I saw the marshal and party go up and speak to the other party. I wasn’t close enough to hear their conversation, but saw them pull out their revolvers immediately. The marshal had a cane in his right hand at the time. He threw up his hand and spoke. I didn’t hear the words, though. By that time, Billy Clanton and Wyatt Earp had fired their guns off and the marshal changed the cane from one hand to the other and pulled his revolver out. He seemed to be hit at that time and fell down. He got up immediately and went to shooting. The shooting became general at that time and [I] stepped back into the hallway along the side of the court house.

(Q) How did you know it was Billy Clanton?

(A) I saw him after he was dead, and recognized him as the one who fired at Wyatt Earp.

CROSS EXAMINATION

(Q) When did you come to Tombstone?

(A) I came here on the 25th of the month.

(Q) How did you come?

(A) I came in a bullion wagon of Wells Fargo, in company with another passenger and the driver. I knew one man was a driver, and one was a passenger. I could not recognize them on the street.

(Q) Where have you been since?

(A) In Tombstone. The first few days I was in town I stopped at a lodging house below Wells Fargo and Company’s stage barn. I cannot [give the name of the lodging house.] I stayed there 10 nights and then went to the hospital. I remained there until today. I am stopped there now. I walked there now. I walked here from the hospital.

[Doesn’t remember or know who the man was he asked regarding Virgil Earp, after hearing the threats at the O.K. Corral. Says, “I don’t know, just a man I met on the street. I don’t think I would [recognize him], as there were a great many men on the street at that time.”]

(Q) About the threats he said he heard.

(A) I merely told him [Virgil Earp] it was a party of armed men I met on the street. I didn’t know the men at the time. There were four men in the party. I can’t say they were all armed because I could not see the arms of all the party. Of two, the pistols were in plain sight. I was within four or five steps of them.

(Q) Was there anybody else around there?

(A) There were men standing back in the corral, and some were walking by and some were 15 or 20 steps back in the corral.

(Q) Describe the men you saw with arms on them.

(A) One of the men I saw with arms was a youngish looking man about nineteen or twenty years old. I don’t just remember what kind of clothes he had on. I did not pay much attention to him. I don’t know what kind of hair he had. He seemed to [be] red in the face, not very light or very dark. He had no beard or moustache. I don’t know whether he was clean shaved or not. I don’t know what kind of a hat he had on; did not notice his clothes. The other man looked to be about 30 years old. He had a moustache. His hair was dark. I cannot be certain, but I think his face was shaved, except his moustache. I did not notice his clothes particularly; don’t know what kind they were.

(Q) Which was the taller of the two men, the first one described, or the last one?

(A) The first one, to the best of my knowledge.

(Q) You say one of them had a bandage around his head. Were there not two of them with bandages around their heads?

(A) No sir, not that I saw. I only saw one. I did not notice the color of it. I only saw it hanging down under his hat. I could hardly say [as to his complexion] because he had his back to me.

(Q) You did not see his face then?

(A) No sir, not at that time.

(Q) When did you first see his face?

(A) On the day of the funeral.

(Q) Can you positively swear that the man you saw at the funeral was the same man that you saw with the bandage around his head in front of the O.K. Corral?

(A) Yes sir I can, by his appearance and by hearing him talk.

(Q) You recognized him by his appearance and by his voice as being the same man?

(A) I recognized him by his appearance and by hearing him talk with this party in front of the O.K. Corral and with other parties at the funeral.
(Q) You state that his back was toward you and you didn’t see his face; it was by the appearance of his back and his voice then, that you re­cognized him

(A) I took it to be the same man because he had a bandage on his head the day of the funeral and by his voice.

[COURT ADJOURNED TO MEET AT 9:00 O’CLOCK A.M. NOVEMBER 23, 1881]
[WEDNESDAY, NOVEMBER 23, 1881, COURT CONVENED AT 9:00 A.M.]
[CROSS-EXAMINATION OF H.F. SILLS RESUMED]

In answer to obvious questions:
(A) I am 36 years old. I was born in Kingston, Canada. I lived there until I was 20 years old. I went from there to Calinlle, Canada. I lived there about 3 years. I then went to Omaha, Nebraska. I lived [illegible] served my time in the Union Pacific shops. I was in Omaha and on the line of the road between eight and nine years. I was [in that time] an apprentice in the machine shop, a locomotive fireman, and on the road as locomotive engineer. Some of the persons who had charge of the machine shop were: Mr. Congdon, General Master Mechanic, and Mr. McConnel was foreman. I was in the shops three years. For about a year and a half I boarded at the Pacific Hotel and about a year and a half my mother kept house for me. A man, I think by the name of Jordan, kept the house where I boarded. I ran, as fireman and as engineer, about six trains. I run the train to Grand Island and Omaha. I run between Cheyenne and Laramie and between Laramie and Rolling Springs.

(Q) Who were the conductors of those trains? [Prosecution objects as being too remote. Overruled.]

(A) It would be hard for me to tell. I remember one man named Frank Fuller, another man by the name of Kelly, I think. I run on engine 75 about two and a half years.

Q) Did you ever know on that road, A. A. Bean?

(A) The name is familiar. I think there was a Division Superintendent under or over Mr. Clark; it was out of my department.

(Q) Did you know General Kimbell, the General Superintendent of the U. P. Railroad?

(A) I knew of the man, but was not personally acquainted with him.

(Q) [Question not given.]

(A) When I left that road I went to Las Vegas, New Mexico. I have lived in Las Vegas since last March. I left the Union Pacific road last January.

(Q) [Question not given.]

(A) I am still in the employ of that road. I left the line of that road on the nineteenth of last month. I went from there to Tucson. I had no business there. Am going back to take up my employment on the tenth [of] next month. I got four cents a mile on the A. T. & S. F. road; the division is 100 miles long.

(Q) [Question not given.]

(A) I came here on the 26th of last month. I came on the Wells, Fargo express wagon with the driver and a passenger.

(Q) [Question not given.]

(A) I did not ask the driver his name and don’t know who he was. He was a middle aged man with whiskers on his face. I did not pay any particular attention to him.

(Q) [Question not given.]

(A) I think there was a white horse and one bob-tailed horse in the team between Benson and Charleston.

(Q) [Question not given.]

(A) I would not know the man I came with. I sat right behind him.

(Q) [Question not given.]

(A) I am so positive that I came here on the 25th of October last on the bullion wagon, as I am of anything else I have testified to here. I stayed in Benson about half an hour, I do not think I would know the driver again, who drove the wagon I came in on, although I have seen him here on the street and spoke to him.

(Q) [Question not given.]

(A) I had no conversation with the lodging house where I stayed nine or ten days, about the difficulty testified to here. On the night of October 25th I stayed at this lodging house I speak of.

(Q) [Question not given.]

(A) No I did not see anything in the hands of Virgil Earp when I went up and spoke to him on the street.

(Q) [Question not given.]

(A) I saw him on the comer of Fourth and Allen Streets, on the further comer of Fourth Street. I should judge it was about half an hour before the difficulty.

(Q) [Question not given.]

(A) There were four or five men standing [near the O.K. Corral] together. I think there were four. I saw no horses with those men. I was four or five steps from them. I stayed there probably three or four minutes.

(Q) Did you see any other parties as near the party as you were yourself?

(A) There was men walked right by them on the street. [Correct, same as original] I did not know the parties at that time.

(Q) Where did you next see the same parties?

(A) I saw them on Fremont Street between third and fourth, near the comer of Third, standing in the vacant lot. There were five men in the party when I first saw them on Fremont Street and one of them left and walked off. I saw the Earps and Doc Holliday when they went down Fremont Street. I was right behind them. I went down behind them as far as the Post Office. I then crossed the street in front of what I believe is the courthouse. That is [as] near as I was to the scene of the difficulty during its occurrence.

(Q) Where are you working now, and for whom?

(A) At the present time I am on a lay-off from the A. T. & S. F. road. I am not working at all.

(Q) [Question not given.]

(A) I am at present in the hospital. I went there on the sixth or seventh of this month.

(Q) [Question not given.]

(A) I haven’t told anybody direct what I know of this difficulty. The first word I spoke of it to anybody was to Jim Earp I believe. I have not told any person at the hospital what I know of this transaction.

(Q) [Question not given.]

(A) I first knew I would be wanted here as a witness sometime last week, about Thursday or Friday.

(Q) [Question not given.]
(A) I did not see any person on the side of the street I was on when the shooting was going on. I was standing close to the building and then stepped back into the hall when the shooting became general.

(Q) [Question not given.]

(A) The Earps and Holliday started from the corner of Fourth and Allen Streets. I did not see the other party at that time. I saw the marshal pick up a shotgun when they started from alongside of the building and hand it to Doc Holliday. Doc put it under his coat and the marshal took his cane.

(Q) During the time you were working in the machine shops and running on the U. P. or A. T. & S. F. roads, had you a nickname?

(A) Yes sir, it was Curley.

(Q) Where do you layoff at, and at whose place do you stop in New Mexico?

(A) I layoff at Las Vegas, and stop at my own house.

[Signed] H. F. Sills

References

• TrueWestMagazine

Albert Bilicke became a successful hotelier and entrepreneur. He is best known for his role as a key business leader in Tombstone, particularly through his involvement in the development and management of the famous Tombstone Grand Hotel.

Bilicke’s connection to Tombstone began in the 1880s when he partnered with George R. Watt to establish the Grand Hotel, which opened in 1880. This luxurious establishment quickly became a social and economic hub in the town, attracting notable figures of the time, including lawmen like Wyatt Earp and Doc Holliday. The hotel was a symbol of the prosperity brought by the silver mining boom that had put Tombstone on the map.

Under Bilicke’s management, the Grand Hotel thrived until the decline of the silver mines led to economic hardships in the region. Despite these challenges, Bilicke remained an influential figure in Tombstone’s business community, known for his sharp business acumen and commitment to the town’s development.

Albert Clay Bilicke’s legacy in Tombstone is remembered as one of entrepreneurship, resilience, and a deep connection to the town’s early history. His contributions helped shape Tombstone during its most vibrant years, leaving an indelible mark on the community.

Statement of Albert Billickie

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 October 26^th last, “walking down the south side of Allen Street and enter Everhardy’s butcher shop, and very shortly come out again, walk down the street a few steps further, cross Allen Street obliquely to the corner of 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 respect to his possession of any arms.

(A) I saw no arms on him, neither when he went into the butcher shop nor when he came out.

(Q) What was his appearance when he went in, and what was his appearance when he came out; with respect to the possession of concealed arms?

(A) When he went into the butcher shop his right-hand pants pocket was flat and appeared as if nothing was in it. When he came out, his pants pocket protruded, as if there was a revolver therein.

CROSS-EXAMINATION

 
(Q) You say in your examination in chief, that you only knew Tom McLaury by sight and had no personal acquaintance with him. How did it happen that you watched him so closely the different places he went and the exact position of his right-hand pants pocket when he went into the butcher shop and the exact form of a revolver in the same right-hand pocket when he came out?

(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 street my attention was called to this McLaury by a friend and so it happened that I 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 Thomas McLaury in this city, and if so, tell us who they were. [Question crossed, without comment.]

(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

References

• http://law2.umkc.edu/faculty/projects/ftrials/earp/billickietestimony.html