Grand Jury Indictment for the Killing of Frank Stilwell

Grand Jury Indictment Killing Frank Stilwell
Frank Stilwell

The following is the Grand Jury Indictment for the Killing of Frank Stilwell which charges Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters along with John “Turkey Creek Jack” Johnson

Frank Stilwell, an outlaw and former deputy sheriff, met his end on March 20, 1882, in Tucson, Arizona. Stilwell was deeply involved in the ongoing feud between the Earp brothers and the Clanton – McLaury faction, which culminated in the infamous Gunfight at the O.K. Corral. After the gunfight, the Earp brothers embarked on what became known as the Earp Vendetta Ride, seeking retribution for the murder of Morgan Earp, which they believed was orchestrated by Stilwell and his associates. On the night of March 20th, Wyatt Earp and his posse tracked Stilwell to a train station in Tucson, where they found him lying in wait, possibly intending to ambush Virgil Earp, who was traveling with his wife. Without hesitation, Wyatt Earp and his men opened fire on Stilwell, killing him on the spot.

The killing of Frank Stilwell marked a significant escalation in the Earp-Cowboy conflict, further entrenching the deep animosities between the two factions. Stilwell’s death was just the beginning of Wyatt Earp’s relentless pursuit of those he deemed responsible for his brother’s murder. In the aftermath, the Earp brothers were charged with murder but never convicted, as they continued their vendetta across Arizona, leaving a trail of bloodshed in their wake. The killing of Stilwell thus became one of the most infamous episodes in the violent history of the American West, exemplifying the lawlessness and personal vendettas that characterized the era.

(Transcript of the Murder Indictment returned as a True Bill by the foreman of the Grand Jury John S. Carr on March 25, 1882.)

Territory of Arizona

vs

Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson

In the District Court of the First Judicial District of the Territory of Arizona in and for the County of Pima

Territory of Arizona

against

Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson

Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson are accused by the Grand Jury of the County of Pima and Territory of Arizona on their oath by this indictment of the crime of murder committed as follows: That the said Doc Holliday at the City of Tucson in the said County of Pima on or about the 20th day of March, A.D. 1882 with force and arms in and upon the body of one Frank Stilwell then and there being, then and there feloniously, willfully, and of his malice aforethought did make an assault and the said Doc Holliday a certain gun charged with gunpowder and leaden bullets which he the said Doc Holliday in his hands then and there feloniously, willfully, and of his malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. And the said Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson then and there feloniously, willfully and of their malice aforethought were present standing by, aiding, abetting assisting and maintaining the said Doc Holliday the felony and murder as aforesaid set forth, in manner and form aforesaid to do and commit, and so the Jurors aforesaid upon their oath aforesaid do say that the said Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson, the said frank Stilwell then and there in manner and form aforesaid feloniously, willfully and of their malice aforethought did Kill and Murder: Contrary to the form of Statute in such case made and provided and against the peace and dignity of the Territory of Arizona.

Second Count

and the said Grand Jurors do further present that the said Wyatt Earp on or about the said 20th day of March A.D. 1882 at said City of Tucson in said County of Pima with force and arms in and upon the body of the said Frank Stilwell then and there being, then and there feloniously willfully and of his malice aforethought did make an assault and the said Wyatt Earp a certain gun charged with gunpowder and leaden bullets which he the said Wyatt Earp in his hands then and there had and held, then and there feloniously, willfully, and of malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off, giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. And said Doc Holliday, Warren Earp, Sherman McMasters and John Johnson then and there feloniously, willfully and of their malice aforethought were present standing by, aiding abetting assisting and maintaining the said Wyatt Earp the felony and Murder as aforesaid set forth in manner and form aforesaid to do and commit. and so the Jurors aforesaid upon their oaths aforesaid do say that the said Wyatt Earp, Doc Holliday, Warren Earp, Sherman McMasters and John Johnson the said Frank Stilwell then and there in manner and form aforesaid feloniously, willfully and of their malice aforethought did Kill and Murder: Contrary to the form of the Statute in such case made and provided and against the peace and dignity of the Territory of Arizona.

Third Count

and the said Grand Jurors do further present that the said Warren Earp on or about the said 20th day of March A.D. 1882 at said City of Tucson in said County of Pima with force and arms in and upon the body of the said Frank Stilwell then and there being, then and there feloniously, willfully and of his malice aforethought did make an assault and the said Warren Earp a certain gun charged with gunpowder and leaden bullets which he the said Warren Earp in his hands, then and there had and held, then and there feloniously, willfully and of his malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. And the said Doc Holliday, Wyatt Earp, Sherman McMasters and John Johnson then and there feloniously, willfully and of their malice aforethought were present, standing by, aiding, abetting assisting and maintaining the said Warren Earp the felony and murder as aforesaid set forth in manner and form aforesaid to do and commit. and so the Jurors aforesaid upon the oaths aforesaid do say that the said Warren Earp, Doc Holliday, Wyatt Earp, Sherman McMasters and John Johnson the said Frank Stilwell then and there in manner and form aforesaid feloniously, willfully and of their malice aforethought did Kill and Murder: Contrary to the form of Statute in such case made as provided and against the peace and dignity of the Territory of Arizona.

Fourth Count

and the said Grand Jurors do further present that the said Sherman McMasters on or about the said 20th day of March A.D. 1882, at said City of Tucson in said County of Pima with force and arms in and upon the body of the said Frank Stilwell then and there being, then and there feloniously, willfully and of his malice aforethought did make an assault and the said Sherman McMasters a certain gun charges with gun powder and leaden bullets which he the said Sherman McMasters in his hands then and there had held, then and there feloniously willfully and of his malice aforethought in and upon the body of there the said Frank Stilwell did discharge and shoot off, giving to him the said Frank Stilwell then and there with said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. and the said Doc Holliday, Warren Earp, Wyatt Earp and John Johnson then and there feloniously, willfully and of their malice aforethought were present standing by, aiding, abetting, assisting and maintaining the said Sherman McMasters the Felony and Murder as aforesaid set forth, in manner and form aforesaid, to do and commit. And so the Jurors aforesaid do say that the said Sherman McMasters, Doc Holliday, Wyatt Earp, Warren Earp and John Johnson the said Frank Stilwell then and there in manner and form aforesaid feloniously willfully and of their malice aforethought did Kill and Murder: Contrary to the form of the Statute in such case made and provided and against the peace and dignity of the Territory of Arizona.

Fifth Count

and the said Grand Jurors do further present that the said John Johnson on or about the said 20th day of march A. D. 1882 at said City of Tucson in said county of Pima with force and arms in and upon the body of said Frank Stilwell then and there being, then and there feloniously, willfully and of his malice aforethought did make an assault, and the said John Johnson a certain gun charged with gun powder and leaden bullets which he the said John Johnson in his hands then and there had and held, then and there feloniously, willfully, and of his malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off, giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound he the said Frank Stilwell instantly died, and the said Doc Holliday, Warren Earp, Wyatt Earp and Sherman McMasters then and there feloniously, willfully and of their malice aforethought were present standing by, aiding, abetting, assisting, and maintaining the said John Johnson the Felony and Murder as aforesaid set forth, in manner and form aforesaid to do and commit and so the Jurors aforesaid upon their oaths aforesaid do say that said John Johnson Doc Holliday, Wyatt Earp, Warren Earp and Sherman McMasters the said Frank Stilwell then and there in manner and form aforesaid feloniously, willfully and of their malice aforethought did Kill and Murder: Contrary to the form of the Statute in such case made and provided and against the dignity and peace of the Territory of Arizona

Hugh Farley District Attorney

of Pima County Arizona Territory

References

The Tombstone Epitaph – March 27, 1882

On March 27, 1882, The newspaper the Tombstone Epitaph announced the murder of Frank Stilwell in Tucson Arizona.

Frank Stilwell was an outlaw and a member of the Cochise County Cowboys, a group of rustlers and bandits who operated in southern Arizona during the late 19th century. Stilwell’s life took a fatal turn after he was implicated in the murder of Morgan Earp, the younger brother of lawman Wyatt Earp. On March 18, 1882, Morgan Earp was ambushed and killed in Tombstone, Arizona, while playing billiards. Wyatt Earp, seeking revenge for his brother’s murder, believed that Stilwell was one of the men responsible. Stilwell was known for his criminal activities, including cattle rustling, robbery, and involvement in various violent conflicts, which made him a prime target for Earp’s vendetta.

Just two days after Morgan’s death, Wyatt Earp and his posse tracked Stilwell to the train station in Tucson, Arizona, on March 20, 1882. Stilwell had been trying to flee, likely aware that Earp was on his trail. Earp and his men confronted Stilwell at the train station, and in a swift and brutal act of retribution, they shot and killed him. Stilwell’s body was found riddled with bullets, with some reports suggesting as many as five or six gunshots were fired into him at close range. This killing marked the beginning of Wyatt Earp’s infamous “Vendetta Ride,” a bloody campaign of vengeance against those he believed responsible for the death of his brother, further cementing Earp’s legend in the American West.

The following is a copy of the article from The Tombstone Epitaph, Mark 27, 1882 announcing the killing of Frank Stillwell.

The Tombstone Epitaph, Marth 27, 1882 headlined with the murder of Frank Stillwell by Wyatt Earp et all
The Tombstone Epitaph, Marth 27, 1882 headlined with the murder of Frank Stillwell by Wyatt Earp et all

ANOTHER ASSASSINATION.

Frank Stilwell Pound Dead this Morning,

Being Another Chanter In the Earp-Clanton Tragedy.

Special Dispatch to the Epitaph.

Tucson, March 21. This morning at daylight the track-man at the Southern Pacific railroad depot found the body of Frank Stilwell about one hundred yards north of Porter’s hotel, at the side, of the track, riddled with bullets.

The circumstances of the case, so far as learned, are as follows: Stilwell arrived here Sunday to appear before the grand jury on a charge of stage robbery near Bisbee last November. He was under bonds for his appearance. Last night when the west bound passenger train arrived, it brought the REMAINS OF MORGAN EARP, who had been killed Saturday night at Tombstone, and his three brothers, accompanied by Sherman McMasters, Doc Holliday and a man known as Johnson, all heavily armed with shotguns and revolvers. A few moments before the train started, Stilwell and lke Clanton (brother to W.M.-Clanton, who was killed in Tombstone by the Earps) went to the depot to meet a man by name of McDowell was to have come in witness before the grand jury. On their arrival at the depot they saw the Earp party walking on the platform. Stilwell advised Clanton to leave at once, saying they wanted to kill him. Clanton left a few moments later.

Stilwell was Seen WALKING DOWN THE TRACK in the direction where his body was found. Four of the armed men who were on the platform soon followed. One was described as a slender, light complexioned man wearing a white hat. Just as the train, was leaving, six shots wore heard in the locality of the assassination, but attracted no particular attention, and nothing was known of the tragedy until this morning whop the body was discovered. Six shots went into his body four rifle balls and two loads of buckshot.

Both legs were shot through and A CHARGE OP BUCKSHOT to his left thigh, and a charge through his breast, which must have been delivered close, as the coat was powder burnt, and six buckshot holes within a radius of three inches. Stilwell had a pistol on his person which was not discharged. He evidently was taken unawares, as he was desperate in a, fight and a quick shot. His watch was taken, in the hurry of which a part of the chain was left. There is much excitement here concerning the assassination, and many speculations are rife.

Some say that he was DECOYED TO THE SPOT where he fell as ho possessed strong evidence against certain stage robbers. Others think he was trying to get away from the Earp party and was overtaken, while it is thought by some that he went down the track to shoot one or more of the Earp party as the train was moving out, two of them being on board. The killing is thought to have been done by four of the party who accompanied the Earps here, as the four men who followed the deceased down the track WERE NOT SEEN AGAIN. This morning at one o’clock as the east bound freight train approached Papago, nine miles east of here, it was flagged and four armed men got on the train. They are strongly suspected.

The deceased was 27 years of age; was a native of Texas; is a brother to the famous scout Jack Stilwell. He has been in Arizona four years; was a teamster at Signal for some time and lately has been keeping a livery stable at Charleston and Bisbee, and was an ex deputy sheriff of Cochise county. Yesterday, Ike Clanton received several dispatches from Tombstone, warning him to look out that a party were coming down to put him out of the way, which put him on his GUARD. The authorities here are determined to get to the bottom of this matter, and if the parties are apprehended there will be no sham examination, but a trial on merits, and the guilty parties, whoever they may be, will suffer the penalty of the law.

References

The Tombstone Epitaph, March 20, 1882

The Tombstone Epitaph, March 20, 1882 reports of the murder of Tombstone Resident Morgan Earp while playing pool in Tombstone, Arizona. This event followed the O K Corral shootout and the attempted murder of Virgil Earp. These two events caused Wyatt Earp to lead a vendetta ride across the desert hunting the assassins. The death of Moargan made the right side of page three.

The Tombstone Epitaph, March 20, 1882
The Tombstone Epitaph, March 20, 1882
Morgan Earp historical photo, 1881. Probably taken by C.S. Fly.
Morgan Earp historical photo, 1881. Probably taken by C.S. Fly.

March 20, 1882
THE DEADLY BULLET
The Assassin at Last Successful in His Devilish Mission

Morgan Earp Shot Down and Killed While Playing Billiards

At 10:00 Saturday night while engaged in playing a game of billiards in Campbell & Hatch’s Billiard parlor, on Allen between Fourth and Fifth, Morgan Earp was shot through the body by an unknown assassin.

At the time the shot was fired he was playing a game with Bob Hatch, one of the proprietors of the house and was standing with his back to the glass door in the rear of the room that opens out upon the alley that leads straight through the block along the west side of A.D. Otis & Co.’s store to Fremont Street.

This door is the ordinary glass door with four panes in the top in place of panels. The two lower panes are painted, the upper ones being clear. Anyone standing outside can look over the painted glass and see anything going on in the room just as well as though standing in the open door.

At the time the shot was fired the deceased must have been standing within ten feet of the door, and the assassin standing near enough to see his position, took aim for about the middle of his person, shooting through the upper portion of the whitened glass.

The bullet entered the right side of the abdomen, passing through the spinal column, completely shattering it, emerging on the left side, passing the length of the room and lodging in the thigh of Geo. A.B. Berry, who was standing by the stove, inflicting a painful flesh wound.

Instantly after the first shot a second was fired through the top of the upper glass which passed across the room and lodged in the wall near the ceiling over the head of Wyatt Earp, who was sitting as a spectator of the game.

Morgan fell instantly upon the first fire and lived only about one hour. His brother Wyatt, Tipton, and McMasters rushed to the side of the wounded man and tenderly picked him up and moved him some ten feet away near the door of the card room, where Drs. Matthews, Goodfellow and Millar, who were called, examined him and, after a brief consultation, pronounced the wound mortal.

He was then moved into the card room and placed on the lounge where in a few brief moments he breathed his last, surrounded by his brothers, Wyatt, Virgil, James and Warren with the wives of Virgil and James and a few of his most intimate friends.

Notwithstanding the intensity of his mortal agony, not a word of complaint escaped his lips, and all that were heard, except those whispered into the ear of his brother and known only to him were, “Don’t, I can’t stand it. This is the last game of pool I’ll ever play.” The first part of the sentence being wrung from him by an attempt to place him upon his feet.

The funeral cortege started away from the Cosmopolitan hotel about 12:30 yesterday with the fire bell tolling its solemn peals of “Earth to earth, dust to dust.”

References

Tombstone Daily Nugget, October 27, 1881

The Tombstone Daily Nugget, October 27, 1881 described the the infamous gun fight at the O K Corral between the Earps and the Clanton faction in Tombstone.

Tombstone Daily Nugget October 27, 1881

A Desperate Street Fight

Tombstone Daily Nugget, October 27, 1881

Marshal Virgil Earp, Morgan and Wyatt Earp and Doc Holliday Meet the Cowboys – Three Men Killed and Two Wounded, One Seriously – Origins of the Trouble and its Tragic Termination.

The 26th of October, 1881, will always be marked as one of the crimson days in the annals of Tombstone, a day when blood flowed as water, and human life was held as a shuttlecock, a day always to be remembered as witnessing the bloodiest and deadliest street fight that has ever occurred in this place, or probably in the Territory.The origin of the trouble dates back to the first arrest of Stilwell and Spencer for the robbery of the Bisbee stage. The co-operation of the Earps and the Sheriff and his deputies in the arrest caused a number of cowboys to, it is said, threaten the lives of all interested in the capture. Still, nothing occured to indicate that any such threats would be carried into execution. But Tuesday night Ike Clanton and Doc Holliday had some difficulty in the Alhambra saloon. Hard words passed between them, and when they parted it was generally understood that the feeling between the two men was that of intense hatred. Yesterday morning Clanton came on the street armed with a rifle and revolver, but was almost immediately arrested by Marshal Earp, dismissed and fined by Justice Wallace for carrying concealed weapons. While in the Court room Wyatt Earp told him that as he had made threats against his life he wanted him to make his fight, to say how, when and where he would fight, and to get his crowd, and he (Wyatt) would be on hand.

In reply, Clanton said: “Four feet of ground is enough for me to fight on, and I’ll be there.” A short time after this William Clanton and Frank McLowry [sic] came into town, and as Thomas McLowry was already here the feeling soon became general that a fight would ensue before the day was over, and crowds of expectant men stood on the corner of Allen and Fourth streets awaiting the coming conflict.

It was now about two o’clock, and at this time Sheriff Behan appeared upon the scene and told Marshal Earp that if he disarmed his posse, composed of Morgan and Wyatt Earp, and Doc Holliday, he would go down to the O.K. Corral where Ike and James [sic] Clanton and Frank and Tom McLowry were and disarm them. The Marshal did not desire to do this until assured that there was no danger of attack from the other party. The Sheriff went to the corral and told the cowboys that they must put their arms away and not have any trouble. Ike Clanton and Tom McLowry said they were not armed, and Frank McLowry said he would not lay his aside. In the meantime the Marshal had concluded to go and, if possible, end the matter by disarming them, and as he and his posse came down Fremont Street towards the corral, the Sheriff stepped out and said: “HOld up boys, don’t go down there or there will be trouble: I have been down there to disarm them.” But they passes on, and when within a few feet of the the Marshal said to the Clantons and McLowrys: “Throw up your hands boys, I intend to disarm you.”

As he spoke, Frank McLowry made a motion to draw his revolver, when Wyatt Earp pulled his and shot him, the ball striking on the right side of his abdomen. About the same time Doc Holliday shot Tom McLowry in the right side using a short shotgun, such as is carried by Wells-Fargo & Co.’s messengers. IN the meantime Billy Clanton had shot at Morgan Earp, the ball passing through the point of the left shoulder blade across the back, just grazing the backbone and coming out at the shoulder, the ball remaining inside his shirt. He fell to the ground but in an instant gathered himself, and raising in a sitting position fired at Frank McLowry as he crossed Freemont Street, and at the same instant Doc Holliday shot at him, both balls taking effect either of which would have proved fatal, as one struck him in the right temple and the other in the left breast. As he started across the street, however, he pulled his gun down on Holliday saying, “I’ve got you now.” “Blaze away! You’re a daisy if you have, ” replied Doc. This shot of McLowry’s passed through Holliday’s pistol pocket, just grazing the skin.

While this was going on Billy Clanton had shot Virgil Earp in the right leg, the ball passing through the calf, inflicting a severe flesh wound. In turn he had been shot by Morgan Earp in the right wrist and once in the left breast. Soon after the shooting commenced Ike Clanton ran through the O.K. Corral, across Allen Street into Kellogg’s saloon and thence into Toughnut street where he was arrested and taken to the county jail. The firing altogether didn’t occupy more than twenty-five seconds, during which time fully thirty shots wree fired. After the fight was over Billy Clanton, who, with wonderful vitality, survived his wounds for fully an hour, was carried by the editor and foreman of the Nugget into a house near where he lay, and everything possible was done to make his last moments easy. He was “game” to the last, never uttering a word of complaint, and just before breathing his last he said, “Goodbye boys; go away and let me die.” The wounded were taken to their houses, and at three o’clock next morning were resting comfortably. The dead bodies were taken in charge by the Coroner, and an inquest will be held upon them at 10 o’clock today. Upon the person of Thomas McLowry was found between $300 and $400 and checks and certificates of deposit to the amount of nearly $3,000.

During the shooting Sheriff Behan was standing nearby commanding the contestants to cease firing but was powerless to prevent it. Several parties who were in the vicinity of the shooting had “narrow escapes” from being shot. One man who had lately arrived from the east had a ball pass through his pants. He left for home this morning. A person called “the Kid” who shot Hicks at Charleston recently, was also grazed by a ball. When the Vizina [mine] whistle gave the signal that there was a conflict between the officers and cowboys, the mines on the hill shut down and the miners were brought to the surface. From the Contention mine a number of men, fully armed, were sent to town on a four-horse carriage. At the request of the Sheriff the “Vigilantes,” or Committee of Safety, wre called from the streets by a few sharp toots from the Vizina’s whistle. During the early part of the evening there was a rumor that a mob would attempt to take Ike Clanton frm the jail and lynch him, and to prevent any such unlawful proceedings a strong guard of deputtes [sic] was placed around that building and will be so continued until all danger is past.

At 8 o’clock last evening Finn Clanton, a brother of Billy and Ike, came to town, and placing himself under the guard of the Sheriff, visited the morgue to see the remains of his brother, and then passed the night in jail in company with the other.

OMINOUS SOUNDS

Shortly after the shooting ceased the whistle at the Vizina mine sounded a few short toots, and almost simultaneously a large number of citizens appeared on the streets armed with rifles and a belt of cartridges around their waists. These men formed in line and offered their services to the peace officers to preserve orderin case any attempt at disturbance was made, or any interference offered to the authorities of the law. However, no hostile move was made by anyone, and the quiet and order was fully restored, and in a short time the excitement died away.

AT THE MORGUE

The bodies of the three slain cowboys lay side by side, covered with a sheet. Very little blood appeared on their clothing, and only on the face of young Billy Clanton was there any distortion of the features or evidence of pain in dying. The features of the two McLowry boys looked as calm and placid in death as if they had died peaceably, surrounded by loving friends and sorrowing relatives. No unkind remarks were made by anyone, but feeling of unusual sorrow seemed to prevail at the sad occurrence. Of the two McLowry brothers we could learn nothing of their previous history before coming to Arizona. The two brothers owned quite an extensive ranch on the lower San Pedro, some seventy or eighty miles from this city, to which they had removed their band of cattle since the recent Mexican and Indian troubles. They did not bear the reputation of being of a quarrelsome disposition, but were known as fighting men, and have generally conducted themselves in a quiet and orderly manner when in Tombstone.

References

The Tombstone Epitaph, October 27, 1881

The following is the original transcript of The Tombstone Epitaph published on October 27, 1881 on the infamous gun fight at the O K Corral between the Earps and the Clanton faction in Tombstone. The Tombstone Epitaph offers historical editions for purchase.

The Arizona Historical Newspaper, the Tombstone Epitaph announces the gunfight at the O K Coral.
The Arizona Historical Newspaper, the Tombstone Epitaph, October 27, 1881 announces the gunfight at the O K Coral.

YESTERDAY’S TRAGEDY

Tombstone Daily Epitaph – October 27, 1881

Three Men Hurled Into Eternity in the Duration of a Moment


Stormy as were the early days of Tombstone nothing ever occurred equal to the event of yesterday. Since the retirement of Ben Sippy as marshal and the appointment of V.W. Earp to fill the vacancy the town has been noted for its quietness and good order. The fractious and much dreaded cowboys when they came to town were upon their good behaviour and no unseemly brawls were indulged in, and it was hoped by our citizens that no more such deeds would occur as led to the killing of Marshal White one year ago. It seems that this quiet state of affairs was but the calm that precedes the storm that burst in all its fury yesterday, with this difference in results, that the lightning bolt struck in a different quarter from the one that fell a year ago. This time it struck with its full and awful force upon those who, heretofore, have made the good name of this county a byword and a reproach, instead of upon some officer in discharge of his duty or a peaceable and unoffending citizen.

Since the arrest of Stilwell and Spence for the robbery of the Bisbee stage, there have been oft repeated threats conveyed to the Earp brothers — Virgil, Morgan and Wyatt — that the friends of the accused, or in other words the cowboys , would get even with them for the part they had taken in the pursuit and arrest of Stilwell and Spence. The active part of the Earps in going after stage robbers, beginning with the one last spring where Budd Philpot lost his life, and the more recent one near Contention, has made them exceedingly obnoxious to the bad element of this county and put their lives in jeopardy every month.

Sometime Tuesday Ike Clanton came into town and during the evening had some little talk with Doc Holliday and Marshal Earp but nothing to cause either to suspect, further than their general knowledge of the man and the threats that had previously been conveyed to the Marshal, that the gang intended to clean out the Earps, that he was thirsting for blood at this time with one exception and that was that Clanton told the Marshal, in answer to a question, that the McLowrys were in Sonora. Shortly after this occurrence someone came to the Marshal and told him that the McLowrys had been seen a short time before just below town. Marshal Earp, now knowing what might happen and feeling his responsibility for the peace and order of the city, stayed on duty all night and added to the police force his brother Morgan and Holliday. The night passed without any disturbance whatever and at sunrise he went home to rest and sleep. A short time afterwards one of his brothers came to his house and told him that Clanton was hunting him with threats of shooting him on sight. He discredited the report and did not get out of bed. It was not long before another of his brothers came down, and told him the same thing, whereupon he got up, dressed and went with his brother Morgan uptown. They walked up Allen Street to Fifth, crossed over to Fremont and down to Fourth, where, upon turning up Fourth toward Allen, they came upon Clanton with a Winchester rifle in his hand and a revolver on his hip. The Marshal walked up to him, grabbed the rifle and hit him a blow on the head at the same time, stunning him so that he was able to disarm him without further trouble. He marched Clanton off to the police court where he entered a complaint against him for carrying deadly weapons, and the court fined Clanton $25 and costs, making $27.50 altogether. This occurrence must have been about 1 o’clock in the afternoon.

The After-Occurrence


Close upon the heels of this came the finale, which is best told in the words of R.F. Coleman who was an eye-witness from the beginning to the end. Mr. Coleman says: I was in the O.K. Corral at 2:30 p.m., when I saw the two Clantons and the two McLowrys in an earnest conversation across the street in Dunbar’s corral. I went up the street and notified Sheriff Behan and told him it was my opinion they meant trouble, and it was his duty, as sheriff, to go and disarm them. I told him they had gone to the West End Corral. I then went and saw Marshal Virgil Earp and notified him to the same effect. I then met Billy Allen and we walked through the O.K. Corral, about fifty yards behind the sheriff. On reaching Fremont street I saw Virgil Earp, Wyatt Earp, Morgan Earp and Doc Holliday, in the center of the street, all armed. I had reached Bauer’s meat market. Johnny Behan had just left the cowboys, after having a conversation with them. I went along to Fly’s photograph gallery, when I heard Virg Earp say, “Give up your arms or throw up your arms.” There was some reply made by Frank McLowry, when firing became general, over thirty shots being fired. Tom McLowry fell first, but raised and fired again before he died. Bill Clanton fell next, and raised to fire again when Mr. Fly took his revolver from him. Frank McLowry ran a few rods and fell. Morgan Earp was shot through and fell. Doc Holliday was hit in the left hip but kept on firing. Virgil Earp was hit in the third or fourth fire, in the leg which staggered him but he kept up his effective work. Wyatt Earp stood up and fired in rapid succession, as cool as a cucumber, and was not hit. Doc Holliday was as calm as though at target practice and fired rapidly. After the firing was over, Sheriff Behan went up to Wyatt Earp and said, “I’ll have to arrest you.” Wyatt replied: “I won’t be arrested today. I am right here and am not going away. You have deceived me. You told me these men were disarmed; I went to disarm them.”

This ends Mr. Coleman’s story which in the most essential particulars has been confirmed by others. Marshal Earp says that he and his party met the Clantons and the McLowrys in the alleyway by the McDonald place; he called to them to throw up their hands, that he had come to disarm them. Instantaneously Bill Clanton and one of the McLowrys fired, and then it became general. Mr. Earp says it was the first shot from Frank McLowry that hit him. In other particulars his statement does not materially differ from the statement above given. Ike Clanton was not armed and ran across to Allen street and took refuge in the dance hall there. The two McLowrys and Bill Clanton all died within a few minutes after being shot. The Marshal was shot through the calf of the right leg, the ball going clear through. His brother, Morgan, was shot through the shoulders, the ball entering the point of the right shoulder blade, following across the back, shattering off a piece of one vertebrae and passing out the left shoulder in about the same position that it entered the right. The wound is dangerous but not necessarily fatal, and Virgil’s is far more painful than dangerous. Doc Holliday was hit upon the scabbard of his pistol, the leather breaking the force of the ball so that no material damage was done other than to make him limp a little in his walk.

Dr. Matthews impaneled a coroner’s jury, who went and viewed the bodies as they lay in the cabin in the rear of Dunbar’s stables on Fifth street, and then adjourned until 10 o’clock this morning.

The Alarm Given


The moment the word of the shooting reached the Vizina and Tough Nut mines the whistles blew a shrill signal, and the miners came to the surface, armed themselves, and poured into the town like an invading army. A few moments served to bring out all the better portions of the citizens, thoroughly armed and ready for any emergency. Precautions were immediately taken to preserve law and order, even if they had to fight for it. A guard of ten men were stationed around the county jail, and extra policemen put on for the night.

Earp Brothers Justified

The feeling among the best class of our citizens is that the Marshal was entirely justified in his efforts to disarm these men, and that being fired upon they had to defend themselves, which they did most bravely. So long as our peace officers make an effort to preserve the peace and put down highway robbery — which the Earp brothers have done, having engaged in the pursuit and capture, where captures have been made of every gang of stage robbers in the county — they will have the support of all good citizens.  If the present lesson is not sufficient to teach the cow-boy element that they cannot come into the streets of Tombstone, in broad daylight, armed with six-shooters and Henry rifles to hunt down their victims, then the citizens will most assuredly take such steps to preserve the peace as will be forever a bar to such raids.

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