WEBVTT - Trial at the O.K. Corral

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<v Speaker 1>You are listening to History on Trial, a production of

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<v Speaker 1>iHeart Podcasts. Listener discretion advised. In the summer of eighteen

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<v Speaker 1>eighty one, Wyatt Irp lawmen approached Ike Clanton outlaw with

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<v Speaker 1>a proposition. This was highly unusual. Ike Clanton was affiliated

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<v Speaker 1>with the Cowboys, a group of cattle wrestlers and stagecoach

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<v Speaker 1>robbers who operated in the dusty reaches of southeastern Arizona.

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<v Speaker 1>Wyatt Ierp, on the other hand, was a former Pima

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<v Speaker 1>County deputy sheriff. His brother, Virgil, was city marshall for Tombstone,

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<v Speaker 1>the mining boomtown situated in the heart of Cowboy country.

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<v Speaker 1>The ERPs were sworn enemies of the Cowboys. So what

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<v Speaker 1>did Wyatt want with Ike? As Wyatt would later explain it,

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<v Speaker 1>he thought Ike could help make him sheriff. Earlier that year, too,

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<v Speaker 1>Ummestone had split off from Pima County to become the

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<v Speaker 1>seat of the newly formed Coachees County. Wyatt had hoped

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<v Speaker 1>to be appointed sheriff of Cochees County, but that honor

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<v Speaker 1>had gone to Johnny Beehn instead. Bee Hann was thought

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<v Speaker 1>to be sympathetic to the Cowboys. Many in Tombstone were

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<v Speaker 1>for various reasons, but having a sheriff with connections to

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<v Speaker 1>outlaws seemed wrong to many other Tombstoners, including Wyatt Earp.

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<v Speaker 1>Since there would be a real election held for the

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<v Speaker 1>sheriff position soon enough, Wyatt decided to run. He had

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<v Speaker 1>an unorthodox campaign strategy. A few months earlier, in March

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<v Speaker 1>of eighteen eighty one, a stagecoach carrying a Wells Bargo

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<v Speaker 1>money box was attacked by a group of bandits outside

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<v Speaker 1>of Tombstone. In the course of the attempted robbery, the

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<v Speaker 1>stagecoach driver and a passenger were killed. Wyatt and Virgil

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<v Speaker 1>Earp had tracked down one of the robbers, a man

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<v Speaker 1>named Luther King. King, in turn had identified his accomplices

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<v Speaker 1>William Leonard, Harry Head and James Crane, all known cowboy affiliates.

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<v Speaker 1>The RT Posse turned the King over to Sheriff be

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<v Speaker 1>Hand so they could pursue the missing men, but they

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<v Speaker 1>never found Leonard, Head or Crane. Soon after, King managed

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<v Speaker 1>to escape custody. The circumstances of his escape were very suspect.

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<v Speaker 1>One of Behan's deputies left the prisoner unattended with the

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<v Speaker 1>door unlocked, allowing King to slip out and mount the

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<v Speaker 1>fresh horse that had very conveniently been left behind the jail.

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<v Speaker 1>Many Tombstoners suspected that Behan had looked the other way,

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<v Speaker 1>or maybe had even helped. King George Parsons, a Tombstone resident,

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<v Speaker 1>wrote in his diary quote, some of our officials should

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<v Speaker 1>be hanged. They're a bad lot. Wyatt wanted to play

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<v Speaker 1>off these bad feelings in his own campaign for sheriff.

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<v Speaker 1>And wouldn't it be even better if he managed to

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<v Speaker 1>capture the missing robbers life head and crane too. That

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<v Speaker 1>would show just how useless Beehn was. But to do that,

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<v Speaker 1>Whyatt needed intel on the cowboys, and where better to

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<v Speaker 1>get that intel than from another cowboy. Ike Clanton came

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<v Speaker 1>from a cowboy family. His little brother Billy and his

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<v Speaker 1>father Newman, who everyone called Old Man, took part in

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<v Speaker 1>cowboy raids. Two. Ike might know where to find the

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<v Speaker 1>missing robbers, So Whyatt came to him with an idea.

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<v Speaker 1>Wells Fargo was offering a five thousand dollars reward for

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<v Speaker 1>the robbers capture. If Ike helped him find the men,

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<v Speaker 1>Wyatt said he'd give Ike the reward money, Ike demonstrating

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<v Speaker 1>that there's no honor amongst cowboys. Had just one question.

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<v Speaker 1>Was the reward only good if the men were captured?

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<v Speaker 1>What if they were killed? Wyatt telegraphed the Wells Fargo

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<v Speaker 1>office to ask dead or alive. Wells Faro confirmed, so

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<v Speaker 1>Ike and Wyatt struck a deal. Unfortunately for Wyatt's campaign

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<v Speaker 1>ambitions and Ike's financial dreams, Leonard, Head and Crane all

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<v Speaker 1>soon died in unrelated gun battles, but the deal the

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<v Speaker 1>two men had struck that summer would only months later

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<v Speaker 1>lead them both to a dusty lot behind the Ok Corral,

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<v Speaker 1>where an escalating IRP cowboy conflict erupted into one of

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<v Speaker 1>the wild West's most infamous gunfights. The twenty sixth of

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<v Speaker 1>October eighteen eighty one, wrote reporter Richard Rule in the

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<v Speaker 1>Tombstone Daily Nugget. The next day will always be marked

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<v Speaker 1>as one of the crimson days in the annals of Tombstone,

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<v Speaker 1>A day when blood flowed as water and human life

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<v Speaker 1>was held as a shuttlecock. A day always to be

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<v Speaker 1>remembered as witnessing the bloodiest and deadliest street fight that

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<v Speaker 1>has ever occurred in this place, or probably in the territories.

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<v Speaker 1>Rule was right, we remember the gunfight at the Oka, CA.

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<v Speaker 1>We can picture it, the long black coats, the drooping mustaches,

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<v Speaker 1>the fingers resting on triggers. The gunfight at the OK

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<v Speaker 1>Corral has become a symbol of the wild West, an

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<v Speaker 1>illustration of how hard men administered justice on the lawless frontier.

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<v Speaker 1>But here's the funny thing about the gunfight at the

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<v Speaker 1>OK Corral. It might have started in the streets, but

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<v Speaker 1>it ended up in a courtroom. Welcome to history on trial.

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<v Speaker 1>I'm your host, Mira Hayward. This week the Irp Holiday Case.

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<v Speaker 1>The legend of the Earths began in July eighteen forty

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<v Speaker 1>when Nicholas Irp married Virginia Cooksey in Hartford, Kentucky. The

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<v Speaker 1>couple would have eight children, including the three that we

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<v Speaker 1>know best today, Virgil, Wyatt, and Morgan. Nicholas was a

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<v Speaker 1>short tempered, ill mannered, but energetic man. He moved to

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<v Speaker 1>family frequently. Virgil was born in Kentucky in eighteen forty three,

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<v Speaker 1>Wyatt in Illinois in eighteen forty eight, and Morgan in

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<v Speaker 1>Iowa in eighteen fifty one. This unsteady childhood bonded the

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<v Speaker 1>Ert brothers as adults, they often traveled and lived together.

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<v Speaker 1>Throughout the eighteen sixties and seventies. The brothers bounced across

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<v Speaker 1>the West and Midwest, taking whatever jobs they could get,

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<v Speaker 1>like driving stage coaches, dealing in casinos, and building train tracks.

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<v Speaker 1>Contrary to our idea of them today, law enforcement was

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<v Speaker 1>not always the rp's passion. When they did take police jobs,

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<v Speaker 1>like when Wyatt and Morgan served as deputy town marshals

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<v Speaker 1>in Wichita, it was usually only because of the steady

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<v Speaker 1>paycheck provided. In fact, Wyatt, for most of his young

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<v Speaker 1>adult life, had more of a penchant for breaking the

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<v Speaker 1>law than for enforcing it. After the tragic death of

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<v Speaker 1>his pregnant wife Urilla in eighteen seventy, Wyatt went through

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<v Speaker 1>a bit of a dark period. He was at various

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<v Speaker 1>times arrested for horse theft, charged with running a floating brothel,

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<v Speaker 1>and sued for keeping taxes he had collected for local

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<v Speaker 1>schools for himself. But by the late eighteen seventies Wyatt

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<v Speaker 1>had settled down, as had his brothers. Virgil and his

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<v Speaker 1>common law wife Ali were living in Prescott, Arizona, where

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<v Speaker 1>he was serving as town constable, a job that mainly

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<v Speaker 1>required him to serve subpoenas. Virgil encouraged Morgan, who was

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<v Speaker 1>then mining in Montana, and Wyatt, a deputy marshal in

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<v Speaker 1>Dodge City, Kansas, to join him in Arizona. Wyatt and

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<v Speaker 1>Morgan were in Wyatt's good friend John Holliday decided to

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<v Speaker 1>come to Doc. Holiday, as he's better known, was a

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<v Speaker 1>hard drinking dentist with a quick temper and a bad

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<v Speaker 1>case of tuberculosis. Most people didn't like him, but Doc

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<v Speaker 1>had once saved Wyatt's life during a standoff, and the

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<v Speaker 1>two had been fast friends ever since. On November first,

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<v Speaker 1>eighteen seventy nine, I met up with Virgil and Ali

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<v Speaker 1>in Prescott. The party then made their way to Tombstone,

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<v Speaker 1>arriving on December first. Morgan came eight months later in

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<v Speaker 1>July eighteen eighty, and Doc several months after that. The

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<v Speaker 1>RPS had chosen Tombstone because of its legendary mines. In

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<v Speaker 1>August eighteen seventy seven, a man named Ed Schifflin had

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<v Speaker 1>found a vein of silver in the area. In a

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<v Speaker 1>cheeky nod to a doubter who'd once told him he'd

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<v Speaker 1>only find his death out there, Schifflin dubbed his claim Tombstone.

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<v Speaker 1>In November eighteen seventy nine, a month before Virgil and

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<v Speaker 1>Wyatt arrived, Tombstone elected its first mayor and city council.

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<v Speaker 1>Like many Western mining towns, Tombstone was a rough place.

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<v Speaker 1>Saloons and gambling halls lined the streets. After too many drinks,

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<v Speaker 1>fights broke out over card games. The town's location, only

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<v Speaker 1>thirty miles from the Mexican border made it a popular

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<v Speaker 1>spot for bandits and cattle wrestlers who stole goods in

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<v Speaker 1>one country and sold them in another. People called such

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<v Speaker 1>criminals cowboys. The men who we'd call cowboys today were

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<v Speaker 1>then called stockmen or cow hans. By the late eighteen seventies,

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<v Speaker 1>people had started calling the wrestlers and robbers who lived

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<v Speaker 1>in southeastern Arizona the capital c cowboys. The cowboys weren't

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<v Speaker 1>an official gang. They were a loose group of outlaws

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<v Speaker 1>who collaborated to part cattle from ranchers and money from

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<v Speaker 1>stage coaches. Many of them came to Arizona from the

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<v Speaker 1>former Confederacy, drawn to the territory by the promise of

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<v Speaker 1>less government oversight. Though the cowboys could be violent, sometimes

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<v Speaker 1>killing victims during their robberies, not everyone in Tombstone minded

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<v Speaker 1>their presence. Legal historian Stephen Lubet, in his book Murder

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<v Speaker 1>in Tombstone calls the relationship between the cowboys in the

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<v Speaker 1>town quote symbiotic, not flatly antagonistic. The cowboys had many

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<v Speaker 1>friends and supporters both in and around Tombstone, and other

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<v Speaker 1>local merchants depended on cowboys for cheap provisions, and saloon

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<v Speaker 1>keepers enjoyed their freewheeling spending habits. Ranchers living outside of town,

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<v Speaker 1>many of whom were ex Confederate Democrats, also got on

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<v Speaker 1>well with the cowboys, who shared their political beliefs and backgrounds.

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<v Speaker 1>Some of these ranchers even acted as middlemen for cattle

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<v Speaker 1>the cowboys stole in Mexico. But not everyone was so

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<v Speaker 1>tolerant of the cowboys. Many involved in the mining business.

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<v Speaker 1>Mine owners and engineers, as well as other businessmen, were

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<v Speaker 1>concerned about the economic impact the cowboys crime could have.

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<v Speaker 1>These people mainly came from Northern States and were Republicans.

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<v Speaker 1>They had less in common politically and socioeconomically with the cowboys.

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<v Speaker 1>This latter group included the Ert Brothers, who were now

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<v Speaker 1>firmly invested in helping maintain law and order They did

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<v Speaker 1>so in both private employment, guarding wells, fargo stage coaches

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<v Speaker 1>and acting as bouncers and saloons, and also in public roles.

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<v Speaker 1>Before arriving in Tombstone, Virgil had been appointed a Deputy

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<v Speaker 1>U s Marshal, making him the only federal authority in

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<v Speaker 1>the region. In the summer of eighteen eighty, an Army

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<v Speaker 1>lieutenant reached out to Virgil with a request. Six mules

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<v Speaker 1>had been stolen from the army's base at Camp Rucker.

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<v Speaker 1>Could Virgil track them down. Virgil agreed to look into

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<v Speaker 1>the matter, taking Wyatt and Morgan along with him. The

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<v Speaker 1>IRPs got a tip to search the mcclowry ranch outside

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<v Speaker 1>of Tombstone. Two of the mcloary brothers, Frank and Tom,

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<v Speaker 1>were known to collaborate with the cowboys hiding russelled livestock

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<v Speaker 1>on their ranch. Sure enough, there were the mules. The mcloarys, unsurprisingly,

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<v Speaker 1>were never big IRP fans After that. Besides a little

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<v Speaker 1>mule wrustling, relative peace reigned in Tombstone for much of

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<v Speaker 1>eighteen eighty. Wyatt was appointed a deputy sheriff in Pima County,

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<v Speaker 1>and he and Virgil collaborated with Tombstone's Town Marshal Fred

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<v Speaker 1>White direct present federal, county and local law enforcement. Then,

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<v Speaker 1>on October twenty eighth, a group of drunken cowboys took

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<v Speaker 1>to the streets of Tombstone and began firing their guns

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<v Speaker 1>for fun. Town Marshal Fred White intervened and got shot

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<v Speaker 1>in the groin. White died four days later, and Virgil

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<v Speaker 1>was appointed acting town Marshal. In response to this violence,

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<v Speaker 1>the Tombstone Town Council passed a new ordinance forbidding people

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<v Speaker 1>from carrying weapons with in city limits. They hoped this

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<v Speaker 1>would restore peace, but the violence was only beginning. Eighteen

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<v Speaker 1>eighty one saw a number of upheavals for the town. First,

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<v Speaker 1>Tombstone and its surroundings split off from Pima County to

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<v Speaker 1>form Cochees County. If this is sounding familiar, I talked

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<v Speaker 1>about this in the prologue, but that was ages ago,

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<v Speaker 1>so as a quick refresher. In February, Democrat and alleged

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<v Speaker 1>cowboy sympathizer Johnny Behn becomes Coachee's County Sheriff, much to

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<v Speaker 1>Wyatt Irp's chagrin. In March, the fatal stagecoach robbery takes place.

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<v Speaker 1>After the IRPs apprehend one of the robbers, he miraculously

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<v Speaker 1>manages to slip out of bee Han's custody. Wyatt IRP,

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<v Speaker 1>fed up with bee Hand's incompetence, decides to run for sheriff.

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<v Speaker 1>He makes a deal with Eike Clanton Cowboy to get

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<v Speaker 1>intel on the other stagecoach robbers. Ike says yes because

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<v Speaker 1>a five thousand dollars reward is hard to refuse. The

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<v Speaker 1>other robbers end up dying in unrelated gunfights, as outlaws

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<v Speaker 1>tend to do. So nothing happens except that the animosity

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<v Speaker 1>between the IRPs and Sheriff bee Han grows and grows

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<v Speaker 1>and grows. I should mention here that at some point

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<v Speaker 1>be hands fiance Josephine Marcus leaves him and eventually ends

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<v Speaker 1>up with Wyatt Irp, So that also doesn't help relationships

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<v Speaker 1>between the men. That takes us to September eighteen eighty one.

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<v Speaker 1>That month, Acting Arizona Territory Guns John Gosper hears about

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<v Speaker 1>the dysfunctional law enforcement situation in Tombstone and decides to

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<v Speaker 1>see for himself. His report to Secretary of State James Blaine,

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<v Speaker 1>written on September twentieth, is concerning in conversations with Johnny

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<v Speaker 1>b Han and Virgil Irp, Gosper wrote both men had

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<v Speaker 1>accused the other of enabling the cowboys. Without cooperation between

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<v Speaker 1>the sheriff and the Marshall, Gosper said there was little

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<v Speaker 1>chance of cracking down on crime in the region. Gosper

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<v Speaker 1>ended his report on an ominous note, quote something must

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<v Speaker 1>be done and that right early or very grave results

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<v Speaker 1>will follow. Only a month later, his worst fears came true.

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<v Speaker 1>Late on the evening of October twenty fifth, eighteen eighty one,

0:14:52.640 --> 0:14:56.320
<v Speaker 1>Ike Clinton and Tom mccloughy arrived in Tombstone with a

0:14:56.360 --> 0:15:00.560
<v Speaker 1>wagonload of beef to sell. Around midnight, Ike stopped by

0:15:00.560 --> 0:15:04.560
<v Speaker 1>the Alhambra Saloon, where he ran into Doc Holliday. This

0:15:04.640 --> 0:15:09.040
<v Speaker 1>meeting was no coincidence. Wyatt Irp had engineered it. In

0:15:09.080 --> 0:15:11.600
<v Speaker 1>the months since Wyatt and Ike had made their deal,

0:15:12.040 --> 0:15:15.560
<v Speaker 1>Ike had gotten increasingly nervous about word of his betrayal

0:15:15.600 --> 0:15:18.720
<v Speaker 1>getting out. For some reason, Ike believed that Wyatt had

0:15:18.800 --> 0:15:22.480
<v Speaker 1>told Doc Holliday about their discussions. Wyatt thought a conversation

0:15:22.600 --> 0:15:26.000
<v Speaker 1>with Doc might reassure Ike. Why he thought this is

0:15:26.040 --> 0:15:30.400
<v Speaker 1>a mystery. Doc Holliday was many things, but a soothing presence,

0:15:30.880 --> 0:15:34.000
<v Speaker 1>not one of them. He and Ike were both known

0:15:34.040 --> 0:15:37.320
<v Speaker 1>for their quick tempers. Plus, there's nothing that says I

0:15:37.360 --> 0:15:40.400
<v Speaker 1>don't know about your secret business like telling someone I

0:15:40.520 --> 0:15:44.760
<v Speaker 1>don't know about your secret business. The meeting quickly devolved,

0:15:44.760 --> 0:15:48.560
<v Speaker 1>and Ike and Doc began threatening each other. Morgan irp

0:15:48.640 --> 0:15:51.800
<v Speaker 1>intervened and broke up the fight out on the street.

0:15:51.920 --> 0:15:55.520
<v Speaker 1>Ike briefly got into it with Wyatt. Tempers eventually cooled

0:15:55.640 --> 0:15:58.680
<v Speaker 1>enough for someone to suggest a poker game, so Ike,

0:15:58.920 --> 0:16:02.480
<v Speaker 1>Tom Virgil, Sheriff b Han and maybe Morgan, Wyatt and

0:16:02.600 --> 0:16:05.960
<v Speaker 1>Doc two all sat down for a casual five hour

0:16:06.080 --> 0:16:11.800
<v Speaker 1>game at the Occidental Saloon. Unfortunately, if unsurprisingly, hours of

0:16:11.920 --> 0:16:16.520
<v Speaker 1>drinking and gambling did nothing to cool Ike off. Throughout

0:16:16.520 --> 0:16:20.200
<v Speaker 1>the next morning, October twenty sixth Ike was seen drunkenly

0:16:20.280 --> 0:16:24.000
<v Speaker 1>wandering through the streets of Tombstone, waving a rifle and

0:16:24.080 --> 0:16:27.640
<v Speaker 1>threatening the RBS and Doc holiday. The gossip network in

0:16:27.680 --> 0:16:31.760
<v Speaker 1>Tombstone worked fast, soon enough, word of Ike's behavior reached

0:16:31.840 --> 0:16:35.960
<v Speaker 1>Virgil and Morgan. When they found Ike, Virgil seized Ike's

0:16:36.000 --> 0:16:39.680
<v Speaker 1>rifle and then employed a Western lawman's favorite technique for

0:16:39.720 --> 0:16:42.800
<v Speaker 1>subduing a troublemaker. He clubbed Ike in the head with

0:16:42.840 --> 0:16:46.840
<v Speaker 1>the butt of his revolver. This was called buffaloing, and

0:16:47.000 --> 0:16:51.080
<v Speaker 1>though we'd probably call it police brutality today, buffaloing was

0:16:51.120 --> 0:16:54.520
<v Speaker 1>looked upon as a sign of an officer's restraint, better

0:16:54.520 --> 0:16:58.600
<v Speaker 1>than just shooting someone. Then, Virgil charged Ike with carrying

0:16:58.640 --> 0:17:01.920
<v Speaker 1>a firearm within city limit, the ordinance that had been

0:17:01.960 --> 0:17:04.480
<v Speaker 1>passed a year before in response to the shooting death

0:17:04.480 --> 0:17:07.680
<v Speaker 1>of town Marshal Fred White. After paying a twenty five

0:17:07.680 --> 0:17:12.320
<v Speaker 1>dollars fine and surrendering his weapons, Ike was released. Virgil

0:17:12.359 --> 0:17:15.679
<v Speaker 1>deposited Ike's rifle and revolver at the Grand Hotel for

0:17:15.720 --> 0:17:18.879
<v Speaker 1>Ike to pick up. When he left town. In the street,

0:17:19.040 --> 0:17:21.880
<v Speaker 1>Wyatt ran into Tom mclowry, who was looking for Ike.

0:17:22.359 --> 0:17:25.000
<v Speaker 1>Wyatt would later claim that Tom had a gun, but

0:17:25.040 --> 0:17:29.160
<v Speaker 1>by most other accounts, Tom was unarmed. Exactly what happened

0:17:29.240 --> 0:17:32.360
<v Speaker 1>then between Wyatt and Tom is unknown, but Wyatt ended

0:17:32.440 --> 0:17:37.000
<v Speaker 1>up buffaloing Tom. Just then, Ike's younger brother Billy and

0:17:37.080 --> 0:17:43.040
<v Speaker 1>Tom's older brother Frank arrived in town, both armed. Billy

0:17:43.160 --> 0:17:46.560
<v Speaker 1>and Frank were furious about what had happened to their brothers,

0:17:47.040 --> 0:17:51.480
<v Speaker 1>whose heads were both bleeding from their buffaloings. Not long after,

0:17:51.560 --> 0:17:55.080
<v Speaker 1>the Clinton's and mcclowrys were seen in Spangenberg's gun shop,

0:17:55.280 --> 0:17:59.280
<v Speaker 1>where they bought ammunition. Ike also tried to buy another gun,

0:17:59.480 --> 0:18:03.280
<v Speaker 1>but mister Spangenberg refused. The group then headed to the

0:18:03.320 --> 0:18:07.359
<v Speaker 1>Ok Corral for unknown reasons. The ERPs heard about the

0:18:07.359 --> 0:18:11.000
<v Speaker 1>gunshot visit and grew concerned. Virgil went to the Wells

0:18:11.080 --> 0:18:14.280
<v Speaker 1>Fargo office and borrowed a shotgun, but he left the

0:18:14.320 --> 0:18:17.199
<v Speaker 1>cowboys alone for now, hoping they would leave town of

0:18:17.240 --> 0:18:21.560
<v Speaker 1>their own accord. Meanwhile, Sheriff be Hann, having just woken

0:18:21.640 --> 0:18:24.920
<v Speaker 1>up from his post poker nap, was apprized of the situation.

0:18:25.760 --> 0:18:28.919
<v Speaker 1>Bee Hann decided to approach the cowboys and, per his

0:18:29.040 --> 0:18:32.800
<v Speaker 1>later testimony, get them to disarm. He found the group

0:18:32.840 --> 0:18:34.840
<v Speaker 1>in an alley that connected the back of the Ok

0:18:35.000 --> 0:18:39.680
<v Speaker 1>Corral to Fremont Street. Unfortunately, Frank mclowerry refused to give

0:18:39.760 --> 0:18:43.240
<v Speaker 1>up his gun unless the ERPs and Holiday also agreed

0:18:43.280 --> 0:18:47.280
<v Speaker 1>to disarm. Billy Clinton also refused, saying he was planning

0:18:47.280 --> 0:18:50.760
<v Speaker 1>to leave town. Ike Clinton and Tom mcclowry both appeared

0:18:50.800 --> 0:18:54.280
<v Speaker 1>to be unarmed. Bee Hand padded Ike down and found nothing,

0:18:54.480 --> 0:18:58.680
<v Speaker 1>but did not search Tom Apparently satisfied with his own work,

0:18:58.760 --> 0:19:02.560
<v Speaker 1>bee Hann went to update the ERPs, but bee Han's

0:19:02.560 --> 0:19:06.320
<v Speaker 1>efforts were too little, too late. While he'd been talking

0:19:06.359 --> 0:19:08.880
<v Speaker 1>to the cowboys, the ERPs had learned that the Clintons

0:19:08.880 --> 0:19:12.000
<v Speaker 1>and mclarry's had left the Ok Corral and had been

0:19:12.040 --> 0:19:16.520
<v Speaker 1>spotted on Fremont Street. In stepping on to a public street,

0:19:16.560 --> 0:19:20.120
<v Speaker 1>Billy and Frank had broken the ordinance against carrying weapons

0:19:20.160 --> 0:19:24.159
<v Speaker 1>in town. In Virgil ERP's mind, this crossed the line.

0:19:24.800 --> 0:19:28.240
<v Speaker 1>He decided that he needed to disarm the cowboys. Doc

0:19:28.280 --> 0:19:31.280
<v Speaker 1>Holliday then showed up and offered to come along. Wyatt

0:19:31.320 --> 0:19:34.280
<v Speaker 1>brushed him off, saying this is our fight, to which

0:19:34.359 --> 0:19:36.679
<v Speaker 1>Doc replied, that's the hell of a thing for you

0:19:36.760 --> 0:19:39.960
<v Speaker 1>to say to me. So Virgil decided to deputize Doc

0:19:40.080 --> 0:19:42.720
<v Speaker 1>along with his brothers, and gave Doc the shotgun he'd

0:19:42.760 --> 0:19:46.440
<v Speaker 1>borrowed before they set off. Part Way down Fremont Street,

0:19:46.560 --> 0:19:49.600
<v Speaker 1>the ERPs and Holiday ran into Sheriff bee Hann. He

0:19:49.800 --> 0:19:53.040
<v Speaker 1>tried to stop them, saying, I am the sheriff of

0:19:53.040 --> 0:19:55.359
<v Speaker 1>this county and I am not going to allow any

0:19:55.400 --> 0:19:58.320
<v Speaker 1>trouble if I can help it. When this was ignored,

0:19:58.520 --> 0:20:01.920
<v Speaker 1>bee Hand pleaded, for God's sake, don't go down there,

0:20:02.000 --> 0:20:05.720
<v Speaker 1>or you will get murdered, and then, for some reason

0:20:06.119 --> 0:20:10.320
<v Speaker 1>be hand inaccurately said I have disarmed them all. A

0:20:10.359 --> 0:20:13.680
<v Speaker 1>minute later, the ERPs and Holiday arrived at the vacant

0:20:13.720 --> 0:20:17.919
<v Speaker 1>lot bordering Fremont Street where the cowboys were. Besides the

0:20:17.960 --> 0:20:22.280
<v Speaker 1>Clintons and mclowry's, another cowboy named Billy Claiborne was hanging around,

0:20:22.680 --> 0:20:26.160
<v Speaker 1>but he quickly faded away as the lawman approached. Even

0:20:26.240 --> 0:20:29.040
<v Speaker 1>from ten feet away, Virgil could see that Billy Clinton

0:20:29.080 --> 0:20:33.000
<v Speaker 1>and Frank mcclowry were armed. Virgil raised the walking stick

0:20:33.040 --> 0:20:35.760
<v Speaker 1>he had in his right hand and called out, boys,

0:20:35.960 --> 0:20:39.120
<v Speaker 1>throw up your hands. I want your guns, and then,

0:20:39.280 --> 0:20:43.120
<v Speaker 1>realizing he might be misinterpreted, he added, hold I don't

0:20:43.160 --> 0:20:48.320
<v Speaker 1>want that, but it was too late. What happened next

0:20:48.600 --> 0:20:52.359
<v Speaker 1>is still debated. Some said that the cowboys tried to surrender,

0:20:52.960 --> 0:20:57.440
<v Speaker 1>Others said that the cowboys shot first. Either way, in seconds,

0:20:57.680 --> 0:21:01.919
<v Speaker 1>shots were flying. Frank mclowry took a bullet in the side,

0:21:02.440 --> 0:21:05.879
<v Speaker 1>Morgan Irp was hit in the shoulder. Tom mclowry turned

0:21:05.920 --> 0:21:08.960
<v Speaker 1>towards his horse either to grab the rifle hanging off

0:21:08.960 --> 0:21:12.480
<v Speaker 1>of its saddle or to run, and Doc Holliday hit

0:21:12.600 --> 0:21:15.920
<v Speaker 1>him with a load of buckshot. Frank mclowry took aim

0:21:16.000 --> 0:21:19.639
<v Speaker 1>at Doc and missed Morgan, and Doc shot back, killing

0:21:19.680 --> 0:21:23.040
<v Speaker 1>thirty two year old Frank on the spot. Billy Clanton

0:21:23.080 --> 0:21:25.919
<v Speaker 1>took shots to his chest and wrist, but still managed

0:21:25.920 --> 0:21:29.320
<v Speaker 1>to shoot Virgil's leg before taking another bullet to the stomach.

0:21:30.240 --> 0:21:35.840
<v Speaker 1>All of this happened in less than thirty seconds, despite

0:21:35.880 --> 0:21:40.000
<v Speaker 1>all the shots fired more than thirty. Wyat and Ike

0:21:40.119 --> 0:21:45.040
<v Speaker 1>emerged unhurt. Wyat by some stroke of luck, Ike because

0:21:45.080 --> 0:21:49.560
<v Speaker 1>he ran away. Virgil had a nasty leg wound. Morgan

0:21:49.640 --> 0:21:52.280
<v Speaker 1>had a chipped vertebra from the bullet that had passed

0:21:52.280 --> 0:21:56.120
<v Speaker 1>through one shoulder and out the other. Nineteen year old

0:21:56.160 --> 0:22:00.280
<v Speaker 1>Billy Clanton and twenty eight year old Tom mclowry both

0:22:00.359 --> 0:22:05.480
<v Speaker 1>died within the hour. Johnny Behann, trying to assert some control,

0:22:05.880 --> 0:22:09.000
<v Speaker 1>approached Wyatt and told him he was under arrest for murder.

0:22:09.640 --> 0:22:13.800
<v Speaker 1>Wyatt was speechless. I won't be arrested, he said, you

0:22:13.920 --> 0:22:16.840
<v Speaker 1>deceived be Johnny. You told me they were not armed.

0:22:17.400 --> 0:22:19.720
<v Speaker 1>He told Bihan he would answer for what he had

0:22:19.760 --> 0:22:22.359
<v Speaker 1>done and that he wouldn't leave town. But that he

0:22:22.480 --> 0:22:26.960
<v Speaker 1>refused to be arrested. Behind him, the gathering crowd voiced

0:22:27.000 --> 0:22:30.240
<v Speaker 1>their support, there is no hurry in arresting this man.

0:22:30.400 --> 0:22:34.200
<v Speaker 1>Hotel owner Sylvester Comstock declared he done just right in

0:22:34.320 --> 0:22:38.000
<v Speaker 1>killing them, and the people will uphold them. Be Hann

0:22:38.160 --> 0:22:42.040
<v Speaker 1>backed off that day. It seemed that Comstock was right,

0:22:42.600 --> 0:22:47.160
<v Speaker 1>the people would uphold the IRPs and Holidays actions. Newspaper

0:22:47.160 --> 0:22:50.600
<v Speaker 1>accounts of the shooting, based on eyewitness accounts, all favored

0:22:50.600 --> 0:22:54.400
<v Speaker 1>the lawmen. Ike Clanton and his younger brother Finn were

0:22:54.440 --> 0:22:57.919
<v Speaker 1>taken into protective custody because it was rumored that people

0:22:58.000 --> 0:23:04.439
<v Speaker 1>wanted to lynch them, but this support would not last long. Frank,

0:23:04.720 --> 0:23:08.359
<v Speaker 1>Tom and Billie's bodies were displayed in open caskets on

0:23:08.400 --> 0:23:11.760
<v Speaker 1>the street. Someone placed a sign above them that read

0:23:12.359 --> 0:23:17.359
<v Speaker 1>murdered in the streets of Tombstone. Two thousand people showed

0:23:17.440 --> 0:23:21.040
<v Speaker 1>up for the men's funeral. Whispers grew louder, were the

0:23:21.119 --> 0:23:26.159
<v Speaker 1>killings really justified? And then on October twenty eighth, the

0:23:26.240 --> 0:23:31.680
<v Speaker 1>coroner's inquest began. Arizona law only required a coroner's inquest

0:23:31.840 --> 0:23:34.760
<v Speaker 1>in cases where a death was suspected to be caused

0:23:34.760 --> 0:23:39.000
<v Speaker 1>by crime. A troubling sign for the RBS. Still, they

0:23:39.160 --> 0:23:42.240
<v Speaker 1>likely believed that the testimony would support them, but the

0:23:42.280 --> 0:23:47.600
<v Speaker 1>first witness, Sheriff be Han, dashed their hopes. Behan claimed

0:23:47.640 --> 0:23:51.160
<v Speaker 1>that after Virgil asked for the cowboys guns, Billy Clanton

0:23:51.200 --> 0:23:53.560
<v Speaker 1>had cried out, don't shoot me. I don't want to fight,

0:23:54.280 --> 0:23:57.159
<v Speaker 1>and Tom mccloughry had said, I have got nothing, pulling

0:23:57.200 --> 0:24:00.360
<v Speaker 1>his coat back to show he was unarmed. Even as

0:24:00.359 --> 0:24:04.000
<v Speaker 1>the men were surrendering, be Hand said the IRP party

0:24:04.240 --> 0:24:08.520
<v Speaker 1>had started shooting. Bihan also claimed that Virgil had not

0:24:08.760 --> 0:24:12.920
<v Speaker 1>been quote acting in an official capacity, painting the shootout

0:24:12.920 --> 0:24:16.159
<v Speaker 1>as the result of a private feud. Ike Clanton and

0:24:16.320 --> 0:24:22.080
<v Speaker 1>Billy Claiborne corroborated b Hand's story. More damningly, several neutral

0:24:22.160 --> 0:24:26.320
<v Speaker 1>witnesses also testified about the ERPs and holiday shooting quickly

0:24:26.680 --> 0:24:30.199
<v Speaker 1>after asking the Clintons and mcclowry's to surrender. By the

0:24:30.359 --> 0:24:33.520
<v Speaker 1>end of the two day inquest, many Tombstoners had become

0:24:33.600 --> 0:24:38.240
<v Speaker 1>openly critical of the irp's actions, though coroner Henry Matthews

0:24:38.280 --> 0:24:42.119
<v Speaker 1>released an ambiguous verdict, finding only that Billy Clinton and

0:24:42.160 --> 0:24:44.679
<v Speaker 1>the mclowry's had died as a result of being shot.

0:24:45.320 --> 0:24:49.520
<v Speaker 1>Everyone knew the story would not end there, and indeed,

0:24:49.720 --> 0:24:53.600
<v Speaker 1>the day after the coroner's verdict, Ike Clanton filed first

0:24:53.600 --> 0:24:58.240
<v Speaker 1>degree murder charges against John Doc Holliday and Virgil Wyatt

0:24:58.280 --> 0:25:01.440
<v Speaker 1>and Morgan Irp. The case would now be sent before

0:25:01.640 --> 0:25:04.879
<v Speaker 1>Justice of the Peace Wells Spitzer for a preliminary hearing.

0:25:05.560 --> 0:25:08.560
<v Speaker 1>If Spicer found that a crime had indeed been committed

0:25:08.920 --> 0:25:11.280
<v Speaker 1>and that there was sufficient cause to find the IRPs

0:25:11.320 --> 0:25:15.600
<v Speaker 1>and Holiday guilty of said crime, they could find themselves

0:25:15.720 --> 0:25:23.280
<v Speaker 1>on trial for their lives. Tombstone's first courthouse had burned

0:25:23.280 --> 0:25:26.400
<v Speaker 1>in a fire earlier in the year, so the preliminary

0:25:26.440 --> 0:25:29.320
<v Speaker 1>hearing took place in the court's temporary home in the

0:25:29.359 --> 0:25:33.280
<v Speaker 1>Mining Exchange building, just down the block from the shootout site.

0:25:33.760 --> 0:25:37.680
<v Speaker 1>Wells Spicer, the Justice of the Peace, presided a true

0:25:37.880 --> 0:25:42.560
<v Speaker 1>multi hyphenet Westerner. The fifty year old Spizer was a lawyer, prospector,

0:25:42.720 --> 0:25:48.200
<v Speaker 1>and a journalist. Preliminary hearings were usually brief affairs, consisting

0:25:48.200 --> 0:25:51.280
<v Speaker 1>of a straightforward presentation of evidence to a judge who

0:25:51.320 --> 0:25:53.800
<v Speaker 1>would then rule if a grand jury should hear the case,

0:25:54.480 --> 0:25:57.280
<v Speaker 1>but this hearing would last for nearly a month and

0:25:57.480 --> 0:26:02.400
<v Speaker 1>closely resemble a real trial. Why, while given the nomadic

0:26:02.440 --> 0:26:06.159
<v Speaker 1>existence of many frontier settlers, there was no guarantee that

0:26:06.200 --> 0:26:09.840
<v Speaker 1>a witness would stick around for a trial. Arizona law

0:26:09.880 --> 0:26:13.199
<v Speaker 1>allowed for sworn testimony given in preliminary hearings to be

0:26:13.240 --> 0:26:16.280
<v Speaker 1>read aloud at trial should the witness have moved on,

0:26:17.119 --> 0:26:21.560
<v Speaker 1>so lawyers on both sides were incentivized to get testimony recorded. Now,

0:26:22.400 --> 0:26:25.639
<v Speaker 1>the prosecution and defense also had their own reasons to

0:26:25.680 --> 0:26:29.760
<v Speaker 1>believe a prolonged preliminary hearing could benefit their case. In

0:26:29.800 --> 0:26:33.439
<v Speaker 1>the past, Tombstone prosecutors had held back evidence that they

0:26:33.520 --> 0:26:36.960
<v Speaker 1>wanted to save for trial from preliminary hearings and seen

0:26:37.000 --> 0:26:40.960
<v Speaker 1>their cases dismissed as a result, And the defense probably

0:26:41.000 --> 0:26:43.680
<v Speaker 1>believed that they would have a better shot with Judge Spicer,

0:26:43.880 --> 0:26:47.560
<v Speaker 1>a Republican, than with a Coachees County grand jury, which

0:26:47.600 --> 0:26:52.879
<v Speaker 1>would likely contain many Democrats and cowboy sympathizers. Attorney Tom

0:26:52.960 --> 0:26:57.760
<v Speaker 1>Fitch led the defense. Fitch was a fascinating character during

0:26:57.760 --> 0:27:00.719
<v Speaker 1>his long and varied career. The forty three year old

0:27:00.800 --> 0:27:04.040
<v Speaker 1>Fitch had worked as a reporter, a political organizer, and

0:27:04.119 --> 0:27:07.240
<v Speaker 1>a lawyer, and had also served a term in Congress.

0:27:07.280 --> 0:27:11.639
<v Speaker 1>As a representative from Nevada. Fitch technically only represented the RBS.

0:27:12.200 --> 0:27:16.439
<v Speaker 1>Lawyer TJ. Drum represented Doc Holliday, but Fitch structured the

0:27:16.440 --> 0:27:20.760
<v Speaker 1>defense and likely conducted most of the examinations. The prosecution

0:27:21.119 --> 0:27:26.320
<v Speaker 1>had no such unifying force. District Attorney Lyttleton Price, a

0:27:26.359 --> 0:27:29.480
<v Speaker 1>thirty three year old lawyer, was technically in charge, but

0:27:29.640 --> 0:27:33.560
<v Speaker 1>friends of the Clintons and mcloughry's skeptical of the Republican,

0:27:33.640 --> 0:27:39.320
<v Speaker 1>Price fundraised to hire another prosecutor, Ben Goodrich. Goodrich was

0:27:39.359 --> 0:27:43.080
<v Speaker 1>a Confederate veteran and a staunch Democrat. He may also

0:27:43.160 --> 0:27:46.960
<v Speaker 1>have helped I Clanton file the murder charges. There was

0:27:47.000 --> 0:27:50.560
<v Speaker 1>a third prosecutor two who arrived on the third day

0:27:50.560 --> 0:27:53.040
<v Speaker 1>of the hearing and shaped the case more than either

0:27:53.080 --> 0:27:58.080
<v Speaker 1>Goodrich or Price. His name was Will mcloughy, and he

0:27:58.240 --> 0:28:02.479
<v Speaker 1>was Frank and Tom mcloughry's old brother. Thirty six year

0:28:02.520 --> 0:28:05.560
<v Speaker 1>old Will was an attorney in Texas. Upon hearing of

0:28:05.560 --> 0:28:08.919
<v Speaker 1>his brother's deaths, he had gone immediately to Arizona and

0:28:09.040 --> 0:28:13.520
<v Speaker 1>asked to join the prosecution. From the start, Will's intent

0:28:13.840 --> 0:28:19.200
<v Speaker 1>was clear. He wanted the IRPs and Holiday dead. This

0:28:19.240 --> 0:28:22.159
<v Speaker 1>thing has a tendency to arouse all the devil there

0:28:22.240 --> 0:28:24.919
<v Speaker 1>is in me, he wrote to his law partner, I

0:28:25.280 --> 0:28:28.600
<v Speaker 1>could kill them. Will made it clear to his co

0:28:28.600 --> 0:28:32.880
<v Speaker 1>consuls that he was uninterested in any charge less than

0:28:33.040 --> 0:28:36.760
<v Speaker 1>first degree murder and the death sentence that accompanied it.

0:28:37.720 --> 0:28:42.080
<v Speaker 1>Before Will mcloughy's arrival on November fourth, the prosecution case

0:28:42.120 --> 0:28:46.520
<v Speaker 1>had proceeded sedately. Coroner Henry Matthews detailed the wounds on

0:28:46.600 --> 0:28:49.680
<v Speaker 1>the dead men's bodies. Billy Allen, a friend of the

0:28:49.760 --> 0:28:53.600
<v Speaker 1>mcloughry's and Clanton's, testified that Frank mcloughy had told him

0:28:53.640 --> 0:28:56.080
<v Speaker 1>he planned to get his brother out of town, not

0:28:56.360 --> 0:29:00.360
<v Speaker 1>fight the IRPs. Sheriff Johnny B. Hann repeated his story

0:29:00.400 --> 0:29:03.840
<v Speaker 1>from the inquest in which Tom mcloary and Billy Clanton

0:29:03.920 --> 0:29:08.840
<v Speaker 1>had tried to surrender. Martha King, a housewife, described seeing

0:29:08.880 --> 0:29:11.920
<v Speaker 1>the IRPs as they walked towards the gunfight and hearing

0:29:11.960 --> 0:29:15.480
<v Speaker 1>one of the brothers tell Doc Holliday quote, let them

0:29:15.680 --> 0:29:19.560
<v Speaker 1>have it. Andrew Meehan, a saloon keeper, testified that Tom

0:29:19.640 --> 0:29:23.440
<v Speaker 1>mclowry had turned in his pistol per tombstone law in

0:29:23.480 --> 0:29:26.800
<v Speaker 1>the early afternoon of the twenty sixth, supporting the idea

0:29:26.840 --> 0:29:30.880
<v Speaker 1>that he'd been unarmed during the gun fight. Billy Clayborne,

0:29:30.880 --> 0:29:33.360
<v Speaker 1>the cowboy who'd been with the mclowrys and Clinton's right

0:29:33.400 --> 0:29:36.640
<v Speaker 1>before the gunfight, claimed that the ERPs and Holiday had

0:29:36.680 --> 0:29:41.240
<v Speaker 1>approached with their guns drawn, ready for a fight. None

0:29:41.280 --> 0:29:45.360
<v Speaker 1>of this looked good for the defendants. The prosecution's presentation

0:29:45.520 --> 0:29:48.720
<v Speaker 1>made it look like they had acted hastily out of anger,

0:29:49.040 --> 0:29:52.120
<v Speaker 1>that they had provoked the gunfight and shot unarmed men.

0:29:52.920 --> 0:29:57.240
<v Speaker 1>But the prosecution hadn't provided much evidence for premeditation, which

0:29:57.320 --> 0:30:00.640
<v Speaker 1>was needed to prove first degree murder, and that was

0:30:00.680 --> 0:30:03.560
<v Speaker 1>a problem for Will mclowry, who wasn't going to be

0:30:03.640 --> 0:30:09.080
<v Speaker 1>satisfied with a lesser charge. Fortunately, the prosecution's next witness,

0:30:09.360 --> 0:30:12.680
<v Speaker 1>Ike Clanton, was prepared to provide the defendants with a

0:30:12.720 --> 0:30:16.800
<v Speaker 1>motive for murder. It came out surprisingly during his cross

0:30:16.840 --> 0:30:21.560
<v Speaker 1>examination on Saturday, November twelfth. Earlier, Ike had testified that

0:30:21.640 --> 0:30:23.960
<v Speaker 1>his fight with the ERPs and Dock the night before

0:30:23.960 --> 0:30:28.000
<v Speaker 1>the gunfight had been unprovoked. Tom Fitch pushed him on this,

0:30:28.640 --> 0:30:31.080
<v Speaker 1>asking if it had anything to do with the deal

0:30:31.160 --> 0:30:34.120
<v Speaker 1>that Ike had made with Wyatt to turn on Leonard

0:30:34.320 --> 0:30:38.840
<v Speaker 1>Head and Crane. The stagecoach robbers. Ike admitted that there

0:30:39.000 --> 0:30:42.240
<v Speaker 1>was a deal, but it wasn't a deal to capture

0:30:42.280 --> 0:30:48.080
<v Speaker 1>the robbers. It was something much more nefarious. Wyatt erp

0:30:48.360 --> 0:30:52.600
<v Speaker 1>Ike claimed, had offered him six thousand dollars to quote

0:30:53.240 --> 0:30:57.920
<v Speaker 1>help put up a job to kill Crane, Leonard and head.

0:30:58.880 --> 0:31:03.000
<v Speaker 1>Why would Wyatt want the men dead? Because, Ike said

0:31:03.440 --> 0:31:06.800
<v Speaker 1>the ERPs and Doc Holliday had worked on the stagecoach

0:31:06.880 --> 0:31:10.960
<v Speaker 1>robbery with them. Why it was afraid, Ike continued that

0:31:11.040 --> 0:31:13.760
<v Speaker 1>some of them would be caught and would squeal on him.

0:31:14.400 --> 0:31:18.640
<v Speaker 1>Tom Fitch was stunned. Where had the story come from?

0:31:18.760 --> 0:31:21.800
<v Speaker 1>It was baffling, and it was hard for most people

0:31:21.800 --> 0:31:27.520
<v Speaker 1>to believe. The prosecution, however, doubled down on redirect. The

0:31:27.560 --> 0:31:31.760
<v Speaker 1>prosecutor asked Ike for more details. Ike took the invitation

0:31:32.000 --> 0:31:35.760
<v Speaker 1>and ran with it, now claiming that all three Urt

0:31:35.800 --> 0:31:39.520
<v Speaker 1>brothers had admitted directly to him their involvement in the robbery,

0:31:39.880 --> 0:31:43.320
<v Speaker 1>and that Doc Holliday had openly confessed to firing the

0:31:43.320 --> 0:31:47.160
<v Speaker 1>shot that killed the driver. Ike described his horror at

0:31:47.200 --> 0:31:50.680
<v Speaker 1>what the men were telling him, saying, quote, I was

0:31:50.720 --> 0:31:53.200
<v Speaker 1>not going to have anything to do with helping to

0:31:53.280 --> 0:31:58.239
<v Speaker 1>capture Bill Leonard Crane and Harry Head capture them, not

0:31:59.080 --> 0:32:02.200
<v Speaker 1>kill them. Ike caught his slip of the tongue and

0:32:02.400 --> 0:32:05.560
<v Speaker 1>quickly corrected himself, but not quickly enough for it to

0:32:05.680 --> 0:32:09.040
<v Speaker 1>escape Tom Fitch's notice. Fitch asked for a note to

0:32:09.040 --> 0:32:12.840
<v Speaker 1>be made in the record, and Spicer obliged, writing quote.

0:32:13.240 --> 0:32:16.240
<v Speaker 1>At the time of stating the above sentence, the witness

0:32:16.360 --> 0:32:21.920
<v Speaker 1>first said capture and then corrected it to kill. But

0:32:22.000 --> 0:32:26.040
<v Speaker 1>Ike wasn't deterred by this revealing mistake. As the redirect

0:32:26.040 --> 0:32:30.520
<v Speaker 1>examination continued, Ike apparently with the full support of the prosecution,

0:32:31.040 --> 0:32:34.200
<v Speaker 1>now tied this deal back to the gunfight, saying that

0:32:34.240 --> 0:32:37.720
<v Speaker 1>after Leonard Crane and Head died, he believed that the

0:32:37.760 --> 0:32:40.520
<v Speaker 1>IRPs and Holiday would kill him for what he knew.

0:32:41.320 --> 0:32:45.840
<v Speaker 1>Ike thought the gunfight had actually been an attempted assassination.

0:32:47.560 --> 0:32:52.080
<v Speaker 1>What prompted Ike Clanton to tell this story so blatantly

0:32:52.120 --> 0:32:57.680
<v Speaker 1>an invention? Maybe alcohol when historian has suggested or cocaine,

0:32:57.720 --> 0:33:01.800
<v Speaker 1>says another which Ike might have been taking headaches. Stephen

0:33:01.840 --> 0:33:06.040
<v Speaker 1>Lubet believes that Will mcclowry, desperate to prove first degree murder,

0:33:06.400 --> 0:33:10.360
<v Speaker 1>might have encouraged Ike to provide a motive on re cross.

0:33:10.520 --> 0:33:13.160
<v Speaker 1>Tom Fitch got Ike to admit that he had shared

0:33:13.200 --> 0:33:16.640
<v Speaker 1>this story with the prosecution before he told it in court.

0:33:17.200 --> 0:33:21.600
<v Speaker 1>Whatever Ike's reasons, his impact on the hearing was enormous.

0:33:22.680 --> 0:33:27.320
<v Speaker 1>On November sixteenth, the defense began their presentation. Tom Fitch

0:33:27.480 --> 0:33:31.680
<v Speaker 1>recognized the unique dimensions of this case. In most cases,

0:33:31.760 --> 0:33:35.320
<v Speaker 1>Stephen Lubet writes, it is undisputed that a crime has occurred,

0:33:35.680 --> 0:33:38.600
<v Speaker 1>and the question is whether the defendant committed it. The

0:33:38.640 --> 0:33:42.680
<v Speaker 1>IRPs trial, however, was very nearly the reverse. There was

0:33:42.720 --> 0:33:45.720
<v Speaker 1>no doubt that the ERPs killed the three cowboys, but

0:33:45.760 --> 0:33:49.840
<v Speaker 1>the question was whether it amounted to a crime. Criminality,

0:33:50.120 --> 0:33:54.160
<v Speaker 1>not commission, was the ultimate issue for the court. The

0:33:54.200 --> 0:33:57.720
<v Speaker 1>defense planned to answer the question of criminality by focusing

0:33:57.800 --> 0:34:01.560
<v Speaker 1>on character, by defining the ERPs as law men and

0:34:01.640 --> 0:34:05.000
<v Speaker 1>casting the dead men as dangerous criminals who posed a

0:34:05.040 --> 0:34:09.040
<v Speaker 1>threat to Tombstone. To that end, the defense's first witness

0:34:09.160 --> 0:34:12.520
<v Speaker 1>was Wyatt, Erp himself. This was sure to be a

0:34:12.640 --> 0:34:15.919
<v Speaker 1>dramatic moment in the hearing, but what Tom Fitch did

0:34:15.960 --> 0:34:20.440
<v Speaker 1>after calling Wyatt made it even more riveting. He declared

0:34:20.480 --> 0:34:25.360
<v Speaker 1>that Wyatt would not be undergoing a direct or cross examination. Instead,

0:34:25.760 --> 0:34:30.359
<v Speaker 1>he would be presenting a narrative statement. Under Arizona law,

0:34:30.480 --> 0:34:33.840
<v Speaker 1>defendants were allowed to do this. This law was a

0:34:33.880 --> 0:34:37.239
<v Speaker 1>remnant of the time not long gone, when defendants were

0:34:37.320 --> 0:34:40.480
<v Speaker 1>not allowed to testify in their own defense, something we

0:34:40.520 --> 0:34:44.440
<v Speaker 1>talked about in more depth in the Lincoln Lawyer episode. However,

0:34:44.560 --> 0:34:48.680
<v Speaker 1>defendants usually spoke off the cuff, and Wyatt Earp would

0:34:48.680 --> 0:34:52.319
<v Speaker 1>not be doing that. Instead, he began to read from

0:34:52.360 --> 0:34:57.920
<v Speaker 1>a prepared statement. The prosecution objected, but Judge Spicer ruled

0:34:57.960 --> 0:35:01.959
<v Speaker 1>that quote the statute was broad and the defendant could

0:35:01.960 --> 0:35:05.399
<v Speaker 1>make any statement he pleased, whether previously prepared or not,

0:35:07.200 --> 0:35:11.560
<v Speaker 1>and so Wyat read. His statement was wide ranging and

0:35:11.840 --> 0:35:15.960
<v Speaker 1>suspiciously articulate, presenting a long history of the Clinton and

0:35:16.040 --> 0:35:20.640
<v Speaker 1>mclowry brothers association with the Cowboys and their various criminal activities.

0:35:21.200 --> 0:35:24.840
<v Speaker 1>He called Ike Clinton's testimony quote a tissue of lies

0:35:24.880 --> 0:35:28.160
<v Speaker 1>from beginning to end. He said he believed Tom mclowry

0:35:28.160 --> 0:35:31.280
<v Speaker 1>to have been armed, and he expressed the personal fear

0:35:31.400 --> 0:35:36.319
<v Speaker 1>and responsibility he felt, saying quote, I believed then and

0:35:36.480 --> 0:35:39.520
<v Speaker 1>believe now from the acts I have stated and the

0:35:39.560 --> 0:35:43.080
<v Speaker 1>threats I have related made by Tom mcloughy, Frank mcloughy

0:35:43.120 --> 0:35:46.560
<v Speaker 1>and Ike Clinton that these men had formed a conspiracy

0:35:46.600 --> 0:35:51.280
<v Speaker 1>to murder my brothers, Doc Holliday, and myself. I believe

0:35:51.360 --> 0:35:54.800
<v Speaker 1>I would have been legally and morally justified in shooting

0:35:54.920 --> 0:35:57.680
<v Speaker 1>any of them on site, but I did not do so,

0:35:58.000 --> 0:36:00.920
<v Speaker 1>nor attempt to do so, when as part of my

0:36:01.040 --> 0:36:04.240
<v Speaker 1>duty and under the direction of my brother, the Marshal,

0:36:04.800 --> 0:36:07.600
<v Speaker 1>I did not intend to fight unless it became necessary

0:36:07.600 --> 0:36:10.840
<v Speaker 1>in self defense and in the performance of official duty.

0:36:11.360 --> 0:36:14.920
<v Speaker 1>When Billy Clinton and Frank mclowy drew their pistols, I

0:36:15.040 --> 0:36:17.879
<v Speaker 1>knew it was a fight for life, and I drew

0:36:17.920 --> 0:36:20.160
<v Speaker 1>in defense of my own life and the lives of

0:36:20.160 --> 0:36:25.279
<v Speaker 1>my brothers and Doc Holliday. Virgil Irp also testified. The

0:36:25.360 --> 0:36:28.440
<v Speaker 1>format was the more traditional direct and cross examination, but

0:36:28.640 --> 0:36:32.320
<v Speaker 1>the setting was unusual. Virgil, still recovering from his wounds,

0:36:32.440 --> 0:36:36.080
<v Speaker 1>gave his testimony from his sick bed. His story aligned

0:36:36.120 --> 0:36:39.040
<v Speaker 1>with Wyatts, although he focused more on the law enforcement

0:36:39.080 --> 0:36:42.160
<v Speaker 1>aspects of the day, explaining that he had deputized his

0:36:42.200 --> 0:36:44.920
<v Speaker 1>brothers and Doc Holliday to help him disarm the Clintons

0:36:44.960 --> 0:36:49.080
<v Speaker 1>and mcloughy's. Virgil also described all the threats the cowboys

0:36:49.080 --> 0:36:52.200
<v Speaker 1>had made towards him including a new piece of evidence.

0:36:53.040 --> 0:36:55.960
<v Speaker 1>Not long before the gunfight, a man Virgil did not

0:36:56.160 --> 0:36:59.480
<v Speaker 1>know approached him and told Virgil that he'd just seen

0:36:59.520 --> 0:37:02.799
<v Speaker 1>a group of men gathered by the ok corral. All

0:37:02.880 --> 0:37:05.839
<v Speaker 1>the men were armed, this man said, and he'd heard

0:37:05.840 --> 0:37:08.719
<v Speaker 1>one of them say quote, be sure to get erp

0:37:09.000 --> 0:37:12.719
<v Speaker 1>the marshal, and another reply, we will kill them all.

0:37:13.440 --> 0:37:16.520
<v Speaker 1>The defense now produced the man who had told this story.

0:37:17.000 --> 0:37:20.160
<v Speaker 1>His name was H. F. Sills. He was a railway

0:37:20.160 --> 0:37:23.760
<v Speaker 1>worker visiting Tombstone on October twenty sixth when he happened

0:37:23.800 --> 0:37:26.960
<v Speaker 1>to overhear the Clintons and mcclowry's talking about the ERPs.

0:37:27.520 --> 0:37:30.160
<v Speaker 1>Sylls had asked someone to point him to Virgil so

0:37:30.239 --> 0:37:32.759
<v Speaker 1>he could pass on what he'd heard. He did not

0:37:32.920 --> 0:37:35.560
<v Speaker 1>know who the Clintons or mclowry's were at the time,

0:37:36.200 --> 0:37:40.000
<v Speaker 1>but at Frank, Tom and Billie's funeral, Sills had recognized

0:37:40.040 --> 0:37:42.919
<v Speaker 1>Ike Clinton as one of the men making threats before

0:37:42.960 --> 0:37:47.000
<v Speaker 1>the gunfight. Sylls' status as a complete outsider to the

0:37:47.040 --> 0:37:50.400
<v Speaker 1>town gave his testimony weight, and he was also not

0:37:50.520 --> 0:37:53.280
<v Speaker 1>the only one to testify for the defense about threats

0:37:53.320 --> 0:37:57.160
<v Speaker 1>made by Ike Clinton. Ned Boyle, a bartender described Ike

0:37:57.200 --> 0:38:00.040
<v Speaker 1>Clinton saying quote, as soon as the ERP's end and

0:38:00.120 --> 0:38:03.520
<v Speaker 1>Doc Hollidays showed themselves on the street, the ball would open.

0:38:03.960 --> 0:38:08.040
<v Speaker 1>They would have to fight. Julius Kelly, a saloon owner,

0:38:08.160 --> 0:38:10.680
<v Speaker 1>and Resid J. Campbell, the clerk of the county Board

0:38:10.719 --> 0:38:14.839
<v Speaker 1>of Supervisors, also heard Ike make threats. The defense also

0:38:14.960 --> 0:38:19.200
<v Speaker 1>presented several gunfight eyewitnesses who were butted the prosecution's version

0:38:19.239 --> 0:38:23.080
<v Speaker 1>of events. H F. Sills claimed that the cowboys drew

0:38:23.160 --> 0:38:26.760
<v Speaker 1>their guns as soon as Virgil started speaking to them.

0:38:26.880 --> 0:38:30.080
<v Speaker 1>Addie Borland, a dressmaker, said that she hadn't seen any

0:38:30.160 --> 0:38:33.440
<v Speaker 1>of the cowboys putting their hands up in surrender. Borland

0:38:33.480 --> 0:38:35.920
<v Speaker 1>also pushed back on Sheriff bee Han's claimed that the

0:38:35.920 --> 0:38:38.760
<v Speaker 1>IRPs and Holidays had fired all of the first shots,

0:38:39.200 --> 0:38:44.240
<v Speaker 1>saying that everyone began shooting simultaneously. Borland wasn't the only

0:38:44.320 --> 0:38:48.160
<v Speaker 1>one to raise issues with Beehn's testimony. The defense had

0:38:48.160 --> 0:38:53.640
<v Speaker 1>a surprise witness, Winfield Scott Williams, an assistant district attorney

0:38:53.920 --> 0:38:58.160
<v Speaker 1>under Lyttleton Price. Williams did not seem pleased to be there.

0:38:58.480 --> 0:39:01.000
<v Speaker 1>It must have been awkward under my your boss's case,

0:39:01.280 --> 0:39:05.400
<v Speaker 1>but he appeared nonetheless when Tom Fitch had cross examined

0:39:05.440 --> 0:39:08.319
<v Speaker 1>Sheriff be Hann. He'd asked bee Hann if he had

0:39:08.400 --> 0:39:11.600
<v Speaker 1>visited Virgil Irp the night after the gunfight and told

0:39:11.680 --> 0:39:14.160
<v Speaker 1>Virgil that he had seen one of the mclowry boys

0:39:14.280 --> 0:39:18.239
<v Speaker 1>draw his pistol immediately after Virgil asked for their surrender.

0:39:18.920 --> 0:39:23.040
<v Speaker 1>Bee Hann had denied saying this, but Winfield Williams had

0:39:23.280 --> 0:39:26.520
<v Speaker 1>also been at Virgil's house that night, and now on

0:39:26.560 --> 0:39:30.319
<v Speaker 1>the stand he testified that bee Hann had indeed said

0:39:30.320 --> 0:39:33.760
<v Speaker 1>this to Virgil. It was a serious blow to Behan's

0:39:33.760 --> 0:39:37.520
<v Speaker 1>credibility and raised the question if he had lied about this,

0:39:38.120 --> 0:39:41.680
<v Speaker 1>what else had he lied about. On November twenty ninth,

0:39:41.760 --> 0:39:45.719
<v Speaker 1>the preliminary hearing ended. Both sides waived the right to

0:39:45.760 --> 0:39:49.400
<v Speaker 1>closing arguments for unknown reasons. It was now up to

0:39:49.480 --> 0:39:52.760
<v Speaker 1>Judge Wells Spicer to review the evidence and decide whether

0:39:52.800 --> 0:39:55.840
<v Speaker 1>to move the case forward to a grand jury. Spicer

0:39:55.880 --> 0:39:58.440
<v Speaker 1>said he would announce his decision at two pm the

0:39:58.480 --> 0:40:02.560
<v Speaker 1>next day. If Spicer found there was sufficient cause a

0:40:02.560 --> 0:40:05.440
<v Speaker 1>pretty low bar to believe that the ERPs and Holiday

0:40:05.480 --> 0:40:07.960
<v Speaker 1>were guilty of first degree murder, he could send the

0:40:08.000 --> 0:40:11.040
<v Speaker 1>case to the grand jury. If he didn't find sufficient

0:40:11.080 --> 0:40:14.040
<v Speaker 1>cause for this charge, he could recommend a lesser charge,

0:40:14.120 --> 0:40:17.800
<v Speaker 1>like second degree murder or manslaughter, or he could dismiss

0:40:17.840 --> 0:40:22.240
<v Speaker 1>the charges altogether. At two o'clock on Wednesday, November thirtieth,

0:40:22.440 --> 0:40:26.239
<v Speaker 1>eighteen eighty one, the parties met once more in the

0:40:26.320 --> 0:40:30.840
<v Speaker 1>Mining Exchange Building to hear Judge Speiser's decision. Though Spicer

0:40:30.840 --> 0:40:34.000
<v Speaker 1>had produced his decision quickly, that didn't mean it was short.

0:40:34.400 --> 0:40:37.600
<v Speaker 1>The text ran for more than three thousand words. The

0:40:37.719 --> 0:40:42.120
<v Speaker 1>length reflected the prolonged hearing. Spicer said, explaining, quote, I

0:40:42.239 --> 0:40:45.080
<v Speaker 1>have given over four weeks of patient attention to the

0:40:45.120 --> 0:40:48.040
<v Speaker 1>hearing of evidence in this case, and at least four

0:40:48.080 --> 0:40:51.040
<v Speaker 1>fifths of my waking hours have been devoted to an

0:40:51.120 --> 0:40:55.280
<v Speaker 1>earnest study of the evidence before me. Based on that study,

0:40:55.640 --> 0:41:00.800
<v Speaker 1>he had found that quote, there was no sufficient cause

0:41:01.280 --> 0:41:04.600
<v Speaker 1>to believe the defendants guilty of the offense mentioned within,

0:41:05.280 --> 0:41:12.840
<v Speaker 1>and I order them to be released early. In his opinion,

0:41:13.120 --> 0:41:15.840
<v Speaker 1>Judge Spicer declared that there was a factor in this

0:41:16.000 --> 0:41:20.560
<v Speaker 1>case that quote divested the subsequent approach of the defendants

0:41:20.640 --> 0:41:25.359
<v Speaker 1>toward the deceased of all presumption of malice or of illegality.

0:41:26.320 --> 0:41:30.800
<v Speaker 1>That factor was the defendant's roles in law enforcement, Virgil

0:41:30.840 --> 0:41:33.880
<v Speaker 1>Irb as town marshal and the rest as his deputies.

0:41:34.680 --> 0:41:39.080
<v Speaker 1>When the defendants, Spicer continued, quote, marched down Fremont Street

0:41:39.200 --> 0:41:42.160
<v Speaker 1>to the scene of the subsequent homicide. They were going

0:41:42.200 --> 0:41:46.120
<v Speaker 1>where it was their right and duty to go. Of course,

0:41:46.320 --> 0:41:51.600
<v Speaker 1>police officers can and do wrongfully kill people, but Spicer

0:41:51.680 --> 0:41:53.920
<v Speaker 1>did not think that that had happened in this case.

0:41:54.480 --> 0:41:58.480
<v Speaker 1>He believed that the defendants had acted from necessity to quote,

0:41:58.760 --> 0:42:03.360
<v Speaker 1>save themselves from certain death. In view of all the

0:42:03.440 --> 0:42:07.920
<v Speaker 1>facts and circumstances of the case, Spicer found, I cannot

0:42:07.920 --> 0:42:11.239
<v Speaker 1>resist the conclusion that the defendants were fully justified in

0:42:11.280 --> 0:42:14.880
<v Speaker 1>committing these homicides, that it was a necessary act done

0:42:14.960 --> 0:42:20.120
<v Speaker 1>in the discharge of an official duty. What circumstances did

0:42:20.160 --> 0:42:24.680
<v Speaker 1>Spicer mean? He defined them as, quote, the conditions of

0:42:24.719 --> 0:42:29.439
<v Speaker 1>affairs incident to a frontier country, the lawlessness and disregard

0:42:29.480 --> 0:42:33.040
<v Speaker 1>for human life, the existence of a law defying element

0:42:33.120 --> 0:42:36.360
<v Speaker 1>in our midst the fear and feeling of insecurity that

0:42:36.400 --> 0:42:40.920
<v Speaker 1>has existed, the supposed prevalence of bad, desperate, and reckless

0:42:40.960 --> 0:42:43.759
<v Speaker 1>men who have been a terror to the country and

0:42:43.960 --> 0:42:47.400
<v Speaker 1>kept away capital and enterprise, and the many threats that

0:42:47.440 --> 0:42:52.160
<v Speaker 1>have been made against the ERPs. This description matches almost

0:42:52.320 --> 0:42:56.320
<v Speaker 1>exactly the narrative that the defense advanced, that the ERPs

0:42:56.360 --> 0:42:59.600
<v Speaker 1>were virtuous law men fighting an uphill battle against the

0:42:59.719 --> 0:43:04.319
<v Speaker 1>lawlessness inherent to a frontier society. Stephen Lubitt argues that

0:43:04.360 --> 0:43:08.560
<v Speaker 1>this narrative is the reason the defense emerged victorious, not

0:43:08.600 --> 0:43:12.839
<v Speaker 1>necessarily because of this particular narrative's virtues, but because they

0:43:12.960 --> 0:43:17.480
<v Speaker 1>had a narrative at all. In Tombstone, Lubert writes, the

0:43:17.520 --> 0:43:21.600
<v Speaker 1>prosecutors lost primarily because they failed to present a coherent

0:43:21.719 --> 0:43:26.239
<v Speaker 1>theory of their case. The prosecution presented many ideas that

0:43:26.320 --> 0:43:28.719
<v Speaker 1>the IRPs had acted out of anger, that it was

0:43:28.760 --> 0:43:32.800
<v Speaker 1>an attempted assassination, and so on, but their theories often

0:43:32.840 --> 0:43:37.120
<v Speaker 1>contradicted each other and never came together. That's a problem

0:43:37.200 --> 0:43:41.360
<v Speaker 1>in a trial which is, ultimately, in Lubet's words, quote,

0:43:41.680 --> 0:43:45.200
<v Speaker 1>a contest of ideas in which each side tries to

0:43:45.239 --> 0:43:50.160
<v Speaker 1>present a comprehensive reconstruction of past events, combining facts and

0:43:50.280 --> 0:43:53.200
<v Speaker 1>law in a way that leads to a logical result.

0:43:54.239 --> 0:43:57.680
<v Speaker 1>Judge Speiser's decision had not entirely let the ERPs and

0:43:57.719 --> 0:44:02.000
<v Speaker 1>Holiday off the hook. He chast Virgil for enlisting Wyat

0:44:02.000 --> 0:44:04.880
<v Speaker 1>and Doc to help disarm the cowboys, saying that in

0:44:05.000 --> 0:44:08.000
<v Speaker 1>light of Doc and Wyatt's contentious history with Eyke Clinton,

0:44:08.560 --> 0:44:13.240
<v Speaker 1>bringing them along was a quote injudicious and censurable act.

0:44:13.840 --> 0:44:17.640
<v Speaker 1>He also left a thread dangling for future cases, acknowledging

0:44:17.640 --> 0:44:20.400
<v Speaker 1>that the grand jury could still consider the charges if

0:44:20.440 --> 0:44:24.880
<v Speaker 1>they wished. Ultimately, though the grand jury declined to pursue

0:44:24.880 --> 0:44:28.640
<v Speaker 1>the case, this was certainly a relief for the ERPs

0:44:28.680 --> 0:44:33.160
<v Speaker 1>and Doc Holiday, but not everyone was pleased. Clara Brown,

0:44:33.280 --> 0:44:37.560
<v Speaker 1>a Tombstone resident, wrote, quote, there being two strong parties

0:44:37.560 --> 0:44:40.920
<v Speaker 1>in the camp, of course this verdict is satisfactory to

0:44:41.040 --> 0:44:44.279
<v Speaker 1>but one of them. The other accepts it with a

0:44:44.560 --> 0:44:49.040
<v Speaker 1>very bad grace. And a smoldering fire exists which is

0:44:49.160 --> 0:44:53.120
<v Speaker 1>liable to burst forth at some unexpected moment. If the

0:44:53.239 --> 0:44:56.240
<v Speaker 1>ERPs were not men of great courage, they would hardly

0:44:56.360 --> 0:45:00.920
<v Speaker 1>dare remain in Tombstone. It did not take long for

0:45:01.000 --> 0:45:04.440
<v Speaker 1>that fire to burst forth. Late on the night of

0:45:04.480 --> 0:45:07.480
<v Speaker 1>December twenty eighth, less than a month after the hearing,

0:45:07.800 --> 0:45:12.520
<v Speaker 1>Virgil Irp was attacked in the streets and shot twice. Miraculously,

0:45:12.640 --> 0:45:16.280
<v Speaker 1>the shotgun blasts did not kill him, but they ravaged

0:45:16.280 --> 0:45:18.799
<v Speaker 1>his left arm, which he would never be able to

0:45:18.920 --> 0:45:23.200
<v Speaker 1>use again. Like Clanton's hat was found at the site

0:45:23.280 --> 0:45:27.040
<v Speaker 1>of the ambush. Some people also suspected that Will mclowry

0:45:27.160 --> 0:45:30.920
<v Speaker 1>was involved, but he was already back in Texas, heartbroken

0:45:31.000 --> 0:45:34.760
<v Speaker 1>by the hearing's outcome. The morning after the attack on Virgil,

0:45:35.080 --> 0:45:40.080
<v Speaker 1>Wyatt telegraphed Arizona's Federal Marshall Crawley Dake, and asked Dake

0:45:40.160 --> 0:45:42.480
<v Speaker 1>to make him a US Marshal and give him the

0:45:42.520 --> 0:45:47.920
<v Speaker 1>power to appoint deputies. Local authorities are doing nothing, Wyatt wrote,

0:45:48.200 --> 0:45:52.400
<v Speaker 1>the lives of other citizens are threatened. Dake agreed and

0:45:52.560 --> 0:45:56.840
<v Speaker 1>made Wyatt a Marshal four months earlier, on March eighteenth,

0:45:56.960 --> 0:46:00.320
<v Speaker 1>eighteen eighty two, as Morgan and Wyatt EARP were playing

0:46:00.360 --> 0:46:04.879
<v Speaker 1>billiards at Campbell and Hatch's saloon, two gunshots ripped through

0:46:04.920 --> 0:46:08.800
<v Speaker 1>the window. One bullet skimmed over Wyatt's head and embedded

0:46:08.800 --> 0:46:12.880
<v Speaker 1>harmlessly in the wall, but the second bullet hit true,

0:46:13.560 --> 0:46:18.160
<v Speaker 1>slicing through Morgan Rp's spine. Morgan fell to the ground

0:46:18.719 --> 0:46:22.319
<v Speaker 1>and never stood again. He lived for an hour more

0:46:22.760 --> 0:46:25.239
<v Speaker 1>as Virgil and Wyatt did their best to make their

0:46:25.239 --> 0:46:28.759
<v Speaker 1>little brother comfortable. At one point, they tried to help

0:46:28.800 --> 0:46:33.200
<v Speaker 1>Morgan up. Don't boys, don't, I can't stand it, Morgan said,

0:46:33.800 --> 0:46:38.240
<v Speaker 1>I have played my last game of pool. Shortly before midnight,

0:46:38.560 --> 0:46:44.920
<v Speaker 1>Morgan IRP died, aged thirty. Virgil and his wife left

0:46:44.960 --> 0:46:49.040
<v Speaker 1>Tombstone to accompany Morgan's body on the train to Colton, California,

0:46:49.440 --> 0:46:53.719
<v Speaker 1>where Morgan's wife and the IRP parents lived. A coroner's

0:46:53.800 --> 0:46:57.879
<v Speaker 1>jury investigated Morgan's death and identified a number of suspects,

0:46:58.280 --> 0:47:02.480
<v Speaker 1>but Wyatt EARP was not interested in a courts justice.

0:47:03.120 --> 0:47:06.759
<v Speaker 1>He raised a posse, using his martial status to deputize

0:47:06.760 --> 0:47:11.360
<v Speaker 1>eleven men, including his brother Warren and Doc Holiday, between

0:47:11.480 --> 0:47:14.959
<v Speaker 1>March twentieth and March twenty fourth. In what would come

0:47:15.040 --> 0:47:18.600
<v Speaker 1>to be known as the ERP Vendetta Ride, the posse

0:47:19.000 --> 0:47:25.080
<v Speaker 1>killed three cowboy affiliates, Frank Stillwell, Florentino Indian Charlie Cruz

0:47:25.560 --> 0:47:29.919
<v Speaker 1>and Curly Bill Brocious. This time there was no ambiguity

0:47:29.960 --> 0:47:34.000
<v Speaker 1>about Wyatt Rp's actions, though Wyatt would claim he'd been

0:47:34.000 --> 0:47:37.640
<v Speaker 1>within his rights as U S Marshal. This was murder,

0:47:37.960 --> 0:47:41.840
<v Speaker 1>plain and simple. Johnny Behan formed a posse of his

0:47:41.920 --> 0:47:45.200
<v Speaker 1>own to chase down Wyatt and his compatriots, but they fled.

0:47:45.960 --> 0:47:49.360
<v Speaker 1>Wyatt and Doc ended up in Colorado, and the governor

0:47:49.360 --> 0:47:54.960
<v Speaker 1>there denied Arizona's extradition requests, but death still stalked the

0:47:55.040 --> 0:47:59.560
<v Speaker 1>men of Tombstone. The first to go was Judge Wells Spicer.

0:48:00.120 --> 0:48:03.560
<v Speaker 1>After the hearing, he'd received death threats, but nothing came

0:48:03.600 --> 0:48:06.120
<v Speaker 1>of them. He did not run for the Justice of

0:48:06.160 --> 0:48:09.919
<v Speaker 1>Peace position again and turned to prospecting. When a mine

0:48:09.960 --> 0:48:13.400
<v Speaker 1>he'd invested heavily in failed in early eighteen eighty seven,

0:48:14.000 --> 0:48:17.640
<v Speaker 1>the now fifty six year old Spicer disappeared. It is

0:48:17.719 --> 0:48:21.879
<v Speaker 1>thought that he wandered into the desert to die. Six

0:48:21.920 --> 0:48:25.000
<v Speaker 1>months later, Ike Clanton ran into a detective who was

0:48:25.040 --> 0:48:30.160
<v Speaker 1>investigating him in association with cattle wrestling and murder. Ever, reactive,

0:48:30.280 --> 0:48:35.520
<v Speaker 1>Ike drew his gun, but the detective shot first. Ike

0:48:35.560 --> 0:48:40.440
<v Speaker 1>Clanton died on June first, eighteen eighty seven, aged thirty nine.

0:48:40.600 --> 0:48:44.799
<v Speaker 1>Doc Holiday was next. The tuberculosis that had driven him

0:48:44.800 --> 0:48:48.520
<v Speaker 1>west in search of better air ate steadily away at him.

0:48:48.680 --> 0:48:53.200
<v Speaker 1>His illness, however, didn't stop him from drinking, gambling, or shooting.

0:48:53.719 --> 0:48:56.760
<v Speaker 1>In eighteen eighty four, Doc shot a man named Billy

0:48:56.840 --> 0:49:01.040
<v Speaker 1>Allen in Leadville, Colorado, over a five dollars day Holiday owed.

0:49:01.719 --> 0:49:06.920
<v Speaker 1>Alan miraculously survived and Holiday miraculously got away with claiming

0:49:06.960 --> 0:49:10.799
<v Speaker 1>self defense at trial, though Alan had been unarmed and

0:49:10.920 --> 0:49:15.320
<v Speaker 1>Holiday had essentially ambushed him. Despite a talent for escaping

0:49:15.360 --> 0:49:19.600
<v Speaker 1>from the law, Holiday could not escape his illness. Tuberculosis

0:49:19.680 --> 0:49:22.960
<v Speaker 1>killed the thirty six year old Doc Holiday on November eighth,

0:49:23.120 --> 0:49:27.960
<v Speaker 1>eighteen eighty seven. Virgil Irp stayed in California after delivering

0:49:27.960 --> 0:49:31.080
<v Speaker 1>Morgan's body. He spent the rest of his life moving

0:49:31.120 --> 0:49:34.400
<v Speaker 1>from job to job, just as he always had, including

0:49:34.480 --> 0:49:39.920
<v Speaker 1>stints in law enforcement, mining, and saloon operation. On October nineteenth,

0:49:40.160 --> 0:49:44.759
<v Speaker 1>nineteen oh five, Virgil Irp died, aged sixty two, from pneumonia.

0:49:45.760 --> 0:49:50.000
<v Speaker 1>Johnny Behan left Tombstone in eighteen eighty six. He would

0:49:50.080 --> 0:49:52.640
<v Speaker 1>go on to hold a variety of other law enforcement

0:49:52.800 --> 0:49:56.840
<v Speaker 1>and government positions, but usually left them under a dark cloud.

0:49:57.239 --> 0:50:01.799
<v Speaker 1>Accused of embezzling money or other misconduct. Be Hand died

0:50:01.840 --> 0:50:06.600
<v Speaker 1>in Tucson on June seventh, nineteen twelve, aged sixty seven.

0:50:07.560 --> 0:50:10.200
<v Speaker 1>Virgil was the leader of the IRPs on that fateful

0:50:10.280 --> 0:50:13.440
<v Speaker 1>day in Tombstone, but it is Wyatt whose name is

0:50:13.480 --> 0:50:17.759
<v Speaker 1>best remembered. This is probably because Wyatt lived the longest

0:50:18.200 --> 0:50:21.520
<v Speaker 1>and had a best selling biography written about him. Wyatt

0:50:21.520 --> 0:50:25.640
<v Speaker 1>married Josephine Marcus, Johnny b Han's former fiancee, in eighteen

0:50:25.719 --> 0:50:30.160
<v Speaker 1>eighty eight. The two stayed together until his death. Like Virgil,

0:50:30.280 --> 0:50:33.160
<v Speaker 1>he worked a variety of jobs across the West before

0:50:33.160 --> 0:50:37.520
<v Speaker 1>eventually settling down in Los Angeles. There he befriended many

0:50:37.600 --> 0:50:42.040
<v Speaker 1>early Hollywood cowboy actors and even consulted on several westerns.

0:50:42.680 --> 0:50:47.880
<v Speaker 1>Wyatt Erp died on January thirteenth, nineteen twenty nine, aged eighty.

0:50:48.680 --> 0:50:52.759
<v Speaker 1>Two years before his death, Wyatt's eventual biographer, Stuart Lake,

0:50:53.280 --> 0:50:56.400
<v Speaker 1>asked Wyatt about the gunfight. For my handling of the

0:50:56.440 --> 0:51:00.960
<v Speaker 1>situation at Tombstone, I have no regrets Wyatt's. If the

0:51:00.960 --> 0:51:04.120
<v Speaker 1>outlaws and their friends and allies imagined that they could

0:51:04.160 --> 0:51:07.560
<v Speaker 1>intimidate or exterminate the IRPs by a process of murder

0:51:07.880 --> 0:51:11.560
<v Speaker 1>and then hide behind alibis and the technicalities of the law,

0:51:12.040 --> 0:51:16.480
<v Speaker 1>they simply missed their guests. But were the cowboys really

0:51:16.560 --> 0:51:20.080
<v Speaker 1>the ones who benefited most from the technicalities of the law.

0:51:20.760 --> 0:51:24.200
<v Speaker 1>In the Tombstone hearing, no lawyer more ably exploited the

0:51:24.239 --> 0:51:28.080
<v Speaker 1>law than defense counsel Tom Fitch. He used an outdated

0:51:28.239 --> 0:51:32.080
<v Speaker 1>but still active provision and Arizona law to allow Wyatt

0:51:32.080 --> 0:51:37.000
<v Speaker 1>Earp to present a meticulously crafted statement and avoid cross examination.

0:51:38.000 --> 0:51:40.880
<v Speaker 1>Fitch realized that Judge Spicer was more likely to be

0:51:40.920 --> 0:51:44.160
<v Speaker 1>sympathetic to his clients than a grand or trial jury,

0:51:44.600 --> 0:51:48.040
<v Speaker 1>and subsequently presented a thorough trial case at what was

0:51:48.120 --> 0:51:51.720
<v Speaker 1>really just a preliminary hearing. It's not hard to imagine

0:51:51.760 --> 0:51:54.440
<v Speaker 1>a scenario in which the Earths and Holiday were convicted

0:51:54.480 --> 0:51:59.040
<v Speaker 1>of involuntary manslaughter. Arizona law at the time defined involuntary

0:51:59.040 --> 0:52:03.120
<v Speaker 1>manslaughter as an unlawful killing committed either during an unlawful

0:52:03.160 --> 0:52:08.640
<v Speaker 1>act or quote during a lawful act, without due caution

0:52:09.000 --> 0:52:13.759
<v Speaker 1>or circumspection. Did Virgil Irp show due caution when he

0:52:13.920 --> 0:52:16.759
<v Speaker 1>brought Wyatt and Doc, who had been fighting with the

0:52:16.800 --> 0:52:20.920
<v Speaker 1>Clintons and mclowry's all day to try to disarm the cowboys?

0:52:21.760 --> 0:52:26.799
<v Speaker 1>Was giving Doc Holiday a shotgun an especially circumspect move.

0:52:27.960 --> 0:52:31.040
<v Speaker 1>Whatever the answer to those questions, none of them would

0:52:31.120 --> 0:52:34.359
<v Speaker 1>ever be explored in a jury trial thanks to Tom

0:52:34.400 --> 0:52:38.600
<v Speaker 1>Fitch's clever lawyering, Thanks most of all to the power

0:52:38.719 --> 0:52:42.640
<v Speaker 1>of the story he told. Though the Tombstone Hearing has

0:52:42.719 --> 0:52:46.479
<v Speaker 1>largely faded from memory, the narrative of law men verse

0:52:46.600 --> 0:52:49.799
<v Speaker 1>outlaw that the defense crafted at the hearing is one

0:52:49.840 --> 0:52:53.520
<v Speaker 1>that has been repeated over and over again in books

0:52:53.600 --> 0:52:58.080
<v Speaker 1>and TV shows and movies, And despite at first glance

0:52:58.280 --> 0:53:01.520
<v Speaker 1>seeming to be about good versus evil, it's really a

0:53:01.640 --> 0:53:07.080
<v Speaker 1>narrative where the distance between lawmen and outlaw is much

0:53:07.120 --> 0:53:11.560
<v Speaker 1>shorter than you'd think. That's the story of the r

0:53:11.719 --> 0:53:14.799
<v Speaker 1>Holiday case. Stay with me after the break for the

0:53:14.840 --> 0:53:20.840
<v Speaker 1>account of the time Wyatt Erp played judge to disastrous results.

0:53:22.600 --> 0:53:26.960
<v Speaker 1>Before Tombstone, before the Ok Corral, before any of it,

0:53:27.640 --> 0:53:32.160
<v Speaker 1>Wyatt Earp worked on the railroad in the late eighteen sixties.

0:53:32.239 --> 0:53:35.960
<v Speaker 1>Wyatt had helped build tracks for the Union Pacific. In

0:53:36.000 --> 0:53:39.080
<v Speaker 1>the railroad camps, men liked to put on boxing matches,

0:53:39.480 --> 0:53:42.640
<v Speaker 1>so Wyatt learned to box, which he was good enough at,

0:53:42.680 --> 0:53:45.719
<v Speaker 1>and then he learned to referee, which he was very

0:53:45.760 --> 0:53:50.440
<v Speaker 1>good at. He'd officiate matches and manage the money. Wyatt

0:53:50.480 --> 0:53:54.000
<v Speaker 1>was a skilled referee, but officiating a casual boxing match

0:53:54.000 --> 0:53:57.160
<v Speaker 1>in a railroad camp in Wyoming is very different than

0:53:57.200 --> 0:54:01.040
<v Speaker 1>officiating the heavyweight title match in front of thousands in

0:54:01.080 --> 0:54:05.600
<v Speaker 1>San Francisco. That's why when organizers asked Wyatt to officiate

0:54:05.600 --> 0:54:09.600
<v Speaker 1>the fight between Tom Sharky and Bob Fitzsimmons, he hesitated.

0:54:10.239 --> 0:54:13.480
<v Speaker 1>The fight would be conducted under the Marquess of Queensbury rules,

0:54:13.920 --> 0:54:17.160
<v Speaker 1>which Whyatt wasn't sure he was familiar enough with. It

0:54:17.239 --> 0:54:20.319
<v Speaker 1>was eighteen ninety six and Wyatt, now forty eight, was

0:54:20.400 --> 0:54:24.600
<v Speaker 1>managing race horses and deeply in debt. He hadn't been

0:54:24.640 --> 0:54:27.440
<v Speaker 1>official's first choice, but it was now the day of

0:54:27.480 --> 0:54:31.600
<v Speaker 1>the fight, December twod and Sharky and Fitzimmons teams hadn't

0:54:31.640 --> 0:54:35.759
<v Speaker 1>been able to agree on anyone else. Whyatt's name came up,

0:54:36.000 --> 0:54:39.720
<v Speaker 1>perhaps thanks to a journalist. With the fight only hours

0:54:39.760 --> 0:54:44.560
<v Speaker 1>away and ten thousand tickets sold, the organizers pushed Wyatt

0:54:44.560 --> 0:54:51.000
<v Speaker 1>to accept. Eventually he said yes. Unfortunately, Wyatt's inexperience would

0:54:51.040 --> 0:54:55.160
<v Speaker 1>have dire consequences. Things got off to a shaky start

0:54:55.200 --> 0:54:58.640
<v Speaker 1>even before the opening bell, when Wyatt entered the ring

0:54:58.760 --> 0:55:03.280
<v Speaker 1>with a pistol under his jacket. Classic Wyat officials quickly

0:55:03.280 --> 0:55:08.160
<v Speaker 1>confiscated the gun, but after that things settled down. Fitsimmons,

0:55:08.320 --> 0:55:11.480
<v Speaker 1>a quick, shrewd boxer, seemed to have an edge over

0:55:11.520 --> 0:55:16.000
<v Speaker 1>the stronger but slower Sharky. No surprise there, Fitzsimmons was

0:55:16.040 --> 0:55:19.600
<v Speaker 1>the favorite. In the eighth round, Fitzimmons delivered a hard

0:55:19.680 --> 0:55:23.839
<v Speaker 1>uppercut to Sharky's chest, sending Sharky to the ground. For

0:55:23.880 --> 0:55:26.640
<v Speaker 1>a moment, it seemed that Fitzimmons had knocked Sharky out,

0:55:27.160 --> 0:55:30.360
<v Speaker 1>but then Sharky began holding his groin and crying that

0:55:30.440 --> 0:55:33.160
<v Speaker 1>he'd been hit below the belt. Wyatt ran over to

0:55:33.200 --> 0:55:37.280
<v Speaker 1>Sharky and examined him, then called a foul and declared

0:55:37.320 --> 0:55:41.480
<v Speaker 1>Sharki the winner of the match. Perhaps anticipating the controversy

0:55:41.480 --> 0:55:45.800
<v Speaker 1>of this call, Wyat then made a fast exit. Allegations

0:55:45.880 --> 0:55:50.160
<v Speaker 1>immediately followed that the match had been fixed. Fitzsimmons and

0:55:50.200 --> 0:55:53.080
<v Speaker 1>his manager filed charges claiming that there had been a

0:55:53.120 --> 0:55:58.200
<v Speaker 1>conspiracy between Sharky's team and Wyatt. After two weeks of testimony,

0:55:58.280 --> 0:56:01.120
<v Speaker 1>the court dismissed the case, saying that the boxing match

0:56:01.200 --> 0:56:03.680
<v Speaker 1>was illegal and thus not something they would rule on.

0:56:04.360 --> 0:56:07.120
<v Speaker 1>There is no concrete evidence that Wyatt was involved in

0:56:07.200 --> 0:56:10.160
<v Speaker 1>any fix, but the match would haunt him for the

0:56:10.200 --> 0:56:13.440
<v Speaker 1>rest of his life. To most Americans in the early

0:56:13.520 --> 0:56:17.200
<v Speaker 1>twentieth century, Wyatt Earth was better known as the man

0:56:17.280 --> 0:56:20.719
<v Speaker 1>who had cost Bob Fitzimmons his title than as the

0:56:20.840 --> 0:56:26.000
<v Speaker 1>man who'd cost multiple men their lives. Thank you for

0:56:26.080 --> 0:56:29.120
<v Speaker 1>listening to History on Trial. If you enjoyed this episode,

0:56:29.160 --> 0:56:32.120
<v Speaker 1>please consider leaving a rating or review. It can help

0:56:32.160 --> 0:56:35.200
<v Speaker 1>new listeners find the show. To see images of the

0:56:35.200 --> 0:56:39.000
<v Speaker 1>people and places in this episode, check out our instagram

0:56:39.040 --> 0:56:42.720
<v Speaker 1>at History on Trial. My main sources for this episode

0:56:42.760 --> 0:56:46.680
<v Speaker 1>were Stephen Lubet's book Murder in Tombstone, The Forgotten Trial

0:56:46.760 --> 0:56:50.200
<v Speaker 1>of Wyatt Earth, and transcripts from the hearing published on

0:56:50.280 --> 0:56:54.880
<v Speaker 1>Douglas O. Linder's Wonderful Famous Trials website hosted by the

0:56:54.960 --> 0:56:58.319
<v Speaker 1>University of Missouri Kansas City School of Law. For a

0:56:58.320 --> 0:57:01.120
<v Speaker 1>full bibliography, as well as a transcript of this episode

0:57:01.160 --> 0:57:05.960
<v Speaker 1>with citations, please visit our website History on Trial podcast

0:57:06.360 --> 0:57:11.719
<v Speaker 1>dot com. History on Trial is written and hosted by

0:57:11.760 --> 0:57:15.560
<v Speaker 1>me Mira Hayward. The show is edited and produced by

0:57:15.640 --> 0:57:19.960
<v Speaker 1>Jesse Funk, with supervising producer Trevor Young and executive producers

0:57:20.080 --> 0:57:25.560
<v Speaker 1>Dana Schwartz, Alexander Williams, Matt Frederick, and Mira Hayward. Learn

0:57:25.600 --> 0:57:29.040
<v Speaker 1>more about the show at History on Trial. Podcast dot

0:57:29.080 --> 0:57:32.920
<v Speaker 1>com and follow us on Instagram at History on Trial

0:57:33.320 --> 0:57:38.160
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