November 10, 1881
THE EARPS' EXAMINATION
Continuation of Testimony for the Prosecution
The examination if the witnesses yesterday was very much retarded by the discussion of various legal points in the case. The following witnesses testified for the prosecution:
I reside in Tombstone, and my occupation is that of a saloon keeper; was in Tombstone on the 26th day of October last.
Q. Were any arms delivered to you on that day, and if so, by whom?
A. There was no party interested in this case that delivered me any arms. I think I did recieve arms from some party in the morning; I did recieve arms but can't say who from; a pistol was handed me, in my barroom, by some
one and I put it behind the counter.
Q. Who attended bar for you on that day?
A. On that day I attended bar from 6 a.m. to 12 m.; at that time, the 26th, Mr. Ike Hopkins atended the bar after 12m; Iwent on at 5 o'clock in the afternoon.
Q. Did you see any arms behind the bar belonging to other persons then?
A. I did; there was a few Winchester rifles and a pistol; saw those arms there right after the shooting; heard the shooting going on at the time I saw the arms; I picked up a new pistol in the bar, the Winchester rifle was there then.
Q. Whose property were they, if you know, and by whom they were claimed, and to who given, if given to any one?
A. The rifle and pistol belonged to Ike Clanton, and I delivered the rifle to Mr. Magee, the policeman.
Q. About what time of day did you hear that shooting?
A. It was about the middle of the afternoon.
Q. When you went off at noon were the arms you described at your place?
A. The rifle was then behind the front door.
Ike Clanton being sworn, says:
My name is Joseph I. Clanton; reside four miles above Charleston, on the river; my occupation consists of a cattle and stock dealer.
Q. Where ere you on the 26th of October, 1881?
A. I was here in Tombstone.
Q. Do you know Virgil, Morgan and Wyatt Earp and J.H. Holliady?
A. I do.
Q. Did you know Tom and Frank McLowry and Billy Clanton.
Q. Are the three
LAST-NAMED LIVING OR DEAD?
A. They are dead; they died on the 26th of October,1881, on Fremont street, between Third and Fourth, in Tombstone, Cochise county, Arizona.
Q. Did they die in a natural death?
A. They died a violent death, they were killed.
Q. Were you present at the time they were killed?
A. I was.
Q. Who else was present that you saw?
A. Holliday, Morg, Virg and Wyatt Earp. John Behan, the Sheriff, and William Claibourne; these are all I remember of seeing right there at the time of the killing.
Q. Who was engaged in the killing?
A. Wyatt, Morg, Virg Earp and Doc Holliday.
Q. Begin at the commencement of the difficulty and tell all you know about it?
A. Myself and the Mclowry brothers and Wm. Clanton, and a young fellow named William Claibourne were standing in a vacant lot on Fremont street, between Fly's building and the one next west of Fly's talking; Sheriff Behan came down and said he would have to arrest us.
[Defense here moves that the witness be instructed not to detail any conversations without the hearing of the defendants].
He said he would have to arrest and disarm us; I asked Behan what for? He told me to preserve the peace. I told him I had no arms; then William Clanton told him he was just leaving town; the sheriff said if you are leving town all right. he then told Tom and Frank McLowry he would have to take their arms; Tom McLowry told him that he had none; Frank said he was going out of town and did not want to give his arms up, while the party that hit his brother were still armed; the sheriff told him that he should do it; and to take his arms up to the Sheriff's office and take them off; then he (Frank) said he had business in town that he would like to attend to, and would not lay off his arms and attend to the business, but that he would leave town if the Earps were not disarmed; the Sheriff put his arms around me to see if I was armed; Tom McLowry said to him, I am not armed, and opened his coat this way (showing, each hand on lappel and coat thrown wide open); the Sheriff then walked up Fremont street and ordered us to stay there until he came back.
[Defense moves that the entire conversation between the parties and the Sheriff be stricken out, on the ground that it forms no part of the "regester," that it was not uttered, and did not transpire in the presence or hearing of the defendants].
Till one o'clock to consider the question raised by counsel.
[On re-assembling, the Court said he had reviewed the authorities, and under them he felt bound to sustain the motion so dfar as the conversation is concerned. But, as to any acts proven aside from the conversation, the Court would not strike it out.]
The sheriff looked up Fremont street and started up that way; just as Behan started up the Earps and Holliday appeared on the sidewalk.
Q. When the sheriff started up the street from where the Clantons and Mclowrys were standing, what did you do? Did you remain there, and if so, why?
[Objected to by defendants' counsel.]
A. We all remained there because the sheriff had ordered us to.
[Defendants objects to answer.]
Q. When Mr. Behan went up the street who did he meet, and what did he say to them?
A. He met Virgil Earp,