November 4, 1881
The attention of the court was occupied yesterday in taking the testimony of Sheriff Behan, which was conitnued from Wednesday and will not be completed until today.
I could not tell exactly where Ike was going, he was trying to get out of the way; I saw him at the corner of Fly's and he ran from them; never saw him after he passed the corner of the gallery; I saw a shotgun before the fight commenced, Doc Holliday had it as he passed down the street; he had it under his coat; when I walked up to the street to meet him he pulled his coat further over the gun; did not see the gun go off, but I knew afterwards that the shotgun had been fired; did not destinguish the shotgun report; did not see the gun after the fight commenced; don't know what became of the gun afterwards; saw the bodies of the boys after the shooting; Clanton was not then dead; I said nothing to Clanton; heard him say when removed to the house, "get away from me and let me die;" I saw him lying on the side of the street and saw him shoot once while lying down; there was quite a number in the room where Clanton was carried, but I can't say who; saw Dr. Gilberson, I remember in the crowd around; Dr. Gilberson said, "there is no use in giving him anything, he is dying;" I was not in the house when Billy Clanton died; he was gasping when I left; Tom McLowry and Billy Clanton were carried into the same house; Billy Clanton's feet were towards the door; don't remember the position of Tom McLowry.
I was in town the entire day of the 26th; I was out about half an hour knew the night before that there had been some trouble between Doc Holliday and Ike Clanton; my recollection is that in the barber shop was the first place I recieved information of the threatened difficulty; about 2:30 or 3;oo o'clock in the morning I heard of the difficulty between Ike Clanton on that day. I had not before this time heard of a difficulty between Virgil Earp and Ike Clanton on that day; I had not before this time heard of a difficulty between Wyatt Earp and Tom McLowry in the neighborhood of Wallace's office; heard of this first in the barber shop, was in Hafford's saloon some ten or fifteen minutes before the fight; crossed Allen street with Mr. Shibbel; don't remember whether I saw Virg Earp there or not; I may have said to Virg Earp we are going to take a drink, will you join us, I don't remember; don't remember seeing Captain Murray come in while we were drinking and call Virg Earp to the other end of the counter; don't remeber when virg Earp came back from Captain Murray that I said to him "what does that s-- of a b-- of a stranger want?" am satisfied I used no such words; I am friendly with Murray, and no such words passed my lips; don't remeber I asked Virg Earp what he was going to do; Virg Earp did not say to me "I am going to disarm them;" I did not reply to that remark, "don't undertake to do that or they will kill you, they were just down in the corral having a good talk against you and threatening your life,"
No such conversation ever happened; I had not been down in my cooral at the time you speak of; did not say to Virg Earp, "the will not hurt me, I will go down and disarm them;" after I was shaved I said to Virg Earp I would go down and disarm them; did not say to Chas. Shibbel anywhere in the city of Tombstone that "it was a dead squate fight" and I could not tell who fired the first shot; I made no such remark to Wyatt Earp after the fiight, at the corner of Fourth and Fremont streets, on the day of the fight; have contributed nothing and have promised to contribute noting, not one cent, to the prosecution of the case; Wyatt Earp and I were applicants for the position of Sheriff, before Governor Fremont, at least I was and I heard that Wyatt Earp was; when I became satisfied that I would get the appointment I went to Mr. Earp and told him that I knew I would get the appointmant and I would like to have him in the office with me; also told him that I did not want him to cease his efforts to get it if he could; told him I was sure that I would get the appointment, and if I did would take him in with me, that in case he got the office I did not want anything to do with it; he said it was very kind of me; I said let this talk make no differance in your efforts to get the appointment; something afterwards transpired, and I did not employ him in the office.
Up to the time of the difficulty under consideration I have not regarded Wyatt Earp as an applicant for the office of Sheriff; after the fight was over, perhaps four or five minutes, I left the place of battle and came up Fremont street near Hafford's; met Wyatt Earp at the corner of Fourth and Fremont; we had some little conversation; I was in the hall between Fly's lodging house and the photograph gallery a few minutes, or seconds I guess it was; remember say at that time to Mr. Fly or some one that I had seen it all, and while he was trying to put someone out of the house; I told him to let him stay in, as he might get killed; I put the young man in a back room and left him there; I do not remeber telling Fly or anyone there taht I was about the only witness that had seen the fight.
After I followed the Earps down to the scene of the fight I did not hold the same position til the fight was over; I circulated around them pretty livly.
Q. When you heard the expression, "throw up your hands," etc., locate on this diagram your position at that time?
(Diagram produced and marked exhibit A)
A. The following positions given: No 1. Frank McLowry; No. 2 Billy Clanton; No. 3 Tom McLowry; No. 4 Ike Clanton.
(Claibourne was standing back)
I can't exactly say where No. 1, 2, 3, and 4, were not standing in as straight a row as the figures on the diagram. (Witness here corrects the positions). After the expression "You s-s of b-s," etc. and "throw your hands up," the firing commenced immediatly; there was not more than a second between the expression "throw up your hands"
The Examination- Reported November 5, 1881