November 6, 1881
THE EARP EXAMINTATION Continuation of testimony for the prosecution
Less testimony was taken and conseqently less progress made yesterday, then any day since the commencement of the examination. Upon the Court convening J. Kehoe, being introduced by the prosecution, testified as follows.
My name is James Kehoe; I reside in Tombstone, Arizona on Fremont street; I am in the butcher business; I was in Tombstone on or about the 25th of October, 1881; I saw some of the difficulty between Holliday and the Earps and the Clantons and McLowrys; on the 26th of last month I had some business to transact with Tom McLowry; he came to my market in the afternoon, which is on Fremont street, between Third and Fourth; there was a little misunderstanding between him and me about some money we owed them; Frank was in debt to our firm and we owed some money to Tom; I was standing at the door of our market talking to Frank and Tom; Sheriff Behan came up to the McLowrys and said, "Frank, want you to give up your arms." Frank said, "Johnny, as long as the people in Tombstone act so, I will not give up my arms." (Conversation objected to by defendants' counsel)
The Sheriff told him that he would take him to the sheriff's office and take off his arms; Frank said, "you need not take me, I will go;" the sheriff said, "well come on!" They walked down Fremont street towards Thirds street; they stopped near Mr. Fly's house and a little west of it; I heard someone remark,
"HERE ARE THE EARP BOYS COMING"
I looked up towards Fourth street and saw the Earp brothers and Doc Holliday coming from fourth street towards Third street; they passed me-the Earps and Holliday; I see Sheriff Behan walking towards them, leaving the Clanton party; the sheriff said, "You are an officer" or "I am an officer;" I could not say which; to which, if they made any reply I did not hear it. The Earp party passed by the sheriff and walked up to the Clanton party. In less than a minute I heard two shots in quick succession, and I saw Frank McLowry out on the street and drawing his pistol, and Mr. Holliday going out on the street from the sidewalk near the vacant space between Fly's and the house west of Fly's. Holliday had a shotgun or long rifle in his hand. By this time the shooting was general. Frank McLowry had a horse-was leading him. He had a horse from the time he was at the market until I saw him let go of the horse and stagger and fall; during the fight I see one man fall at the corner of the house west of Fly's; did not know at the time who he was; there were two shots, possibly three or four before I saw Frank McLowry going across the street drawing his pistol; through the whole engagement Frank McLowry seemed to stagger and shoot wild and dizzy; I could not tell how many shots were fired, but there were a good many; before I saw the man fall at the corner of the house west of Fly's I saw Frank McLowry at my shop as I have just said; to all appearances he was not armed when at my shop; there was nothing to sow he was armed, nothing in sight;Tom McLowry had on a blouse of dark blue color and light material, dark pants and dark vest; the lenght of his blouse was down about the length of his arms; it was outside his pants.
NO CROSS-EXAMINATION Andy Mehan sworn:
Am in the saloon business.
Q. Did you know Tom McLowry in his lifetime?
A. Yes, sir.
Q. Whose pistol is that in which you brought in Court?
A. It was left with me by Tom McLowry
Q. When did he leave it with you?
A. On the 26th of October, 1881.
Q. About what time in the day did he leave it with you?
A. Between 1 and 2 o'clock.
Q. Where has it been since the time he left it with you until you brought into Court?
A. In my safe in the saloon.
Q. Is it in the same condition now when you produced it in Court as when given to you?
A. Yes, sir.
[Pistol now handed witness, identifies it, and say all chambers are loaded.]
Q. How long have you known Thomas McLowry before his death?
A. About four months.
Q. I'll ask you if during the four months you have known him, you have seen that pistol before until it was given to you by him?
A. I have not.
Q. I'll ask you sir, if Thomas McLowry left with you any arms prior to the time of leaving the pistol now in court, with you?
A. I think that he has, could not swear positively; some boys have.
[The pistol now given back to witness with instruction to retain it unti further notice].
The Examination- Reported November 8, 1881