November 9, 1881
THE EARPS' EXAMINATION Continuation of Testimony for the Prosecution
The prosecution intruduced William Claiborne, who, after being sworn, testified as follows:
My nmae is William Claiborne; residence Hereford, Arizona, and drive wagons and buggies and work in the smelting mills; i was in Tombstone on the 26th of October, 1881; I am aquainted with J. H. Holliday, Morg Earp and Wyatt Earp, and I know Marshal Earp by sight; I knew in their life time Tom and Frank McLowry, and Billy Clanton; and I also know Ike Clanton; I saw a shooting on the 26th between, Morgan Earp, Virgil, and Wyatt Earp and Doc holliday on one side, and Frank McLowry and Billy Clanton on the other side; Frank and Billy were the only two on that side that did any shooting; I was present and saw the shooting; the day the shooting commenced I was standing there with Ike Clanton; Billy Clanton, Tom and Frank McLowry and John Behan; we were standing right between Fly's building on an vacant space between Fly's and the next house below it, in the city of Tombstone; I was talking with Billy Clanton, and Sheriff Behan was talking to Ike Clanton, Tom McLowry and Frank McLowry; Johnny Behan turned his back and walked up Fremont street; I then looked up the street and saw Virgil Earp, Morg Earp and Wyatt Earp and Doc Holliday coming down the street; Mr. Behan went up and met them; there was something said by Behan; I think it was hold on, boy don't go down there; I did not hear the Earps make any reply; they busted on by Behan and came on down the street just to the corner of Fly's building-to within ten or twelve feet to where the Clanton party and I where standing; when they got to the corner of Fly's building they had their sixshooters in their hands, and Marshal Earp says, "You s--s of b----s, you have been looking for a fight, and you can have it;
Marshal Earp says, "Throw up your hands;" Billy Clanton threw up his hands' Ike Clanton threw up his, Frank McLowry threw up his, and
THE SHOOTING COMMENCED
At this time Tom McLowry was standing holding open his coat by each side with his hands on the lappels and said, "I have nothing," or "I am disarmed;" the shooting commenced in an instant right then by Doc Holliday and Morg Earp; the two shots fired by Earp and Holliday were so close together that I could hardly destinguish them; I saw them shoot; Doc Holliday shot at Tom McLowry, and Morg Earp at Billy Clanton; when Doc Holliday fired Tom McLowry staggered backwards; Billy Clanton fell up against the corner of the house and laid himself down on the ground; Frank McLowry had hold of a horse about the corner at a post; Ike Clanton when I saw him was dodging and trying to get away; well, there were about six or eights shots fired by the Earp party in rapid succession; Billy Clanton was lying on the ground and drew his six-shooter, rested it across his arm and commenced firing; Frank, at that time, was out in the middle of the street with his six-shooter; I did not see Frank pull his pistol; I saw it in his hand; Frank did not have his six-shooter in his hand until after six or eight had been fired by the Earp party. He was about the middle of Fremont street when I first saw his pistol in his hand; after Billy and Tom were killed, Frank left the middle of the street and went across; He was not exactly running when he was shot the last time; but he was getting along pretty lively. He was going away from the Earp party at the time; saw him shortly he was dead; do not know how many times he had been shot; saw two wounds on him, one in the belly and one in the head; he was shot I think about the left nipple; saw no other weapon on him; did not notice any wounds on his hands or arms; Billy Clanton fell right against the corner of the window and slide down on the ground, Billy Clanton was standing close to the corner of the house; Morg Earp shoved his pistol close up to him and fired; Billy then fell as I have described; Billy was standing one corner and Morg at the other corner; Morg shoved his pistol
WITHIN ONE FOOT OF BILLY CLANTON'S BREAST
and fired; saw Billy fall up against the window.
Q. You say that Billy Clanton was standing at one corner of the house; now, do you mean they were standing at opposite corners of the house when Morg Earp shot Billy Clanton, or what do you mean?
A. (Her witness arises and explains how they were standing, and shows that the parties were near the same corner) Billy was on one side of the corner and Morg Earp was on the other side of the same corner, there were about three feet apart.
Q. What was Virgil Earp doing during the shooting?
A. He was shooting at first one and then another.
Q. Do you see him shoot?
Q. What was Doc Holliday doing after the first shots was fired?
A. He was shooting at Frank McLowry out in the street.
Q. What was Wyatt Earp doing all the time after the first shots were fired?
A. He was shooting.
Q. Can you tell who those shots fired by Wyatt Earp were aimed at that you saw?
A. At Frank McLowry.
Q. Did you or not at any time during the shooting see Tom McLowry with any weapons in his hands, and if so what kind?
A. I did not see any at all.
Q. Did you see Tom McLowry after the shooting had ceased, and if so, where did you first see him, and how soon after the shooting ceased?
A. I seen them bringing him in the house about four or five minutes after the shooting had ceased.
Q. Do you know who brought him into the house?
A. Do not.
Q. Did you see him after he was brought into the house, and if so, did you see any arms on him?
A. Saw him when he was brought into the house, and help put him into the wagon, and he had
NO ARMS ON HIM AT ALL.
Q. When you saw Tom McLowry in the house did you see any cartridge belt or any other belt about his person?
A. Did not.
Q. Where did you last see, during the shooting, Ike Clanton?
A. The last time I saw him he run into Fly' building. He run in the front door.
Q. Did you see him after that, during the shooting?
A. No, sir.
Q. Did you at any time during the shooting and prior to the time you saw Ike Clanton run into Fly's gallery, see any arms in his hands or about his person of any kind?
A. Did not see any of any kind.
Q. Do you or not know of your own knowledge where Ike Clanton's arms were before and at the time of the shooting?
A. Do not.
Q. Where you or not at Judge Wallace's court on Fourth street on the day of the shooting?
Q. Did you or not see the arms of Ike Clanton in the possesion of either Virgil, Wyatt or Morgan Earp on the day prior to the shooting?
A. No, sir, I did not.
Q. Do you know where the arms of Tom McLowry were before the shooting that day?
A. No, sir, I did not.
Q. Did you or not immediatly before or during the shooting see either of the McLowrys or Billy Clanton with a horse or horses?
A. Yes, sir, Frank McLowry and Billy Clanton had horses; when I first saw them they were on Fourth street in front of Brown's hotel the was one horse down at the place of the shooting; Frank McLowry had it there.
Q. Were there any arms that you saw on the horse at the time, and how they were fixed on if you saw any?
A. There was a Winchester rifle on the horse pushed down into the scabbard.
Q. Do you know what became of the horse during or just after the shooting?
A. Do not; I know he was in the middle of the street during the shooting; but can't say what afterwards became of him.
Q. Who had hold of the horse during the shooting?
A. Frank McLowry.
Q. State, if you know, when Frank McLowry seperated from that horse and where?
A. Well, it was in or near the middle of the street when he seperated from the horse; I guess there was probably
EIGHT OR TEN SHOTS FIRED
before he left his horse; Frank went straight across the street after leaving his horse.
Q. Where did you see him and what condition was he in soon after he left the horse?
A. On the opposite side of the street, with his hands on his belly (showing) this was during the shooting, and when I last saw him.
Q. Referring to the gun that you saw was on the horse, about the middle of the street, was it or not, drawn from the scabbard by Frank McLowry before he seperated from the horse?
A. It was not.
Q. How did you happen to be with the Clanton party just before and at the time of the shooting?
A. I met Billy Clanton and Frank McLowry on the street and was with them; had known them quite a while, i was with them for the simple reason that I knew them. I met them close to Brown's hotel on Fourth street; went to John Behan's corral with Billy Clanton; the we went through Benson's corral-the O.K.-we went from there to where the difficulty occurred.
Q. What object or motive did the boys have in going down there, if you know?
A. The McLowry boys had business at the butcher shop; the Clantons met them to get their horse and go out home.
[Defense moved to have the above answer struck out, as motive cannot be proven by this witness.] Objection overruled and exception taken.
Q. State to the court, if you know, whether the Clanton or McLowrys, or any of them, had ordered their horses?
A. Don't know.
Q. State whether or not you remained on the ground when the shooting occurred and during its entire continuance?
A. All, except to a couple of shots, as well as I can remeber.
Q. Did any of the bullets strike you at all?
A. One struck me on the knee of my pants.
Q. You say two shots were fired after you left the ground, where were you then?
A. I was put in Fly's building by John Behan.
Q. How many shots were fired before your went into the gallery and about how many were fired after you went in, as near as you can remeber?
A. The was some sixteen or eighteen shots fired before I was put in, as near as I can remeber, and two were firedafter I was in.
Q. You stated before that you were present when Mr. Behan was talking to the Clantons and McLowrys, state whether you saw him examine them, or any of them to see it they were armed?
A. I saw Sheriff Behan eximine Ike Clanton to see if he had any arms, and Tom threw open his coat and showed he had no arms.
[answere objected to by defendats because of deductions drawn by witness]
Q. Did the Sheriff find any arms on Ike Clanton?
A. He did not.
Q. Did you or not have any arms on your person at any time during the day of the shooting?
A. I did not.
Q. Did you not testify before the coroner's jury sitting upon the bodies of Tom and Frank McLowry and Billy Clanton?
Q. Did you not state there under oath that there were about sixteen shots fired before you went into the photograph gallery; and that you thought there were twenty-eight or thirty fired all together?
A. I stated there were sixteen or eighteen as well as I can remeber, and probably there were twent-eight or thirty fired in all.
Q. How was Doc Holliday dressed that day,as to his outside garment?
A. I could not say; I was not watching his clothing, I was watching the pistol he had in his hanf.
Q. Did you watch him from the first moment of his appraoch down the streer toward the Clanton party?
A. No, sir; not altogether.
Q. Did you see him when he first drew any weapon?
A. I did not see him draw any; he had one in his hand when he came there.
Q. Did you see him at any time have a shotgun in his hand?
A. I did not that I remember.
Q. What kind of pistol did he have in his hand?
A. A nickle-plated pistol.
Q. Locate exactly on the diagram the position of Holliday when he fired the nickel-plated pistol?
A. (Witness shown on diagram by No. 16 the position about the center of sidewalk).
Q. You are certain, are you not, that it was Marshal Earp who said, "You s-s of b--s, you have been looking for a fight," and that Marshal Earp also said, "Hold up your hands?"
A. I am not positive; it was one of the Earps. One of the Earps said, "You s--s of b--s, throw up your hands;" I would not be positive that the same party made use of the of both expressions.
Q. Have you not sworn that Marshal Earp used both of those expressions upon your present examination, and also before the coroner's jury?
A. No, sir; I did not; I was not positive of the fact.
Q. At what point was it on Fremont street you say the Earp party rushed right by the sheriff?
A. I don't know exactly at what point it was; it was about eighteen or twenty feet from where the shooting commenced; that is as near as I can come at it.
Q. Who of the Earp party shot first?
A. Doc Holliday.
Q. Who shot second?
A. Morgan Earp.
Q. Who shot third?
A. One of the Earps; don't know which.
Q. Who shot fourth?
A. One of the Earp party.
Q. Who shot fifth.
A. One of the Earp party.
Q. How rapidly were three shots fired together?
A. The two first you could hardly destinguish them; the others were one right after the other.
Q. Knowing so accurately wh discharged those shots and in the direction in which they came, your attention was attracted to the Earp party, was it not?
A. I was looking right at them.
Q. How much time was occcuppied between the Earp party brushing past the sheriff and the firing of the last of those five shots?
A. Well, I can't say positively; i don't think it was over four or five seconds; it might have been a little more or a little less.
Q. How much time was occupied, from the firing of the first shot to the sixteenth?
A. Can't say positively-probably eight or ten seconds.
Q. How long after the sixteenth shot was fired was the other two shots fired?
A. I guess about a second or so.
Q. At what point of these shots-that is at what shot-did Sheriff Behan, as you say, "fire" you into the photograph gallery?
A. As well as I can remember it was the fifteenth or sixteenth shot.
Q. Now, you have said that you heard only two shots after you got into the photograph gallery, then there could have been but eighteen or twenty shots altogether, could there?
A. I said I only heard two shot after I was put in, as well as I could remember.
Q. What do you mean by Behan "firing" you into the photograph gallery?
A. He caught me by the shoulders and shoved me in the door.
Q. Where were you standing at the time?
A. I was standing about four or five feet from the corner of the house, as near as I can place the distance, in the vacant lot.
Q. How near to the house?
A. I was probably a foot from the house.
Q. And how long had you been stading there?
A. I could not say; probably a second or two.
Q. Where did you come from before you got to that point?
A. I had back from where the boys were killed-as near as I can get at it.
Q. Where did you commence backing from?
A. From where the shooting commenced; from the little building the other ise of Fly's.
Q. Which side of the boys were you on?
A. I was on the side away from the street.
Q. There is where you stood when you had the conversation with Billy Clanton?
A. Not exactly in the very same place but somewhere about.
Q. Don't you pass sometimes under the name of "The Kid?"
Q. How old are you?
A. Twenty-one the 21st of October last.
Q. What state are you from?
Q. DO YOU LIKE THE EARP BOYS?
A. I have nothing in the world against them.
Q. Where you not engaged in a killing scrape in Charleston, for which you are now under bond?
(objected to as irrellevant and immaterial.)
A. I decline to answer.
Q. Why do you decline to answer.
(Objected to because it defeats the rule-overruled.)
A. I decline to answer under the rules expounded by the court to witness.
Q. Were you not on terms of friendship and intimacy with the Clanton and McLowry boys before the decease of some of them?
A. I liked the boys; not any more so than other of my acquaintances.
Q. Have you not been employed or stopped at lengths of times at their ranches?
A. I never was in their employ in my life; have stayed at their ranched and stayed all night once or twice.
Q. Do you not know that the Clantons and McLowrys were on the most intimate terms?
A. No, sir; I do not.
Q. Was you fired into the same door by Behan that Ike Clanton entered when he ran from the field of battle?
A. I was not.
Q. Did he not enter, as I understand you, the fourth door of the building from the street?
A. He did.
Q. At what point, as near as you can reollect, was Ike Clanton when he started to run and at what shot?
A. I disremember the shot; I can't say positively at what point; he was near the edge of the sidewalk near the photograph gallery, as well as I can fix it; there were probably six or seven shots as near as I can come to it.
Q. Were you not as much exposed to danger as Ike Clanton?
A. I could not say.
Q. WHY DID YOU NOT RUN
to escape the danger, instead of waiting to be "fired" by Sheriff Behan?
A. Because I thought there was more danger in running than standing there.
Q. Were you not somewhat frightened at those shots flying about you so promisusly?
A. Oh, yes, a little frightened.
Q. Were you not a great deal frightened?
A. Oh, no, sir.
Q. Did you not rather enjoy the scene than otherwise?
A. I did not.
Q. Where was that horse you speak of as you saw Frank McLowry in the middle of the street?
A. The horse was there close to the middle of the street.
Q. Had Frank McLowry led him out there?
A. I guess he did.
Q. Did you see that horse at any time in the vacant space between where the Clantons and McLowrys were?
A. I did; I saw it on the sidewalk near the little building.
Q. At what time, if you know, did Billy Clanton and Frank McLowry arrive in Tombstone that day?
A. I could not say, to save my life.
Q. Where was Billy Clanton's horse that you say was in front of Brown's, at the time of the fight?
A. I think he was hitched near the butcher shop; am not positive.
Q. How many drinks had you taken that day with the Clantons and McLowrys or other parties around town before the shooting?
A. I had not taken any with the Clantons and McLowrys; i had probably taken two or three glasses of beer myself.
Q. Did you see any powder marks on Billy Clanton's body after his decease?
A. Not that I remember of.
Q. Have you conversed with Sheriff Behan at any time since this difficulty about what occurred at this fight, and if so, how many conversations have you had?
A. I have not had any.
Q. Is it not a fact that at the first shot you ran to the point that Sheriff Behan fired you into the photograph house, and that you did not see any of the events that you have detailed before the coroner and at the examination?
A. I did not run to the point; I did see it all.
Q. How many shots did Holliday fire at Frank McLowry?
A. I could not say.
Q. Did Holliday remain in the same position all the time he was firing and the Clanton and Mclowry party?
A. He did not.
Q. What position did he first occupy and what position did he last occupy?
A. He was about the middle of the sidewalk, opposite the corner of the photograph gallery, when he first fired, at the last fire I saw he was off from the photograph gallery, about ten feet from the sidewalk in the street.
Q. You were asked in you cross-examination if one of the Earps arrested you in Charleston some time ago on a criminal charge, if you was arrested upon any charge was it Virgil Earp, Wyatt Earp or Morgan Earp?
(Objected to by defendants and objection sustained).
Q. You were asked in your cross examination if you were not sometimes called the "Kid," please explain how you came to be called by this name?
A. I came to Arizona when I was small, when Tombstone was first struck, and John Slaughter's men that he had working for him called me by that name because I was the smallest one in the outfit, and thats why the name originated with me.
Q. When did you first come to Tombstone?
A. About two and one-half or probably three years ago.
Q. How much smaller were you then than now?
A. I have grown nearly two feet since then; I was very sick when I first came here.
Wm. Soule, being sworn testifies as follows:
My name is Wm. H. Soule; residence, Tombstone; occupation, jailer and deputy sheriff of Cochise County.
Q. Were you in Tombstone on the 26th of October, 1881?
A. Yes, sir.
Q. Did you or not take possession of a horse or horses, in the city of Tombstone; if you did what horse or horses and what did you do with them?
A. I took two horses, one was Frank McLowrys, the other Billy Clanton's, that is, the horses they had been riding that day; I got them in front of Bauer's butcher shop on Fremont street, and took them to Dunbars livery stable.
Q. Was there or not any arms upon the horses when you took them into your possession, if there was what kind of arms were they?
A. There was one rifle on each horse, in the scabbards, I think they were both Winchesters.
Q. State whether you examined the arms that you found on the horses named, and if you did what was there condition as to being loaded or empty?
A. I didn't examine them at the time; I did examine them an hour afterwards; both rifles were nearly full of cartridges; one was full the other nearly so; the chambers were full; the one with the brass sight was full, the other which did not have a brass sight was nearly so; I put perhaps five or six cartridges in its chambers.
Q. With whom did you leave those guns at the stable, the hour you mention in your former answer?
A. I left them with a young man named Perry who has charge of the stable
Q. When you examined those guns what did you do with them?
A. I gave them to parties who were sent there to gaurd the jail; don't remeber who.
The Examination- Reported November 10, 1881