Gun Law - A Study of Violence in the Wild West

Joseph G. Rosa and Robin May

Chicago, 1977

"The most publicized gunfight in the Old West was that between the Earps and the Clantons at Tombstone., Arizona, on 26 October 1881. Generally known as the "Gunfight at the OK Corral" it actually took place in the street nearby. The details surrounding this classic encounter are as controversial today as they were at the time, but the cause and effect that led to that final showdown should be examined.

In 1877 a prospector named Ed Schieffelin discovered a huge silver sludge far out in the wilds of Arizona. It was then Apache country and few people dared to get involved with the ferocious warriors without being well armed or in large numbers. Sometime before his discovery, Schieffelin told a friend that he was prospecting for "stones"(which was a miner's description of quartz), and the man waggishly replied: "Ed, I reckon the only stone you're gonna find'll be your tombstone!" Schieffelin was so amused by this that when he did make his big strike he named his diggings Tombstone, and by the early part of 1879 the place had become a town.

[...]

Amongst those drawn to the magnetic spot were Wyatt Earp and his brothers Virgil and James. [..] At Prescott they were joined by Virgil who had worked there as a stagecoach driver and part-time sheriff. The brothers, together with assorted wives and mistresses, arrived in Tombstone in December, 1879, and early in 1880 were joined by their other brother, Morgan, the hotheaded member of the family. Wyatt Earp in 1880 was nothing like the man immortalized by Stuart Lake in his fictionalized biography FRONTIER MARSHAL published in 1931.

[...] the lady with him in Tombstone, known as Mattie Baylock, may or may not have been his wife for no records have yet been found of their marriage.

[...]

The arrival of the Earps in Tombstone was not regarded as an event for none of them were well known outside Kansas. James never became involved in the events which followed. [...] But both Wyatt and Virgil were gun-toters and Wyatt's reputation in Kansas was of a man who would kill if provoked enough. When the then marshal of Tombstone, Fred White, was killed in October 1880, Virgil, his assistant, arrested his killer one William "Curly Bill" Brocius, although it is claimed that Wyatt made the actual arrest.

[...]

Wyatt bought an interest in the Oriental Saloon, and ran a faro table at the Eagle Brewery, a rival saloon.

[...]

The Earps were joined in Tombstone by JOHN H. HOLLIDAY, a tubercular dentist familiarly known all over the West as "Doc" Holliday. His career as a practising dentist had taken him to Dodge City where he had renewed his acquaintance with the Earps (he is believed to have known them for many years before they became partners). Few men liked Holliday. His illness aggravated by excessive alcohol made for a mean disposition, and there were those who believed, perhaps with some cause, that he had a death wish. Few were thinking of dentistry when they considered what it would be like to be "drilled" by Doc Holliday. But he and Wyatt were very close, and it is claimed that once in Dodge City he saved Wyatt's life when he was threatened by a mob of drunken cowboys.

[...]

Wyatt had little liking for cowboys , hardened as he was to the violence of their Texas cousins. This soon led to a disagreement with the most notorious of the rancher-rustler outfits, the Clanton and the McLaurys. [...] There were three Clanton boys, Ike a very cunning individual, Phineas and Billy, but over lording the whole family was Old Man Clanton. [...] Trouble between the Earps and the Clanton-McLaury faction came when Wyatt lost a prized horse [...] Virgil Earp, in his capacity as a deputy US- marshal, also upset sheriff John Behan when he arrested two of his deputies, Frank Stillwell and Pete Spence, for holding up a stagecoach. As both men were also friends of the Clantons and the McLaurys the incident built up further resentment against the Earp faction.

[...]

The situation came to a head on the afternoon of 25 October when Ike Clanton had a run in with Doc Holliday at a lunch counter in one of the saloons. He tried to avoid him but Doc would not led him "You damn son of a bitch of a cowboy" he sneered, and told him to get himself a gun and get to work. Doc also accused him of threats against his friends the Earps but Ike denied them. Morgan who was in the place stepped forward, and Ike, fearful that there would be shooting, stepped quickly outside. "Go get heeled" taunted Doc. At that moment Wyatt and Virgil appeared, and seconds later Morgan came out to the street. Clanton backed off repeatedly denying any intention to fight and, begging Morgan not to shoot him in the back, he scuttled off. After an all-night session of poker and booze, Ike stepped onto the streets of Tombstone in a belligerent mood, mouthing threats. Wyatt was awakened and informed that Ike has said: "As soon as those damned Earps make their appearance on the street today, the ball will open."

[...]

The long awaited and dreadful moment had finally arrived. [...] On the way Wyatt and Morgan were joined by Doc Holliday. Wyatt tried to keep him out of it, but Holliday refused. He carried his shotgun which some writers maintain he had been given only moments before by Virgil, but more recent evidence suggests it was probably the gun he personally ordered from the Birmingham gun maker, W.W. Greener, to be made for up for his own specifications. Sitting in a barber shop on Allen Street, Sheriff John Behan could see a crowd gathering on the corner. Hearing of the cause he hastened over to the Hafford saloon where he met Virgil who explained the position. Behan asked him to disarm rather than fight the boys: it was his duty to do so. Virgil ignored him so Behan said he would disarm them himself.

He came upon Morgan and Doc Holliday who were soon joined by Virgil, and on the corner of Fremont Street he met Frank McLaury who was holding a horse. Frank said he did not want trouble but that he would not give up his guns, and still talking he and Behan walked towards Fly's Photographic Gallery. Outside were Ike and Billy Clanton, together with Tom McLaury and Billy Claiborne. Behan again tried to get them to disarm, and Ike said that he did not have any guns, opening his coat so that Behan could search him and prove it. Tom McLaury did the same show that he, too, was unarmed. Behan asked the others to give up their guns. "Only if you disarm the Earps", Frank McLaury replied. Billy Clanton was now impatient. All morning he had been trying to get the others to leave. "I want to go home", he said, repeatedly, adding that he had not to come to town to fight. Billy Claiborne shrugged and said he was not really involved at all but was merely trying to get them all to leave town. Thinking perhaps that he had averted a shoot-out, Behan asked them all to come down to his office, but at that moment the Earps appeared, walking slowly in line abreast and fully armed. "Stay here", he said and hurried up to Virgil. "For God's sake, don't go down there", he begged. Virgil pushed him aside. "I'm going to disarm them". He and his brothers and Holliday then started forward. Behan rushed after them. "Go back! I'm sheriff of this county!" he yelled, but the group ignored him. Virgil was careful to legalize their action for he had deputized his brothers and Doc as assistant city marshals. Nevertheless, as the band set off on the last walk it was Wyatt who dominated. Each man was dressed in the long frock coat popularly known as a Prince Albert.

[...]

As noted earlier, the actual fight took place not in or at the OK Corral but on Fremont Street right in front of C.S. Fly's home and photographic gallery. The Clantons and McLaury's were lined up with their backs against a private home owned by William Harwood as the Earps drew up to within about six or eight feet of them. Doc Holliday remained on the street as the brothers advanced into the vacant lot nearby to bring them into line with the Clantons and McLaurys.

For a moment there was complete silence. Behan had meanwhile slipped off behind Fly's house where he was hastily joined by Billy Claiborne. Later Behan was to testify that he thought Wyatt started the fight when he said: "You sons of bitches, you have been looking for a fight, and now you can have it". For this part Wyatt alleged that when Virgil ordered them to give up their guns Billy Clanton and Frank McLaury dropped their hands to their pistols and Virgil then shouted:"Hold, I don't meant that, I have come to disarm you."

Billy Clanton shouted out: "Don't shoot me, I don't want to fight", and Tom McLaury opened his coat to show he was not armed and said as much. Wyatt later claimed that since Behan had said that he had disarmed the bunch, the sight of pistols in the hands of Frank McLaury and Billy Clanton led him to think otherwise, so he pulled his own pistol. He ignored Billy but shot at Frank whom he regarded as a deadly shot and dangerous. Two shots sounded as one: Wyatt shooting at Frank and Billy Clanton shooting at Wyatt. "I don't know which shot was fired first. We fired almost together. The fight them became a general", declared Wyatt. At this point Virgil ordered them back to the street where they joined Holliday. Ike Clanton panicked and rushed up to Wyatt and grabbed his left art. Seeing he was unarmed Wyatt told him."The fight has now commenced; go to fighting, or get away", and pushed him aside. Ike turned blindly away and ran off eventually reaching the OK Corral and safety, narrowly escaping a blast from Holliday's shotgun. Wyatt's first shot had hit Frank McLaury in the stomach, but he managed to get one shot off before staggering off towards the street. Tom McLaury, realizing that his plea of neutrality was wasted, grabbed his brother's Winchester rifle from it's saddle scabbard and took cover behind the horse. Morgan meantime put a ball into Billy Clanton's right wrist and another in his chest. He fell back against Fly's Gallery and tried desperately to use his pistol. Suddenly, Frank McLaury's horse, frightened by the noise and confusion, reared away and exposed Tom McLaury. Holliday swung the muzzle of his shotgun and fired the remaining barrel. The blast all but knocked Tom off his feet as the buckshot tore into his waistcoat , peppering it with shot holes that rapidly become bloodied. He screamed, staggered back, stumbled into Fremont Street, collapsed and died.

Virgil had so far not fired a shot, but he was soon to learn that Billy Clanton was far from dead. Somehow the dying boy found strength to steady his pistol and put a ball into Virgil's calf knocking him to the ground. Frank McLaury, all but dead, managed to raise his six-shooter and fired it at Doc Holliday. Doc had just thrown down his now empty shotgun and plucked a six-shooter from his pocket. Both Holliday and McLaury fired simultaneously and unobserved by either of them, Morgan Earp also fired at McLaury. Doc missed but Morgan's bullet hit the dying man in the head. McLaury's final shot had nicked Holliday's hip taking a piece of skin and holster with it. At that moment Billy Clanton also fired his last shot. It hit Morgan Earp in the shoulder, and even as he stumbled and fell, both he and Wyatt fired simultaneously and Billy Clanton hit the ground to rise no more.

[...]

The fight lasted less than a minute, and during that time eight men had diced with dead; three of them were dead, three badly wounded, and two survived miraculously without a scratch - Ike Clanton who had turned and run, and Wyatt Earp.

The aftermath of that fight is as controversial as the event. Virgil and Morgan were found to be unfit to stand trial, and Holliday was not called either. But Wyatt was in court and was allowed to read a prepared statement.

[...]

Justice Spider found reason to criticize Virgil's action in enlisting his brother's and Holliday's aid in attempting to arrest the Clantons and McLaurys, but added that the social climate then prevailing left Virgil with little choice.

Then, as now, feeling ran high, and some weeks later Virgil was crippled for life when someone emptied a load of buckshot into his side as he left the Oriental Saloon. Morgan , too, became a victim shot through the back in Hatch's saloon as he played pool in March 1882.

Wyatt suspected Morgan's death was the work of Pete Spence and Frank Stillwell but he was unable to prove it. Wyatt accompanied Virgil and James as far as Tucson when Morgan's body was sent back to their parents' home in California for burial. While the brothers waited for the train to leave, Wyatt came face to face with Frank Stillwell. The Earps later claimed that he had tried to kill Wyatt. At least that is their story. When the train left for California a very dead Frank Stillwell lay on the tracks beside the Southern Pacific Depot[...]. Soon afterwards, Wyatt and Doc Holliday were in the hills on the trail of Pete Spence. He escaped their wrath but a Mexican woodcutter (sometimes described as an Indian) was killed at Spence's camp up in the Dragoons. The Earps then moved on to Albuquerque, New Mexico, leaving behind a reputation both good and bad."

-Syblille-


Back