Wyatt Earp

Wyatt Berry Stapp Earp (March 19, 1848 - January 13, 1929), was an officer of the law, gambler and saloon keeper in the Wild West. He is most known for his participation in the Gunfight at the O.K. Corral along with Doc Holliday, Virgil Earp, and Morgan Earp.

From heroes to defendants

On October 30, Ike Clanton filed murder charges against the Earps and Holliday. Wyatt and Holliday were arrested and brought before the Justice of the Peace, Wells Spicer, while Morgan and Virgil were still recovering. Bail was set at $10,000 apiece. The hearing to determine if there was enough evidence to go to trial started on November 1. The first witnesses were Billy Allen and Behan. Allen testified that Holliday fired the first shot and that the second one also came from the Earp party, while Billy Clanton had his hands in the air. Then Behan testified that he heard Billy Clanton say, "Don't shoot me. I don't want to fight." He also testified that Tom McLaury threw open his coat to show that he wasn't armed and that the first two shots were fired by the Earp party. Behan also said that he thought the next three shots also came from the Earp party. Behan's views turned public opinion against the Earps. His testimony portrayed a far different gunfight than had been first reported in the local papers.

Related Topics:
October 30 - Justice of the Peace - Wells Spicer - November 1 - Billy Allen

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Because of Allen's and Behan's testimony and the testimony of several other prosecution witnesses, Wyatt and Holliday's lawyers were presented with a writ of habeas corpus from the probate court and appeared before Judge John Henry Lucas. After arguments were given, the Judge ordered them to be put in jail. By the time Ike Clanton took the stand on November 9, the prosecution had built an impressive case. Several prosecution witnesses had testified that Tom McLaury was unarmed, that Billy Clanton had his hands in the air and that neither of the McLaurys were troublemakers. They portrayed Ike Clanton and Tom McLaury as being unjustly bullied and beaten by the vengeful Earps on the day of the gunfight. The Earps and Holliday looked certain to be convicted and executed until Ike Clanton inadvertently came to their rescue.

Related Topics:
Writ of habeas corpus - John Henry Lucas - November 9

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Clanton's testimony repeated the story of abuse that he had suffered at the hands of the Earps and Holliday the night before the gunfight. He reiterated that Holliday and Morgan Earp had fired the first two shots and that the next several shots also came from the Earp party. Then under cross-examination, Clanton started to contradict his earlier statements. By the time he finished his testimony, the entire prosecution case had become suspect. The first witness for the defense was Wyatt Earp. He read a prepared statement explaining that they were going to disarm the cowboys and that they fired on them in self defense. Because of Arizona's territorial laws allowing a defendant in a preliminary hearing to make a statement in his behalf without facing cross-examination, the prosecution never got a chance to question Earp. After the defense had clearly established serious doubts about the prosecution's case, the judge allowed Holliday and Earp to return to their homes in time for Thanksgiving.

Related Topics:
Cross-examination - Self defense - Preliminary hearing - Thanksgiving

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Spicer ruled that the evidence indicated that the Earps and Holliday acted within the law and he invited the Cochise County grand jury to reevaluate his decision. Spicer did not condone the Earps' actions and he criticized Virgil Earp's choice of deputies, but he concluded that no laws were broken. Even though the Earps and Holliday were free, their reputation was tarnished. Tombstone residents became very worried about cowboy retribution and they blamed the Earps for placing the citizenry in danger. Many people in Tombstone looked upon the Earps as robbers and murderers. On December 16, the grand jury decided not to reverse Spicer's decision.

Related Topics:
Grand jury - December 16

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