Category: Cops

Wyatt Earp, his brothers Virgil and Morgan, and Doc Holliday had a date with destiny October 26, 1881, in Tombstone, Arizona.

Attempting to disarm local cowboys at the O.K. Corral, the ensuing gunfight on Fremont Street gained legendary status in Old West lore.

Given the reputations and relationships of the men involved, conflict seemed unavoidable.

Cattle rancher (or rustler, depending on the day) Tom McLaury had wanted to sleep in, run some errands and then relax with his brother Frank McLaury and Billy Clanton when they arrived in town. He knew Ike Clanton had acted like a fool the night before, but thought everything ended well in an all-night poker game.

Tom awakened, however, to discover Ike was even more drunk than before, illegally armed, and had gone around town threatening the Earps and Doc Holliday. For his actions, Clanton had gotten himself buffaloed and taken to court. McLaury knew it was time to grab his friend and leave Tombstone.

Tom retrieved his revolver from the Grand Hotel bar as it would be one less thing to do as he left town. There was a city ordinance against carrying a gun unless you were arriving or leaving town and McLaury was on his way out from the moment he got up. Tom McLaury was not known as a troublemaker and he certainly was not going to brandish his gun. He’d find Ike Clanton, finish his business and depart. Tom walked in the direction of the courthouse.

Brothers Frank (l.) and Tom McLaury (r.) were known associates of the Clantons and other “cowboys” — bandits and rustlers — in Cochise County, Arizona.Brothers 

In route to the court, McLaury encountered Wyatt Earp. Still enraged, Earp saw all cowboys as enemies. No one really knows what the two said to each other, but Wyatt Earp’s response was witnessed by several onlookers. McLaury was reported to have said he’d never wronged Earp, but was ready if Wyatt ever wanted to fight. Earp loudly asked McLaury, “Are you heeled?” and then slapped McLaury with his left hand while smashing his revolver against the young man’s head with his right. Tom McLaury was left lying in the street. Earp was heard to say, “I could kill the son of a bitch.”

Wyatt Earp’s outburst was seen as unreasonable to those who witnessed it. McLaury was assisted to is feet by several townsfolk and, even though his pride had been seriously damaged, he went about finishing his business. Based on what just happened, Tom McLaury probably felt it was a good idea to check his revolver, so he went to the Capitol Saloon where he gave it to the barkeep.

 

Tom’s brother Frank, along with Billy Clanton, arrived in Tombstone around 1 p.m. They stopped at the Grand Hotel on Allen Street, the normal hangout for the cowboy faction, where they ran into Doc Holliday. They exchanged greetings and there appeared to be no animosity. Frank McLaury and Billy Clanton entered the hotel bar to get a drink and get out of the cold.

Billy Allen entered the bar and asked Frank if he knew what was going on. Frank had just arrived in town, so he probably got an ear full. No doubt the McLaurys saw the Earps as enemies who interfered with what they wanted to do. Their actions likely angered McLaury but he also was smart enough to know that Tombstone’s ordinances would favor the Earps, so any revenge would have to wait. McLaury and Billy Clanton immediately left the Grand Hotel to find their brothers and get them out of town. Unfortunately, they neglected to check their guns.

As Ike Clanton left the courthouse, he ran into his friend Billy Claiborne. Claiborne fancied himself a gunslinger, having killed a man in a bar, and actually referred to himself as Arizona’s “Billy the Kid.” Claiborne helped Ike to a nearby doctor’s office where his head wound was treated. Afterward, the pair walked down Fourth Street to Spangenberg’s Gun Shop where Ike was reported to have tried to buy a revolver, but proprietor George Spangenberg, being aware of what had already transpired, refused to do so.

Frank McLaury still intended to find his brother Tom and leave town, but he couldn’t leave the impression that Wyatt Earp had scared him into doing so. Pride and image were important and Wyatt’s actions with the horse had been seen by too many people. Frank McLaury had to make it clear he wasn’t intimidated.

While Virgil and Morgan Earp had gone about their business after Ike Clanton’s court appearance, they remained concerned about possible violence. As Virgil walked down Allen Street, he was stopped by several townsfolk who warned him about Ike Clanton and his rantings. Virgil took these warnings seriously so he stopped into the Wells Fargo office and borrowed a double-barrel shotgun, a weapon that offered far more power than any revolver. Even at close range, revolvers were considered inaccurate while the shotgun, with its spreading pattern, was more likely to hit.

The shotgun Virgil Earp borrowed from the Wells Fargo office, and ultimately handed off to Doc Holliday, was likely an 1878-pattern “coach gun.” These double-barrelled shotguns featured shortened barrels, 18-24 inches, and were favored for security work, including guarding stagecoaches. Shown is a 20″ 1878 reproduction from Cimarron Firearms. (Photo courtesy Cimarron F.A.C.)

In reality, the revolvers of the time were probably more accurate than the people shooting them due to the “point and smack trigger” technique often used. Remember, the single-action revolvers of the period had stiff and heavy 6- to 7-pound break. They were not the single actions of today. That said, if aimed properly, the revolver could and would deliver. Still, a shotgun was a nice thing to have in a pistol fight. In addition, the appearance of a shotgun may make the cowboys think twice before engaging in violence.

Virgil had just walked out on to Allen Street with the shotgun when Bob Hatch, owner of a popular Tombstone saloon and billiards parlor, approached. It was in Hatch’s establishment that Morgan Earp would later be assassinated. “For god’s sake, hurry down to the gun shop,” Hatch exclaimed. “They are all down there and Wyatt is all alone. They are liable to kill him before you get there.” Virgil ran down to Fourth Street and found Wyatt unharmed but seething in front of Hafford’s Saloon. The two Earps watched as Frank McLaury, Ike Clanton, and Billy Claiborne left Spangenberg’s and met Tom McLaury coming from his errands in town. The cowboys walked down Fourth Street to Dexter’s Livery to get the horse that Billy Clanton had left there. They then planned to walk two blocks north to the West End Corral on Fremont and Second Streets, where they would pick up Ike and Tom’s team and wagon. Their route would take them through the back of the O.K. Corral.

Controversial Cochise County Sheriff Johnny Behan also slept in that morning. He went for a shave only to notice the crowd gathered on Fourth Street at Allen. When he asked, he was told about the morning long problems between the Earps and the cowboys. In reality, Johnny Behan could have ignored the situation. After all, he was the county sheriff while Virgil Earp was town police chief. However, it was likely that Behan felt an obligation to get involved. Virgil Earp had helped him apprehend county criminals in the past and lawmen were supposed to assist other lawmen. He finished his shave and ventured out.

Behan found Virgil Earp standing outside Hafford’s holding a shotgun. Doc Holliday, dressed in a long gray overcoat due to the weather, was with him. Doc carried a silver-headed cane, popular in Tombstone at the time. Behan asked Virgil, “What was the excitement?” and Virgil told him there were “sons of bitches in town looking for a fight.” Behan suggested they go into Hafford’s for a drink, hoping to cool off the situation. It’s unknown who made the original suggestion, as their statements later conflicted, but it was decided that Sheriff Behan would go and talk the cowboys into giving up their guns.

Intersection of Allen and Fourth Streets, also known as Hafford’s Corner. The business now marked as Arlene’s was Hafford’s Saloon and Cigar Bar in 1881. It was at this intersection where the Earps waited to hear from Johnny Behan about disarming the cowboys. (Author Photo)

Unfortunately for the Sheriff, they were no longer in the O.K. Corral. He found them in a vacant lot off Freemont Street next to Fly’s Boarding House and Photographic Studio. Back at Hafford’s Corner, Virgil, Morgan, Wyatt and Doc Holliday all stood by waiting to see what would happen next.

After their stop at the O.K. Corral, the cowboys walked down an alley that opened onto Fremont Street near the Union Meat & Poultry Market. Billy Clanton and Frank McLaury were leading their horses and the animals were saddled with rifles hanging in scabbards. The McLaury brothers stopped into the market to talk to butcher James Kehoe.

While Frank talked with the butcher, the others stopped to wait in an empty lot on the south side of Fremont between Fly’s boarding house and a building owned by William Harwood, Tombstone’s first mayor. There has been some debate over how big the lot was in October of 1881. Estimates range from 15 to 20 feet wide by 18 to 25 feet long. Regardless, it is known that it was not very big. In fact, it was unusual for the lot to be empty as Harwood usually had lumber stored there for building projects.

Johnny Behan saw Frank McLaury talking to Kehoe while holding his horse with the rifle in plain view. Behan walked up and told Frank that he wanted to disarm him and the other cowboys. Frank refused to give up his guns “as long as the people in Tombstone act so.” Who knows what he meant by this statement? It is likely that Frank McLaury was just grandstanding as, by this time, most of the town was watching. Unlike the movies, the fight did not happen in a vacuum, it was being watched by hundreds of people at various locations around town. Things could get boring in Tombstone and this was better than tickets to a show.

Behan understood cowboy pride and offered to take Frank McLaury to the sheriff’s office, he could surrender his guns in private. Frank still had some business to conduct and with Behan’s help he could save face and stay in town. It was important everyone knew he was cooperating because he wanted to, not because of the Earps. “You need not take me,” McLaury told Behan. “I will go.” Johnny looked west on Fremont and saw Tom McLaury and Ike Clanton standing next to Fly’s. Behan told Frank to walk along with him while he got the others and took everyone to the sheriff’s office. Behan must have been quite happy at this point. If he walked with them to his office and took their guns, it would appear as though he made actual arrests, while the cowboys would think they were going on their own. Playing politics was really no different back then.

Cochise County Sheriff Johnny Behan, out of loyalty to the law or friendly ties to the cowboys, attempted to prevent a confrontation between the Clantons and McLaurys and the Earps and Doc Holliday. Ultimately, he was unable to peacefully disarm the cowboys.

At this point, Behan was gone from Hafford’s Corner about twenty minutes with Virgil hearing nothing from him. A citizen approached Virgil offering men to help him arrest the cowboys. Virgil repeated if the cowboys stayed at the O.K. Corral, he would take no action. He was then told “Why, they are all down on Fremont Street.” That was it. Virgil had no choice as much of Tombstone was watching. He had stated he would disarm the cowboys if they came out on to town streets. But Virgil wasn’t about to face one against four odds. His two police officers were off-duty and probably asleep. If he called for them, it would delay his response with the cowboys still armed and on Tombstone’s streets. He could wait no more. Vigilantes in town had threatened to take action. Time had run out for Virgil Earp.

Wyatt and Morgan were standing next to him at Hafford’s Corner. Both were experienced lawmen as well as being family. Trust was not an issue. He asked Wyatt and Morgan to come with him to disarm the cowboys. Doc Holliday overheard this and invited himself along. When Wyatt told him it was not his affair, Doc replied, “That is a hell of a thing to say to me.” Doc considered himself Wyatt’s friend and that was enough for him. This friendship is well documented and his eagerness to fight was legendary. Virgil must have recognized the risk of taking Doc along but he still hoped for a peaceful conclusion. He possibly felt if the cowboys saw Holliday and knew of his reputation, they would be less likely to fight.

Not knowing who was over on Fremont Street, Holliday was given the responsibility of standing guard while the Earps enforced the gun ordinance. Virgil handed Doc the shotgun and took Doc’s silver-headed cane. Virgil told Doc to keep the shotgun hidden under his long coat as long as possible. He was further instructed to stand out in the street and brandish the shotgun as a warning to anyone who might want to intervene. He would also be in position to block the cowboys from moving across Fremont Street.

Besides the shotgun, Doc had a nickel-plated revolver in a holster under his coat. In the movies it is shown to be a short barreled, bird’s head model — a “Banker’s Special.” In truth, we know it was nickel plated but not much else. Unlike the movies, that always depict his holster to be a shoulder rig, it was probably on his hip. Virgil had Doc’s cane in his left hand and his right hand on the butt of a revolver stuck in the front of his pants.

The movies portray this to be a Smith & Wesson Model 3 “Schofield,” which is possible, though I have never seen this confirmed anywhere. It is known that Virgil liked this model of revolver. Morgan probably had his revolver in his hand as did Wyatt. Much has been made of the long-barrel Colt-produced “Buntline Special” that Wyatt was reported to own. History has gone both ways on this gun, but there is nothing I am aware of to confirm he had it with him this day.

In reality, I doubt he would have wanted a revolver with such a long barrel as it would not have fit well in the custom pocket of his new coat. It certainly would not have been quick to draw. Wyatt has also been reported to be in possession of an S&W Schofield revolver on that day, but again, I have never seen this confirmed.

 Besides the Wells Fargo shotgun, Doc Holliday was armed with a nickle-plated revolver, likely a Colt. Virgil was known to favor Smith & Wesson Model 3 Schofield revolvers, and the cowboys also had single-actions revolvers, probably Colt-pattern guns. (Manufacturer photos of reproduction firearms)

“Come along,” Virgil said, and together the three Earp brothers and Holliday left Hafford’s Corner and began “the walk” north on Fourth Street to Fremont, a journey that has been depicted in every movie ever produced about the fight. I have taken this walk on several occasions and have wondered what was going through the Earps’ minds as they did so. Even as hot headed as Wyatt was known to be, there had to be trepidation as they walked. Virgil, Wyatt and Doc had all been in armed conflict in the past, they would have understood its finality. Most gunfights of the era broke out quickly, very few occurred where the participants had time to ponder what was going to happen. I don’t buy into the theory that Doc Holliday had a death wish, either. It is well documented he took action to prolong his life, even moving to Arizona to make use of the high desert air. No, even though I’m sure they put on an air of formidability, there was likely also reluctance and maybe even fear.

When Johnny Behan walked into the vacant lot with Frank McLaury, he saw Billy Clanton and Billy Claiborne. He knew he would find Ike and Tom but the other two may have been a surprise. He asked if they were all together and Claiborne responded he “was not one of the party.” Johnny told them what he’d just told Frank, they would go to the Sheriff’s Office and disarm there. Ike and Tom stated they had no weapons for Behan to take, having surrendered them earlier. He was skeptical so he frisked Ike Clanton by running his hands over his waist and found no guns. Tom McLaury then pulled open his coat to show there were no guns in his waistband. Tom could have had a gun in his waistband at his back or concealed under his shirt. We just don’t know. Behan chose to accept his word.

Just as Behan prepared escort them to his office, Frank McLaury said no. He’d thought it over and said he would surrender his guns only “after the party that hit my brother” was disarmed. That wasn’t going to happen, and Behan knew it. The Earps were sworn peace officers and were legally permitted to carry firearms in town, the cowboys were not. Doc Holliday was likely sworn in as a “special officer” for the moment. It was at that moment someone on the street shouted, “Here they come!”

Wyatt Earp, his brothers Virgil and Morgan, and Doc Holliday had a date with destiny October 26, 1881, in Tombstone, Arizona. Attempting to disarm local cowboys at the O.K. Corral, the ensuing gunfight on Fremont Street gained legendary status in Old West lore. Here we examine how it all began.

Please understand I do not consider myself to be a historian. I’m a fan of the Old West and a serious student of the “combative application of the handgun.” I grew up in the late 1950s through the 1960s watching Westerns on television. Wyatt Earp, Bat Masterson, Wild Bill Hickok, Calamity Jane and Buffalo Bill Cody were part of American culture due to shows of the same name.

When I entered law enforcement, I became a student of combative pistolcraft which renewed my interest in the Old West, specifically people known as “gunfighters” or “shootists.” Why? Because they fought with handguns instead of long guns.

Many of the towns that sprouted up after the Civil War were either cow towns or mining camps. Those industries spurred the economy west of the Mississippi. Towns like Abilene, Hays City, Dodge City, Virginia City, Lead, Trinidad, Deadwood and Tombstone are the famous ones, but many towns sprang up and then died. Naturally, these towns — really camps — were the watering holes for cow pokes and miners who after long days or weeks in the ground or on the trail wanted to blow off some steam via gambling, alcohol and women.

Tombstone, Arizona, c. 1881.

These towns were predominantly gambling houses, saloons and brothels with a few needed businesses thrown in. Carrying firearms was restricted, if not outright banned, in many of these locations. Many will see this as gun control but look at it from the viewpoint of those who were trying to keep the peace: A drunk cowboy or miner feeling like he was cheated at cards, watching another man flirt with his “woman” (read prostitute), is drunk and in possession of a gun. Can you see where this is headed? After 35 years in law enforcement, I get it. I can remember any number of killings I responded to that involved alcohol, a woman and money.

Like today, handguns that could be easily hidden were more likely to be used in a fight than a double barrel shotgun or lever action rifle. It should be noted when guns were carried in town, holsters were not the norm. The revolvers of the time were usually carried in the waistband or in a coat pocket.

Real holsters of the period were nothing like the rigs commonly seen in a Hollywood Western. They were nothing more than a leather pouch with a loop attached that allowed them to be hung from a belt. There was nothing “fast” about them. These holsters rode high on the belt, not low slung around the leg. Holsters were seen in the field or prairie. In town, the gun and holster were commonly surrendered to hotel employees or bar keepers for the duration of the visit.

As I have spent years studying these fights, I have come to realize they are not much different than what occurs today; they were close, chaotic, and over in a few rounds. It’s as likely as not that all rounds fired missed their intended target. Or, both combatants were down and injured with no real victor evident. It wasn’t about being fast or first to fire; it was the person who could keep their head and deliberately fire rounds that would have an adverse effect on their opponent.

In addition, single-action revolvers were in use and required the hammer to be manually cocked with each round fired. The Colt double-action revolver was not introduced until 1877 with an action that was so stiff and heavy most shooters just thumb-cocked it anyway. The typical single-action revolver of the time offered a 6- to 7-pound sear release, unless the owner had the gun’s action filed “sweet.” Such heavy triggers with a felt “glitch” would certainly have an impact on combat marksmanship. Take a moment to consider being under fire, at close range, and having to shift your shooting grip to thumb-cock the hammer each time you fired. (Two-handed manipulation with the support thumb prepping the hammer would certainly be more efficient, but there is little evidence such a technique was used.) Do you think fear and panic would be a factor here? Do you think haste could result in close misses?

Studying the Old West gunfighter spurred me look deeper into how these situations likely played out. The problem is, unlike modern gunfights such as the Miami FBI shootout, the Newhall incident, the Norco Bank robbery or the North Hollywood shootout, there is no modern reporting of the incidents, no video, and no audio recordings of eyewitness reports. In order to look into incidents of 100-plus years ago, we must rely on newspapers of the time as well as any court records that still exist. Like today, newspapers of the time “colored” their reporting depending on the biases of their owners and editors. We also know eyewitness testimony is not as reliable as we would like to believe.

To uncover as much information as possible, one must not only read the research of others, but also walk the ground where the incident occurred. Physical examination paired with an understanding of the technology and equipment of the time can help produce a comprehensive picture of how a historical event may have unfolded.

While I find many famous fights interesting, such as Luke Short’s two arm-length gunfights, Bat Masterson’s fight with Melvin King and, of course, the famous middle of the street showdown of Wild Bill Hickok and Dave Tutt, it is a “free for all” in a vacant lot in Tombstone, Arizona, that fascinates me most. While I like to call it the “Fight on Freemont Street,” it is more famously, and incorrectly, known as the “Gunfight at the O.K. Corral.”

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Anyone who has read anything about this incident knows many things led to the altercation. But, if I had to narrow it down to one primary cause, I would say the gunfight on October 26, 1881, was the result of a group of men (the cowboys) who wanted to do what they wanted, when they wanted, and another group of men (the Earps backed by local business leaders) who told them they couldn’t.

What we know for sure is that tensions were already high when cowboy Ike Clanton went on an all-night drinking and gambling binge. Clanton had acted as a paid informant for Wyatt Earp — against other cowboy associates — regarding a stagecoach robbery that had occurred earlier in the year. Earp felt an arrest in this crime would help him win the upcoming election for Sheriff while Clanton just wanted the reward money. When the suspects were killed in New Mexico, Earp no longer needed Clanton’s cooperation. The cowboy turncoat became increasingly paranoid that Earp would reveal his involvement, something Earp later claimed he would never have done.

On the morning of October 26, Ned Boyle had finished an all-night bartending shift at the Oriental Saloon. It was a cold, blustery, nasty morning with snow flurries and Ned just wanted to get home. As he walked down Allen Street, he came across Ike Clanton in front of the telegraph office near the Grand Hotel. Ned was surprised to see that Clanton was not only drunk, but also armed with a pistol in plain sight. Since holsters were not the norm in town, it was likely jammed into the waistband of his pants. Boyle liked Clanton, so he pulled his coat over the revolver so he would not be arrested for carrying in town. He encouraged Clanton to go sleep off his drunk. Clanton stated he would not.

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Instead, he told Boyle that he was waiting for the Earp brothers and Doc Holliday to show themselves on the street, then, he said, “the ball would open” and they would fight. Clanton was known to make outrageous statements while drunk and Boyle figured he was just blowing off steam, but he also sensed this was different. He left Clanton and went to Wyatt Earp’s house to warn him. While Earp was appreciative, he did not seem concerned and went back to sleep. Boyle went home.

The Earp brothers were “night owls,” staying up pursuing their interest in gambling and regularly slept in late. Meanwhile, Clanton continued to drink, increasing his level of intoxication. He had added a rifle to the handgun stuffed in his waistband and would eagerly tell anyone who listened how “the Earp crowd” and Doc Holiday insulted him when he wasn’t “heeled.” He was armed now and was ready to fight as soon as he saw them again. Clanton was apparently told by several town folk that picking a fight with the Earps and Doc Holiday was probably not a good idea, especially while drunk, as they would undoubtedly fight back.

Word began to spread down Allen Street that Ike Clanton was drunk, armed and threatening to kill the town police chief, his family, and their friend. The policeman on patrol that morning, A. G. Bronk, hurried to Virgil Earp’s house to warn him there “was liable to be hell.”

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Virgil Earp got up a little after noon and headed down Allen Street to see what was going on. Clanton had continued his “bar hopping” throughout the morning. He continued to carry his guns just in case he came across the Earps. Since they were known to sleep late in the day, I cannot help but wonder if Ike Clanton was betting they would not be around, and therefore felt safe making threats. We will never know.

At Hafford’s Corner, Clanton repeated the same story he’d told all morning. The difference this time was Clanton added a new detail, saying the Earps had already agreed to meet him at noon to fight, and it was now five minutes past. The implication being, of course, that the Earps and Doc Holliday were cowards. He showed up outside photographer C.S. Fly’s boardinghouse where Holliday and “Big Nose” Kate Horony were staying. He briefly lurked outside and then moved on. Fly’s wife, Mollie, saw him and warned Kate, who was looking at photographs in the studio. Like the Earps, Holliday was sleeping in after a full night of drinking and gambling. Kate went to their room and woke him, telling him about Clanton. With the dark humor of a terminally ill man, Holliday replied, “If God lets me live long enough to get my clothes on, he shall see me.”

Meanwhile, Virgil Earp began his patrol of Tombstone. Several residents warned him Ike Clanton was drunk, armed and threatening to kill the Earps and Holliday. It became obvious the cowboy wasn’t going to shut his mouth and stumble off to bed. As Virgil walked toward the saloon district, he met his brothers Morgan and James. They, too, had been alerted about Clanton and wanted to make sure Virgil knew that he was carrying firearms. Virgil told them he was on his way to find Ike and stop this. Morgan went with him, while James went to work.

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Wyatt got up around noon and walked to the Oriental Saloon. As soon as he arrived former city council member Harry Jones asked him “What does all this mean?” Wyatt told him he had no idea of what he was talking about. “Ike Clanton is hunting you boys with a Winchester rifle and a six-shooter,” Jones said. “I will go down and find him and see what he wants,” Wyatt advised.

The three Earp brothers met and talked about what to do. Clanton had to be disarmed before the situation got worse. As police chief, Virgil Earp carried a revolver.  And, based on the morning’s unrest, Morgan and Wyatt each had one, as well. As special deputies, they were permitted to be armed under city law. Since holsters weren’t used in town, Virgil and Morgan’s guns were probably tucked into their trouser band. All three men wore coats to protect themselves from the cold wind of the day, but Wyatt’s had a special feature. The day before, he’d taken delivery of a new coat with a special canvas-lined pocket designed to carry a handgun. It was less likely to catch the hammer, front sight or barrel if the gun had to be drawn quickly. The brothers split up with Wyatt hunting for Clanton on Allen Street while Virgil and Morgan searched Fremont.

Within minutes, Virgil and Morgan found Clanton, but not before the belligerent drunk encountered the one person Virgil Earp probably wanted to keep in the dark, Tombstone mayor John Clum. He was Virgil Earp’s boss and had just left his office at the Tombstone Epitaph newspaper to walk around town as he was always on the prowl for something newsworthy. He found it. On the corner of Fourth and Fremont was Ike Clanton, drunk, and as Clum remembered it years later, “holding a Winchester rifle in his arms much after the fashion of a mother holding her child and fondling it accordingly.” Clum wished Clanton a good morning and jokingly inquired, “Any new war on today?” while looking around for assistance.

Clum saw Virgil and Morgan heading his way. Virgil probably saw the mayor and thought things had just become more complicated. Mayor Clum had now seen an intoxicated man carrying not one but two guns and would expect his police chief to take action. Even in the early 1880’s, the use of force had to be justified and would certainly come under scrutiny. How much force Virgil would use to arrest Clanton needed to appear reasonable. An argument could be made that Virgil Earp had the right to shoot Clanton. After all, multiple witnesses heard him make threats against the Earps and he was carrying two loaded firearms. While the legal trifecta of ability, opportunity and jeopardy did not yet exist in the legal system, if they had, they were certainly met at this point.

Virgil Earp, at the time of the gunfight, was the only “official” lawman involved. He was both a U.S. Deputy Marshal and the town marshal for Tombstone.

Virgil was not reluctant, he’d killed before. Four years earlier in Prescott, Arizona he joined several other lawmen in shooting two felons who had initiated a gunfight. Still, he considered shooting to be a last resort. Instead, he and Morgan drew their guns and walked up behind Clanton. Virgil grabbed the rifle and Clanton responded by grabbing for his pistol. Virgil whacked him across the skull with the butt of his own gun knocking him down. Hitting another with your handgun was called “buffaloing” and it was the 1880’s version of the Taser. Virgil later testified that as Clanton was lying in the middle of Fremont Street, he asked if he “was hunting for me.” Defiant despite his situation, Clanton said that he was, and if he’d seen Earp a second earlier, he would have shot him.

Virgil arrested Clanton for unlawfully carrying firearms inside city limits. The Earps then took their dizzy prisoner to recorder’s court at the corner of Fourth and Fremont. This location is now a parking lot, the buildings having burned down in the 1920s. There was no judge present, so Virgil left to find him. While Morgan and Wyatt stood by, guarding their prisoner, an argument broke out. Clanton had been drinking for 24 hours and was suffering from a blow to the head, he was likely quite angry. Clanton told the Earps that if he had a gun, he would fight them right there in the courtroom. Morgan offered Clanton a revolver and said “Here, take this. You can have all the show you want right now.” Clanton wisely did not take the gun.

The situation seemed to settle, but Wyatt was enraged by the entire incident. Clanton had spent the night threatening his family. Wyatt looked at Clanton and said, “You damn dirty cow thief, you have been threatening our lives and I know it. I think I would be justified in shooting you down any place I would meet you, but if you are anxious to make a fight, I will go anywhere on earth to make a fight with you, even over to San Simon among your own crowd.” Clanton did not hesitate and said, “Fight is my racket,” he replied with more bravado than sense. “All I want is four feet of ground.” The die was cast.

The judge returned and found Clanton guilty, fined him and set him free. While Virgil and Morgan went about their daily routine, Wyatt remained in a state of rage. The fact that Ike Clanton was back on the street so quickly, like nothing happened, only made his anger worse. As far as he was concerned, he, his brothers and Doc Holliday were still at risk.