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Cochise County Cowboys

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123-532: The Cochise County Cowboys is the modern name for a loosely associated group of outlaws living in Pima and Cochise County , Arizona in the late 19th century. The term " cowboy ", as opposed to " cowhand ," had only begun to come into wider usage during the 1870s. In that place and time, "cowboy" was synonymous with " cattle rustler ". Such thieves frequently rode across the border into Mexico and stole cattle from Mexican ranches that they then drove back across

246-549: A general and provincial governor during the Gallic Wars . It fell out of use during the early Empire . In English common law , an outlaw was a party who had defied the laws of the realm by such acts as ignoring a summons to court or fleeing instead of appearing to plead when charged with a crime . The earliest reference to outlawry in English legal texts appears in the 8th century. The term outlawry refers to

369-489: A "cowboy." Tombstone resident George Parsons wrote in his diary, "A cowboy is a rustler at times, and a rustler is a synonym for desperado— bandit , outlaw, and horse thief ." The San Francisco Examiner wrote in an editorial, "Cowboys [are] the most reckless class of outlaws in that wild country ... infinitely worse than the ordinary robber." Legal cowmen were usually landowners and generally called herders or ranchers . The term cow-boy, once applied to all those in

492-452: A Clanton family descendant, Terry "Ike" Clanton, along with former Citadel professor and grave expert James A. Browning, searched the area near Eagle Creek in what is now Greenlee County , Arizona, where Ike was reportedly buried. They quickly discovered a shallow grave under a large tree that they believe contains the remains of Ike Clanton. Since their discovery, Terry has unsuccessfully tried to interest Tombstone city officials in exhuming

615-689: A brutal thug in John Sturges' film Gunfight at the O.K. Corral (1957). In Sturges' sequel, Hour of the Gun (1967), he is portrayed by Robert Ryan as a sophisticated man. Clanton appears in the Doctor Who story " The Gunfighters " (1966), played by William Hurndell, which is largely based on the Sturges film. In 1957, Kelo Henderson played Clanton in an episode of Dale Robertson 's NBC series, Tales of Wells Fargo . From 1959 to 1960,

738-485: A day laborer, a gold miner, a farmer, and by the late 1870s, a cattleman in Arizona Territory . Clanton's mother died in 1866. Ike stayed with the family when they moved to Tombstone, Arizona Territory , around 1877 (before Tombstone became a town or even a mining center). At that time, Newman Clanton was living with his sons Phin (or "Fin"), Ike, and Billy. By 1878 Ike was running a small "lunch counter" at

861-464: A fifth man (unknown to Clanton and to history), until morning. At about dawn on October 26, the card game broke up and Behan and Virgil Earp went home to bed. Clanton testified later that he saw Virgil take his six-shooter out of his lap and stick it in his pants when the game ended. Not having rented a room, McLaury and Clanton had no place to go. Shortly after 8:00 am barkeeper E. F. Boyle spoke to Clanton, who had been drinking all night, in front of

984-632: A firearm. This permitted a traveler to keep his firearms if he was proceeding directly to a livery, hotel or saloon. A man named Coleman told Virgil that the Cowboys had left the Dunbar and Dexter Stable for the O.K. Corral and were still armed, and Virgil decided they had to disarm them. The three main Tombstone corrals were all west of 4th street, a block or two from where Wyatt saw the Cowboys buying cartridges. Cochise County Sheriff Johnny Behan ,

1107-515: A friend to the Cowboys, later testified that he first learned of the trouble while he was getting a shave at the barbershop after 1:30 pm, which is when he had risen after the late-night game. Behan stated he immediately went to locate the Cowboys. At about 2:30 pm he saw both Clantons and both McLaurys gathered off Fremont street in a narrow 15–20 feet (4.6–6.1 m) wide empty lot or alley immediately west of 312 Fremont Street, which contained Fly's 12-room boarding house and photography studio. The lot

1230-471: A ranch in a valley outside Tombstone that was likely used for selling stolen Mexican beef. He was assisted by his sons Ike , Billy , and Phin Clanton . Old Man Clanton was involved in the robbery, murder, and torture of a number of Mexican smugglers who were ambushed on their way to Tucson in the 1879 Skeleton Canyon Massacre . He was killed on August 13, 1881, by Mexican soldiers in a retaliatory raid along

1353-480: A ranch they named the Cienega Amarilla, near Springerville, Arizona . On November 6, 1885, local rancher Isaac Ellinger and Pratt Plummer had dinner with the Clanton brothers and Lee Renfro. After the meal, Ike, Renfro, and Ellinger went into a cabin on the Clanton ranch when for unknown reasons Renfro shot and killed Ellinger. Ellinger's older brother William Ellinger was one of the biggest cattlemen in

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1476-474: A shooting. The Clanton Ranch grew into a successful enterprise. During his testimony after the shootout at the O.K. Corral , Clanton claimed to have raised and purchased about 700 head of cattle during the past year, and the Clanton ranch was one of the most profitable cattle ranches in that part of the country. However, the Clantons never registered a brand in either Cochise County or Pima County which

1599-565: A story of abuse that he had suffered at the hands of the Earps and Holliday the night before the gunfight. He denied having threatened the Earps. He testified that the Clantons and Frank McLaury raised their hands after Virgil's command, and Tom thrust open his vest to show he was unarmed. Clanton said Wyatt shoved his revolver in his belly, telling him, "You son-of-a-bitch, you can have a fight!". Clanton backed up Cochise County Sheriff Johnny Behan 's testimony that Holliday and Morgan Earp had fired

1722-479: A tour of Arizona's eastern and southern counties, recommended suspension of the Posse Comitatus Act to allow the U.S. Army to aid in restoring order. On the basis of the recommendations of Sherman and Tritle, and following consultation with members of the U.S. Senate , President Arthur issued a decree on May 3, 1882, threatening to use military force if the criminal element did not disperse. The use of

1845-411: A wolf or other wild animal. Women were declared "waived" rather than outlawed, but it was effectively the same punishment. Among other forms of exile , Roman law included the penalty of aquae et ignis interdictio ("interdiction of water and fire"). Such people penalized were required to leave Roman territory and forfeit their property. If they returned, they were effectively outlaws; providing them

1968-541: Is about the only place left for them to operate in as an organization. With a complete breaking up of their company threatened in event of losing their hold where they are now, they resist official interference with the greatest desperation. He estimated that the Cowboys numbered nearly 200, and that during his time in Cochise Territory about 50 had been killed. A modern estimate puts the number of Cowboys at about 300. Many modern writers consider them to be one of

2091-455: Is an outlaw in the second sense but not the first ( Sándor Rózsa was tried and sentenced merely to a term of imprisonment when captured). In the common law of England , a "writ of outlawry" made the pronouncement Caput lupinum ("[Let his be] a wolf's head"), equating that person with a wolf in the eyes of the law. Not only was the subject deprived of all legal rights, being outside the "law", but others could kill him on sight as if he were

2214-412: Is declared outside protection of law in one jurisdiction but who receives asylum and lives openly and obedient to local laws in another jurisdiction is an outlaw in the first meaning but not the second (one example being William John Bankes ). A fugitive who remains formally entitled to a form of trial if captured alive but avoids capture because of the high risk of conviction and severe punishment if tried

2337-515: Is hereby declared unlawful to carry in the hand or upon the person or otherwise any deadly weapon within the limits of said city of Tombstone, without first obtaining a permit in writing. Section 2: This prohibition does not extend to persons immediately leaving or entering the city, who, with good faith, and within reasonable time are proceeding to deposit, or take from the place of deposit such deadly weapon. Section 3: All fire-arms of every description, and bowie knives and dirks, are included within

2460-676: The Nuggett said after the gunfight that the Cowboys' funeral "was the largest ever witnessed in Tombstone." At about 11:30 pm on December 28, 1881, Virgil Earp was ambushed on the streets of Tombstone by hidden assailants shooting from the second story of an unfinished building as he walked from the Oriental Saloon to his room. The Sacramento Daily Record-Union reported that "he was fired upon with double-barreled shotguns, loaded with buckshot, by three men concealed in an unfinished building diagonally across on Allen street." Virgil

2583-566: The State Opening of Parliament ), romanticised outlaws became stock characters in several fictional settings. This was particularly so in the United States, where outlaws were popular subjects of 19th-century newspaper coverage and stories and 20th-century fiction and Western movies . Thus, "outlaw" is still commonly used to mean those violating the law or, by extension, those living that lifestyle, whether actual criminals evading

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2706-414: The U.S.–Mexican border , as well as other acts of banditry and murder. Clanton's notoriety is based largely on his conflict with Wyatt Earp and Wyatt's friend Doc Holliday . The Earps and the Clantons had political, personal, and legal differences and the animosity between them grew throughout 1881. The Cowboys supported incumbent Sheriff Charles Shibell while the Earps supported his opponent Bob Paul in

2829-917: The strongboxes , and strong-armed passengers for their valuables. In some instances they killed drivers and passengers. Tombstone, Arizona , was one of the last frontier towns in the American Old West . Outlaws from all parts of the Western territories felt the pressures of encroaching civilization and the increased presence of lawmen and the courts, backed by growing populations of farmers and citizens desiring law and order. The town had boomed in less than 18 months from about 100 miners living in tents and shacks to more than 7,000 people by December 1, 1879 , when Virgil , Wyatt , and Morgan Earp arrived in Tombstone. Virgil Earp had been appointed Deputy U.S. Marshal for eastern Pima County in Prescott and

2952-457: The Benson stage holdup, or else the cover-up of the robbery by allowing the robbers' escape. Clanton proved a better witness for the defense than the prosecution. He said that Doc Holliday, Virgil Earp, Wyatt Earp, and Morgan Earp had all confided in him that they had actually been involved in the stage robbery. He further claimed that Holliday had told him that Holliday had "piped off" money from

3075-627: The Benson stage robbery. On October 25, 1881, while Clanton was in Tombstone, drunk and very loud, Holliday accused him of lying about the Benson stagecoach robbery. Tombstone City Marshal Virgil Earp intervened and threatened to arrest both Holliday and Clanton if they did not stop arguing, and Holliday went home. After the confrontation with Clanton, Wyatt Earp took Holliday back to his boarding house at Camillus Sidney "Buck" Fly's Lodging House to sleep off his drinking, then went home and to bed. Tombstone Marshal Virgil Earp played cards with Clanton, Tom McLaury, Cochise County Sheriff Johnny Behan and

3198-531: The Cartagena fleet to be " piratic ", which allowed any nation to prey on it. Taking the opposite road, some outlaws became political leaders, such as Ethiopia 's Kassa Hailu who became Emperor Tewodros II of Ethiopia . Though the judgment of outlawry is now obsolete (even though it inspired the pro forma Outlawries Bill which is still to this day introduced in the British House of Commons during

3321-476: The Clantons and their friends. The indictments included charges of cattle-rustling and murder for the death of Isaac Ellinger. Brighton pursued Clanton. After three days, he spent the night of May 31, 1887, at Jim "Peg Leg" Wilson's Ranch on Eagle Creek, south of Springerville. The next morning Clanton rode up and Brighton recognized him. Clanton turned his horse to run and drew his rifle from his scabbard . Brighton fired his rifle first, shooting Clanton through

3444-501: The Clantons had gathered on Fremont Street and were armed. He decided he had to act. Several members of the citizen's vigilance committee offered to support him with arms, but Virgil said no. He had previously deputized Morgan and Wyatt and also deputized Doc Holliday that morning. Wyatt spoke of his brothers Virgil and Morgan as the "marshals" while he acted as "deputy." Witnesses later testified that Ike Clanton had spent all day, even after his arrest and disarming, threatening to gun down

3567-535: The Cowboys and rural ranchers. He grew to intensely dislike the Earps. Behan tended to ignore the Earps' complaints about the McLaurys' and Clantons' horse thieving and cattle rustling. As officers of the law, the Earps were known to bend the law in their favor when it affected their gambling and saloon interests, which earned them further enmity from the Cowboy faction. Under the surface were other tensions aggravating

3690-408: The Cowboys spread from coast to coast. Well-known members of the group included Ike , Billy , and Phineas Clanton , Frank and Tom McLaury , Curly Bill Brocius , Billy Claiborne , Johnny Ringo , Frank Stilwell , Pony Diehl , Pete Spence , and Harry Head . Virgil Earp thought that some of the Cowboys had met at Charleston, Arizona , and taken "an oath over blood drawn from the arm of Ringo,

3813-465: The Cowboys under control. In a report to Washington, D.C., in September 1881, Gosper expressed his dismay with both lawmen: The cowboy element at times very fully predominates, and the officers of the law are either unable or unwilling to control this class of outlaws, sometimes being governed by fear, at other times by a hope of reward. At Tombstone, the county seat of Cochise County, I conferred with

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3936-553: The Cowboys were "saddlers", men who lived in the saddle. Their primary occupation was raiding haciendas in Sonora , Mexico, for cattle. They sold the cattle in Tombstone to cooperative butchers. When they couldn't find cattle to steal, they robbed stages and engaged "in similar enterprises". He said that as soon as they had money to spend, they roared into Tombstone to spend it freely in the saloons, brothels, and " faro banks". The Cowboys' generous spending habits earned them friends among

4059-597: The Deputy US Marshal, Mr. Earp, I found precisely the same spirit of complaint existing against Mr. Behan (the Sheriff) and his deputies. Many of the very best law-abiding and peace-loving citizens have no confidence in the willingness of the civil officers to pursue and bring to justice that element of outlawry so largely disturbing the sense of security, and so often committing highway robbery and smaller thefts. The opinion in Tombstone and elsewhere in that part of

4182-473: The Earp brothers and Holliday had insulted him, and that when he was armed he intended to shoot them or fight them on sight. On the morning of the shooting Virgil Earp had arrested him for carrying a revolver. At the gunfight, he was unarmed. Spicer noted that Clanton had claimed the Earps were out to murder him, yet on both occasions that day the Earps had not killed him, and allowed him to escape unchallenged during

4305-889: The Earps and Holliday left the Arizona Territory in late April, 1882. After the Gunfight at the OK Corral, the Clantons bought land near a ranch owned by their sister Mary. Phin arrived in June and Ike in August 1882. By 1885, each had a 160-acre ranch 10 miles east of Springerville near the New Mexico border. By 1885, the Clanton gang included Lee Renfro, G.W. “Kid” Swingle, Longhair Sprague, Billy Evans, and Clanton's brother-in-law, Ebin Stanley. They moved their operations to

4428-530: The Earps within the previous two hours. The incidents had generated a lot of talk in town. Angrily, Frank said he would not drink, and he and Billy left the saloon immediately to seek Tom. By law, both Frank and Billy should have left their firearms at the Grand Hotel. Instead, they remained fully armed. The city statute was not specific about how far a recently arrived visitor might "with good faith, and within reasonable time" travel into town while carrying

4551-408: The Earps. However, when the gunfight broke out, Clanton ran forward and grabbed Wyatt, exclaiming that he was unarmed and did not want a fight. To this protest Wyatt said he responded, "Go to fighting or get away!"." Clanton ran through the front door of Fly's boarding house and escaped, unwounded. In the days before the gunfight, Clanton had enlisted the help of fellow Cowboy Billy Claiborne , who

4674-580: The Gun " (1969), Captain James T. Kirk ( William Shatner ) plays the part of Clanton throughout the episode as part of an alien illusion test. DeForest Kelley (Dr. Leonard McCoy ) also played Clanton in an episode of the CBS television series You Are There prior to Star Trek . Michael Witney played Clanton in Doc (1971). Stephen Lang played Clanton in the movie Tombstone (1993), which draws heavily on

4797-630: The March 15, 1881, robbers of the Benson Stage (in which the driver and a passenger were killed) would help him win the sheriff's office. Earp later said that on June 2, 1881, he offered the Wells, Fargo & Co. reward money and more to Clanton if he would provide information leading to the capture or death of the stage robbers. According to Earp, the plan was foiled when the three suspects, Leonard, Head and Crane, were killed in unrelated incidents. In

4920-469: The McLaurys and the Clantons to be outlaw cowboys. Billy Claiborne fled the Tombstone gunfight and later claimed he was unarmed. Frank McLaury was known as a good shot. Ike Clanton was not well liked because of his drunkenness. His brother Billy was considered level-headed and hard-working. Some townspeople were particularly fond of young Tom McLaury. Billy Clanton and the McLaurys were landowners and commanded some respect in town. The men were so popular that

5043-567: The Mexican border at Guadalupe Canyon . Ike Clanton repeatedly threatened the Earps and Doc Holliday in the days leading up to the shoot-out on October 26 at the OK Corral. Unarmed, he ran from the gunfight. Frank Stilwell had previously been accused and acquitted of two murders. He was named a deputy county sheriff by Cochise County Sheriff Johnny Behan in April 1881. He was dismissed four months later for "accounting irregularities" relating to

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5166-729: The November 1880 election. Clanton repeatedly boasted in public, drank heavily, and had a quick temper. He was well known for talking too much. In November 1879, shortly after arriving in Tombstone, Earp had a horse stolen. More than a year later, probably sometime in December 1880, Earp was told the horse was being used near Charleston, and Wyatt and Holliday were forced to ride to the Clanton's ranch near Charleston to await ownership papers in order to legally recover it. According to Wyatt's testimony later, 18-year-old Billy Clanton asked him insolently if he had any more horses to "lose," but he gave

5289-470: The O.K. Corral. He was suspected of involvement in numerous robberies and cattle rustling and of involvement in the theft of US Army mules, along with Sherman McMaster . McMaster had been a Texas Ranger in 1878–79, during which time his unit captured and held Curly Bill Brocius as prisoner for five months. He was also accused of stealing U.S. Army mules and of robbing a stage with outlaw Pony Diehl. The Clanton family, led by Newman Haynes Clanton , had

5412-703: The Queen's subjects, "whether a constable or not", and without "being accountable for using of any deadly weapon in aid of such apprehension." Similar provisions were passed in Victoria and Queensland . Although the provisions of the New South Wales Felons Apprehension Act were not exercised after the end of the bushranging era, they remained on the statute book until 1976. There have been several instances in military and political conflicts throughout history whereby one side declares

5535-527: The Sheriff upon the subject of breaking up these bands of outlaws, and I am sorry to say he gave me but little hope of being able in his department to cope with the power of the cowboys. He represented to me that the Deputy U.S. Marshal, resident of Tombstone, and the city Marshal for the same, seemed unwilling to heartily cooperate with him in capturing and bringing to justice these outlaws. In conversation with

5658-775: The Springerville area to Clifton and southern Arizona by way of the Blue River down to Eagle Creek. In April 1887, the Apache County Stock Association met and hired a Pinkerton detective to track down the outlaws. They also hired Jonas "Jake" V. Brighton as a “secret service” officer. Brighton was a constable in Springerville and a range detective. In April, 1887, Phin Clanton was arrested for rustling and jailed in St. Johns. During May and June 1887, several grand jury indictments were brought against

5781-475: The Territory is quite prevalent that the civil officers are quite largely in league with the leaders of this disturbing and dangerous element. Something must be done, and that right early, or very grave results will follow. It is an open disgrace to American liberty and the peace and security of her citizens, that such a state of affairs should exist. To counter the ongoing problems with weapons in Tombstone,

5904-561: The Tombstone Mill site (now Millville on the San Pedro River—not in modern Tombstone). By 1881, however, he was working on his father's ranch at Lewis Springs, about 12 miles (19 km) west of Tombstone and 5 miles (8.0 km) from Charleston . The Clantons and their ranch hands and associates were known as the " Cowboys ", and they had a reputation for reckless behavior. They were accused of cattle rustling from across

6027-476: The U.S. Army in a search. They found the animals on the McLaurys' ranch on the Babacomari River. They also found the branding iron used to change the "US" brand to "D8". Frank Patterson and other Cowboys promised to return the mules but showed up two days later without the animals and laughed at the lawmen. Pony Diehl was mentioned in the records of the events leading up to and after the Gunfight at

6150-410: The U.S. Army to enforce the law was not necessary, as the outlaw cowboy problem diminished over the next few months. Outlaw An outlaw , in its original and legal meaning, is a person declared as outside the protection of the law . In pre-modern societies, all legal protection was withdrawn from the criminal, so anyone was legally empowered to persecute or kill them. Outlawry was thus one of

6273-564: The West with ranches in several states and territories. William learned that his brother had lived four days, long enough to call the shooting “coldblooded murder.” William and Isaac were members of the Apache County Stock Association and William had a lot of political clout. On December 25, 1886—Christmas Day—Evans, wanting to see “if a bullet would go through a Mormon,” shot and killed Jim Hale in cold blood. The Clantons had been suspected for some time of rustling cattle, taking stolen livestock from

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6396-453: The actor John Milford portrayed Clanton in eight episodes of the ABC / Desilu television series , The Life and Legend of Wyatt Earp . He was later replaced in the role by Rayford Barnes . Clanton was played by William Tannen in the episode "After the OK Corral" of the syndicated western anthology series, Death Valley Days . In the original Star Trek series episode " Spectre of

6519-476: The adoption of international extradition pacts. It was obsolete when the offence was abolished in 1938. Outlawry was, however, a living practice as of 1855: in 1841, William John Bankes , who had previously been an MP for several different constituencies between 1810 and 1835, was outlawed by due process of law for absenting himself from trial for homosexuality and died in 1855 in Venice as an outlaw. There

6642-1039: The ancient Norse and Icelandic legal code . In early modern times, the term Vogelfrei and its cognates came to be used in Germany, the Low Countries , and Scandinavia , referring to a person stripped of his civil rights being "free" for the taking like a bird. In Germany and Slavic countries during the 15th to 19th centuries, groups of outlaws were composed of former prisoners, soldiers, etc. Hence, they became an important social phenomenon. They lived off of robbery, and local inhabitants from lower classes often supported their activity. The best known are Juraj Jánošík and Jakub Surovec in Slovakia, Oleksa Dovbush in Ukraine, Rózsa Sándor in Hungary, Schinderhannes and Hans Kohlhase in Germany. The concept of outlawry

6765-518: The attempted assassination of Virgil Earp on December 30, 1881, but other Cowboys provided an alibi and he was released. Six years later Clanton was killed attempting to flee when he was shot by a lawman seeking to arrest him for cattle-rustling . Born in Callaway County, Missouri , Joseph Isaac "Ike" Clanton was one of seven children of Newman Haynes Clanton (1816–1881) and his wife Mariah Sexton (Kelso) Clanton. His father worked at times as

6888-425: The ball entering under the left arm and passing directly through the heart and out under the right arm. Ike reeled in his saddle and fell on the right side of his horse, his rifle falling on the left. Before the fall, Brighton fired a second shot which passed through the cantle of the saddle and grazed Ike's right leg. When Brighton and Miller walked up to where Ike lay they found he was dead. Mr. Wilson, at whose ranch

7011-455: The biggest city in the county and the county seat, its city council passed an ordinance on April 19, 1881, that prohibited carrying a deadly weapon in town. It required everyone to deposit weapons at a livery or saloon soon after entering town. As City Marshal, Virgil Earp was charged with enforcing this ordinance. Effective April 19, 1881, Tombstone City Ordinance Number 9 states: To Provide against Carrying of Deadly Weapons Section 1. It

7134-565: The border to sell in the United States . Some modern writers consider them to be an early form of organized crime in America. In response, the Mexican government eventually lowered tariffs and added forts along the border making cross-border rustling and smuggling less attractive. The Cowboys then began to steal cattle and horses from neighboring American ranches, reselling them to unscrupulous butchers. They held up stagecoaches , stole

7257-463: The border, making smuggling a profitable enterprise. The outlaw Cowboys in Cochise County were not organized, and their acts of violence, rustling or robbery were usually committed by independent groups of Cowboys. Newman Haynes Clanton , also known as "Old Man Clanton", Ike's father, ran a ranch near the Mexican border that served as a waystation for much of the smuggling carried out by

7380-439: The businessmen in town, who welcomed them. There the Cowboys freely expressed their opinions publicly, loudly, and with little opposition. When the Cowboys broke the law, the businessmen feared alienating their customers and hesitated to support lawmen when they confronted cattle thieves or stage robbers. Virgil Earp said that a lawman "doing his duty must rely almost entirely upon his own conscience for encouragement. The sympathy of

7503-497: The cattle business indiscriminately, while still including some honest persons, has been narrowed down to be chiefly a term of reproach for a class of stealers of cattle, over the Mexican frontier, and elsewhere, who are a terror in their day and generation. There were said to be strongholds in the San Simon Valley where the bandits concealed stolen cattle until they were rebranded and sent to market, and where no officer of

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7626-556: The collection of taxes. Law enforcement officers who came into conflict with the Cowboys included Fred White , who was killed by Curly Bill Brocius in what was ruled an accidental shooting. Virgil Earp was at times both U.S. Deputy Marshal for the Southeast Arizona Territory and Tombstone City Marshal. Wyatt Earp had been the Pima County deputy sheriff from June to November 1880 . On June 28, 1881, Virgil

7749-967: The courthouse, which Clanton declined. Clanton also denied ever threatening the Earps. Clanton was fined $ 25 plus court costs and after paying the fine left unarmed. Virgil Earp told Clanton he would leave Clanton's confiscated rifle and revolver at the Grand Hotel which was favored by Cowboys when in town. Clanton testified that he picked up the weapons from William Soule, the jailer, a couple of days later. At around 1:30–2:00 pm, after Tom McLaury had been pistol-whipped by Wyatt, Clanton's 19-year-old younger brother Billy Clanton and Tom's older brother Frank McLaury arrived in town. They had heard from their neighbor, Ed Frink, that Clanton had been stirring up trouble in town overnight, and they had ridden into town on horseback to back up their brothers. They arrived from Antelope Springs, 13 miles (21 km) east of Tombstone, where they had been rounding up livestock with their brothers and had breakfasted with Clanton and Tom McLaury

7872-654: The cowboy gang threatened the lives of Mayor Clum, Judge Spicer, Marshall Williams, agent of Wells, Fargo & Co., Earp and Holliday, and this is an attempt to carry the threats into execution." At 10:50 pm on Saturday, March 18, 1882, after returning from a musical at Schieffelin Hall , Morgan Earp was playing a late round of billiards at the Campbell & Hatch Billiard Parlor against owner Bob Hatch. Dan Tipton, Sherman McMaster, and Wyatt watched, having received threats that same day. An assailant shot Morgan through

7995-464: The cowboys before the Gunfight at the OK Corral. After the gunfight on October 26, 1881, in which three Cowboys died, the Earps and Holliday had to defend themselves against murder charges filed by Ike Clanton. The defendants cited the weapons ordinance during the preliminary hearing held by Justice Wells Spicer . In his ruling exonerating the lawmen of murder, Judge Spicer described Frank McLaury 's insistence that he would not give up his weapons unless

8118-509: The day before. Both Frank McLaury and Billy Clanton were each armed with a revolver and a rifle, as was the custom for riders in the country outside Tombstone. Apache warriors had engaged the U.S. Army near Tombstone just three weeks before the O.K. Corral gunfight, so the need for weapons outside of town was well established and accepted. Billy and Frank stopped first at the Grand Hotel on Allen Street, and were greeted by Doc Holliday. They learned immediately after of their brothers' beatings by

8241-486: The door, to be ready to render any assistance needed, and when Ike saw him he wheeled his horse and attempted to get under cover of the thick cover which grows close to Wilson's home, at the same time pulling his Winchester from its scabbard. Both Brighton and Miller ordered him to halt but instead of doing so, when about twenty yards distant where the trail took a turn to the left, he threw his rifle over his left arm attempting to fire; at this instance Detective Brighton fired,

8364-400: The fight. Spicer wrote, "the great fact, most prominent in the matter, to wit, that Isaac Clanton was not injured at all, and could have been killed first and easiest." Clanton was later accused, along with his brother, Phin Clanton, and friend Pony Diehl , of attempting to kill Virgil Earp on December 30, 1881, a shooting which left Virgil with a crippled left arm. Though Ike Clanton's hat

8487-525: The first and earliest forms of organized crime syndicates in American history. Many of the ranchers and cowboys who lived in the countryside were resentful of the growing power of industrialists from northern states, who increasingly influenced local politics and law in the county. The ranchers largely maintained control of the country around Tombstone, in large part because of the sympathetic support of Cochise County Sheriff Johnny Behan , who favored

8610-434: The first two shots and that the next several shots also came from the Earp party. Under cross-examination , Clanton told a story of the lead-up to the gunfight that did not make sense. He said the Benson stage robbery was concocted by the Earps and Holliday to cover up money they had "piped off" to pay bribes. Clanton also claimed that Doc Holliday and Morgan, Wyatt, and Virgil Earp had separately confessed to him their role in

8733-445: The formal procedure of declaring someone an outlaw, i.e., putting him outside legal protection. In the common law of England , a judgment of (criminal) outlawry was one of the harshest penalties in the legal system since the outlaw could not use the legal system for protection, e.g., from mob justice . To be declared an outlaw was to suffer a form of civil or social death. The outlaw was debarred from all civilized society. No one

8856-578: The harshest penalties in the legal system. In early Germanic law , the death penalty is conspicuously absent, and outlawing is the most extreme punishment, presumably amounting to a death sentence in practice. The concept is known from Roman law , as the status of homo sacer , and persisted throughout the Middle Ages . A secondary meaning of outlaw is a person systematically avoiding capture by evasion and violence. These meanings are related and overlapping but not necessarily identical. A fugitive who

8979-410: The horse up without first being shown the ownership papers, demonstrating to Wyatt that Billy Clanton knew to whom the horse belonged. Sheriff Johnny Behan later testified that the incident had angered Ike Clanton. It also angered Earp. After he was passed over by Johnny Behan for the position of undersheriff , Earp thought he might beat him in the next Cochise County election. He thought catching

9102-541: The hotel. "One shot struck him above the groin, coming out near the spine." The humerus bone in his upper arm was longitudinally fractured. The Los Angeles Daily Herald reported that the "cow-boys are bent on vengeance for the slaughter of their compañeros a few weeks ago." "The doctor says there are four chances in five that he will die." Virgil upper left arm was shattered, and a doctor removed 5.5 inches (140 mm) of humerus bone and his elbow, leaving his arm useless. The Sacramento Daily Record-Union wrote that "Long ago

9225-535: The law dared to venture. They looked upon rustling cattle from Mexico only as a more dashing form of smuggling, though it was marked by frequent bloody conflicts on both sides. On September 16, 1881, thirty days before the Gunfight at the O.K. Corral , The Tombstone Epitaph wrote about the "Cow-boy Nuisance" in Arizona: It has come to pass in this county that life and personal property are unsafe; even in

9348-404: The law or those merely opposed to "law-and-order" notions of conformity and authority (such as the " outlaw country " music movement in the 1970s). Ike Clanton Joseph Isaac Clanton (c.1847 – June 1, 1887) was a member of a loose association of outlaws known as The Cowboys who clashed with lawmen Wyatt , Virgil and Morgan Earp as well as Doc Holliday . On October 26, 1881, Clanton

9471-475: The law, while others, not inclined to work, daily join the band and they are increasing fast in numbers. Our town is filled with spies watching every move of the officers and imparting their information to their comrades... Men who come to examine different mines outside of town, when they learn how the cow-boys stand fellows up, do not wish to run such risks; they quietly take the road they came and get into civilization as soon as possible. The notoriety and power of

9594-513: The leader, that they would kill us." Three Cowboys were killed by lawmen in the Gunfight at the O.K. Corral on October 26, 1881. Others were later accused of trying to kill Virgil Earp and of assassinating Morgan Earp . Wyatt Earp's posse killed four more Cowboys when they ran down those identified as taking part in the attacks on his brothers. Virgil Earp told the Arizona Daily Star on May 30, 1882, that: They know that Arizona

9717-435: The left side, the bullet exiting out the right. Clanton died before he hit the dirt. A reporter who corresponded with Brighton in late June 1887 relayed Brighton's story about the arrest and shooting: The next morning, while they were at breakfast, Ike Clanton came riding up to the front door. Mr. Brighton got up from the table, walked to the door, and was familiarly saluted by him. Just at this time, Mr. Miller stepped to

9840-406: The marshal and his deputies also gave up their arms as a "proposition both monstrous and startling!" Virgil Earp had been appointed the Deputy U.S. Marshal for eastern Pima County on November 27 , 1880, before he arrived in Tombstone. Wyatt Earp was appointed assistant sheriff for Pima County from July 27 to November 9 , 1880. After Town Marshal Fred White was killed on October 30 , 1880, Virgil

9963-754: The other as being "illegal", notorious cases being the use of proscription in the civil wars of the Roman Republic . In later times there was the notable case of Napoleon Bonaparte whom the Congress of Vienna , on 13 March 1815, declared had "deprived himself of the protection of the law" . In modern times, the government of the First Spanish Republic , unable to reduce the Cantonal rebellion centered in Cartagena, Spain , declared

10086-412: The outlaw cowboys waned. Arizona Territory Governor Frederick Tritle visited Tombstone on April 3, 1882, and put a posse of 30 men under the command of Deputy U.S. Marshal J.H. Jackson. Because Arizona was still a territory, Congress approved all of its expenditures. Tritle telegraphed President Chester A. Arthur and asked for an appropriation of $ 150,000 from Congress to pay for the costs of rooting out

10209-599: The outlaws. On August 12, 1881, Old Man Clanton and six other men were herding stolen cattle sold to him by Curly Bill Brocius through Guadalupe Canyon near the Mexican border. Around dawn, they were ambushed by Mexicans dispatched by Commandant Felipe Neri in the Guadalupe Canyon Massacre . Old Man Clanton and five other men were killed in the ambush. Clanton had told others that Doc Holliday , Virgil Earp , Wyatt Earp , and Morgan Earp had all confided in him that they had actually been involved in

10332-473: The owner of the Oriental Saloon, was also from Dodge City. Other known Cowboys included Billy Claiborne , Curly Bill Brocius , Johnny Ringo , Frank Patterson, Milt Hicks , Bill Hicks , Bill Johnson , Ed Lyle , and Johnny Lyle . In February 1882 , Diehl was running from the law, as a warrant was issued for his arrest relating to a January 1882 stagecoach robbery. He eventually was arrested for numerous crimes, including cattle rustling and robbery, and

10455-667: The possibility of being declared an outlaw for derelictions of civil duty continued to exist in English law until the passing of the Civil Procedure Acts Repeal Act 1879 ( 42 & 43 Vict. c. 59) in 1879 and in Scots law until the late 1940s. Since then, failure to find the defendant and serve process is usually interpreted in favour of the plaintiff, and harsh penalties for mere nonappearance (merely presumed flight to escape justice) no longer apply. Outlawry also existed in other ancient legal codes, such as

10578-412: The prohibition of this ordinance. The initial version of Ordinance No. 9, in effect in April, 1880 unintentionally allowed individuals to carry deadly weapons in plain sight , only banning concealed weapons . It had little effect and the later version was passed with the intent to prevent carrying any deadly weapons without a permit. The revised version was in effect when Virgil Earp attempted to disarm

10701-614: The remains and re-interring them in Tombstone's famous Boot Hill graveyard . Clanton has been portrayed in a number of films and television series since the 1940s, many of which were highly fictionalized. Clanton was played by Victor Jory in Tombstone, the Town Too Tough to Die (1942). Clanton was portrayed by Grant Withers in the John Ford classic My Darling Clementine (1946). Lyle Bettger portrayed Clanton as

10824-515: The respectable portion of the community may be with him but it is not openly expressed." The lines were not always distinct between the outlaw element and law enforcement. Doc Holliday had a reputation as a killer. He was friends with Bill Leonard, who was implicated in a stagecoach robbery. On March 15 , 1881, three Cowboys tried to rob a Kinnear & Company stagecoach carrying US$ 26,000 in silver bullion (about $ 820,883 in today's dollars) near Drew's Station, just outside Contention City . It

10947-401: The robbery. Clanton said he feared that Wyatt wanted to kill him because he knew of Wyatt's role. These and other inconsistencies in Clanton's testimony lacked credibility. By the time Clanton finished his testimony, the entire prosecution case had become suspect. Judge Spicer exonerated the lawmen. In his ruling, he noted that Clanton had the night before, while unarmed, publicly declared that

11070-514: The scene of Virgil's shooting, but on February 2 , 1882, seven Cowboys provided him with an alibi, saying that he was in Charleston at the time. Charges were dismissed for lack of evidence. Pete Spence , Frederick Bode , Frank Stilwell , "Indian Charlie" Cruz , and one other individual were identified as suspects in Morgan's murder. The judge could not indict them because the primary witness

11193-622: The shooting occurred, notified the nearest neighbors and four men came over and identified the deceased and assisted in giving him as decent a burial as circumstances would admit. A conflicting source stated that his body was left where it fell for several days until nearby Mormon ranchers buried him in an unmarked grave in the Mormon cemetery southeast of Eagar, Arizona , on what is today called "The 26 Bar Ranch". Some modern writers wonder if Brighton simply used resisting arrest as an excuse to explain his assassination of Clanton. In late June 1996

11316-400: The shotgun to Doc Holliday who hid it under his overcoat. He took Holliday's walking-stick in return. From Spangenberg's, the Cowboys moved to the O.K. Corral where witnesses overheard them threatening to kill the Earps. They then walked a block north to an empty lot next to C. S. Fly's boarding house where Doc Holliday lived. Virgil Earp was told by several citizens that the McLaurys and

11439-452: The simmering distrust. Most of the Cowboys were Democrats and Confederate sympathizers from southern states, especially Texas. They considered the business owners and the lawmen, especially the Earps, to be Northern Republican carpetbaggers . Traditional, southern-style, " small-government " agrarianism of the rural bandit cowboys conflicted with Northern-style " big-government " oriented towards development. According to Virgil Earp,

11562-415: The stage before it left (although no money was missing, and the stage had not been successfully robbed). Clanton also said Holliday had confessed to him about killing the stage driver. Murder was a capital offense , and given their relationship, it was unlikely Holliday would confide in Clanton. Clanton testified that Earp had threatened to kill his confederates because he feared they would reveal his part in

11685-492: The street that the ball would open." Clanton said in his testimony afterwards that he remembered neither meeting Boyle nor making any such statements that day. Later in the morning, Clanton picked up his rifle and single-action revolver from the West End Corral, where he had stabled his wagon and team and deposited his weapons after entering town. By noon that day, Clanton, drinking again and armed, told others he

11808-496: The summer of 1881, Clanton got into an argument with gambler "Denny" McCann. On the morning of June 9, 1881, they were drinking in an Allen Street saloon when Clanton insulted McCann. McCann slapped Clanton, who left and fetched his pistol. McCann did the same and the two met on the street in front of the Wells Fargo office. They had already drawn their weapons when Tombstone Marshal Virgil Earp stepped between them, preventing

11931-494: The telegraph office. Boyle encouraged him to get some sleep, but Clanton insisted he would not go to bed. Boyle later testified he noticed Clanton was armed and covered his gun for him, recalling that Clanton told him "'As soon as the Earps and Doc Holliday showed themselves on the street, the ball would open—that they would have to fight' ... I went down to Wyatt Earp's house and told him that Ike Clanton had threatened that when him and his brothers and Doc Holliday showed themselves on

12054-568: The town of Tombstone it seems as if one of the leading industries is to be destroyed. There is not a teamster to-day who is not in fear and dread of the cow-boys, or so-styled "rustlers" depriving him of his hard earnings... How must such men feel to be robbed by a hand of thieves and cutthroats, who take pride in announcing to the public that they are "rustlers!" Where is the teamsters protection? Can you find any officers who will follow, arrest and recover your property? If you can, I would like to see him... These chaps seem to have no difficulty in evading

12177-404: The unlawful elements. He also asked for the power to suspend local officials for six months. The U.S. Congress was unwilling to allocate the funds needed to form such a group. Unable to create a group of rangers, Tritle instead called for the formation of volunteer militia to pursue hostile groups of Apache . To combat the depredations of the outlaw cowboys, General William T. Sherman , following

12300-431: The upper half of a four-pane windowed door that opened onto a dark alley. Morgan, about 10 feet (3.0 m) from the door, was struck in the right side and the bullet shattered his spine, passed through his left side, and entered the thigh of mining foreman George A. B. Berry. Another bullet lodged in the wall near the ceiling over Wyatt's head. Several men rushed into the alley but found the shooter had fled. After Morgan

12423-578: The use of fire or water was illegal, and they could be killed at will without legal penalty. The interdiction of water and fire was traditionally imposed by the tribune of the plebs and is attested to have been in use during the First Punic War of the third century BC by Cato the Elder . It was later also applied by many other officials, such as the Senate , magistrates , and Julius Caesar as

12546-561: Was Spence's wife, giving him protection under the law on spousal privilege . The Cowboys went free. Wyatt decided he had to take matters into his own hands. Newly named as Deputy US Marshal to replace Virgil, he assembled a posse including Warren Earp , Doc Holliday , and several cowboys. "Turkey Creek" Jack Johnson and Sherman McMaster guarded Virgil on his way to the train station in Tucson. The posse found Frank Stilwell lying in wait and killed him. A second person, possibly Ike Clanton,

12669-400: Was allowed to give him food, shelter, or any other sort of support—to do so was to commit the crime of aiding and abetting , and to be in danger of the ban oneself. A more recent concept of " wanted dead or alive " is similar but implies that a trial is desired (namely if the wanted person is returned alive), whereas outlawry precludes a trial. An outlaw might be killed with impunity, and it

12792-502: Was also a doctrine of civil outlawry. Civil outlawry did not carry the sentence of capital punishment. It was, however, imposed on defendants who fled or evaded justice when sued for civil actions like debts or torts. The punishments for civil outlawry were harsh, including confiscation of chattels (movable property) left behind by the outlaw. In the civil context, outlawry became obsolete in civil procedure by reforms that no longer required summoned defendants to appear and plead. Still,

12915-500: Was also seen but escaped. When Pima County issued warrants for the arrest of the Earps in the murder of Frank Stilwell in the Tucson railyards, Sheriff Behan deputized Johnny Ringo , Pete Spence , Johnny Barnes and about 17 other Cowboys to pursue and arrest the Earps. They were unsuccessful. Bat Masterson and Luke Short were faro dealers for Wyatt for a while at the Oriental Saloon, but both left in April 1881 . Lou Rickabaugh ,

13038-462: Was an outlaw. If a man was accused of treason or felony but failed to appear in court to defend himself, he was deemed convicted. If he was accused of a misdemeanour , then he was guilty of a serious contempt of court which was itself a capital crime. In the context of criminal law , outlawry faded out, not so much by legal changes as by the greater population density of the country, which made it harder for wanted fugitives to evade capture, and by

13161-499: Was appointed by Tombstone Mayor John Clum as the permanent Tombstone City Marshal and was paid $ 150.00 per month. He was to enforce all town ordinances, including the city's ban against carrying a deadly weapon. John J. Gosper , Secretary of State for the Arizona Territory and acting governor after John C. Frémont 's virtual abandonment of his post, interviewed both Sheriff Behan and Deputy U.S. Marshal (and Town Marshal) Virgil Earp. Behan and Earp blamed each other for failing to bring

13284-502: Was appointed to replace him, gaining the position permanently on June 2 , 1881. He hired his brother Morgan as a deputy town marshal and occasionally called on Wyatt for assistance. The Earps had repeated conflicts with some of the Cowboys, particularly Ike Clanton , Frank McLaury , and Tom McLaury . This tension eventually resulted in the Gunfight at the O.K. Corral, on October 26 , 1881. Frank, Tom, and Billy Clanton were killed during that shootout. Most historians have considered

13407-455: Was convicted and sentenced to five years in prison at Santa Fe, New Mexico . He escaped in February 1885 but was recaptured after four days. He was returned to prison and not released until March 1887, at which point his name disappeared from public records; by some accounts he died in a gunfight. With the deaths of several Cowboy leaders and the departure of the Earp family, the dominance of

13530-438: Was directed to relocate to Tombstone to concentrate on suppressing the Cowboys' illegal activities. He arrived with his brothers Wyatt and Morgan . Wyatt looked for business opportunities. When those didn't work out, Wyatt Earp started riding shotgun for Wells, Fargo & Co. , guarding their silver bullion shipments. He was appointed as a Pima County deputy sheriff from June 1880 until November of that year, and Virgil Earp

13653-410: Was en route from Tombstone to Benson, Arizona , the nearest rail terminal. The Cowboys were later identified as Bill Leonard, Harry "The Kid" Head , and Jim Crane, assisted by Luther King. The brothers Frank and Tom McLaury had a ranch outside Tombstone, which they may have used to receive and sell stolen Mexican cattle. When six U.S. Army mules were stolen from Camp Rucker , Wyatt Earp assisted

13776-610: Was found at the scene where the ambushers waited, a number of associates stood up for him, saying that he had been in Contention that night, and the case was dismissed for lack of evidence. On Saturday, March 18, 1882, Morgan Earp was killed by a shot through a door window facing a dark alley while playing billiards at Hatch's Saloon in Tombstone. Wyatt was shot at and missed. Wyatt Earp concluded that he could not rely on civil justice and decided to take matters into his own hands. He concluded that only way to deal with Morgan's murderers

13899-468: Was hired as Tombstone's city marshal in June 1881. The word cowboy did not begin to come into wider usage until the 1870s. The men who drove cattle for a living were usually called cowhands, drovers, or stockmen. While cowhands were still respected in West Texas, in Cochise County the outlaws' crimes and their notoriety grew such that during the 1880s it was an insult to call a legitimate cattleman

14022-469: Was hit in the back and left arm by three loads of buckshot from about 60 feet (18 m). The Crystal Palace Saloon and the Eagle Brewery beyond Virgil were struck by nineteen buckshot; three passed through the window and one about a foot over the heads of some men standing by a faro-table. George Parsons wrote that he heard "four shots in quick succession." Critically wounded, Virgil staggered into

14145-546: Was looking for Holliday or an Earp. At about 1:00 pm, Virgil and Morgan Earp surprised Clanton on 4th Street where Virgil pistol whipped him from behind. Disarming him, the Earps took Clanton to appear before Judge Wallace for violating the city's ordinance #9 against carrying firearms in the city. Virgil Earp went to find Judge Wallace so the court hearing could be held." Clanton reported in his testimony afterward that Wyatt Earp cursed him. He said Wyatt, Virgil, and Morgan Earp offered him his rifle and to fight him right there in

14268-402: Was not only lawful but meritorious to kill a thief fleeing from justice—to do so was not murder . A man who slew a thief was expected to declare the fact without delay; otherwise, the dead man's kindred might clear his name by their oath and require the slayer to pay weregild as for a true man. By the rules of common law, a criminal outlaw did not need to be guilty of the crime for which he

14391-407: Was present at the Gunfight at the O.K. Corral in the boomtown of Tombstone , Arizona Territory but was unarmed and ran from the gunfight, in which his 19-year-old brother Billy was killed. Clanton filed murder charges against the Earps and Holliday but after a 30-day preliminary hearing, Justice Wells Spicer ruled that the lawmen had acted within their lawful duty. Clanton was implicated in

14514-482: Was reintroduced to British law by several Australian colonial governments in the late 19th century to deal with the menace of bushranging . The Felons Apprehension Act (1865 No 2a) of New South Wales provided that a judge could, upon proof of sufficiently notorious conduct, issue a special bench warrant requiring a person to submit themselves to police custody before a given date, or be declared an outlaw. An outlawed person could be apprehended "alive or dead" by any of

14637-486: Was reputed to be good with a gun. Claiborne, who was also unarmed, fled the gunfight. Tom and Frank McLaury and Billy Clanton were killed. After the gunfight in Tombstone, during which the McLaury brothers and Billy Clanton were killed, Ike Clanton filed murder charges against the Earps and Doc Holliday. They were arrested and released on bail. During a month-long preliminary hearing before Judge Wells Spicer , Clanton told

14760-486: Was required to legally raise cattle. The Clantons were reputed to be among a group of outlaw Cowboys who crossed the border into Mexico where they stole cattle and re-sold them to the hungry miners in Cochise County. Curly Bill Brocius and Tom and Frank McLaury bought and sold stolen cattle to Old Man Clanton, among others. The Mexican government at the time placed high tariffs on goods transported across

14883-735: Was shot, his brothers tried to help him stand, but Morgan said "Don't, I can't stand it. This is the last game of pool I'll ever play." Morgan died less than an hour after he was shot. The main suspects in the ambush of Virgil Earp were Ike and Phin Clanton, and Pony Diehl. Wyatt was appointed as Deputy U.S. Marshal to replace Virgil; in turn, he deputized Sherman McMaster , "Turkey Creek" Jack Johnson , Origen Charles, Smith and Daniel "Tip" Tipton. On January 23 , 1882, Wyatt Earp obtained arrest warrants for Ike and Phin Clanton and Pony Diehl and led his posse after them. The lawmen searched in Charleston but were unsuccessful. Ike's hat had been found at

15006-482: Was six lots removed from the rear entrance to the O.K. Corral . When Virgil Earp learned that Wyatt was talking to the Cowboys at Spangenberg's gun shop he picked up a 10-gauge or 12-gauge, short, double-barreled shotgun from the Wells Fargo office around the corner on Allen Street. To avoid alarming Tombstone's public, Virgil returned to Hafford's Saloon carrying the shotgun under his long overcoat . He gave

15129-581: Was to kill them. Deputy U.S. Marshal Wyatt Earp led a federal posse that escorted Virgil Earp to the railroad, bound for his parents’ home in Colton, California . Wyatt shot and killed Frank Stilwell , who was lying in wait at the Tucson, Arizona , rail yard. A few days later Wyatt gathered a larger posse and set out on a vendetta , determined to mete out justice that had evaded him. Wyatt never located Clanton, although they killed three other outlaw Cowboys, and

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