From the Tombstone Daily Epitaph, the statement of Wyatt Earp on 17 November 1881
Q. What is your name and age?
A.
Wyatt S. Earp; 32 last March.
Q Where were you born?
A.
Monmouth, Warren County, Illinois.
Q. Where do you reside and how long have you resided there?
A.
Tombstone; since 1 December 1879.
Q. What is your business or profession?
A. Saloon keeper; have also been employed as a deputy sheriff, and also as a detective.
Q. Give any explanation you may think proper of the circumstances appearing in the testimony against you, and state any facts which you think will tend to your exculpation.
A. The difficulty between the deceased and myself originated first when I followed
Tom McLowry and
Frank McLowry, with
Virgil and
Morgan Earp and
Captain Hearst and four soldiers to look for six government mules which were stolen. A man named
Estes told us at
Charleston that we would find the mules at
McLowry's ranch, that the
McLowry’s were branding
D. S. over the
U. S. We tracked the mules to
McLowry's ranch, where we also found the brand. Afterwards some of those mules were found with the same brand. After we arrived at
McLowry's ranch there was a man named
Frank Patterson who made some kind of a compromise with
Captain Hearst.
Captain Hearst came to us boys and told us he had made this compromise and by so doing he would get the mules back. We insisted on following them up.
Hearst prevailed upon us to go back to
Tombstone, and so we came back.
Hearst told us two or three weeks afterwards that they would not give up the mules to him after we left, saying they only wanted to get us away: that they could stand the soldiers off.
Captain Hearst cautioned me and
Virgil and
Morgan to look out for those men; that they had made some threats against our lives. About one month after that, after those mules had been taken, I met
Frank and
Tom McLowry in
Charleston. They tried to pick a fuss out of me, and told me that if I ever followed them up again as close as I did before that they would kill me.
Shortly after the time
Budd Philpot was killed by those men who tried to rob the
Benson stage, as a detective I helped trace the matter up, and I was satisfied that three men, named
Billy Leonard,
Harry Head, and
Jim Crane were in that robbery. I know that
Leonard,
Head, and
Crane were friends and associates of the
Clantons and
McLowrys and often stopped at their ranches.
It was generally understood among officers, and those who have information about criminals, that
Ike Clanton was a sort of chief among the cowboys; that the
Clantons and
McLowrys were cattle thieves, and generally in the secrets of the stage robbers; and that the
Clanton and
McLowry ranches were the meeting place, and place of shelter, for the gang.
I had an ambition to be sheriff of this county next election, and I thought it would be a great help to me with the people and the business men if I could capture the men who killed
Philpot. There were rewards offered of about $1,200 each for the robbers. Altogether there was about $3,600 offered for their capture. I thought that this amount might tempt
Ike Clanton and
Frank McLowry to give away
Leonard,
Head, and
Crane; so I went to
Ike Clanton and
Frank McLowry, when they came to town. I had an interview with them in the back yard of the
Oriental saloon. I told them what I wanted. I told them I wanted the glory of capturing
Leonard,
Head, and
Crane; if I could do so, it would help me make the race for sheriff next election. I told them if they would put me on the track of
Leonard,
Head, and
Crane, tell me where those men were hid, I would give them all the reward, and would never let anybody know where I got the information.
Ike Clanton said that he would be glad to have
Leonard captured, that
Leonard claimed a ranch that he claimed, and if he could get him out of the way he would have no opposition about the ranch.
Ike Clanton said that
Leonard,
Head, and
Crane would make a fight, that they would never be taken alive, and that I must first find out if the reward would be paid for the capture of the robbers dead or alive. I then went to
Marshal Williams, the agent of
Wells, Fargo & Co. in this town, and at my request he telegraphed to the agent of
Wells, Fargo & Co. at
San Francisco to find out if the reward would be paid for the robbers dead or alive. He received in June of 1881 a telegram which he gave me, promising that the reward should be paid dead or alive. I showed this telegram soon after I got it to
Ike Clanton in front of the
Alhambra.
I told them that the dispatch has come. I went to
Marshal Williams and told him I wanted to see the dispatch for a few minutes. He went to look for it and could not find it, but went over to the telegraph office and got a copy of it, and he came back and gave it to me. I went and showed it to
Ike Clanton and
Joe Hill and returned it to
Marshal Williams, and afterwards told
Frank McLaury of it's contents.
It was then agreed between us that they should have all the $3,600 reward, outside of necessary expenses for horses in going after them, and
Joe Hill should go to where
Leonard,
Head, and
Crane were hid, over near
Eureka, in New Mexico, and lure them in near
Frank and
Tom McLowry's ranch near
Soldier Holes, thirty miles from here, and I would be on hand with a posse and capture them. I asked
Joe Hill,
Ike Clanton, and
Frank McLowry what tale they would make to them to get them over here. They said they had agreed upon a plan to tell them that there would be a paymaster going from
Tombstone to
Bisbee shortly to pay off the miners, and that they wanted them to come in and take them;
Ike Clanton then sent
Joe Hill to bring them in; before starting,
Joe Hill took on his watch and chain and between two and three hundred dollars in money, and gave it to
Virgil Earp to keep for him until he got back. He was gone about ten days and returned with the word that he had got there a day too late; that
Leonard and
Head had been killed the day before he got there by horse thieves. I learned afterward that the thieves had been killed subsequently by members of the
Clanton and
McLowry gang.
Ike Clanton and
Frank McLowry said I had given them away to
Marshal Williams and
Doc Holliday, and when they came in town they shunned us, and
Morgan and
Virgil Earp and
Doc Holliday and myself began to hear of their threats against us.
I am a friend of
Doc Holliday because, when I was city marshal of
Dodge City, Kansas, he came to my rescue and saved my life, when I was surrounded by desperadoes. A month or so ago,
Morgan and I assisted in the arrest of
Stillwell and
Spence on the charge of robbing the
Bisbee stage. The
McLowrys and
Clantons have always been friendly with
Spence and
Stillwell, and they laid the whole blame of their arrest on us, though the fact is, we only went as a sheriff's posse. After we got in town with
Spence and
Stillwell,
Ike Clanton and
Frank McLowry came in.
Frank McLowry took
Morgan into the middle of the street where
John Ringgold,
Ike Clanton, and the
Hicks boys were standing, and commenced to abuse
Morgan for going after
Spence and
Stillwell.
Frank McLowry said he would never speak to
Spence again for being arrested by us. He said to
Morgan: "If ever you come after me, you will never take me."
Morgan replied that if he ever had occasion to go after him he would arrest him.
Frank McLowry then said to him: "I have threatened you boys' lives, and a few days ago I had taken it back, but since this arrest it now goes."
Morgan made no reply, and walked off.
Before this and after this,
Marshal Williams,
Farmer Daly,
Ed Burns, and three or four others, told us at different times of threats made to kill us by
Ike Clanton,
Frank McLowry,
Tom McLowry,
Joe Hill, and
John Ringgold. I knew that all these men were desperate and dangerous cattle thieves, robbers, and murderers. I knew of the
Clantons and
McLowrys stealing six government mules. I heard of
Ringgold shooting a man down in cold blood near
Camp Thomas. I was satisfied that
Frank and
Tom McLowry killed and robbed Mexicans in the Skeleton Canyon two or three months ago, and I naturally keep my eyes open, and I did not intend that any of the gang should get the drop on me if I could help it.
Three or four weeks ago,
Ike Clanton met me at the
Alhambra and told me that I had told
Holliday about this transaction, concerning the capture of
Head and
Leonard. I told him I'd never told
Holliday anything. I told him when
Holliday came up from
Tucson I would prove it.
Ike Clanton said that
Holliday had told him so; when
Holliday came I asked him and he said no; I told him that
Ike Clanton had said so.
On the 25th of October,
Holliday met
Ike Clanton in the
Alhambra saloon and asked him about it.
Clanton denied it, and they quarreled for three or four minutes.
Holliday told Ike
Clanton he was a damned liar, if he said so. I was sitting eating lunch at the time. They got up and walked out on the street. I got through and walked out, and they were still talking about it. I then went to
Holliday, who was pretty tight, and took him away. Then I came back alone and met
Ike Clanton. He called me outside and said his gun was on the other side of the street at the hotel. I told him to leave it there. He said he would make a fight with
Holliday anytime he wanted to. I told him
Holliday did not want to fight, but only to satisfy him this talk had not been made.
I then went away and went to the
Oriental, and in a few minutes
Ike Clanton came over with his six-shooter on. He said he was not fixed right; that, in the morning, he would have man for man that this fighting talk had been going on for a long time, and it was about time to fetch it to a close. I told him that I wouldn't fight no one if I could get away from it. He walked off and left me, saying: "I will be ready for all of you in the morning." He followed me into the
Oriental, having his six-shooter in plain sight. He said: "You musn't think I won't be after you all in the morning." Myself and
Holliday walked away and went to our rooms.
I got up the next day, 26 October, about noon. Before I got up,
Ned Boyle came to me and told me that he met
Ike Clanton on
Allen Street, near the telegraph office, that morning; that
Ike was armed; that he said: "As soon as those damned
Earps make their appearance on the street today, the battle will open," That
Ike said,"We are here to make a fight, we are looking for the sons of bitches."
Jones came to me after I got up and went to the saloon, and said: "What does all this mean?" I asked what he meant. He says: "
Ike Clanton is hunting you
Earp boys with a
Winchester rifle and a six-shooter." I said: "I will go down and find him and see what he wants." I went out and, on the corner of
Fourth and
Allen Streets, I met
Virgil Earp, the marshal. He told me how he had heard that
Ike Clanton was hunting us. I went up
Allen Street, and
Virgil went down
Fifth Street and then
Fremont Street.
Virgil found
Ike Clanton on Fourth Street in an alley. He walked up to him and said, "I hear you are hunting for some of us."
Ike Clanton then threw his
Winchester rifle around towards
Virgil.
Virgil grabbed it and hit
Clanton with his six-shooter and knocked him down.
Clanton had his rifle, and his six-shooter was exposed in his pants. By that time I came up, and
Virgil and
Morgan took his rifle and six-shooter away and took them to the
Grand Hotel after the examination, and took
Ike Clanton before
Justice Wallace. Before the investigation,
Morgan had
Ike Clanton in charge, as
Virgil was out. A short time after I went into
Wallace's court and sat down on a bench.
Ike Clanton looked over to me and said: "I will get even with all of you for this. If I had a six-shooter I would make a fight with all of you."
Morgan then said to him: "If you want to make a fight right bad I will give you this one", at the same time offering
Ike Clanton his own six-shooter.
Ike Clanton started to get up to take it, when
Campbell, the deputy sheriff, pushed him back on his seat, saying he wouldn't allow any fuss. I never had
Ike Clanton's arms at any time, as he has stated.
I would like to describe the position we occupied in the courtroom at that time.
Ike Clanton sat down on a bench, with his face fronting to the north wall of the building. I myself sat down on a bench that was against the north wall right in front of
Ike.
Morgan stood up against the north wall with his back against the north wall, two or three feet to my right.
Morgan had
Ike Clanton's
Winchester in his left hand and his six-shooter in his right hand; one end of the rifle was on the floor.
Virgil was not in the court room any of the time, and
Virgil came there after I walked out. I was tired of being threatened by
Ike Clanton and his gang.
I believed from what they had said to others, and to me, and from their movements, that they intended to assassinate me the first chance they had, and I thought if I had to fight for my life against them, I had better make them face me in an open fight. So I said to
Ike Clanton, who was then sitting about eight feet away from me, "you damned dirty cur thief, you have been threatening our lives, and I know it. I think I should be justified shooting you down any place I should 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 the
San Simon among your own crowd." He replied, "all right, I will see you after I get through here. I only want four feet of ground to fight on." I walked out and just then outside the court room, near the justice's office, I met
Tom McLowry. He came up to me and said: "If you want to make a fight, I will make a fight with you anywhere." I supposed at the time he had heard what had first transpired between
Ike Clanton and me. I knew of his having threatened me and I felt just as I did about
Ike Clanton, that, if the fight had to come, I had better have it come when I had an even show to defend myself, so I said to him all right "make a fight right here", and at the same time I slapped him in the face with my left hand, and drew my pistol with my right. He had a pistol in plain sight on his right hip, but made no move to draw it. I said to him: "Jerk your gun and use it." He made no reply, and I hit him on the head with my six-shooter and walked away down to
Hafford's. I went into
Hafford's and got a cigar, and came out and stood by the door. Pretty soon after, I saw
Tom McLowry,
Frank McLowry, and
William Clanton. They passed me and went down
Fourth Street to the gunsmith shop. I followed down to see what they were going to do. When I got there,
Frank McLowry's horse was standing on the sidewalk with his head in the door of the gunshop. I took the horse by the bit, as I was deputy city marshal, and commenced to back him off the sidewalk.
Frank and
Tom McLowry and
Billy Clanton came to the door.
Billy Clanton had his hand on his six-shooter.
Frank McLowry took hold of the horse's bridle. I said: "You will have to get this horse off the sidewalk." He backed him off on the street.
Ike Clanton came up about that time and they all walked into the gunsmith's shop. I saw them in the shop changing cartridges into their belts. They came out of the shop and walked along
Fourth Street to the corner of
Allen Street. I followed them as far as the corner of
Fourth and
Allen Streets, and then they went down
Allen Street and over to
Dunbar's corral.
Virgil was then city marshal;
Morgan was a special policeman for six weeks, wore a badge, and drew pay. I had been sworn in
Virgil's place to act for him while
Virgil was gone to
Tucson about
Stillwell and
Spence on the charge of robbing the
Bisbee stage.
Virgil had been back several days, but I was still acting. I know it was
Virgil's duty to disarm those men. He suspected he would have trouble in doing so; and I followed up to give assistance if necessary, especially as they had been threatening us, as I have already stated. About ten minutes afterwards, while
Virgil,
Morgan,
Doc Holliday and myself were standing in the center of
Fourth and
Allen Streets, several persons said: "There is going to be trouble with those fellows", and one man named
Coleman said to
Virgil: "They mean trouble. They have just gone from
Dunbar's corral into the
O.K. Corral, all armed. I think you had better go and disarm them."
Virgil turned around to
Doc Holliday,
Morgan, and myself and told us to come and assist him in disarming them.
Morgan said to me: "They have horses; had we not better get some horses ourselves, so that if they make a running fight we can catch them?" I said: "No, if they try to make a running fight we can kill their horses, and
then capture them." We four then started through
Fourth to
Fremont Street. When we turned the corner of
Fourth and
Fremont Streets, we could see them standing near or about the vacant space between
Fly's photograph gallery and the next building west. I first saw
Frank McLowry,
Tom McLowry,
Billy Clanton, and
Sheriff Behan standing there. We went down the left hand side of
Fremont Street. When I got within about a hundred and fifty feet of them I saw
Ike Clanton,
Billy Claiborne, and another party. We had walked a few steps further when I saw
Behan leave the party and come towards us; every few steps he would look back, as if he apprehended danger. I heard
Behan say to
Virgil: "For God's sake, don't go down there or you will get murdered."
Virgil replied: "I am going to disarm them", he,
Virgil, being in the lead. When
Morgan and I came up to
Behan, he said: "I have disarmed them." When he said this I took my pistol, which I had in my hand, under my coat, and put it in my overcoat pocket.
Behan then passed up the street, and we walked on down. We came up on them close,
Frank McLowry,
Tom McLowry, and
Billy Clanton standing all in a row against the east side of the building on the opposite side of the vacant space west of
Fly's photography gallery.
Ike Clanton and
Billy Claiborne and a man I did not know were standing in the vacant space about halfway between the photograph gallery and the next building west. I saw that
Billy Clanton and
Frank McLowry and
Tom McLowry had their hands by their sides and
Frank McLowry's and
Billy Clanton's six-shooters were in plain sight.
Virgil said: "Throw up your hands. I have come to disarm you."
Billy Clanton and
Frank McLowry had their hands on their six-shooters.
Virgil said: "Hold! I don't mean that; I have come to disarm you." They,
Billy Clanton and
Frank McLowry, commenced to draw their pistols, at the same time
Tom McLowry threw his hand to his right hip and jumped behind a horse.
I had my pistol in my overcoat pocket where I had put it when
Behan told us he had disarmed the other party. When I saw
Billy and
Frank draw their pistols, I drew my pistol.
Billy Clanton leveled his pistol at me, but I did not aim at him. I knew that
Frank McLowry had the reputation of being a good shot and a dangerous man, and I aimed at
Frank McLowry. The two first shots which were fired were fired by
Billy Clanton and myself; he shot at me, and I shot at
Frank McLowry. I do not know which shot was first; we fired almost together. The fight then became general. After about four shots were fired
Ike Clanton ran up and grabbed my arm. I could see no weapon in his hand and thought at the time he had none, and so I said to him: "The fight has now commenced; go to fighting or get away." At the same time I pushed him off with my left hand. He started and ran down the side of the building and disappeared between the lodging house and the photograph gallery. My first shot struck
Frank McLowry in the belly. He staggered off on the sidewalk but first fired one shot at me. When we told them to throw up their hands,
Claiborne held up his left hand, and then broke and ran. I never saw him afterwards until later in the afternoon, after the fight. I never drew my pistol or made a motion to shoot until after
Billy Clanton and
Frank McLowry drew their pistols. If
Tom McLowry was unarmed, I did not know it. I believe he was armed and that he fired two shots at our party before
Holliday, who had the shotgun, fired at and killed him. If he was unarmed there was nothing to the circumstances or in what had been communicated to me, or in his acts or threats, that would have led me even to suspect his being unarmed.
I never fired at
Ike Clanton, even after the shooting commenced, because I thought he was unarmed and I believed then, and believe now, from the acts I have stated, and the threats I have related, and other threats communicated to me by different persons, as having been made by
Tom McLowry,
Frank McLowry, and
Isaac Clanton, that these men, last named, had formed a conspiracy to murder my brothers
Morgan and
Virgil and
Doc Holliday and myself. I believe I would have been legally and morally justified in shooting any of them on sight, but I did not do so or attempt to do so; I sought no advantage. When I went as deputy marshal to help disarm them and arrest them, I went as a part of my duty and under the direction of my brother the marshal.
I did not intend to fight unless it became necessary in self defense, and in the performance of official duty. When
Billy Clanton and
Frank McLowry drew their pistols, I knew it was a fight for life, and I drew and fired in defense of my own life and the lives of my brothers and
Doc Holliday.
I have been in
Tombstone since 1 December 1879. I came here from
Dodge City, Kansas, where, against the protest of business men and officials, I resigned the office of City Marshal, which I had held from 1876. I came to
Dodge City from
Wichita, Kansas. I was on the police force in
Wichita from 1874 until I went to
Dodge City.
The testimony of
Isaac Clanton that I had anything to do with any stage robbery, or any criminal enterprise, is a tissue of lies from beginning to end.
Sheriff Behan made me an offer in his office on
Allen Street, and in the back room of the cigar store, that if I would withdraw and not try to get appointed sheriff of Cochise county, that we would hire a clerk and divide the profits. I done so; and he never said another word to me afterward in regard to it. The reasons given by him here for not complying with his contract, are false.
I give here as a part of this statement, a document sent me from
Dodge City since my arrest, and marked
Exhibit A, and another document sent me from
Wichita, since this arrest, which I wish attached to this statement. and marked
Exhibit B.
Myself and
Doc Holliday happened to go to
Charleston the night that
Behan happened to go down to subpoena
Ike Clanton. We went there for the purpose of getting a horse that had been stolen from us a few days after I came to
Tombstone. I had heard several times that the
Clantons had him. When I got there that night, I was told by a friend of mine that the man that carried the dispatch from
Charleston to
Ike Clanton's ranch had my horse. At this time I did not know where
Ike Clanton's ranch was. A short time afterward I was in the
Huachucas, locating some water rights. I had started home to
Tombstone, and had got within twelve or fifteen miles of
Charleston, when I met a man named
McMasters. He told me that, if I would hurry up, I would find my horse in
Charleston. I drove to
Charleston, and saw my horse going through the streets toward the corral. I put up for the night at another corral. I went to
Barnett's office, to get out papers to recover the horse. He was not at home, having gone to Sonora to see some coal fields that had been discovered. I telegraphed to
Tombstone, to
James Earp, and papers were made out and sent to
Charleston that night. While I was in town, waiting for the papers,
Billy Clanton found out I was there. He went and tried to take the horse out of the corral. I told him that he could not take him out, that it was my horse. After the papers came he gave the horse up without the papers being served, and asked me "if I had any more horses to lose". I told him I would keep them in the stable after this, and not give him a chance to steal them.
In one of the conversations I had with
Ike Clanton about giving away
Leonard,
Head, and
Crane, I told him one reason why I wanted to catch them was to prove to the citizens of
Tombstone that
Doc Holliday had nothing to do with it, as there were some false statements circulated to that effect. In following the trail of
Leonard,
Head, and
Crane we struck it at the scene of the attempted robbery, and never lost the trail or hardly a footprint from the time that we started from
Drew's ranch on the
San Pedro, until we got to
Helm's ranch, in the
Dragoons. After following about eight miles down the
San Pedro river and capturing one of the men, named
King, that was supposed to be in with them, we then crossed the
Catalina mountains within fifteen miles of
Tucson, following their trail around the front of the mountain after they had crossed over to
Tres Alamos, on the
San Pedro river. We then started out from
Helm's ranch and got on their trail. They had stolen fifteen or twenty head of stock so as to cover their trail.
Morgan,
R.H. Paul,
Breckenridge,
Johnny Behan, and myself and one or two others still followed the trail up into New Mexico. Their trail never led south from
Helm's ranch, as
Ike Clanton has stated. We used every effort we could to capture these men. I was out ten days.
Virgil and
Morgan were out sixteen days, and we done all we could to capture these men, and I safely say if it had not been for myself and
Morgan, they would not have got
King, as he started to run when we rode up to his hiding place, and was making for a big patch of brush on the river, and would have got in it if it had not been for us.
Defense Exhibit A
To All Whom It May Concern, Greetings:
We, the undersigned citizens of
Dodge City in Ford County, Kansas, and vicinity do by these presents certify that we are personally acquainted with
Wyatt Earp, late of this city; that he came here in the year 1876; that, during the years of 1877, 1878, and 1879 he was Marshal of our city; that he left our place in the fall of 1879; that during his whole stay here he occupied a place of high social position and was regarded and looked upon as a high-minded, honorable citizen; that, as Marshal of our city, he was ever vigilant in the discharge of his duties, and, while kind and courteous to all, he was brave, unflinching, and on all occasions proved himself the right man in the right place.
Hearing that he is now under arrest, charged with complicity in the killing of those men termed "Cow Boys". From our knowledge of him, we do not believe that he would wantonly take the life of his fellow man, and that if he was implicated, he only took life in the discharge of his sacred trust to the people; and earnestly appeal to the citizens of
Tombstone, Arizona, to use all means to secure him a fair and impartial trial, fully confident that when tried he will be fully vindicated and exonerated of any crime.
R.M. Wright,
Lloyd Shinn,
M.W. Sutton,
George F. Hinkle,
J.W. Liellow,
F.C. Zimmerman,
G.W. Potter,
Thomas S. Jones,
A.B. Weber,
C.M. Beeson,
Geo. Emerson,
A.H. Boyd,
J.H. Philips,
R.G. Cook,
Wright, Beverly & Co.,
Herman F. Fringey,
O.W. Wright,
March and Son,
W.W. Robins,
H.P. Weiss,
Fred T. M. Wenir,
R.C. Burns,
H.M. Bell,
T.L. McCarty,
D.E. Frost,
Beeson and Harris,
Representative, Ford County,
Probate Judge, Ford County, Kansas,
County Attorney, Ford County, Kansas,
Sheriff, Ford County, Kansas,
Ford County Commissioner,
Ford County Treasurer and Tax Collector,
Clerk of Ford County,
Police Judge and Attorney at Law,
Mayor of Dodge City, Kansas,
City Council of Dodge City, Kansas,
Deputy County Treasurer of Ford County,
U.S. Commissioner,
Dodge City Merchants,
Postmaster of Dodge City, Kansas,
Pastor of the Presbyterian Church,
Merchants,
Grocers,
Shoemaker,
Notary Public and Insurance Agent,
Attorney,
Deputy United States Marshal,
M.D.,
Ex-Police Judge,
Liquor Dealers, and
35 other citizens signed the paper.