Source: Texas Mercury
Published: October 26, 2003 Author: Hank Parnell
For Education and Discussion Only. Not for Commercial Use.
Hank Parnell
By my count there are more films and novels dealing with Wyatt Earp than with any other real-life figure of the American West. To many he seems to represent the apogee of the gunfighter as noble knight of the frontier, what the late C.L. Sonnichsen disparagingly called "a Galahad armed with a six-shooter." Others see him as the prototype of the modern "law-enforcement" officer. Yet in real life, Earp was none of the things he has since been made out to be and, indeed, was likely quite the opposite of them in every respect. Which is why I have in my time taken a long, hard look at this unlovely and utterly unimpressive nonentity, and wondered why he has become what we Americans have collectively made of him.
We all know the story: the virtuous Earps, brothers Virgil, Wyatt, and Morgan (and occasionally including the older Jim and/or the younger Warren; the eldest, Newton, stayed well away from Arizona), intent on bringing "law and order" to the lawless frontier town of Tombstone, and with the aid of the tubercular former dentist John "Doc" Holliday, faced down the ruthless Clanton/McLowry (sometimes spelled McLaury) gang of outlaws in a series of confrontations that climaxed at the OK Corral.
That is one story; the popular story, the legend and the myth. There is, however, another story, a bit more complicated but a lot more factual. It goes something like this: late in 1879, the Earp brothers, having failed at nearly every previous endeavor, came to Tombstone intent on getting rich by whatever means possible. Having learned from their earlier experiences in Wichita—where Wyatt had been stripped of his policeman's job, arrested for disturbing the peace, and almost literally "run out of town"—and Dodge City, the Earp brothers quickly set about to obtain a law-enforcement position for one or more of their number, the better to cloak their activities with the mantle of respectability and legality, and to keep from being arrested whenever they committed a crime.
Virgil managed to persuade the ineffectual U.S. Marshal for the Arizona Territory, Crawley Dake, to issue him a deputy U.S. Marshal's badge. Dake, like most U.S. Marshals of the time, was a political appointee who did little but polish his chair with his behind in the territorial capital, getting rich on his percentage of fees and other graft while his deputies did all the real work. Wyatt managed to get himself a deputy sheriff's badge from Pima County sheriff Charles Shibell, but he was soon dismissed; and when Cochise County was carved out of the larger Pima County, his replacement, John Behan, was appointed to the coveted sheriff's position by Governor John C. "Frontier" Fremont. This was a bitter disappointment to Wyatt; not only did Fremont, a Republican like the Earps, appoint Behan, a Democrat, to the post, but Wyatt lost out on the $30,000 to $40,000 yearly in fees and percentages garnered by the county sheriff from tax collections and various other governmental functions (this incredible figure is due to the silver wealth of the Tombstone mines, which were exceptional in what was otherwise principally cattle country).
Thus the seeds of enmity between Earp and Behan were sown early on, later to bear bitter and violent fruit. Governor Fremont's decision to appoint Democrat Behan sheriff was no doubt a concession to the fact that Cochise County voters were predominately Democrats. Tombstone, the county seat, boasted a number of Republicans, mainly the big silver-mining interests that had made the town. Others included its naively idealistic and fiercely partisan newspaper editor and soon-to-be-mayor, John Clum, as well as the local judge, Wells Spicer, and, of course, the brothers Earp. The miners themselves, and the local ranchers in the San Pedro river valley, were staunchly Democratic, and among them were the Clantons and the McLowrys.*
It was widely known that the Clantons and McLowrys, aided by their hangers-on William "Curly Bill" Brocius (real last name Graham) and Johnny Ringo (sometimes wrongly identified as Rhinggold), rustled cattle in Mexico for sale to the military forts and Apache Indian reservations in the area. But the other ranchers in the valley, whose herds remained largely unmolested by the "cowboys," as they were called, turned a blind eye to these activities, and generally embraced the Clanton/McLowry faction as part of their own. (As readers of Larry McMurtry's Lonesome Dove are aware, Texans—even expatriate Texans like the Clantons and McLowrys—considered Mexican beef and horses fair game for cross-border raiding, and did not consider it stealing or rustling in a legal or moral sense.) This situation obtained until the ambush death of patriarch Newman H. "Old Man" Clanton two and a half months before the OK Corral shootout, possibly by Mexican rurales in retaliation for his many forays into Mexico; afterwards, the remnants of the gang turned their attention to their neighbors' herds. But by the time this became a real problem, the Earps were long gone from Arizona; and it remained for John H. "Texas John" Slaughter, a hard-nosed rancher who became Cochise County sheriff, to bring true "law and order" to the Tombstone area.
In the meantime, the "virtuous" Earps, frustrated in their desire to get rich quick off the taxpayers of the new county, prowled the saloons and gambling halls of Tombstone, living off the money their wives made sewing, without which, as Odie B. Faulk put it in his book Tombstone: Myth and Reality (1972), "they might have been forced to go to work." The one who did find employment was Wyatt, who took a job as shotgun rider for Wells, Fargo and Company, becoming familiar with the local Wells, Fargo agent Marshall Williams, and with the routes and procedures the company took when shipping silver bullion from the Tombstone mines north to the railhead at Benson.
It was then that the Earps' fortunes began to look up. On October 27, 1880, almost to the day a year before the OK Corral business, a drunken Curly Bill Brocius, busily engaged in the cowboy's favorite pastime, "hurrahing the town" by firing his pistol into the air, accidentally shot and killed town marshal Fred White, who was trying to disarm and arrest him. (Some say Brocius killed White on purpose, using the famous "border roll" or "road-agent's spin," in which the pistol is reversed, finger in the trigger guard, then spun around on the trigger finger back into the firing position. However, it is unlikely that a drunk would try such a maneuver, or that an experienced lawman like White would fall for it. After all, the practice was at least twenty years old, having been perfected by Missouri guerrillas during the Kansas-Missouri "border wars" that preceded the Civil War; hence the term "border roll.")
Virgil, whom White had deputized to assist him, was appointed by the city council in White's place; but this bit of luck was short-lived, for Virgil lost a special election on November 13 to his opponent Benjamin Sippy, who won by 311 votes to 259; and Virgil lost to Sippy again in the regular election held on January 4, 1881. But it was this vote that elected Epitaph editor Clum mayor; mainly because of his platform to secure the town's lots for their rightful owners—the lots having been transferred to absentee land speculators by the previous administration—and not because of any sudden upsurge in Republican sentiment by Tombstone's predominately Democratic citizenry.
Then came the event that many consider the crux of the Earp/Clanton affair. On the night of March 15, the stage to Benson was held up in a botched robbery attempt that left popular driver Bud Philpot dead. Shotgun rider Bob Paul heroically saved the day, driving the stage out from under the ambush, and saving the strongbox, which contained some $25,000 in silver. A posse was formed, which included the Earps (Virgil, Wyatt and Morgan) and their hangers-on: Wyatt's former Dodge City employer Bat Masterson, and "Buckskin" Frank Leslie, a murderous saloonkeeper. Also along for the ride was Marshall Williams, the Wells, Fargo agent, and Sheriff Behan and his deputy, Billy Breakenridge. The posse trailed the bandits to the ranch of the Redfield brothers, who were friends of the Clantons; however, the suspect that they collared, one Luther King, named among the other culprits one Bill Leonard, a known crony of Doc Holliday's.
Rumors soon flew that Holliday had slain Philpot, and that the Earps, in collaboration with Williams, had planned the robbery for Holliday and his friends. Holliday was noticeably absent from Tombstone the night of the attempted holdup. He claimed he had been playing cards in Charleston, a town on the San Pedro River to the southwest of Tombstone; but curiously, he had no witnesses to support this claim. It was then that Holliday's prostitute mistress, "Big Nosed" Kate Elder, alleged to Sheriff Behan in a sworn statement that Holliday had indeed killed Philpot.
The Earp faction, including editor/mayor Clum, quickly counterclaimed that Behan had gotten Kate drunk and "tricked" this confession out of her. Judge Wells Spicer, another Earp crony, dismissed the charges Behan filed against Holliday, after Wyatt Earp testified at the hearing that he had seen Holliday in Tombstone the night of the abortive holdup, thus providing his tubercular friend with a much-needed alibi. Whereupon Virgil Earp, whom Clum had appointed town marshal on June 6 when Ben Sippy left town, arrested Kate on a drunk-and-disorderly charge, fining her the unprecedented amount of $12.50. This charge was obviously trumped-up, since she and Holliday were by definition "drunk and disorderly"; but Kate, knowing Holliday and the vindictive Earps, got the message, and quickly fled Tombstone, no doubt fearing for her life.
While all this was going on, the Earps were frantically trying to get a line on the other suspects, either to capture them and clear the Earp name, or to kill them and shut them up before they could further implicate the "virtuous" brothers Earp; take your pick. Meanwhile the stage holdups continued, this time less violent but more successful, netting the thieves large caches of silver; and after each, according to Faulk, "the Earp brothers one by one found it necessary to leave town with heavy suitcases to visit their parents in Colton, California." Things came to a head when, on September 8, one of the holdup men was identified by his use of the phrase "sugar" (meaning loot): T.C. "Frank" Stilwell, a former deputy of Behan's who was now a partner in a Bisbee livery stable with Pete Spence, yet another Earp crony. (Some sources, including the Time-Life Old West series book The Gunfighters by Paul Trachtman, claim Spence was a Clanton crony; but this book, like so many others of its kind, is full of inaccuracies, and assertions made without documentation that too often counter direct eyewitness testimony. In fact, this particular book is one of the worst of its type, despite the many photographs and reproduced documents that give it an air of authenticity.) Behan and his posse arrested both men before the Earps' posse (there were two) arrived, and the two groups escorted the prisoners back to Tombstone.
Stilwell and Spence were released on bond, and Wyatt began circulating rumors that the two were in cahoots with the Clanton rustling gang, now smarting from the loss of their leader, "Old Man" Clanton, at the hands of the Mexicans. First Leonard, then Spence pointed the finger of accusation toward the Earps, and Wyatt was desperate to find a scapegoat. And who was more handy, and convincing, than the "cowboys," infamous for their cross-border rustling and drunken "hurrahing" of the town?**
Whether the "cowboys" came to town expressly for the purpose of "killing the Earps," as the Earp-worshipers and mythologizers claim, or merely to buy supplies, as the other side would have it, there is no denying that the night before and the morning of the shootout, the Earps and Holliday did their best to provoke a fight. Both Holliday and Virgil baited an unarmed Ike the night of October 25, Virgil during a poker game at which Sheriff Behan was present! When, the next morning, Virgil and Morgan (whom Virgil had deputized) found Ike armed (a rather understandable reaction on Ike's part, considering the verbal abuse and threats he had received the night before), they took his guns away and coldcocked or "buffaloed" him, a particularly vicious practice to which all the Earps were passionately prone. (This involved hitting their victims on the head with the barrels of their sixshooters hard enough to render them unconscious. Those familiar with the practice only from Western films might never realize that such a blow can cause everything from concussion and skull fracture to subdural hematoma and permanent brain damage, and, in some cases, actually killed those to whom it was done, on the spot.)
Dragging Ike to court, they fined him an incredible $25 for violating the town ordinance against carrying firearms, a misdemeanor that was hardly ever enforced, and then only selectively—none of the holier-than-thou Earp brothers, it should be noted, ever "buffaloed," charged or fined Doc Holliday, who went about daily in flagrant violation of the ordinance, carrying at least two concealed pistols at all times. Later that morning, Wyatt confronted an unarmed Tom McLowry, leading McLowry's horse up on the boardwalk in front of the store where McLowry was buying supplies, which Wyatt then informed McLowry was a "violation" of yet another town ordinance, and for which McLowry was then viciously "buffaloed" and left lying in the gutter, bleeding.
Thus was the stage set for the famous "Gunfight at the OK Corral" and its aftermath, which we will look at next time.
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