Deposition of Wesley Fuller in the Preliminary Hearing in the Earp-Holliday Case

The Gunfight at the O.K. Corral, one of the most famous shootouts in the American Old West, took place on October 26, 1881, in Tombstone, Arizona Territory. The confrontation involved lawmen Virgil, Wyatt, and Morgan Earp, along with Doc Holliday, against the outlaw Cochise County Cowboys, including Ike and Billy Clanton, Tom McLaury, and Frank McLaury. Tensions had been building for months between the Earps and the Cowboys, stemming from political differences, law enforcement disputes, and personal grudges. The actual gunfight lasted only about 30 seconds, with the Earps and Holliday emerging victorious, killing Tom and Frank McLaury and Billy Clanton.

Although the gunfight was relatively brief and took place in a small alley near the O.K. Corral, its impact on American folklore and the mythos of the Wild West has been significant. The shootout was later romanticized in literature, film, and popular culture, often portraying the Earps and Holliday as heroic figures standing up against lawlessness. However, the events leading up to and following the gunfight were complex, involving legal battles, public opinion, and ongoing violence, reflecting the broader conflicts of power and law in the tumultuous frontier society.

Testimony

On this seventh day of November, 1881, on the hearing of the above entitled cause of the examination of Wyatt Earp and J. H. Holliday; Wesley Fuller, a witness of lawful age, being produced and sworn, says as follows:

Deposition of Wesley Fuller, a gambler, of Tombstone. He states he saw the difficulty between the Earps and Holliday on one side and the McLaury brothers and the Clantons on the other, on Fremont, near the comer of Third Street. He was right back of Fly’s Gallery in the alley when the shooting began. He says he saw the Earp party, armed, at Fourth and Allen and that he was on his way to warn Billy Clanton to get out of town. He saw Billy, Frank McLaury and he thinks Behan, but did not gel to speak with Billy, as just then the Earps hove into view, and he heard them say, “Throw up your hands!” Billy Clanton threw up his hands and said, “Don’t shoot me! I don’t want to fight!” and at the same time the shooting commenced. At this time, he had not seen Tom McLaury nor Ike Clanton.

He says the Earp party fired the first shots. Two were fired right away, they were fired almost together. They commenced firing then very rapidly and fired 20 or 30 shots. Both sides were firing. Five or six shots were fired by the Earp party before the other party fired. Billy Clanton and Frank McLaury were the only two I saw fire of the Clanton party. As the first shots were fired by the Earp party, Billy Clanton had his hands up. [Shows the position as he stood raising his hands up to the line of his head.] Frank McLaury was standing, holding his horse when the firing commenced. He was not doing anything that I could see. He had no weapon that I saw on him. I saw his hands and he had nothing in them. If there had been, I would have seen it. I think the first two shots were aimed at Billy Clanton. I saw that he was hit. He threw his hands on his belly and wheeled around. I did not see any effect on anybody else at that time. Frank McLaury drew a weapon and was firing during [illegible]. When he drew his weapon, he was on Fremont Street, a little past the middle of the Street. [Shows on diagram.] Further talk as to relative positions. Then he says, on questions, that seven or eight shots had been fired by the Earp party before he saw Frank McLaury draw his pistol. He tells of the space between Fly’s and other building, and says he saw Tom McLaury there. He did not see Tom again until they brought him into the building. He does not know where Ike went after seeing him pass through this building. He says Tom was staggering, as though he was hurt. He did not see any arms or even a cartridge belt on Tom after he had been brought into the building where he died. He never saw Ike with any arms at the scene of the battle. He tells of seeing Billy rolling around on the ground in agony. He helped take him into the building. He says Billy said to him, “Look and see where I am shot.” He looked. He tells of wound in belly and other near left nipple. He says he told Billy he could not live. Billy said, “Get a doctor and give me something to put me to sleep.” He says this is all he recollects; that he did not leave until Billy died.

He says he saw Billy shooting during the fight, a pistol; that he was then in a crouching position, sliding down against the comer of the house. He had drawn his pistol with his left hand. He says six or seven shots had been fired by the Earps before Billy drew his pistol. He says Billy was shot in the right wrist. When he saw Frank in the middle of the street, drawing his pistol he was staggering then appeared to be wounded, acted dizzy. He says Billy and Frank each had a horse there and he thinks each had a rifle strapped on in a scabbard. He is sure this was true of Frank’s horse. More talk about the rifle on Frank’s horse. He tells of Frank leaving the horse in about the middle of the street and staggering up the street. He says previ­ously it seemed as if Frank was trying to get the rifle out of the scabbard, but the horse kept jumping away from [him]; “He was fooling with the horse.” He says probably seven or eight shots had been fired by the Earp party, “probably more,” before Frank commenced trying to get the rifle.

CROSS EXAMINATION

He states he was on Allen Street between Third and Fourth Streets, on the north side, just below the O.K. Corral, when he first saw Billy Clanton, Frank McLaury and Johnny Behan on Fremont. He relates of seeing Holliday put a six-shooter in his coat pocket at Fourth and Allen. Saw one in Morgan Earp’s pocket, on the right side. Wyatt had one pushed down in his pants on the right side a little. I was standing on the comer of Fourth and Allen Streets, I mean not far from them, about ten or twelve feet. I do not recollect what kind of a coat Wyatt Earp had on-at times the pistol was under his coat. I do not recollect whether Wyatt Earp had on an overcoat or not. When I saw the pistol, his coat was not buttoned. Virgil Earp had a shotgun.

He says he went right down Allen Street after seeing the Earps on the comer of Fourth and Allen, and “walked along not very fast. I stopped, probably four or five seconds and spoke a few words as I was going to this vacant space; I spoke to Mattie Webb. It was at the rear of her house that I spoke to her.,,3 He says he was not there when the first shot was fired. He shows on diagram how he went. He says he stayed in the alley but moved around during the shooting, “as bullets were flying around there.” He says he kept stepping backwards, but kept his face towards Fremont and the shooting. He locates the position of the various combatants on the diagram.

He goes on to say he thinks Morgan Earp and Doc Holliday fired the first two shots, but can’t tell which fired first. He says they were fired at Billy Clanton. He saw them shoot. He reiterates this. He denies he was excited. He denies he had been drinking during the day. On question says it was about 3:00 A.M. when he went to bed, and got up between 11 and 12, “I should judge.”

He admits he had been drinking the day or evening before the fight, considerable; indicates it was over a period of several days. He denies he had a fit of delirium tremens. He describes the character of the wound on Billy Clanton’s wrist by pointing to Mr. Fitch’s wrist, a point about three inches from the palm of the hand and says, “I think it was about there. I don’t know whether it was on the inside or outside of the arm.” He doesn’t know if it was on both sides, or deep, or shallow, and did not see any bullet in the hole, and doesn’t know the extent of the wound. He doesn’t believe Frank fired before he became separated from his horse. He is sure he saw Ike Clanton pass through the vacant space between Fly’s buildings and that Tom McLaury also staggered into the same area. He admits he knows William Allen, but doesn’t know if he is one of those who brought Tom McLaury into the house-“The house on the comer of Third and Fremont, the second house below Fly’s Gallery.” He reiterated that Billy was rolling around on the ground, and doesn’t know what became of his horse. He says Billy and his horse became separated immediately after the fight began and he did not see the horse again. He can’t place the horses on the diagram.

(Q) What are your feelings toward the defendant Holliday?

(A) We have always been good friends, and are so now.

(Q) Did you not, on the fifth day of November, 1881, about 5 o’clock in the afternoon, in front of the Oriental Saloon in Tombstone, say to or in the presence of Wyatt Earp, that you knew nothing in your testimony that would hurt the Earps, but that you intended to cinch Holliday, or words of like import or effect?

(A) I told Wyatt Earp then that I thought Holliday was the cause of the fight, I don’t say positively I might have used words, “I mean to cinch Holliday,” but I don’t think I did.

RE-DIRECT EXAMINATION

(Q) At the time you referred to, that you had the conversation with Wyatt Earp in the last interrogation, who was present, if anyone?

(A) There were parties there, but I don’t remember who they were.

(Q) Who were you talking to?

(A) Wyatt Earp.

[Signed] Wesley Fuller

References

The Tombstone Epitaph

The Arizona Historical Newspaper, the Tombstone Epitaph announces the gunfight at the O K Coral.
The Arizona Historical Newspaper, the Tombstone Epitaph announces the gunfight at the O K Coral.

The Tombstone Epitaph is a historic newspaper in the American West, closely tied to the lore of the Wild West and the famous town of Tombstone, Arizona. It was founded on May 1, 1880, by John Clum, a former Indian agent and the first mayor of Tombstone. The newspaper played a significant role in documenting the events of one of the most storied periods in American history.

Founding and Early History

John Clum founded the Tombstone Epitaph during a time when Tombstone was booming due to the discovery of silver in the nearby mountains. The town quickly grew into one of the largest and most notorious in the West, attracting miners, gamblers, outlaws, and lawmen alike. Clum, a staunch Republican and supporter of law and order, used the paper to promote his views and to support the efforts of the Earps, who were the town’s law enforcement at the time.

The newspaper’s name, “Epitaph,” was reportedly chosen by Clum as a nod to the violent and often deadly nature of life in Tombstone. He believed that the paper would serve as the “epitaph” for many of the stories and lives that would pass through the town. The Epitaph became known for its bold headlines, sensational stories, and fierce editorials.

The Gunfight at the O.K. Corral

One of the most famous events covered by the Tombstone Epitaph was the Gunfight at the O.K. Corral on October 26, 1881. The shootout between the Earp brothers—Wyatt, Virgil, and Morgan—and Doc Holliday on one side, and the Clanton and McLaury brothers on the other, was a pivotal moment in Tombstone’s history. The newspaper provided a detailed account of the event, and its coverage helped shape the public’s perception of the Earps as lawmen battling against lawlessness.

Decline and Revival

As Tombstone’s silver mines began to decline in the late 1880s, the town’s population dwindled, and the Tombstone Epitaph faced financial difficulties. The paper struggled to survive but managed to continue publishing, albeit with less frequency. Over the years, the Epitaph shifted from being a daily to a weekly, and eventually to a monthly publication.

In the 20th century, the Tombstone Epitaph experienced a revival as interest in the Old West and its colorful history grew. The newspaper became a cherished piece of Americana, and its archives were preserved as valuable historical records. In the 1960s, the paper was revived as a historical publication, focusing on the history of Tombstone and the American West. It continues to be published today, both as a historical monthly and as a tourist newspaper, providing visitors with stories and insights into the town’s storied past.

Legacy

The Tombstone Epitaph remains one of the most iconic newspapers of the American West. Its coverage of the events in Tombstone, particularly during the 1880s, has made it a key source for historians and enthusiasts of the Wild West. The newspaper not only documented the events of a bygone era but also helped shape the legends that continue to captivate people today.

Tombstone Epitaph Headlines

The Tombstone Epitaph, Marth 27, 1882 headlined with the murder of Frank Stillwell by Wyatt Earp et all

The Tombstone Epitaph – March 27, 1882

Frank Stilwell On March 27, 1882, The newspaper the Tombstone Epitaph announced the murder of Frank Stilwell in Tucson Arizona. Frank Stilwell was an outlaw…
The Tombstone Epitaph, March 20, 1882

The Tombstone Epitaph, March 20, 1882

The Tombstone Epitaph, March 20, 1882 reports of the murder of Tombstone Resident Morgan Earp while playing pool in Tombstone, Arizona. This event followed the…
The Arizona Historical Newspaper, the Tombstone Epitaph announces the gunfight at the O K Coral.

The Tombstone Epitaph, October 27, 1881

The following is the original transcript of The Tombstone Epitaph published on October 27, 1881 on the infamous gun fight at the O K Corral…

Warren Baxter Earp

Warren Baxter Earp ( March 9, 1855 – July 6, 1900 ), the youngest of the Earp brothers, was born into a family that would become synonymous with the Wild West and the lawlessness of frontier America. Though not as famous as his older brothers Wyatt, Virgil, and Morgan, Warren’s life was marked by the same tumultuous spirit and sense of loyalty that defined the Earp family.

Warren Baster Earp ( March 9, 1855 - July 6, 1900 )
Warren Baster Earp ( March 9, 1855 – July 6, 1900 )

Early Life

Warren Baxter Earp was born on March 9, 1855, in Pella, Iowa, to Nicholas Porter Earp and Virginia Ann Cooksey. As the youngest of the Earp brothers, Warren grew up in a household that was constantly on the move, eventually settling in Colton, California. Unlike his older brothers, Warren did not participate in the Civil War, as he was too young. He was, however, deeply influenced by his older siblings, particularly Wyatt and Virgil, who served as lawmen in the rough-and-tumble towns of the American West.

Tombstone and the Earp Vendetta Ride

Warren Earp first made his way to Tombstone, Arizona, in the early 1880s, joining his brothers in the bustling mining town. Although he was not directly involved in the famous Gunfight at the O.K. Corral on October 26, 1881, Warren’s presence in Tombstone placed him at the heart of the events that followed.

After the assassination of his brother Morgan in March 1882, Warren became an active participant in the Earp Vendetta Ride, a series of revenge killings led by Wyatt Earp. The Vendetta Ride was a direct response to the murder of Morgan and the perceived lack of justice from local authorities. During this period, Warren showed his loyalty to his family, joining his brothers in hunting down those they believed were responsible for Morgan’s death.

Later Life

After the events in Tombstone, Warren Earp led a relatively unsettled life, drifting across the West and working various jobs, including as a cowboy, stagecoach driver, and occasional lawman. Unlike his brothers, who eventually found some measure of stability, Warren never fully escaped the shadow of his family’s tumultuous past. His fiery temper and propensity for getting into conflicts often put him in dangerous situations.

By the late 1890s, Warren Earp had made his way to Willcox, Arizona, a small but lively cattle town that served as a hub for ranchers and cowboys in the region. Willcox, like many frontier towns, was a place where disputes were often settled with fists or firearms rather than words, and Warren, with his reputation and temperament, fit right into this rough environment.

The Fatal Encounter

On the evening of July 6, 1900, Warren Earp found himself at the Headquarter Saloon in Willcox. He had been drinking and, according to various accounts, was in a combative mood. Warren had a longstanding grudge against a local ranch hand named John Boyett, and that night, the simmering tensions between the two men came to a head.

Details of what transpired in the saloon are somewhat unclear, as different witnesses provided varying accounts of the events. However, it is generally agreed that Warren, who was known for his temper, began provoking Boyett, possibly over some perceived slight or lingering resentment. The confrontation escalated quickly, and Warren, who was unarmed at the time, reportedly taunted Boyett, daring him to draw his weapon.

Feeling threatened and perhaps fearing for his own life, John Boyett drew his revolver and shot Warren Earp, striking him in the chest. Warren collapsed to the floor and died shortly thereafter, his life ending in a manner not unlike the violent encounters that had defined much of his family’s history.

Legacy

Warren Baxter Earp was buried in the Willcox Cemetery, and while his grave is not as visited as those of his more famous brothers, it remains a part of the larger Earp legend. Warren’s life, though cut short, exemplifies the rough and often violent existence of men living on the frontier. His story is a reminder that the Earp family legend is not just one of heroism and law enforcement but also of the complexities and contradictions that defined the American West.

Earp Family Members

James Cooksey Earp ( June 28, 1841 - January 25, 1926 )

James Cooksey Earp

James Cooksey Earp ( June 28, 1841 - January 25, 1926 ) James Cooksey Earp ( June 28, 1841 - January 25, 1926 ) was…
Morgan Earp historical photo, 1881. Probably taken by C.S. Fly.

Morgan Seth Earp

Morgan Seth Earp, born on April 24, 1851, in Pella, Iowa, was a notable figure of the American Old West, primarily recognized for his association…
Virgil Earp 1843 -1905

Virgil Walter Earp

Virgil Walter Earp ( July 18, 1843 – October 19, 1905) was born in Lincoln County, Kentucky, was a prominent lawman and frontier figure known for his…
Warren Baster Earp ( March 9, 1855 - July 6, 1900 )

Warren Baxter Earp

Warren Baxter Earp ( March 9, 1855 - July 6, 1900 ), the youngest of the Earp brothers, was born into a family that would…
Wyatt Berry Stapp Earp - Aged 39

Wyatt Berry Stapp Earp

Wyatt Berry Stapp Earp (March 19, 1848 – January 13, 1929) was an American lawman and gambler who became a legendary figure of the Old…

Tombstone (Images of America)

Tombstone (Images of America) - Author: Jane Eppinga
Tombstone (Images of America) – Author: Jane Eppinga

Tombstone sits less than 100 miles from the Mexico border in the middle of the picturesque Arizona desert and also squarely at the heart of America’s Old West. Silver was discovered nearby in 1878, and with that strike, Tombstone was created. It soon grew to be a town of over 10,000 of the most infamous outlaws, cowboys, lawmen, prostitutes, and varmints the Wild West has ever seen. The gunfight at the O.K. Corral made Wyatt Earp and John Henry “Doc” Holliday legendary and secured Tombstone’s reputation as “The Town Too Tough to Die.” In this volume, more than 200 striking images and informative captions tell the stories of the heroes and villains of Tombstone, the saloons and brothels they visited, the movies they inspired, and Boot Hill, the well-known cemetery where many were buried.

About the author

Writing credentials include over 200 articles for both popular and professional publications. For four years I produced all material for the Arizona Sheriff Magazine. My writing credentials include more than 200 articles for both popular and professional publications covering a broad spectrum of children’s fiction, travel, personal profiles, biology, construction, food, and public relation pieces. My books include a biography of Henry Ossian Flipper, West Point’s First Black Graduate, Arizona Twilight Tales, and books in Arcadia Publishing’s Images of America series focusing on Arizona towns including Tucson, Nogales, Apache Junction and Tombstone. She writes regularly for Biology Digest a quarterly publication for high school science teachers. In 2009, Globe Pequot published my book. They Made Their Mark: An Illustrated History of the Society of Woman Geographers. That same year she made a presentation on the Society of Woman Geographers at the 10th International Congress of Women in Madrid, Spain.

Book Summary

NameTombstone (Images of America)
AuthorJane Eppinga
PublisherArcadia Publishing
Pages128 Pages

The Tombstone Epitaph, March 20, 1882

The Tombstone Epitaph, March 20, 1882 reports of the murder of Tombstone Resident Morgan Earp while playing pool in Tombstone, Arizona. This event followed the O K Corral shootout and the attempted murder of Virgil Earp. These two events caused Wyatt Earp to lead a vendetta ride across the desert hunting the assassins. The death of Moargan made the right side of page three.

The Tombstone Epitaph, March 20, 1882
The Tombstone Epitaph, March 20, 1882
Morgan Earp historical photo, 1881. Probably taken by C.S. Fly.
Morgan Earp historical photo, 1881. Probably taken by C.S. Fly.

March 20, 1882
THE DEADLY BULLET
The Assassin at Last Successful in His Devilish Mission

Morgan Earp Shot Down and Killed While Playing Billiards

At 10:00 Saturday night while engaged in playing a game of billiards in Campbell & Hatch’s Billiard parlor, on Allen between Fourth and Fifth, Morgan Earp was shot through the body by an unknown assassin.

At the time the shot was fired he was playing a game with Bob Hatch, one of the proprietors of the house and was standing with his back to the glass door in the rear of the room that opens out upon the alley that leads straight through the block along the west side of A.D. Otis & Co.’s store to Fremont Street.

This door is the ordinary glass door with four panes in the top in place of panels. The two lower panes are painted, the upper ones being clear. Anyone standing outside can look over the painted glass and see anything going on in the room just as well as though standing in the open door.

At the time the shot was fired the deceased must have been standing within ten feet of the door, and the assassin standing near enough to see his position, took aim for about the middle of his person, shooting through the upper portion of the whitened glass.

The bullet entered the right side of the abdomen, passing through the spinal column, completely shattering it, emerging on the left side, passing the length of the room and lodging in the thigh of Geo. A.B. Berry, who was standing by the stove, inflicting a painful flesh wound.

Instantly after the first shot a second was fired through the top of the upper glass which passed across the room and lodged in the wall near the ceiling over the head of Wyatt Earp, who was sitting as a spectator of the game.

Morgan fell instantly upon the first fire and lived only about one hour. His brother Wyatt, Tipton, and McMasters rushed to the side of the wounded man and tenderly picked him up and moved him some ten feet away near the door of the card room, where Drs. Matthews, Goodfellow and Millar, who were called, examined him and, after a brief consultation, pronounced the wound mortal.

He was then moved into the card room and placed on the lounge where in a few brief moments he breathed his last, surrounded by his brothers, Wyatt, Virgil, James and Warren with the wives of Virgil and James and a few of his most intimate friends.

Notwithstanding the intensity of his mortal agony, not a word of complaint escaped his lips, and all that were heard, except those whispered into the ear of his brother and known only to him were, “Don’t, I can’t stand it. This is the last game of pool I’ll ever play.” The first part of the sentence being wrung from him by an attempt to place him upon his feet.

The funeral cortege started away from the Cosmopolitan hotel about 12:30 yesterday with the fire bell tolling its solemn peals of “Earth to earth, dust to dust.”

References