Shootout at the O.K. Corral | Vendetta | 4

0:28Hello, American History Teller listeners. on tickets and upcoming dates, go to AmericanHistoryLive.com. That's AmericanHistoryLive.com. Come see my Days That Made America tour live on stage. Go to AmericanHistoryLive.com.

0:56Imagine it's October 28, 1881 in Tombstone, Arizona. You're a typesetter by trade, but today you're doing your civic duty sitting on the jury for that shootout that happened two days ago at the O.K. Corral, leaving three men dead. You open the door of the small back room of the courthouse and take a seat around a wooden table as your nine fellow jurors file in and sit down themselves. The ten of you have just listened to the coroner's inquest, and now it's time to debate what you heard and determine if there's enough evidence to bring charges. You've volunteered to be foreman, and you want to make sure that justice is done.

1:32So you clear your throat and remind your fellow jurors of the task at hand. All right, gentlemen, according to the law, we have two jobs today. First, for legal reasons, we have to rule who killed Billy Clanton and the two McClory brothers. That should be easy. The Earp brothers and Doc Holliday aren't denying that they did it. So we can all agree there, right? Everyone murmurs in a sense, so you go on. But the second matter is a little trickier. We have to rule whether the Earps and Holliday were legally culpable and should face criminal charges. So I say we take a preliminary vote to see where things stand.

2:05So who here thinks the Earps and Holliday should be cleared? Three hands go up, including yours. And who thinks they should be indicted? Three different hands go up, leaving four undecided. An utter deadlock. One of the jurors who voted to indict stands up. He's an insurance clerk in town. I don't understand how you can say they're innocent. Not innocent, but they were carrying out their official duties as lawmen. Well, the only one of them that had a badge was Virgil. But he deputized his brothers in Holiday. Not officially. They just ran over there with their guns. A few people mutter an agreement, and the man goes on.

2:41Besides, you heard Sheriff Behan's testimony on the stand today. He was right there, and he says he heard Doc Holliday's nickel-plated pistol go off first. Holliday's the only person around who carries one. Holliday started the whole thing, and the Earps followed up. Behan said that, yes, but that testimony doesn't make sense if you think about it. Other witnesses saw Holliday carrying a shotgun, and that's a two-handed weapon. We know he fired it. That's how Tom McClory died. So how was Holliday shooting a pistol and a shotgun at the same time? Well, you can spin this however you want, but the Earps committed murder.

3:15I say they were only responding to the threats from Ike Clanton. Who they didn't even kill. Ike's still alive. And you better think hard about the consequences if we don't indict those lawmen. What do you mean by that? Well, you saw the funeral this morning. 300 cowboys were there. If we don't indict, every one of them is going to be looking for us. Now they're probably waiting outside right now. Your stomach tightens in vice. You know that threats like this shouldn't sway you. You have a duty to uphold justice. But that's a lot easier to say than do, especially in Tombstone. You suddenly wish you hadn't volunteered to be foreman.

3:52And you hope like hell that the ten of you can find a way out of this tough spot, or else there are plenty of gunmen willing to take justice into their own hands.

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5:51After the deadly shootout at the O.K. Corral in October 1881, the residents of Tombstone, Arizona were sharply divided over whom to blame and punish for the violent outburst. Many of them were tired of the fighting and worried about how Tombstone's growing reputation for disorder was harming its economic prospects. And when stories spread about Doc Holliday, Wyatt Earp, and his brothers instigating a gunfight, the citizens' wrath turned on them. Many people in town, including the sheriff, wanted to prosecute the Earps and Doc Holliday. But for friends of the dead cowboys, prosecution wasn't enough.

6:26They wanted Wyatt Earp and the others dead. This situation escalated until another round of shootings pushed Wyatt Earp to the edge and he decided to go after his family's enemies directly, even if it put him on the wrong side of the law. This is the last episode of our four-part series on the shootout at the O.K. Corral, Vendetta.

6:48On October 28, 1881, two days after the shootout at the O.K. Corral, the coroner in Tombstone, Arizona, launched an inquest into the deaths of Billy Clanton and the two McClory brothers. As a public official, the coroner had the power to convene a hearing if he thought foul play was involved, and in the shootout there was plenty of blame to go around. Multiple witnesses testified about Ike Clanton's threats and drunken rampage before the showdown, while others testified that the Earp brothers and Doc Holliday had provoked the Cowboys. But one bit of testimony stunned everyone. Sheriff Johnny Behan, who was an eyewitness to the shooting, had initially promised to back Virgil Earp in any investigation.

7:28But at the inquest, Behan changed his tune. He claimed that before any shooting started, Frank and Tom McClory had thrown their coats open to prove that they were unarmed, but they were mercilessly gunned down anyway. Moreover, Behan swore that the first shot was fired from a nickel-plated pistol. In Tombstone, everyone knew that only Doc Holliday carried one of those. The implication was that Holliday had fired first, and then the Earps killed the other cowboys in cold blood. Ten Tombstone men served on the jury for the coroner. It was up to them to rule who killed Clanton and the McClories, and then whether the Earps and Holiday were legally culpable and should face criminal charges.

8:08This responsibility, though, put them in a tough spot. If they voted to issue warrants for the lawmen, they'd incur the wrath of half of Tombstone. But if they didn't, they'd provoke the other half of Tombstone, including the Cowboys, who were itching for revenge. So instead, the jury issued a cautious, carefully worded statement saying that the three Cowboys had died as a result of gunshot wounds inflicted by the Earps and Doc Holiday. They did not recommend issuing any warrants, but didn't foreclose on the possibility either. This non-indictment enraged Ike Clanton, who was still mourning his brother's killing.

8:42And upon reading it, he marched into the office of the local justice of the peace named Wells Spicer and demanded a second hearing. Under Arizona law, justices could hold their own hearings on criminal matters and then refer the matter to a grand jury. So Spicer agreed to hold a hearing and set the date for October 31st, five days after the shootout. And by that point, the Earps had moved into the Cosmopolitan Hotel, which had better security than their homes. Virgil and Morgan were still recovering from their wounds and did not attend the hearing. But Wyatt and Doc Holliday did, and for their lawyer, the Earps and Holliday hired Tom Fitch, a former congressman.

9:19The prosecution team consisted of two local lawyers. Given the divided feelings in Tombstone, they calculated that they'd have a tough time securing murder convictions for the Earp brothers, so they charged them with a lesser degree of manslaughter instead. They reserved murder charges for Holliday, claiming he'd started the shootout and knowing far fewer people in town had sympathy for a drunken gambler like him. And at this hearing, the prosecution didn't need to convince Spicer that Holliday and the Earps were guilty. They simply needed to convince him that enough evidence existed for a grand jury to indict them and get the case into court.

9:54And during the hearing, Spicer's questions indicated sympathy for the prosecution, and observers felt sure that he would recommend an indictment. But everything changed on November 3rd, when a new lawyer joined the prosecution, none other than Tom and Frank's older brother, Will McClory. Will practiced law in Texas, where he was raising three children alone after the death of his wife. Nevertheless, he dropped everything and hurried to Tombstone upon receiving news about his brothers. When he arrived, McClory bullied his way onto the prosecution team and demanded murder charges for the Earps. And he might have succeeded in this, except for a monumental blunder.

10:31He called Ike Clanton to the stand. Given Clanton's drunken behavior before the shootout, most lawyers would have been worried about his credibility as a witness, but McClory forged ahead and Clanton's testimony proved disastrous. He gave long, rambling answers to McClory's questions, revealing himself to be confused and incoherent. Even worse, Clanton accused Wyatt and Morgan of taking part in the previous march's Benson stagecoach robbery that had left two men dead. Clanton further swore that Wyatt had asked him to murder his three accomplices to shut them up. Then, during cross-examination, the defense lawyer Fitch destroyed Clanton's testimony.

11:10Fitch also produced the telegram that exposed Clanton's secret deal with Wyatt to lure the stagecoach killers into a trap. Clanton's worst fears had come true. The cowboy gangs now knew he'd try to betray some of them. Then, after calling two dozen witnesses over two weeks, the prosecution rested. It was the defense's turn next. On November 16, 1881, attorney Fitch began by calling Wyatt Earp to the stand. And in doing so, Fitch deployed a clever tactic. Under Arizona law, instead of being questioned and cross-examined, defendants could read a prepared statement. If they did so, they could avoid cross-examination.

11:48Reading his statement, Wyatt gave a great performance, plain-spoken and convincing, a sharp contrast to Ike Clanton. And for Virgil's testimony, the court had to shift to the hotel where he was recovering with a leg wound. Justice Spicer, the prosecution and the defense lawyers, and all the witnesses marched to the hotel to continue the proceedings. But the sight of the ailing lawman, wounded in the line of duty, no doubt tugged on Spicer's sympathies. The defense did not call Doc Holliday or Morgan to testify. So testimony wrapped on November 29th, and then the lawyers and defendants gathered in the courtroom the next day to hear the decision.

12:24The defense team winced as Spicer recounted how Virgil had brought along his brothers on Holliday to confront people who were openly hostile to them. Spicer characterized this decision as a foolish and reckless act. But then he continued by saying their actions were not illegal. The Clantons and McClory's were violating the law and carrying guns and clearly posed a menace. Spicer also noted that the majority of the evidence supported the Earp's version of events. Therefore, Spicer was recommending against a grand jury bringing charges. But this final failure to indict the Earp brothers and Holiday infuriated the Cowboys of Tombstone.

13:00Lurid newspaper stories described them drawing up a hit list written in blood. And outside Tombstone, the newspaper coverage was equally frenzied. Tombstone already had a reputation for lawlessness, but the coverage only grew worse after the shootout. Even U.S. President Chester Arthur considered sending in federal troops to assert martial law. The Tombstone City Council was appalled. Their dreams of making their town the San Francisco of the Desert were crumbling. So to distance themselves from the herbs, the council demanded that Virgil step down from his appointment as acting town marshal. for a man who'd taken a bullet in the line of duty, it was a painful rebuke.

13:38And unfortunately for Virgil, things were about to get worse.

13:45Imagine it's December 28, 1881. You're a doctor in Tombstone, and it's past midnight, but you're sprinting down the street with your medical bag. You yank open the front door of a hotel and spring up the stairs two at a time. Inside room 215, you find a chaotic scene. Virgil Earp has been shot. He's lying on the bed, covered in blood. His brothers are there too, plus their wives. You hurry up to a colleague of yours, another doctor in town. God, it's a madhouse in here. What's the prognosis? I don't know. I just got here myself. I can't get near the patient. We need to get these people out of here.

14:20You drop your bag, strip off your overcoat, and hop onto a footstool. Everyone, everyone, I know you mean well, but you need to leave. Please, go into the hallway and let us work. It takes a minute to herd them all out, and the last to leave is Virgil's wife, Allie, who caresses his face. You feel a lump in your throat, but you gently steer her into the hall, and then you turn to your colleague. All right, now let's cut his shirt off and get a look at what we're dealing with. Given how Virgil is lying, you examine the right side of his back and torso first. Looks like a shotgun blast. I'm seeing wounds to deliver.

14:54He's got wounds near the kidney and spine back here, but they're pretty superficial. These are too. All right, this is looking better than I feared. Let's turn him around, get a look at the other side. As soon as you roll Virgil over, he gasps in pain and passes out. You soon see why. His humerus is shattered. You can even see bones sticking out. Oh, this is bad. Looks like his upper left arm took the brunt of the blast. I don't think I could save this. Can you? You probe the wound with your finger and study it for a long moment. Then you shake your head no. You're certain the arm will need amputating, and you're already dreading having to tell his wife.

15:32But that's not the only bad news. Given the amount of blood loss, you might have to forget saving his arm. The real question is whether you can save Virgil's life.

15:44Near midnight on December 28th, two months after the shootout at the OK Corral, Virgil Earp was ambushed while walking home alone after an evening at a saloon with his brother Wyatt. Wyatt heard the gunfire and raced to help. He and a few bystanders then carried Virgil to a nearby hotel to await doctors. When he came to and was informed of the damage to his arm, Virgil tried to keep a stiff upper lip. Don't worry, he told his wife, Allie. I've still got one arm left to hug you with. But deep down, he was terrified of losing the arm. Against his doctor's orders, he refused to let them amputate.

16:18He said he'd rather go into the ground whole than live with one arm missing. It seemed like a rash decision. The risk of infection was high, but the doctors bowed to his wishes. A later investigation into Virgil's shooting determined that the gunshots came from a building under construction where the perpetrators had concealed themselves to lie in wait. It was easy to drop a list of suspects. It included several members of the cowboy gangs, including Curly Bill Brocious. Several ranchers were on the list as well, including Ike Clanton and his older brother Finn. In fact, Ike's hat was found in the building where the shots came from.

16:54This was more than enough proof for Wyatt Earp. As his brother's life hung in the balance, he made a fateful decision. If the law couldn't control these cowboys, then he would take action himself.

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19:05After a painful recovery, Virgil Earp ended up surviving the assassination attempt made in late December 1881. But his doctors had to remove five inches of bone from his shattered left arm. After that, the arm was useless. Virgil was crushed by the outcome. At that time, he was still technically the U.S. Deputy Marshal for Tombstone. But for all practical purposes, his days of law enforcement were over. Wyatt Earp's, however, were not. He sent a telegram to the U.S. Marshal for Arizona. asking to be deputized as a new local marshal, and a feeble Virgil swore his young brother in. Wyatt, in turn, deputized his brothers Morgan and Warren, Doc Holliday, and three other friends, and organized them into a posse.

19:49Wyatt knew his posse would have a difficult time tracking down Virgil's shooters. The outlaws had likely scattered far and wide, and the landscape around Tombstone was dotted with innumerable canyons and other hiding spots. And to do the hunt properly, they'd need rifles, good horses, and supplies, which meant money. Wyatt initially appealed to the head territorial marshal for funds, but the wheels of the federal government turned too slowly. So to avoid delays, Wyatt sold his lucrative quarter stake in the local saloon. He was pushing in all his chips to avenge Virgil, and he would prove ruthless in his pursuit.

20:27Imagine it's January 1882. You're a widow in Charleston, a mining town nine miles southwest of tombstone. You're scrubbing some filthy clothing in a washbasin. Doing laundry is the only income you have, and it's barely enough. Suddenly, you hear a banging on your door. Confused, you open the door to find three men, all tall and mustached. They're dusty from writing. Before you can say anything, two of them shove past you and start ransacking your place, pulling open closets and yanking open drawers. Stop that! Who are you? You rush toward them, but the third man grabs your arm. Stay back, miss.

21:03What's going on here? We're with Wyatt Earp. You know the Earps? From Tombstone. What are you doing here? We're deputized federal marshals, and we have jurisdiction over the whole territory. Well, what do you want with me? We're hunting for the outlaws who shot Virgil Earp, and we've heard that men have been seen coming and going from here all week. Those are my customers. I wash their clothing. You can see piles of it over there. The deputy calls out to one of the others. James, check that clothing. James starts kicking the clothes, getting dirt all over them. When you try to break free to stop him, the deputy grips your arm tighter.

21:37Ah, do you really think these outlaws are hiding under my laundry? Well, there could be weapons. Evidence. You never know. You stand there helpless as the men paw through every cupboard and then climb into your attic. As a final insult, one grabs a half loaf of bread from your kitchen on his way out the door. After they leave, your home looks like it was robbed. They even tore some of the clothing you washed. Hot tears of rage start to well up in your eyes. You've never understood how anyone could oppose a lawman out here against the likes of those hooligan cowboys, but right now you feel a sudden hatred for Wyatt Earp and his deputies.

22:17Wyatt Earp and his posse ransack several towns around Tombstone in their pursuit of Virgil's shooters. Their aggressive raids, storming houses and flashing their guns, angered hundreds of innocent people and all in vain. The posse found no trace of the shooters. The only thing they accomplished was to turn otherwise sympathetic people against them. Still, as word of the raids got around, some of the cowboys got nervous. They saw how relentless Wyatt was and calculated that he'd never give up. This was especially true of the Clanton brothers, Ike and Finn, who had a cowardly streak. So rather than face Wyatt, the Clantons and two others finally surrendered to another posse, led by an agent of Wells Fargo, which wanted peace and stability to run its business.

23:00For the Clantons and their outlaw friends, this turned out to be a smart gamble. In a preliminary hearing, one of Wyatt's deputies testified that he'd overheard Ike say something suspicious after Virgil was shot, that he, Ike, would now have to finish the job. It was also the matter of Ike's hat being found at the crime scene. Nevertheless, a judge ruled that the evidence against the four men was circumstantial. He dismissed all charges before the case even went to trial. Wyatt was furious. He began contemplating whether to turn full vigilante, to go after Virgil's shooters with the sole intention of killing them.