Behan Transcript in PDF format

              TERRITORY OF ARIZONA
COUNTY OF COCHISE
In the Matter of Inquest on the boddies of Wm. Clanton, T.
McLowery and F. McLowery.
List of Jurors.
T. F. Hudson Jno. C. Davis
D. Calisher Thos. Moses
M. Garrett Harry Walker
S. B. Comstook C. D. Reppy
J. W. Connell R. F. Hafford
M. S. Goodrich George H. Hadkill
Territory of Arizona
County of Cochise
J. H. Behan being duly sworn deposes and says that his name is
John H. Behan and that he resides in the City of Tombstone, County
of Cochise, A.T. and is Sheriff of Cochise Coulkty A.T.
Q. Where you present ofi Fremont Street when
a. I was anser.
A. I do I know a l l of them (Statement) I slept l a t e tne aay of
the shooting got up about 1 or 4 past one o'clock I went to the
Barber shop to get shaved while I was abeing shaved someone said their
is to be trouble between Clanton and the Earp boys their was a good
deal of conversation going on in the barber shop about the trouble
that happened in the morning I asked the barber who was shaving to
hurry up I wanted to get out and disarm the partied-I meant a l l of
them everybody who had arms except the officers. After I had got
through in the barber shop I went out and across the s t r e e t to Mr.
Haf ford's corner-I asked the marshall Earp what was the excitement.
he said their was a l o t of I think S-B who wanted to make a fight.
I saia to him he had better disarm them he said he would not do it
i f they wanted to fight he would give them a chance-I said to;him
it i s your duty as a peace officer to stopp t h i s thing and I want you
t to do it I am going to t r y - I said I am going down to arrest and
disarm the cowboys meaning McLowery and any of them that was armed
and showing a disposition to make trouble. I l e f t Earp and came on
down to the corner of 4th and Fremont there I met Frank McLowery
standing in the s t r e e t holding a horse 1 told him I wanted him to
give up his arms he said he would not without those other people were
disarmed-I suppose he meant the browed Holliday Earp and others he said
he had done nothing and did not want to make any fight I looked down
Fremont s t r e e t and saw the Clanton brothers and Tom McLowery and I said
to Frank Come on down with me we went along down to where the boys were
standing-two of the parties who were killed and Ike Clanton I said to
them I would have to a r r e s t them a l l I want you to go up into the sherikrs
office and lay off your arms. Frank McLowery rather demurred from going
*up, and gave a s h i s reason that he wanted the other party, the Earp
party disarmed as w e l l . About that time I saw Marshall Earp Doc Holliday
Wyatt and Morgan Earp acoing down the s t r e e t expeting that their
would be some trouble i f they m e t I wakked up the s t r e e t toward them and
ordered them back, told them not to go down that I was their for the
purpose of disarming t h i s party they paid no attention to shat I said.
I appealed to them several times not to go any farther they passed me
said something I forget what it was but it was to the effect they would
not go back. When they go ;to the party of cowboys they drew their guns and sa
said you sons-of-bitches you have been looking for a fight and you can
have it. Someone of the party I think Marshall Earp said throw up your
hands we are going to disarm you.
Instantaniously with that the fight commenced they fought around
there and their was from 25 to 30 shots fired a l l the t i m e before the
shots were fired I was talking to the Earps and a l l the parties say-ing
put up your guns not to shoot I heard B i l l y Clanton say don't shoot
me I don't want to 'fight or soething to that effect I afterwards
saw Billy Clanton shooting whilst he was on the ground he was lying
0
on the ground with his leg crossed and his pistol resting on his knww.
Tom McLowery waid I have got nothing and threw his coat back to show
that he was not armed t h i s was instantly with the shooting almost
I
b a t the same t i m e the order to throw up their hands and t h i s remark
<
i and the shoting were almost simultanious a f t e r the fight was over
Wyatt Earp said to me you threw me off my guard you have deceaved
me you told me that you had disarmed them. I said I did nothing
of the kind and I repeated to him what I had said to their party
when I went down to disarm them.
Quest ions.
A. I put my hand around Ike Claaton and found he had no arms
I simply looked a t Tom McLowery he showed me that he had nothing
on him.
A. Ike Clanton said that they were just gettin
go out of town.
A. Frank McLowery and Billy Clanton were armed they were the
only two of the party who I know were armed
A. Frank McLowery had ding him down their I
think B i l l y Clanton had his horse with him, am not positive.
A. Their was six of us standing around including myself.
I said how many is their of you and they said four Claybourn
said he was not in the party
A. I can't say who fired the f i r s t shot it appears to me
that it was fired from a nickle paated p i s t o l t h e i r was two shots
very close together I know the nickle plated pistol was on the
side of the Earps. I won't say which one of the Earp crowd fired
it.
A. The only thing saw when the order to throw up your hands
was given was Tom McLowery throwing open his coat taking hold of
the lappels of his coat and holding it back
A. tTheir was a shot gun in the Earp party Holliday had it
he was putting it under his coat so as to get it effectually
concealed-that was when they were coming down the s t r e e t .
A. I can't say that I saw the shot gun go off their was
a scramable-I don't know whether the shot gun was fired or not
I think it was but did not see it.
A. I saw Billy Clanton f a l l f i r s t and then I saw Frank McLowery f a l l
on the north side of Fremont Street almost or exactly opposite
~ l' sy P lace-af ter the fight commenced
A. I did not Bee T. McLowery f a l l I did not see Tom until the
fight was over I then saw him on the ground after
A. The fight commenced on a vacant l o t on space between Fly's
Photograph Gallery and a l i t t l e board house below it on the sough
side of Fremont Street near the corner of Third Street. This was
in Tombstone, Cochise County, Arizona Territory.
A. It was a t thles spot where I met Tom McLowery and Ike
and Billy Clanton when I went down with Frank.
A. I am satisfied that two of the parties were not armed
I mean Ike Clanton and JTom McLowery.
A. When I went to disarm the McLowerys and Clantons I under-stood
there was likely to be a row between the Earp brothers,
Holliday and the Clanton Crowed and that is my reason for goinn
to disarm them
A. No one refused to give up their arms except Frank Mc-
Lowery he said that he came on business and did not want any
row he never refused to go to my office.
A. When I met the Earp party I did not tell them that I had
disarmed the other party I did not t e l l them that their would be
trouble i f they went down I told them I did not want any trouble
and would not allow it i f I could help it and not to go down.
A. Frank McLowery did not have his pistol drawn when Marshall
Earp told thim to throw up his hands.
A. A t the time I l e f t the McLowerys and Clantons and met the
Earps I considered the Clanton party under arrest but i don't know
e
whether they considerrd themselves under arrest or not after I turned
to meet the other party.
A. I l e f t them for the purpose of stopping the earp party
A. Nothing was said to me to lead me to believe that they
were asking in an offical capacity.
After the fight was over Wyatt Earp said we went their to dis-arm
that party I think I heard Virg say the same thing. The horses
.,.were saddled but Frank McLowery Billy Clanton and ofd man Frink
had just come into town. During ray conversation with them Ike
Clanton said we are going out of town but Frank McLowery said I
am not I am here on business.
Y*'
Is/ J.H. Behan
Filed Dec 1, 1881
M. A. Seamans
Clerk
E.W. Carr
Deputy