The TRial of Wyatt

[Cindy Smith]

I am a little confused...... I have been reading about the trial (or should I say "trials") of Wyatt, his brothers and Doc in regards to the shoot out on Oct 26. I find that there was more than 1 trial, but I can't find out the actual DATES and WHERE the trials actually took place. Some resources say they were held in Tombstone, while others say Contention City. Can you help me straighten this out. I would appreciate it might fine! Thank ya, Marshall!  Cindy

[Robert Harwell]

Apologies, Marshall...

 

I believe the only trial Wyatt, brothers, and Doc ever endured, as it relates to the OK Corral incident, was the one in Tombstone.  The same trial Judge Spicer determined that there was not enough evidence any Grand Jury would find cause to go to trial. 

 

Ike Clanton persuaded other judges, in other districts, to issue warrants for arrest, but lawyers for Wyatt's side submitted writs of habeus corpus (sp?) for release.  They never had another trial, depsite the tenacity of Ike and Will McClaury (I think it was Will).

[Marshall Trimble]

Hi Cindy,

Robert nailed it. I couldn't have put it better. Ike and Will were pretty persistant even after the wounding of Virgil in late December. Then Morgan was assassinated in March and Wyatt's vendetta began.

When the boys couldn't get it done in the courts they resorted to backshooting.

[Cindy Smith]

Thank you all for your help!!! Cindy

[Marshall Trimble]

Hi Cindy,

Sorry it took so long to get back to ya. I took a bad fall back in February and eventually had to have rotator cuff surgery and I've been kinda lame but here is a brief summany of the wherefors and the whys after the "street fight."

          The movies usually end with the “street fight,” and most folks believe the feud, like the film, was over. However, there was more action to follow. Judge Wells Spicer concluded the hearings on November 29^th 188,  ruling the Earps were justified in their actions. Much of the nation’s focus was now on the outlawry in Cochise County. Ike Clanton’s fallacious, uncorrelated testimony did in the prosecution’s case but it also damaged the Earps reputation. Most of the debunking today is the result of his twisted tales at the hearings.

          The Cowboys lost that round still the rustling and stage robberies continued. President Chester Arthur prevailed upon Congress to enact legislation that would allow the U.S. Army to act as posse comitatus but no action was taken in Washington. Virgil Earp was ambushed on December 28^th and seriously wounded. Ike was seen running away.  There were other threats to Mayor John Clum, Judge Spicer, Marshall Williams and of course, the Earps and Doc Holliday.

          Ike continued to dodge the long arm of the law, producing witnesses to testify on his defense and playing for public sympathy.

          Judge William Stilwell (no relation to the outlaw) told Wyatt, “…..next time you’d better leave your prisoners out in the brush where alibis don’t count.”

          Ike, basking in his dismissal of charges from the shotgun shooting of Virgil, took the offensive and re-opened the case against the Earps in Contention City but the judge refused to hear the case unless new evidence was introduced.

          A few weeks after that setback, on March 18^th Morgan Earp was assassinated. Knowing he would never find justice in the court system Wyatt decided to call upon the law of the gun.

 

[Cindy Smith]

Sorry to hear about your accident, Marshall. I've had  that rotator cuff surgery before as well... must be all that shootin' we do, uh! I appreciate all the info you and all the cowboys have written. It clears me up now! Hope you're doing better! Cindy

[Marshall Trimble]

I'm gettin' physical therapy three times a week and its helping but the recovery is taking some time. I had it on the other arm about 25 years ago and I reckon I healed faster back then. My therapist is great. I refuse to show pain during the treatment because there are two pretty women who also work there. I haven't had my arm and neck in such contortions since I was in the 7th grade and the 9th graders used to give us Indian burns and half-nelsons. 

[Zeke Thundercolt]

 

Question for you Marshall,

In Judge Spicer's report (linked above) he states that before the street fight by the OK Corral, Wyatt was acting in a legal capacity, "Wyatt Earp at the time being a sworn policeman".

So my question is, was Wyatt actually wearing a badge at that time, and if so, what did the badge look like?

I'd appreciate your perspective on this.

Zeke

[Marshall Trimble]

Hey Zeke, sorry it took so long to get back to you. I didn't see this until yesterday. I've discussed it with Casey Tefertiller and nobody knows whether or not Wyatt was wearing a badge at the "Street Fight." We know both Wyatt and Morg had been deputized by City Marshal Virgil for some time but there were no photos taken that day. That begs the question, where was C.S. Fly and his ubiquitous camera?? The only photo of Wyatt wearing a badge was taken at Dodge City. Another thing, Casey says, "No one has ever found a Tombstone badge from that era."

Since Virgil was marshal we would assume he wore a badge. For that matter one could assume that since they were on their way to make an arrest Wyatt and Morg would have been carrying badges. But there seems to be no mention of it.