Testimony of John H. Behan and Clerk’s Cover and File Sheet, 1881

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 all of them 

(Statement) I slept late the day 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 being 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 all of them everybody who had arms except the officers. After I had got through in the barber shop I went out and across the street to Mr. Haf ford’s corner-I asked the marshall Earp what was the excitement. he said their was a lot 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 if they wanted to fight he would give them a chance-I said to;him it is your duty as a peace officer to stop this thing and I want you to do it I am going to try - 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 left Earp and came on down to the corner of 4th and Fremont there I met Frank McLowery standing in the street 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 street 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 arrest them all I want you to go up into the sherikrs office and lay off your arms. Frank McLowery rather demurred from going *up, and gave as his reason that he wanted the other party, the Earp party disarmed as well . About that time I saw Marshall Earp Doc Holliday Wyatt and Morgan Earp acoing down the street expeting that their would be some trouble if they met I walked up the street toward them and ordered them back, told them not to go down that I was their for the purpose of disarming this party they paid no attention to what 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 all the time before the shots were fired I was talking to the Earps and all the parties say-ing put up your guns not to shoot I heard Billy 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 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 this was instantly with the shooting almost at the same time the order to throw up their hands and this remark < and the shoting were almost simultanious after 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. Questions. 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 Billy 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 first shot it appears to me that it was fired from a nickle plated pistol their 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. There 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 street. 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 fall first and then I saw Frank McLowery fall on the north side of Fremont Street almost or exactly opposite ~ l’ sy Place-after the fight commenced A. I did not Bee T. McLowery fall 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 lot on space between Fly’s Photograph Gallery and a little 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 at the 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 tell 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 if 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. At the time I left the McLowerys and Clantons and met the Earps I considered the Clanton party under arrest but i don’t know whether they considered themselves under arrest or not after I turned to meet the other party. A. I left 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.

Is/ J.H. Behan 

Filed Dec 1, 1881 

M. A. Seamans Clerk 

E.W. Carr Deputy