Do you think Behan is the more trustworthy man or Virgil and Wyatt. That call might say a lot?
The Earps walked by Behan but there was dialog between them as reported by all three.
They were focused on the group in front of them--the men breaking the law that they were hired to enforce.
You're coming to assume everything the Earps say is a lie-right? Remember you are rejecting the judgment of the Judge, Grand Jury and two other courts.
I was leisurely reading a few Tombstone books and observed that Shibell was in town on the day on the gunfight and another gentleman that later became a U.S.senator that was speaking to Frank just... more
Nick As Spicer said very clearly and totally correct, the issue was if surrenedering men were gunned down or not. Whether Tom was unarmed or not is not important for the exact reasons stated by... more
Bruce: I have been interested in this question for a while, but currently have no answers. I have talked with Ms. Marks (a lovely lady) about her references to this---not yet resolved---and was... more
One of Arizona's first senators was identified as the tall man talking to Frank just before the gunfight. Martha King witnesses Smith talking to Frank and overhearing Frank say "If you wish to find... more
What is the basis for assuming that the man Frank was talking to was Marcus Smith? Smith was involved in the prosecution of the case from the get-go. On November 1, 1881, Ike Clanton paid Smith $375... more
p.213 of "And Die in the West" states " Smith has been identified by researchers as the "tall man" to whom Martha King saw Frank talking after he arrived at Bauers to do her grocery shopping". "She... more
bfrey Why does "has been identified by researchers" mean anything unless the researchers and their sources are given? You mention Behan's jailer Billy Soule as being nearby and he was there. If he... more
Tom, are YOU going to "relax" just from hearing a line of b.s. from Behan? Really? Please...tell me it ain't so. Is Morgan going to relax when a guy he despises - at least six times over - tries to... more
K.t.K: I seem to remember some word that you have been working on a book about ME. If true, are you close to publishing. I, for one, am very eager to learn more about ME, especially his time as a... more
Kenny had more on Morgan than anyone could imagine!! Along with some documentation that is spectacular! Hope I didn't say too much! I would be the first in line to read Kenny's accounts of Morgan... more
Steve, I’m sure you are referring to William L. “Billy” Brooks, aka “Bully” Brooks, aka “Buffalo Billy” Brooks. There was no incident between he and Morgan Earp in Montana as the former had died in... more
Another myth dispelled! Without recreating your whole rough draft here, would you kindly say the who, what, why, where, when and how involved in that gunplay? It'll tide me over for a little while.... more
There happened to be a special place available for engagements of dispute ranging the whole gamut from cussing matches, rough & tumble brawls, knife fights to pistol duels. It was a piece of land in... more
KtK Who am I to disagree with them? We can only speculate about Morgan's attitude as he is not on record. Your specualtion sounds pretty good to me. Doc has his shot gun up and ready. He knows to not ... more
As I recall Wyatt was just reading.... reading the words compliled by the high-priced lawyer. This is what we do when paying out the nose to high-priced attorney. We submit to their professional... more
KtK On page 152 of Turner Johnny Behan confirms what Wyatt and Virgil said to him at the time. When all three, Behan, Virgil and Wyatt, agree at the time that something was said, most observers would ... more
I always believed that Wyatt's light bulb or realization that Behan had said those words came just after Behan tried to arrest him. Wyatt was supported by a citizen who said those men did... more
After the fact it fits into Fitch's defense "theory." Those Earp boys blew right past Behan with no hesitation to the purpose. They knew Johnny for a liar ever since November 1880. k
BOTH Wyatt and Virgil said that. You get a choice Tom Gaumer,Tue Apr 17 08:59
Tom Behan was more trustworthy than Wyatt or Virgil. And he was not on trial here. And I would like a legal opinion on to what extent the lack of action by the Grand Jury, and those other courts... more
Williams was on the grand jury (December term, 1881) that would not indict the Earps. That grand jury had several people we can identify as Earp supporters, for instance (besides Williams): Sylvester ... more
Peter Behan's quality as a witness was on trial as was the quality of every other witness. I don't think Behan's life record was as good as you seem to think. Here is an obvious example. When the... more
I agree, sources should of been given, but Marks failed to identify the sources? I think there were a few other testimonies that would of been useful if they testified. Obviously this case was about... more
bfrey, Given the fact that Ike Clanton was the one who leveled the charge of murder against the Earps and Doc Holliday, was Litttleton Price empowered to lower that charge, on his own, to manslaugher ... more
The office of the Prosecutor determines what charges to level and what they can prove. Ike and Wm McLaury demanded and lobbied for the charges they wanted. That is not suppose to be the way it works. ... more
Without a primer in territorial law, it is difficult to offer strong opinions on how things were supposed to work. We can't assume that the laws of 1881 Arizona operated the same way that they do in... more
Obviously there are differences, but obviously Ike did not know what the differences were in a legal complaint. Ike charged everyone with the highest count irregardless of the evidence. Is it any... more
"regardless" or "irrespective." "Irregardless" is not a word. Or, rather, it is a word, but it is the sort of incorrect word that will get you red-flagged every time by the grammer police. File it... more
Doc could of been charged with manslaughter or another form of murder by the witness statements the cowboys presented. I didn't say the statements were true but they could of convinced a jury. If Doc ... more
Thanks I will file it. You rarely disappoint Mr.Olds. If you hadn't jumped in with your comments I would of been disappointed. It is so predictable. As I mentioned before you amuse me, so keep... more
spelling police, not the grammer police. I would "have" been disappointed. Not I would "of" been disappointed. Insert comma after "disappoint" Insert comma after "comments" Insert comma after... more
Offering any good points, means participating in the forum with ideas and insight. You seem to just lurk around and pounce on others with your delightful criticism. If that makes you happy, please... more
I don't "pounce" on others. I reserve my "pouncing" for you specifically owing to you specifically being the prime offender in these matters. If you posted less, it would be less of an issue, and I... more
that you were so attentive to my posts. That you give so much attention to them is very flattering.??????? Your silence of course would mean you don't care. Not Canadian no, not a writer, english... more
I "pay attention" or am "attentive to" your posts. It's that there are so many of them--they DO seem hourly to self-propagate, or, rather, more accurately, metastasize like carcinogens--that I often... more
Yes I do understand the definition and insult. I would ask if you than understand respect, honor, and dignity? I would hope a intelligent man as yourself and an author would rise above these petty... more
You honor yourself too much by assuming you have an original question or response. This is all I have ever seen from you. I had no idea you were so sensitive. I will try and limit my posts for your... more
teach a community college I think they would need a person with your talent. Got an original thought or idea let me know, otherwise your wasting my time. You could at least spell right if you or... more
I believe Ike swore out the complaint and the warrant was issued on his sworn complaint/affadavit. Today a citizen makes a complaint and an officer/prosecutor will obtain a warrant signed by a judge. ... more
bfrey, Don't you think that because of the politicalization of this case that had Price charged the Earps and Holliday with a lesser charge than murder that the NUGGET would have voiced indignant... more
I have to imagine that the Nugget would understand Price's decision if it was explained? The Nugget always voiced indignant outrage. Bottom line who was in charge of this decision, Ike, Will, and the ... more
First, Marks did identify her source--see p. 443 (213. "tall man": CI, p. 15.). CI in her note system stands for Coroner's Inquest. We don't know where the other officers were. Bronk may have been at ... more
Yes, speculation isn't useful I agree. What is factual is that no other law enforcement officers were enlisted to enforce a local ordinance. There were other sworn officers that easily could of been... more
Judge away, but keep in mind that your judgments are likely to say more about you than they are about Virgil’s decisions that day. I think that is Gary’s point. The rather uncomplicated truth is that ... more
bfrey, The fact is that the men who confronted the cow-boys in the vacant lot were the very same men that Ike Clanton had been threatening all morning long. If Virgil Earp had enlisted other deputies ... more
That's another good point. The men who confronted the cowboys were the same men who had been repeatedly threatened. Therefore, by the standards of honor operative at the place and time, having the... more
So as to Ike threatening and calling the tune we have to question if the others were actively involved and aware of the level of Ike's threats? Ike at one point was a one man band. Ike was also... more
bfrey, Well, Frank McLaury may have had his own private tune playing in his head. While it was Ike's dim-witted public one-man-riot that put Tombstone on edge, it was Frank McLaury's intransigent... more
swaggered: past participle, past tense of swag·ger Verb: Walk or behave in a very confident and typically arrogant or aggressive way. That is basically the way that many Tombstone citizens believed... more
In my opinion the Earps should of been a little more contrite about taking 3 lives. They should of took the posture of acting remorseful, regretting their actions and saying so. They still had the... more
swagger and sashay suggest an element of strutting, arrogantly in the former case, with a certain contrived, "look-at-me" nonchalance in the latter. My own hunch, based on nothing, is that the Earps... more
They listened enough to get themselves in trouble. If you rub your hands in catfish charlie they are going to stink for a while no matter how much you try to wash them afterward. Others can even come ... more
bfrey I don't understand your question mark after "...Marks failed to identify sources?" Are you saying she did identify them because I don't see where? Once into a trial who would not try and win?... more
in error. Sills reported overhearing the cowboys making threats. He indicated they were doing this on the open street. Whether you find him believable is another matter but he is a source that... more
Sorry about the question mark after the quote. I guess I was asking why she wouldn't list a source regarding that comment. You explain it perfectly, who would not try and win. Everyone tries to win... more
bfrey In most books including the best on these subjects, like "Doc Holliday The Life and Legend" and "Wyatt Earp The Life Behand the Legend" the footnotes are so clear and easy to follow. A few... more
Bruce But about Smith. Probably this is old hat, I don't know. http://trove.nla.gov.au/ndp/del/printArticlePdf/72323502/3?print=n Smith obviously saw something, because he was called for the inquest. ... more
Anyone read this? Apparently it has info on Senator Smith and I am wondering if the good Senator ever related anything about Tombstone history in his later years?
Fazio's article is an interesting portrait of Marcus A. Smith, but it doesn't provide much detail about the Earp- Clanton troubles. It may be of interest that he and Lyttleton Price, the district... more
that Marks and others identifies Mrs. King's "tall man" as Marcus Smith. My question is what is the basis for the conclusion. In the Hayhurst manuscript, Hayhurst says flatly that the "tall man" was... more
Hayhurst may be the only source that says it outright? In Turner's O.k Corral inquest in his editors notes, he states that it was Smith, Behan, and Mclaury. Turner thinks that the statement by... more
I did not say that Hayhurst was the only person to say it. I said that Hayhurst appears to have been the first to say it--that I know of at least. You cite Turner, but you need to remember that his... more
I was not supporting the conversation that was overheard, I was merely stating what Turner had said and his guess what the two subjects were talking about.... I also think that being a lawyer... more
bfrey, Right now, we simply don't know who Frank McLaury was speaking to in the exchange overheard by Martha King. However, I think we have been missing what is really puzzling about the words Mrs.... more
another one opens, that's what makes this so interesting at least to a novice like myself. Do we know what Smith's position was a the time, if it was indeed Smith? Was he a lawyer or a prosecutor? If ... more
bfrey, 1.) Since we don't know who Frank McLaury was talking to, it is hard to see why you continue to be so focused on Smith. 2.) Again, if the cow-boys were headed for the West End Corral, why... more
Obviously there is no correct answer to why they picked there location to gather and decide their course of action. They were out of view of the Earp's and maybe looking to confront Holliday? At one... more
bfrey, 1.) What evidence do you have that Frank McLaury was talking to Marcus Smith? 2). You won't like this, but as a former teacher, can you please try to present proper spelling and grammar in... more
We have a witness seeing him talking to a tall man and listening to the exchange that was noted. I gave you the details of the evidence that it could be Smith. I will make a better attempt, but when... more
bfrey, I don't know who the "tall man" who Frank McLaury talked to was. As of now, I simply consider the "tall man" to be unidentified. My Best, Jeff Morey
There is some evidence pointing to the tall man as Smith. It certainly is not conclusive, but there is some evidence. What is the bearing on this whole scenario if it was or was not Smith? Smith was... more
The plain fact is that we would not be having this discussion at all if Pat Hayhurst had not identified "the tall man" as Marcus A. Smith in a note. The plain fact is that we have no idea whatsoever... more
No Mr Smith was not the tallest man in Tombstone, he was a very large man by the standards in those days. He was the tallest man on Bauer's porch before the gunfight. Unless Bob Paul was lurking... more
bfrey, You write: "He (Marcus Smith) was the tallest man on Bauer's porch before the fight." How did you determine that Marcus Smith was on Bauer's porch before the gunfight? My Best, Jeff Morey
I think that he going to assume that it means what he wants it to so that he can continue. This is similar to the "swaggering" argument. The Earps were known to have a rather stoic and laconic... more
Were you referring to Endicott Peabody’s Really Big Adventure” (2003) by S.J. Reidhead. Reference your comments? If so I apologize for my inappropriate comments.
Chris, You have been commenting on this board with articulate prowess. Unless you have walked the walk I suggest the verbiage that you demonstrate should be restrained. Franks refusal to surrender... more
bfrey, You write: "Franks refusal to surrender his arms appears to have been done in front of a weak sheriff, in front a large crowd assembled....." What "large crowd" are you talking about? My Best, ... more
King relates there was a group of men gathered on the sidewalk area of Bauer's. I suppose the defintion of "large crowd' is open to interpretation? Nevertheless, there was an audience that was... more
bfrey, How did you determine that the men Mrs. King saw as she entered the market were still there when Behan and Frank McLaury passed? My Best, Jeff Morey
When a witness here tries to make an identification of a suspect and thinks its him, looks like him, could be him, but isn't positively sure we call it a partial identification. The witness has seen... more
The question is what witness (a person who was there at the time) said that the tall man looked like Smith, could have been Smith, but wasn't sure it was Smith? What we have is a researcher who was... more
Stated she saw the tall man talking to Frank or the man leading the horse. No one except Hayhurst made that connection and why he did it is apparently lost? Smith was a very big sized man and would... more
bfrey, You write: "If this is or isn't Smith, is it critical to anything? So why would someone (Hayhurst) say that it is Smith. Hayhurst was not trying to make a point or influence anything, he was... more
That Smith was a very large man. That Martha King identified a "tall man" speaking to Frank. That Smith had been called to the hearing and dismissed for unknown reasons. That Smith was obviously... more
We're not ignoring plain facts. We're asking that the facts be connected in some reasonable manner. This is not circumstantial evidence. It is an idea planted by Hayhurst and watered by our desire... more
admittedly the Earl Chafin version of Adelias memoirs on page 12: "About Lake's book: The boys I know were bitter at Mark Smith because he saw the fight {Shootout at he O.K. Corral] and knew what... more
First, there are still some questions about the authenticity of Adelia's memoir. I don't have Chafin's version, but he did occasionally modify the documents he published. Second, and far more... more
Dillon and Kinneally were noted being close to the post office just before the fight. M.A. Smith was in a legal practice with James Robinson. Robinson represented Ike after the fight. The "tall man... more
No Hayhurst is not providing any conclusion and he didn't mean to do that. He merely made the notation because it didn't mean anything. However, he got the information he obtained, he did not... more
Sheriff Behan testified that after leaving Virgil Earp at Hafford's, "I then went down Fourth street to the corner of Fremont, and I met there Frank McLowry holding a horse and talking to somebody."... more
From the EPITAPH, cross examination, third "Q": "Q. Where were you when you heard the words to which you have just testified? A. In the first folding door. "Q. Do you know to whom these words were... more
bfrey, Your logic totally eludes me. 1.). You write: "Hayhurst's word is not evidence...". Then why do you continue to treat it as evidence? 2.). How do we factor in the description by Mrs. King? All ... more
Smith would of testified about the events leading up to the gunfight. If you are vaguely familiar with witness testimony and how they are called you would most likely understand the concept.... more
I treat it as evidence because of a few supporting factors associated with Hayhurst putting his name in the documents. Did Hayhurst pull that out of thin air? Is that the contention? We factor in... more
You never fail to disappoint either by going on the personal attack. Whether it be Nick or whoever you feel should suffer from your insults. I have always expected more of you, but I consistently get ... more
Tom Gaumer Adelia Earp Edwards on Mark Smith, Tue Jun 21, 2011 16:25 Jeff admittedly the Earl Chafin version of Adelias memoirs on page 12: "About Lake's book: The boys I know were bitter at Mark... more
Was the minor and son who allegedly witnessed the gunfight ever identified or are these just images for old timer accounts? The miner after seeing the fight wanted to go for his shotgun as he stated... more
bfrey He said he and his father witnessed the fight from their office window across from Fly's on Fremont. Their office was on Toughnut Street and Mr. Lewis was lying. If Lewis comments are taken... more
I, too, have always been interested in Shibell's role (or lack of one) in the hearing. One of the defense attorneys asked Behan if he had not, in fact, characterized the difficulty to Shibell as a... more
the question put to Behan regarding what he might, or might not, have said to Shibell. The defense attorney was simply employing a cheap-lawyer trick, i.e. asking a question to which he knew the... more