Hi Bruce and Gary
Yes, I think this should be posted separately, and thanks Gary for the Epitaph version, which I had never seen. And those are good points.
In the discussion about Marcus Smith (quite reasonable to raise IMHO, Bruce), the issue was that it was only a supposition by Hayhurst. It got me to wondering whether Hayhurs's identification had been accepted uncritically for others. For example, it is accepted that Frank was the man with the horse outside the butchers, largely on Hayhurst. OK, that would fit with Behan's account, and Kehoe's that Frank had held the lines from leaving the shop to his death. But Kehoe also says he had been talking to frank AND Tom outside his shop.
King's Epitaph version raises the possibility there had been two horses (and presumably two cowboys) at some point while she was in the shop. This meshes better with Kehoe. Is it possible that Tom went down to join the others a little before Behan arrived (but Tom didn't have a horse, it's driving me mad!). I have often thought things were probably more confused and fluid than button-down testimonies show. These guys were not writing essays, they could overlook a detail, without it being a case of perjury.
Gary, I'll take a punt. That question whether "you will find us below here" was to Holliday or Earp was a head feint by the Prosecution. They knew it wasn't, the point being that the cowboys were NOT inviting the Earps down for a fight. Indeed, they were leaving it open for Smith - or whoever- to come on down, so he must not have thought it would turn into a battleground.
Finally, I think one thing clealy emerges from King's testimony; that is Frank (?) had only been down in the lot, I guess with Behan, only minutes before the shooting. In other words, the Earps were hot on Behan's heels.
Good stuff, Bruce.
Pete