Bob Cash
Re: Question...?
Wed Aug 28, 2019 06:54

Tom, the reason I asked this question was because when I went back to review Behan's Spicer testimony I was surprised (actually kind of stunned) that nowhere does he mention that he had told Virgil that he was going to attempt to disarm the cowboys himself. This seemed incomprehensible to me and I couldn't figure out why he would hide the fact that he had told Virgil, when he goes at great length about his sorry excuse (IMHO) of an effort to disarm and arrest them. The reason it was incomprehensible was because he did, in fact, testify that he told Virgil, but that sentence fragment does not appear in the Turner transcript. The NUGGET report of Behan's time on the stand adds these words, missing from Turner, after he says he told Virgil it was his (Virgil's) duty to arrest and disarm the cowboys rather than encourage a fight: "...I said to him it is your duty as a peace officer to disarm them rather than encourage a fight; don't remember what reply he gave me, but I said I was going down
to disarm the boys."

This is the second instance I have found in Turner that distorts what Behan said about a major issue due to omission of words and sentences that, thankfully, are reported in the NUGGET or EPITAPH. More on the second one later.

  • Re: Question...?Bob Cash, Mon Aug 26 08:48
    Tom, exactly what did Behan testify to in the Spicer hearing about telling Virgil he would attempt to disarm or arrest the cowboys?
    • Re: Question...? — Bob Cash, Wed Aug 28 06:54
    • Seer of Austin Turner book page 24 Behan at the Coroner's Hearing with a little of what he said about Virgil: "He said there was a lot of (I think sons of bitches) who wanted to make a fight. I said... more
      • P. S. Behan to Virgil in Spicer HearingTom Gaumer, Tue Aug 27 07:49
        Turenr page 137 Behan testifying. "I said to him (Virgil), "You had best disarm the crowd." He said he would not, that he would give them a chance to make a fight. " It is your (Virgil's) duty as a... more
        • TOM ? Pat Mulligan, Thu Sep 5 04:59
          Tom Why did Behan believe they would not hurt him? The statement makes me think he had prior knowledge of the Cowboy's intent to attack the Earp's and Holliday .
          • I don't think we can lnow that answer for sureTom Gaumer, Tue Sep 10 01:25
            Pat but we can speculate. LOL I would speculate there was a more hostile relationship between the Earp's and the cowboys than between Behan and the cowboys. This would allow Behan to approach them... more
            • TomPat Mulligan, Tue Sep 10 04:48
              All we have ever is a speculation. The collection of evidence and the attention to the crime scene was ignored. That being said what we do know is that Behan could/should have disarmed Frank at first ... more
              • Pat Maybe he would have had he known Virgil was in such a hurry. Virgil's excuse to go over to Fly's for a confrontation was that Fonck had told Virgil the armed cowboys were on the street a second... more
                • Tom REPat Mulligan, Sat Sep 14 04:58
                  tom If your pretext that Virgil had already had made up his mind for a confrontation why did he let Behan go in the first place? The Marshall and posse would have gone down to Fremont and back Lot... more
                • Tom RE Pat Mulligan, Tue Sep 10 14:34
                  Tom Their were more people than just Fonck. If word was passed to Virgil that Behan had taken an armed Frank back to the Street in front of the lot it would justify Virgil 's actions. Since all... more
                  • See Steve Gatto's post on this matterThomas Gaumer, Thu Sep 12 17:35
                    Pat We have been talking about Virgil cutting off Behan's efforts, thus virtually guaranteeing a gunfight as Behan had warned Virgil about Earlier. Steve makes it clear Virgil reacted to what Fonck... more
                    • TomPat Mulligan, Mon Sep 16 14:16
                      If Virgil wanted a fight he could have just gone down with the rest of the Boy's.. He did not. Instead he waited (while Behan finished his shave) then waited for Behan to try. I think this more... more
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