The gunfight at the O.K. Corral in Tombstone, Arizona Territory, on October 26, 1881, is perhaps the most famous 30 seconds in American history. Often regarded as an archetype for Old West “justice,” the gunfight at the O.K. Corral has been reproduced numerous times in Western films. But the shootout is only one part of a much larger story about Tombstone’s criminal justice system and the vigilantism that ultimately prevailed where organized law could not. Join us as we use HeinOnline to explore the gunfight at the O.K. Corral and its aftermath.

Before the Gunfight at the O.K. Corral

The famous gunfight was the bloody result of years of acrimony between brothers Virgil, Morgan, and Wyatt Earp, their friend Doc Holliday, and a loosely organized criminal group called the Cowboys. The origins of the feud were personal, political, and so complex that they could be their own blog post.

To briefly and simply summarize, the three Earp brothers were close and moved around the American West from boom town to boom town, working jobs as wildly disparate as sheriffs, shotgun messengers, stagecoach drivers, and pimps. The Cowboys were an outlaw group that operated out of Pima and Cochise Counties, Arizona, and were distinctly separate from our modern conception of a “cowboy.” The Cowboys were cattle rustlers, horse thieves, and stagecoach robbers. Some operated ranches which were used to process livestock stolen from Mexico. Racism diminished the severity of this crime in the eyes of many rural Arizonians.^[1]Steven Lubet, The Forgotten Trial of Wyatt Earp, 72 U. COLO. L. REV. 1 (2001). This article is found in HeinOnline’s Law Journal Library.

Virgil and Wyatt Earp arrived in Tombstone, a booming silver mining town, at the end of 1879, about six months after Tombstone had been officially founded. Although both brothers had worked as peace officers prior to their arrival, in Tombstone they hoped, as so many did, to strike it rich.^[2]Steven Lubet, The Forgotten Trial of Wyatt Earp, 72 U. COLO. L. REV. 1 (2001). This article is found in HeinOnline’s Law Journal Library. Wyatt’s friend John “Doc” Holliday, a dentist turned gunman and professional gambler, made the trip with the Earps. Virgil and Wyatt’s younger brother Morgan arrived in 1880, by which point Tombstone had transformed from a tent city into a sprawling metropolis that boasted an opera house, French restaurants, and oyster bars.^[3]Steven Lubet, The Forgotten Trial of Wyatt Earp, 72 U. COLO. L. REV. 1 (2001). This article is found in HeinOnline’s Law Journal Library. Tombstone’s meteoric growth strained relations between rural ranchers and Cowboys (i.e., Democrats, often Southerners or former Confederates) and town-dwelling outsiders from the east (i.e., Republicans, often Northerners or Unionists) who had flocked to Tombstone to capitalize on the silver strikes.

Virgil eventually became the Deputy U.S. Marshal^[4]Colleen Coughlin, Law at the O.K. Corral: Reading Wyatt Earp Films, 22 LEGAL STUD. F. 133 (1998). This article is found in HeinOnline’s Law Journal Library. for Pima County and the Tombstone town marshal (a position akin to our modern chief of police^[5]Colleen Coughlin, Law at the O.K. Corral: Reading Wyatt Earp Films, 22 LEGAL STUD. F. 133 (1998). This article is found in HeinOnline’s Law Journal Library.). On February 1, 1881, Cochise County was created out of eastern Pima County, with Tombstone as the county seat. Wyatt, a Republican, lost the Cochise County sheriff job to John Behan, a Democrat and Cowboy sympathizer. Around this time, Wyatt became romantically involved with Josephine Marcus,^[6]Colleen Coughlin, Law at the O.K. Corral: Reading Wyatt Earp Films, 22 LEGAL STUD. F. 133 (1998). This article is found in HeinOnline’s Law Journal Library. Behan’s common law wife.

Throughout 1881, the Cowboys and Earps traded accusations of horse theft, stagecoach robbery, murder, and even election interference.^[7]Gerald A. Williams, Justice of the Peace Wells W. Spicer: Wyatt Earp, Doc Holliday the Tombstone Judge, 49 ARIZ. ATT’y 12 (October 2012). This article is found in HeinOnline’s Bar Journal Library. The two sides published their accusations against each other in local newspapers that were sympathetic to their political leanings. Sensing trouble, Virgil deputized Morgan and Wyatt. In August, Cowboy Ike Clanton’s father was killed by Mexican soldiers^[8]Steven Lubet, The Forgotten Trial of Wyatt Earp, 72 U. COLO. L. REV. 1 (2001). This article is found in HeinOnline’s Law Journal Library. who had crossed the border in search of cattle rustlers; the Earps, as federal marshals, were blamed for not doing more to secure the border. Excessive alcohol consumption also worsened the feud between the Cowboys and the Earps.

The Gunfight at the O.K. Corral

The participants in the gunfight at the O.K. Corral were:

On the night of October 25, 1881, Doc Holliday and Ike Clanton got into a drunken argument at the Alhambra saloon.^[9]Steven Lubet, The Forgotten Trial of Wyatt Earp, 72 U. COLO. L. REV. 1 (2001). This article is found in HeinOnline’s Law Journal Library. Tempers cooled long enough for Ike, Doc, Sheriff Behan, and all three Earps to play poker into the wee hours of the morning. When the game ended, Ike restarted his threats towards Doc. As the day went on, Ike continued drinking and threatening Doc and the Earps. Ike was also armed during these threats, a violation of a town ordinance against carrying weapons in town. On the afternoon of October 26, Virgil confronted a still armed and raving Ike, pistol whipped him,^[10]Kindaka Sanders, The Watchman’s Time to Kill: The Right to Vigilante Justice in the Jim Crow South, 25 J. GENDER RACE & JUST. 355 (Spring 2022). This article is found in HeinOnline’s Law Journal Library. and took him before Justice of the Peace A.O. Wallace for violating the town ordinance. Ike was fined and released on the spot.^[11]Steven Lubet, The Forgotten Trial of Wyatt Earp, 72 U. COLO. L. REV. 1 (2001). This article is found in HeinOnline’s Law Journal Library.

While Ike was being fined, Tom McLaury waited for his fellow Cowboy outside the courthouse. Wyatt, as a deputy U.S. Marshal, confronted Tom,^[12]Kindaka Sanders, The Watchman’s Time to Kill: The Right to Vigilante Justice in the Jim Crow South, 25 J. GENDER RACE & JUST. 355 (Spring 2022). This article is found in HeinOnline’s Law Journal Library. suspecting he too was armed, and pistol whipped him.

By now, Ike and Tom’s brothers had arrived in town and were incensed when they learned of their brothers’ treatment over a misdemeanor offense. Townspeople reported to Virgil that the Clantons and McLaurys were gathered in a vacant lot on Fremont Street,^[13]Gerald A. Williams, Justice of the Peace Wells W. Spicer: Wyatt Earp, Doc Holliday the Tombstone Judge, 49 ARIZ. ATT’y 12 (October 2012). This article is found in HeinOnline’s Bar Journal Library. about half a block away from the O.K. Corral, armed and threatening to kill the Earps.

Around 3pm, Doc, Virgil, Wyatt, and Morgan went to the lot to disarm the five Cowboys. Sheriff Behan attempted to intercept them,^[14]Kindaka Sanders, The Watchman’s Time to Kill: The Right to Vigilante Justice in the Jim Crow South, 25 J. GENDER RACE & JUST. 355 (Spring 2022). This article is found in HeinOnline’s Law Journal Library. saying that he had already disarmed the Cowboys. Behan was ignored. Approaching the lot, Doc raised his shotgun as Frank McLaury reached for his revolver. Virgil yelled, “Hold on! I don’t want that!”^[15]Chad Baruch, And Hell Came with Him: How a Notorious Old West Outlaw Escaped Texas Justice, 12 TSCHS J. 31 (Spring 2023). This article is found in HeinOnline’s Law Journal Library. His plea for peace, however, was in vain.

Who fired the first shot is lost to history, but when the gun smoke cleared, Billy Clanton and both McLaury brothers were dead. Ike Clanton and Billy Claiborne fled before the shooting started. Virgil, Morgan, and Doc were all wounded to varying degrees of severity. Wyatt escaped unharmed.

Wyatt and Doc Arrested

Immediately after the gun fight, Sheriff Behan attempted to arrest the Earps and Holliday. “I won’t be arrested,” Wyatt told Sheriff Behan. “But I am here to answer what I have done. I am not going to leave town.”^[16]Steven Lubet, The Forgotten Trial of Wyatt Earp, 72 U. COLO. L. REV. 1 (2001). This article is found in HeinOnline’s Law Journal Library. On October 28, the Republican-leaning and Earp-friendly Tombstone Epitaph wrote, “The feeling of the better class citizens is that the marshal and his posse acted solely in the right in attempting to disarm the cowboys, and that it was a case of kill or be killed.”^[17]54 A.B.A. J. 986 (October 1968). This article is found in HeinOnline’s Law Journal Library.

The bodies of Tom and Frank McLaury and Billy Clanton were publicly displayed outside the local undertaker. Above them hung a sign that read “Murdered in the streets of Tombstone.”^[18]Steven Lubet, Murder in the Streets of Tombstone: A Legendary Theory of the Case, 27 LITIG. 35 (Fall 2000). This article is found in HeinOnline’s Law Journal Library. Thousands of people attended the three men’s joint funeral.

On October 30, Ike Clanton filed murder charges against the Earps and Doc Holliday, after a coroner’s inquest^[19]Steven Lubet, The Forgotten Trial of Wyatt Earp, 72 U. COLO. L. REV. 1 (2001). This article is found in HeinOnline’s Law Journal Library. heard testimony that the Earps had shot first. Wyatt and Doc were arrested and brought before Justice of the Peace Wells Spicer. They were released on $10,000 bail; Virgil and Morgan were not served charges^[20]Gerald A. Williams, Justice of the Peace Wells W. Spicer: Wyatt Earp, Doc Holliday the Tombstone Judge, 49 ARIZ. ATT’y 12 (October 2012). This article is found in HeinOnline’s Bar Journal Library. since they were severely wounded in the gunfight and recovering at home.

Under territory law, Judge Spicer convened a preliminary hearing to determine whether a murder trial would take place.^[21]Steven Lubet, Murder in the Streets of Tombstone: A Legendary Theory of the Case, 27 LITIG. 35 (Fall 2000). This article is found in HeinOnline’s Law Journal Library. More than 30 witnesses testified before Judge Spicer over the next month, an unusually exhaustive evidentiary process for the time. William McLaury,^[22]Gerald A. Williams, Justice of the Peace Wells W. Spicer: Wyatt Earp, Doc Holliday the Tombstone Judge, 49 ARIZ. ATT’y 12 (October 2012). This article is found in HeinOnline’s Bar Journal Library. Tom and Frank’s brother, arrived in Tombstone from Fort Worth, Texas, for the hearing; as a lawyer, he joined the prosecution.

Witnesses testified for the prosecution that as the Earps and Holliday walked to the O.K. Corral, Morgan Earp told Doc to “let them have it.”^[23]Steven Lubet, Murder in the Streets of Tombstone: A Legendary Theory of the Case, 27 LITIG. 35 (Fall 2000). This article is found in HeinOnline’s Law Journal Library. Others testified that before the shooting started, Tom McLaury announced to the Earps that he was unarmed. Sheriff Behan testified that Doc Holliday was holding a nickel-plated pistol,^[24]Steven Lubet, Wyatt Earp on Trial: How Cross-Examination Really Won the West, 31 LITIG. 51 (Winter 2005). This article is found in HeinOnline’s Law Journal Library. which fired first. He also testified that, when Virgil ordered the Cowboys to “throw up your hands,”^[25]Steven Lubet, Murder in the Streets of Tombstone: A Legendary Theory of the Case, 27 LITIG. 35 (Fall 2000). This article is found in HeinOnline’s Law Journal Library.

I heard Billy Clanton say, “Don’t shoot me, I don’t want to fight.” Tom McLaury at the same time threw open his coat and said, “I have nothing” or “I am not armed,” or something like that.

As the prosecution’s case unfolded, public sentiment turned against the Earps. The Arizona Star called the killings of the McLaurys and Billy Clanton “dastardly”^[26]Gerald A. Williams, Justice of the Peace Wells W. Spicer: Wyatt Earp, Doc Holliday the Tombstone Judge, 49 ARIZ. ATT’y 12 (October 2012). This article is found in HeinOnline’s Bar Journal Library. and wrote, “What justifiable excuse can be raised to explain the killing is hard to surmise.”^[27]Gerald A. Williams, Justice of the Peace Wells W. Spicer: Wyatt Earp, Doc Holliday the Tombstone Judge, 49 ARIZ. ATT’y 12 (October 2012). This article is found in HeinOnline’s Bar Journal Library. Judge Spicer revoked Wyatt and Doc’s bail and they were remanded to Sheriff Behan’s jail.

Sheriff Behan’s testimony that Doc Holliday fired first with a pistol was in direct contradiction to testimony that at the commencement of the gunfight Doc was carrying a shotgun^[28]Steven Lubet, Wyatt Earp on Trial: How Cross-Examination Really Won the West, 31 LITIG. 51 (Winter 2005). This article is found in HeinOnline’s Law Journal Library. and the coroner’s finding that Frank McLaury had been killed by a shotgun. The nickel-plated pistol/shotgun point formed an important point in the defense’s case to undermine Sheriff Behan’s credibility, especially considering his rivalry with Wyatt.

In a prepared statement, Wyatt Earp testified:^[29]Steven Lubet, The Forgotten Trial of Wyatt Earp, 72 U. COLO. L. REV. 1 (2001). This article is found in HeinOnline’s Law Journal Library.

Multiple Tombstone citizens^[30]Steven Lubet, The Forgotten Trial of Wyatt Earp, 72 U. COLO. L. REV. 1 (2001). This article is found in HeinOnline’s Law Journal Library. testified that the Clantons and McLaurys were armed in town that day and were making threats against the Earps. Dressmaker Addie Bourland,^[31]Gerald A. Williams, Justice of the Peace Wells W. Spicer: Wyatt Earp, Doc Holliday the Tombstone Judge, 49 ARIZ. ATT’y 12 (October 2012). This article is found in HeinOnline’s Bar Journal Library. who lived across the street from the gunfight scene, testified she never saw any Cowboys raise their hands in surrender and that both sides fired at the same time.

Judge Spicer delivered his opinion on November 30, 1881. Although Judge Spicer was troubled by Virgil Earp’s decision to ask for Wyatt and Doc’s assistance in disarming the Clantons and McLaurys, in light of the bad blood between the men (calling it an “injudicious and censurable act”^[32]Steven Lubet, The Forgotten Trial of Wyatt Earp, 72 U. COLO. L. REV. 1 (2001). This article is found in HeinOnline’s Law Journal Library.), he ultimately concluded that “the defendants were fully justified in committing these homicides—that it is a necessary act, done in the discharge of official duty.”^[33]Gerald A. Williams, Justice of the Peace Wells W. Spicer: Wyatt Earp, Doc Holliday the Tombstone Judge, 49 ARIZ. ATT’y 12 (October 2012). This article is found in HeinOnline’s Bar Journal Library. The charges against the three Earp brothers and Doc Holliday were dismissed. Judge Spicer’s term as justice of the peace ended the following year. He did not seek reelection.^[34]Gerald A. Williams, Justice of the Peace Wells W. Spicer: Wyatt Earp, Doc Holliday the Tombstone Judge, 49 ARIZ. ATT’y 12 (October 2012). This article is found in HeinOnline’s Bar Journal Library.

Wyatt Earp’s Vendetta

Just a little over a month after Judge Spicer delivered his opinion, Virgil Earp was ambushed^[35]Chad Baruch, And Hell Came with Him: How a Notorious Old West Outlaw Escaped Texas Justice, 12 TSCHS J. 31 (Spring 2023). This article is found in HeinOnline’s Law Journal Library. by three men while walking home from the Oriental Saloon and shot multiple times. He miraculously survived, but lost the use of his left arm for the rest of his life.

Three months after the attack on Virgil, on March 18, 1882, Morgan Earp was shot in the back and killed while playing pool with Wyatt. A coroner’s inquest named four Cowboys as suspects, including Frank Stilwell and Pete Spence. Wyatt assembled a posse, including Doc Holliday, to hunt down the men he believed responsible for his brother’s death. He murdered Frank Stilwell on March 20 at a Tucson train depot while a train carrying a wounded Virgil Earp to California left the station.

Warrants for the arrest of Wyatt, Doc, and the rest of the posse were issued by a Tucson court. Sheriff Behan and his own posse set out to arrest Wyatt and his men. Over the next month, Wyatt and his posse killed three additional Cowboys: Florentino Cruz, Curly Bill Brocius,^[36]Chad Baruch, And Hell Came with Him: How a Notorious Old West Outlaw Escaped Texas Justice, 12 TSCHS J. 31 (Spring 2023). This article is found in HeinOnline’s Law Journal Library. and Johnny Barnes. Sometime in early April, Wyatt and his posse left Arizona. Doc was eventually arrested in Colorado for killing Frank Stillwell but was never extradited to Arizona.

Wyatt, Doc, nor any member of their posse ever stood trial for any of the vendetta killings.

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