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Gunfight at the O.K. Corral: Did Tom McLaury Have a Gun

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A second ‘forgotten’ witness was Mrs. J.C. Colyer of Kansas City, who was visiting with her sister in Tombstone that day. When the shooting erupted, Mrs. Colyer was sitting in a buggy in front of the post office on the southeast corner of Fremont and Fourth streets, less than a block away from the vacant lot. She returned to Kansas City, and her belated account of the gunfight was published in the December 30, 1881, issue of the Tombstone Epitaph: ‘The cowboys opened fire on them. And you never saw such shooting. One of the cowboys, after he had been shot three times, raised himself on his elbow and shot one of the officers and fell back dead….[A]nother used his horse as a barricade and shot under his neck.’ And since other testimony confirms that neither Billy Clanton nor Frank McLaury ever got behind a horse to use it as a barricade, then it could only have been Tom McLaury that Mrs. Colyer saw shooting under the horse’s neck.

The biggest key to the question of whether Tom McLaury had a gun is the testimony of another impartial witness, laundryman Peter H. Fellehy. According to the wording of the Hayhurst transcript of the coroner’s inquest, Fellehy testified:

After the shooting commenced…,[t]he younger one of the Earps was firing at a man behind the horse. Holliday was also firing at the same man behind the horse, and firing at a man who had run by him to the opposite side of the street. Then I see the man who had the horse let go the reins of the bridle and kept staggering all the time, until he fell on his back near a horse [emphasis added]. He still held his pistol in his hand, but [I] did not see it go off after he had fell.

I then went to the young man who was lying on the sidewalk and offered to pick him up….I picked up a revolver that was lying five feet from him and laid it at his side. This was the man that lay on the north side of Fremont Street.

Fellehy’s words make it clear that the ‘man behind the horse’ that Doc and Morgan were shooting at was a different man than the one that Doc shot at who ran ‘to the opposite side of the street’ and collapsed on the sidewalk on the north side of Fremont Street. Based on other testimony in the Spicer hearing, we know that this second man, who led his horse out of the vacant lot but was never behind the horse, and who then fell on the north side of Fremont Street, was Frank McLaury. So Fellehy’s ‘man behind the horse’ has to be either Billy Clanton or Tom McLaury. And we also know from other testimony that Billy Clanton never got near his horse. Therefore, Fellehy’s ‘man behind the horse’ who ‘fell on his back near a horse ‘ and’still held his pistol in his hand’ could only have been Tom McLaury.

But this basic Fellehy evidence doesn’t stop there. I emphasized the word ‘horse’ in Fellehy’s testimony, because the wording in the versions of his testimony that appeared in the Nugget and the Epitaph contains two startling exceptions to the wording in the Hayhurst transcript: The Nugget states that the ‘man with the horse…was staggering all the time until he fell; he had his pistol still when he fell.’ And the Epitaph version quotes Fellehy as saying, ‘Then I saw the man who held the horse let go the bridle and keep staggering until he fell, his back within a few feet of a house [emphasis added]; had a pistol in his hand, but I did not see it go off.’

And so, we see that the Hayhurst transcript version of Fellehy’s testimony states that the ‘man behind the horse’ with a pistol fell on his back near a ‘horse,’ while the Epitaph version states that he fell with his back within a few feet of a ‘house.’ That difference in one letter in one word of Fellehy’s testimony brings us to another ‘forgotten’ witness in the coroner’s inquest, ‘mining man’ Charles Hamilton ‘Ham’ Light, who was in his room at the Aztec House on the corner of Third and Fremont streets when he heard two shots and ‘jumped’ to his side window on Third Street looking up Fremont Street. According to the October 29 Nugget, Light testified, ‘I saw a man reel and fall on the corner of Fremont and Third streets on the south side, right directly on the corner of the house [emphasis added]….I saw another man standing, leaning, against a building joining the vacant lot….The man never stirred after he fell at the corner of the street….I did not see that man fire any shot.’

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  1. 7 Comments to “Gunfight at the O.K. Corral: Did Tom McLaury Have a Gun”

  2. i’m having trouble finding the serial number for wyatt earp’s gun. my grandfather has a very old colt 45 buntline sp. and he was curious of the serial number on earp’s gun

    By Travis Bragg on Aug 4, 2008 at 3:01 pm

  3. The character of Wyatt is established, at least in my mind, when he lets Ike Clanton run away. The one whom for almost two years had been the chief instigator of the conflict between the two factions. Instead Wyatt let him go. It is unreasonable, then, to think that he would shoot an unarmed man who, by comparison, played only a bit part in the feud. Were the cowboys armed? Yes. Was this against the law? Yes. Did Virgil have a legal right to form a posse to disarm the cowboys? Yes.

    By Mike Higgins on Sep 2, 2008 at 10:24 am

  4. There are indications that Wyatt tried to gut shoot Ike during the scuffle. Some say that Wyatt later admitted to that. Ike says Wyatt fired during the scuffle.

    By dave stephens on Oct 9, 2008 at 4:46 pm

  5. According to Mr. Webster reckoning is the ‘settling of a bill or
    account’. Could we be coming into the biblical time of ‘the
    reckoning’ that is ‘the end of days’ in which the second coming of
    Jesus Christ as the warrior Lion of Judah coming back to settle
    accounts on a bill owed by defeating and extinguishing the
    spiritual and human forces of evil that bow to the person and
    influence of ‘the prince of the world’ Satan. Being an avowed
    American history buff, and having grown up in a region of the
    Wild West, one of my favorite movies which I have seen many
    times is the 1993 version of the most famous Old West gun fight
    in history, the infamous Gunfight at OK Corral – ‘Tombstone’,
    with an all star cast: Kurt Russell, Val Kilmer, Sam Elliot, Bill
    Paxton, Powers Boothe, Michael Biehn, Charlton Heston, Jason
    Priestly, Thomas Haden Church and Dana Delany.

    The tagline in that movie leading up to the infamous shootout
    came from Kilmer’s John Henry ‘Doc’ Holiday, born into a
    Georgia aristocratic planter family turned dentist, gambler
    and ‘shootist’ AKA gunfighter. To me it was the most memorable
    line in the movie describing a settling of accounts by way of
    justice being served. Kilmer’s Doc Holiday, having been handed a
    shotgun by Elliot’s cool-headed lawman Virgil of the legendary
    Earp brothers, to keep out of sight of the townspeople by putting it
    under his long-coat, looks at the brothers and says, “It’s the
    reckoning”, implying the Apocalyptic rider on the pale horse –
    Death.

    Having been born and raised in a region in which the Chisholm
    Trail on which cowboys herded cattle from Texas into Kansas
    border towns bound for the East Coast crossed through, I have
    been captivated by that wild and wooly living history. My own
    hometown in North central Oklahoma evolved around cowboys,
    Indians, and oil barons. One of the last shootouts between lawmen
    and outlaws took place about 10 miles from my hometown in the
    late 1800’s.

    Two of those reputedly vice-ridden cattle towns, Wichita and
    Dodge City, infamous in their own right were marshaled during
    that era by renowned lawmen-gamblers-gunfighters Wyatt Earp,
    Bat Masterson and James Butler ‘Wild Bill’ Hickok, who I
    discovered while going through a genealogy on my mother’s
    family side was in my family tree by way of my great-great-
    great grandmother Hickox-Brown.

    Many books and movies have been written and made
    surrounding events that led up the well-known gunfight between
    lawmen and outlaw cowboys. The movie ‘Tombstone’ is as
    historically correct as we can expect from Hollywood, base on the
    book ‘Hellderado’. I got a chance to visit the old mining town of
    Tombstone five years ago while visiting my sister and brother-in-
    law. It can rightly be said that were the primary players of the
    shootout allowed to come back to the place of the event they
    would feel at home in this now tourist attraction. With the
    exception of some modern conveniences surrounding the town,
    nothing much has changed.

    Being interested in historical reality from a firsthand account, I
    scoured the shops for such a book and found it – ‘And Die In The
    West: History of The OK Corral Gunfight. What I gathered from
    eye-witness accounts, both in trial manuscripts and newspaper
    accounts that instead of being ‘the reckoning’ between forces of
    good represented by the lawmen and forces of evil represented by
    the outlaw-cowboys it was ‘the reckoning’ between two political
    factions over lucrative commerce that turned deadly.

    The two sides were northern born Republican lawmen in the
    persons of the Earp brothers – Wyatt, Virgil and Morgan, aided
    by a tuberculosis ravaged Georgia Democrat ‘Doc’ Holliday; and
    Texas born cowboy-bandits Democrats in the persons of the
    brothers McLaury’s – Frank and Tom and Clanton’s – Ike and
    Billy, aided by Billy Claiborne and Wes Fuller. The political prize
    was the Johnny Behan position of sheriff of Tombstone and his
    deputies who stood to make a fortune in miners pay at various
    enterprises.

    The fight took place at 3:00 PM, Wednesday, October 26, 1881,
    not inside the OK Corral as the legendary name implies but in a
    15 foot wide vacant lot, known as lot 2, in block 17, directly
    behind the corral. The combatants faced off in this small lot
    approximately 5 feet apart. Thirty shots in thirty seconds with
    lots of suffocating smoke later, the McLaurie brothers and Billy
    Clanton lie dead in the lot and on Freemont St.

    No gunfight has so captivated the attention and minds of the
    American people, although more people have been killed in other
    gunfights, such as the Newton Kansas Massacre than the
    Tombstone event. Legends sprang up immediately surrounding
    the cast of characters of the place and time. But, since politics
    was the motivation turned very ugly very quickly we should
    remind ourselves that nothing much has changed in that arena,
    especially in light of another prize being fought over by
    politicians of opposing sides today.

    By howard reed on Oct 23, 2008 at 1:02 pm

  6. My name’s Kieran McLaury Taylor, and the way my grandfather told it to me was thus: Wyatt Earp was looking to make a name for himself, gambling and
    running whorehouses for a living just wasn’t enough I guess. Shooting an unarmed man in front of witnesses simply would not do, so Ike was saved.
    Wyatt went to his death swearing Tom McLaury had a gun at the shootout. He didn’t, but to admit so would have been an admission of murder, and that
    was too low, even for the likes of Wyatt Earp. Character indeed.

    By Kieran Taylor on Oct 25, 2008 at 12:34 am

  7. Few lawmen in the Old West were without a dark side. It seemed
    most them walked on both sides of the law. Of the three Earp
    brothers that represented the law that day Virgil was probably
    the least soiled.

    Movies depict one side of a story that unless you were there the
    truth of the matter lies smouldering in the graves of participants
    and witnesses. As I said above, politics, greed and I might add the
    Civil War that was 16 to 21 years removed was the motivation
    for the bad blood between the two factions, represented by two
    regions of the country and two political ideologies.

    Was Tom McLaury ‘heeled’, the term used in the day for carrying
    a gun? The debate will rage on into infinity without satisfying
    answers. I am sure that Ms. McLaury-Taylor’s family does not
    hold Wyatt Earp in a good light since he personally shot and
    killed their relative. They have their side of the story passed
    down from family members as I am sure the Earp family has
    their side of the story. Two sides, that was the devils brew in
    Tombstone held tight within by abject bias was the legal tender of
    the day also.

    Wyatt Earp had a reputation as a man not to be trifled with from
    his earlier occupation as lawman-gambler-outlaw. It is said he
    and Morgan ran a house of ‘ill repute’ in Peoria, which I take to be
    in their homestate of Illinois, but could have been in Kansas
    where Wyatt had been a police officer in Wichita. Their wives
    were reputed to be ’soiled doves’ that worked there.

    One of the Wild West notables in my homestate was Frank ‘Pistol
    Pete’ Eaton, whose image as a mascot is emblazened on three
    western universities colors. Mr. Eaton was a cowboy-lawman-
    shootist claimed by experts to be the fastest man with a gun that
    ever lived. He also served as a deputy sheriff under the
    infamous ‘Hanging Judge’ Rou Parker of Fort Smith, Arkansas.

    In a recording now on tape and CD about two years before he died
    in Perkins, Oklahoma Mr. Eaton said that he met Wyatt Earp in
    Wichita and Wild Bill Hickock in Dodge City in their law
    enforcement capacities. He was in his late teens at the time, but
    with a reputation already that no man would dare challenge. He
    thought highly of both men that he described as gentlemen, but
    with gray clouds hanging over them.

    It was Mr. Eaton’s opinion that all the cowboys behind the OK
    Corral were ‘heeled’ that day, including Tom McLaury and that it
    was a righteous shoot. He also stated that Wyatt Earp and Bill
    Hickock would rather ‘buffalo’, or take down with a sharp rap to
    the head with a pistol barrel than shoot them, as he had
    witnessed them do on several occasions.

    The bottom line is that there was bad blood between not only the
    players but other factions in Tombstone of the day. The
    Tombston Epitaph (Republican) and Nugget (Democrat) helped
    keep the factions riled up with fiery epitomes accusing the other
    of every kind of dirty deed done dirt cheap. Both papers had their
    own desctiption of the event based on their ideological belief.
    Neither side was clean in this affair, having lots of skeletons in
    their personal and collective closets. It was the way of the West in
    those days.

    By howard reed on Oct 25, 2008 at 2:19 pm

  8. As an aside. As depicted in the movie ‘Tombstone’ and in eye
    wintess accounts, that Wyatt Earp didn’t shoot Ike Clanton who in
    the heat of the gathering storm ran up to Wyatt unarmed and
    was allowed by Wyatt to leave the scene, Wyatt having seen he
    wasn’t armed attests to his character and reputation thatpretty
    much leaves the loaded question of Tom McLaury not being
    armed during the shootout as moot.

    It has been rightly said in scripture that “Those who live by the
    sword will die by the sword.” All the cast of characters on that
    infamous day, other than Wyatt who died peacefully of old age
    and Doc Holiday who died from the disease that took him out of
    Georgia into the history of the Wild West in Colorado, the rest died
    by the sword turned gun.

    By howard reed on Oct 25, 2008 at 2:51 pm

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