Monday, July 30, 2007

what became of those horses?

A big part of my research for my new series is reading over trial transcripts. I just got the preliminary testimony transcript of Ike Clanton, the only surviving "Cowboy." It really surprised me, for some reason. I've read countless trial transcripts and decisions, even in law school, that were absolutely horrible. Especially in criminal law, of course, they chose the decisions that are the most outrageous to impact law students. For some reason I always read them as stories, and perhaps that's why I'm more suited for creative writing than for law. But this transcript really got to me. I'm including just a portion, so you can see what I mean.

Testimony of Joseph I. "Ike" Clanton
in the Preliminary Hearing in the Earp-Holliday Case,
Heard before Judge Wells Spicer

November 9-15, 1881

Q) Did you or not, at any time during the shooting, see a horse or horses on the ground where the shooting occurred? If so, state who, if anybody had them.

(A) Yes sir, there were two horses there. Frank McLaury was holding a horse; Billy Clanton had a horse also, and standing right by him.

(Q) What became of those horses, while you remained there, as far as you could see?

(A) I never noticed the horses after the shooting commenced.

(Q) Were there or not, any arms on those horses, and if so, what kind were they?

(A) Yes sir, there were arms on them. They were Winchester carbines. There was one on each horse, in the gun scabbards.

(Q) State whether or not those arms were drawn from their scabbards while you stayed there.

(A) No sir, they were not, while I stayed there.

(Q) State if there was any previous difficulty between you and the defendants or either of them; and if yes, when and where?

(A) Yes sir, there was a difficulty between Holliday and Morgan Earp and I, the night before at a lunch stand in this town near the Eagle Brewery Saloon, on the north side of Allen Street. As well as I remember, it was about 1 o'clock in the morning. I went in there to get a lunch. While sitting down at the table, Doc Holliday came in and commenced cursing me and said I was, "A son-of-a-bitch of a cowboy," and told me to get my gun out and get to work. I told him I had no gun. He said I was a damned liar and had threatened the Earps. I told him I had not, to bring whoever said so to me and I would convince him that I had not. He told me again to pull out my gun and if there was any grit in me, to go to fighting. All the time he was talking, he had his hand in his bosom and I supposed on his pistol. I looked behind me and saw Morgan Earp with his feet over the lunch counter. He has his hand in his bosom also, looking at me. I then got up and went out on the sidewalk. Doc Holliday said, as I walked out, "You son-of-a-bitch, if you ain't heeled, go and heel yourself." Just as I stepped out, Morgan Earp stepped up and said, "Yes, you son-of-a-bitch, you can have all the fight you want now!" I thanked him and told him I did not want any of it now, I was not heeled. Virgil Earp stood off about 10 or 15 feet from us on the sidewalk. Just about this time, or perhaps a minute later, Wyatt Earp came up where I was. Wyatt did not say anything. Morgan Earp told me if I was not heeled, when I came back on the street to be heeled. I walked off and asked them not to shoot me in the back.

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