The decision did not sit well with Clanton, who had been so optimistic just a day earlier. Parsons expressed the fears of the community in his little diary when he wrote: "A bad time is expected again in town at any time-Earps on one side of the street with their friends, and Ike Clanton and Ringo with theirs on the other side, watching each other. Blood will surely come. Hope no innocents will be killed."
Two days after being released by Judge Lucas, U.S. Deputy Marshal Wyatt Earp was in the saddle again, leading a posse toward the Mexican border in search of outlaws. Along with brother Morgan, Holliday, McMasters, and two or three others, Wyatt began another mysterious chase. The Nugget account said it was believed that he was searching for Pony Deal, who had been named by Bartholomew as a robber of the Bisbee stage, along with Al Tiebot [or Thibolet] and Charles Haws. But Deal and associates were supposedly jailed in Texas awaiting extradition. Wyatt Earp's second posse proved as unsuccessful as the first, and the Earps returned to town with no robbers and just a bill for costs.
Arizona's plight drew increased national attention. Acting Governor Gosper had gone to Congress in December to make a call for action. He detailed the depredations of the cowboys and said he feared that they would lead to serious problems with Mexico. Gosper called for federal intervention in Arizona's problems. Interior Secretary Samuel J. Kirkwood said that certain sheriffs were intimidated by or desired to curry favor with the outlaws, and he called for a law to allow territorial governors to suspend sheriffs.74
President Chester A. Arthur responded by asking Congress in December for an amendment to the Posse Comitatus Act so the army could intervene in the border raids, but Congress did not respond. The situation continued to worsen. On February 2, Arthur forwarded letters from Gosper and the secretary of state on lawlessness in Arizona to Congress in hopes of reviving the Posse Comitatus Act. Gosper had been actively campaigning for the governor's job Fremont had vacated a month earlier, but the appointment did not come. On February 6, Arthur appointed Frederick A. Tritle, a mining man and territorial booster, to the job of governor.
Gosper's letter to Congress became public on February 9, and an excerpt from it ran on the Associated Press and was picked up by both Tombstone papers, under vastly different headlines. "THE COW BOY CURSE: The Attention of Congress Called to It," the Epitaph headlined. The Nugget ran, "GOSPER'S GUSH: Remarkable Statements Emanating From Arizona's Late Acting Governor." The letter asked that the Posse Comitatus Act be amended to allow civil authorities to enlist the army's help to protect the territory, and said that local law enforcement officials were unable to deal with the problem.
Gosper managed to offend most of Tombstone's citizenry with his letter. "The people of Tombstone and Cochise county, in their mad career after money, have grossly neglected local self-government until the lazy and lawless element of society have undertaken to prey upon the more industrious and honorable classes for their subsistence and gains. The cowboys are not always white, some are Mexicans, but Americans direct and control the lawless element."
Only an excerpt from the letter appeared in the Associated Press report, but nine days later the Nugget published Gosper's full commentary, an indictment of the activities in Cochise County. The acting governor said civil officers ignored crimes and neglected their duties "for hope and sake of gain." Gosper said the law-abiding citizens "are very generally of the opinion that the officers of the law are themselves in league with the cowboy element to obtain legal gain." He wrote of the difficulties between the Earps and Behan and said, "the rivalry ... having extended into a strife to secure influence and aid from all quarters, has led them and the particular friends of each to sins of commission and omission, greatly at the cost of peace and property." Gosper also attacked the Nugget and the Epitaph, saying they had selfishly taken sides to gain patronage and printing contracts. He criticized ranchers who bought stolen cattle from the rustlers and merchants who happily catered to the free-spending cowboys: "under the guise of respectability and the pretense of observing the laws, [they] keep up a secret partnership with the robbers and profit by their lawlessness. This class is quite as difficult to handle as the extreme criminal class."75
In early February, Congress requested the President to enter discussions with Mexico to try to formulate an agreement of cooperation with the Mexican government to improve enforcement and extradition procedures between the two countries.
Rampant confusion continued in Tombstone. Marshall Williams, the trusted and respected Wells, Fargo agent, fell quickly into disrepute when it was discovered he had altered the books. Williams, who also ran a cigar and stationery shop from the Wells, Fargo office, left town on the afternoon of February 3, apparently taking a prostitute along. "Marshall Williams ... has skinned out of Tombstone and, it is said, hied toward the Orient ... and had a sport with him," the Arizona Star reported. "Wonder if the resignation of the Earps did not have something to do with his sudden departure."76 The details of his debt were reported differently, ranging from $8,000 to $30,000, with a couple of thousand pilfered from Wells, Fargo accounts. The final accounting showed Williams left behind only $4,000 in debts, but this would still serve as an embarrassment for his one-time friends. Dodge would later write in a letter to Stuart Lake, "Marshall Williams did do some tipping off," meaning he informed stage robbers about company shipments. This could never be proven, but could explain the many rumors about an inside informant playing a role in the robberies.
As for the Earps, details of their home life are difficult to sort. Virgil and Allie remained sequestered at the Cosmopolitan. Jim, Mattie, and the clan probably spent most of their time in the hotel, although surviving records do not indicate they checked in until late March. Louisa Houston Earp wrote to her sister on January 31: "Ever since our trouble we have stayed at the Cosmopolitan Hotel and it is very disagreeable to be so unsettled." 77 Virgil slowly recovered from his wounds, growing stronger each day. In February, Morgan sent Louisa to the Earp family home in Colton, California, a safer location to wait out the danger.
At some point after the gunfight, in late '81 or early '82, Sadie Marcus returned to her family in San Francisco. It is obvious that Wyatt and Sadie could not have spent much time together in January and February, when he alternated between sitting in Behan's jail and riding on posses. It is highly probable that Behan continued to pursue her. He traveled to San Francisco on March 10, presumably to visit his one-time fiancee, and returned alone.78 Sadie had already served to add fire to the feud between Behan and the Earps.
As for the rest of Tombstone, the situation seemed to be settling down and returning to normal. Wells, Fargo had not followed up on its threat to pull out, although it did close its office in Bisbee, and business as usual settled about the dusty mining camp. The city had a brief Apache scare and rumors of a smallpox outbreak, but they turned out to be minor problems. The Nugget joked, "It is said that people who are much among cattle never have the smallpox. We'll bet Curly Bill is never pockmarked."
By the end of February, Wyatt, Morgan, and Warren Earp were on constant patrol through southern Arizona. Apparently Warren had moved back and forth between Colton and Tombstone, and he had had little previous involvement in Arizona activities. The Prescott Miner, in a dispatch carried by the Nugget, said Dake had authorized the formation of posses to patrol the Mexican border and try to capture outlaws, and added that Dake had organized the posse on his own responsibility, trusting Congress for reimbursement. The Nugget added its own commentary: "One of the peculiarities of Major Dake is, that he says one thing and does another. When the posse referred to, consisting of the Earp party, left this place for the Mexican border he telegraphed to certain parties in this place that he knew nothing of their movements, but supposed they desired to serve some old warrants, and further, that John H. Jackson was his deputy at this place. When he was here some time ago, he made many promises to reform in his management of this portion of the Territory, none of which he has fulfilled; but then it requires somethi
ng more than the average man to make a good and efficient United States Deputy Marshal, especially on the frontier."79
On the same page, the Nugget picked up an illogical item from the Prescott Democrat saying, "We are informed by Marshal Dake that the resignation of the Earps, as Deputy United States Marshals, has not yet been accepted, owing to the fact that their accounts have not yet been straightened up. As soon as that is done, they will step out." In all likelihood, Dake meant Wyatt would step down to run for sheriff in the next election.
With the posses on patrol, Tombstone enjoyed its interlude of tranquillity, and the town's skittish residents hoped for peace. Clara Brown sent a comforting message back to San Diego: "The turbulent condition of affairs which was prevailing at the time of my last letter has been for some time subdued, though exactly in what manner I cannot say, as the movements of the posses sent from here almost daily at that time were secret. The presence of United States Marshal Dake on the field of action is undoubtedly the principal cause of so speedy a change for the better, and Judge Stilwell of the District Court is commended for the part he has played in the secret drama. There being a lull in cowboy criminality (which we hope is something more than temporary), and the Indians apparently having left the Dragoons, Tombstone people have been obliged to look to other causes of excitement."80 They would not have long to look. The furor that had embraced Tombstone for five months only served as preliminary to the events that would forever create a legacy of blood in Cochise County.
WHEN THE W. H. LINGARD THEATRE COMPANY came to town for a one-night showing of Stolen Kisses, Morg Earp did not want to miss a good show just because Wyatt urged caution after a few of his fidgety friends thought the troubles might heat up again. Two and a half months had passed since Virgil had been shot, and Tombstone had been quiet for nearly three weeks, a long period by Cochise County standards. It was a Saturday night, March 18, and Morg wanted a little fun.
Wyatt thought something was amiss on Friday night, and he approached Briggs Goodrich, Ben's brother and law partner, who maintained a cordial relationship with the Earps, despite representing many cowboys in their court cases.
"I think they were after us last night. Do you know anything about it?" Wyatt asked Goodrich. The attorney said he did not.
"Do you think we are in any danger?" Wyatt asked.
Goodrich looked back at the marshal and told him he was liable to get it in the neck at any time.
"I don't notice anybody particularly in town now-any of the crowd," Wyatt said.
"I think I see some strangers here that I think are after you," Goodrich responded. "By the way, John Ringo wanted me to say to you, that if any fight came up between you all that he wanted you to understand that he would have nothing to do with it; that he was going to take care of himself, and everybody else could do the same." The message came through clearly: Ringo knew trouble was coming. He either chose not to be part of it, this time, or he wanted to set up an alibi should he be implicated.
A few minutes later, Goodrich had a conversation with Frank Stilwell, who told Goodrich, "There are some boys in town who will toe the mark, and what bothers me is the Earps will think I am in with it, as they don't like me. What would you advise me to do?"" The lawyer told him to keep off the street at night and make himself visible so he could prove an alibi for all times if the action started. Then Goodrich offered to tell the Earps that Stilwell would not be a party to any action against them, the same as he had done for Ringo. Stilwell refused; he said he would rather die than let them know he cared a damn what they thought.
Goodrich saw men with guns walking the streets as he made his way to the theater. He ran into Morg and Doc Holliday and told them: "I saw some fellows with guns. You fellows will catch it if you don't watch out."
The attorney knew that Wyatt had been sufficiently warned, enough so he could look after the safety of his family. Good-timing Morgan had other plans and would not miss a big show on the stormy, windy night. Wyatt returned to the Cosmopolitan and began to undress, according to his story in the Hooker manuscript. He had already scouted the town and seen Florentino Cruz and Hank Swilling, two known troublemakers and foes of the Earps. Goodrich had given him warning, and several businessmen had tipped various Earp allies that something was about to happen. Dan Tipton would later testify they had been "warned to look out, as some of them would catch it that night."
Wyatt Earp pulled on his boots and went back to catch Morgan as he came out of the theater to try to convince him to return to the hotel. Morgan insisted on one game over at Bob Hatch's poolroom before retiring, and Wyatt relented. Along with Tipton and Sherm McMasters, they went to the little poolroom in Campbell and Hatch's saloon and took seats as Morgan played it out with Hatch, a duel of two expert players.82
About ten minutes before 11, Morgan walked around the table to line up a shot, leaving his back to the glass door at the rear of the room, the bottom half ground glass and the upper half clear. With the lights on inside, anyone standing in the alley could easily see through the glass and spot the figures inside.
Morgan leaned over the table to make the shot, and suddenly a blast crashed through the glass, knocking him against the table. The bullet passed through Morg's body and lodged in the leg of bystander George A. B. Berry. Almost immediately another shot crunched through and hit the wall just over Wyatt's head. The poolroom partisans dived for cover, knocking over chairs and hunting for safety. Morgan Earp slowly slid off the table and collapsed in a pool of blood.
By the time Hatch and McMasters could run into the alley, the assassins had fled, leaving no clues. McMasters, Tipton, and Wyatt lifted Morgan and moved him to the lounge of an adjoining cardroom. "The death scene is said to have been very affecting," Clara Brown wrote back to San Diego. "The man was surrounded by his brothers and their wives, whose grief was intense. He whispered some words to Wyatt, which have not been given to the public, but spoke aloud only once when his companions endeavored to raise him to his feet: 'Don't, boys, don't,' he said. 'I can't stand it. I have played my last game of pool.' "83
Morgan rested in the cardroom.The bullet entered just to the left of the spinal column, passed through a kidney, and came out the loin. Three doctors watched as Morgan clung to life for nearly an hour. "Each breath came with a gasp and a struggle as his heart yielded drop after drop of his life blood," the Nugget reported. By midnight, Morgan Earp, 30, the family favorite, had died.
At the front door of the saloon stood -a hound raised by the brothers who with the instinct peculiar to animals seemed to know that his master had been struck down, and despite entreaties remained whining and moaning," reported the Nugget. "And when the body was taken to the hotel, no sadder heart followed than that of the faithful dog."
Morgan's last whispered words were the subject of much speculation and many stories. By one source, Morgan said, "Do you know who did it?" and Wyatt responded, "Yes, and I'll get them."
"That's all I ask," Morgan whispered. "But Wyatt, be careful."
Two months later, Wyatt would say: "I promised my brother to get even, and I've kept my word so far. When they shot him he said the only thing he regretted was that he wouldn't have a chance to get even. I told him I'd attend to it for him."84
Promise made. But no promises were really necessary. The cowboys had twice attacked from hiding, maiming Virgil and murdering Morgan. The court system had failed in the Clanton trial, and Wyatt knew that as long as assassins had friends to swear their alibis, malefactors would be free to continue doing their evil deeds. It would take stronger measures than just bringing a criminal before a judge. By his way of thinking, Wyatt Earp would have to become a justice unto himself to avenge Morgan's death and, perhaps, to ensure the survival of the townspeople who had supported his cause.
Wyatt Earp in about 1869, a young man beginning a life of adventure. (Charles W. Dearborn Collection/Courtesy C. Lee Simmons)
Virgil Earp as a young man, about the time he left to fight in the Civil War. (Ch
arles W. Dearborn Collection/Courtesy C. Lee Simmons)
Nicholas and Virginia Earp, parents of Jim, Virgil, Wyatt, Morgan, and Warren Earp. Newton Earp was Nicholas's son by a previous marriage. (C. Lee Simmons Collection)
Ben Thompson in 1879. Whether Wyatt Earp disarmed the dangerous Thompson is one of the lingering mysteries of the frontier. (Robert G. McCubbin Collection)
Wyatt Earp and Bat Masterson in Dodge City, where Wyatt served as assistant marshal and Bat as Ford County sheriff. They would combine to help form a most effective frontier law enforcement unit. (Courtesy Arizona Historical Society/Tucson [766361)
Larry Deger served as city marshal when Wyatt Earp came to Dodge City, and would later emerge as an opponent of Earp and his associates. (William Secrest Collection)
Wyatt Earp: The Life Behind the Legend Page 35
