Gunfight at the O.K. Corral and didn't see Brocius' pistol on the ground. Brocius waived the preliminary hearing so he and his case could be immediately transferred to Tucson. Wyatt and a deputy took Brocius in a wagon the next day to Tucson to stand trial, possibly saving him from being lynched. Wyatt testified that he thought the shooting was accidental. It was also demonstrated that Brocius' pistol could be fired from half-cock. Fred White left a statement before he died two days later that the shooting was not intentional. Based on the evidence presented, Brocius was not charged with White's death. The Tombstone council
Gunfight at the O.K. Corral was fined. Saloon-keeper Mehan testified that Tom had deposited his revolver at the Capital Saloon on 4th Street and Fremont after his arrest and before the fight, between 1 and 2 p.m. Several Cowboy witnesses testified that Tom was unarmed and claimed that the Earps had murdered a defenseless man. Behan testified that when he searched Tom McLaury for a weapon prior to the gunfight, he was not thorough, and that Tom might have had a pistol hidden in his waistband. Behan's testimony was significant, since he was a prime witness for the prosecution but had equivocated on this point.