Tombstone, Arizona Tombstone to Benson, Arizona, the nearest railroad freight terminal. Near Drew's Station, just outside Contention City, the popular and well-known driver Eli "Budd" Philpot and a passenger named Peter Roerig riding in the rear dickey seat were both shot and killed. Deputy U.S. Marshal Virgil Earp and his temporary deputies and brothers Wyatt Earp and Morgan Earp pursued the Cowboys suspected of the murders. This set off a chain of events that culminated on October 26, 1881, in a gunfight in a vacant lot owned by famous photographer C. S. Fly near, not in or at the O. K. Corral,
Gunfight at the O.K. Corral he had been temporarily acting as city marshal for Virgil the week before while Virgil was in Tucson for the Pete Spence and Frank Stilwell trial. Wyatt said that he still considered himself a deputy city marshal, which Virgil later confirmed. Since Wyatt was an off-duty officer, he could not legally search or arrest Tom for carrying a revolver within the city limits-—a misdemeanor offense. Only Virgil or one of his city police deputies, including Morgan Earp and possibly Warren Earp, could search him and take any required action. Wyatt, a non-drinker, testified at the Spicer hearing that he went