Gunfight at the O.K. Corral Cowboys and were not indicted. Wyatt Earp, newly appointed as Deputy U.S. Marshal in Cochise County, then took matters into his own hands in a personal vendetta. He was pursued by county sheriff Johnny Behan, who had received a warrant from Tucson for Wyatt's shooting of Frank Stilwell. Tombstone, near the Mexican border, was founded in March 1879. After silver was discovered in the area, Tombstone grew rapidly into a frontier mining boomtown. At its founding, it had a population of just 100, and only two years later, in late 1881, the population was more than 7,000 (excluding Chinese, Mexicans,
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