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 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