Gunfight at the O.K. Corral to town, and shootings were frequent. In the 1880s, illegal smuggling and theft of cattle, alcohol, and tobacco across the Mexico–United States border, about from Tombstone, were common. The Mexican government assessed heavy export taxes on these items, and smugglers earned a handsome profit by stealing them in Mexico and selling them across the border. James, Virgil, and Wyatt Earp arrived in Tombstone on December 1, 1879, when the small town was mostly composed of tents as living quarters, a few saloons and other buildings, and the mines. Virgil had been hired as Deputy U.S. Marshal for eastern Pima County,
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