Gunfight at the O.K. Corral been appointed Tombstone's town marshal (i.e., chief of police) on June 6, 1881, after Ben Sippy abandoned the job. However, Virgil at the same time continued to hold his position of deputy U.S. marshal, and it was in this federal capacity that he continued to chase robbers of stage coaches outside Tombstone city limits. At the scene of the holdup, Wyatt discovered an unusual boot print left by someone wearing a custom-repaired boot heel. The Earps checked a shoe repair shop in Bisbee known to provide widened boot heels and were able to link the boot print to Stilwell. Frank
Gunfight at the O.K. Corral witnesses testified that Holliday was carrying a shotgun. (Morgan remained bedridden throughout the trial and did not testify.) The prosecution's scenario would have required Holliday to fire with his pistol first, switch to the shotgun to shoot Tom McLaury, then switch back again to his pistol to continue firing. Three witnesses gave key evidence that swayed Justice Spicer to hold that Virgil had acted within his capacity as Sheriff and that there was insufficient evidence to indict the Earps and Doc Holliday for murder. H.F Sills was an AT&SF RR engineer who had just arrived in town and knew none