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 was fined. Saloon-keeper Mehan testified that Tom had deposited his revolver at the Capital Saloon on 4th Street and Fremont after his arrest and before the fight, between 1 and 2 p.m. Several Cowboy witnesses testified that Tom was unarmed and claimed that the Earps had murdered a defenseless man. Behan testified that when he searched Tom McLaury for a weapon prior to the gunfight, he was not thorough, and that Tom might have had a pistol hidden in his waistband. Behan's testimony was significant, since he was a prime witness for the prosecution but had equivocated on this point.