Gunfight at the O.K. Corral Doc Holliday shooting at a man who was using a horse to barricade himself, and once shot the man fell. In his statement, Fallehy wrote that the man still held his pistol in his hand. Although he did not see him shoot, he thought Tom McLaury was armed. Ruben F. Coleman also said afterward that he thought Tom was armed, though he later equivocated on this point. He was quoted in the October 27 issue of "The Tombstone Epitaph" in which he said, "Tom McLaury fell first, but raised and fired again before he died." Coleman also testified at the
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