Gunfight at the O.K. Corral direct conflict with the Earps' roles as lawmen, Johnny Behan was Cochise County Sheriff. Virgil Earp had served for three years during the Civil War and had also been involved in a police shooting in Prescott, Arizona Territory. He was appointed Deputy U.S. Marshal for eastern Pima County by U.S. Marshal Crawley Dake, on November 27, 1879, before the Earps arrived in Tombstone on December 1, 1879. He was appointed acting Tombstone's town marshal (or police chief) on September 30, 1880, after popular Tombstone town marshal Fred White was shot and killed by Curly Bill Brocius. Only a few days
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