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 revolver in plain sight on the right hip of Tom's pants. As an unpaid deputy marshal for Virgil, Wyatt habitually carried a pistol in his waistband, as was the custom of that time. Witnesses reported that Wyatt drew his revolver from his coat pocket and pistol whipped Tom McLaury with it twice, leaving him prostrate and bleeding on the street. Saloon-keeper Andrew Mehan testified at the Spicer hearing afterward that he saw McLaury deposit a revolver at the Capital Saloon sometime between 1:00–2:00 pm, after the confrontation with Wyatt, which Mehan also witnessed. Wyatt said in his deposition afterward that