Ike Clanton filed murder charges against the Earps and Holliday on October 30. Justice Wells Spicer convened a preliminary hearing on October 31 to determine whether enough evidence existed to go to trial. In an unusual proceeding, he took written and oral testimony from about 30 witnesses over more than a month. Sheriff Behan testified that the Cowboys had not resisted but had thrown up their hands and turned out their coats to show that they were not armed. He said that Tom McLaury threw open his coat to show that he was not armed and that the first two shots were fired by the Earp party. Behan insisted that Holliday had fired first using a nickel-plated revolver, although other witnesses reported seeing him carrying a messenger shotgun immediately beforehand.