Clanton had told others that
Doc Holliday,
Virgil Earp,
Wyatt Earp, and
Morgan Earp had all confided in him that they had actually been involved in the Benson stage robbery. On October 25, 1881, while Clanton was in Tombstone, drunk and very loud, Holliday accused him of lying about the Benson stagecoach robbery. Tombstone City Marshal Virgil Earp intervened and threatened to arrest both Holliday and Clanton if they did not stop arguing, and Holliday went home. After the confrontation with Clanton, Wyatt Earp took Holliday back to his boarding house at Camillus Sidney "Buck" Fly's Lodging House to sleep off his drinking, then went home and to bed.
Tombstone Marshal Virgil Earp played cards with Clanton, Tom McLaury, Cochise
County Sheriff Johnny Behan and a fifth man (unknown to Clanton and to history), until morning. Clanton reported in his testimony afterward that Wyatt Earp cursed him. He said Wyatt, Virgil, and Morgan Earp offered him his rifle and to fight him right there in the courthouse, which Clanton declined. Clanton also denied ever threatening the Earps. Clanton was fined $25 plus court costs and after paying the fine left unarmed. Virgil Earp told Clanton he would leave Clanton's confiscated rifle and revolver at the Grand Hotel which was favored by Cowboys when in town. Clanton testified that he picked up the weapons from William Soule, the jailer, a couple of days later. Billy and Frank stopped first at the Grand Hotel on Allen Street, and were greeted by Doc Holliday. They learned immediately after of their brothers' beatings by the Earps within the previous two hours. The incidents had generated a lot of talk in town. Angrily, Frank said he would not drink, and he and Billy left the saloon immediately to seek Tom. By law, both Frank and Billy should have left their firearms at the Grand Hotel. Instead, they remained fully armed. The city statute was not specific about how far a recently arrived visitor might "with good faith, and within reasonable time" travel into town while carrying a firearm. This permitted a traveler to keep his firearms if he was proceeding directly to a livery, hotel or saloon. A man named Coleman told Virgil that the Cowboys had left the Dunbar and Dexter Stable for the O.K. Corral and were still armed, and Virgil decided they had to disarm them. The three main Tombstone corrals were all west of 4th street, a block or two from where Wyatt saw the Cowboys buying cartridges. Cochise County Sheriff
Johnny Behan, a friend to the Cowboys, later testified that he first learned of the trouble while he was getting a shave at the barbershop after 1:30 pm, which is when he had risen after the late-night game. Behan stated he immediately went to locate the Cowboys. At about 2:30 pm he saw both Clantons and both McLaurys gathered off Fremont street in a narrow wide empty lot or alley immediately west of 312 Fremont Street, which contained Fly's 12-room boarding house and photography studio. The lot was six lots removed from the rear entrance to the
O.K. Corral. When Virgil Earp learned that Wyatt was talking to the Cowboys at Spangenberg's gun shop he picked up a 10-gauge or 12-gauge,
short, double-barreled shotgun from the
Wells Fargo office around the corner on Allen Street. To avoid alarming Tombstone's public, Virgil returned to Hafford's Saloon carrying the shotgun under his
long overcoat. He gave the shotgun to Doc Holliday who hid it under his overcoat. He took Holliday's
walking-stick in return. From Spangenberg's, the Cowboys moved to the O.K. Corral where witnesses overheard them threatening to kill the Earps. They then walked a block north to an empty lot next to C. S. Fly's boarding house where Doc Holliday lived. Virgil Earp was told by several citizens that the McLaurys and the Clantons had gathered on Fremont Street and were armed. He decided he had to act. Several members of the citizen's vigilance committee offered to support him with arms, but Virgil said no. He had previously deputized Morgan and Wyatt and also deputized Doc Holliday that morning. Wyatt spoke of his brothers Virgil and Morgan as the "marshals" while he acted as "deputy". Witnesses later testified that Ike Clanton had spent all day, even after his arrest and disarming, threatening to gun down the Earps. However, when the gunfight broke out, Clanton ran forward and grabbed Wyatt, exclaiming that he was unarmed and did not want a fight. To this protest Wyatt said he responded, "Go to fighting or get away!"." Clanton ran through the front door of Fly's boarding house and escaped, unwounded. In the days before the gunfight, Clanton had enlisted the help of fellow Cowboy
Billy Claiborne, who was reputed to be good with a gun. Claiborne, who was also unarmed, fled the gunfight. Tom and Frank McLaury and Billy Clanton were killed. == Files murder charges against Earps ==