Frank Stilwell had previously been accused and acquitted of two murders. He was named a deputy county sheriff by Cochise County Sheriff
Johnny Behan in April 1881. He was dismissed four months later for "accounting irregularities" relating to the collection of taxes. Law enforcement officers who came into conflict with the Cowboys included
Fred White, who was killed by
Curly Bill Brocius in what was ruled an accidental shooting. Virgil Earp was at times both U.S. Deputy Marshal for the Southeast Arizona Territory and Tombstone City Marshal. Wyatt Earp had been the Pima County deputy sheriff from June to . On June 28, 1881, Virgil was appointed by Tombstone Mayor
John Clum as the permanent Tombstone City Marshal and was paid $150.00 per month. He was to enforce all town ordinances, including the city's ban against carrying a deadly weapon.
John J. Gosper, Secretary of State for the
Arizona Territory and acting governor after
John C. Frémont's virtual abandonment of his post, interviewed both Sheriff Behan and Deputy U.S. Marshal (and Town Marshal) Virgil Earp. The initial version of Ordinance No. 9, in effect in April, 1880 unintentionally allowed individuals to carry deadly weapons in
plain sight, only banning
concealed weapons. It had little effect and the later version was passed with the intent to prevent carrying any deadly weapons without a permit. The revised version was in effect when Virgil Earp attempted to disarm the cowboys before the Gunfight at the OK Corral. After the gunfight on October 26, 1881, in which three Cowboys died, the Earps and Holliday had to defend themselves against murder charges filed by Ike Clanton. The defendants cited the weapons ordinance during the preliminary hearing held by Justice
Wells Spicer. In his ruling exonerating the lawmen of murder, Judge Spicer described
Frank McLaury's insistence that he would not give up his weapons unless the marshal and his deputies also gave up their arms as a "proposition both monstrous and startling!"
Earp and the Cowboys conflict Virgil Earp had been appointed the Deputy U.S. Marshal for eastern Pima County on , 1880, before he arrived in Tombstone. Wyatt Earp was appointed assistant sheriff for Pima County from to , 1880. After Town Marshal Fred White was killed on , 1880, Virgil was appointed to replace him, gaining the position permanently on , 1881. He hired his brother
Morgan as a deputy town marshal and occasionally called on Wyatt for assistance. Some townspeople were particularly fond of young Tom McLaury. Virgil was hit in the back and left arm by three loads of buckshot from about . The Crystal Palace Saloon and the Eagle Brewery beyond Virgil were struck by nineteen buckshot; three passed through the window and one about a foot over the heads of some men standing by a faro-table.
George Parsons wrote that he heard "four shots in quick succession." Critically wounded, Virgil staggered into the hotel. Virgil upper left arm was shattered, and a doctor removed of humerus bone and his elbow, leaving his arm useless. The
Sacramento Daily Record-Union wrote that "Long ago the cowboy gang threatened the lives of Mayor Clum, Judge Spicer, Marshall Williams, agent of Wells, Fargo & Co., Earp and Holliday, and this is an attempt to carry the threats into execution." An assailant shot Morgan through the upper half of a four-pane windowed door that opened onto a dark alley. Morgan, about from the door, was struck in the right side and the bullet shattered his spine, passed through his left side, and entered the thigh of mining foreman George A. B. Berry. Another bullet lodged in the wall near the ceiling over Wyatt's head. Several men rushed into the alley but found the shooter had fled. Morgan died less than an hour after he was shot.
Earp vendetta The main suspects in the ambush of Virgil Earp were Ike and Phin Clanton, and Pony Diehl. Wyatt was appointed as Deputy U.S. Marshal to replace Virgil; in turn, he deputized
Sherman McMaster,
"Turkey Creek" Jack Johnson,
Origen Charles Smith and Daniel "Tip" Tipton. On , 1882,
Wyatt Earp obtained arrest warrants for Ike and Phin Clanton and Pony Diehl and led his posse after them. The lawmen searched in
Charleston but were unsuccessful. == Aftermath ==