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Gunfight at the O.K. Corral
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=== Tom McLaury's concealed weapon === <!-- Deleted image removed: [[File:PeteSpence.JPG|thumb|[[Pete Spence]], an alias for Elliot Larkin Ferguson, in an 1893 Yuma Penitentiary prison mugshot]] --> Outside the court house where Ike was being fined, Tombstone Deputy Marshal Wyatt almost walked into 28-year-old [[Tom McLaury]] as the two men were brought up short nose-to-nose. Tom, who had arrived in town the day before, was required by the well-known city ordinance to deposit his pistol when he first arrived in town. When Wyatt demanded, "Are you heeled or not?", McLaury said he was not armed. Wyatt testified that he saw a [[revolver]] in plain sight on the right hip of Tom's pants.<ref name="Bauertestimony">{{cite web|url=http://law2.umkc.edu/faculty/projects/ftrials/earp/bauertestimony.html|title=Testimony of A. Bauer in the Preliminary Hearing in the Earp-Holliday Case|access-date=February 6, 2011|year=2005|editor-first=Douglas|editor-last=Linder|work=Famous Trials: The O. K. Corral Trial|url-status=live|archive-url=https://web.archive.org/web/20110816210806/http://law2.umkc.edu/faculty/projects/ftrials/earp/bauertestimony.html|archive-date=August 16, 2011}} From Turner, Alford (Ed.), ''The O. K. Corral Inquest'' (1992)</ref> As an unpaid [[deputy sheriff|deputy]] [[marshal]] for Virgil, Wyatt habitually carried a pistol, in his waistband or in a coat pocket lined with leather to make drawing it easier. Witnesses reported that Wyatt drew his [[revolver]] from his coat pocket and [[pistol whip]]ped 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 1:00β2:00 p.m., after the confrontation with Wyatt, which Mehan also witnessed.<ref name="historynet"/> Wyatt said in his deposition afterward that he had been temporarily acting as city marshal for Virgil the week before while Virgil was in Tucson for the [[Pete Spence]] and [[Frank Stilwell]] trial. Wyatt said that he still considered himself a deputy city marshal, which Virgil later confirmed. Since Wyatt was an off-duty officer, he could not legally search or arrest Tom for carrying a revolver within the city limits β a [[misdemeanor]] offense. Only Virgil or one of his city police deputies, including Morgan Earp and possibly [[Warren Earp]], could search him and take any required action. Wyatt, who was portrayed as a non-drinker, testified at the Spicer hearing that he went to Haffords and bought a cigar and went outside to watch the Cowboys. At the time of the gunfight about two hours later, Wyatt could not know if Tom was still armed.<ref name="wyatttestimony"/> It was early afternoon by the time Ike and Tom had seen doctors for their head wounds. The day was chilly, with snow still on the ground in some places. Both Tom and Ike had spent the night gambling, drinking heavily, and without sleep. Now they were both out-of-doors, both wounded from head beatings, and at least Ike was still drunk.<ref name=wgbh/><ref name=rosen>{{Cite book | last1 = Rosen | first1 = Fred | title = The Historical Atlas of American Crime | year= 2005 | publisher = Facts on File | location = New York | isbn = 978-0-8160-4841-0 | page = [https://archive.org/details/historicalatlaso0000rose/page/298 298] | url = https://archive.org/details/historicalatlaso0000rose/page/298 }}</ref>{{rp|138|date=November 2012}}
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