Friends of the lawman and several key neutral witnesses then testified that the Cowboys had drawn their guns and that Virgil Earp had called out, "Hold, I don't want that!"

During early April 1882, Wyatt and his posse tracked down and killed Florentino "Indian Charlie" Cruz, Curly Bill Brocius, and Johnny Barnes, three of the men they believed were responsible for their brothers' ambush and murder.

[4][5][3]: 183 The October 28, 1881, issue of The Tombstone Epitaph, which was loyal to the Republican business establishment, was more restrained in its language: The feeling among the best class of our citizens is that the Marshal was entirely justified in his efforts to disarm these men, and that being fired upon they had to defend themselves which they did most bravely ...

At the inquest yesterday, the damaging fact was ascertained that only two of the cowboys were armed, it thus being a most unequal fight.Even the Governor of the Arizona Territory, John C. Frémont, reported after the gunfight, "Many of the very best law-abiding and peace-loving citizens [of Tombstone] have no confidence in the willingness of the civil officers to pursue and bring to justice that element of out-lawry so largely disturbing the sense of security ... [The opinion] is quite prevalent that the civil officers are quite largely in league with the leaders of this disturbing and dangerous element.

[15] Author Stuart N. Lake, who wrote the extremely popular biography Wyatt Earp: Frontier Marshal, relied on the surviving portion of the court record, which he described as a "sheaf of original handwritten documents rescued from oblivion."

Part-time newspaper reporter Howell 'Pat' Hayhurst, sponsored by the Federal Writers' Project, part of the Works Progress Administration, transcribed all of the testimony from the hearing in the early 1930s.

[6]: 238 [23] After Ike Clanton filed murder charges, Justice Spicer convened the preliminary hearing in the Mining Exchange Building on October 31 to determine if there was enough evidence to go to trial.

The preliminary hearing was prosecuted by Republican District Attorney Lyttleton Price, assisted by John M. Murphy, James Robinson, and Ben Goodrich.

[1] The first story published in the Nuggett the day after the shooting, which was usually very friendly to the Cowboys, stated that Behan "was standing near by commanding the contestants to cease firing but was powerless to prevent it."

[37] According to testimony given by Wyatt and Virgil, both McLaury and Clanton agreed to provide information to assist in capturing Leonard, Head, and Crain, but they never had a chance to fulfill the agreement.

[37] After the defense had established doubts about the prosecution's case, Justice Spicer released Holliday and Wyatt from jail to rejoin their families in time for Thanksgiving.

[48] I saw four or five men standing in front of the O. K. Corral on October 26th, about two o'clock in the afternoon, talking of some trouble they had had with Virgil Earp, and they made threats at the time that on meeting him they would kill him on sight.

"[16] Some modern researchers have tried to discredit Sills' testimony, questioning the perfect timing of his arrival in Tombstone and his exact corroboration of the Earps' view of events.

[11]: 214–216  Lucas corroborated Addie Bourland's testimony that Billy Clanton was standing throughout the fight, which contradicted prosecution witnesses who maintained he went down immediately after being shot at close range in the belly.

In his ruling, he noted that Ike Clanton had the night before, while unarmed, publicly declared that the Earp brothers and Holliday had insulted him, and that when he was armed he intended to shoot them or fight them on sight.

In fact, as the result plainly proves, he needed the assistance and support of staunch and true friends, upon whose courage, coolness and fidelity he could depend, in case of an emergency.

When Spicer announced his decision, the Arizona Weekly Citizen on March 26, 1882, wrote: "These facts are sorely entitled to sufficient consideration to prevent the homicide thus legally declared to be justifiable from being classed with deeds of secret murder.

[54]: 128–129  Wells Fargo Agent Marshall Williams, Mayor John Clum, attorney Tom Fitch, Oriental Saloon owner Lou Rickabaugh, and the Earps were also threatened.

The prosecution immediately filed a new warrant for murder charges, issued by Justice Smith, but Judge Lucas equally quickly dismissed it, writing that new evidence would have to be submitted before a second hearing could be called.

According to the Star, a Mrs. J. C. Colyer had been visiting the home of her sister and brother-in-law at Boston Mill on the San Pedro River 8 miles (13 km) southwest of Tombstone.

Marshal for eastern Pima County and asked for authority to form a posse:[64] VIRGIL EARP WAS SHOT BY CONCEALED ASSASSINS LAST NIGHT HIS WOUNDS ARE FATAL TELEGRAPH ME APPOINTMENT WITH POWER TO APPOINT DEPUTIES LOCAL AUTHORITIES ARE DOING NOTHING THE LIVES OF OTHER CITIZENS ARE THREATENED WYATT EARP[4]In late January, unable to obtain funds from his superiors, Dake went to San Francisco where he persuaded the Wells, Fargo & Co. to loan him $3000, assuring them that the Department of Justice would honor the loan.

[69]: 123  On January 25, Wyatt obtained warrants from Judge Stilwell for the arrest of Ike and Phin Clanton, and another Cowboy named Pony Diehl, for the attempted murder of Virgil.

On February 13, Wyatt and Mattie took out a three-month note on their home, lots three and four of Block M near Fremont and First Streets, and James G. Howard loaned them $365.00 in gold coin (or about $11,524 in today's dollars).

[70] On Saturday evening, March 18, 1882, Morgan, Doc Holliday, and Dan Tipton attended Stolen Kisses, a musical by William Horace Lingard and Company, at Schieffelin Hall.

[6]: 244 [71]: 38 At 10:50 pm, Morgan Earp was waiting for Hatch to line up a shot when two bullets were fired through a glass-windowed, locked door which opened onto a dark alley between Allen and Fremont Streets.

[4][83] Tucson Justice of the Peace Charles Meyer issued arrest warrants for Wyatt and Warren Earp, Holliday, McMaster, and Johnson for the murder of Frank Stilwell.

[4] During the next week Wyatt and his posse tracked down and killed Florentino "Indian Charlie" Cruz, Curly Bill Brocius, and Johnny Barnes, three of the men they believed were responsible for their brothers' ambush and murder.

Wyatt Earp traveled across the western frontier from one boom town to another in the company of Josephine Marcus, working mostly as a gambler and miner, until they settled in Southern California.

Arthur King, a deputy to Earp from 1910 to 1912, finally revealed that Josephine had buried Wyatt's cremated remains in Colma, California, and the Tombstone Commission cancelled its plans to relocate his ashes.

[92][93] While the transcripts do not offer any significant deviations from generally accepted historical accounts of the gunfight itself, they were taken directly from eyewitnesses shortly afterwards and as such, they provide an interesting and unique perspective of the event.