Murder in Tombstone: The Forgotten Trial of Wyatt Earp

by Steven Lubet

The gunfight at the OK Corral occupies a unique place in American history. Although the event itself lasted less than a minute, it became the basis for countless stories about the Wild West. At the time of the gunfight, however, Wyatt Earp was not universally acclaimed as a hero. Among the people who knew him best in Tombstone, Arizona, many considered him a renegade and murderer. This book tells the nearly unknown story of the prosecution of Wyatt Earp, his brothers, and Doc Holiday following the famous gunfight. To the prosecutors, the Earps and Holiday were wanton killers. According to the defense, the Earps were steadfast heroes—willing to risk their lives on the mean streets of Tombstone for the sake of order. The case against the Earps, with its dueling narratives of brutality and justification, played out themes of betrayal, revenge, and even adultery. Attorney Thomas Fitch, one of the era’s finest advocates, ultimately managed—against considerable odds—to save Earp from the gallows. But the case could easily have ended in a conviction, and Wyatt Earp would have been hanged or imprisoned, not celebrated as an American icon.

Genres: History, Nonfiction, Westerns, American History, Biography, Crime, True Crime

276 pages, Hardcover

First published January 1, 2004

Reviews

[David · Rating 4 out of 5]

Although it's rarely shown in movies, Virgil, Wyatt, and Morgan Earp along with Doc Holliday faced murder charges after the famous gunfight just outside the OK Corral. This book starts with a short discussion of the factors that led up to the gunfight, takes a good, detailed look at the court proceedings, then wraps up with a look at what what happened to the principal players afterward. I found it a fascinating read and appreciated its attempts to remain objective in its discussion of the events.

[Zella Kate · Rating 4 out of 5]

This book is a fascinating legal analysis of the little-covered hearing that resulted from the infamous OK Corral Gunfight. The author does a particularly good job of shining more light on the backgrounds of the legal participants (I had no clue Judge Spicer had been involved in the Mountain Meadows Massacre case as an attorney), the differences in how 19th century legal procedure (modern-day cross-examination was in its infancy), and both sides' various strategies throughout the hearing.

Per Lubet, the prosecution likely could have prevailed if they'd developed a more coherent legal theory or brought lesser charges, but they shot themselves in the foot with chaotic witnesses and an overly aggressive approach, likely thanks to Will McLaury's presence on the legal team. They also may have had better luck if they'd limited the most severe charges to Doc Holliday. Similarly, the Earps--and Doc by association despite having a different lawyer--benefited from their legal team providing a coherent, expansive narrative of long-standing trouble and accurately evaluating the best way to approach the judge.

[Julie Bozza · Rating 5 out of 5]

Really enjoyed this - not so much for the summaries of Before and After, but for the very readable and close analysis of the legal proceedings resulting from The Gunfight at the OK Corral. A really interesting look into the laws directly relevant at the time, and lawyerly practices both then and now, along with some thoughts on the experiences of various people involved (including Judge Wells Spicer) and how that affected the hearing and the results.

A must read for Earpians!

[Tam Le Blanc · Rating 4 out of 5]

I understand why the movies focus on the gunplay, but this book on teh preliminary hearing into murder charges for the Earps and Doc Holliday opens a window on politics and law during the period. Not just lawmen and Cowboys, but Republicans and Democrats, plus all the problems when people pursue legal cases for revenge rather than justice.

[an infinite number of monkeys · Rating 4 out of 5]

"When the legend becomes fact, print the legend" Well, the facts are pretty interesting, too. If you're interested, here they are.

[C Baker · Rating 4 out of 5]

I really enjoyed the close breakdown of the preliminary hearing related to the gunfight at the OK Corral. The hearing where Wyatt, Virgil and Morgan Earp along with Doc Holliday could have be shuttled along to a grand jury for first degree murder charges but the charges were dismissed by Judge Wells Spicer. This monograph does an excellent job of detailing the testimony in the case and how the Earp's lawyers outsmarted the prosecution. Well worth the read.

[SB · Rating 3 out of 5]

3.5⭐️
I'm not entirely sure how to rate this book?
On one hand I think Lubet's analysis of the trial is really interesting and well thought out. I enjoyed reading his trial analysis and found it articulate and well informed.
On the other hand Lubet's analysis is an opinion that's being argued, rather than an exploration of the trial- meaning it's not neutral since it's making an argument. Which is fine, but it would have been good to have more contrasting opinions of the trial methodology and final denouement than just Lubet's preferred theory.
Lubet's argument also loses out since the surviving trial documents aren't published as part of this book in appendices or notes. Instead you have to rely on Lubet's analysis and choice of quotes, adding to the feeling of being led to his conclusions rather than having his conclusions supported by the extant evidence.
Finally, Lubet's expertise on the trial is undermined by his historical research. It's great that he's set the trial accordingly and given the build-up and aftermath, but some of the sources that he relies on are questionable. Glen Boyer's work has been discredited, and Lubet acknowledges that fact in the text- but he still quotes Boyer's Josephine as a legitimate quotation? Paula Mitchell Marks suffers as a source by being too closely tied to Boyer (no matter the quality of their work otherwise), and I can't speak to Casey Tefertiller but by all accounts his work is excellent.
I'd also question Lubet's approach to Doc Holliday in the trial, it seems his characterization of Holliday may have relied too heavily on Paula Mitchell Marks or Allen Barra and influenced his conclusions on the relationship between Doc and the Earps and its impact on trial decisions. That might be my bias showing though.
It's not a bad book, and Lubet's analysis is very interesting, but since the book falls down in general historical research it raises the question whether
Lubet's analysis of a historical trial is impacted by his inability to research history.

[Jerry D. Clark · Rating 3 out of 5]

Too long and too much information on everyone especially the minor characters. I don't care about people I have never heard of before, just give me the lowdown and maybe something different that I didn't know about the major players.

[Emmett J. · Rating 5 out of 5]

This is a book that details the aftermath of the OK Corral gunfight. Would make a great courtroom drama, but all I've seen is a cursory treatment of it in the movies.

The course of events leading up to the fight and the trail after is enlighting. I've read it twice so far. I highly recommend it to the western buffs.

[Tom Barnes · Rating 4 out of 5]

Steven Lubet has taken a thought provoking look at the fallout surrounding the October 26, 1881 shootout on the streets of Tombstone. He gives the background of the major players and a Wild West Frontier look at a growing mining camp during the early days of Tombstone.
The buildup to the shootout has all the elements of conflict, partisan politics with opposing newspapers fanning the flames, a love triangle, which involves both suitors in a run for the office of sheriff of Cochise County, and a gang of bullies known as cowboys running roughshod over citizens and ranchers in the Tombstone area.
Ike Clanton, one of the most provocative voices among the cowboys sets the stage for the shootout the night before with his threats and rants against the Earps and Holliday. The threats continued the following morning with other cowboys joining in the chorus. In an effort to disarm the cowboys and quell the disturbance, Chief of Police Virgil Earp deputized his brothers Wyatt and Morgan Earp along with Doc Holliday.
When the confrontation becomes imminent Ike Clanton, the chief loud mouth, ran away and left the fighting to his younger brother, Billy Clanton and two associates Tom and Frank McLaury. At the end the shootout cowboys Billy Clanton, Tom McLaury and Frank McLaury were all dead. Virgil and Morgan Earp both received debilitating gunshot wounds, Doc Holliday suffered a bad bruise from a glancing bullet, and Wyatt Earp was not hit.
Cowboy backers and lawyers immediately filed murder charges against the Earps and Holliday and hauled them into Judge Wells Spicer’s court for a hearing.
Prosecution and defense were represented by capable lawyers skilled in the law and articulate in the courtroom.
Lawyers Tom Fitch and T.J. Drum represented the Earps and Holliday in the courtroom while District Attorney Lyttleton Price and lawyer Ben Goodrich presented the prosecutions case.
More than a dozen witnesses took the stand during the 28-day hearing and Lubet uses all of them to point out strategies being employed by prosecution and defense attorneys. The questions and cross examinations, objections and rulings by Judge Spicer leads to good courtroom drama. And there is a good balance in presentations until Ike Clanton takes the stand and makes a string of wild allegations that could not possibly be proven.
In the end Judge Spicer rules in favor of the Earps and Holliday. Spicer advises the prosecution team that they have every right to pursue a grand jury indictment. However, it was his opinion that there was mot enough evidence to sustain a conviction.
The cowboys were not finished though, and pursued a vendetta using threats and intimidation against Judge Spicer and Mayor Clum. In the dead of night shotgun blasts hit and almost kill Virgil Earp. Unfortunately their next try succeeds, when they shoot Morgan Earp in the back
To avoid an all out bloodbath Doc and Wyatt eventually leave Tombstone for a safe haven in Colorado.

[Anthony · Rating 4 out of 5]

Considering what Hollywood has tried to show concerning the history of Wyatt Earp, the Wild West and The O.K. Corral I found this book refreshing. Mr. Lubet has looked beyond the historical significant of the gunfight itself and layed out the circumstnaces that led to the event and the consequences afterword. By using documents and opinions from the times the reader is left to decide a pro/con opinion of Wyatt Earp. Because when it comes to this event Wyatt Earp and Doc Holliday are the stars.
This book gives a good laymen description of the trial and how Western law worked. By an unbiased approach Mr. Lubet gives the reader a solid base on how they look upon the famous law man and his friend and what their responsibility's were in the gunfight at the O.K. Corral.
This book is a thumbs up in brevity, information and entertainment.

[Greg · Rating 4 out of 5]

The "true" story about the gunfight, the ensuing trial and the west at that time. If you have any interest at all in the wild west, you need to read this book. Most of what we believe about the west is actually a product of Hollywood. This book is able to seperate fact and fiction. I found fact more entertaining. An example is that individuals rarely used pistols in gunfights because a pistol is unreliable, difficult to aim and shoot effectively and often times, the individual stood a greater chance of shooting himself than his intended target. Another example is that the term "cowboy" was not a compliment. Again, if you have an interest in the wets, go out and find this book.

[Matt Christensen · Rating 5 out of 5]

Lubet is a trial practice professor, who's written books about the best ways to try a case. He takes those analytical skills, and applies them to the "trial" of Wyatt Earp and others for the shots fired at the OK Corral. As others have said, Lubet does a fairly good job at remaining impartial, although you can tell he has more respect for the trial skills of the defense attorneys, and less respect for the prosecutors (at least, for Will McClaury). A great look at frontier politics and law, with an interesting examination of the aftermath of the shootout.

[David Sachar · Rating 5 out of 5]

A great book about the Gunfight at the O.K. Corral and the events that led to and followed. The legal perspective lends itself to seeing the incident as an alleged crime, an unpopular shooting to some and the politics that are very recognizable today that existed back then. It is an entertaining and humanizing review that made me appreciate the Earps and their time in history even more. One of my "old west" era favorite books!

[Natalie · Rating 5 out of 5]

The book's conversational style, coupled with the author's thorough and in-depth scholarship in both the historical era and the law, make Northwestern University law professor Steven Lubet's "Death in Tombstone" completely convincing, enjoyable and interesting. This story of the handling, use, and abuse in law enforcement and in court of gun laws in pre-statehood Arizona in 1880 is especially fascinating to read now, in a time when such laws are undergoing complete revision in the US.

[Larry · Rating 4 out of 5]

The Earps and Doc Holliday were arrested and tried for murder in the aftermath of the O.K. Corral shooting.The trial is at the center of Lubet's book, and it makes interesting, well-researched reading. Casey Terfentiller is still at the top of scholarship about the Earps, but Lubet's legal professionalism brings a nice focus to the matter of making sense of events in Tombstone.

[Josh Arcelo · Rating 5 out of 5]

Best book I've ever read on Wyatt Earp- and it's not even biographical. Writing style, thorough research and critical analysis puts this book on such a high level that nothing on Wyatt Earp compares to it. If you love history and court room drama, this is the perfect blend.

[Daniel · Rating 4 out of 5]

A good book that looks at the trial of the Earps after the OK Corral shootout. The book goes into detail about the strategy the defense lawyers took to win the case. It is an interesting read about some mostly forgotten history.

[Katherine Addison · Rating 5 out of 5]

Fascinating look at the legal process in Tombstone in 1881.