Joyce A. Aros
the questionable Affidavit.......
Fri Jul 29, 9:15

...For a long time the story of Kate's charge against Holliday re: the Benson stage debacle has irritated me and I have wondered why, over the years, so few questioned the account.

The story has variations, especially the one about Behan's involvement. I find some problems with it. First, and really quite elementary, is the idea that Behan found Kate in a saloon totally snockered and saw an opportunity to make use of her situation. I have poured over so many saloon photos of the time period and have yet to see any images of anyone other than men in the saloons. Women of any class did not hang out drinking in the mens' world. True, there may have been brothels upstairs and a lot of activity but it all remained upstairs. It was not until the turn of the century that business ladies began to venture downstairs and into the open to mix socially and economically.

So comes the question of the Affidavit sworn in by Kate. The Affidavit required one to write out in longhand the charge being put forth; then it had to be witnessed before a Notary Public or court clerk, sworn to, signed and dated, and stamped before being passed on to the District Attorney (which was Price) or the Justice which was Spicer.

So here is my dilemma. How did a court official accept a sworn Affidavit from an obviously intoxicated woman? Was that legal? No officially empowered administrator could have allowed Kate to file such a warrant or document while drunk.

Who would she be swearing the oath to?

Therefore, I find the popular story full of holes; plus, it does not fit Behan's character.

    • DocButch Badon, Sun Sep 25 15:46
      Was not a "constructive citizen." So said John Clum in a letter written in 1929 to George Kelly, who at that time was the official historian for Arizona. Kelly was also part of a committee that was... more
    • What witnesses were available?Tom Gaumer, Sat Jul 30 4:02
      The prosecutor says he talked to the witnesses and refused to bring charges against Holiday because the witnesses were not convincing and evidence Holiday was guilty was not there. What witness would... more
      • WitnessesButch Badon, Sun Sep 25 15:49
        Among those witnesses were John Slaughter and his wife who encountered Holliday the night of the robbery. Slaughter kept his hand on his weapon until Holliday was out of sight. Yes, Slaughter and wife... more
      • One has to wonder...Joyce A. Aros, Sun Jul 31 9:23
        ...what the social status of the reported witnesses were; were they town derelicts or worthwhile citizens of the township? One would think that John Slaughter and his wife were substantial witnesses... more
        • Re: One has to wonder...Bob Cash, Mon Aug 01 18:03
          Joyce, I know this will shock you, but I have a different take on this matter. I don't believe that any of the witnesses you refer to were named as such in any contemporary account. I think all of these... more
          • Hi Bob/ no argument there, but...Joyce A. Aros, Mon Aug 01 19:43
   concern was that the DA , Price, sloughed it off so casually. His references to witnesses that were not named bother me. Even though we now understand that testimony or reference information by men... more
            • In many people'sButch Badon, Sun Sep 25 15:55
              opinion Lyttleton Price did not have the intestinal fortitude to prosecute the bad men of Cochise. Somebody please cite the cases of bad guys of Copchise prosecuted by Lyttleton Price. Meanwhile, I'll... more
            • Re: Hi Bob/ no argument there, but...Bob Cash, Tue Aug 02 14:39
              Joyce, you state: " concern was that the DA , Price, sloughed it off so casually. His references to witnesses that were not named bother me. Even though we now understand that testimony or reference... more
              • Bob, refer to my 'clear up my garble' postt...Joyce A. Aros, Tue Aug 02 17:28
                ...and maybe I will make more sense. There seem to be several differing accounts of Slaughter's recognizing Holliday and I have not heard anything anywhere about Ike Clanton following him to rob... more
                • Where did Vaughn's accounts appear and when?
                  • Bob/ Vaughn's accounts.....Joyce A. Aros, Wed Aug 03 8:57
                    ...Frank Vaughn is an interesting man, apparently. His record as an Arizona pioneer at a time when everyday life became an opportunity for greater things for almost everyone who wanted to progress is a... more
                    • Re: Bob/ Vaughn's accounts.....Bob Cash, Fri Aug 05 12:33
                      I find nothing in my research of Frank Vaughn to suggest he was anything but an upstanding citizen. However, as I pointed out in a previous post, many "eyewitnesses" of Tombstone events apparently related... more
                      • Not only Vaughn...Joyce A. Aros, Sat Aug 06 4:30
                        Integrity is crucial in an investigation, as you say, but my concern from the beginning is why did the DA write it all off with a flip "...not even a suspicion..." It appears that even with substantial... more
                        • Re: Not only Vaughn...Bob Cash, Fri Aug 12 15:28
                          "Integrity is crucial in an investigation, as you say, but my concern from the beginning is why did the DA write it all off with a flip '...not even a suspicion...' It appears that even with substantial... more
                          • Bob, darned if we aren't going to...Joyce A. Aros, Tue Aug 16 13:42
                            ...disagree again! I hope I am not being terribly obstinate, but my sense of fair play does extend to the cowboys a little more than those sleazy Earps. You might find I have little respect for the... more
                            • Re: Bob, darned if we aren't going to...Bob Cash, Sat Aug 20 15:09
                              First of all, Joyce, I am 72, so I am not and hve not accused anybody of dementia. I am saying that 40 or 50 years after an event memories can get hazy and they can become ultra-sharp, even remembering... more
                              • Well, shucks!...Joyce A. Aros, Sat Aug 20 16:50
                       put up a good argument and I didn't mean to suggest you accused anyone of dementia; just that youngsters often view us as on the verge. I can't argue with you on this particular presentation; I... more
            • Bob/ just to clear up my garble...Joyce A. Aros, Tue Aug 02 7:08
              ...We are talking about the District Attorney questioning witnesses on or about July 9, 1881, not 40 years later. His conclusion, after interviewing men such as Frank Vaughn and John Slaughter, that "...there... more
    • Are such affidavits available now?Tom Gaumer, Fri Jul 29 11:50
      Howdy JOyce If they were part of the official process has anyone sought to find them or other records of this case or other cases that were not brought to court? Has anyone seen one from that time... more
      • AnswerPeter Brand, Mon Aug 01 15:19
        Tom The answer to your question about women drinking is found in the award winning biographical article on Ben Sippy - Tombstone's Outlaw Marshal; that is, if you read the Tombstone section very carefully.... more