Spicer should have considered only the evidence introduced during the preliminary hearing through witness testimony or otherwise admitted into evidence during the hearing. There is no indication that the depositions from the Coroner's Inquest were admitted into evidence during the hearing and Fellehey obviously did not testify during the preliminary hearing.
That being said, although Behan's testimony did not include the "Those men have made their threats; I will not arrest them but will kill them on sight" language from Fallehey's Coroner's Inquest deposition, that is not evidence that Virgil did not say them.
Behan was not specifically questioned about whether the language Fallehey said he heard was actually spoken by Virgil or heard by him, and there is some indication that Behan did not recall every word spoken by Virgil at the time. For example, Behan testified to the following:
"I said to him it is your duty as a peace officer to disarm them rather than encourage a fight; don't remember what reply he gave me."
If we take Fallehey at face value that he overheard some of the conversation between Virgil and Behan, its entirely possible that Fallehey was referencing the statement that Behan himself stated he didn't remember. After all, Fellahey is obviously paraphrasing the total conversation he overheard since he only stated that Virgil said, "Those men have made their threats; I will not arrest them but will kill them on sight."
In fact, Virgil's supposed "kill them on sight" attitude was in line with Wyatt's later statement that he believed he "would have been legally and morally justifiable in shooting any of them on sight."
Joyce, even if Spicer were allowed to consider the Inquest testimony, and I'm not sure that he was under Arizona law (Steve Gatto?), Behan, under oath, testified in the Spicer hearing as follows, "...saw... more
Casey Let's take a look at one example of their work as an example of their "dream team" ability. Albert Billicke testifying about Tom acquiring a gun from a butcher rather than a gun store or the... more
Casey, You're trying to rationalize what was said in the conversation prior to the gunfight with what occurred (or did not occur) during the preliminary hearing to reach the position you favor - that... more
...why you think the Nugget should have made a major issue out of the 'kill them on sight" comment. The Nugget missed making an issue over quite a few comments in testimony that were just as serious. They... more
Your first reflection about Behan is interesting, but I think there is more to it. I don't recognize Virgil's comment as more volatile than one or two of his others that day, but certainly it gives us... more
I seem to remember reading somewhere that Virgil had to be awakened multiple times that morning, including by one of his Deputy’s about Ike’s loud, public, heeled and aggressive behavior. Also remember... more
...I think loud, aggressive behaviour is a slight exaggeration, don't you? Ike was in a couple of Saloons, but so was every other man in town who was awake. There was no other place to go. Ike spoke... more
Well, I don't know if officer Bronk exaggerated Ike's behaviour or not, but according to Virgil, Bronk seemed a little pre-occupied before he informed Virgil that he was at death's door. This while Bronk... more
Well, BJ, as you may have noticed by now, I not only have a suspicious nature but am inclined to read every few lines with an "...wait a minute. something doesn't sound right here!..." attitude. It slows... more
Joyce, I’m trying to understand your train of thought so I appreciate your patience per my limited education level and cognitive deficits. I also remember reading that other citizens were very concerned... more
Bob as reported by Behan? "I said to Earp you had better disarm the crowd; He said he would not, he would give them a chance to make a fight." Isn't it fair to assume that Virgil would not give... more
Thse are very nice suppositions and questions, but they in no way address the question I've been raising and you and Joyce have been beating around several bushes not to answer. How do you explain Fallehy... more
Bob Unanswered suppositions and questions make points. Focus on Virgil He is going to give them a chance to fight which he believes will result in their death or he will shoot them on sight which... more
Tom, you are now making an entirely new argument to the question of why Fallehy and Behan testified to different statements by Virgil. You, apparently, now are saying that Virgil made both statements,... more
I know Fellehy was in the Inquest and not the hearing. What he said does not become irrelevant because of that. Behan testified to a couple other things which might have some application about what... more
Even if Spicer were allowed to consider Inquest testimony, he would have had to consider whether Fallehey or Behan were in the best position to understand what Virgil said to Behan. According to Behan's... more
Bless your heart, Bob. Almost no one ever asks for MY opinion! However, you did. Apparently, as Tom described, Fellahy was in a very good position to hear what Virgil said and his confident statement... more
describing someone as stupid is not name-calling any more than would be describing someone as thuggish. Calling someone a thug is name-calling. Adjective vs. noun. As a rule, the problem with name-calling,... more
...that you are talking to someone who never completed the fifth grade and so am considered a fourth grade idiot. What that amounts to is I haven't the faintest idea what the heck you are talking about,... more
what we have here is a failure to communicate? Tell you what. Let's make a deal. If I accept half the blame for not expressing myself clearly (or perhaps too clearly since clarity, like compression, so... more
...I have no trouble accepting responsibility. I'd just like Spicer and a few others to be held accountable if only in absentia. (spelling?) And I thank you for reassuring me that lack of sufficient... more
Faulkner was a high school dropout as well. Anyone see a pattern here? Thomas, not Tom, Wolfe, on the other hand, had a graduate degree from Harvard, which perhaps explains why he is virtually unreadable.... more
And like many if not most writers of his caliber, not that there are many, his work benefits from re-reading. Someone, a teacher probably, once counseled me that one of the criteria when appraising... more
and it's a good one--alchemy. Only the best work affords the reader that experience. (There's a reason it's called the PHILOSOPHER'S stone.) Evan Connell, he of the terrific "Son of the Morning Star,"... more
Bob with regard to Virgil and Johnny. "A stranger that was standing near me says "there goes the Sheriff" He was going towards the Marshal FOLLOWED HIM RIGHT AFTER. [C ORRECT AS IN THE ORIGINAL].... more
Why would you assume Fellahy was 'trying' to hear what was said? We don't know if he was very close or not, but he seemed pretty confident about what he heard. And as Virgil was irritated enough to make... more
I understand your point but I think I did not make mine clear. I am fully aware Spicer could not incorporate the Inquest testimony into the Hearing testimony. I was trying to focus on how biased Spicer... more
Ike would have fit in well today. I'm not entirely sure where. Maybe in an all night donut shop in San Francisco. His testimony turned the page for a lot folks. It is far more impressive than Wyatt's written... more
I think you are the first person I have talked with who saw Ike's testimony as interesting and even enlightening. I thought he handled himself quite well even though the Defense lawyer seemed so frustrated... more