Casey Tefertiller
Let's try again
Mon Nov 21, 8:51


Joyce,

Let me try again.

The purpose for attorneys on both sides was to win the case. That was their sole purpose. They were not trying to create a historical record because they anticipated that we would someday discover the internet and have continuing debates.

The issue of the preliminary hearing was whether the Earps and Holliday shot down surrendering men with their arms in the air. This was the whole point.

It is critical to remember that this was a preliminary hearing. That means that if further evidence was discovered, the Earps could be again taken to another hearing, or the evidence could be presented to the Grand Jury. For example, if Fellehy were to later testify that he had been threatened by the Earps, that would probably be grounds for a new hearing. In fact, Clanton and his attorneys attempted that with the Contention hearing, which was really an end run around the judicial system.

Here is another point. If it could be shown that Sills was either a plant or was lying, that would be cause to re-open the case.

It is important to remember that folks at the time knew things we cannot know. For example, We can wonder why Fellehy or other witnesses were not called. Harry Woods and Richard Rule were on the scene. They could walk over the Ben Goodrich and ask him why they were not called. If Goodrich were to say, “He didn’t pan out,” then that was not a story worth reporting about a witness not worth calling.

What happened, in brief, is that several shady witnesses testified to support the rustlers. You have career criminal Billy Allen, dubious drunk Wesley Fuller, Claiborne and Ike as the key witnesses. Then you have the well-respected Behan to lock it up. That is why the Williams testimony is so critical — he said that Behan was lying.

During the prosecution case, evidence seemed to indicate guilt, and Wyatt Earp and Doc Holliday were sent to Behan’s jail. This indicates that the prosecution did quite a good job of presenting its case.

Things started to fall apart at the end. Under cross examination, Ike claimed that the Earps had confided their deepest secrets to him, which would have made Wyatt the dumbest man in A.T. The defense then put on its case, and the prosecution’s version fell apart. Sills and Borland were critical. Williams was devastating.

Goodrich & Co. did a masterful job. They were saddled with un-credible clients.

You mention Wesley Fuller. Fitch brought his testimony into question by insinuating that Fuller had not actually seen the fight because he was dallying with a prostitute. If that were not true, all the prosecution attorneys would have had to do is call Mattie Webb to the stand to disagree. Mattie was not called.

Your whole argument is that the attorneys were such a bunch of flub-ups that they bungled the case. When you examine the glowing credentials of Goodrich and his team, that seems pretty durned unlikely.

  • Casey/ a little more about...Joyce A. Aros, Sun Nov 20 6:48
    ...the 'dream team,' on both sides. I am really concerned about the willingness to accept the outstanding credentials of these men and yet I see what I consider very poor performance. I suspicion their... more
    • Let's try again — Casey Tefertiller, Mon Nov 21 8:51
      • Casey/ trying again...Joyce A. Aros, Tue Nov 22 7:29
        Casey, Thank you for the crash course as there is always much to learn when it comes to complications of the Law at any time in history, and more so now. And in all fairness, one has to recognize that... more
        • Re: Casey/ trying again...Casey Tefertiller, Wed Nov 23 10:34
          Joyce, Before I can respond, I need to ask a couple of questions. First, why do you believe Billy Clanton was still sitting on his horse? I would have expected he would have dismounted, but that... more
          • To continue,,,,,Joyce A. Aros, Wed Nov 23 15:58
            ...I think you are being a little unfair in assuming Ike was 'shooting off his mouth' to anyone he could. Actually, other than the episode in the courtroom after Virgil arrested him, no one who witnessed... more
          • Casey/ Thank you for your kindness....Joyce A. Aros, Wed Nov 23 13:44
            ...regarding the Holliday time. People my age find that most of their family are spread all over the country and time and distance make a difference in gathering together. No one comes to grandma's house... more