...Placement of their weapons took place while the Earp group was gathered in the intersection of Fourth and Allen streets. Fuller describes himself as "...standing on the corner of Fourth and Allen streets, I mean not far from them, about ten or twelve feet..."

Before cross-examination he said, "...he saw the Earp party, armed, at Fourth and Allen and that he was on his way down to warn Billy Clanton to get out of town..."

So his first observation of the Earps being fully armed and their weapons concealed or contained, was at that location. He headed down Allen toward the direction of the O.K. corral which could be approached from Allen or Fremont.

When he tried to approach the ranchers on the lot from the end that he accessed from Allen street, the first shots were already firing. He says he stayed in the alley but moved around during the shooting, as bullets were flying everywhere.

He did not see the Earp group approach with weapons in hand though he claims "...he thinks Morgan Earp and Doc Holliday fired the first two shots, but can't tell which fired first..."

This is possible as his concern was mainly for young Clanton and he may have seen some of the action, but he is not positive enough to rely on it.

It is noteworthy, without going into too much detail, that Spicer himself acknowledged that the Earps fired first, which convinces one that they had their guns in hand by the time they arrived on the scene. What sane law officer would approach armed men without having weapons at the ready? Fast draw artists are a thing of Hollywood. Bullet wounds were painful, often deadly, and few wished to sustain them if at all avoidable.

Spicer's words in his summation: "...They (the Earp group) saw at once the dire necessity of giving the FIRST shots, to save themselves from certain death!..."

Wyatt and Holliday, at least, definitely approached with guns in hand because they each prodded a rancher in the gut with their pistols. So why the need to shoot first, as the ranchers did not have guns out or they would have shot first to protect themselves? So the judge tripped himself up and admitted the Earps fired first!

It is worth noting that the Sheriff of Cochise County claimed he had no reason to believe the Earp group approached as a legitimate posse, as nothing was said to him to describe it as anything but personal. Remember, when Behan tried to stop them, they refused to acknowledge him or answer him. That was unprofessional.

There was not the need to shoot first! Only the Will!