Wells Spicer,
Decision of Judge Wells Spicer after the Preliminary Hearing in the Earp-Holliday Case
(1881)
“ Considering all the testimony together, I am of the opinion that the weight of evidence sustains and corroborates the testimony of Wyatt and Virgil Earp, that their demand for a surrender was met by William Clanton and Frank McLaury drawing or making motions to draw, their pistols. Upon this hypothesis my duty is clear. The defendants were officers charged with the duty of arresting and disarming brave and determined men who were experts in the use of firearms, as quick as thought and certain as death, and who had previously declared their intentions not to be arrested or disarmed. ”
