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their vests. The recorder’s pen scratched over foolscap.
    “What did you observe when you came upon the Clantons and McLaurys in the vacant lot next to Fly’s photograph gallery?” asked Matthews.
    Behan wet his lips and slid his palms up and down his thighs and addressed the portrait of George Washington.
    “When I went down to disarm them, I put my hands around Ike Clanton and found he had no arms. He showed me that he had nothing on him. Ike Clanton said that they were just getting ready to go out of town. Frank McLaury and Billy Clanton were armed. Frank McLaury had his horse, holding him down there. I think Billy Clanton had his horse with him. I am not positive.”
    “Who started shooting?”
    “I cannot say who fired the first shot. It appeared to me that it was fired from a nickel-plated pistol. There was two shots very close together. I know that the nickel-plated pistol was on the side of the Earps. I won’t say which one of the Earp crowd fired it.”
    “Did any of the Clanton and McLaury party draw their weapons when the order was given to throw up their hands?”
    “The only thing I saw was Tom McLaury throwing open his coat, taking hold of the lapels of his coat and holding it back.” He demonstrated, uncovering the sheriff’s star pinned to his vest.
    “Did you see a shotgun?”
    “There was a shotgun in the Earp party. Holliday had it. He was putting it under his coat, so as to get it more effectively concealed. That was when they were coming down the street.”
    “Did you see it fired?”
    “I cannot say that I saw the shotgun go off. There was a scramble. I don’t know whether the shotgun was fired or not. I think it was; I did not see it.”
    “Did you see the deceased fall?”
    “I saw Billy Clanton fall first and then I saw Frank McLaury fall, on the north side of Fremont Street, almost exactly opposite Fly’s place, after the fight commenced.”
    “Did you see Tom McLaury fall?”
    “No, I did not see him until the fight was over. Then I saw him on the ground.”
    “You are satisfied that he was unarmed?”
    “I am satisfied that two of the parties were not armed—I mean Ike Clanton and Tom McLaury.”
    “State again your reasons for attempting to disarm the party.”
    “When I went to disarm them I understood that there was likely to be a row between the Earp brothers and Holliday and the Clanton crowd.”
    “Did they refuse to give up their arms?”
    “No one refused except Frank McLaury. He said that he came on business and did not want any row. He never refused to go to my office.”
    “When you met the Earp party before the fight, did you tell them that you had disarmed the other party?”
    “I did not. I did tell them that there would be trouble if they went down. I told them I did not want any trouble, and would not allow it if I could help it, and not to go down.”
    “Did Frank McLaury have his pistol drawn when Marshal Earp told him to throw up his hands?”
    “He did not.”
    “Did you consider the Clantons and McLaurys under arrest at the time?”
    Behan touched the knot of his bow tie. “At the time I left the McLaurys and Clantons and met the Earps, I considered the Clanton party under arrest, but I doubt whether they considered themselves under arrest or not.”
    A sound came from among the jury that might have been another cough. Matthews winked irritably and shot the men in the box a withering look. Then he folded his hands under his chin. His fingers still smelled of methyl alcohol.
    “I ask you to remember if anything was said to you by either party before the fight that would indicate the Earp party was not acting in an official capacity when they went to meet the Clantons and McLaurys.”
    “Nothing was said to me to make me believe they were acting in an official capacity. After the fight was over, Wyatt Earp said, ‘We went there to disarm that party.’ I think I heard Virgil say the same thing. The horses were saddled, but Frank McLaury and