November 10, 1881
On this tenth day of November, 1881, on the hearing of the above entitled cause, on the examination of Wyatt Earp and J. H. Holliday; A. Bauer, a witness of lawful age, being sworn, deposes and says as follows:
My name is A. Bauer. I reside in Tombstone. I am engaged in the butcher business. I was in Tombstone on the 26th of October, 1881. I saw the difficulty on that day between one of the Earp brothers and Tom McLaury. [Here witness points to Wyatt Earp and says, "That gentleman looks like him."] The difficulty occurred on Fourth Street, between Judge Wallace's Court and Allen Street. I crossed Allen Street, to go to Judge Wallace's Court; Mr. Earp walked ahead of me three or four steps. I was in company with Billy Hines, the cattleman. Me and Mr. Hines both saw Tom McLaury coming from Wallace's Court, and both Mr. Earp and McLaury walked pretty near solid together, face to face. Mr. Hines and I stopped and looked at Mr. Earp and Tom McLaury. They both said something, one to another, which I did not understand. The moment I was willing to pass them both, to go to Wallace's Court, Mr. Earp raised his left hand or fist like, and run it into Tom McLaury's face. Tom McLaury had both hands in his pants pockets. Mr. Earp said, "Are you heeled or not?" Tom McLaury answered, "No, I am not heeled. I have got nothing to do with anybody." Tom McLaury took his hands out of his pockets to ward off the striking. Tom McLaury backed off from Mr. Earp toward the street, from the sidewalk, Mr. Earp followed him, pulling a pistol with his right hand out of his coat picket and knocked him with the pistol on his shoulder and head. McLaury fell in about the middle of the street. He fell on his right side and raised his left hand and held it to his left ear. When I looked around a little and I saw an old gentleman have hold of Tom McLaury, leading him along Fourth Street, crossing Allen and going towards Fremont Street. Mr. Earp struck Tom McLaury two or three or maybe four blows with his pistol. When Mr. Earp left Tom McLaury lying down, he said, "I could kill the son-of-a-bitch!" When Tom McLaury was struck, he opened his eyes awful large. He was dizzy and trembled.
CROSS EXAMINATION
To queries: Wyatt Earp had on a short coat; did not have an overcoat on; it [his pistol] seemed to me an old pistol, pretty large, 14 or 16 inches long, it seemed to me.
(Q) Where is your butcher shop?
(A) I work in a butcher shop on Fremont Street. I have got no butcher shop myself. That is the only shop I work in. I have known Tom McLaury since the 11th day of October of this year.
(Q) Has your brother of the firm for which you work, been buying cattle of Tom McLaury, or dealing with him prior to this 26th of October? [Objected to. Overruled.]
(A) Yes sir.
(Q) Have you ever been in the butcher business?
(A) Yes sir. I sold out on the third day of March, 1881, to Jacob Everhardy. [States that he has been in the employ of his brother and the latter's partner since September 27th. Prior to that, and since he sold out, he was "driving my team, hauling adobes and sand and helping the masons around the buildings."]
(Q) During the time you were in the butcher business, and before you sold out, did you have any dealings with Tom McLaury or Frank McLaury, or Isaac or William or Phinn Clanton?
[Prosecution objects Phineas Clanton's name being used in the question asked. Objection sustained on the ground that up to the present time, the name of Phineas Clanton has not been mentioned and he is not shown to have been connected with any part of the difficulty, either directly or indirectly. ]
(A) I had no dealing with any of them as long as I was in the butcher business.
(Q) Do you know where Tom McLaury went after you saw him with the old gentleman going along Fourth Street, after the time of his difficulty with Wyatt Earp?
(A) I don't know where he went.
(Q) Did you see him afterwards?
(A) Yes sir, in the Capitol Saloon, Fremont and Fourth Streets, about 1 or 2 o'clock. Before his difficulty he was walking from Wallace's Court towards Allen Street. Wyatt Earp was walking toward Wallace's Court from Allen Street.
[Signed] A. Bauer