. TERRITORY OF ARIZONA ~ s . COUNTY OF ~

t-l. fl. . Smith being duly sworn deposes and says that his name is M. A. Smith and that his business is Lawyer - Mr Smith was excued by the Coroner - TERRITORY OF ARIZONA COUNTY OF COCHISE W. A. C ddy belngduly sworn deposes and say that his name is William A. Cuddy and that he res' des in Tombstone Cochioe C unty A. T. and that hi busines 1s that of The t rical M nager Statement. I was sanding at the Post Office when 11" . Dillon of the firm

o D1110n & Kinneally ~ informe me that their was some troubl e between the Earps and other men which he termed cow boys then r. Page told me that the Co\l Boys were down at Fly 's galary I wal ked down as far as Flys house and there I s w sheriff Behan and four farmer as I approached one of them Mr. Wm Clanton put his hand on his pistol as if n fear of Somebody then he recognized me he removed his hand Sheriff Behan's back was towards me! hen hear Mr . Bah n say I won t have no fighting you mus t give me your fire arms or leave town immediately ans ered they will have no trolble with us ohnny we are going to leave town now I then addre sed Mr. Behan good day Johnny and he answered good day sir I passed on t hr ugh the lots towards Allen Street crossed over a fence corner of Allen and

3d ~ wa lked qu ckly up Allen St. and got about opposite the Mexi can dance house and the shooting bega I looked towards ~ I had left the Sher fr and the party of 4 men nd I seen Ike Clanton exit through the back door of the little house next to Flys in a minute or half he passed me on Allen street and run aaross into the dance house I began calling out the sheriff is kill ed I then went back and saw the dead bodies - I did not know anyone beside the sheriff and the Clantona - One of the man had a horse there and appeared to be about mounting - They were standing against the i ttle house about 4 foot back from the sidewalk The Sheriff s id to I will have to arres you Mr . Earp replied no one could arrest me now Mr Comstock said th ir is no hurry in arresting this man he done just right in killing them and the people will uphold them and hen Wyatt Earp said you bet we did r ght we had to do it and you threw us J ohnny you told us they were disarmed - I hen left he scene of action - Mr. Behan hen denied that he said that they \'iere disarmed Behan said something in

ex lana tion and I wa.lked w y I heard Behan say that he wa s not

afraid to arrest Earp 1f he wanted to but he did not want to just

them - Ear said as soon as the excitement is over I am willing to be arrested - To my knowledge the e were but two men present beside the sheriff and the 2 Clanton boys - Their might have been more but I do not remember see ng them it was not more than 5 or less than 3 minutes before the firing cownenced. - was standing in the group wi h the arty - I eft the sheriff standing with the party the last

I saw - A the t ime I saw them Billy Clanton was not standing talking to a 5th party I passed quickl y by - Billy Clanton and one of the other

two had a cartra~e Be t on and were armed and the others I could not

see whether hey were armed or not but I think not. - Mr. Claiborn was oalled the witness says that he cannot identify him as hay ng been their some thing runs t hrough my mind as having seen him somewhere in connection with this affair -

that place is the only place ~ I seen any of the parties in connec­ tion with this affair with the exception of dead bodies Wyatt Earp and Sheriff Behan which was after the shooting - sl WILLI AM A. CUDDY