JUSTICE OF THE PEACE WELLS W. SPICER 1912 2012 Celebrating The Wyatt Earp , Centennial . D E V R E S E R Doc Holliday Doc Holliday S T H G I R L L A , Y T E I C O S the L A C I R O T S I H E T A T S Tombstone H Tombstone A T U , N O I S S I M R E P Y B Judge Judge D BY HON. GERALD A. WILLIAMS E S U n October 26, 1881, Wyatt, In 1856, he was elected a county judge. On January 3, 1880, Wells Spicer was Morgan and Virgil Earp and Doc Holliday He continued to seek both fame and for - published in the Arizona Daily Star for one met Ike Clanton, Billy Clanton, Frank tune and ended up heading west to Utah. of the first times. 10 On February 29, 1880, his McLaury and Tom McLaury on Fremont While there, he was appointed a U.S. column described Tombstone as “a popula - Street in Tombstone, Arizona. After 30 sec - Commissioner, a position somewhat similar tion of 1,500 people, with two dance houses, onds of gunfire, in an area as small as most to a modern federal magistrate judge. 4 He a dozen gambling places, over twenty saloons modern family rooms, three men were also specialized in mining law. 5 and more than 500 gamblers. Still there is killed and three were wounded. Wyatt Earp On September 7, 1857 (and while Spicer hope; for I know of two Bibles in town, and I was the only person not shot. was still in Iowa), 140 Arkansas and have one of them (borrowed).” 11 It was also a This well-know gunfight has become the Missouri emigrants were massacred at place where it was common to find individu - source of legends. It is known as the Mountain Meadows, Utah. 6 From 1875 to als with more than one occupation, like a Gunfight at the O.K. Corral, even though 1876, Wells Spicer continued seeking out gambler who was also a lawman, a judge who the actual O.K. Corral was about half a mining claims and defended John Doyle was also a prospector and a well-known gun - block away. However, in all fairness to Lee, who was accused of murder in connec - slinger who was also a dentist. 12 Hollywood, there would likely be limited tion with those events. 7 He was eventually Adding to the chaos in Tombstone was a demand for a movie called “The Gunfight found guilty at a trial in Beaver, Utah, and sort of gang or criminal enterprise known as Across the Street from Addie Borland’s was executed on March 23, 1877. 8 the Cowboys. They were notorious for Dressmaking Shop.” When news of a silver strike in rustling cattle from Mexico and were loosely A key player in this historical drama was Tombstone was reported in the summer of allied with a land speculator named James not a gunfighter. Instead, he was a lawyer and 1878, Spicer decided it was appropriate to Clark, who apparently was able to obtain var - a justice of the peace. His story will never head south. ious land titles even though others already become a movie, but it is just as critical. occupied those lots. 13 Attempts to collect rent Tombstone Develops from people who believed they already owned Lawyer Wells Spicer In 1878, U.S. Army soldiers at Camp their houses were met with predictable resist - Wells W. Spicer apparently studied law in Huachuca told prospector Ed Schieffelin that ance. Tipton, Iowa, under William H. Tuthill, if he went into a nearby wilderness, the only A state of general lawlessness increased who was also a merchant, a judge and a thing he would find was his tombstone. after the Mexican government sent soldiers in newspaper owner. 1 In 1853, Spicer was Ignoring the soldiers, he went into the desert response to the cattle raids, because it forced admitted to the Iowa bar. 2 He eventually area, which was still inhabited by Chiricahua the Cowboys to shift all of their activity to be became a sole owner of a newspaper and Apaches, and eventually found what would within Arizona. 14 They were led by Curly Bill proclaimed its editorial policy as being, become the largest silver strike in Arizona Brocius. Other significant Cowboys included “Independent In All Things—Neutral In history. 9 He named the area “Tombstone.” Ike Clanton and gunfighter Johnny Ringo. Nothing.” 3 After losing an election in 1854 Within three years, it grew to a population of Frank and Tom McLaury acted as middlemen as a Democrat seeking the position of coun - between 10,000 to 12,000 people. between the Cowboys and local merchants. 15 ty prosecuting attorney, he became a dele - Tombstone, and to some extent its judicial In 1880, Pima County included gate to the Iowa Republican Convention. system, made itself up as it went along. Tombstone and all of the area that is current - 12 ARIZONA ATTORNEY OCTOBER 2012 www.azbar.org/AZAttorney JUDGE GERALD A. WILLIAMS is the Justice of the Peace for the North Valley Justice Court in Maricopa County. He serves as a faculty member for the Judicial College of Arizona. Prior to becoming a judge, he was the Staff Attorney for the Arizona Commission on Judicial Conduct. ly Cochise County. In that year’s election for and quickly became influential in the busi - Murder Charges Are Filed, A sheriff, Republican Robert Paul ran against ness community. In December 1875, Hearing Is Held Democrat Charlie Shibell. Wyatt Earp sup - President Ulysses S. Grant nominated After an inconclusive coroner’s verdict, 25 Ike ported Paul. Democrat John Behan, who Spicer’s friend as both the Chief Justice of Clanton filed murder charges against Wyatt, had represented Yavapai County in the Arizona and U.S. Court Commissioner. 23 Morgan and Virgil Earp and Doc Holliday. Legislature, supported Shibell. The election This friend, Charles G. W. French, who Morgan and Virgil Earp were not served was extremely close, and the San Simon vot - had served in the California Legislature, with the criminal charges because they ing precinct would prove to be critical. appointed Spicer the justice of the peace of were still recovering from gunshot The San Simon polling place was moved the First District Court of the Territory of wounds. Judge Spicer initially because it was unclear whether its first loca - Arizona. However, unlike a modern denied bail for Wyatt Earp and tion was in Arizona or in Mexico. 16 Ike Arizona justice of the peace, Spicer also had for Doc Holliday, but then Clanton and Johnny Ringo served as elec - some federal criminal authority and could set it at $10,000 tion officials for this precinct. 17 Although even hear cases involving violations of inter - each. 26 They had there were no more than 12 registered vot - nal revenue and customs laws. 24 no trouble ers in that precinct, 104 votes were cast— In his position, Spicer could not conduct raising 103 of those for Shibell. 18 Perhaps not sur - a trial in a murder case. But in the case that prisingly, the election was challenged. 19 would establish his name in history, he could When it became known that Cochise certainly hold a preliminary hearing on County was going to be created, both a murder charge. His jurisdiction Republican Wyatt Earp and Democrat John was also perhaps clear because, Behan sought the appointment as sheriff. 20 in addition to being the Wyatt Earp was well known and had served Chief of Police, Virgil as a Pima County Deputy Sheriff from July Earp was also a 27, 1880, until November 9, 1880. 21 deputy U.S. However, in 1881, Behan became the first Marshal. Cochise County Sheriff. As if this was not enough for a conflict, Wyatt Earp essentially stole John Behan’s girlfriend, Josephine Sarah Marcus. Spicer Becomes a Judge Wells Spicer was admitted to the Arizona bar in 1880 and announced the opening of his law practice with an advertisement in the Arizona Daily Star on March 10 of that year. 22 He stuck with the Republican Party O C T O B E R 2 0 1 2 A R I Z O N A AT T O R N E Y 13 Justice of the Peace Wells W. Spicer 1912 2012 Celebrating The Centennial Charles Shibell Frank McLaury Tom McLaury Billy Clanton Ike Clanton bail money, and Wyatt Earp had ongoing jurisdiction to even contributed funds for Doc determine bail and revoked Holliday’s release. 27 The largest it. 35 Thus, Sheriff Behan took contribution came from Tom Anyone who had been in Wyatt Earp and Doc Holliday Fitch, who would become to his jail. However, the pros - Wyatt Earp’s criminal defense ecution’s case had essentially attorney. 28 the middle of events that turned into one of first-degree Tom Fitch was well aware of murder or nothing. 36 There Judge Spicer’s involvement in led to the death of seemed little chance of a less - the Mountain Meadows trials er-included offense being and believed that he knew how involved. to try a case before him. 29 Fitch friends and family would Another problem for the had served as counsel to prosecution was the lack of a Brigham Young and had han - have a motive to bend clear theory. Unlike most dled all litigation on behalf of cases, where a fact finder must the LDS church. His unique determine what happened, in background also included serv - the truth.