John Behan

John Behan

John Behan was born in Westport, Missouri, on 25th October, 1845. As a young man he travelled to California. He worked as a freighter at Fort Lowell, a miner at Cerro Colorado, and a bull whacker at Prescott.

In 1866 Behan became under sheriff to John Bourke of Yavapai County where he gained a reputation as a brave and honest lawman. He also served as sheriff in Yavapai County (1871-72). A member of the Democratic Party, Behan became a member of the state assembly in 1873.

In 1880 Behan became sheriff of Cochise County. Soon afterwards Virgil Earp became city marshal of Tombstone. In this role he recruited Wyatt Earp and Morgan Earp as "special deputy policemen". In 1880 the Earp family came into conflict with two families, the Clantons and the McLaurys. Ike Clanton, Phineas Clanton, Billy Clanton, Tom McLaury and Frank McLaury sold livestock to Tombstone. Virgil Earp brothers believed that some of these animals had been stolen from farmers in Mexico. Wyatt Earp was also convinced that the Clanton brothers had stolen one of his horses.

Wyatt Earp also came into conflict with Behan. At first this started as a quarrel over a woman, Josephine Sarah Marcus. She had lived with Behan before becoming Earp's third wife. Earp also wanted Behan's job and planned to run against him in the next election. The two men also clashed over the decision by Behan to arrest Doc Holliday on suspicion of killing a stage driver during an attempted hold-up outside of town. Holliday protested his innocence and he was eventually released. In September 1881, Virgil Earp retaliated by arresting one of Behan's deputies, Frank Stilwell, for holding up a stagecoach.

On 25th October, Ike Clanton and Tom McLaury arrived in Tombstone. Later that day Doc Holliday got into a fight with Ike Clanton in the Alhambra Saloon. Holliday wanted a gunfight with Clanton, but he declined the offer and walked off.

The following day Ike Clanton and Tom McLaury were arrested by Virgil Earp and charged with carrying firearms within the city limits. After they were disarmed and released, the two men joined Billy Clanton and Frank McLaury, who had just arrived in town. The men gathered at a place called the OK Corral in Fremont Street.

Virgil Earp now decided to disarm Billy Clanton and Frank McLaury recruited Wyatt Earp, Morgan Earp, James Earp and Doc Holliday to help him in this dangerous task. Behan was in town and when he heard what was happening he raced to Fremont Street and urged Billy Clanton and Frank McLaury to hand over their guns to him. They replied "Not unless you first disarm the Earps".

Behan now headed towards the advancing group of men. He pleaded for Virgil Earp not to get involved in a shoot-out but he was brushed aside as the four men carried on walking towards the OK Corral. Virgil Earp said: "I want your guns". Billy Clanton responded by firing at Wyatt Earp. He missed and Morgan Earp successfully fired two bullets at Billy Clanton and he fell back against a wall. Meanwhile Wyatt Earp fired at Frank McLaury. The bullet hit him in the stomach and he fell to the ground.

Ike Clanton and Tom McLaury were both unarmed and tried to run away. Clanton was successful but Doc Holliday shot McLaury in the back. Billy Clanton and Frank McLaury, although seriously wounded, continued to fire their guns and in the next couple of seconds Virgil Earp, Morgan Earp and Doc Holliday were all wounded. Wyatt Earp was unscathed and he managed to finish off Billy Clanton and Frank McLaury.

Behan arrested Virgil Earp, Wyatt Earp, Morgan Earp and Doc Holliday for murder of Billy Clanton, Tom McLaury and Frank McLaury. However, after a 30 day trial Judge Wells Spicer, who was related to the Earps, decided that the defendants had been justified in their actions.

In 1888 Behan became superintendent of the Territorial State Prison at Yuma. Later he was a U.S. agent at El Paso where he attempted to control smuggling in the area. Behan was also employed as a government special agent in China during the Boxer Rebellion.

John Behan died in Tucson on 7th June, 1912.

© , September 1997 - April 2014

Primary Sources

(1) John Gosper, U.S. Secretary of State (September, 1881)

The cowboy element at times very fully predominates, and the officers of the law are either unable or unwilling to control this class of outlaws, sometimes being governed by fear, at other times by a hope of reward. At Tombstone, the county seat of Cochise County, I conferred with the Sheriff upon the subject of breaking up these bands of outlaws, and I am sorry to say he gave me but little hope of being able in his department to cope with the power of the cowboys. He represented to me that the Deputy U.S. Marshal, resident of Tombstone, and the city Marshal for the same, seemed unwilling to heartily cooperate with him in capturing and bringing to justice these outlaws.

In conversation with the Deputy US Marshal, Mr. Earp, I found precisely the same spirit of complaint existing against Mr. Behan (the Sheriff) and his deputies. Many of the very best law-abiding and peace-loving citizens have no confidence in the willingness of the civil officers to pursue and bring to justice that element of outlawry so largely disturbing the sense of security, and so often committing highway robbery and smaller thefts. The opinion in Tombstone and elsewhere in that part of the Territory is quite prevalent that the civil officers are quite largely in league with the leaders of this disturbing and dangerous element.

Something must be done, and that right early, or very grave results will follow. If is an open disgrace to American liberty and the peace and security of her citizens, that such a slate of affairs should exist.

(2) Paul Trachtman, The Gunfighters (1974)

On a blustery day toward the end of October, 1881, the town of Tombstone, Arizona, witnessed the most notorious shoot-out in the history of the West. In a vacant lot at the rear of the O.K. Corral, City Marshal Virgil Earp and his brothers Wyatt and Morgan, joined by a gambler friend, Doc Holliday, exchanged gunfire with four local cowboys, the Clanton and McLaury brothers. "Three Men Hurled into Eternity in the Duration of a Moment," blared the headline over the first report of the affair in The Tombstone Epitaph. The duration, in fact, was slightly more than half a minute, although a deadly staccato of vengeful gunfire echoed for months afterward.

The clash was not unique. Possession of firearms was far more commonplace on the frontier than back East, and newspapers across the West carried accounts of gunfights of every variety - saloon brawls, outlaw raids, vigilante wars and even an occasional face-off in the style of European duels. But the shoot-out at the O.K. Corral was better documented than most, and its fame as a classic confrontation of gunfighters was well deserved, for it embodied some basic frontier animosities - lawman against outlaw, cardsharp against cowboy, citified carpetbagger against weather-beaten settler.

Yet these divisions were far from clear-cut, as the shoot-out also made plain. Though some Western gunfight participants represented the law, the line between bad men and good was, at best, blurred. The facing foes usually had more in common than they cared to admit. Most were men of bristling spirit and minimal compassion or scruple. When they had scores to settle, it hardly mattered which side of the law they were on; their law was the gun.

(3) Editor of the Tombstone Nugget (October, 1881)

We live mostly in canvas houses up here and when lunatics like those who fired so promiscuously the other night are on the rampage, it ain't safe, anyhow!

(4) Judge Wells Spicer, statement at the trial of Wyatt Earp, Morgan Earp, James Earp and Doc Holliday (1881)

When we consider the condition of affairs incidental to a frontier country, the lawlessness and disregard for human life; the existence of a law-defying element in our midst; the fear and feeling of insecurity that has existed; the supposed prevalence of bad, desperate and reckless men who have been a terror to the country, and kept away capital and enterprise, and considering the many threats that have been made against the Earps. I can attach no criminality to his unwise act.