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The situation was reported by newspapers in Arizona and generally
paint Boyett as justified in his actions. The “Tuscon Citizen” on July 7,
1900, reported the incident under the large headline “ENDS IN DEATH
A Long Standing Trouble Between Willcox Men Is Settled WARREN EARP
SHOT BY JOHN BOYETT The Shooting Grew Out of the Quarrelsome
Attitude of Earp Who Bullied Boyett- Earp Never Spoke After the Fatal
Shot Was Fired.” It indicated that the two men had quarreled for years and
that “Earp had a disagreeable habit when under the influence of liquor of
running Boyett all over town” even though Boyett reportedly had tried to avoid
trouble. Not long before the shooting, Earp had put a six-shooter to Boyett’s stomach and promised him that if they “ever had another quarrel a killing would result.” That is exactly what happened on July 6, 1900. Earp was drunk in the restaurant in Brown’s saloon and was heaping verbal abuse on Boyett. “Bystanders say that they never heard any man take such abuse.” Earp then reportedly said, “Boyett, get your gun and we will settle this thing right here. I’ve got my gun, you go and get yours.” Boyett left and went to the hotel and “secured two 45 caliber Colts and returned to the saloon” and walked into the middle of the room. When Earp came in through the door of the restaurant, Boyett fired and missed causing the other patrons to flee and Brown to hide behind the bar. Boyett fired another two shots which again missed and struck the floor. Earp went out the door and then returned through another. Boyett told Earp not to come near
him. Earp continued to approach but opened his coat stating, “Boyett, I’m unarmed: you’ve all the best of this.” He continued to approach. As he got within eight to ten feet of Boyett, the latter fired another shot straight into Earp’s chest killing him instantly.
Earp crumbled to the floor with a pocket knife in his hand. Per an article quoted in the document file for the revolver from the Arizona Range News on July 11, 1900, Deputy Sheriff Page, George McKittrick, and Jim Hardin are listed as arriving on the scene shortly there after and McKittrick placed Boyett under arrest. The Arizona Daily Star’s account
on July 8th indicates “Boyett was arrested and placed under guard to await transfer
to Tombstone. Reports are unfavorable to Earp who, it is said, had hounded Boyett at every opportunity.” On July 15th, “The Tombstone Epitaph” reported that Boyett was exonerated by the coroner’s jury, noting that Earp had instigated the hostilities, claimed to be unarmed while advancing on Boyett with a knife, and that Boyett had repeatedly warned Earp to stop. Other papers reported similar outcomes for Boyett, but he soon sold his ranch and moved back to Texas where he worked as a miner and lived quietly, perhaps fearing Wyatt Earp might come for retaliation some day.
Lawman Charley Hood and Burt Glover arrested train robber Billy Stiles at Casa Grande at the end of June 1900 (also mentioned in the affidavit) and took him to the jail in Tuscon for safe keeping to prevent him from being broken out of the jail in Tombstone by his friends. Hood then returned to Tombstone at the beginning of July and thus may have been in town when Boyett was brought before the court and then released. The identity of “Loos Horan” is unclear, but they do not appear to have actually been involved in the
death of Warren Earp. The only references to anyone by the surname “Horan” in Arizona newspapers we have access to from the summer 1900 was Nettie Horan who had a letter waiting her at the post office in Yuma and a Billy Horan who
was a baseball player.
According to the “Encyclopedia of Frontier Biography” by Dan L. Thrapp, Virgil Earp rushed to Willcox after his brother’s death to investigate, “becoming convinced that the actual killer, John Boyett, was but the agent of the true assassin, unnamed, whom Earp later killed in northern Sonora.” Thrapp indicates that Virgil and Wyatt Earp sought out two men they believed were actually responsible. Wyatt Earp killed Pete Spencer who was also one of the men previously suspected in the murder of Morgan Earp, and Virgil Earp killed another unnamed man he believed to be responsible and wrote, “Warren may rest in peace,” in his journal along with, “His assassin is just resting permanently.” CONDITION: Fine “frontier used” appearance overall with 20% original blue finish, original case colors in the protected areas of the frame and on the hammer, and otherwise attractive smooth gray and brown patina, some faint surface pitting, mild holster wear, and general mild wear appropriate for a revolver used in the Arizona Territory at the turn of the century. The replacement grips are very good and have distinct checkering with a few spots of wear, attractive aged tones, and generally minor overall wear. Mechanically fine. This is a very attractive example of a late 19th century Colt Single Action Army revolver documented as passed down from one lawman to another and possibly first owned by the cowboy that shot Warren Earp.
Estimate: 10,000 - 20,000
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