Jerry, I guess it is all in the eye of the beholder. Since multiple witnesses described Frank out on the street with his horse and no witness other than possibly Fellehey (and Wyatt and Virgil), describe Tom with Billy's horse, I think the Nugget version would make it more likely to interpret Fellehey as saying that with Frank, Doc, and Morgan on or near the north side of Fremont, then the person running "ON the opposite side of the street" would describe Tom, being shot at as he ran.
To me, in the official transcipt and the Epitaph report there is no ambiguity when he describes Morg and Doc shooting at a man behind a horse and "firing at a man who ran by him TO the opposite side of the street". In this case there is no doubt that the the man who ran by him is Frank and the man described behind the horse would have to be Tom.
So, critics might say, "What happened to Frank's horse in this scenario?". I think it might be that Fellehey's attention was concentrated on the lot where most of the firing was going on and did not notice Frank moving into the street after the first two shots until his horse had left him and he and Doc (with an assist from Morg) engaged in their duel at the end of the battle.
Regardless, the important point is, as you state, it "appears Fellehey is saying he saw two armed men". Considering he also tells of hearing Virgil say he would not attempt to disarm the cowboys but would shoot them on sight, I cannot come up wth a good reason for the prosecution not to call Fellehey other than the possibility of him disputing Tom being unarmed.
It seems that in the Nugget transcript Fellehey says that Morgan Earp fired at a man behind a horse and that Doc Holliday fired at the same man and also at a man who had run by him on the opposite sid... more
Re: Fellehey's testimony — Bob Cash,Sat Apr 24 11:30
I got this — Kenny the Worshipped,Wed Apr 21 14:12
I am sending Gaumer a copy of the entire Silva article (diagrams, photos, documents, etc.) and will have Gaumer converted to my side at the end of the week.
Then the "Grand Master Vail" is coming a... more
I believe Tom Gaumer is too independent and confident in his own conclusions to be moved to conversion by only one article no matter how excellent. Uh, you're not thinking of sending him some chocolat... more