Wes is a hard one to understand, some of his testimony being close to nonsensical. He admits he had been drinking heavily during the two previous days, but says he had not drunk a thing by 2PM on the 26th. He says he was rushing to warn Billy, but stopped to chat with a prostitute on the way.
Although his actions after he got out on the street were commented on by a number of witnesses to the shootout, no one else refers to Frank to trying access the rifle on his horse. This does raise the question of whether Wes did see a McLaury-Tom- try to get the rifle and in his confused state thought it was, or remembered it was Frank? Or did he see Tom trying to get the rifle, and knowing it would help the Earp's case, purposely identify Frank as the actor? I am aware of an instance in which I believe Wes testified absolutely truthfully as to what he saw, however, he placed the event earlier in the fight than than it actually happened in order to enhance the possibility of a guilty verdict. Here's earlier post on that matter:
There seem to be a few contradictions between the ...
Sun Aug 09, 8:18
testimonies of Wes Fuller and Judge Lucas. Did Billy fire only after he sustained a wound that made him wheel or partly turn around and begin to slide down the Harwood house wall or did he sustain that wound after more than eight shots had been fired, including some by him as he stood by the wall?
Wes Fuller’s testimony from the NUGGET transcript:
“I think the first two shots were aimed at Billy Clanton; I saw he was hit; he threw his hands down on his belly; and PARTLY TURNED AROUND (“AND WHEELED AROUND” according to HAYHURST/TURNER paraphrase of testimony and to the EPITAPH transcript)....Q. Did you see Billy Clanton when he first drew his weapon? A. I did, it was a pistol.
Q. In what position was his body at the time he first drew his pistol?
A. he was in a crouched, stooping position, leaning against the house, and while so drew his pistol with his left hand; his body was out from the corner so I could see him. “
Judge J. H. Lucas testimony from the EPITAPH transcript:
“I was sitting in my office and heard a couple of reports from guns or pistols. I hesitated a moment and heard a couple more reports. I then started for the upper hall door; whilst going I heard four or five or perhaps more reports. When I got to the door I cast my eyes up and down the street. I saw a man I supposed to have been Billy Clanton standing in front of a little house just below fly’s building. He had his pistol up, and I thought was firing. For fear of a stray ball I drew my head in for an instant. I looked again, and still saw him standing there with his pistol and as I thought fighting. I drew my head in again. I looked again and still saw him with his pistol. I continued to look at him for a moment and saw no one else at that time that I thought was in the fight or had weapons. Just then I saw from his movement that he was wounded. His body seemed to bend a little, his pistol went up above his head as he seemed to be in the act of falling. In struggling to prevent himself from falling. I think he caught with his hand on the window or wall, PARTLY TURNING AROUND ( “AND TURNED PARTLY AROUND” in NUGGET transcript and “PARTLY TURNED AROUND” in the Turner transcript). He continued to struggle until he got clean down on the ground. I think his pistol was discharged twice from the time I thought he was hit until he was down on the ground. About the time he got on the ground the firing ceased.”
After actually starting to read Steve Gatto's page, it did appear to be familiar, especially those brown lines that run thru the testimony. I probably forgot about it because it wasn't complete. Also... more
Trying to make sense of Fuller's testimony is a real mission impossible. Going by what's in Turner "He tells of the space between Fly's and other building, and says he saw Tom McLaury there" it sounds... more
Thanks, Bob ... I'm getting the hang of this malarkey ... loathe as I am to mount [from whatever side] this eternal merry-go-round, certain things drive me to it ... resorting to mild character assas... more