Morgan Earp - Murderers Not Convicted

Murderers Not Convicted

While Wyatt and James were traveling to Contention with Morgan's body, Coroner Dr. D. M. Mathew held an inquest into Morgan's death. Pete Spence's wife, Marietta Duarte, testified that her husband Pete, Frank Stilwell, "Indian Charlie" Cruz, Frederick Bode, and a half-breed named Fries turned up at her home an hour after the shooting. The men bragged about shooting Morgan and her husband had threatened her with violence if she told what she knew. Witnesses said they saw Frank Stilwell running from the scene.

The coroner's jury concluded that Spence, Stilwell, Frederick Bode, and Florentino "Indian Charlie" Cruz were the prime suspects in Morgan Earp's death. Spence immediately turned himself in so that he would be protected in Behan's jail. When the prosecution called Marietta Duarte to testify at the preliminary hearing, the defense objected because her testimony was hearsay and because a spouse could not testify against her husband. The judge agreed and the charges were dismissed.

Wyatt Earp felt he could not rely on the court system and decided to take matters into his own hands. He concluded that only way to deal with Virgil's shooters and Morgan's murderers was to find and kill the Cowboys they felt responsible.

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