Grand Jury Indictment for the Killing of Frank Stilwell

Grand Jury Indictment for the Killing of Frank Stilwell
(Transcript of the Murder Indictment returned as a True Bill by the foreman of the Grand Jury John S. Carr on March 25, 1882.)

Territory of Arizona

vs

Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson

In the District Court of the First Judicial District of the Territory of Arizona in and for the County of Pima

Territory of Arizona

against

Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson

Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson are accused by the Grand Jury of the County of Pima and Territory of Arizona on their oath by this indictment of the crime of murder committed as follows: That the said Doc Holliday at the City of Tucson in the said County of Pima on or about the 20th day of March, A.D. 1882 with force and arms in and upon the body of one Frank Stilwell then and there being, then and there feloniously, wilfully, and of his malice aforethought did make an assault and the said Doc Holliday a certain gun charged with gunpowder and leaden bullets which he the said Doc Holliday in his hands then and there feloneously, wilfully, and of his malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. And the said Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson then and there feloneously, wilfully and of their malice aforethought were present standing by, aiding, abetting assisting and maintaining the said Doc Holliday the felony and murder as aforesaid set forth, in manner and form aforesaid to do and committ, and so the Jurors aforesaid upon their oath aforesaid do say that the said Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson, the said frank Stilwell then and there in manner and form aforesaid felonously, wilfully and of their mailice aforethought did Kill and Murder: Contrary to the form of Statute in such case made and provided and against the peace and dignity of the Territory of Arizona


 * Second Count

and the said Grand Jurors do further present that the said Wyatt Earp on or about the said 20th day of March A.D. 1882 at said City of Tucson in said County of Pima with force and arms in and upon the body of the said Frank Stilwell then and there being, then and there feloneously wilfully and of his malice aforethought did make an assault and the said Wyatt Earp a certain gun charged with gunpowder and leaden bullets which he the said Wyatt Earp in his hands then and there had and held, then and there feloneously, wilfully, and of malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off, giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. And said Doc Holliday, Warren Earp, Sherman McMasters and John Johnson then and there feloneously, wilfully and of their malice aforethought were present standing by, aiding abetting assisting and maintaining the said Wyatt Earp the felony and Murder as aforesaid set forth in manner and form aforesaid to do and committ. and so the Jurors aforesaid upon their oaths aforesaid do say that the said Wyatt Earp, Doc Holliday, Warren Earp, Sherman McMasters and John Johnson the said Frank Stilwell then and there in manner and form aforesaid feloneously, wilfully and of their mailice aforethought did Kill and Murder: Contrary to the form of the Statute in such case made and provided and against the peace and dignity of the Territory of Arizona.


 * Third Count

and the said Grand Jurors do further present that the said Warren Earp on or about the said 20th day of March A.D. 1882 at said City of Tucson in said County of Pima with force and arms in and upon the body of the said Frank Stilwell then and there being, then and there feloneously, wilfully and of his malice aforethought did make an assault and the said Warren Earp a certain gun charged with gunpowder and leaden bullets which he the said Warren Earp in his hands, then and there had and held, then and there feloneously, wilfully and of his malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. And the said Doc Holliday, Wyatt Earp, Sherman McMasters and John Johnson then and there feloneously, wilfully and of their malice aforethought were present, standing by, aiding, abetting assiting and maintaining the said Warren Earp the felony and murder as aforesaid set forth in manner and form aforesaid to do and committ. and so the Jurors aforesaid upon the oaths aforesaid do say that the said Warren Earp, Doc Holliday, Wyatt Earp, Sherman McMasters and John Johnson the said Frank Stilwell then and there in manner and form aforesaid feloneously, wilfully and of their malice aforethought did Kill and Murder: Contrary to the form of Statute in such case made as provided and against the peace and dignity of the Territory of Arizona.


 * Fourth Count

and the said Grand Jurors do further present that the said Sherman McMasters on or about the said 20th day of March A.D. 1882, at said City of Tucson in said County of Pima with force and arms in and upon the body of the said Frank Stilwell then and there being, then and there feloneously, wilfully and of his malice aforethought did make an assault and the said Sherman McMasters a certain gun charges with gun powder and leaden bullets which he the said Sherman McMasters in his hands then and there had held, then and there feloneously wilfully and of his malice aforethought in and upon the body of there the said Frank Stilwell did discharge and shoot off, giving to him the said Frank Stilwell then and there with said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. and the said Doc Holliday, Warren Earp, Wyatt Earp and John Johnson then and there feloneously, wilfully and of their mailice aforethought were present standing by, aiding, abetting, assisting and maintaining the said Sherman McMasters the Felony and Murder as aforesaid set forth, in manner and form aforesaid, to do and committ. And so the Jurors aforesaid do say that the said Sherman McMasters, Doc Holliday, Wyatt Earp, Warren Earp and John Johnson the said Frank Stilwell then and there in manner and form aforesaid feloneously wilfully and of their malice aforethought did Kill and Murder: Contrary to the form of the Statute in such case made and provided and against the peace and dignity of the Territory of Arizona.


 * Fifth Count

and the said Grand Jurors do further present that the said John Johnson on or about the said 20th day of march A. D. 1882 at said City of Tucson in said county of Pima with force and arms in and upon the body of said Frank Stilwell then and there being, then and there feloneously, wilfully and of his malice aforethought did make an assault, and the said John Johnson a certain gun charged with gun powder and leaden bullets which he the said John Johnson in his hands then and there had and held, then and there feloneously, wilfully, and of his malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off, giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound he the said Frank Stilwell instantly died, and the said Doc Holliday, Warren Earp, Wyatt Earp and Sherman McMasters then and there feloneously, wilfully and of their malice aforethought were present standing by, aiding, abetting, assisting, and maintaining the said John Johnson the Felony and Murder as aforesaid set forth, in manner and form aforesaid to do and committ and so the Jurors aforesaid upon their oaths aforesaid do say that said John Johnson Doc Holliday, Wyatt Earp, Warren Earp and Sherman McMasters the said Frank Stilwell then and there in manner and form aforsaid feloneously, wilfully and of their malice aforethought did Kill and Murder: Contrary to the form of the Statute in such case made and provided and against the dignity and peace of the Territory of Arizona

Hugh Farley District Attorney

of Pima County Arizona Territory