| THIS IS A TRANSCRIPT OF THE GUNFIGHT BETWEEN IKE CLANTON AND PABLO ROMERO. THE SALOON BELONGED TO CHARLIE KINNEAR, BUT WAS RUN BY HIS BROTHER-IN-LAW SENON CASTILLO. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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IN THE JUSTICE'S COURT OF SPRINGERVILLE PRECINCT
Personally appeared before me this twenty third day of May, 1886, Senon Castillo of Springerville Precinct, in the County of Apache, who, first being duly sworn, complains and says: That one J. Isaac Clanton, on the nineteenth day of May, 1886, at said County of Apache, did shoot, with intent to kill, one Pablo Romero, all of which is contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the people of the Territory of Arizona. Said complaintant therefore prays that a warrant may be issued for the arrest of the said J. Isaac Clanton, and that he may be dealt with according to law. (Signed) Senon Castillo
In pursuance of the foregoing complaint, warrant issued on the 23rd day of May 1886, and placed in the hands of P.H. Snow, Special Constable, who executed said warrant by arresting the said Defendant, J. Isaac Clanton and bringing him into Court on said 23rd. day of May, 1886. The said Defendant was informed of the charge against him and plead not guilty. The Defendant was then asked if he was ready for a hearing. The Defendant said he was not ready for a hearing and asked for an adjournment of one day to enable him to procure his witnesses and Counsel. The request of Defendant, granted, and he was ordered to give bail in the sum of one thousand dollars for his appearance for examination. On the 24th day of May, 1886, the Defendant gave the required bail bond and was released. May 24th, 1886, 2 o'clock A.M. The Defendant appeared in Court on the day and hour above mentioned, and announced himself ready for examination. The Court then proceeded to make a thorough examination of the witnesses; Senon Castillo and Francisco Padilla who saw the shooting affray between the said Defendant, J. Isaac Clanton and Pablo Romero. Also, J. V. Brighton, to whose house the Defendant went immediately after the shooting, was examined, and the statement of the Defendant was also taken, and as all the witnesses who were examined, corroborated the statement of the said Defendant, and there being no evidence to warrant holding the Defendant, he was discharged.
Francisco Padilla, being duly sworn, deposes and says: Q. What is your name? A. Francisco Padilla. Q. How old are you? A. 43 years. Q. Where do you reside? A. Springerville, Apache County. Q. What is your occupation? A. Farmer. Q. Did you witness the fight between Ike Clanton and Pablo Romero on the evening of May 19, in Senon Castillo's Saloon? If so, state all you know about it? A. When I came in the Saloon, Ike Clanton and Pablo Romero were playing Casino. They played one game while I was there, and I noticed that Pablo had made nine points and Ike had made two. In the second game there arose a dispute between them. Pablo told Ike that he had made eleven points. They disputed for a while, then I (the witness) Told Pablo that it was certain the way Ike said, that Pablo had made nine points, and that Ike had made two. And then Pablo told me (witness) that Ike was a liar. Then Ike told Pablo it is all right. "Boy, it is all right." Then they stood in silence a little while. Then Ike got up and asked Senon Castillo for a match. Then Pablo got up a little after Ike did, and then, Ike walked behind the bar and took a match. When Ike took the match and lit it, then Pablo took the gun which was sitting at the east end of the bar. Then, when Ike saw Pablo take the gun, he took his six-shooter which was lying behind the bar. Then Pablo raised the gun and I don't think Ike gave Pablo time to shoot because Ike took hold of the gun and the shooting began. Q. Did you see Pablo discharge his gun, the ball passing through the front door? A. No sir. I did not see. Q. It is not possible or probable, that he might have discharged his gun in this excitement, and state you did not see it? A. It is possible but I did not see it.
Senon Castillo, being duly sworn, deposes and says: Q. What is your name? A. Senon Castillo. Q. What is your age? A. 27 years. Q. Where do you reside? A. Springerville, Apache County. Q. What is your occupation? A. Selling whiskey. Q. Were you present when the shooting affair occured between the defendant, Issac Clanton and Pablo Romero? A. Yes sir. Q. Where did it occur? A. In my Saloon. Q. You will state how it occured and all about it to the best of your recollection? A. They were playing Casino, and a little while after they were playing I heard a dispute between them about some points. That defendant told Pablo Romero that he (Pablo) had made nine points, and that he (the defendant) had made two. That Pablo said that he had made 11 points, and that Ike, the defendant, did not make any And then, angry words, such as a lie passed between them. Both got up as if they were going to go out of the Saloon. Then Ike, the defendant, asked me for a match. I told Ike there were matches behind the counter, to take some. When Ike turned his face toward where Pablo Romero was, he, Pablo lifted a gun and pointed it towards Ike. Ike then caught hold of the gun and threw it aside, both men having hold of the gun. Then the shooting commenced. (When he heard the shooting he only saw Ike's gun.) I am not certain whether Pablo Romero shot or not. Q. Why are you not certain that Pablo Romro shot? A. They were both mixed up with the guns and there was so much smoke that I could not distinguish whether Pablo Romero shot or not. Q. Which way was Pablo Romero facing when the fight commenced? A. When Ike, the defendant, asked me for a match he walked behind the bar and Pablo walked in the same direction. When Ike got the match, he turned, facing Pablo and Pablo lifted the gun, a Windchester 44 caliber and pointed it towards Ike. Then, Ike's sixshooter was laying near the matches. He, Ike, seized the gun and at the same time, took hold of his six-shooter which was laying behind the bar near the matches. Then the shooting commenced. Q. Was there not a shot fired through, or near, the door facing west of the Saloon? A. Yes, through or near the middle of the door. Q. Is it not possible that the shot through the door could have been fired by Ike Clanton facing as he was, east and in opposite direction from the door? A. I can not tell. They were turning in every direction. Q. Is it possible that the shot through the door was fired by Pablo Romero, as Ike was facing that way? A. It is possible but I am not certain. Q. Then you cannot swear positively whether Pablo Romero shot or not? A. I cannot swear positively, as they were so tangled up in the fight. I could not tell. Q. You are positive, are you not, that Pablo Romero picked up the gun and pointed it towards the defendant in the first place? A. Yes sir. Signed, Senon Castillo.
J.V. Brighton, being duly sworn, deposes and says: Q. What is your name. A. J.V. Brighton. Q. Where do you reside? A. Springerville, Apache County, Arizona. Q. How old are you? A. 39 years. Q. Did Ike Clanton come over to your house on the evening of the 19th day of May, 1886, and give you a gun? If so, state whether or not there was an exploded cartridge shell in the chamber of the gun, and all about it? A. Yes. He came into my house and he gave me a 44 Windchester gun and I threw the lever down and an empty shell flew out, which had the appearance of just having been exploded. I examined the shell and the gun too, and saw that it just had been fired. After I had examined the gun I noticed that Issac Clanton's shirt sleeve on his left arm was powder burnt and I asked him if he was hurt, and he told me he was not on the arm. Q. State, who you delivered the gun to from which you took a previously exploded shell, and whether anything was said about that gun having been used in a fight? A. I delivered the gun to Senon Castillo. He asked me for it and I supposed it was his. Ike told Senon, at the time I delivered the gun, that it had been used by Pablo Romero in an affair with Ike Clanton. Q. Who were present when this was talked about, that is, that this gun had been fired at Issac Clanton? A. Wm. Woods, my wife, A.J. Cooper, Issac Clanton and Senon Castillo. Q. How far do you reside from the Saloon? A. About one hundred and fifty yards. Q. Did you hear shooting at the Saloon on the evening of the 19th of May, 1886? If so, how many shots were fired? A. Yes, I heard shooting. I heard two shots together at first, and. I am not certain but there were two or three shots fired afterwards, making four or five shots in all. Q. Did Isaac Clanton tell you at the time he gave you that 44 Windchester you have been testifying about, that he took it from anyone? If so, whom? A. Yes. he said that he took it from a Mexican who came damned near getting him. Q. Did you examine the shot through the front door facing west of Senon Castillo's Saloon? If so, what was the result? A. Right through one of the double doors was a clean cut bullet hole which had been shot from the inside of the building, which had the appearence of having been done with a 44 caliber rifle. Signed, J.V. Brighton.
STATEMENT OF DEFENDANT Q. What is your name? and age? A. J. Isaac Clanton, 38 years. Q. Where were you born? A. Missouri. Q. Where do you reside, and how long have you resided there? A. I reside in Socorro County, New Mexico. Have resided there about eight months. Q. What is your business or profession? A. Ranchman. Q. Give any explanation you may think proper of the circumstances appearing in the testimony against you, and state any facts which you think will tend to your exculpatory? A. On the evening of the 19th of May, 1886, I was in the Saloon of Senon Castillo when Pablo Romero came in and bantered me for a game of Casino. I refused to play with him at first, but after refusing three or four times I commenced playing with him. After we had played three games a dispute arose in the points game about the number of points. Francisco Padilla who was standing near, told. Pablo Romero that I was right. Then Pablo told Francisco Padilla that I had Lied. I told him that I had not, that the points were as I had said they were. I saw that Pablo was excited. He was trembling. I then got up and asked Senon Castillo for a match to light my cigar with. I went behind the bar to get a match. When I got a match and lit it first, then Pablo Romero grabbed his gun. As he raised the gun, I saw him cock it. My pistol was laying on the end of the bar close to the gun. As he pointed the gun toward me I threw it off with my left hand and grabbed my pistol with my right hand and we both fired. I held on to the gun and fired several shots. After the third shot I saw he was not weakening and I hit him over the head with my six-shooter, when it was discharged accidently after he fell. I picked up his gun and took it over to Mr. Brighton's. As my left shirt sleeve was powder burned I know it was from the shot from his gun and the bullet went through the door. I was facing the east and Pablo Romero was facing the west when the shooting commenced. It was not possible that the shot through the front door of Senon Castillo's Saloon facing west was from my pistol as I was not facing west at any time during the shooting. Signed, Isaac Clanton.
TERRITORY OF ARIZONA VS J. ISAAC CLANTON After hearing the testimony and the statement of the Defendant, and there being no sufficiant cause to believe the witness, J. Isaac Clanton, guilty of the aforesaid written mentioned , I order him to be discharged. Given under my hand this 24th day of May, A.D. 1886. John T. Hogue, Justice of the Peace, Springerville, Apache County, Territory of Arizona. |
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From Jack Becker's Collection |
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