Virgil Earp

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Virgil Walter Earp (July 18, 1843October 19, 1905) was one of the men involved in the Gunfight at the O.K. Corral in the Arizona Territory of the United States. He spent his life in law enforcement, although ironically it is his younger brother Wyatt Earp, who spent most of his life as a gambler, who is better known in popular history as a Western lawman.

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[edit] Early life

Virgil Earp was born in Hartford, Kentucky, the second son of Nicholas Earp and Virginia Ann Cooksey. A more complete family history for Virgil is given in the genealogy section for Wyatt Earp.

In February 1860, while living in Pella, Iowa, 16 year-old Virgil eloped with Dutch immigrant Magdalena C. "Ellen" Rysdam (November 25, 1842 in Utrecht, Netherlands - May 3, 1910 in Cornelius, Oregon). They remained together for a year in spite of her parents' (Gerrit Rysdam and Magdalena Catrina Van Velzen from Utrecht) disapproval of her choice.

On September 21, 1861, 18-year-old Virgil enlisted in the Union Army during the Civil War, serving with the 83rd Illinois Infantry July 26, 1862-June 24, 1865. His older brother James had previously enlisted, but returned home after being badly wounded during a battle near Fredericktown, Missouri, in late 1861. Virgil's half-brother, Newton, also enlisted with the Union and served throughout the war. Virgil's enlistment was to become the last time Virgil and Ellen met each other as husband and wife. The marriage resulted in the birth of the only known child of Virgil, Nellie Jane Earp (January 7, 1862 - June 17, 1930). Virgil left for the Civil War when his baby daughter was just 2 weeks old.

In the summer of 1863, Ellen was told incorrectly that Virgil had died. She left Pella with her parents and daughter. She had moved to Oregon Territory, and had remarried twice by the time she and their daughter next met Virgil, in 1899, 37 years after they had seen each other last. There is a report that Virgil hadn't known he had a daughter, but this appears to be an inference from his earlier enlistment date, which is not the same as the time he left for service.

Earp received his discharge from the military on June 26, 1865, and he travelled home. Finding his wife and family had left Pella, Earp decided to head to California to meet up with the rest of the Earps. He married his second wife, Rosella Draggoo (b. 1853 in France), on August 28, 1870 in Lamar, Missouri. After three years of marriage, he left. Nothing is known about the outcome of the marriage.

In 1874, Earp married for a third time, this time to Alvira "Allie" Packingham Sullivan (b. 1849 in Council Bluffs, Iowa - d. 1947 in Los Angeles, California).

During his life Virgil worked at many jobs. He farmed, work on rail construction in Wyoming, drove a stagecoach, worked in a sawmill (in Prescott, A.T.), drove a mail route, and later in life, tried his hand as prospector. A tight-knit family, the Earps generally kept close contact with one another, and often trailed along together to different living locations. James Earp, while rarely serving as a lawman due to having been badly wounded during the Civil War, would often follow after his younger brothers, settling in as a bartender and dabbling in the management of saloons and gambling houses.

Virgil spent some time in Dodge City, Kansas in 1877 with his younger brother Wyatt, though it is not certain if Virgil ever held any law enforcement position in Dodge. From Dodge City, Virgil and his wife moved to Prescott, Arizona, then capital of Arizona Territory. There, in October 1877, Virgil Earp was deputized by Yavapai County, Arizona Sheriff Ed Bowers during a street gunfight. In 1878, Virgil served in Prescott as a village night watchman for a couple of months and was later elected a constable in Prescott.

[edit] Tombstone

See also:

Virgil was appointed Deputy U.S. Marshal for the Arizona Territory in November 27, 1879, just before he traveled with his brother Wyatt Earp to Tombstone from Prescott. Evidently Virgil was intended to represent federal law in that part of the territory (Tombstone was then only a small town and mining camp of a few hundred people).

On October 30, 1880, Virgil became acting town-marshal of Tombstone, after town-marshal Fred White was shot and killed by outlaw and gunman "Curly Bill" Brocius. Virgil was not present at the White shooting, though early historians have erroneously reported this, Brocius was actually arrested by deputy county sheriff Wyatt Earp, assisted by his younger brother Morgan Earp. With the town-marshal appointment, Virgil held both a federal law enforcement position, as well as the top local law enforcement position for the town of Tombstone. However, Virgil held the latter job for less than two weeks before being replaced by Ben Sippy in a special election in which Virgil was narrowly defeated. Sippy won re-election when Tombstone became a city in January, 1881. Virgil didn't run in this second election, though several historians have erroneously reported this also.

However, Sippy was in financial trouble. When he requested a 2-week leave of absence on June 6, the city council appointed Virgil to act as temporary city marshal in his place. When the center section of Tombstone was devastated by a fire on June 22, Sippy still had not returned. Some looting took place in the aftermath of the fire, and Virgil was left to cope with it. Finally, on June 28, when Sippy still had not returned and about $3,000 of bad debt and financial irregularities were discovered in his office, Virgil was appointed by Tombstone Mayor Clum as permanent replacement for the city marshal post.

As city marshal (chief of police), it was Virgil's job to enforce local ordinances such as those against carrying open or concealed weapons in town. Although history has painted the picture of Virgil introducing that law, he did not, and it was already in place when he took office. It was Virgil's attempt (along with new deputy Morgan Earp and temporarily deputized citizens Wyatt Earp and J.H. "Doc" Holliday) to disarm Frank McLaury and Billy Clanton, which led to the fight and deaths near the O.K. Corral.

[edit] Facts of those who participated in the gunfight, wound received, legal results for Virgil Earp

Although the gunfight made Wyatt Earp a legend, and historically it is Wyatt remembered as being the strongest and most experienced of the Earp faction going into the fight, this is incorrect. Although Wyatt had served in Wichita, Kansas and Dodge City as a lawman previously, Virgil was the more experienced in life and death situations. His years at war during the Civil War had given him more experience than any of the other participants that took part in the fight that day, especially his two brothers. In addition to this, he had served as a lawman off and on since the war on several occasions.

Before the gunfight at the O K Corral, Wyatt Earp had only been in one shootout, whereas Morgan Earp had never been in any gun battles whatsoever. Billy Claiborne had also been in one gunfight prior to the gunfight, and was the only member of the Clanton faction involved that had prior gunfighting experience. Doc Holliday, despite his reputation, had no documented gunfights to his credit, other than a couple of drunken brawls, and had only rumors of fights with always unnamed men being shot by him.

During the gunfight, Virgil Earp was shot in the calf of the leg (he thought by Billy Clanton). Three days after the O.K. Corral gunfight, the city council suspended Virgil as police chief, pending outcome of the shooting investigations. Virgil was eventually exonerated of wrongdoing, but his reputation suffered.

[edit] Assassination attempt

In the late evening on December 28, 1881, as Virgil was walking from the Oriental saloon to his hotel room on the Cosmopolitan (where he was staying for protection from threats) he was ambushed on Allen Street by unknown assailants, usually assumed to be family or confederates of the men who died at the O.K. Corral fight. Ike Clanton's hat was actually found at the assassin's nest, but he was given an alibi by friends.

The assailants fired from the second story of a building across Allen street, an office which was empty due to being under construction. An estimated 5 or 6 shotgun reports were heard, and 20 buckshot penetrated the Crystal Palace Saloon and Eagle Brewery behind Virgil, breaking windows and narrowly missing patrons. About the same number of buckshot hit Virgil, though he did not fall. Virgil was hit primarily in the back and his left arm. The arm would be permanently crippled as a result of the surgical removal of 5 and 1/2 inches of shattered humerus bone in wound treatment. While being examined by his doctors, the severely wounded Virgil (according to the daily diary of a witness) managed to tell his wife, "Nevermind, I've got one arm left to hug you with." This remains one of the more gallant quotes of the Old West.

On learning of Virgil's wounds, which were initially thought probably fatal, territorial U.S. Marshal C.P. Dake gave Virgil's Deputy U.S. Marshal position to Wyatt Earp.

On March 20, 1882, two days after Virgil's younger brother Morgan Earp was killed in a second ambush by unknown assailants, the still recovering Virgil and his wife Allie left Tombstone for Colton, California. Virgil left Tombstone the day after Morgan's body was sent to California with brother James Earp. Virgil was escorted for protection by 20 men to Contention City, and from there by wagon to Benson and onto the train by five remaining bodyguards.

Brothers Wyatt Earp and Warren Earp, Doc Holliday, Sherman McMasters, and Turkey Creek Jack Johnson were the five remaining bodyguards. Virgil had spent January and February in bed, and had just been starting to get out on the street in Tombstone, the week before Morgan's killing. He would later state that he had to be carried up the steps, when the party got to the train. His wife Allie had to wear his pistol belt during the journey, so the weapon would be available to Virgil if he needed it.

[edit] Later life

Virgil spent the rest of his life in various law enforcement jobs, despite effective use of only one of his arms. On return to the new city of Colton, California, he eventually recovered and became that city's first city-marshal.

He died on October 19, 1905, of pneumonia in Goldfield, Nevada. He was serving as the Deputy Sheriff in Esmaralda County, Nevada at the time. He was buried at Riverview Cemetery, 0300 SW Taylors Ferry Rd., Portland, Oregon.

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