Wells Spicer
Encyclopedia
Wells W. Spicer was an American journalist
, prospector
, politician
, lawyer
and judge
whose legal career immersed him in two significant events in frontier history: the Mountain Meadows massacre
in the Utah Territory
in 1857; and the 1881 shootout commonly known as the Gunfight at the O.K. Corral
in Tombstone, Arizona Territory
.
to William and Seba Spicer, both farmers of Presbyterian faith. He had two siblings: an older brother, George, and a younger sister, also named Seba. The family relocated to Tipton, Iowa
when Wells was about 9 years old. As a young man, Spicer worked as a clerk for William H. Tuthill, a respected lawyer, banker, and storekeeper. Under Tuthill’s tutelage, Spicer was admitted to the Iowa bar in 1853. In the same year, Spicer and his associates began publishing the Cedar County Advertiser; Spicer would become the sole publisher and editor the following year, eventually selling his successful newspaper four years later. After unsuccessfully running as a Democrat
for county prosecutor
in 1854, Spicer became a Republican
and won the race for county judge in 1856. In July of the same year, Spicer married Abbie Gilbert and had a son, Earnest, a year later. Abbie and Wells separated in 1876, although Wells considered himself still married years later.
with his former fellow publisher, Charles Swetland in 1869. They met with Governor of Utah Brigham Young
, who most likely advised them to travel to Corinne City
, then one of few towns where non-Mormons
("Gentile
s") could find property and opportunity. Spicer was admitted to the Utah bar and specialized in mining suits and claims, and he started a hotel in Corrine City. Swetland died shortly thereafter, but Spicer would be joined by Abbie and Earnest around the same time. Spicer and his family moved to Ophir City
in 1871 and began similar legal activity as well as prospecting and starting a tunneling company. Spicer continued his journalistic efforts, contributing to the Salt Lake Daily Tribune and Utah Mining Gazette. When Ophir’s silver veins began to dry out, the Spicers moved to Salt Lake City in 1872. There Spicer was appointed U.S. Commissioner by the Supreme Court, hearing cases mostly in Bingham
. In 1874 Spicer leased Rollins Mine, a defunct lead mine, in the Lincoln Mining District 18 miles west of Beaver
near Minersville
. After striking a profitable vein of lead and gold, the area was revitalized. It was through his connections in Beaver that Spicer would be involved in one of Utah’s darkest events.
in Panguitch
, less than 50 miles away, and jailed him near Beaver. Lee was one of eight men with arrest warrants for the murders at Mountain Meadows. It’s not known how Spicer and Lee were introduced, but Lee would retain Spicer’s services despite his initial wishes to represent himself. Spicer advised Lee to make a full confession, but Lee did not wish to implicate members of the Mormon hierarchy. Spicer assembled a legal team that consisted of Enos D. Hoge and William W. Bishop with eyewitness John McFarlane as an assistant (the team of George Bates and Jabez Sutherland was there more to protect the LDS Church than to defend Lee). Lee’s trial began in late July 1875. After the prosecution spent several days detailing the “lurid and horrible details” of the massacre, Spicer presented his opening argument by spending 3 hours detailing other possible theories: that the Indians were solely responsible and Lee tried to save the doomed families; that the marauders were blind followers of the LDS church under orders from church leaders; or that the victims were reckless and “had no regard for property or person”, behavior which served to anger the Indians. Spicer concentrated on the theory of religious fanaticism. Despite Spicer’s tactics, no Mormons testified against Lee. The result was a hung jury
with eight Mormons voting for acquittal and four Gentiles opting for a guilty verdict. Spicer now found himself ostracized: by non-Mormons who felt he became “the most complete jack Mormon” by defending Lee; and by Mormons who were incensed by his defense strategies. Both sides were openly critical of him in their respective newspapers, often referring to him simply as "One Spicer".
Lee’s silence was unrewarded, it was his undoing. Church elders struck a deal with the prosecutor from the U.S. Attorney's office, who initiated a second trial and populated the jury with Mormons who would “exonerate Mormon authorities of complicity in the massacre”. Brigham Young reciprocated by providing perjured evidence and testimony against Lee. Charges against other church leaders were dropped. Despite defense claims that prosecution witnesses were also willing participants in the massacre as well as glaring inconsistencies in their testimonies, Lee was found guilty in September 1876 and sentenced to death. Spicer and Bishop appealed the conviction, which was upheld by the Supreme Court. Spicer requested clemency from Gov. George W. Emery
, who denied it due to Lee’s reluctance to make a full public confession. Spicer attended Lee’s execution by firing squad on March 22, 1877. The unsettling trials and aftermath inspired Spicer to refer to himself as the “unkilled of Mountain Meadows”.
Spicer was renamed U.S. Commissioner for Utah Territory by the Supreme Court in 1876. He remained in Utah until the end of his commission in 1878. Discouraged by the recent turn of events, Spicer left for southeastern Arizona Territory when he learned of a silver strike in Tombstone, Arizona.
was his appointment as a special correspondent for the Arizona Daily Star
on January 3, 1880, though earlier articles bearing the names of “Utah” and “W.S.” may well have been Spicer’s. As in his Utah days, Spicer’s articles dealt mainly in the area of mining
. He resumed his other mining activities, such as prospecting and practicing mining law. A previous acquaintance, Charles G.W. French, was named Chief Justice of Arizona by President Ulysses S. Grant
and in turn named Spicer a justice of the First District Court in June 1880.
Spicer was the first Master of King Solomon Masonic Lodge #5, founded in Tombstone on on March 14, 1881.
filed first degree murder charges on November 1 against Wyatt
, Virgil
, and Morgan Earp
, and John H. "Doc" Holliday
. A preliminary hearing
, later nicknamed the Spicer Hearing, began on November 1, presided over by Justice of the Peace Spicer. The purpose of the hearings was to ascertain if enough evidence was present to warrant holding the defendant(s) for trial. But both the prosecution and the defense presented their entire cases as if the hearing was a full trial. The prosecution may have been motivated by the fact that it was common for criminal charges to be quickly dismissed during preliminary hearings if the evidence was not sufficient. Defense attorney Tom Fitch
may have mounted a full-on defense because he knew of Spicer's experience while defending the Mountain Meadows Massacre, and they knew as a Republican he likely shared the Earps’ antipathy towards the lawless elements. Fitch may have been concerned that the Earps and Holliday would probably face a pro-Democratic, pro-Cowboy
jury in a full trial. Both sides had reason because witnesses would often disappear due to the transient—and sometimes deadly—nature of frontier life.
While fairly even-handed during the hearing, Spicer made at least two decisions that benefited the defense. The first allowed Wyatt Earp to testify by reading from a prepared statement without being cross-examined. Territory law allowed a defendant to make a narrative statement instead of the customary question/answer procedure with no cross-examination, but the law was vague as to whether the defendant could read from a written statement verbatim. The prosecution objected, but Spicer ruled that the “statute was very broad…(Earp) could make any statement he pleased whether previously prepared or not.” Spicer's second key decision was to personally interview witness Addie Borland at her home after she presented confusing testimony and to recall her to the stand to answer his questions, much to the dismay and objections of the prosecution. In her second visit to Spicer’s courtroom, she testified that she did not see any of the Cowboy
faction raise their hands to surrender, testimony which contradicted the testimony of prosecution witnesses Ike Clanton, West Fuller and Billy Claiborne.
Spicer made his decision on November 30. While he criticized Virgil Earp
’s decision to call upon his brother Wyatt and Doc Holliday as “an injudicious and censurable act”, he nonetheless could “attach no criminality to (Virgil’s) unwise act”. Spicer went on to give a lengthy dissertation as to how he came to his decision. By the time he was done, the Earps and Holliday were free from a full trial despite Ike Clanton’s efforts to try them again in nearby Contention City
. The grand jury
accepted Spicer’s ruling and refused to indict Holliday and the Earps.
Spicer was again newspaper fodder. The Democrat-leaning Tombstone Nugget stated that “in the eyes of many (Spicer) does not stand like Caesar
’s wife ‘not only virtuous but above suspicion’”. The newspaper to which Spicer once contributed, the Arizona Daily Star, said that he “was guilty of culpable ignorance of his duty or was afraid to perform the same, or acted improperly in discharging them”. Death threats were leveled against several men, including Mayor
John Clum
, Wells, Fargo & Co.
agent Marshall Williams, and defense attorney Tom Fitch
. Judge Spicer received the following threat:
Spicer, in characteristic fashion, wrote a lengthy retort in the Tombstone Epitaph
, that said that some of the citizenry “would like to be thugs if they had courage; would be proud to be called cowboys, if people gave them that distinction; but as they can be neither, they do the best they can to show how vile they are…”, concluding that “I will be here just where they can find me if they want me”.
, then in Ures
, Sonora
, Mexico
. A silver strike was made in the Quijotoa Mountains near Tucson. Spicer put all of his resources into a mine at Quijotoa, but the veins were not deep enough. It is widely believed that a destitute Spicer wandered into the Arizona desert in January 1887 and took his own life. An article 3 months later in the Daily Star stated that shortly before his disappearance while en route to Covered Wells, Spicer visited a man named Bill Haynes and tried to commit suicide twice while there.
One theory is that Spicer, who had a history of evading creditors, planned his “suicide” by pretending to be despondent while at Haynes’ cabin and then quietly made his way to Mexico (possibly Ures) where he would spend the rest of his days.
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
, prospector
Prospecting
Prospecting is the physical search for minerals, fossils, precious metals or mineral specimens, and is also known as fossicking.Prospecting is a small-scale form of mineral exploration which is an organised, large scale effort undertaken by mineral resource companies to find commercially viable ore...
, politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
, lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
whose legal career immersed him in two significant events in frontier history: the Mountain Meadows massacre
Mountain Meadows massacre
The Mountain Meadows massacre was a series of attacks on the Baker–Fancher emigrant wagon train, at Mountain Meadows in southern Utah. The attacks culminated on September 11, 1857 in the mass slaughter of the emigrant party by the Iron County district of the Utah Territorial Militia and some local...
in the Utah Territory
Utah Territory
The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah....
in 1857; and the 1881 shootout commonly known as the Gunfight at the O.K. Corral
Gunfight at the O.K. Corral
The Gunfight at the O.K. Corral was a roughly 30-second gunfight that took place at about 3:00 p.m. on Wednesday, October 26, 1881, in Tombstone, Cochise County, Arizona Territory, of the United States. Outlaw Cowboys Ike Clanton and Billy Claiborne ran from the fight, unharmed, but Ike's brother...
in Tombstone, Arizona Territory
Arizona Territory
The Territory of Arizona was an organized incorporated territory of the United States that existed from February 24, 1863 until February 14, 1912, when it was admitted to the Union as the 48th state....
.
Early life
Spicer was born in Chemung, New YorkChemung, New York
Chemung is a town in Chemung County, New York, USA. The population was 2,665 at the 2000 census. The town name is derived from the river flowing through it, which means in the native dialect, "Big Horn."...
to William and Seba Spicer, both farmers of Presbyterian faith. He had two siblings: an older brother, George, and a younger sister, also named Seba. The family relocated to Tipton, Iowa
Tipton, Iowa
Tipton is a city in Cedar County, Iowa, United States. The population was 3,155 at the 2000 census. It is the county seat of Cedar County.-Geography:Tipton is located at ....
when Wells was about 9 years old. As a young man, Spicer worked as a clerk for William H. Tuthill, a respected lawyer, banker, and storekeeper. Under Tuthill’s tutelage, Spicer was admitted to the Iowa bar in 1853. In the same year, Spicer and his associates began publishing the Cedar County Advertiser; Spicer would become the sole publisher and editor the following year, eventually selling his successful newspaper four years later. After unsuccessfully running as a Democrat
Iowa Democratic Party
The Iowa Democratic Party is the local branch of the Democratic Party in the state of Iowa.-Current elected officials:Iowa Democrats are in control of the Iowa Senate, one of the state's United States Senate seats, and three out of the state's five United States House of Representatives seats. ...
for county prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
in 1854, Spicer became a Republican
Republican Party of Iowa
The Republican Party of Iowa is the affiliate of the United States Republican Party in Iowa. The State Central Committee is led by Chairman Matt Strawn and Co-Chairman Bill Schickel...
and won the race for county judge in 1856. In July of the same year, Spicer married Abbie Gilbert and had a son, Earnest, a year later. Abbie and Wells separated in 1876, although Wells considered himself still married years later.
Utah Territory
After living in Onandaeg City, Colorado, briefly, Spicer left his family in Tipton and went to the Utah TerritoryUtah Territory
The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah....
with his former fellow publisher, Charles Swetland in 1869. They met with Governor of Utah Brigham Young
Brigham Young
Brigham Young was an American leader in the Latter Day Saint movement and a settler of the Western United States. He was the President of The Church of Jesus Christ of Latter-day Saints from 1847 until his death in 1877, he founded Salt Lake City, and he served as the first governor of the Utah...
, who most likely advised them to travel to Corinne City
Corinne, Utah
Corinne is a city in Box Elder County, Utah, United States. The population was 685 at the 2010 census.-Geography:Corinne is located at ....
, then one of few towns where non-Mormons
Mormons
The Mormons are a religious and cultural group related to Mormonism, a religion started by Joseph Smith during the American Second Great Awakening. A vast majority of Mormons are members of The Church of Jesus Christ of Latter-day Saints while a minority are members of other independent churches....
("Gentile
Gentile
The term Gentile refers to non-Israelite peoples or nations in English translations of the Bible....
s") could find property and opportunity. Spicer was admitted to the Utah bar and specialized in mining suits and claims, and he started a hotel in Corrine City. Swetland died shortly thereafter, but Spicer would be joined by Abbie and Earnest around the same time. Spicer and his family moved to Ophir City
Ophir, Utah
Ophir is a town in Tooele County, Utah, United States. It is part of the Salt Lake City, Utah Metropolitan Statistical Area. The population was 23 at the 2000 census, a decrease of two from the 1990 figure of 25.-History:...
in 1871 and began similar legal activity as well as prospecting and starting a tunneling company. Spicer continued his journalistic efforts, contributing to the Salt Lake Daily Tribune and Utah Mining Gazette. When Ophir’s silver veins began to dry out, the Spicers moved to Salt Lake City in 1872. There Spicer was appointed U.S. Commissioner by the Supreme Court, hearing cases mostly in Bingham
Bingham Canyon, Utah
Bingham was a city formerly located in southwestern Salt Lake County, Utah, United States, in a narrow canyon on the eastern face of the Oquirrh Mountains. The Bingham Canyon area boomed during the first years of the twentieth century, as rich copper deposits in the canyon began to be developed,...
. In 1874 Spicer leased Rollins Mine, a defunct lead mine, in the Lincoln Mining District 18 miles west of Beaver
Beaver, Utah
Beaver is a city in Beaver County, Utah, United States. The population was 2,454 at the 2000 census. It is the county seat of Beaver County.Settled by Mormon pioneers in 1856, Beaver was one of a string of Mormon settlements extending the length of Utah...
near Minersville
Minersville, Utah
Minersville is a town in Beaver County, Utah, United States. The population was 817 at the 2000 census.-History:Minersville was settled in 1859 at the direction of Brigham Young so a lead mine could be operated on the site where Jesse N...
. After striking a profitable vein of lead and gold, the area was revitalized. It was through his connections in Beaver that Spicer would be involved in one of Utah’s darkest events.
John D. Lee and the Mountain Meadows Massacre
In November 1874, Sheriff William Stokes of Beaver arrested John D. LeeJohn D. Lee
John Doyle Lee was a prominent early Latter-day Saint who was executed for his role in the Mountain Meadows massacre.-Early Mormon leader:...
in Panguitch
Panguitch, Utah
Panguitch is a city in and the county seat of Garfield County, Utah, United States. The population was 1,623 at the 2000 census.-Geography:Panguitch is located at ....
, less than 50 miles away, and jailed him near Beaver. Lee was one of eight men with arrest warrants for the murders at Mountain Meadows. It’s not known how Spicer and Lee were introduced, but Lee would retain Spicer’s services despite his initial wishes to represent himself. Spicer advised Lee to make a full confession, but Lee did not wish to implicate members of the Mormon hierarchy. Spicer assembled a legal team that consisted of Enos D. Hoge and William W. Bishop with eyewitness John McFarlane as an assistant (the team of George Bates and Jabez Sutherland was there more to protect the LDS Church than to defend Lee). Lee’s trial began in late July 1875. After the prosecution spent several days detailing the “lurid and horrible details” of the massacre, Spicer presented his opening argument by spending 3 hours detailing other possible theories: that the Indians were solely responsible and Lee tried to save the doomed families; that the marauders were blind followers of the LDS church under orders from church leaders; or that the victims were reckless and “had no regard for property or person”, behavior which served to anger the Indians. Spicer concentrated on the theory of religious fanaticism. Despite Spicer’s tactics, no Mormons testified against Lee. The result was a hung jury
Hung jury
A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...
with eight Mormons voting for acquittal and four Gentiles opting for a guilty verdict. Spicer now found himself ostracized: by non-Mormons who felt he became “the most complete jack Mormon” by defending Lee; and by Mormons who were incensed by his defense strategies. Both sides were openly critical of him in their respective newspapers, often referring to him simply as "One Spicer".
George W. Emery
George W. Emery was the eleventh governor of Utah Territory. Emery was appointed by President Ulysses S. Grant for Supervisor of Internal Revenue for the confederate states from 1870 to 1874 and governor in 1875. After his term ended in 1880, the Utah Legislature named Emery County, Utah in...
, who denied it due to Lee’s reluctance to make a full public confession. Spicer attended Lee’s execution by firing squad on March 22, 1877. The unsettling trials and aftermath inspired Spicer to refer to himself as the “unkilled of Mountain Meadows”.
Spicer was renamed U.S. Commissioner for Utah Territory by the Supreme Court in 1876. He remained in Utah until the end of his commission in 1878. Discouraged by the recent turn of events, Spicer left for southeastern Arizona Territory when he learned of a silver strike in Tombstone, Arizona.
Tombstone, Arizona Territory
The first verifiable evidence of Spicer’s presence in TombstoneTombstone, Arizona
Tombstone is a city in Cochise County, Arizona, United States, founded in 1879 by Ed Schieffelin in what was then Pima County, Arizona Territory. It was one of the last wide-open frontier boomtowns in the American Old West. From about 1877 to 1890, the town's mines produced USD $40 to $85 million...
was his appointment as a special correspondent for the Arizona Daily Star
Arizona Daily Star
The Arizona Daily Star is the major morning daily newspaper that serves Tucson and surrounding districts of southern Arizona in the United States. The paper was purchased by Pulitzer in 1971; Lee Enterprises bought Pulitzer in 2005....
on January 3, 1880, though earlier articles bearing the names of “Utah” and “W.S.” may well have been Spicer’s. As in his Utah days, Spicer’s articles dealt mainly in the area of mining
Mining
Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...
. He resumed his other mining activities, such as prospecting and practicing mining law. A previous acquaintance, Charles G.W. French, was named Chief Justice of Arizona by President Ulysses S. Grant
Ulysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
and in turn named Spicer a justice of the First District Court in June 1880.
Spicer was the first Master of King Solomon Masonic Lodge #5, founded in Tombstone on on March 14, 1881.
Gunfight at the O.K. Corral
A coroner’s inquest was held the day after the gun fight of October 26, 1881. The coroner's jury only stated the facts of the gunfight and not whether the shootings were justifiable or criminal. Ike ClantonIke Clanton
Joseph Isaac Clanton was born in Callaway County, Missouri. He is best known for being a member of group of outlaw Cowboys that had ongoing conflicts with lawmen Wyatt, Virgil, Morgan Earp and Wyatt's friend Doc Holliday. The Clantons repeatedly threatened the Earps because they interfered with...
filed first degree murder charges on November 1 against Wyatt
Wyatt Earp
Wyatt Berry Stapp Earp was an American gambler, investor, and law enforcement officer who served in several Western frontier towns. He was also at different times a farmer, teamster, bouncer, saloon-keeper, miner and boxing referee. However, he was never a drover or cowboy. He is most well known...
, Virgil
Virgil Earp
Virgil Walter Earp fought in the Civil War. He was U.S. Deputy Marshal for south-eastern Arizona and Tombstone City Marshal at the time of the Gunfight at the O.K. Corral in the Arizona Territory. Two months after the shootout in Tombstone, outlaw Cowboys ambushed Virgil on the streets of...
, and Morgan Earp
Morgan Earp
Morgan Seth Earp was the younger brother of Deputy U.S. Marshals Virgil and Wyatt Earp. Morgan was a deputy of Virgil's and all three men were the target of repeated death threats made by outlaw Cowboys who were upset by the Earps' interference in their illegal activities. This conflict eventually...
, and John H. "Doc" Holliday
Doc Holliday
John Henry "Doc" Holliday was an American gambler, gunfighter and dentist of the American Old West, who is usually remembered for his friendship with Wyatt Earp and his involvement in the Gunfight at the O.K. Corral...
. A preliminary hearing
Preliminary hearing
Within some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
, later nicknamed the Spicer Hearing, began on November 1, presided over by Justice of the Peace Spicer. The purpose of the hearings was to ascertain if enough evidence was present to warrant holding the defendant(s) for trial. But both the prosecution and the defense presented their entire cases as if the hearing was a full trial. The prosecution may have been motivated by the fact that it was common for criminal charges to be quickly dismissed during preliminary hearings if the evidence was not sufficient. Defense attorney Tom Fitch
Thomas Fitch (politician)
Thomas Fitch was an American laywer and politician. He defended President Brigham Young of the Church of Latter-day Saints and other church leaders when Young and his denomination were prosecuted for polygamy in 1871 and 1872...
may have mounted a full-on defense because he knew of Spicer's experience while defending the Mountain Meadows Massacre, and they knew as a Republican he likely shared the Earps’ antipathy towards the lawless elements. Fitch may have been concerned that the Earps and Holliday would probably face a pro-Democratic, pro-Cowboy
The Cowboys (Cochise County)
The Cowboys were a loosely associated group of outlaw cowboys in Pima and Cochise County, Arizona Territory in the late 19th century. They were cattle rustlers and robbers who rode across the border into Mexico and rounded up cattle that they then sold in the United States...
jury in a full trial. Both sides had reason because witnesses would often disappear due to the transient—and sometimes deadly—nature of frontier life.
While fairly even-handed during the hearing, Spicer made at least two decisions that benefited the defense. The first allowed Wyatt Earp to testify by reading from a prepared statement without being cross-examined. Territory law allowed a defendant to make a narrative statement instead of the customary question/answer procedure with no cross-examination, but the law was vague as to whether the defendant could read from a written statement verbatim. The prosecution objected, but Spicer ruled that the “statute was very broad…(Earp) could make any statement he pleased whether previously prepared or not.” Spicer's second key decision was to personally interview witness Addie Borland at her home after she presented confusing testimony and to recall her to the stand to answer his questions, much to the dismay and objections of the prosecution. In her second visit to Spicer’s courtroom, she testified that she did not see any of the Cowboy
The Cowboys (Cochise County)
The Cowboys were a loosely associated group of outlaw cowboys in Pima and Cochise County, Arizona Territory in the late 19th century. They were cattle rustlers and robbers who rode across the border into Mexico and rounded up cattle that they then sold in the United States...
faction raise their hands to surrender, testimony which contradicted the testimony of prosecution witnesses Ike Clanton, West Fuller and Billy Claiborne.
Spicer made his decision on November 30. While he criticized Virgil Earp
Virgil Earp
Virgil Walter Earp fought in the Civil War. He was U.S. Deputy Marshal for south-eastern Arizona and Tombstone City Marshal at the time of the Gunfight at the O.K. Corral in the Arizona Territory. Two months after the shootout in Tombstone, outlaw Cowboys ambushed Virgil on the streets of...
’s decision to call upon his brother Wyatt and Doc Holliday as “an injudicious and censurable act”, he nonetheless could “attach no criminality to (Virgil’s) unwise act”. Spicer went on to give a lengthy dissertation as to how he came to his decision. By the time he was done, the Earps and Holliday were free from a full trial despite Ike Clanton’s efforts to try them again in nearby Contention City
Contention City, Arizona
Contention City or Contention is a ghost mining town in Cochise County in the southeastern part of the U.S. state of Arizona. It was occupied from the early-1880s through the late-1880s in what was then known as the Arizona Territory...
. The grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
accepted Spicer’s ruling and refused to indict Holliday and the Earps.
Spicer was again newspaper fodder. The Democrat-leaning Tombstone Nugget stated that “in the eyes of many (Spicer) does not stand like Caesar
Julius Caesar
Gaius Julius Caesar was a Roman general and statesman and a distinguished writer of Latin prose. He played a critical role in the gradual transformation of the Roman Republic into the Roman Empire....
’s wife ‘not only virtuous but above suspicion’”. The newspaper to which Spicer once contributed, the Arizona Daily Star, said that he “was guilty of culpable ignorance of his duty or was afraid to perform the same, or acted improperly in discharging them”. Death threats were leveled against several men, including Mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
John Clum
John Clum
John Philip Clum was an Indian agent for the San Carlos Apache Indian Reservation in the Arizona Territory. He implemented a limited form of self-government on the reservation that was so successful that other reservations were closed and their residents moved to San Carlos. Clum later became the...
, Wells, Fargo & Co.
Wells Fargo
Wells Fargo & Company is an American multinational diversified financial services company with operations around the world. Wells Fargo is the fourth largest bank in the U.S. by assets and the largest bank by market capitalization. Wells Fargo is the second largest bank in deposits, home...
agent Marshall Williams, and defense attorney Tom Fitch
Thomas Fitch (politician)
Thomas Fitch was an American laywer and politician. He defended President Brigham Young of the Church of Latter-day Saints and other church leaders when Young and his denomination were prosecuted for polygamy in 1871 and 1872...
. Judge Spicer received the following threat:
Spicer, in characteristic fashion, wrote a lengthy retort in the Tombstone Epitaph
Tombstone Epitaph
The Tombstone Epitaph is a Tombstone, Arizona-based monthly publication that serves as a window in the history and culture of the Old West. Founded on May 1, 1880, The Epitaph is the oldest continually published newspaper in Arizona.-History:...
, that said that some of the citizenry “would like to be thugs if they had courage; would be proud to be called cowboys, if people gave them that distinction; but as they can be neither, they do the best they can to show how vile they are…”, concluding that “I will be here just where they can find me if they want me”.
Disappearance
Spicer returned to prospecting, first in Pima County, ArizonaPima County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*74.3% White*3.5% Black*3.3% Native American*2.6% Asian*0.2% Native Hawaiian or Pacific Islander*3.7% Two or more races*12.4% Other races*34.6% Hispanic or Latino -2000:...
, then in Ures
Ures
Ures is a small city and a municipality in the Mexican state of Sonora.-Area:It has an area of 2,618.56 square kilometers. This is 1.41% of the total area of the state, and 0.13 percent of the national area of Mexico...
, Sonora
Sonora
Sonora officially Estado Libre y Soberano de Sonora is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided into 72 municipalities; the capital city is Hermosillo....
, Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
. A silver strike was made in the Quijotoa Mountains near Tucson. Spicer put all of his resources into a mine at Quijotoa, but the veins were not deep enough. It is widely believed that a destitute Spicer wandered into the Arizona desert in January 1887 and took his own life. An article 3 months later in the Daily Star stated that shortly before his disappearance while en route to Covered Wells, Spicer visited a man named Bill Haynes and tried to commit suicide twice while there.
One theory is that Spicer, who had a history of evading creditors, planned his “suicide” by pretending to be despondent while at Haynes’ cabin and then quietly made his way to Mexico (possibly Ures) where he would spend the rest of his days.
Portrayals in film/television
- John LawlorJohn LawlorJohn Lawlor is an American actor. His best known roles are Supervisor Leonard Marsh on the television series Phyllis from 1976–1977, and later of Headmaster Steven Bradley on the television series The Facts of Life from 1979 to 1980....
in Wyatt EarpWyatt Earp (film)Wyatt Earp is a 1994 American semi-biographical Western film, written by Dan Gordon and Lawrence Kasdan and directed by Kasdan. It stars Kevin Costner in the title role as lawman Wyatt Earp, and features an ensemble cast that includes Dennis Quaid, Gene Hackman, Isabella Rossellini, Mark Harmon,...
(1994) imdb.com - James SeayJames SeayJames Seay was an American character actor who often played minor supporting roles as government officials....
in The Life and Times of Wyatt Earp (Episode titled “Gunfight at the O.K. Corral”, 1961) imdb.com - William SchallertWilliam SchallertWilliam Joseph Schallert is an American actor who has appeared in many films and in such television series as The Smurfs, The Rat Patrol, Gunsmoke, The Patty Duke Show, The Many Loves of Dobie Gillis, The Waltons, Bonanza, Leave It to Beaver, The Dick Van Dyke Show, Love, American Style, Get...
(as Judge Herman Spicer) in Hour of the GunHour of the GunHour of the Gun is 1967 Western film starring James Garner and depicting Wyatt Earp and Doc Holliday during their 1881 battles against Ike Clanton and his brothers in the Gunfight at the O.K. Corral, and the gunfight's aftermath in and around Tombstone, Arizona.The film is based on the non fiction...
(1967) imdb.com