Wild Bill Hickok-Davis Tutt shootout
Encyclopedia
The Wild Bill Hickok–Davis Tutt shootout was a gunfight that occurred on July 21, 1865 in the town square of Springfield, Missouri
between Wild Bill Hickok
, and a local cowboy named Davis Tutt
. It is considered to be one of the few recorded instances in the Wild West of a one-on-one pistol quickdraw duel
in a public place, in the manner later made iconic by countless dime novels, radio operas, and Western films such as Gary Cooper
in High Noon
and Clint Eastwood
in the Dollars Trilogy
. The first story of the shootout was detailed in an article in Harper's in 1867, instantly making Hickok a household name.
for the Union
. Little is known about Davis Tutt's background. He originally came from Marion County, Arkansas, where his family had been involved in the Tutt-Everett War
, during which several of his family members had been killed. He went west following the Civil War.
The eventual falling out between Hickok and Tutt reportedly occurred following grudges over women; while sources differ, there were rumors that Hickok had once dallied with Tutt's sister, possibly fathering an illegitimate child. Tutt had also been observed paying a great deal of attention to Wild Bill's then paramour, Susanna Moore.
By all accounts, by July 20, 1865, the two men were sworn enemies. Hickok staunchly refused to play in any card game that included Tutt. Tutt retaliated by openly supporting other local card-players with advice and money in a dedicated attempt to bankrupt Hickok.
at the Lyon House Hotel (now called the Old Southern Hotel). Wild Bill was playing against several other local gamblers while Tutt stood nearby, loaning money as needed and "encouraging [them], coaching [them] on how to beat Hickok."
The game was being played for high stakes, and Hickok did well, winning about $200 ($3,080 in 2010 dollars) of what was essentially Tutt's money. Irritated by his losses and unwilling to admit defeat, Tutt suddenly reminded Hickok of a $40 debt from a horse trade. Hickok shrugged and paid the sum, but Tutt was unappeased. He then claimed that Hickok owed him an additional $35 from a past poker game, back when Hickok was still willing to play against Tutt. "I think you are wrong, Dave," said Hickok. "It's only twenty-five dollars. I have a memorandum
in my pocket."
Tutt grabbed one of Hickok's most prized possessions off the table, his Waltham Repeater
gold pocket watch
, and crowed, "Fine, I'll just keep your watch 'til you pay me that thirty-five dollars!" Hickok was shocked and livid, but since all the other players were Tutt's allies, and the room was crowded; his hands were tied. Humiliated and stone-faced with anger, he quietly warned Tutt not to wear the watch in public. Tutt sneered back, "I intend on wearing it first thing in the morning!"
This was the breaking point for Hickok's patience. "If you do, I'll shoot you," Bill replied bluntly and calmly. "I'm warning you here and now not to come across that town square with it on." Hickok then immediately pocketed the rest of his winnings and left without further incident or conversation. The stage was set for the next day's events.
According to the testimony of Eli Armstrong and supported by two other witnesses, John Orr and Oliver Scott, Hickok met Tutt at the square and, along with Armstrong and Orr, they sat to discuss the terms of the watch's return. Tutt now wanted $45, Armstrong tried to convince Tutt to accept the original $35 and negotiate for the rest later, but Hickok was still adamant that he only owed $25. Tutt then held the watch in front of Hickok and stated he would accept no less than $45. Both then said they didn't want to fight and they all went for a drink together. Tutt later left, went to the livery stable and then returned to the square.
At a few minutes before 6 p.m., Hickok was seen calmly approaching the square from the south, his Colt Navy in hand. His armed presence caused the crowd to immediately scatter to the safety of nearby buildings, leaving Tutt alone in the northwestern corner of the square. At a distance of about 75 yards (70 meters), Hickok stopped, facing Tutt, and called out, "Dave, here I am." He cocked his pistol, holstered it on his hip, and gave a final warning, "Don't you come across here with that watch." Tutt did not reply, but stood with his hand on his pistol.
Davis Tutt was acknowledged as the better marksman, but both showed courage by all accounts. Both men faced each other sideways in the dueling position and hesitated briefly. Then Tutt reached for his pistol. Hickok drew his gun and steadied it on his opposite forearm. The two men fired a single shot each at essentially the same time, according to the reports. Tutt missed, but Hickok's bullet struck Tutt in the left side between the fifth and seventh ribs. Tutt called out, "Boys, I'm killed," ran onto the porch of the local courthouse and back to the street, where he collapsed and died.
was issued for Hickok's arrest and two days later he was arrested. Bail
was initially denied, as was common in murder
cases of the time. Hickok eventually posted a bail of $2,000 (2010:$30,800) on the same day, after the magistrate reduced the charge from murder to manslaughter
based on the circumstances. Hickok was arrested under the name of William Haycocke (the name Hickok had been using in Springfield) for the manslaughter of David Tutt. During the trial, the names were amended to J. B. Hickok and Davis Tutt/Little Dave, "little" being the equivalent in that period for the present day "Junior" to indicate having the same name as the father.
Hickok's manslaughter trial began on August 3, 1865 and lasted three days. Twenty-two witnesses from the square testified at the trial. Hickok's lawyer was the prestigious Colonel John S. Phelps
, former wartime governor of Arkansas
. The prosecution was led by Major Robert W. Fyan
, and the judge was Sempronius Boyd. The trial transcripts have been lost, but newspaper reports of the trial indicate that Hickok, as expected, claimed self-defense. The most disputed fact at the trial was who fired first. Only four witnesses actually watched the fight. Two claimed both men fired, but they could not tell who drew first. One said he was standing behind Hickok so he only saw Hickok draw, as his view of Tutt was blocked. Another said Tutt did not fire, but admitted noticing Tutt's gun had a discharged chamber. The other witnesses all stated that while they did not see the shooting, they heard only one shot.
Despite Hickok's claim of self-defense being technically illegitimate under the state law pertaining to mutual combat
(since he had come to the square armed and in expectation of a fight), the jury decided that he was still justified in shooting Tutt; the unwritten sensibilities of the time dictated that, as Tutt was both the initiator of the fight and the first to display overt aggression, and two witness reports indicated that Tutt was the first to reach for his pistol, Hickok was absolved of guilt for shooting him down. It was also noted that Hickok was seen as particularly honorable for giving Tutt several chances to avoid the conflict instead of simply shooting him the moment he felt he was being shown disrespect. Judge Sempronius Boyd gave the jury two apparently contradictory instructions. He first instructed the jury that a conviction was its only option under the law. He then instructed them that they could apply the unwritten law of the "fair fight" and acquit, an action known as jury nullification
which allows a jury to make a finding contrary to the law. The trial ended with an acquittal on August 6, 1865, after the jury deliberated for only "an hour or two" before reaching a verdict of not guilty, a verdict that was not popular at the time. The verdict was both expected and well in keeping with the "trail law" of the day; as stated by a modern historian, "Nothing better described the times than the fact that dangling a watch held as security for a poker debt was widely regarded as a justifiable provocation for resorting to firearms."
Due to its notoriety, the gunfight has since received much research attention, with many writing that Hickok killed Tutt for no reason whatsoever, short of humiliation. Many have argued that while Hickok felt humiliated by Tutt wearing the watch, Tutt could also claim the same humiliation if he failed to wear the watch, essentially bowing to Hickok's warning. Several weeks after the gunfight, on September 13, 1865, Colonel
George Ward Nichols, a writer for Harper's, sought out Hickok and began the interviews that would eventually turn the then-unknown gunfighter into one of the great legends of the Old West. Davis Tutt's body was buried in the Springfield City Cemetery and in March 1883 it was disinterred by Lewis Tutt, a former slave of the Tutt family, and reburied in Maple Park Cemetery.
Springfield, Missouri
Springfield is the third largest city in the U.S. state of Missouri and the county seat of Greene County. According to the 2010 census data, the population was 159,498, an increase of 5.2% since the 2000 census. The Springfield Metropolitan Area, population 436,712, includes the counties of...
between Wild Bill Hickok
Wild Bill Hickok
James Butler Hickok , better known as Wild Bill Hickok, was a folk hero of the American Old West. His skills as a gunfighter and scout, along with his reputation as a lawman, provided the basis for his fame, although some of his exploits are fictionalized.Hickok came to the West as a stagecoach...
, and a local cowboy named Davis Tutt
Davis Tutt
Davis Tutt was an Old West gambler and former soldier, best remembered as being killed during the Wild Bill Hickok-Davis Tutt shootout of 1865, which launched the previously unknown Wild Bill Hickok to fame as a gunfighter....
. It is considered to be one of the few recorded instances in the Wild West of a one-on-one pistol quickdraw duel
Duel
A duel is an arranged engagement in combat between two individuals, with matched weapons in accordance with agreed-upon rules.Duels in this form were chiefly practised in Early Modern Europe, with precedents in the medieval code of chivalry, and continued into the modern period especially among...
in a public place, in the manner later made iconic by countless dime novels, radio operas, and Western films such as Gary Cooper
Gary Cooper
Frank James Cooper, known professionally as Gary Cooper, was an American film actor. He was renowned for his quiet, understated acting style and his stoic, but at times intense screen persona, which was particularly well suited to the many Westerns he made...
in High Noon
High Noon
High Noon is a 1952 American Western film directed by Fred Zinnemann and starring Gary Cooper and Grace Kelly. The film tells in real time the story of a town marshal forced to face a gang of killers by himself...
and Clint Eastwood
Clint Eastwood
Clinton "Clint" Eastwood, Jr. is an American film actor, director, producer, composer and politician. Eastwood first came to prominence as a supporting cast member in the TV series Rawhide...
in the Dollars Trilogy
Dollars Trilogy
The "Dollars Trilogy" , also known as the "Man with No Name Trilogy", refers to the three Spaghetti Westerns starring Clint Eastwood and directed by Sergio Leone: A Fistful of Dollars , For a Few Dollars More , and The Good, the Bad and the Ugly .A Fistful of Dollars is an unofficial remake of...
. The first story of the shootout was detailed in an article in Harper's in 1867, instantly making Hickok a household name.
Prelude
Tutt and Hickok were both dedicated gamblers who frequented the same saloons and had at one point been friends, despite the fact that Tutt was a Confederate Army veteran, while Hickok had been a scoutReconnaissance
Reconnaissance is the military term for exploring beyond the area occupied by friendly forces to gain information about enemy forces or features of the environment....
for the Union
Union Army
The Union Army was the land force that fought for the Union during the American Civil War. It was also known as the Federal Army, the U.S. Army, the Northern Army and the National Army...
. Little is known about Davis Tutt's background. He originally came from Marion County, Arkansas, where his family had been involved in the Tutt-Everett War
Tutt-Everett War
The Tutt-Everett War, also called the Marion County War or the Tutt, King, Everett War was a politically motivated feud that took place in Marion County, Arkansas, during the politically charged era preceding the American Civil War....
, during which several of his family members had been killed. He went west following the Civil War.
The eventual falling out between Hickok and Tutt reportedly occurred following grudges over women; while sources differ, there were rumors that Hickok had once dallied with Tutt's sister, possibly fathering an illegitimate child. Tutt had also been observed paying a great deal of attention to Wild Bill's then paramour, Susanna Moore.
By all accounts, by July 20, 1865, the two men were sworn enemies. Hickok staunchly refused to play in any card game that included Tutt. Tutt retaliated by openly supporting other local card-players with advice and money in a dedicated attempt to bankrupt Hickok.
The card game
The simmering conflict eventually came to a head during a game of pokerPoker
Poker is a family of card games that share betting rules and usually hand rankings. Poker games differ in how the cards are dealt, how hands may be formed, whether the high or low hand wins the pot in a showdown , limits on bet sizes, and how many rounds of betting are allowed.In most modern poker...
at the Lyon House Hotel (now called the Old Southern Hotel). Wild Bill was playing against several other local gamblers while Tutt stood nearby, loaning money as needed and "encouraging [them], coaching [them] on how to beat Hickok."
The game was being played for high stakes, and Hickok did well, winning about $200 ($3,080 in 2010 dollars) of what was essentially Tutt's money. Irritated by his losses and unwilling to admit defeat, Tutt suddenly reminded Hickok of a $40 debt from a horse trade. Hickok shrugged and paid the sum, but Tutt was unappeased. He then claimed that Hickok owed him an additional $35 from a past poker game, back when Hickok was still willing to play against Tutt. "I think you are wrong, Dave," said Hickok. "It's only twenty-five dollars. I have a memorandum
IOU (debt)
An IOU is usually an informal document acknowledging debt. An IOU differs from a promissory note in that an IOU is not a negotiable instrument and does not specify repayment terms such as the time of repayment. IOUs usually specify the debtor, the amount owed, and sometimes the creditor...
in my pocket."
Tutt grabbed one of Hickok's most prized possessions off the table, his Waltham Repeater
Waltham Watch Company
The Waltham Watch Company, also known as the American Waltham Watch Co. and the American Watch Co., produced about 40 million high quality watches, clocks, speedometers, compasses, time fuses and other precision instruments between 1850 and 1957...
gold pocket watch
Pocket watch
A pocket watch is a watch that is made to be carried in a pocket, as opposed to a wristwatch, which is strapped to the wrist. They were the most common type of watch from their development in the 16th century until wristwatches became popular after World War I during which a transitional design,...
, and crowed, "Fine, I'll just keep your watch 'til you pay me that thirty-five dollars!" Hickok was shocked and livid, but since all the other players were Tutt's allies, and the room was crowded; his hands were tied. Humiliated and stone-faced with anger, he quietly warned Tutt not to wear the watch in public. Tutt sneered back, "I intend on wearing it first thing in the morning!"
This was the breaking point for Hickok's patience. "If you do, I'll shoot you," Bill replied bluntly and calmly. "I'm warning you here and now not to come across that town square with it on." Hickok then immediately pocketed the rest of his winnings and left without further incident or conversation. The stage was set for the next day's events.
The gunfight
Though Tutt had humiliated his rival, Hickok's ultimatum essentially forced his hand. To go back on his very public boast would make everyone think he was afraid of Hickok, and so long as he intended to stay in Springfield, he could not afford to show cowardice. The next day, he arrived at the town square around 10 a.m. with Hickok's watch openly hanging from his waist pocket. The word quickly spread that Tutt was making good on his pledge to humiliate Hickok, and reached Hickok's own ears within an hour.According to the testimony of Eli Armstrong and supported by two other witnesses, John Orr and Oliver Scott, Hickok met Tutt at the square and, along with Armstrong and Orr, they sat to discuss the terms of the watch's return. Tutt now wanted $45, Armstrong tried to convince Tutt to accept the original $35 and negotiate for the rest later, but Hickok was still adamant that he only owed $25. Tutt then held the watch in front of Hickok and stated he would accept no less than $45. Both then said they didn't want to fight and they all went for a drink together. Tutt later left, went to the livery stable and then returned to the square.
At a few minutes before 6 p.m., Hickok was seen calmly approaching the square from the south, his Colt Navy in hand. His armed presence caused the crowd to immediately scatter to the safety of nearby buildings, leaving Tutt alone in the northwestern corner of the square. At a distance of about 75 yards (70 meters), Hickok stopped, facing Tutt, and called out, "Dave, here I am." He cocked his pistol, holstered it on his hip, and gave a final warning, "Don't you come across here with that watch." Tutt did not reply, but stood with his hand on his pistol.
Davis Tutt was acknowledged as the better marksman, but both showed courage by all accounts. Both men faced each other sideways in the dueling position and hesitated briefly. Then Tutt reached for his pistol. Hickok drew his gun and steadied it on his opposite forearm. The two men fired a single shot each at essentially the same time, according to the reports. Tutt missed, but Hickok's bullet struck Tutt in the left side between the fifth and seventh ribs. Tutt called out, "Boys, I'm killed," ran onto the porch of the local courthouse and back to the street, where he collapsed and died.
Trial and aftermath
The next day, a warrantArrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
was issued for Hickok's arrest and two days later he was arrested. Bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
was initially denied, as was common in murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
cases of the time. Hickok eventually posted a bail of $2,000 (2010:$30,800) on the same day, after the magistrate reduced the charge from murder to manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
based on the circumstances. Hickok was arrested under the name of William Haycocke (the name Hickok had been using in Springfield) for the manslaughter of David Tutt. During the trial, the names were amended to J. B. Hickok and Davis Tutt/Little Dave, "little" being the equivalent in that period for the present day "Junior" to indicate having the same name as the father.
Hickok's manslaughter trial began on August 3, 1865 and lasted three days. Twenty-two witnesses from the square testified at the trial. Hickok's lawyer was the prestigious Colonel John S. Phelps
John S. Phelps
John Smith Phelps was a politician, soldier during the American Civil War, and the 23rd Governor of Missouri.-Early life and career:...
, former wartime governor of Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
. The prosecution was led by Major Robert W. Fyan
Robert Washington Fyan
Robert Washington Fyan was a U.S. Representative from Missouri.Born in Bedford Springs, Pennsylvania, Fyan attended the common schools.He studied law....
, and the judge was Sempronius Boyd. The trial transcripts have been lost, but newspaper reports of the trial indicate that Hickok, as expected, claimed self-defense. The most disputed fact at the trial was who fired first. Only four witnesses actually watched the fight. Two claimed both men fired, but they could not tell who drew first. One said he was standing behind Hickok so he only saw Hickok draw, as his view of Tutt was blocked. Another said Tutt did not fire, but admitted noticing Tutt's gun had a discharged chamber. The other witnesses all stated that while they did not see the shooting, they heard only one shot.
Despite Hickok's claim of self-defense being technically illegitimate under the state law pertaining to mutual combat
Duel
A duel is an arranged engagement in combat between two individuals, with matched weapons in accordance with agreed-upon rules.Duels in this form were chiefly practised in Early Modern Europe, with precedents in the medieval code of chivalry, and continued into the modern period especially among...
(since he had come to the square armed and in expectation of a fight), the jury decided that he was still justified in shooting Tutt; the unwritten sensibilities of the time dictated that, as Tutt was both the initiator of the fight and the first to display overt aggression, and two witness reports indicated that Tutt was the first to reach for his pistol, Hickok was absolved of guilt for shooting him down. It was also noted that Hickok was seen as particularly honorable for giving Tutt several chances to avoid the conflict instead of simply shooting him the moment he felt he was being shown disrespect. Judge Sempronius Boyd gave the jury two apparently contradictory instructions. He first instructed the jury that a conviction was its only option under the law. He then instructed them that they could apply the unwritten law of the "fair fight" and acquit, an action known as jury nullification
Jury nullification
Jury nullification occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.A jury verdict contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of acquittals develops in response to repeated attempts to...
which allows a jury to make a finding contrary to the law. The trial ended with an acquittal on August 6, 1865, after the jury deliberated for only "an hour or two" before reaching a verdict of not guilty, a verdict that was not popular at the time. The verdict was both expected and well in keeping with the "trail law" of the day; as stated by a modern historian, "Nothing better described the times than the fact that dangling a watch held as security for a poker debt was widely regarded as a justifiable provocation for resorting to firearms."
Due to its notoriety, the gunfight has since received much research attention, with many writing that Hickok killed Tutt for no reason whatsoever, short of humiliation. Many have argued that while Hickok felt humiliated by Tutt wearing the watch, Tutt could also claim the same humiliation if he failed to wear the watch, essentially bowing to Hickok's warning. Several weeks after the gunfight, on September 13, 1865, Colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
George Ward Nichols, a writer for Harper's, sought out Hickok and began the interviews that would eventually turn the then-unknown gunfighter into one of the great legends of the Old West. Davis Tutt's body was buried in the Springfield City Cemetery and in March 1883 it was disinterred by Lewis Tutt, a former slave of the Tutt family, and reburied in Maple Park Cemetery.