When he was found out to be the key player in that swindle, the press researched his past and went after his lack of credibility. The big city newspapers were not like the small-town Tombstone Epitaph, which supported him while running biased articles to cover for his crimes. The syndicated press out of San Francisco went after him because they found him to be a fraud with a criminal past. And yes, as you can see below, even at the age of 63, every time Wyatt Earp did something newsworthy, he was in the newspapers.
The Los Angeles Herald published July 22, 1911:
Wyatt Earp, noted western "gun man" and survivor of the famous Earp-Clanton feud of early Arizona days, who acted as referee at the Sharkey-Fitzsimmons prize fight and is well known locally as a follower of sporting events, was Jailed last night, with Walter Scott and E. Dunn, on a charge of attempting to "bunco” J. Y. Peterson, a real estate dealer.
The Enterprise (Riverside) published July 23, 1911:
The Los Angeles Herald published on July 26, 1911:
Wyatt Earp, notorious Arizona “Gun man” and once a follower of the racing game in this city, was arraigned yesterday on a second charge originating in the alleged bunko game in which he, Walter Scott, and W. Dean are alleged to have tried to fleece J. Y. Peterson, a real estate man, out of $2500.
The Los Angeles Herald published on July 27, 1911:
After all the facts to be true in a demurrer filed yesterday in Police Judge Rose's court in the conspiracy cases against Wyatt Earp, Ed Dean and Walter Scott, in which they are charged with conspiracy to defraud J. Y. Peterson, a real estate man, out of $2,500, It is held by attorneys for the defendants that the complaint does not charge an offense against the public morals. The cases will come up for hearing on July 27, at which time the arguments on the demurrer will be heard.
San Diego Union and Daily Bee published on July 28, 1911:
Story by The Associated Press
I,os Angeles, —Wyatt Earp was arraigned today on a second charge originating in the alleged bunco game in which he, Waller Scott, and W. Dean arc alleged to have tried to fleece J. Y. Peterson, a real estate man, out of $2,500.
Los Angeles Herald published on September 28, 1911:
After several months in the justice court, the case of Wyatt Earp, a racing man, and Walter Scott, charged with conspiracy to conduct a gambling game, was dismissed yesterday by Police Judge Ross, and the two men were released.
Even at the age of 63, he was a con artist. Of course, this all took place 30 years after the 1881 shootout that took place in that alley near the rear of the O.K. Corral. That brief 30-second shooting was what most in Tombstone saw as the boiling point between two feuding factions. From everything that I've read on this, most of the support in Tombstone was divided before the shootout. Some were with the Earp faction while others were with the Clanton faction.
While people only paint the Clantons and McLaurys as outlaws, it is important to note that the Clantons and McLaurys were well-known and prosperous cattle ranchers, and their deaths in the gunfight at the O.K. Corral had a significant impact on the community. That is part of what led to such a large turnout at their funerals. The event has been described by some as being the largest funeral in Tombstone's history.
The Los Angeles Herald published July 22, 1911:
DETECTIVES TRAP WYATT EARP
Attempted Swindle of Realty Dealer in Faro Game Leads to Arrest
THREE HELD WITHOUT BAIL
J. Y. Peterson Tells Police of Plan to Get His Money at New Auditorium Hotel
Wyatt Earp, noted western "gun man" and survivor of the famous Earp-Clanton feud of early Arizona days, who acted as referee at the Sharkey-Fitzsimmons prize fight and is well known locally as a follower of sporting events, was Jailed last night, with Walter Scott and E. Dunn, on a charge of attempting to "bunco” J. Y. Peterson, a real estate dealer.
In a "fake” faro bank game, Peterson, who has offices at the 407 Stimson building. Instead of proving an easy victim, notified the police when the supposed "sure thing” was first broached to him by Earp and Scott last Thursday, with the result that the trio of alleged sharpers last night walked into a well-laid trap.
Detectives Browning, Burgess, and LaNeice making the arrests.
Earp, who, since race track gambling became a dead letter in California, is alleged to have devoted his time to fleecing the unwary in card games here, conceived the plot. It is declared, and with Scott and Dunn decided on Peterson as a likely victim.
Earp and Scott are alleged to have approached Peterson last Thursday morning and informed him of a scheme whereby it was represented the realty broker could reap benefits calculated to arouse his cupidity.
The old story of the hard-working and downtrodden "underdog” was told to Peterson, he said. Scott and Earp told him that they were working for the proprietor of the San Francisco club, which is supposed to be conducting faro games in Los Angeles and San Francisco. They said, according to Peterson, that they were receiving only $l0 a day apiece and felt they were being discriminated against by their employer.
They said they had been referred to Peterson as a sensible man by a man named Jack Roberts of Madera. According to Peterson, the two men proposed that Peterson be taught the tricks in the game of faro and various marked card systems, and that he enter a game to "break the bank.” It was agreed that Peterson was to bring $2,500 in currency to the rendezvous to exchange for chips with which to enter the faro game. In return, Peterson was to be allowed to win $4,000 from the bank, which he was to divide with the three dealers later.
When the two men departed, Peterson started for the office of Chief of Police Sebastian, to whom he related the story of the intended swindling game. As had been earlier agreed, Peterson called at 11 o'clock Thursday morning at rooms 425 and 426, New Auditorium Hotel, to go through a rehearsal so he would be able to carry out his part in the game of "breaking the bank.”
It was explained that all cards to come from the faro box would be marked with a pin punch through the center spot. In this way, the dealer would be able to tell the denomination of the card beneath the one exposed. If the card beneath was odd, it would show red or black through the pin hole. If even, it would show white.
All this was rehearsed on Thursday and again at 11 o'clock yesterday morning. In the meantime, the police were preparing for a raid. To make doubly sure. It was agreed that the dealer would put two fingers on the table if the coming card would be odd and one if it would be even.
Peterson was told that the faro bank had $40,000 in it, and that any time he wanted to gather in some "easy money,” he could beat the game and divide with the dealers. It was to be a continuous performance.
Peterson was asked if he could meet Scott at the Alexandria hotel at 7 o'clock last night. He replied he was going to a beach for the day and would not be back until 8 o'clock, so it was agreed that they would meet at that hour.
The engagement was kept, and Scott and Peterson left the Alexandria hotel shortly after 8 o'clock. All the while, Scott looked apprehensively over his shoulder and urged Peterson to go through the Hayward hotel on a detour to make sure no one followed. After several roundabout walks, the two came to Central Park and, passing in plain sight of the three waiting detectives, walked through the park and toward the hotel.
"Where are all the boys?” asked Peterson. "Oh, this is Friday, and most of the players are not here yet,” replied Earp.
On the pretense of waiting for the other players to arrive and, showing a reluctance to play without them, Peterson delayed action for about twenty minutes to give the detectives time to arrive. Then, with the remark that he would rather stake his roll when more were in the game, he walked to the door. Earp unlocked the door, and the detectives walked in, seized the three alleged sharpers, and confiscated the paraphernalia. The three were then taken to the central police station and held without bail. Complaints will be filed against them today.
The Enterprise (Riverside) published July 23, 1911:
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Try Tinhorn
As Plain Vag Faro Crook Gets Off Easy In Angel City Because Sucker Didn’t Dig
Story by Associated Press to The Enterprise.
LOS ANGELES, July 22. — Wyatt Earp, the sporting man who was arrested last night for an alleged attempt to fleece J. Y. Peterson, a realty broker, in a fake faro game, will be prosecuted on the charge of vagrancy. The charge was reduced because no money had passed hands when he was arrested. Earp has been released on $500 bail.
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The Los Angeles Herald published on July 26, 1911:
WYATT EARP GIVES BAIL IN ‘BUNKO GAME' CASES
Wyatt Earp, notorious Arizona “Gun man” and once a follower of the racing game in this city, was arraigned yesterday on a second charge originating in the alleged bunko game in which he, Walter Scott, and W. Dean are alleged to have tried to fleece J. Y. Peterson, a real estate man, out of $2500.
Dean and Scott were also arraigned. The second complaint issued against the men charges conspiracy to defraud on the part of the three alleged bunko men. Earp was released on both charges on $500 bonds.
Shortly after he gained his liberty, Scott and Dean managed to raise the $1,000 bonds each and were also allowed to go. The cases of vagrancy probably will be dismissed, but it is likely that the conspiracy charge will he prosecuted. This charge, however, does not take the cases out of police court jurisdiction.
Police Judge Hose is hearing the conspiracy cases, and Judge Chambers the vagrancy cases. Attorneys Karl Rogers and Frank Dominguez will defend Earp. The conspiracy cases were set for trial on July 27, while the vagrancy charges were put over until October.
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The Los Angeles Herald published on July 27, 1911:
EARP FILES DEMURRER TO CONSPIRACY CHARGE
After all the facts to be true in a demurrer filed yesterday in Police Judge Rose's court in the conspiracy cases against Wyatt Earp, Ed Dean and Walter Scott, in which they are charged with conspiracy to defraud J. Y. Peterson, a real estate man, out of $2,500, It is held by attorneys for the defendants that the complaint does not charge an offense against the public morals. The cases will come up for hearing on July 27, at which time the arguments on the demurrer will be heard.
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ARRAIGN WYATT EARP ON SWINDLE CHARGE
Story by The Associated Press
I,os Angeles, —Wyatt Earp was arraigned today on a second charge originating in the alleged bunco game in which he, Waller Scott, and W. Dean arc alleged to have tried to fleece J. Y. Peterson, a real estate man, out of $2,500.
Dean and Scott were also. arraigned the second complaint issued against the men charged with conspiracy to detain on the part of the three alleged bunco men. All were released from Jail on bail. The cases of vagrancy probably will be dismissed but it is likely that the conspiracy to defraud charge will be prosecuted.
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Los Angeles Herald published on September 28, 1911:
COURT DISMISSES CASES OF GAMBLING ‘CONSPIRACY’
Wyatt Earp and Companions, Arrested in Hotel, Discharged
After several months in the justice court, the case of Wyatt Earp, a racing man, and Walter Scott, charged with conspiracy to conduct a gambling game, was dismissed yesterday by Police Judge Ross, and the two men were released.
The cause of the dismissal was that the city prosecutor felt there was not sufficient evidence to have the men taken before a jury for trial. W. Dean, the third man caught in the raid, pleaded guilty several weeks ago and was given a suspended sentence. Scott had agreed to plead guilty to conspiracy but demanded a jury trial. The three were charged with conspiring to conduct a fake gambling game to fleece J.Y. Peterson, a real estate broker, of $2,500.
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Some point out how after the Earps and Holliday killed Billy Clanton and Frank McLaury, who were armed, and the also killed Tom McLaury who wasn't armed, the public opinion of the Earps shifted in favor of the Clanton faction. For evidence of that support, some point to how reports in the Tombstone Nugget and Tombstone Epitaph indicate that hundreds of people attended the funerals of Billy Clanton and Frank and Tom McLaury.
Specifically, there were approximately 300 people who took part and participated in the procession on foot. There were 22 carriages and buggies carrying mourners. There was one four-horse stagecoach. Also in the procession were horsemen who accompanied the procession, which extended for blocks. And yes, around 2,000 people turned out to watch the funeral procession from the sidewalks.
Folks today forget that the sentiment against the Earps increased after the Earps killed Frank Stillwell and Indian Charlie, also known as Florentino Cruz. The reason was simple. The public was appalled to learn that the mangled, bullet-riddled bodies of Frank Stillwell and Indian Charlie were murdered by the Earp posse in the same way. Coroner's examinations found that both men were shot with several different caliber weapons, which indicated that each of the members of Earp's posse took turns shooting the men -- even after they were dead. Since that wasn't how lawmen were expected to act, even back in the day, many at the time saw the Earps as nothing more than outlaws who acted out personal vengeance and murdered their enemies while wearing badges.
By 1896, Wyatt Earp's key role in the fixed Fitzsimmons vs. Sharkey fight was in the newspapers. It was a fixed fight that could not have been carried out without Wyatt Earp's direct involvement as the fight's referee. Along with Earp's association with gambling sharpies, members of the underworld, and con artists, this led to a significant amount of press and public scrutiny of Earp's morally questionable character.
For his remaining years, Wyatt Earp's public persona was far from the heroic figure often portrayed in popular culture today. While he tried to counteract newspaper accounts of his more illicit activities, it was items such as his attempt to fleece J. Y. Peterson out of $2,500 that made the public see him for the con artist that he was.
Wyatt Earp passed away in 1929 at age 80. After his death, an extremely flattering, overwhelmingly fictional biography, one written with Wyatt Earp’s cooperation, by author Stuart Lake, created the exaggerated myth of Wyatt Earp. It would take several decades after his death, and the help of Hollywood, to rewrite his history, for his image to become that of a "valiant lawman."
Tom Correa
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