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John Harris Behan (October 24, 1844 – June 7, 1912) was an American law enforcement officer and politician who served as
Sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland, the , which is common ...
of
Cochise County Cochise County ( ) is a county in the southeastern corner of the U.S. state of Arizona. It is named after Cochise, a Chiricahua Apache who was a key war leader during the Apache Wars. The population was 125,447 at the 2020 census. The county ...
in the
Arizona Territory The Territory of Arizona, commonly known as the Arizona Territory, was a territory of the United States that existed from February 24, 1863, until February 14, 1912, when the remaining extent of the territory was admitted to the Union as the ...
, during the gunfight at the O.K. Corral and was known for his opposition to the Earps. Behan was sheriff of
Yavapai County Yavapai County ( ) is a county near the center of the U.S. state of Arizona. As of the 2020 census, its population was 236,209, making it the fourth-most populous county in Arizona. The county seat is Prescott. Yavapai County comprises the Pr ...
from 1871 to 1873. He was married and had two children, but his wife divorced him, accusing him of consorting with prostitutes. He was elected to the Seventh Arizona Legislative Assembly, representing Yavapai County. In 1881,
Wyatt Earp Wyatt Berry Stapp Earp (March 19, 1848 – January 13, 1929) was an American lawman in the American West, including Dodge City, Kansas, Dodge City, Wichita, Kansas, Wichita, and Tombstone, Arizona, Tombstone. Earp was involved in the gunfight ...
served for about five months as
undersheriff An undersheriff (or under-sheriff) is an office derived from ancient Kingdom of England, English custom that remains in, among other places, England and Wales and the United States, though performing different functions. United States In Policing ...
of the eastern half of
Pima County Pima County ( ) is a County (United States), county in the south central region of the U.S. state of Arizona, one of 15 List of counties in Arizona, counties in the state. As of the 2020 United States census, 2020 census, the population was 1 ...
. When Wyatt resigned, Behan was appointed to fill his place, which included the mining
boomtown A boomtown is a community that undergoes sudden and rapid population and economic growth, or that is started from scratch. The growth is normally attributed to the nearby discovery of a precious resource such as gold, silver, or oil, although t ...
Tombstone A gravestone or tombstone is a marker, usually stone, that is placed over a grave. A marker set at the head of the grave may be called a headstone. An especially old or elaborate stone slab may be called a funeral stele, stela, or slab. The us ...
. When Cochise County was formed in February 1881, Behan was appointed as its first sheriff. Tombstone became the new
county seat A county seat is an administrative center, seat of government, or capital city of a county or parish (administrative division), civil parish. The term is in use in five countries: Canada, China, Hungary, Romania, and the United States. An equiva ...
and the location of Behan's office. Sadie Marcus was his mistress, possibly as early as 1875 in
Tip Top, Arizona Tip Top is a ghost town in Yavapai County in the U.S. state of Arizona. The town was settled in 1876 in what was then the Arizona Territory The Territory of Arizona, commonly known as the Arizona Territory, was a territory of the United ...
, and certainly from 1880 until she found him in bed with another woman and kicked him out in mid-1881. After the Gunfight at the O.K. Corral, Behan testified at length against the Earps. He supported the
Cowboys A cowboy is a professional pastoralist or mounted livestock herder, usually from the Americas or Australia. Cowboy(s) or The Cowboy(s) may also refer to: Film and television * ''Cowboy'' (1958 film), starring Glenn Ford * ''Cowboy'' (1966 film), ...
' statements that they had raised their hands and offered no resistance, and that the Earps and Doc Holliday had murdered three cowboys. After the Earps were exonerated, Deputy U.S. Marshal
Virgil Earp Virgil Walter Earp (July 18, 1843 – October 19, 1905) was an American lawman. He was both deputy U.S. Marshal and City Marshal of Tombstone, Arizona, Tombstone, Arizona Territory, Arizona, when he led his younger brothers Wyatt Earp, Wyatt a ...
was maimed in an ambush on December 28, 1881, and assistant deputy
Morgan Earp Morgan Seth Earp (April 24, 1851 – March 18, 1882) was an American sheriff and Marshal, lawman. He served as Tombstone, Arizona, Tombstone, Arizona Territory, Arizona's Special Policeman when he helped his brothers Virgil Earp, Virgil and W ...
was killed by assassins on March 18, 1882. The
outlaw An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so anyone was legally empowered to persecute or kill them. ...
Cowboys named as suspects in both shootings were either let go on a technicality or were provided alibis by fellow Cowboys. Wyatt Earp killed one of the suspects,
Frank Stilwell Frank C. Stilwell (1856 – March 20, 1882) was an outlaw Cowboy who killed at least two men in Cochise County during 1877–82. Both killings were considered to have been self-defense. For four months he was a deputy sheriff in Tombstone, Ar ...
, in Tucson. Deputy U.S. Marshal Wyatt and his federal posse set out after other suspects, pursued by Behan and his county posse composed mostly of Cowboys. Behan's posse never caught up with the much smaller federal posse. The Earps left Tombstone under a cloud of suspicion. Sadie left Tombstone for San Francisco in early 1882, and Wyatt Earp followed her to San Francisco, where they began a lifelong relationship that lasted 46 years. Behan was arrested for
graft Graft or grafting may refer to: *Graft (politics), a form of political corruption *Graft, Netherlands, a village in the municipality of Graft-De Rijp Science and technology *Graft (surgery), a surgical procedure *Grafting, the joining of plant ti ...
and later failed to win re-election as sheriff. He later was appointed as the warden of the
Yuma Territorial Prison The Yuma Territorial Prison is a former prison located in Yuma, Arizona, United States, that opened on July 1, 1876, and shut down on September 15, 1909. It is one of the Yuma Crossing and Associated Sites on the National Register of Historic ...
and had various other government jobs until his death in 1912.


Early life

Behan was born on October 24, 1844, in Westport, Missouri, in what is now
Kansas City The Kansas City metropolitan area is a bi-state metropolitan area anchored by Kansas City, Missouri. Its 14 counties straddle the border between the U.S. states of Missouri (9 counties) and Kansas (5 counties). With and a population of more t ...
, the third of nine children. His parents, who had wed on March 16, 1837, in
Jackson County, Missouri Jackson County is located in the western portion of the U.S. state of Missouri, on the border with Kansas. As of the 2020 United States census, 2020 census, the population was 717,204. making it the second-most populous county in the state (af ...
, were Peter Behan, a carpenter from
County Kildare County Kildare () is a Counties of Ireland, county in Ireland. It is in the Provinces of Ireland, province of Leinster and is part of the Eastern and Midland Region. It is named after the town of Kildare. Kildare County Council is the Local gove ...
,
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, and Sarah Ann Harris, a native of
Madison County, Kentucky Madison County is a county located in the central part of the U.S. state of Kentucky. At the 2020 census, its population was 92,701. Its county seat is Richmond. The county is named for Virginia statesman James Madison, who later became the f ...
. John Harris Behan was named for his mother's family and his maternal grandfather, although the 1900 Federal census reports an 1845 date of birth for him. Behan moved west to San Francisco, working as a miner and a freighter. During the American Civil War, Behan was a 19-year-old civilian employee of Carleton's Column of Union Volunteers in California. He fought in the
Battle of Apache Pass The Battle of Apache Pass was fought in 1862 at Apache Pass, Arizona, in the United States, between Apache warriors and the Union volunteers of the California Column. It was one of the largest battles between the Americans and the Chiricahu ...
on July 14–15, 1862 and in 1863 settled in Tucson, where he found work delivering freight to military installations. In 1864, he served as a clerk to the First Arizona Legislative Assembly in Prescott, the territorial seat. This brought 19-year-old Behan into contact with some of the most influential men in the state.


Moves to Arizona

In 1865, he moved to Prescott, the new capital of the Arizona Territory, where he speculated in real estate and prospected for minerals. While prospecting along the
Verde River The Verde River ( Yavapai: Haka'he:la) is a major tributary of the Salt River in the U.S. state of Arizona. It is about long and carries a mean flow of at its mouth. It is one of the largest perennial streams in Arizona. Description The ri ...
February 28, 1866, five other men and he were attacked by Indians. Behan helped fight them off and gained a reputation as a brave man. He also operated a sawmill.
Yavapai County Yavapai County ( ) is a county near the center of the U.S. state of Arizona. As of the 2020 census, its population was 236,209, making it the fourth-most populous county in Arizona. The county seat is Prescott. Yavapai County comprises the Pr ...
Sheriff John P. Bourke married German immigrant and widow Harriet Zaff in 1860. She had four children from her two prior marriages: Benjamin, Catherine, Victoria, and Louisa. Bourke hired Behan as an undersheriff in 1866, and fourteen-year-old Victoria caught Behan's eye. After two years Behan resigned to run for Yavapai County Recorder, which he won in 1868 at age 23. It was one of the most important jobs in the county as he was responsible for maintaining accurate records that were the basis for all taxes collected. Whenever he was not holding office, Behan worked in various saloons or mines.


Marriage and family

In March 1869, Behan married Bourke's step-daughter Victoria Zaff in San Francisco, Bourke's home town. Victoria was already pregnant. The couple quickly returned to
Prescott, Arizona Prescott ( ) is a city in and the county seat of Yavapai County, Arizona, United States. As of 2020 United States census, 2020 Census, the city's population was 45,827. In 1864, Prescott was designated as the capital of the Arizona Territory, r ...
Territory. Only three months later, on June 15, 1869, Victoria had her first child, Henrietta. Victoria and Johnny later had a son, Albert Price Behan, born in Prescott on July 7, 1871 or 1872 (d. January 27, 1949).


Political office

Behan succeeded his father-in-law in office as the Yavapai County sheriff from January 1871 to December 1873. He took a chance at a more important position and in 1873 successfully ran for office as Yavapai County's representative to the Seventh Arizona Legislative Assembly. The Territorial Legislature met in Tucson or Prescott for a six- to eight-week legislative session, and Behan attended his first session in January 1874 in Tucson. On September 28, 1874, Behan was nominated as sheriff at the Democratic convention in Yavapai County. The ''Prescott Miner'' reported on October 6, 1874, that "J.H. Behan left on an 'electioneering' tour toward Black Canyon, Wickenburg and other places" north and east of present-day Phoenix. Behan was gone for 35 days campaigning for the sheriff's office.


Meets Sadie Marcus

Some accounts state that Sadie Marcus ran away from her parents' home in San Francisco in 1874 and traveled to Prescott, Arizona. Her friend Dora Hurst and she, with other passengers on a stage coach, had been forced to hole up in a ranch house near Cave Creek by
Apache The Apache ( ) are several Southern Athabaskan language-speaking peoples of the Southwestern United States, Southwest, the Southern Plains and Northern Mexico. They are linguistically related to the Navajo. They migrated from the Athabascan ho ...
Indians, who had escaped the Cave Creek reservation. Indian fighter Al Sieber was tracking the Apaches. Sadie said the famous Indian scout led them to safety. According to Sadie, she first met "John Harris" here, whom she described as, "young and darkly handsome, with merry black eyes and an engaging smile". She said, "my heart was stirred by his attentions as the heart of any girl (would) have been under such romantic circumstances. The affair was at least a diversion in my homesickness, though I cannot say I was in love with him."


Divorce from Victoria Zaff

Behan returned to Prescott on November 11, 1874, but lost the election. He apparently spent considerable time away from home, either at saloons along Prescott's Whisky Row or at nearby brothels. His affairs were finally too much for Victoria. On May 22, 1875, Behan's fortunes took a turn for the worse when Victoria filed for divorce. While being divorced alone wasn't completely unusual, Victoria took the extra step of asserting in her divorce petition that Behan "has within two years last past at divers times and places openly and notoriously visited houses of ill-fame and prostitution at said town of Prescott." Witness Charles Goodman testified, "I saw the defendant ehanat a house of ill-fame … at which resided one Sada Mansfield, commonly called Sada, a woman of prostitution and ill-fame, and the said defendant did at the time and at the house spoken of, stay all night with and sleep with the said Sada Mansfield, and I know of the defendant having committed similar acts at the same place and at various times than at the particular time referred to." The divorce action also cited Behan's threats of violence and unrelenting verbal abuse. Victoria told the court, Behan approached her in a "threatening and menacing manner calling me names such as whore and other epithets of like character and by falsely charging me with having had criminal intercourse with other men, threatened to turn me out of the house, quarreling with, and abusing me, swearing and threatening to inflict upon me personal violence." Behan claimed their daughter Henrietta was not his, and Victoria's request for support for Henrietta was stricken from the divorce petition. He didn't contest any of her other allegations and was ordered to pay $16.16 a month in child support for Albert alone. Henrietta died on March 6, 1877, at age seven of scarlatina. Behan did not restrict his extramarital liaisons to paid arrangements. Throughout his life, he had sexual relationships with numerous women, including the wives of friends and business partners.


Opens saloon in Tip Top

In April 1876, Behan became the census marshal for Yavapai County, and spent several weeks covering the district and completing his census chores. In the fall of 1876, he ran for Yavapai County sheriff and lost by 78 votes. In January 1877, he was selected as
sergeant at arms A serjeant-at-arms or sergeant-at-arms is an officer appointed by a deliberative body, usually a legislature, to keep order during its meetings. The word "serjeant" is derived from the Latin , which means "servant". Historically, serjeants-at-a ...
for the Ninth Legislative Assembly while it met in Tucson. He then moved to the northwest Arizona Territory, where he served as the
Mohave County Mohave County occupies the northwestern corner of the U.S. state of Arizona, one of 15 counties in the state. As of the 2020 census, its population was 213,267. The county seat is Kingman, and the largest city is Lake Havasu City. It is th ...
Recorder in 1877, and then deputy sheriff of
Mohave County Mohave County occupies the northwestern corner of the U.S. state of Arizona, one of 15 counties in the state. As of the 2020 census, its population was 213,267. The county seat is Kingman, and the largest city is Lake Havasu City. It is th ...
in
Gillet Gillet is a Belgian automobile manufacturer, started in 1992 by former racing driver Tony Gillet. The company produces the Vertigo sports coupé, an ultra-lightweight (990 kg) 'bespoke' and hand-built sportscar. The slogan of the company is ...
in 1879. In October 1879 the ''Weekly Journal Miner'' reported that Behan was planning on opening a business in Tip Top, a then fast-growing silver mining town in central Arizona, and in November 1879, Behan opened a saloon there. He was elected to represent Mohave County at the Tenth Arizona Legislative Assembly, which met beginning January 6, 1879, in Prescott. In the middle of 1879, he relocated to Prescott, where he opened a business providing services to local mines and exercised his skills as a lawman by joining several posses. While in Prescott, he got into a skirmish with some Chinese laundry men, and outnumbered, was clubbed and beaten by the businessmen. On June 2, 1880, Behan was counted in the 1880 census in Tip Top, Arizona as a saloon keeper. His was initially the only one of six saloons without a prostitute. But 19-year-old Sadie Mansfield, whose occupation was given as "Courtesan", the same person that his former wife Victoria had named in their divorce five years earlier, was also living in Tip Top. On June 2, 1880, the U.S. census had recorded Sadie Mansfield, whose occupation was "
courtesan A courtesan is a prostitute with a courtly, wealthy, or upper-class clientele. Historically, the term referred to a courtier, a person who attended the court of a monarch or other powerful person. History In European feudal society, the co ...
", as living in Tip Top. On June 1 or 2, 1880, William V. Carroll, the census enumerator for the 9th ward in San Francisco, visited the Marcus home. He lived about two blocks from the family. He recorded Josephine as a member of the Marcus household, information that may have been offered by her parents. Sadie Mansfield and Sadie Marcus also were both 19 years old, born in New York, and their parents were from Prussia. According to Josephine, at some point she felt ill and returned to her parents' home in San Francisco. She said Behan followed her and persuaded her parents to approve their engagement. Some modern researchers question the likelihood that her father, a Reform Jew, would approve her union with Behan, an unemployed office-seeker, 14 years older than his daughter, a
Gentile ''Gentile'' () is a word that today usually means someone who is not Jewish. Other groups that claim Israelite heritage, notably Mormons, have historically used the term ''gentile'' to describe outsiders. More rarely, the term is used as a synony ...
, and a divorced father. Sadie later said Behan told her parents that he couldn't leave his livery stable business for a wedding in San Francisco and Sadie said her parents approved their engagement.


Moves to Tombstone

In August 1880, Behan sought the nomination as County Recorder in Yavapai County once more, but was defeated. On September 15, ''The Epitaph'' noted his arrival with his eight-year-old son Albert in Tombstone. Albert, who had a hearing impairment, had been living with his mother, grandmother and his uncle John Bourke Jr. in Prescott in 1880.


Sadie Marcus joins him

Depending on which version of events is correct, Sadie said she first arrived in Tombstone as part of the Pauline Markham troupe on December 1, 1879, for a one-week engagement. The Pauline Markham troupe put on more than a dozen performances of ''
H.M.S. Pinafore ''H.M.S. Pinafore; or, The Lass That Loved a Sailor'' is a comic opera in two acts, with music by Arthur Sullivan and a libretto by W. S. Gilbert. It opened at the Opera Comique in London on 25 May 1878, and ran for 571 performances, w ...
'' from December 24, 1879, through February 20, 1880. Sadie, possibly using the stage name May Bell, may have played Cousin Hebe. The city of Prescott, Arizona, fell in love with the troupe, and they stayed for nearly six months. Sadie reported later in life that Behan pestered her in San Francisco with letters from Tombstone, bragging about the growing town and promising to marry her. She said she thought Behan's marriage proposal was a good excuse to leave home again. She wrote, "life was dull for me in San Francisco. In spite of my bad experience of a few years ago the call to adventure still stirred my blood." Josephine arrived in Tombstone in mid-October. When Behan avoided setting a wedding date, she was ready to end the relationship, but Behan persuaded her to stay. They lived together as husband and wife, and Josephine signed her name as Josephine Behan for a period of time, but no marriage record has been found. Sadie later said she lived with a lawyer and his wife during this time period. Considering that Josephine said she first arrived in Arizona with the Markham troupe on December 1, 1879, and she joined Behan in Tombstone in October 1880, her reference to "my bad experience of a few years ago" means she must have actually been in Arizona for some time before 1879. Based on the information Sadie provided the Earp cousins with, when correlated with other sources, Josephine may have left San Francisco for Prescott as early as October 1874, when she was 13 or 14 years old. Author Roger Ray thoroughly researched Josephine's story about joining the theater company and found many inconsistencies. The Markham troupe was documented as leaving San Francisco on board the
Southern Pacific Railroad The Southern Pacific (or Espee from the railroad initials) was an American Railroad classes#Class I, Class I Rail transport, railroad network that existed from 1865 to 1996 and operated largely in the Western United States. The system was oper ...
, not a ship nor a stagecoach, for Casa Grande, Arizona in October 1879, the end of the line. Sadie Marcus's name was never included among those on the Markham troupe's rolls in 1879. The Yuma ''Arizona Sentinel'' reported on October 25, 1879, "Tuesday arrived a ''Pinafore'' Company for Tucson, composed of Misses Pauline Markham, Mary Bell, Belle Howard, and Mrs. Pring, and Messrs. Borabeck and McMahon." From Yuma, the troupe took a stagecoach to Tucson, not Prescott. The train trip was not interrupted by Indians. Ray states that Josephine didn't have a friend named Dora Hirsch. Her real name was Leah Hirschberg, whose mother was actually a music teacher. This family lived only a few blocks from where Josephine lived with her family. But Leah never left San Francisco with Josephine. She instead enjoyed some brief success as a juvenile actress on the San Francisco stage during the 1870s.
Bat Masterson Bartholemew William Barclay "Bat" Masterson (November 26, 1853 – October 25, 1921) was a U.S. Army scout, lawman, professional gambler, and journalist known for his exploits in the late 19th and early 20th-century American Old West. He was bo ...
, a friend of Wyatt Earp's who was in Tombstone from February to April 1881, described Sadie to
Stuart Lake Stuart Lake, or Nak'albun ("Mount Pope Lake", ) in the Carrier (Dakelh) language is a lake situated in the Northern Interior of British Columbia, Canada. The town of Fort St. James is situated by the lake near the outlet ( Stuart River or Nak' ...
as "an incredible beauty" and as the "belle of the honkytonks, the prettiest dame in three hundred or so of her kind." Honkytonk bars in that era often had a reputation as place for prostitution and his choice of language ("three hundred or so of her kind") may have referred to Josephine's work as a prostitute.


Elected Undersheriff and sheriff

When Behan first arrived in Tombstone in September 1880, he also got a job bar manager in the Grand Hotel, a favorite of the
outlaw An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so anyone was legally empowered to persecute or kill them. ...
Cowboys A cowboy is a professional pastoralist or mounted livestock herder, usually from the Americas or Australia. Cowboy(s) or The Cowboy(s) may also refer to: Film and television * ''Cowboy'' (1958 film), starring Glenn Ford * ''Cowboy'' (1966 film), ...
, and a good place to make political connections. He also bought part interest in the Dexter
Livery Stable A livery yard, livery stable or boarding stable, is a stable where horse owners pay a weekly or monthly fee to keep their horses. A livery or boarding yard is not usually a riding school and the horses are not normally for hire (unless on wor ...
with John Dunbar, where local businessmen could rent horses. Wyatt Earp had been appointed undersheriff for the eastern section of Pima County by Pima County Sheriff Charles Shibell on July 29, 1880. The Cowboys, mostly Southerners, supported the Democratic ticket and Shibell. Elections were held on November 2, and it was expected that Democrat Shibell would be defeated by Republican Bob Paul, who Wyatt had supported during the campaign. Shibell won the election by a 46-vote margin. Opponent Bob Paul filed suit on November 19 alleging
ballot box stuffing Electoral fraud, sometimes referred to as election manipulation, voter fraud, or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share o ...
in the San Simon Cienega precinct, since the precinct delivered a 103 to 1 vote for Shibell in a precinct estimated to contain only 15 eligible voters. James Johnson later testified for Bud Paul in the election hearing and said that the ballots had been left in the care of Democrat Phin Clanton. Meanwhile, a week after the election on November 9, 1880, Earp resigned. The position of undersheriff was now open, and Shibell immediately selected Democrat Johnny Behan to serve as Tombstone area undersheriff. In February 1881, the San Simon results were thrown out by the election commissioners, but Shibell filed an appeal. Shibell was finally removed from office in April and replaced by Bob Paul. But the election was now moot. On February 1, 1881, during the vote counting investigation, the eastern area of Pima County containing Tombstone had been split off to form the new Cochise County. Behan's partner in the Dexter Livery, John Dunbar, through his family in their home town in Bangor, Maine, was "close family friends" of the powerful Senator
James G. Blaine James Gillespie Blaine (January 31, 1830January 27, 1893) was an American statesman and Republican politician who represented Maine in the United States House of Representatives from 1863 to 1876, serving as speaker of the U.S. House of Rep ...
, one of the most powerful Republican congressmen of his time. The Dunbars used their influence to help Behan get appointed sheriff of the new Cochise County, in February 1881. Behan had already served two terms in the Territorial Legislature and was more politically connected than Earp. When the state created Cochise County, Governor
John C. Frémont Major general (United States), Major-General John Charles Frémont (January 21, 1813July 13, 1890) was a United States Army officer, explorer, and politician. He was a United States senator from California and was the first History of the Repub ...
appointed, and the territorial legislature approved, Behan as sheriff on February 10, 1881. In a back room deal with Wyatt Earp, he promised Wyatt Earp a position as Cochise County undersheriff, if Earp (the only other previous undersheriff for Tombstone) would not oppose Behan's appointment. Behan took office in the new position in April, with his offices in the county seat, Tombstone, but reneged on the deal with Earp, appointing prominent Democrat Harry Woods instead. Later that year, Behan gave a contrived explanation of his actions during the hearings after the gunfight at the O.K. Corral. He said he broke his promise to appoint Earp because of an incident shortly before his appointment. Searching for a stolen horse belonging to him, Wyatt learned in late 1880 that the horse was in nearby Charleston. Wyatt spotted Billy Clanton attempting to leave town with the horse and, hand on his gun, persuaded Billy to release it. Behan was in Charleston to serve a subpoena on Ike Clanton. Billy carried the
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
from Behan to Ike using Wyatt's horse. Ike was hopping mad when Behan finally found him, for Earp had told Clanton that Behan "had taken a posse of nine men down there to arrest him." Behan took offense at Wyatt's tactics and changed his mind about appointing Wyatt. Holliday reported in an interview in 1882 that "from that time a coolness grew up between the two men."


Corruption charges

As Cochise County sheriff, one of Behan's duties was collecting prostitution, gambling, liquor, and theater fees, taxes for which he received 10% of all proceeds. He developed a reputation for graft and was seen as the head of the " Ten Percent Ring". Rumors of
graft Graft or grafting may refer to: *Graft (politics), a form of political corruption *Graft, Netherlands, a village in the municipality of Graft-De Rijp Science and technology *Graft (surgery), a surgical procedure *Grafting, the joining of plant ti ...
and corruption followed him during his tenure as sheriff. On January 31, 1882, Behan was arrested for collecting bills totaling $300 twice, arraigned in front of Justice Stilwell, and discharged due to a technicality. In 1882, after
Southern Pacific Railroad The Southern Pacific (or Espee from the railroad initials) was an American Railroad classes#Class I, Class I Rail transport, railroad network that existed from 1865 to 1996 and operated largely in the Western United States. The system was oper ...
completed laying tracks and building facilities across the northern portion of Cochise County, he assessed them $8,000,000, which they appealed. The Board of Supervisors reduced the assessment to $1,000,000, substantially reducing Behan's take by $25,000.


His son Albert in Tombstone

Behan's ex-wife Victoria in 1881 and sent Albert to live with his father in Tombstone sometime afterward. Behan was already living with Sadie in 1880, and Albert grew close to her. This relationship lasted for much of the rest of their lives.


Beginnings of friction with Wyatt Earp

Wyatt Earp testified later saying that he had promised not to publicly campaign to the governor against the appointment (not election) of Behan, in return for an appointment by Behan as Behan's own undersheriff. But after being appointed, Behan appointed another man,
Southern Democrat Southern Democrats are members of the U.S. Democratic Party who reside in the Southern United States. Before the American Civil War, Southern Democrats mostly believed in Jacksonian democracy. In the 19th century, they defended slavery in the ...
Harry Woods, to the position that Wyatt thought would go to him. At the preliminary hearing into Ike's murder charges against the Earps after the gunfight at the O.K. Corral, Behan explained that he appointed Woods rather than Earp due to an incident involving a stolen horse of Virgil Earp's, which was recovered by Wyatt from Billy Clanton. This happened sometime after Behan had been appointed undersheriff in November 1880, and his move to Cochise County sheriff the next spring. At the time, Wyatt was not a law officer, but had used the threat of Behan riding out to the Clantons' ranch as a bluff to get Clanton to turn over the horse. As it happened, Behan was riding to the ranch to serve a subpoena related to the ballot-box stuffing incident, not to recover the horse, and the incident embarrassed the
Cowboys A cowboy is a professional pastoralist or mounted livestock herder, usually from the Americas or Australia. Cowboy(s) or The Cowboy(s) may also refer to: Film and television * ''Cowboy'' (1958 film), starring Glenn Ford * ''Cowboy'' (1966 film), ...
and also Behan, who for a time had been made to look like he was supporting Earp against the Cowboys.


Split from Sadie

Sometime during early 1881, Sadie arrived home to find Behan in bed with the wife of a friend of theirs, and she kicked Behan out of the home they had built with her father's money. One version of the story is that Sadie had taken Albert, who had a hearing impairment, to San Francisco for treatment. Upon their return, they arrived late in the evening and a day earlier than expected. They found Behan in bed with another woman. Behan was embarrassed by the public breakup. Most Tombstone residents thought that Marcus and Behan were legally married. Her breakup with Behan was publicized by '' The Tombstone Epitaph''. Tombstone diarist George W. Parsons never mentioned seeing Wyatt and Sadie together and neither did John Clum in his memoirs. Earp had been in a common-law marriage with Mattie Blaylock since about 1873 and she was listed as his wife in the 1880 census. It is not known when Earp and Blaylock ended their relationship, except that after the gunfight at the O.K. Corral, she went to Colton, California, where the rest of the Earp family lived. She waited for Earp to come get her there and when he didn't, she resumed a life of prostitution in Pinal, Arizona, where on July 3, 1888, she took a lethal dose of
laudanum Laudanum is a tincture of opium containing approximately 10% powdered opium by weight (the equivalent of 1% morphine). Laudanum is prepared by dissolving extracts from the opium poppy (''Papaver somniferum'') in alcohol (ethanol). Reddish-br ...
together with alcohol. Her death was officially ruled as "
suicide Suicide is the act of intentionally causing one's own death. Risk factors for suicide include mental disorders, physical disorders, and substance abuse. Some suicides are impulsive acts driven by stress (such as from financial or ac ...
by
opium Opium (also known as poppy tears, or Lachryma papaveris) is the dried latex obtained from the seed Capsule (fruit), capsules of the opium poppy ''Papaver somniferum''. Approximately 12 percent of opium is made up of the analgesic alkaloid mor ...
poisoning".


Affiliation with the Cowboys

The records show evidence that Cochise County Marshall Behan was sympathetic to the interests of and a friend to
Ike Clanton Joseph Isaac Clanton (c. 1847 – June 1, 1887) was a member of a loose association of outlaws known as Cochise County Cowboys, The Cowboys who clashed with lawmen Wyatt Earp, Wyatt, Virgil Earp, Virgil and Morgan Earp as well as Doc Holliday. ...
, "Curly Bill" Brocius, as well as Johnny Ringo, and a group of cattle rustlers and ranchers, loosely known as "
Cowboys A cowboy is a professional pastoralist or mounted livestock herder, usually from the Americas or Australia. Cowboy(s) or The Cowboy(s) may also refer to: Film and television * ''Cowboy'' (1958 film), starring Glenn Ford * ''Cowboy'' (1966 film), ...
". Some of the Cowboys were also active as rustlers in the U.S. side of the border after the Mexicans lowered tariffs and stepped up military patrols after 1882. Frank Stilwell was an assistant Deputy under Behan for several months until shortly before he was a suspect in the Bisbee stage holdup. Behan employed several of the outlaws as sheriff's deputies during their pursuit of Deputy U.S. Marshal
Wyatt Earp Wyatt Berry Stapp Earp (March 19, 1848 – January 13, 1929) was an American lawman in the American West, including Dodge City, Kansas, Dodge City, Wichita, Kansas, Wichita, and Tombstone, Arizona, Tombstone. Earp was involved in the gunfight ...
's posse after he was alleged to have killed
Frank Stilwell Frank C. Stilwell (1856 – March 20, 1882) was an outlaw Cowboy who killed at least two men in Cochise County during 1877–82. Both killings were considered to have been self-defense. For four months he was a deputy sheriff in Tombstone, Ar ...
in Tucson


Gunfight at the O.K. Corral

In August 1881, Behan fired deputy
Frank Stilwell Frank C. Stilwell (1856 – March 20, 1882) was an outlaw Cowboy who killed at least two men in Cochise County during 1877–82. Both killings were considered to have been self-defense. For four months he was a deputy sheriff in Tombstone, Ar ...
for "accounting irregularities". Stilwell was arrested by a combined federal and sheriff's posse a month later for a Bisbee stage robbery, an action that would indirectly lead to the O.K. Corral gunfight. Behan was a key player in the events immediately preceding the shootout at the O.K. Corral on October 26, 1881. Behan went down to try to disarm the Cowboys carrying weapons in violation of city ordinance. Behan attempted to persuade Frank McLaury to give up his weapons, but Frank insisted that he would only give up his guns after City
Marshal Marshal is a term used in several official titles in various branches of society. As marshals became trusted members of the courts of Middle Ages, Medieval Europe, the title grew in reputation. During the last few centuries, it has been used fo ...
Virgil Earp and his brothers were disarmed. While Ike Clanton was planning to leave town, Frank McLaury said he had decided to remain behind to take care of some business. A letter written afterward by their older brother, William McLaury, a judge in
Fort Worth, Texas Fort Worth is a city in the U.S. state of Texas and the county seat of Tarrant County, Texas, Tarrant County, covering nearly into Denton County, Texas, Denton, Johnson County, Texas, Johnson, Parker County, Texas, Parker, and Wise County, Te ...
, claimed that both Frank and Tom were planning to conduct business before leaving town to visit him in Fort Worth. Billy Clanton, who had arrived on horseback with Frank, intended to go with the McLaurys to Fort Worth. After Behan talked to the Cowboys, he saw the Earps and Holliday walking down Fremont Street. He walked about "22 or 23 steps" and intercepted them at Bauer's Butcher Shop. Wyatt said he gave them conflicting information. First, he told Virgil, "For God's sake don't go down there or you will get murdered." When Virgil replied, "I am going to disarm them," Behan said, "I have disarmed them." Later on Behan insisted he had said he went to see the Cowboys only "for the purpose of arresting and disarming them."


Behan attempts arrest

The lawmen killed three Cowboys: Tom McLaury, Billy Clanton and Frank McLaury. Virgil, Morgan, and Doc Holliday were wounded. As the lawmen were carried to their homes, they passed in front of the Sheriff's Office, and Johnny Behan told Wyatt Earp, "I will have to arrest you." Wyatt paused two or three seconds and replied very forcibly: "I won't be arrested today. I am right here and am not going away. You have deceived me. You told me these men were disarmed; I went to disarm them."


Behan testimony

As provided by territorial law, Ike Clanton filed murder charges against the four lawmen. Behan testified for the prosecution during the preliminary hearing, supporting the Clanton's version of events. According to the prosecution, the Cowboys had offered no resistance. Behan gave strong testimony that the Cowboys had not resisted but had thrown up their hands and turned out their coats to show they were not armed. He told the court that he heard Billy Clanton say, "Don't shoot me. I don't want to fight." He also testified that Tom McLaury threw open his coat to show that he was not armed and that the first two shots were fired by the Earp party. Behan testified that from the time the Earps passed him by to confront the Cowboys, he had watched them closely. Under cross-examination by attorney Thomas Fitch, he admitted seeing Holliday carrying the messenger shotgun towards the confrontation. All the witnesses testified that Holliday had been seen with a shotgun. Behan also testified he was concentrating on the Earps during the gun fight, but he did not see the shotgun used. He insisted that Holliday fired the first shot from a nickel-plated revolver. But the coroner had already testified that Tom McLaury was killed by a shotgun blast. For Behan's "testimony to make any sense, the court would have to believe that Holliday marched down Fremont Street carrying a shotgun; put it aside in order to pull out his pistol; fired the first shot, presumably at Billy Clanton; and then picked up the shotgun in order to kill Tom McLaury—all in the space of a few seconds." Behan's sympathy to the
Cowboys A cowboy is a professional pastoralist or mounted livestock herder, usually from the Americas or Australia. Cowboy(s) or The Cowboy(s) may also refer to: Film and television * ''Cowboy'' (1958 film), starring Glenn Ford * ''Cowboy'' (1966 film), ...
was well known, and documents were located in 1997 that showed Behan served as
guarantor In finance, a surety , surety bond, or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. Usually, a surety bond or surety is a promise by a person or company (a ''sure ...
for a loan to Ike Clanton during the Spicer hearing that followed.


Testimony discredited

Three defense witnesses gave key evidence that discredited Behan's testimony. One of the most notable witnesses was H. F. Sills, an AT&SF RR engineer who had just arrived in town and knew none of the parties involved. The second key witness was Addie Bourland, a dressmaker whose shop was across the street from the gunfight, and the third was Judge J.H. Lucas of the Cochise County Probate Court, who corroborated Addie Bourland's testimony. Justice Wells Spicer ruled on November 30 that there was not enough evidence to indict the men.


Seeks Earps' arrest

On December 28, 1881, Virgil Earp was ambushed and maimed. On March 18, assassins shot through a window and killed
Morgan Earp Morgan Seth Earp (April 24, 1851 – March 18, 1882) was an American sheriff and Marshal, lawman. He served as Tombstone, Arizona, Tombstone, Arizona Territory, Arizona's Special Policeman when he helped his brothers Virgil Earp, Virgil and W ...
. The Cowboys who were identified as suspects in both cases got off on either legal technicalities or were provided alibis by men who said they were in Charleston at the time Morgan was shot. Wyatt felt he had no choice but to take the law into his own hands. On March 20, while escorting Virgil and his wife Addie through Tucson to catch a train, new Deputy U.S. Marshal Wyatt Earp and
Warren Earp Warren Baxter Earp (March 9, 1855 – July 6, 1900) was an American frontiersman and Sheriff, lawman. He was the youngest of Earp brothers, Wyatt Earp, Wyatt, Morgan Earp, Morgan, Virgil Earp, Virgil, James Earp, James, and Newton Earp. Although ...
, Doc Holliday, Johnson and Sherman McMaster shot
Frank Stilwell Frank C. Stilwell (1856 – March 20, 1882) was an outlaw Cowboy who killed at least two men in Cochise County during 1877–82. Both killings were considered to have been self-defense. For four months he was a deputy sheriff in Tombstone, Ar ...
as he was lying in wait in the train yard. Justice of the Peace Charles Meyer issued
arrest warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual's property. Canada Arrest warrants are issued by a jud ...
s for the Earp posse. He sent a telegram to Tombstone telling Behan they were wanted in Tucson for killing Stilwell. The telegraph office manager was a friend to the Earps and delayed delivery long enough to allow the Earps and their associates to get ready to leave town Tuesday evening. Behan got the telegram in the early evening. He found the men in the lobby of the Cosmopolitan Hotel, heavily armed. He told Wyatt he wanted to see him. Wyatt replied, "Johnny, if you're not careful, you'll see me once too often." In September 1882, after the
Earp Vendetta Ride The Earp Vendetta Ride was a deadly search by a federal posse led by Deputy U.S. Marshal Wyatt Earp for a loose confederation of outlaw "Cowboys" they believed had ambushed his brothers Virgil and Morgan Earp, maiming the former and killing th ...
, Behan had a feud with his own deputy, Billy Breakenridge. An investigation found that Behan had somehow set aside $5,000 in funds while he was sheriff from unknown sources. Due to public and legislative unhappiness with Behan's performance, he was last on the Democratic Party's list of nominees for sheriff, an unusual result for a seated sheriff. Behan failed to gain the nomination and thus left office at the end of his term, in November 1882.


Later life

Behan lived primarily in Tombstone through 1886. In 1887, he moved to Yuma, where he became the assistant superintendent of the Yuma Penitentiary. He killed one of several prisoners who died during a large escape attempt, saving a guard's life. On April 7, 1888, he was promoted to prison superintendent, serving until July 1890. His management of the prison was marked by prison disorder and mismanagement of public funds, generating complaints by the press. The ''Arizona Republic'' noted that $50,000 had passed through prison official's hands without any accounting. He faced censure for misuse of public funds and for running the prison in a "coarse and brutal manner" in 1890. The complaint against him specifically cited the prison conditions afforded Manuela Fimbres, a woman incarcerated in the Yuma Prison. She was allowed to roam free within the prison, and she became pregnant, delivered a child, and got pregnant again while he was warden. Former Tombstone resident and writer George W. Parsons commented that he thought Behan was "on the wrong side of the bars". After twenty-seven years in Arizona, Behan moved east, and in 1891 was in
Philadelphia, Pennsylvania Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...
, and by 1892 was in a commission business in
Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
He worked in various government and commissary capacities to the end of his life. On July 3, 1893, he became an Inspector at Port of Customs at
El Paso, Texas El Paso (; ; or ) is a city in and the county seat of El Paso County, Texas, United States. The 2020 United States census, 2020 population of the city from the United States Census Bureau, U.S. Census Bureau was 678,815, making it the List of ...
. On March 12, 1894, he received a 50 percent pay increase and was elevated to the position of Chinese Exclusion Inspector. (Behan had been a founding member of the "Anti-Chinese League" in Tombstone). For the next several years he traveled throughout the southwest arresting illegal Chinese immigrants. In 1897 he worked in the U.S. Patent Office, until at the outbreak of the
Spanish–American War The Spanish–American War (April 21 – August 13, 1898) was fought between Restoration (Spain), Spain and the United States in 1898. It began with the sinking of the USS Maine (1889), USS ''Maine'' in Havana Harbor in Cuba, and resulted in the ...
, Behan volunteered for and became corral-master or quartermaster at Tampa, Florida. When this conflict ended, trouble in the Far East began, and in 1900 he served overseas during the
Boxer Rebellion The Boxer Rebellion, also known as the Boxer Uprising, was an anti-foreign, anti-imperialist, and anti-Christian uprising in North China between 1899 and 1901, towards the end of the Qing dynasty, by the Society of Righteous and Harmonious F ...
. In 1901, he was living in Willard's Hotel at 1400 Pennsylvania Avenue in Washington, D.C.. The census gave his occupation as "Promoter". After the war ended, he returned to Tucson in 1901, where he became the business manager for the ''Tucson Citizen''. He then moved to El Paso, Texas, where he worked as a purchasing agent for Texas Bitulithic, a paving company. While in El Paso during 1908, he campaigned for sheriff but lost. On December 14, 1910, the acting governor of Arizona Territory gave him a commission as a railroad policeman in Arizona. He followed that with work supervising survey parties repairing levee breaks on the lower Colorado River. During 1911–12, he was head of the commissary for the Arizona Eastern Railroad.


Tombstone legacy

Long after the gunfight, Behan continued to spread rumors about the Earps. On December 7, 1897, he was quoted in a story in the ''Washington Post'' which reported that he was staying at the Riggs House, a local hotel. The story was reprinted by the ''San Francisco Call'', which quoted Behan describing the Earp's lawbreaking behavior in Tombstone.


Death and burial

Behan died at St. Mary's Catholic Hospital in
Tucson, Arizona Tucson (; ; ) is a city in Pima County, Arizona, United States, and its county seat. It is the second-most populous city in Arizona, behind Phoenix, Arizona, Phoenix, with a population of 542,630 in the 2020 United States census. The Tucson ...
, on June 7, 1912. His funeral was conducted by the Arizona Pioneers Historical Society, and their eulogy declared, "he held positions of public trust, and in all was active, faithful, and honest." The cause of death was arterial sclerosis, and secondarily
syphilis Syphilis () is a sexually transmitted infection caused by the bacterium ''Treponema pallidum'' subspecies ''pallidum''. The signs and symptoms depend on the stage it presents: primary, secondary, latent syphilis, latent or tertiary. The prim ...
, which he had contracted thirty years earlier (in 1882, while sheriff in Tombstone). The source of some of the information on the death certificate was Behan's son, Albert. John Behan was buried on the day after his death in Tucson's Holy Hope Cemetery. Enthusiasts of old west history placed a commemorative plaque near the site in 1990.


Popular culture

In the 1993 film ''
Tombstone A gravestone or tombstone is a marker, usually stone, that is placed over a grave. A marker set at the head of the grave may be called a headstone. An especially old or elaborate stone slab may be called a funeral stele, stela, or slab. The us ...
'', Behan (
Jon Tenney Jonathan Frederick Tenney (born December 16, 1961) is an American actor. He played Special Agent Fritz Howard in TNT's '' The Closer'' and continued in its spin-off '' Major Crimes''. Early life Tenney was born in Princeton, New Jersey. His mot ...
) introduces himself to
Wyatt Earp Wyatt Berry Stapp Earp (March 19, 1848 – January 13, 1929) was an American lawman in the American West, including Dodge City, Kansas, Dodge City, Wichita, Kansas, Wichita, and Tombstone, Arizona, Tombstone. Earp was involved in the gunfight ...
(
Kurt Russell Kurt Vogel Russell (born March 17, 1951) is an American actor. He began his career as a child actor before transitioning to leading roles as an adult in various genres such as action adventures, science-fiction, westerns, romance films, co ...
): "Besides sheriff, I'm also tax collector, Captain of the Fire Brigade and Chairman of the Nonpartisan Anti-Chinese League."


Notes


References


Further reading

*


External links


Photo of Behan

Tombstone Gaming License Signed by Sheriff Johnny Behan
Shapell Manuscript Foundation * {{DEFAULTSORT:Behan, Johnny 1844 births 1912 deaths American deputy sheriffs American people of Irish descent Arizona Democrats People from Arizona Territory Arizona sheriffs People of the Cochise County conflict Lawmen of the American Old West People from Tombstone, Arizona People from Jackson County, Missouri Members of the Arizona Territorial Legislature American people of the Boxer Rebellion