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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 that is commonly transla ...
of
Cochise County Cochise County () is a county in the southeastern corner of the U.S. state of Arizona. It is named after the Native American chief Cochise. The population was 125,447 at the 2020 census. The county seat is Bisbee and the most populous city is ...
in the
Arizona Territory The Territory of Arizona (also known as 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 state of ...
, during the
gunfight at the O.K. Corral The gunfight at the O.K. Corral was a thirty-second shootout between law enforcement officer, lawmen led by Virgil Earp and members of a loosely organized group of outlaws called the Cochise County Cowboys, Cowboys that occurred at about 3: ...
and was known for his opposition to the Earps. Behan was sheriff of
Yavapai County Yavapai County is 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 Prescott, AZ M ...
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 Yavapai County is 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 Prescott, AZ M ...
. In 1881,
Wyatt Earp Wyatt Berry Stapp Earp (March 19, 1848 – January 13, 1929) was an American lawman and gambler in the American West, including Dodge City, Deadwood, and Tombstone. Earp took part in the famous gunfight at the O.K. Corral, during which law ...
served for about five months as undersheriff of the eastern half of
Pima County Pima County ( ) is a county in the south central region of the U.S. state of Arizona. As of the 2020 census, the population was 1,043,433, making it Arizona's second-most populous county. The county seat is Tucson, where most of the populati ...
. 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 ...
Tombstone. 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 civil parish. The term is in use in Canada, China, Hungary, Romania, Taiwan, and the United States. The equivalent term shire town is used in the US st ...
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 Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 state ...
, 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 both deputy U.S. Marshal and Tombstone, Arizona City Marshal when he led his younger brothers Wyatt and Morgan, and Doc Holliday, in a confrontation with outlaw Cowboys at the Gunfig ...
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 lawman. He served as Tombstone, Arizona's Special Policeman when he helped his brothers Virgil and Wyatt, as well as Doc Holliday, confront the outlaw Cochise C ...
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 that 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, ...
, 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 t ...
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. 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 Places ...
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 ...
, 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. As of the 2020 census, the population was 717,204. making it the second-most populous county in the state (after St. Louis County). Although Independence retains ...
, were Peter Behan, a carpenter from
County Kildare County Kildare ( ga, Contae Chill Dara) is a county in Ireland. It is in the 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 authority for the county, ...
,
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, 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 fo ...
. 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 as it marched from California to capture Confederate Arizona and to reinforc ...
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 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 Prescott, AZ M ...
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 Saloon may refer to: Buildings and businesses * One of the bars in a traditional British pub * An alternative name for a bar (establishment) * Western saloon, a historical style of American bar * The Saloon, a bar and music venue in San Francisc ...
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 Yavapai County, Arizona, United States. According to the 2020 Census, the city's population was 45,827. The city is the county seat of Yavapai County. In 1864, Prescott was designated as the capital of the Arizona T ...
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 a group of culturally related Native American tribes in the Southwestern United States, which include the Chiricahua, Jicarilla, Lipan, Mescalero, Mimbreño, Ndendahe (Bedonkohe or Mogollon and Nednhi or Carrizaleño an ...
Indians, who had escaped the Cave Creek reservation. Indian fighter
Al Sieber Al Sieber (February 27, 1843 1844 was a leap year, leading to some confusion about Sieber's birth date. His tombstone in Globe gives his birth date as 1844, as does the book ''Chief of Scouts''. Both are incorrect. – February 19, 1907) was a Ge ...
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 Scarlet fever, also known as Scarlatina, is an infectious disease caused by ''Streptococcus pyogenes'' a Group A streptococcus (GAS). The infection is a type of Group A streptococcal infection (Group A strep). It most commonly affects childr ...
. 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 Sergeant (abbreviated to Sgt. and capitalized when used as a named person's title) is a rank in many uniformed organizations, principally military and policing forces. The alternative spelling, ''serjeant'', is used in The Rifles and other uni ...
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 is in the northwestern corner of the U.S. state of Arizona. 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 the fifth largest county in the United St ...
Recorder in 1877, and then deputy sheriff of
Mohave County Mohave County is in the northwestern corner of the U.S. state of Arizona. 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 the fifth largest county in the United St ...
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 i ...
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 Courtesan, in modern usage, is a euphemism for a "kept" mistress (lover), mistress or prostitute, particularly one with wealthy, powerful, or influential clients. The term historically referred to a courtier, a person who attended the Royal cour ...
", 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 usually means "someone who is not a Jew". Other groups that claim Israelite heritage, notably Mormons, sometimes use the term ''gentile'' to describe outsiders. More rarely, the term is generally used as a synonym for ...
, 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, whic ...
'' 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- SP) was an American Class I railroad network that existed from 1865 to 1996 and operated largely in the Western United States. The system was operated by various companies under the ...
, 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 19th and early 20th-century American Old West. He was born to ...
, a friend of Wyatt Earp's who was in Tombstone from February to April 1881, described Sadie to Stuart Lake 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 that 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 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 of ...
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, 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 John Charles Frémont or Fremont (January 21, 1813July 13, 1890) was an American explorer, military officer, and politician. He was a U.S. Senator from California and was the first Republican nominee for president of the United States in 1856 ...
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 The Ten-Percent Ring was a title given by the newspaper editors of ''The Tombstone Epitaph'' in 1881 to Johnny Behan and his friends for stealing about ten percent of the local Tombstone, Arizona taxes in the 1880s. Milt Joyce (1847–1889), owne ...
." 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 t ...
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- SP) was an American Class I railroad network that existed from 1865 to 1996 and operated largely in the Western United States. The system was operated by various companies under the ...
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 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 ''The Tombstone Epitaph'' is a Tombstone, Arizona, monthly publication that covers the history and culture of the Old West. Founded in January 1880 (with its first issue published on Saturday May 1, 1880), it is the oldest continually published ...
''. 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 Linnaeus'') in alcohol (ethanol). Red ...
together with alcohol. Her death was officially ruled as "
suicide Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and s ...
by
opium Opium (or poppy tears, scientific name: ''Lachryma papaveris'') is dried latex obtained from the seed capsules of the opium poppy ''Papaver somniferum''. Approximately 12 percent of opium is made up of the analgesic alkaloid morphine, which i ...
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, "Curly Bill" Brocius, as well as
Johnny Ringo John Peters Ringo (May 3, 1850 – July 13, 1882), known as Johnny Ringo, was an American Old West outlaw loosely associated with the Cochise County Cowboys in frontier boomtown Tombstone, Arizona Territory. He took part in the Mason County ...
, 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 and gambler in the American West, including Dodge City, Deadwood, and Tombstone. Earp took part in the famous gunfight at the O.K. Corral, during which law ...
'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, ...
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, ...
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 Medieval Europe, the title grew in reputation. During the last few centuries, it has been used for elevated o ...
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 the fifth-largest city in the U.S. state of Texas and the 13th-largest city in the United States. It is the county seat of Tarrant County, covering nearly into four other counties: Denton, Johnson, Parker, and Wise. According ...
, 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 lawman 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
Cowboy A cowboy is an animal herder who tends cattle on ranches in North America, traditionally on horseback, and often performs a multitude of other ranch-related tasks. The historic American cowboy of the late 19th century arose from the '' vaquer ...
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 surety or guarantor to pa ...
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 lawman. He served as Tombstone, Arizona's Special Policeman when he helped his brothers Virgil and Wyatt, as well as Doc Holliday, confront the outlaw Cochise C ...
. 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 lawman. He was the youngest of Earp brothers, Wyatt, Morgan, Virgil, James, and Newton Earp. Although he was not present during the Gunfight at the O.K. Cor ...
, 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, ...
as he was lying in wait in the train yard.
Justice of the Peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
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 j ...
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, Behan had a feud with his own deputy,
Billy Breakenridge William Milton Breakenridge (December 25, 1846 – January 31, 1931) was an American lawman, teamster, railroader, soldier and author. Early life Breakenridge was born in Watertown, Wisconsin, to George D. and Elisa Ann Breakenridge. United ...
. 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, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
, and by 1892 was in a commission business in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
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 (; "the pass") is a city in and the county seat, seat of El Paso County, Texas, El Paso County in the western corner of the U.S. state of Texas. The 2020 population of the city from the United States Census Bureau, U.S. Census Bureau w ...
. 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 , partof = the Philippine Revolution, the decolonization of the Americas, and the Cuban War of Independence , image = Collage infobox for Spanish-American War.jpg , image_size = 300px , caption = (clock ...
, 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, the Boxer Insurrection, or the Yihetuan Movement, was an anti-foreign, anti-colonial, and anti-Christian uprising in China between 1899 and 1901, towards the end of the Qing dynasty, by ...
. 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 , "(at the) base of the black ill , nicknames = "The Old Pueblo", "Optics Valley", "America's biggest small town" , image_map = , mapsize = 260px , map_caption = Interactive map ...
, 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 of syphilis vary depending in which of the four stages it presents (primary, secondary, latent, an ...
, 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'', 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 spinoff '' Major Crimes''. Early life Tenney was born in Princeton, New Jersey. His mother, ...
) introduces himself to
Wyatt Earp Wyatt Berry Stapp Earp (March 19, 1848 – January 13, 1929) was an American lawman and gambler in the American West, including Dodge City, Deadwood, and Tombstone. Earp took part in the famous gunfight at the O.K. Corral, during which law ...
(
Kurt Russell Kurt Vogel Russell (born March 17, 1951) is an American actor. He began acting on television at the age of 12 in the Westerns on television, western series ''The Travels of Jaimie McPheeters (TV series), The Travels of Jaimie McPheeters'' (19 ...
): "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 1843 births 1912 deaths American deputy sheriffs American people of Irish descent Arizona Democrats Arizona pioneers Arizona sheriffs 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