August 19, 1884
Afraid for his life, Doc goes to his room at 405 Harrison and retrieves his pistol (variously described as a Colt .41 or .44 caliber). He hands off the gun to someone, possibly his gambling pal Pat Sweeney, who takes it to Hyman’s saloon at 316 Harrison. As it is against the law to carry the weapon inside, that person stores Doc’s pistol for him under the bar.
When Holliday reaches the saloon, he waits nervously by a cigar case next to the bar. He has already told the police about the situation, but he is worried Allen will catch up to him first.
After a shoe shine, Allen enters Hyman’s at about five p.m. with his hand suspiciously in his pocket. Doc quickly reaches down, grabs his pistol, leans over the cigar case and fires.
The first bullet hits the door casing above Allen, who turns to run, but trips and falls forward. Allen is flopping on the floor when a second shot hits him in the right arm, halfway between the shoulder and the elbow.
Bartender Henry Kellerman leaps over the bar and grabs Doc as he attempts to get off a third shot. Police Capt. Edward Bradbury comes running in, shouting, “Doc, I want your gun!”
Doc surrenders his pistol to the captain, who arrests him.
Aftermath: Odds & Ends
Arrested on a charge of “assault with the intent to kill,” Doc Holliday sat in the city jail until two friends signed his $5,000 bail bond. The police, meanwhile, made a “quiet raid upon everybody who carries concealed weapons,” reported the Daily Democrat on August 22.
At the preliminary hearing on August 25, Holliday testified he shot Billy Allen, adding, “I knew that I would be a child in his hands if he got hold of me; I weigh 122 pounds; I think Allen weighs 170 pounds.” The judge assigned the doc’s case to criminal court and raised his bail to $8,000, only to reduce it to $5,000, due to the doc’s poor health. Even so, Holliday had to wait in jail for over a week before his friends posted his bail. He was released the night of September 6.
The judge had scheduled the court date for December 23, but Holliday’s lawyers successfully got a continuance until spring. The trial began March 27, 1885, almost three years to the day that Holliday and Wyatt Earp had confronted Curly Bill Brocius at Mescal Springs. After a short deliberation, the jury acquitted Holliday on the grounds that Allen’s threats had justified the shooting.
Allen apparently never got his five dollars. He remained in Leadville for a time before moving to Garfield County, where he served as a scout during the Ute troubles in 1887. After stints in Chicago and Salt Lake City, Allen joined one of the Oklahoma land rushes, then settled in Cripple Creek, Colorado, where he became fire chief. In 1898, he went to Alaska where he was appointed fire marshal and, later, deputy U.S. marshal in Nome. Coincidentally, he arrested Holliday’s pal, Wyatt Earp, who was in Nome running the Dexter Saloon. Allen died in Orting, Washington, in 1941.
Recommended: Doc Holliday: The Life and Legend by Gary L. Roberts, published by John Wiley & Sons.