Virgil Earp – Upholding the Law of the West

"Virgil Earp was known as one of the most daring and adventurous of Western pioneers, and he was known from North to South on the Pacific Coast as one of the great-hearted men who helped to build the West."

– The Oregonian, October 30, 1905.

While his younger brother, Wyatt Earp, may have garnered more widespread fame, largely attributed to his knack for self-promotion, Virgil Earp lived a life equally brimming with adventure and dedicated to upholding the law in the burgeoning American West. This article delves into the life and times of Virgil Earp, a figure often overshadowed but nonetheless instrumental in shaping the turbulent history of the era.

Virgil Walter Earp entered the world on July 18, 1843, in Hartford, Kentucky, the second son born to Nicholas Earp and Virginia Ann Cooksey. The Earp family traced its roots deep within the American heartland, a testament to the pioneering spirit that would later define Virgil Earp‘s life. By the time he reached the age of seventeen, the Earp family had relocated to Pella, Iowa, a small town that would soon witness a pivotal moment in Virgil’s early life. It was there, on September 21, 1861, that the young Virgil eloped with Magdalena C. "Ellen" Rysdam, a Dutch immigrant whose parents vehemently opposed the union. Despite their disapproval, Virgil and Ellen remained steadfast in their commitment to each other.

As the shadow of the Civil War loomed large over the nation, eighteen-year-old Virgil answered the call to duty, enlisting in the Union Army. His service with the 83rd Illinois Infantry spanned from July 26, 1862, to June 24, 1865, a period marked by sacrifice, hardship, and the unwavering pursuit of a unified nation. The Civil War profoundly shaped the character of many young men, and Virgil Earp was no exception.

On January 7, 1862, amid the turmoil of a nation divided, Virgil and Ellen welcomed a daughter into their lives, naming her Nellie Jane Earp. Nellie would be the only known child that Virgil would father. Barely two weeks after Nellie’s birth, Virgil bid farewell to his young family, embarking on his military service.

While Virgil was engaged in the brutal realities of war, Ellen received devastating news in the summer of 1863: a report of Virgil’s death. Believing her husband to be deceased, Ellen remarried a man named John Van Rossem. Together, they moved to the Oregon Territory, taking young Nellie with them.

Upon his discharge from the army on June 26, 1865, Virgil returned to Pella, Iowa, only to discover that his wife and daughter had vanished. In the meantime, the rest of his family had moved westward to San Bernardino, California, seeking new opportunities and a fresh start. A year later, Virgil joined them in California. Despite likely knowing the whereabouts of Ellen and Nellie, he made no immediate attempt to locate them.

In 1866, Virgil partnered with his younger brother Wyatt, working as a freighter-teamster hauling goods between Wilmington and Prescott, Arizona Territory. The harsh landscapes and challenging conditions of the Arizona frontier tested their resilience and forged a bond that would withstand the trials to come. Later, the brothers found employment on railroad construction projects in Wyoming, contributing to the westward expansion of the nation’s infrastructure.

By 1868, the Earp brothers had returned to the Midwest, settling in Lamar, Missouri. There, Virgil assisted his father, Nicholas, in farming and operating a grocery store. Amidst the familiar surroundings of rural Missouri, Virgil sought companionship, taking Rosella Dragoo as his second wife on August 28, 1870. However, the marriage proved short-lived, lasting only three years.

Shortly after the dissolution of his second marriage, Virgil left Lamar, finding temporary refuge in Council Bluffs, Iowa. It was in this bustling river town that he encountered Alvira "Allie" Sullivan, a waitress who would become his life partner. While some accounts suggest a formal marriage in Los Angeles, California, in 1874, others maintain that their union was never officially recognized. Regardless of its legal status, Virgil and Allie remained devoted to each other for the remainder of his life.

Throughout his varied career, Virgil primarily served as a lawman, upholding justice in the rough-and-tumble towns of the American West. However, his skills and ambition extended beyond law enforcement. He also engaged in farming, prospecting, driving a stagecoach, railroad construction, and working at a sawmill.

In 1877, Virgil found himself in Dodge City, Kansas, alongside his brother Wyatt. While Wyatt’s reputation as a lawman in Dodge City is well-documented, no official records confirm that Virgil held a similar position. From Dodge City, Virgil and Allie ventured to Prescott, Arizona, where he worked in a sawmill. In October 1877, he was temporarily deputized by Yavapai County Sheriff Ed Bowers during a street gunfight. Displaying remarkable courage, Virgil used a Winchester rifle to fatally wound one of the robbers. The following year, he served as a night watchman in Prescott for two months before assuming the role of constable.

On November 27, 1879, Virgil Earp received a significant appointment: U.S. Deputy Marshal for Arizona Territory. He traveled from Prescott to Tombstone with his brother Wyatt. Within a year, on October 30, 1880, Virgil stepped into the role of acting town marshal after Fred White was fatally shot by the notorious outlaw Curly Bill Brocius.

Holding both his federal law enforcement position and the marshal’s appointment, Virgil was well-positioned to maintain order in the volatile town. However, his tenure as marshal would be brief. Elections were held just two weeks later for the "open" marshal slot, and Virgil was narrowly defeated by Ben Sippy.

The following year, on June 6, 1881, Virgil was once again appointed acting city marshal when Ben Sippy requested a temporary leave of absence. During this period, Tombstone was ravaged by a devastating fire on June 22nd, and Virgil was tasked with managing the ensuing chaos and recovery efforts. Less than a week later, the City of Tombstone uncovered $3,000 in financial improprieties within the marshal’s office. Ben Sippy, who was known to have financial problems, was permanently replaced by Virgil at the behest of Tombstone Mayor John Clum.

Later that year, on October 26th, Tombstone and the Earps would become forever intertwined in history with the infamous Gunfight at the O.K. Corral. Virgil, temporarily deputizing his brothers Wyatt and Morgan, along with Doc Holliday, confronted the McLaurys and Billy Clanton, intending to disarm them. The confrontation escalated into a deadly shootout, forever etching the Earp name into the annals of the Old West. Though the gunfight propelled Wyatt to legendary status, it was Virgil who possessed the most extensive law enforcement experience. Up to that point, Wyatt had only been involved in one gunfight, Morgan in none, while Virgil could draw upon years of service and his experiences in the Civil War. When the dust settled, Frank and Tom McLaury, along with Billy Clanton, lay dead. Virgil Earp sustained a gunshot wound to the leg, while Morgan suffered a shoulder injury.

Sheriff John Behan arrested Virgil Earp, Wyatt Earp, Morgan Earp, and Doc Holliday for the murders of Billy Clanton, Tom McLaury, and Frank McLaury. Three days later, the city council suspended Virgil pending the outcome of the shooting investigation. After a lengthy trial, all members of the Earp faction were acquitted, deemed to have acted within the bounds of the law.

In the months that followed, the Earps struggled to maintain control in Tombstone as rumors of revenge plots by the Cowboy faction circulated. For his safety, Virgil relocated to the Cosmopolitan Hotel. On December 28th, while walking from the Oriental Saloon to the hotel, Virgil was ambushed. Shots fired from a second-story building across Allen Street struck the Crystal Palace Saloon and the Eagle Brewery, shattering windows and narrowly missing patrons. Virgil was struck in the back and left arm by buckshot. Although his arm would be permanently crippled, he survived the attack. The shooters were never definitively identified. Though Ike Clanton’s hat was found at the scene, an alibi provided by one of his friends prevented any arrests.

Upon learning of Virgil’s ambush, territorial U.S. Marshal Crawley P. Dake appointed Wyatt Earp as a U.S. Deputy Marshal, empowering him to pursue those responsible for the attack.

On March 18, 1882, the Cowboy gang struck again, ambushing Morgan Earp as he played pool at Campbell and Hatch’s Saloon. A shot fired from the darkness of an alley struck Morgan in the back. Morgan’s body was dressed in one of Doc Holliday’s suits and sent to his parents in Colton, California, for burial. The entire Earp party accompanied Morgan’s body, including Virgil and his wife, Allie. Also traveling with them were several "bodyguards," including Sherman McMasters and "Turkey Creek" Jack Johnson.

In Tucson, Wyatt, Warren, and Doc Holliday disembarked from the train in search of Frank Stillwell, who supposedly worked in the railroad yards. The train continued to California without them. Wyatt and Warren Earp, Doc Holliday, Sherman McMasters, and "Turkey Creek" Jack Johnson saw the train safely off.

Upon spotting Frank Stillwell, a member of the Cowboy faction, near the train tracks, Wyatt shot and killed him. This act marked the beginning of the infamous Earp Vendetta Ride, as Wyatt and his posse sought vengeance against those they believed responsible for Morgan’s death, killing or driving them out of the territory. Although the five men were indicted for the killing of Stillwell, none were brought to trial, having fled the territory after their vengeance ride.

After settling in Colton, California, and recovering from his injuries, Virgil worked as a railroad agent for a couple of years and was also said to have gambled heavily. In 1886, he briefly operated a detective agency before becoming a constable in July 1886. A year later, when Colton was officially incorporated, Virgil became the city’s first elected marshal on July 11, 1887.

In March 1889, he resigned as city marshal and became a boxing matchmaker and gambling hall operator in San Bernardino, California. By the spring of 1893, the restless Virgil had moved on again, establishing an Earp’s Hall in the mining camp of Vanderbilt, California. The two-story saloon provided dances, prizefights, and church services in its upstairs hall, while downstairs held the typical saloon fare. Even though he was well-liked in the town, he lost a constable election in 1894.

Virgil and Allie briefly returned to Colton in early 1895 but soon headed to another booming mining town – Cripple Creek, Colorado. Virgil didn’t stay long, soon moving back to Prescott, Arizona, and working in the mines. In the fall of 1896, he was injured in a mining accident and took up ranching south of Prescott.

In the fall of 1898, Virgil Earp received a letter from Mrs. Levi Law of Portland, Oregon, inquiring if he was the same Virgil Earp who had married Ellen Rysdam in Pella, Iowa, in 1861. The correspondence led to a reunion in April 1899, when Virgil and Allie traveled to Portland to meet Ellen and his two grandchildren for the first time in 37 years. The relationship was maintained for the remainder of his life.

In 1900, he ran for Yavapai County, Arizona Sheriff, but his health was failing, and he was forced to withdraw from the race.

By 1904, Virgil was back in Colton, California. By that time, the city had an anti-saloon sentiment and a liquor ordinance that limited the number of saloons When Virgil was unable to get a license, he and Allie struck out for yet another mining camp – Goldfield, Nevada.

There, he became a Deputy Sheriff on January 26, 1905. However, his health continued to decline, and on October 19, 1905, he died in Goldfield of Pneumonia.

His daughter Nellie arranged for her father’s body to be transported to Portland, Oregon, where she lived, and he was buried at Riverview Cemetery.

Allie returned to California, where she spent the rest of her life, dying at the age of 98.