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 Gunfight at the O.K. Corral on October 26, 1881. They killed brothers Tom and Frank McLaury and Billy Clanton. All three Earp brothers had been the target of repeated death threats made by the Cowboys who were upset by the Earps' interference in their illegal activities. All four lawmen were charged with murder by Ike Clanton, who had run from the gunfight. During a month-long preliminary hearing, Judge Wells Spicer exonerated the men, concluding they had been performing their duty.
But two months later on December 28, friends of the slain outlaws retaliated, ambushing Virgil. They shot him in the back, hitting him with three shotgun rounds, shattering his left arm and leaving him permanently maimed. The Cowboys suspected were let off for lack of evidence. His brother Morgan Earp was assassinated in March 1882. Charges against those suspected were dismissed on a technicality. Wyatt Earp, appointed as deputy U.S. Marshal to replace Virgil, concluded he could not rely on civil justice and decided to take matters into his own hands. Wyatt assembled a federal posse that included their brother Warren Earp and set out on a vendetta to kill those they felt were responsible. Virgil left Tombstone to recuperate from his wounds in Colton, California, where his parents lived.
Virgil married before he left to serve in the Union Army during the American Civil War. When he returned, his wife and child had left. He held a variety of other jobs throughout his life, though he primarily worked in law enforcement. His younger brother, Wyatt, who spent most of his life as a gambler, became better known as a lawman because of writer Stuart N. Lake's fictionalized 1931 biography Wyatt Earp: Frontier Marshal and later portrayals of him in movies and fiction as Old West's "toughest and deadliest gunmen of his day." In 1898, Virgil learned that his first wife Ellen Rysdam and their daughter were living in Oregon and reestablished contact with them. After suffering from pneumonia for six months, Virgil died on October 19, 1905.
Early life
Virgil Earp was born in Hartford, Kentucky, the second son of Nicholas Earp and Virginia Ann Cooksey.
Marriage to Ellen Rysdam
In February 1860, while living in Pella, Iowa, 16-year-old Virgil eloped with 17-year-old Dutch immigrant Magdalena C. "Ellen" Rysdam (October 25, 1842 in Utrecht, Netherlands – May 3, 1910 in Cornelius, Oregon). One report states that they saw each other only occasionally and kept their marriage secret until Ellen was about to deliver their first child. When her parents Gerrit Rysdam and Magdalena Catrina Van Velzen learned of the marriage, they were furious, as they preferred that she marry a man who was also Dutch. Virgil's father thought he was too young to marry. Both parents wanted to get the marriage annulled. One source reports that Rysdam was successful, but another says her father failed because Virgil and Ellen refused to reveal where they had been married. They also claimed they had used false names, which would have made the marriage invalid in any case.
Virgil and Ellen remained together for a year in spite of his and her parents' disapproval. On July 26, 1861, Virgil enlisted at age 18 in the Union Army. Ellen had a daughter named Nellie Jane, born January 7, 1862 or in July 1862. Virgil was mustered in to the Illinois Volunteer Infantry for three years on September 21, 1862.
Civil War Service
Virgil enlisted as a Private in Company C of the 83rd Illinois Infantry on July 26, 1862, and mustered into service on August 21. The 83rd fought at the Battle of Dover and then was primarily on garrison duty in Tennessee. Virgil was court-martialed for a minor offense and docked two weeks pay as punishment.
In the summer of 1863 while Virgil was on active duty, Ellen's father told her that Virgil had been killed in Tennessee. In early 1864, Ellen married a Dutch man named John Van Rossum, and in May of that year they joined a large group who relocated from Pella, Iowa, to the Oregon Territory.