Theater now stands. Tombstone's Town Marshal Fred White attempted to disarm Brocius and grabbed his weapon by the barrel. The gun discharged, striking White in the groin. Wyatt Earp had borrowed Fred Dodge's pistol and he pistol-whipped Brocius. At the preliminary hearing for Brocius afterward, Wyatt testified that he had heard White say: "I am an officer; give me your pistol." When he got close, he saw Brocius remove his pistol from his holster and White grab it by the barrel. He said he put his arms around Brocius from behind to see if he had any other weapons, and White "gave a quick jerk and the pistol went off." White fell to the ground, wounded. When the pistol discharged, Wyatt buffaloed Brocius and arrested him. Brocius complained, "What have I done? I have not done anything to be arrested for." Brocius fearful of lynching White was carried to a doctor and they initially thought he would recover, and the next day, he gave a statement that exonerated Curly Bill of murder, but that night, White's condition worsened. Brocius later claimed that his gun discharged accidentally and reportedly immediately regretted shooting White. He testified at his trial that he did not consider himself to have committed a crime. Brocius waived his right to a preliminary hearing, apparently because he feared a lynching, as White was very popular as town marshal. Brocius was anxious to be moved out of town. Pima County Deputy Sheriff Earp and George Collins immediately took Brocius to Tucson for trial. Brocius exonerated of White's death White died two days after Curly Bill shot him. Before dying, White testified that he thought the pistol had accidentally discharged and that he did not believe that Curly Bill shot him on purpose. Wyatt Earp supported this testimony, (ironically, given his later vendetta against Brocius and the rest of the Cowboy gang) as did a demonstration that Brocius's pistol could be fired from half-cock, and the fact that it had been found to contain six rounds, with only one of them fired. After spending most of November and December 1880 in jail awaiting trial, Brocius was acquitted with a verdict of accidental death. Wyatt told his biographer John H. Flood, Jr., many years later that he thought that Brocius was still armed at the time and did not notice that Brocius' pistol lay on the ground in the dark, until