The photo was alluded to in the movie Tombstone, in a scene where Ike Clanton flees from the gunfire in the OK Corral straight into Fly's Photographic Studio where the picture is in the process of being taken. In both Tombstone and Kevin Costner's Wyatt Earp, Sheriff Johnny Behan is shown passing around a racy photo of his (then) girlfriend, Josie. Presumably, this photo.
It was pretty much accepted as an early photograph of Josephine Sarah Marcus until 1998, when a researcher discovered that the photo had been distributed as a risque postcard titled "Kaloma" by a New Jersey novelty company in 1914. Since then, belief that the the photo is one of Josie has been largely and roundly discounted.(There's even a Josephine Earp exhibit in one section of the Tombstone Courthouse Museum that debunks the photo.)
That's as far as the guy would go, a "high degree of likelihood," but that's pretty intoxicating language in courtroom-speak, and it goes a long way toward vindicating Tombstone historian Ben Traywick. He's always maintained that Kaloma was Josie.
Me? I have no idea. The only thing I know is that I want it to be her...