State, and it was as a U.S. infantryman that he had come to Lincoln County. He was short, just five feet, two and one-half inches tall, and his temper was even shorter.
Alexander McSween.
Robert G. McCubbin Collection
Center for Southwest Research, University of New Mexico
James “Jimmy” Dolan.
Robert G. McCubbin Collection
Center for Southwest Research, University of New Mexico
By early February 1878, both sides had spread vicious rumors about the other; both had attacked each other publicly in the territorial press; and both had spewed out a few choice personal threats. Both had also put men on their payrolls who knew the inner workings of a Colt six-shooter and a Winchester repeater. The House, what with its cozy relationship with the district court, had orchestrated criminalcharges (embezzlement) and a civil suit against McSween. But Dolan’s legal shenanigans achieved their finest moment on February 7, when he secured a writ of attachment against McSween. Dolan turned the writ over to Sheriff William Brady, another House tool, who happily attached any and all property of both McSween and Tunstall: store, lands, cattle, horses—even such personal items as portraits of Tunstall’s parents.
The first blood spilled in the Lincoln County War came just eleven days later at approximately 5:30 P.M . Tunstall and four of his men, including the Kid, were on their way to Lincoln with a small herd of horses. Tunstall’s party, strung out over a distance of a few hundred yards, had just crested a divide and was descending through the rugged hills above the Ruidoso Valley when they flushed a flock of wild turkeys. Two of Tunstall’s men started after the dusky birds; moments later, shots rang out on their back trail. Billy and John Middleton, who had been bringing up the rear, came forward at a gallop. Behind them, riding hard, was a party of nearly twenty mounted men, members of a posse sent to gather up Tunstall’s horses, except it was obvious that this posse was bent on more than simply attaching livestock. Middleton raced toward Tunstall, who had remained near the horse herd, and shouted at him to flee. Agitated and confused by the gunfire and commotion, Tunstall did nothing.
“For God’s sake, follow me,” Middleton pleaded before spurring his horse on.
“What, John? What, John?” was all the surprised Tunstall managed to speak.
At the first sight of the posse, the turkey chasers, Dick Brewer and Robert Widenmann, had retreated to a nearby hillside, where they planned to make a stand behind some large boulders and trees. Middleton and the Kid were close behind them. Their pursuers pulled up when they saw Tunstall by himself.
The first members of the posse who approached Tunstall wereWilliam “Buck” Morton, who was Jimmy Dolan’s stock foreman, and Tom Hill. Hill was one of The Boys who had been imprisoned with Jesse Evans in the Lincoln County jail (Evans was also a member of this posse—The Boys were Dolan men, bought and paid for). Tunstall froze when he recognized Morton and Hill, but Hill said he would not be hurt if he gave himself up. Tunstall urged his horse toward the two men. When the Englishman got close, Morton put a rifle bullet through his chest. Tunstall tumbled out of his saddle. Hill then leapt off his mount and ran up to the dying man and fired a pistol into the back of Tunstall’s head. Billy and the others on the hillside heard the shots, but they could not see what had just transpired. With a stunned voice, Middleton said that Tunstall must have been killed.
In a bizarre act, the posse members carefully arranged Tunstall’s body, placing one blanket beneath it and another over it. The dead man’s overcoat was placed under his bloody head. Tunstall’s horse, which had also been killed, was lying next to its owner. Someone in the posse lifted the horse’s head and shoved Tunstall’s hat under it. The posse did not bother with Billy and the others. Instead, they gathered the