Chapter XIV

The Lincoln County War--_The Bloodiest, Most Dramatic and Most Romantic

of all the Border Wars_--_First Authentic Story Ever Printed of the

Bitterest Feud of the Southwest_.

The entire history of the American frontier is one of rebellion against

the law, if, indeed, that may be called rebellion whose apostles have

not yet recognized any authority of the law. The frontier antedated

anarchy. It broke no social compact, for it had never made one. Its

population asked no protection save that afforded under the stern

suzerainty of the six-shooter. The anarchy of the frontier, if we may

call it such, was sometimes little more than self-interest against

self-interest. This was the true description of the border conflict now

in question.

The Lincoln County War, fully speaking, embraced three wars; the Pecos

War of the early '70's, the Harold War of 1874, and the Lincoln County

War proper, which may be said to have begun in 1874 and to have ended in

1879. The actors in these different conflicts were all intermingled.

There was no blood feud at the bottom of this fighting. It was the war

of self-interest against self-interest, each side supported by numbers

of fighting men.

At that time Lincoln County, New Mexico, was about as large as the state

of Pennsylvania. For judicial purposes it was annexed to Donna Aña

County, and its territories included both the present counties of Eddy

and Chaves, and part of what is now Donna Aña. It extended west

practically as far the Rio Grande river, and embraced a tract of

mountains and high tableland nearly two hundred miles square. Out of

this mountain chain, to the east and southeast, ran two beautiful

mountain streams, the Bonito and the Ruidoso, flowing into the Hondo,

which continues on to the flat valley of the Pecos river--once the

natural pathway of the Texas cattle herds bound north to Utah and the

mountain territories, and hence the natural pathway also for many lawful

or lawless citizens from Texas.

At the close of the civil war, Texas was full of unbranded and unowned

cattle. Out of the town of Paris, Texas, which was founded by his

father, came one John Chisum--one of the most typical cow men that ever

lived. Bold, fearless, shrewd, unscrupulous, genial, magnetic, he was

the man of all others to occupy a kingdom which had heretofore had no

ruler.

John Chisum drove the first herds up the Pecos trail to the territorial

market. He held at one time perhaps eighty thousand head of cattle under

his brand of the "Long I" and "jinglebob." Moreover, he had powers of

attorney from a great many cow men in Texas and lower New Mexico,

authorizing him to take up any trail cattle which he found under their

respective brands. He carried a tin cylinder, large as a water-spout,

that contained, some said, more than a thousand of these powers of

attorney. At least, it is certain he had papers enough to give him a

wide authority. Chisum riders combed every north-bound herd. If they

found the cattle of any of his "friends," they were cut out and turned

on the Chisum range. There were many "little fellows," small cattlemen,

nested here and there on the flanks of the Chisum herds. What more

natural than that they should steal from him, in case they found a

market of their own? That was much easier than raising cows of their

own. Now, there was a market up this winding Bonito valley, at Lincoln

and Fort Stanton. The soldiers of the latter post, and the Indians of

the Mescalero reservation near by, needed supplies. There were others

besides John Chisum who might need a beef contract now and then, and

cattle to fill it.

[Illustration: JOHN SIMPSON CHISUM

A famous cattle king, died December 23, 1884]

At the end of the civil war, there was in New Mexico, with what was

known as the California Column, which joined the forces of New Mexican

volunteers, an officer known as Major L. G. Murphy. After the war, a

great many men settled near the points where they were mustered out in

the South and West. It was thus with Major Murphy, who located as

post-trader at the little frontier post known as Fort Stanton, which was

founded by Captain Frank Stanton in 1854, in the Indian days. John

Chisum located his Bosque Grande ranch about 1865, and Murphy came to

Fort Stanton about 1866. In 1875, Chisum dropped down to his South

Spring River ranch, and by that time Murphy had been thrown out of the

post-tradership by Major Clendenning, commanding officer, who did not

like his methods. He had dropped nine miles down the Bonito from Fort

Stanton, with two young associates, under the firm name of Murphy, Riley

& Dolan, sometimes spoken of as L. G. Murphy & Co.

Murphy was a hard-drinking man, yet withal something of a student. He

was intelligent, generous, bold and shrewd. He "staked" every little cow

man in Lincoln county, including a great many who hung on the flanks of

John Chisum's herds. These men in turn were in their ethics bound to

support him and his methods. Murphy was king of the Bonito country.

Chisum was king of the Pecos; not merchant but cow man, and caring for

nothing which had not grass and water on it.

Here, then, were two rival kings. Each at times had occasion for a beef

contract. The result is obvious to anyone who knows the ways of the

remoter West in earlier days. The times were ripe for trouble. Murphy

bought stolen beef, and furnished bran instead of flour on his Indian

contracts, as the government records show. His henchmen held the Chisum

herds as their legitimate prey. Thus we now have our stage set and

peopled for the grim drama of a bitter border war.

The Pecos war was mostly an indiscriminate killing among cow men and

cattle thieves, and it cost many lives, though it had no beginning and

no end. The Texas men, hard riders and cheerful shooters for the most

part, came pushing up the Pecos and into the Bonito cañon. Among these,

in 1874, were four brothers known as the Harold boys, Bill, Jack, Tom

and Bob, who had come from Texas in 1872. Two of them located ranches on

the Ruidoso, being "staked" therein by Major Murphy, king for that part

of the countryside. The Harold boys once undertook to run the town of

Lincoln, and a foolish justice ordered a constable to arrest them. One

Gillam, an ex-sheriff, told the boys to put on their guns. On that night

there were killed Gillam, Bill Harold, Dave Warner and Martinez, the

Mexican constable. The dead body of Martinez was lying in the street the

next morning with a deep cross cut on the forehead. From that time on

for the next five years, it was no uncommon thing to see dead men lying

in the streets of Lincoln. The Harold boys had sworn revenge.

There was a little dance in an adobe one night at Lincoln, when Ben

Harold and some Texas men from the Seven Rivers country rode up. They

killed four men and one woman that night before they started back to

Seven Rivers. From that time on, it was Texas against the law, such as

the latter was. No resident places the number of the victims of the

Harold war at less than forty or fifty, and it is believed that at least

seventy-five would be more correct. These killings proved the weakness

of the law, for none of the Harold gang was ever punished. As for the

Lincoln County War proper, the magazine was now handsomely laid. Only

the spark was needed. What would that naturally be? Either an actual law

court, or else--a woman! In due time, both were forthcoming.

The woman in the case still lives to-day in New Mexico, sometimes spoken

of as the "Cattle Queen" of New Mexico. She bears now the name of Mrs.

Susan E. Barber. Her maiden name was Susan E. Hummer, the name sometimes

spelled Homer, and she was born in Gettysburg, Pennsylvania. Susan

Hummer was a granddaughter of Anna Maria Spangler-Stauffer. The Spangler

family is a noble one of Germany and very old. George Spangler was

cup-bearer to Godfrey, Chancellor of Frederick Barbarossa, and was with

the latter on the Crusade when Barbarossa was drowned in the Syrian

river, Calycadmus, in 1190. The American seat of this old family was in

York county, Pennsylvania, where the first Spanglers settled in 1731. It

was from this tenacious and courageous ancestry that there sprang this

figure of a border warfare in a region wild as Barbarossa's realm

centuries ago.

On August 23, 1873, in Atchison, Kansas, Susan Hummer was married to

Alexander A. McSween, a young lawyer fresh from the Washington

university law school of St. Louis. McSween was born in Charlottetown,

Prince Edward Island, and was educated in the first place as a

Presbyterian minister. He was a man of good appearance, of intelligence

and address, and of rather more polish than the average man. He was an

orator, a dreamer, and a visionary; a strange, complex character. He was

not a fighting man, and belonged anywhere in the world rather than on

the frontier of the bloody Southwest. His health was not good, and he

resolved to journey to New Mexico. He and his young bride started

overland, with a good team and conveyance, and reached the little

_placita_ of Lincoln, in the Bonito cañon, March 15, 1875. Outside of

the firm of Murphy, Riley & Dolan, there were at that time but one or

two other American families. McSween started up in the practice of law.

There appeared in northern New Mexico at about this time an Englishman

by the name of J. H. Tunstall, newly arrived in the West in search of

investment. Tunstall was told that there was good open cattle range to

be had in Lincoln county. He came to Lincoln, met McSween, formed a

partnership with him in the banking and mercantile business, and,

moreover, started for himself, and altogether independently, a horse and

cattle ranch on the Rio Feliz, a day's journey below Lincoln. Now, King

Murphy, of Lincoln county, found a rival business growing up directly

under his eyes. He liked this no better than King Chisum liked the

little cow men on his flanks in the Seven Rivers country. Things were

ripening still more rapidly for trouble. Presently, the immediate cause

made its appearance.

There had been a former partner and friend of Major Murphy in the

post-tradership at Fort Stanton, Colonel Emil Fritz, who established the

Fritz ranch, a few miles below Lincoln. Colonel Fritz having amassed a

considerable fortune, concluded to return to Germany. He had insured his

life in the American Insurance Company for ten thousand dollars, and

had made a will leaving this policy, or the greater part of it, to his

sister. The latter had married a clerk at Fort Stanton by the name of

Scholland, but did not get along well with her husband. Heretofore no

such thing as divorce had been known in that part of the world; but

courts and lawyers were now present, and it occurred to Mrs. Scholland

to have a divorce. She sent to Mr. McSween for legal counsel, and for a

time lived in the McSween house.

Now came news of the death, in Germany, of Colonel Emil Fritz. His

brother, Charlie Fritz, undertook to look up the estate. He found the

will and insurance policy had been left with Major Murphy; but Major

Murphy, accustomed to running affairs in his own way, refused to give up

the Emil Fritz will, and forced McSween to get a court order appointing

Mrs. Scholland administratrix of the Fritz estate. Not even in that

capacity would Major Murphy deliver to her the will and insurance policy

when they were demanded, and it is claimed that he destroyed the will.

Certainly it was never probated. Murphy was accustomed to keep this will

in a tin can, hid in a hole in the adobe wall of his store building.

There were no safes at that time and place. The policy had been left as

security for a loan of nine hundred dollars advanced by a firm known as

Spiegelberg Brothers. Few ingredients were now lacking for a typical

melodrama. Meantime the plot thickened by the failure of the insurance

company!

McSween, in the interest of Mrs. Scholland, now went East to see what

could be done in the collection of the insurance policy. He was able

finally, in 1876, to collect the full amount of ten thousand dollars,

and this he deposited in his own name in a St. Louis bank then owned by

Colonel Hunter. He had been obliged to pay the Spiegelbergs the face of

their loan before he could get the policy to take East with him. He

wished to be secured against this advancement and reimbursed as well for

his expenses, which, together with his fee, amounted to a considerable

sum. Moreover, the German Minister enjoined McSween from turning over

any of this money, as there were other heirs in Germany. Major Murphy

owed McSween some money. Colonel Fritz also died owing McSween

thirty-three hundred dollars, fees due on legal work. Yet Murphy

demanded the full amount of the insurance policy from McSween again and

again. Murphy, Riley & Dolan now sued out an attachment on McSween's

property, and levied on the goods in the Tunstall-McSween store. The

"law" was now doing its work; but there was a very liberal

interpretation put upon the law's intent. As construed by Sheriff

William Brady, the writ applied also to the Englishman Tunstall's

property in cattle and horses on the Rio Feliz ranch; which, of course,

was high-handed illegality. McSween's statement that he had no interest

in the Feliz ranch served no purpose. Brady and Murphy were warm

friends. The lawyer McSween had accused them of being something more

than that--allies and conspirators. McSween and Tunstall bought Lincoln

county scrip cheap; but when they presented it to the county treasurer,

Murphy, it was not paid, and it was charged that he and Brady had made

away with the county funds. That was never proved, for, as a matter of

fact, no county books were ever kept! McSween started the first set ever

known there.

At this time there was working for Tunstall on the Feliz ranch the noted

desperado, Billy the Kid, who a short time formerly had worked for John

Chisum. The latter at this stage of the advancing troubles, appears

rather as a third party, or as holding one point of a triangle, whose

other two corners were occupied by the Murphy and McSween factions.

Whether or not it was a legal posse which went out to serve the

attachment on the Tunstall cattle--or whether or not a posse was

necessary for that purpose--the truth is that a band of men, on February

13th, 1878, did go out under some semblance of the law and in the

interests of the Murphy people's claim. Some state that William S.

Morton, or "Billy" Morton, was chosen by Sheriff Brady as his deputy and

as leader of this posse. Others name different men as leaders.

Certainly, the band was suited for any desperate occasion. With it was

one Tom Hill, who had killed several men at different times, and who had

been heard to say that he intended to kill Tunstall. There was also

Jesse Evans, just in from the Rio Grande country, and, unless that were

Billy the Kid, the most redoubtable fighter in all that country. Evans

had formerly worked for John Chisum, and had been the friend of Billy

the Kid; but these two had now become enemies. Others of the party were

William M. Johnson, Ham Mills, Johnnie Hurley, Frank Baker, several

ranchers still living in that country, and two or three Mexicans. All

these rode across the mountains to the Ruidoso valley on their way to

the Rio Feliz. They met, coming from the Tunstall ranch, Tunstall

himself in company with his foreman, Dick Brewer, John Middleton and

Billy the Kid. When the Murphy posse came up with Tunstall, he was

alone. His men were at the time chasing a flock of wild turkeys along a

distant hillside. When called upon to halt, Tunstall did so, and then

came up toward the posse. "You wouldn't hurt me, boys, would you?" he

said, as he approached leading his horse. When within a few yards, Tom

Hill said to him, "Why, hello, Tunstall, is that you?" and almost with

the words fired upon him with his six-shooter and shot him down. Some

say that Hill shot Tunstall again, and a young Mexican boy called

Pantilon beat in his skull with a rock. They put Tunstall's hat under

his head and left him lying there beside his horse, which was also

killed. His folded coat was found under the horse's head. His body,

lashed on a burro's back, was brought over the mountains by his friends

that night into Lincoln, twenty miles distant. Fifty men took up the

McSween fight that night; for, in truth, the killing of Tunstall was

murder and without justification.

That was the beginning of the actual Lincoln County War. Dick Brewer,

Tunstall's foreman, was now leader of the McSween fighting men. McSween,

of course, supplied him with color of "legal" authority. He was

appointed "special constable." Neither party had difficulty in obtaining

all the legal papers required. Each party was presently to have a

sheriff of its own. Meantime, there was at Lincoln an accommodating

justice of the peace, John P. Wilson, who was ready to give either

faction any sort of legal paper it demanded. Dick Brewer, Billy the Kid,

and nearly a dozen others of the first McSween posse started to the

lower country, where lived a good many of Murphy's friends, small cow

men and others. On the Rio Peñasco, about six miles from the Pecos, they

came across a party of five men, two of whom, Billy Morton and Frank

Baker, had been present at the killing of Tunstall. Baker and Morton

surrendered under promise of safekeeping, and were held for a time at

Roswell. On the trail from Roswell to Lincoln, at a point near the Agua

Negra, both these men, while kneeling and pleading for their lives, were

deliberately shot and killed by Billy the Kid. There was with the

Brewer posse a buffalo-hunter by the name of McClosky, who had promised

to take care of these prisoners. Joe McNab, of the posse, shot and

killed McClosky in cold blood. In this McSween posse were "Doc"

Skurlock, Charlie Bowdre, Billy the Kid, Hendry Brown, Jim French, John

Middleton, with McNab, Wait and Smith, besides McClosky, who seems not

to have been loyal enough to them to sanction cold blooded murder. These

victims were killed March 7th, 1878.

There had now been deliberate murder committed upon the one side and

upon the other. There were many men implicated on each side. These men,

in self-interest, now drew apart together. The factions, of necessity,

became more firmly established. It may be seen that there was very

little principle at stake on either side. The country was now simply

going wild again. It meant to take the law into its own hands; and the

population was divided into these two factions, to one or the other of

which every resident must perforce belong. A choice, and sometimes a

quick one, was an imperative necessity.

The next killing was that of Buckshot Roberts, at Blazer's Mill, near

the Mescalero Reservation buildings, an affair described in a later

chapter. Thirteen men, later of the Kid's gang, led by Dick Brewer,

attacked Roberts, who killed Dick Brewer before he himself died. The

death of the latter left the Kid chief of the McSween forces.

A great blood lust now possessed all the population. It wanted no law.

There is no doubt about the intention to make away with Judge Warren

Bristol of the circuit court. The latter, knowing of these turbulent

times in Lincoln, decided not to hold court. He sent word to Sheriff

William Brady to open court and then at once to adjourn it. This was on

April 1, 1878.

Sheriff Brady, in walking down the street toward the dwelling-house in

which court sessions were then held, was obliged to pass the McSween

store and residence. Behind the corral wall, there lay ambushed Billy

the Kid and at least five others of his gang. Brady was accompanied by

Billy Matthews (J. B. Matthews, now dead; postmaster of Roswell, New

Mexico, in 1904), by George Hindman, his deputy, and Dad Peppin, later

sheriff of Lincoln county. The Kid and his men waited until the victims

had gone by. Then a volley was fired. Sheriff Brady, shot in the back,

slowly sank down, his knees weakening under him. "My God! My God! My

God!" he exclaimed, as he gradually dropped. He had been struck in the

back by five balls. As he sank down, he turned his head to see his

murderers, and as he did so received a ball in the eye, and so fell

dead. George Hindman, the deputy, also shot in the back, ran down the

street about one hundred and fifty yards before he fell. He lay in the

street and few dared to go out to him. A saloon-keeper, Ike Stockton

(himself a bad man, and later killed at Durango, Colorado), offered him

a drink of water, which he brought in his hat, and Hindman, accepting

it, fell back dead.

The murder of Sheriff Brady left the country without even the semblance

of law; but each party now took steps to set up a legal machinery of its

own, as cover for its own acts. The old justice of the peace, John P.

Wilson, would issue a warrant on any pretext for any person; but there

must be some one with authority to serve the process. In a

quasi-election, the McSween faction instituted John Copeland as their

sheriff. The Murphy faction held that Copeland never qualified as

sheriff. He lived with McSween part of the time. It was understood that

he was sheriff for the purpose of bothering nobody but the Murphy

people.

Meantime, the other party were not thus to be surpassed. In June, 1878,

Governor Axtell appointed George W. Peppin as sheriff of Lincoln county.

Peppin qualified at Mesilla, came back to Lincoln, and demanded of

Copeland the warrants in his possession. He had, on his part, twelve

warrants for the arrest of members of the McSween gang. Little lacked

now to add confusion in this bloody coil. The country was split into two

factions. Each had a sheriff as a figurehead! What and where was the

law?

Peppin had to get fighting men to serve his warrants, and he could not

always be particular about the social standing of his posses. He had a

thankless and dangerous position as the "Murphy sheriff." Most of his

posses were recruited from among the small ranchers and cow boys of the

lower Pecos. Peppin was sheriff only a few months, and threw up the job

$2,800 in debt.

The men of both parties were now scouting about for each other here and

there over a district more than a hundred miles square; but presently

the war was to take on the dignity of a pitched battle. Early in July,

1878, the Kid and his gang rounded up at the McSween house. There were a

dozen white desperadoes in their party. There were about forty Mexicans

also identified with the McSween faction. These were quartered in the

Montana and Ellis residences, well down the street.

The Murphy forces now surrounded the McSween house, and at once a

pitched battle began. The McSween men started the firing from the

windows and loopholes of their fortress. The Peppin men replied. The

town, divided against itself, held under cover. For three days the two

little armies lay here, separated by the distance of the street, perhaps

sixty men in all on the McSween side, perhaps thirty or forty in all on

the Murphy-Peppin side, of whom nineteen were Americans.

To keep the McSween men inside their fortifications, Peppin had three

men posted on the mountain side, whence they could look down directly

upon the top of the houses, as the mountain here rises up sharply back

of the narrow line of adobe buildings. These pickets were Charlie

Crawford, Lucillo Montoye, and another Mexican, and with their

long-range buffalo guns they threw a good many heavy slugs of lead into

the McSween house. At last, one Fernando Herrera, a McSween Mexican,

standing in the back door of the Montana house, fired, at a distance of

about nine hundred yards, at Charlie Crawford. The shot cut Crawford

down, and he lay, with his back broken, behind a rock on the mountain

side in the hot sun nearly all day. Crawford was later brought down to

the street. Medical attendance there was none, and few dared to offer

sympathy, but Captain Saturnino Baca[H] carried Crawford a drink of

water.

[Footnote H: Captain Saturnino Baca was a friend of Kit Carson, an

officer in the New Mexican Volunteers, and the second commanding officer

of Fort Stanton. He came to Lincoln in 1865, and purchased of J.

Trujillo the old stone tower, as part of what was then the Baca

property, near the McSween residence. The Bacas were recognized as

non-combatants, but were friendly to Major Murphy. Mrs. McSween and Mrs.

Baca were bitter enemies, and it was commonly said that, as each side

had a sheriff, each side had a woman. Bonifacio J. Baca, son of Captain

and Mrs. Baca, was a protégé of Major Murphy, who sent him to Notre Dame

University, Indiana, to be educated. "Bonnie" Baca was at different

times clerk of the probate court, county assessor, deputy sheriff, etc.,

and was court interpreter under Judge Warren H. Bristol. He was teaching

school at the time Sheriff Brady was shot, and from his refuge in the

"round tower," a few feet distant, saw Brady fall. Captain Baca, wife

and son, were after that closely watched by the men of the McSween

faction, but managed to remain neutral and never became involved in the

fighting, though Billy the Kid more than once threatened to kill young

Baca.]

The death of Crawford ended the second day's fighting. Peppin's party

now numbered sixteen men from the Seven Rivers country, or twenty-eight

in all. The McSween men besieged in the adobe were Billy the Kid, Harvey

Norris (killed), Tom O'Folliard, Ighenio Salazar (wounded and left for

dead), Ignacio Gonzales, José Semora (killed), Francisco Romero

(killed), and Alexander A. McSween, leader of the faction (killed). Doc

Skurlock, Jack Middleton, and Charlie Bowdre were in the adjoining store

building.

At about noon of the third day, old Andy Boyle, ex-soldier of the

British army, said, "We'll have to get a cannon and blow in the doors.

I'll go up to the fort and steal a cannon." Half-way up to the fort, he

found his cannon--two Gatling guns and a troop of colored

cavalry--already on the road to stop what had been reported as firing on

women and children. The detachment was under charge of the commanding

officer of Fort Stanton, Colonel Dudley, who marched his men past the

beleaguered house and drew them up below the place. Colonel Dudley was

besought by Mrs. McSween, who came out under fire, to save her husband's

life; but he refused to interfere or take side in the matter, saying

that the sheriff of the county was there and in charge of his own posse.

Mrs. McSween refused to accept protection and go up to the post, but

returned to her husband for what she knew must soon be the end.

McSween, ex-minister, lawyer, honest or dishonest instigator, innocent

or malicious cause--and one may choose his adjectives in this matter--of

all these bloody scenes, now sat in the house, his head bowed in his

hands, the picture of foreboding despair. His nerve was absolutely gone.

No one paid any attention to him. His wife, the actual leader, was far

braver than he. The Kid was the commander. "They'd kill us all if we

surrendered," he said. "We'll shoot it out!"

Old Andy Boyle got some sticks and some coal oil, and, under protection

of rifles, started a fire against a street door of the house. Jack Long

and two others also fired the house in the rear. A keg of powder had

been concealed under the floor. The flames reached this powder, and

there was an explosion which did more than anything else toward ending

the siege.

At about dusk, Bob Beckwith, old man Pierce, and one other man, ran

around toward the rear of the house. Beckwith called out to the inmates

to surrender. They demanded that the sheriff come for a parley. "I'm a

deputy sheriff," replied Beckwith. It was dark or nearly so. Several

figures burst out of the rear door of the burning house, among these the

unfortunate McSween. Around him, and ahead of him, ran Billy the Kid,

Skurlock, French, O'Folliard, Bowdre, and a few others. The flashing of

six-shooters at close range ended the three days' battle. McSween, still

unarmed, dropped dead. He was found, half sitting, leaning against the

corral wall. Bob Beckwith, of the Peppin forces, fell almost at the same

time, killed by Billy the Kid. Near McSween's body lay those of Romero

and Semora and of Harvey Norris. The latter was a young Kansan, newly

arrived in that country, of whom little was known.

[Illustration: 1. IGHENIO SALAZAR 2. ALEX. A. McSWEEN 3. CAPT. S. BACA

(1) Shot and left for dead, in the Lincoln County War. (2) Leader of a

faction in the Lincoln County War. (3) Friend of Kit Carson; the man who

carried the news of the big street fight to Ft. Stanton]

With the McSween party, there was one game Mexican, Ighenio Salazar, who

is alive to-day, by miracle. In the rush from the house, Salazar was

shot down, being struck by two bullets. He feigned death. Old Andy Boyle

stood over him with his gun cocked. "I guess he's dead," said Andy. "If

I thought he wasn't, I shoot him some more." They then jumped on

Salazar's body to assure themselves. In the darkness, Salazar rolled

over into a ditch, later made his escape, stopped his wounds with some

corn husks, and found concealment in a Mexican house until he

subsequently recovered.

This fight cost McSween his life just at the point when he thought he

had attained success. Four days before he was killed, he had word from

the United States Government's commissioner, Angell, that the President

had deposed Governor Axtell of New Mexico, on account of his appointment

of Dad Peppin as sheriff, and on charges that Axtell was favoring the

Murphy faction. General Lew Wallace was now sent out as Governor of New

Mexico, invested with "extraordinary powers." He needed them. President

Hayes had issued governmental proclamation calling upon these desperate

fighting men to lay down their arms, but it was not certain they would

easily be persuaded. It was a long way to Washington, and a short way to

a six-shooter.

General Wallace assured Mrs. McSween of protection, but he found there

was no such thing as getting to the bottom of the Lincoln County War. It

would have been necessary to hang the entire population of the county to

execute a formal justice. Almost none of the indictments "stuck," and

one by one the cases were dismissed. The thing was too big for the law.

The only man ever actually indicted and brought to trial for a killing

during the Lincoln County War was Billy the Kid, and there is many a

resident of Lincoln to-day who declares that the Kid was made a

scapegoat; and many a man even to-day charges Governor Wallace with bad

faith. Governor Wallace met the Kid by appointment at the Ellis House in

Lincoln. The Kid came in fully armed, and the old soldier was surprised

to see in him a bright-faced and pleasant-talking boy. In the presence

of two witnesses now living, Governor Wallace asked the Kid to come in

and lay down his arms, and promised to pardon him if he would stand his

trial and if he should be convicted in the courts. The Kid declined.

"There is no justice for me in the courts of this country now," said he.

"I've gone too far." And so he went back with his little gang of

outlaws, to meet a dramatic end, after further incidents in a singular

and blood-stained career.

The Lincoln County War now spread wider than even the boundaries of the

United States. A United States deputy, Wiederman, had been employed by

the father of the murdered J. H. Tunstall to take care of the Tunstall

estates and to secure some kind of British revenge for his murder.

Wiederman falsely persuaded Tunstall _père_ that he had helped kill

Frank Baker and Billy Morton, and Tunstall _père_ made him rich,

Wiederman going to England, where it was safer. The British legation

took up the matter of Tunstall's death, and the slow-moving governmental

wheels at Washington began to revolve. A United States indemnity was

paid for Tunstall's life.

Mrs. McSween, meantime, kept up her work in the local courts. Some time

after her husband's death, she employed a lawyer by the name of Chapman,

of Las Vegas, a one-armed man, to undertake the dangerous task of aiding

her in her work of revenge. By this time, most of the fighters were

disposed to lay down their arms. The whole society of the country had

been ruined by the war. Murphy & Co. had long ago mortgaged everything

they had, and a good many things which they did not have, _e. g._, some

of John Chisum's cattle, to Tom Catron, of Sante Fé. A big peace talk

was made in the town, and it was agreed that, as there was no longer any

advantage of a financial nature in keeping up the war, all parties

concerned might as well quit organized fighting, and engage in

individual pillage instead. Murphy & Co. were ruined. Murphy and McSween

were both dead. Chisum could be depended upon to pay some of the debts

to the warriors through stolen cattle, if not through signed checks.

Why, then, should good, game men go on killing each other for nothing?

This was the argument used.

[Illustration: 1. MRS. SATURNINO BACA (In early life) 2. MRS. SUSAN E.

BARBER 3. MRS. SATURNINO BACA (At sixty)

The "women in the case" in the Lincoln County War. Mrs. Susan E. Barber

was known as the "Cattle Queen of the West"]

In this conference there were, on the Murphy side, Jesse Evans, Jimmie

Dolan and Bill Campbell. On the other side were Billy the Kid, Tom

O'Folliard and the game Mexican, Salazar. Each of these men had a .45

Colt at his belt, and a cocked Winchester in his hand. At last, however,

the six men shook hands. They agreed to end the war. Then, frontier

fashion, they set off for the nearest saloon.

The Las Vegas lawyer, Chapman, happened to cross the street as these

desperate fighting men, used to killing, now well drunken, came out, all

armed, and all swearing friendship.

"Halt, you, there!" cried Bill Campbell to Chapman; and the latter

paused. "Damn you," said Campbell to Chapman; "you are the ---- ---- of

a ---- that has come down here to stir up trouble among us fellows.

We're peaceful. It's all settled, and we're friends now. Now, damn you,

just to show you're peaceable too, you dance."

"I'm a gentleman," said Chapman, "and I'll dance for no ruffian." An

instant later, shot through the heart by Campbell's six-shooter, as is

alleged, he lay dead in the roadway. No one dared disturb his body. He

was shot at such close range that some papers in his coat pocket took

fire from the powder flash, and his body was partially consumed as it

lay there in the road.

For this killing, Jimmie Dolan, Billy Matthews and Bill Campbell were

indicted and tried. Dolan and Matthews were acquitted. Campbell, in

default of a better jail, was kept in the guard-house at Fort Stanton.

One night he disappeared, in company with his guard and some United

States cavalry horses. Since then nothing has been heard of him. His

real name was not Campbell, but Ed Richardson.

Billy the Kid did not kill John Chisum, though all the country wondered

at that fact. There was a story that he forced Chisum to sign a bill of

sale for eight hundred head of cattle. He claimed that Chisum owed money

to the McSween fighting men, to whom he had promised salaries which

were never paid; but no evidence exists that Chisum ever made such a

promise, although he sometimes sent a wagonload of supplies to the

McSween fighting men.

John Chisum died of cancer at Eureka Springs, Missouri, December 26,

1884, and his great holdings as a cattle king afterward became somewhat

involved. He could once have sold out for $600,000, but later mortgaged

his holdings for $250,000. He was concerned in a packing plant at Kansas

City, a business into which he was drawn by others, and of which he knew

nothing.

Major Murphy died at Sante Fé before the big fight at Lincoln. Jimmie

Dolan died a few years later, and lies buried in the little graveyard

near the Fritz ranch. Riley, the other member of the firm, went to

Colorado, and was last heard of at Rocky Ford, where he was prosperous.

The heritage of hatred was about all that McSween left to his widow, who

presently married George L. Barber, at Lincoln, and later proved herself

to be a good business woman--good enough to make a fortune in the cattle

business from the four hundred head of cattle John Chisum gave her to

settle a debt he had owed McSween. She afterward established a fine

ranch near Three Rivers, New Mexico.

Dad Peppin, known as the "Murphy sheriff" by the McSween faction, lived

out his life on his little holding at the edge of Lincoln _placita_. He

died in 1905. His rival, John Copeland, died in 1902. The street of

Lincoln, one of the bloodiest of its size in the world, is silent.

Another generation is growing up. William Brady, Major Brady's eldest

son, and Joséfina Brady-Chavez, a daughter, live in Lincoln; and Bob

Brady, another son of the murdered sheriff, was long jailer at Lincoln

jail. The law has arisen over the ruin wrought by lawlessness. It is a

noteworthy fact that, although the law never punished the participants

in this border conflict, the lawlessness was never ended by any

vigilante movement. The fighting was so desperate and prolonged that it

came to be held as warfare and not as murder. There is no doubt that,

barring the border fighting of Kansas and Missouri, this was the

greatest of American border wars.

The Story of the Outlaw: A Study of the Western Desperado · 第 14 / 22 章