The Story of the Outlaw by Emerson Hough (read aloud .txt) 📕

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.

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