Lincoln County, Territory of New Mexico, had more murders, thieves, cutthroats, drygulchers and assorted sinners per square foot than Sodom and Gomorrah. Lincoln County was in such a state of anarchy by the 1870's that the poor Mescaleros on the Reservation next door could barely have a glass of Mescal or chew a little Peyote in peace. Some of them abandoned their crops and fled to the mountains for a little tranquillity and others joined in the mayhem. Routine run of the mill gun fights and killings were occasionally supplemented by more entertaining destruction like the Herrold Brothers Raid that nearly precipitated civil war in 1873. The five Herrold brothers, in company with a few other hard eyed Texans, showed up in Lincoln in 1873 to engage in ranching. One of the brothers apparently had a difference of opinion with a deputy sheriff and was shot down for his failure to communicate. The surviving brothers took offense and determined on revenge. On the night of December 20, 1873, they rode into Lincoln, shot up a wedding reception, and killed four men. William Brady, L.G. Murphy and J.J. Dolan organized a vigilante committee and requested the assistance of federal troops. General Pope telegraphed headquarters, New Mexico, to instruct the commanding officer at Fort Stanton to take no action, whatever, in any disturbances, until summoned by U.S. officers as a posse to execute the mandates of the U.S. Court. The Herrold brothers, feeling the need for a change of scenery, went where all outlaws eventually go, Texas. War was averted for the nonce. Things began to look more promising when the legendary cattle baron John S. Chisum appeared on the Pecos River in 1876. Chisum had made a fortune supplying beef to the government for Indian reservations and in 1883 would establish a ranch near Roswell, New Mexico and become not only one of the first cattlemen in the area but also one of the largest. The local old boy club suddenly found they had a barracuda in their swimming pool. The local Democrat machine ran by James J. Dolan and James H. Riley had close ties with corrupt Republican officials in the notorious Santa Fe Ring at the capitol, in particular, Thomas B. Catron, attorney general of New Mexico Territory and president of the First National Bank of Santa Fe. Lawrence G. Murphy owned a large mercantile store in Lincoln, known as "The House" in partnership with James J Dolan, which dominated the area economically. Murphy virtually named public officials and lawmen. Murphy sold his share to Dolan on April 20 1877 but continued running his other business interests in Lincoln. The House supplied beef to the government under contract and Catron along with other republican friends at Santa Fe kept the profits at enormous levels. And they say Democrats and Republicans can't work together. Anyway, Chisum, who was not only preempting large sections of government land for his growing herds but also resented control of the cattle market by mere merchants was starting to pose a threat to the cozy old boy network. Chisum had previously experienced legal difficulties with Catron and saw no reason to reach an accommodation with the local powers. Alexander McSween, Lincoln lawyer and onetime legal council for Murphy and Dolan, joined forces with Chisum. McSween served as executor of the estate of one Emil Fritz and broke with Murphy and Dolan over a $10,000 insurance life policy on Fritz. Murphy and Dolan claimed the proceeds as creditors of Fritz and McSween, as executor refused payment on the grounds that the claim was fraudulent. Murphy and Dolan charged that McSween was an embezzler. The dispute soon escalated into a no holds bared, no quarter given legal battle. The kettle really started boiling in 1877 with the arrival of a wealthy young Englishman named John H. Tunstall. Tunstall allied himself with Chisum and McSween and proposed to not only compete with Murphy and Dolan on all fronts but to replace them as the dominant business force combine of the county. The stakes were high and guns, with or without names, started drifting into Lincoln to work for one side or the other. The small ranchers were divided in sentiment. Some resented Chisum, for his wholesale seizure of public land, and lined up with The House while others, who resented the harsh credit terms and low prices paid for cattle by The House, joined Chisum. The mortality rate in Lincoln increased rapidly as trigger-happy partisans shot it out on the streets with little or no excuse. Sheriff William Brady was a Murphy-Dolan puppet and constantly harassed the Chisum forces with innumerable offenses and trumped up charges. Tunstall upped the ante by opening a rival store and undercutting The House's prices. The pot boiled over in February 1878. The legal squabble over the Fritz estate resulted in the issue of attachments on McSween's property including the goods in the new Tunstall store. Sheriff William Brady attached the property in Lincoln while a deputy with a large posse of known gunmen attached the property in the outlying areas. While returning to Lincoln the posse encountered Tunstall and a small hunting party, which included Billy the Kid. The posse murdered Tunstall in cold blood. Billy the Kid and the others, who were some distance away escaped. Billy the Kid regarded Tunstall as a father figure and was deeply affected by the murder. Billy said “He was the only man that ever treated me like I was free-born and white" and swore over Tunstall's grave, I'll get every son of a bitch who helped kill John if it's the last thing I do." New Mexico Territorial Governor Samuel B. Axtell hurried to Lincoln and telegraphed President Hayes for federal troops. Axtell supported the Murphy-Dolan faction and placed full blame for the disturbances on Alexander McSween. Captain George Purington rode posthaste to Lincoln with twenty-five troopers, the Buffalo Soldiers, of H Company, 9th Cavalry. The situation was so confusing that Purington was temporarily at a loss as how to proceed. Justice of the Peace, John B. Wilson issued warrants for the arrest of Sheriff Brady's posse. Brady demanded assistance in arresting members of the McSween faction. United States deputy marshal Weideman argued that the troopers should assist him. Purington decided to protect the women and children. He notified the leaders of both factions that they were free to withdraw to the mountains and fight to their hearts content if they were spoiling for a fight. General Pope cast the deciding die and ordered Purington to assist the Sheriff until the conflict ceased. The Ninth were now in the war on the Murphy-Dolan side as Sheriff Brady was in Murphy's pocket. Brady refused to arrest members of his own posse for the murder of Tunstall so in March Richard Brewer organized a posse which included Billy the Kid and armed with badges and the warrants issued by Justice of the Peace Wilson set out in search of the murders. They soon found and arrested Frank Baker and William Morton. The posse was afraid that Sheriff Brady would release the prisoners in Lincoln so they executed Baker and Morton along with a member of the posse that proved to be a Murphy spy on the way back and unleashed the Dogs of War. Sheriff Brady and deputy George Hindman were shot down on Lincoln's' main street on April 1 by a volley of shots fired from behind an adobe wall in the rear of Tunstall's store. Deputy J.B. Matthews, who was with Brady and Hindman, narrowly avoided the same fate. Billy the Kid and three other members of the McSween faction were accused of the murders. Captain Purington, Lieutenant G.W. Smith and H Company returned to Lincoln and assisted by George W. Peppin, a tool of the Murphy-Dolan crowd, began making arrests and searching houses, including McSween's, without warrants. The Ninth Cavalry officers at Fort Stanton had been outwardly at least impartial up to now but Purington's actions on April 1 were the harbinger of a partiality towards the Murphy-Dolan faction that would soon become obvious. April 5th brought more killings and the Lincoln county commissioners offered a reward of two hundred dollars for the assassins of Brady and Hindman "dead or alive." Andrew “Buckshot" Roberts went bounty hunting and found more than he bargained for. He caught up with Billy the Kid, Richard Brewer and several others at Blazer's Mill on the Mescalero Reservation. A blaze of gunfire erupted and when the shooting stopped Roberts lay mortally wounded and Brewer was dead. The county commissioners elected a McSween sympathizer, John S. Copeland, as Sheriff. Copeland requested assistance from Lieutenant Colonel N.A.M. Dudley the eccentric new commander at Fort Stanton. Lieutenant Smith and twenty troopers of H Company assisted Copeland in his attempt to disarm and arrest armed roving bands. Copeland apparently made an honest effort to control the situation and this displeased the Murphy-Dolan faction. Governor Axtell removed Copeland from office at the instigation of the Murphy-Dolan faction with, as some evidence suggests, the connivance of Lt. Colonel Dudley and appointed the obsequious sycophant George Peppin as Sheriff. Washington was growing concerned over the increasing demands for troops in the bloody Lincoln County War and Pope was unhappy with the unpredictable Lt. Colonel Dudley in command at Fort Stanton. Colonel Edward Hatch, commanding officer of the Ninth Cavalry, was ordered to submit “full and frequent reports" on all use of troops in civil matters in Lincoln County. Colonel Hatch received a telegram from Governor Axtell, on May 30, requesting troops be sent to Roswell, New Mexico where rustlers were not only stealing cattle but had also had the audacity to steal some horses belonging to Attorney General Catron. Governor Axtell also requested that sufficient troops be sent to Lincoln County to “disarm all bands of men found there, whether they claim to be sheriffs posse or otherwise." Captain Carroll was dispatched to Lincoln with F Company and H Company was dispatched to Roswell. Colonel Hatch forwarded a review of the troubles in Lincoln County to department headquarters and requested clarification of the extent of military participation authorized. Colonel Hatch also ordered Lt. Colonel Dudley to cooperate with Sheriff Peppin and to provide escorts for cattle being driven to the Mescalero Reservation. The Calm Before the Storm descended over Lincoln County. Lt. Colonel Dudley reported on June 7 that all was quiet. The only request for troops came from Agent Godfroy who required assistance in stopping the sale of whiskey to the Indians in Tularosa. Sheriff Peppin went to Fort Stanton on June 18 and requested troops to assist in making arrests in Lincoln. Lt. Colonel Dudley approved the request and Lieutenant Goodwin and twenty-seven troopers set out for Lincoln with Sheriff Peppin. They were joined on the way by John Kinney, a notorious gunman and nineteen other heavily armed citizens. Lieutenant Goodwin refused to enter Lincoln in company with this hardcase posse and remained on the outskirts of town with his troopers while Sheriff Peppin and his posse searched Lincoln. The posse failed to find any members of the McSween faction and Lieutenant Goodwin returned to Fort Stanton with his troopers. Adjutant General Townsend telegraphed General Pope, who in turn informed Colonel Hatch, on June 25, that the troops at Fort Stanton were to give no further assistance to the civil authorities in Lincoln County. Sheriff Peppin, however, again came knocking on the gates of Fort Stanton requesting assistance in annihilating the McSween forces. Lt. Colonel Dudley refused at first but when Sheriff Peppin persisted and signed an affidavit that his deputy had not been able to serve warrants the request was granted. Captain Carroll, Lieutenant Goodwin and thirty -five Buffalo Soldiers were detailed and accompanied Sheriff Peppin to the Coe Ranch some twenty-five miles south of Fort Stanton where a courier overtook the troop with orders to return to the Fort. A delegation of twenty-seven Mexican women came to Fort Stanton on July 6 and begged Lt. Colonel Dudley for protection "in the name of God and the Constitution". Lt. Colonel Dudley informed Colonel Hatch that the officers and men of the Fort were embarrassed to stand idly by unable to give assistance. Lt. Colonel Dudley's hands were further tied when the assistant adjutant general of the army issued General Orders No. 49, dated July 7, 1878, but our man N.A.M. Dudley was not one to let mere orders interfere with his agenda. Matters came to a head on July 15 when Alexander McSween rode into Lincoln with forty-one men and prepared for War. He stationed his men in strategic places and awaited Sheriff Peppin's pleasure. Sheriff Peppin was not one to lollygag around and speedily converged on Lincoln with a posse of fifty men. Deputy Sheriff John Long was send to serve warrants on a number of men stationed in McSween's house. The occupants took umbrage at Deputy Long's impudent behavior and expressed their outrage with a hail of gunfire. Deputy Long was forced to abandon his scheme and take cover. Both sides dug in during the night and with the morning light the streets of Lincoln were filled with flying lead. Neither side was able to gain the advantage and a stalemate developed. The enterprising Sheriff Peppin rode out to the Fort and requested the loan of a howitzer and a few shells. Lt. Colonel Dudley refused to loan out one of his howitzers but did dispatch Private Berry Robinson of H Company to Lincoln as a courier. Private Robinson reported to Sheriff Peppin safely but as he passed the McSween house a few bullets had zipped dangerously close. Lt. Colonel Dudley claimed that the shots had been deliberately aimed at Private Robertson and used what was more than likely a few stray shots as a causi bella. The battle raged for four days while Lt. Colonel Dudley conferred with his officers. He finally satisfied himself that intervention was warranted in spite of General Orders No. 49 and saddled every man of H and F Companies and taking a howitzer, a Gatling gun, two thousand rounds of ammunition and three days rations rode into Lincoln on July 19 for the sole purpose of protecting women and children. Lt. Colonel Dudley paraded his troops down the main street and went into camp at the lower end of town. He issued an invitation to women and children to take shelter with the troops and many did. Lt. Colonel Dudley having accomplished his announced purpose then summoned Justice of the Peace Wilson and forced the frighten man to issue warrants for the arrest of McSween, Billy the Kid and others and then assisted the posse in attempting to serve them. McSween's home was set ablaze and McSween was shot down in his own backyard along with three others. Billy the Kid and five men escaped. The Battle of Lincoln was over but not the War. Lt. Colonel Dudley inspected the still smoldering ruins of the McSween home the following day but was ordered off the property by Mrs. McSween. McSween's body lay where it had fallen and was being pecked by chickens. Two Buffalo Soldiers shooed the chickens away but Mrs. McSween refused all belated offers of assistance from Lt. Colonel Dudley. McSween's unwashed body was wrapped in a blanket, placed in a box and buried without ceremony. Lt. Colonel Dudley returned to Fort Stanton satisfied that he had done his duty. The Murphy-Dolan faction exercised the right of the victor and looted the Tunstall store of thousands of dollars of merchandise without interference from the Sheriff or the Buffalo Soldiers of the Ninth Cavalry. Colonel Hatch read the reports and informed Lt. Colonel Dudley that his actions were illegal and would cease at once. Lincoln and neighboring Dona Ana County continued to be plagued by killing, stealing and general wrong doing. A gang known as the Wrestlers attacked the Bartlett Ranch below Fort Stanton, abducted the wives of two ranch hands, stripped them naked and raped them. Captain Carroll and twenty troopers of F Company were unable to apprehend the outlaws. Governor Axtell's involvement in Lincoln County resulted in his dismissal and replacement by General Lew Wallace, the author of Ben-Hur, on September 30, 1878. Governor Wallace asked Colonel Hatch for troops to restore order in Lincoln County. Colonel Hatch telegraphed General Pope for instructions. Colonel Hatch received his marching orders on October 8 in the form of a presidential proclamation. All belligerents in the New Mexico Territory, and those in Lincoln County in particular, were ordered to disperse peaceably to their homes before noon on October 13, or else military force would be invoked and continue as long as resistance lasted. Violence subsided and Governor Wallace issued a general amnesty with the exception of the officers at Fort Stanton. Lt. Colonel Dudley was, as usual, embroiled in controversy. He wrote Governor Wallace an insulting letter and maligned the character of Mrs. McSween while engaging in a bitter quarrel with Mrs. McSween's attorney, Huston Chapman. Mrs. McSween blamed Lt. Colonel Dudley for the results in Lincoln and Chapman charged that Dudley was "criminally responsible" for McSween's death in a letter to Governor Wallace. Governor Wallace was fed up with Lt. Colonel Dudley and in December he formally requested Colonel Hatch to remove Dudley from command at Fort Stanton. Colonel Hatch had previously unsuccessfully tried to rid himself of Dudley and he forwarded the request through channels. The request was approved by Generals Pope and Sheridan but was disapproved by General Sherman. Houston Chapman was shot and killed on the steps of the Lincoln County Courthouse on February 18, 1879, by two gunmen of the Murphy-Dolan faction. Chapman was unarmed and the killing was without provocation. Peppin had been replaced as Sheriff by George Kimbell and Sheriff Kimbell was at Fort Stanton when the killing occurred requesting assistance in arresting Billy the Kid and his companions who were roaming the streets with impunity. Sheriff Kimbell had been unable to find anyone with enough courage to join a posse that intended to tangle with Billy the Kid. A grand jury convened in Lincoln on April 14 and returned over two hundred indictments. Most of the indictments were against members of the Murphy-Dolan faction. Dudley was charged with arson in the burning of the McSween home. A court of inquiry assembled at Fort Stanton on April 16 to review a host of charges against Dudley, growing out of his actions in Lincoln on July 19-20 and later. Dudley was acquitted on the arson charge by a jury in Mesilla and following seven weeks of hearings the court of inquiry cleared him of all charges. Governor Lew Wallace, Colonel Hatch and General Pope were convinced that there had been a whitewash but Dudley was soon commanding officer at Fort Cummings. The Lincoln County War was officially over but small detachments of the Ninth continued to assist civil officials in running down desperadoes in Lincoln and Dona Ana Counties. The further adventures of Billy the Kid and the Buffalo Soldiers, are of course, another story. Main Page irby@geocities.com |