Lincoln County War by Emerson Hough

The history of the American frontier is often painted with broad strokes of heroism and progress, but beneath the surface lies a complex narrative of conflict, self-interest, and the struggle for power. The concept of organized law often lagged far behind the pioneers who pushed westward, leading to periods of near-anarchy where disputes were settled by personal strength and the readily available six-shooter. This chaotic environment provided the backdrop for many border conflicts, including the infamous Lincoln County War.

The Lincoln County War was not a singular event but rather a series of interconnected conflicts that unfolded in the vast expanse of Lincoln County, New Mexico, during the 1870s. It wasn’t driven by traditional blood feuds or long-standing family rivalries. Instead, it was a brutal clash of competing ambitions, with each side vying for economic dominance and political control. The main players were supported by a network of hired guns, loyal followers, and those who saw an opportunity to profit from the chaos. This landscape of unchecked ambition and readily available violence created a powder keg ready to explode.

At the time, Lincoln County was a sprawling territory, nearly the size of Pennsylvania. Its sheer size and remote location made it difficult to govern and enforce the law. The county’s jurisdiction was initially tied to Donna Ana County for judicial purposes, encompassing the present-day counties of Eddy and Chaves, along with parts of Donna Ana County itself. This massive territory stretched west to the Rio Grande and encompassed a vast area of mountains and high tableland, measuring nearly two hundred miles square.

From this mountainous heartland flowed two vital mountain streams, the Bonito and the Ruidoso, which eventually converged into the Hondo River. The Hondo then emptied into the flat valley of the Pecos River. This river system formed a natural corridor, once the well-trodden pathway for Texas cattle herds heading north to Utah and other mountain territories. This also meant the area became a haven for both lawful and lawless individuals migrating from Texas. This influx of people, coupled with the abundance of resources, set the stage for the conflicts that would define the era.

Following the conclusion of the Civil War, Texas was overflowing with unbranded and unowned cattle. Among those drawn to the promise of the open range was John Chisum, a Texan who embodies the spirit of the frontier cattleman. Born out of Paris, Texas, which his father founded, Chisum was bold, fearless, shrewd, unscrupulous, genial, and magnetic. He was the man of all others to occupy a kingdom with no ruler.

Chisum was among the first to drive herds north along the Pecos Trail, establishing a significant presence in the territorial market. At one point, he controlled an estimated 80,000 head of cattle under his distinctive "Long I" and "jinglebob" brands. Beyond his own holdings, Chisum also possessed powers of attorney from numerous cattlemen in Texas and lower New Mexico. These documents granted him the authority to claim any cattle bearing their brands that he found on the trail. Chisum’s riders meticulously combed through every north-bound herd. If they found cattle belonging to his "friends," they were promptly cut out and added to the vast Chisum range.

This practice, while beneficial to Chisum and his allies, created friction with the smaller cattlemen who had settled on the periphery of his vast domain. These "little fellows" found themselves in a precarious position, struggling to compete with Chisum’s immense wealth and influence.

Naturally, some of these smaller ranchers were tempted to steal cattle from Chisum’s herds, viewing it as an easier path to prosperity than raising their own. A ready market existed in the Bonito Valley, at Lincoln and Fort Stanton. The soldiers stationed at the fort and the Native Americans of the nearby Mescalero Reservation required a constant supply of provisions. The beef contracts to supply these entities became another point of contention, with various individuals vying for the lucrative opportunity.

Adding to the mix was the presence of Major Lawrence G. Murphy. Following the Civil War, many veterans, including Murphy, chose to settle near their mustering-out points. Murphy, a former officer in the California Column stationed in New Mexico, became a post-trader at Fort Stanton in 1866.

Around 1865, John Chisum established his Bosque Grande Ranch. By 1875, Chisum had relocated to his South Spring River Ranch. During this time, Major Murphy was ousted from his position as post-trader by Major Clendenning, the commanding officer, due to his questionable practices. He moved nine miles down the Bonito River from Fort Stanton and established a business with two young associates under the name of Murphy, Riley & Dolan, also known as L.G. Murphy & Co.

Murphy, despite his reputation as a heavy drinker, was an intelligent, generous, bold, and shrewd individual. He provided financial backing to many of the smaller cattlemen in Lincoln County, including those who grazed their herds near Chisum’s. These men, in turn, felt obligated to support Murphy and his methods. Murphy became the dominant figure in the Bonito country, while Chisum remained the king of the Pecos, focused solely on cattle ranching and unconcerned with anything beyond grass and water.

The stage was now set for conflict. Both Chisum and Murphy sought beef contracts, creating a rivalry that fueled the growing tension. Government records later revealed that Murphy engaged in the purchase of stolen beef and supplied bran instead of flour on his Indian contracts. His associates viewed Chisum’s herds as legitimate targets. The scene was ready for a bitter border war.

The Lincoln County War encompassed several distinct phases, each with its own cast of characters and specific triggers. The Pecos War, the Horrell War, and the Lincoln County War proper were all intertwined, contributing to the overall atmosphere of violence and lawlessness.

The Pecos War was characterized by indiscriminate killings among cattlemen and cattle thieves. It lacked a clear beginning or end, resulting in numerous deaths. The Horrell War involved four brothers, Bill, Jack, Tom, and Bob Horrell, who arrived from Texas in 1872. Two of them established ranches on the Ruidoso with backing from Major Murphy.

The Horrell brothers once attempted to take control of the town of Lincoln, leading to a confrontation with local law enforcement. Jack Gylam, a former sheriff, advised the brothers to arm themselves. In the ensuing shootout, Gylam, Bill Horrell, Dave Warner, and Martinez, a Mexican constable, were killed. The Horrell brothers swore revenge.

During a dance at an adobe building in Lincoln, Ben Horrell and some men from the Seven Rivers country killed four men and one woman. This incident further escalated the conflict between Texas residents and the law. The Horrell War resulted in an estimated 40 to 75 deaths, highlighting the ineffectiveness of the legal system.

The Lincoln County War itself was about to be ignited by two elements: a law court and a woman.

The woman in question was Susan E. Barber, also known as Mrs. Susan E. McSween. Born Susan E. Hummer in Gettysburg, Pennsylvania, she hailed from a distinguished German lineage. On August 23, 1873, in Atchison, Kansas, Susan married Alexander A. McSween, a young lawyer.

McSween, a Presbyterian minister by training, was a man of intelligence and refined manners. His health was not good, and he and his wife moved to Lincoln in 1875. McSween began practicing law.

Around this time, John H. Tunstall, an Englishman seeking investment opportunities, arrived in northern New Mexico. Tunstall learned about the open cattle range in Lincoln County, met McSween, and formed a partnership in banking and mercantile. He also established a horse and cattle ranch on the Rio Feliz. This new business directly challenged King Murphy. The immediate cause of the conflict soon emerged.

Colonel Emil Fritz, a former partner of Major Murphy, had insured his life and left the policy to his sister. The sister, Mrs. Scholland, sought a divorce, and McSween became her legal counsel. News then arrived of Colonel Fritz’s death in Germany. His brother discovered that the will and insurance policy were held by Major Murphy, who refused to relinquish them. McSween obtained a court order appointing Mrs. Scholland as administrator of the Fritz estate, but Murphy still refused to hand over the will and insurance policy. The policy had been left as security for a loan from Spiegelberg Brothers.

McSween traveled east to collect the insurance money, eventually securing $10,000, which he deposited in his name in a St. Louis bank. However, the German Minister restricted McSween from disbursing the funds due to other heirs in Germany. Major Murphy repeatedly demanded the full amount of the insurance policy. Murphy, Riley & Dolan sued out an attachment on McSween’s property, which Sheriff William Brady levied on the goods in the Tunstall-McSween store. Brady and Murphy were close friends. McSween had accused them of conspiring. McSween and Tunstall bought Lincoln County scrip, but Murphy, the county treasurer, refused to pay them.

Billy the Kid, a notorious desperado, worked for Tunstall on the Feliz Ranch. The killing of Tunstall ignited the Lincoln County War.

On February 13, 1878, a posse led by William S. Morton ambushed Tunstall and his men. Tunstall was shot and killed. Dick Brewer, Tunstall’s foreman, became the leader of the McSween fighting men, known as the Regulators.

Brewer, as a "special constable," led a posse that captured Billy Morton and Frank Baker, who had been present at Tunstall’s killing. While being transported to Lincoln, Morton and Baker were killed by Billy the Kid. A buffalo hunter named McClosky was also killed by Frank MacNab.

These murders further polarized the county. On March 7, 1878, the Lincoln County War was in full swing.

On April 1, 1878, Sheriff Brady was ambushed and killed by Billy the Kid and his men. Deputy George Hindman was also killed. The murder of Sheriff Brady left the county without any semblance of law. The McSween faction appointed John Copeland as their sheriff, while Governor Axtell appointed George W. Peppin as sheriff of Lincoln County. The country was now split into two factions, each with its own sheriff.

In July 1878, the Kid and his gang gathered at the McSween house. The Murphy forces surrounded the house, and a pitched battle began. The town was divided.

For three days, the two sides exchanged fire. Charlie Crawford, a Murphy picket, was shot by Fernando Herrera. On the third day, Colonel Dudley arrived with troops from Fort Stanton. Mrs. McSween pleaded with Dudley, but he refused to interfere.

The McSween house was set on fire. As the fire spread, the inmates attempted to escape. McSween was killed, along with Bob Beckwith and others. Ighenio Salazar survived by feigning death.

Just before his death, McSween received word that Governor Axtell had been deposed. General Lew Wallace was appointed as the new Governor of New Mexico.

Wallace met with Billy the Kid and promised him a pardon if he would stand trial. The Kid declined, stating that there was no justice for him in the courts.

The Lincoln County War extended beyond the United States when the British legation took up the matter of Tunstall’s death. A United States indemnity was paid for Tunstall’s life.

Mrs. McSween employed a lawyer named Chapman to assist her in her quest for revenge. A peace talk was held, and it was agreed that the fighting should end. However, Bill Campbell killed Chapman shortly after the agreement.

Billy the Kid did not kill John Chisum, but he allegedly forced Chisum to sign a bill of sale for 800 head of cattle.

Major Murphy died in Santa Fe. James Dolan died a few years later and was buried near the Fritz ranch. Riley went to Colorado. Mrs. McSween remarried and became a successful businesswoman.

George Peppin and John Copeland both died in the early 1900s. The street of Lincoln is now silent.

The law never punished the participants in this border conflict, but 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. This was one of the greatest of American border wars, second only to the Kansas-Missouri Border War.