the dirt, took his pistol, and shot him in the back of the head. An investigator later implicated Jesse Evans in the shooting as well. The final move was to shoot Tunstall’s horse. Brady’s men covered Tunstall with a blanket and put his bloody topcoat under his head, as if for a pillow. They put Tunstall’s hat under the horse’s head.
The Kid and the rest of Tunstall’s men watched horrified from the cover of the nearby rocks and trees. When Tunstall’s body was laid out in McSween’s parlor, Billy approached the dead man and said, “I’ll get some of them before I die.” McSween was a lawyer, though, and wanted to take a lawful approach to getting revenge for his partner’s death. Knowing that most of law enforcement was on The House’s payroll, McSween obtained an arrest warrant for Sheriff Brady and his posse from the justice of the peace, John B. Wilson.
The Kid and Fred Waite were deputized, and along with Constable Atanacio Martinez, who was not very eager to be party to arresting Sheriff Brady, went to Dolan’s store to serve the warrants. Brady and other associates of The House greeted them, guns drawn. Instead of arresting Brady and his crew, Billy and his men were taken at gunpoint to the county jail, where they remained until after Tunstall’s funeral.
McSween tried to enlist the help of authorities to investigate not only the murder of Tunstall, but also what amounted to an organized crime syndicate led by Dolan. However, when one of the Kid’s friends, Rob Widenmann, claimed that Dolan tried to have him poisoned, it merely added fuel to the fire, and it was evident that the violence was not about to end. Under investigation for embezzlement anyway – charges of which he was later cleared - McSween wrote his will and took off to the mountains with his wife.
With McSween on the run, Squire Wilson appointed Dick Brewer, Tunstall’s foreman, as a “special constable” with the authority to make arrests. Brewer formed a posse, the Regulators, which included the Kid, Charlie Bowdre, and several other men, including some Mexican-Americans who wanted to fight The House. At times, the Regulators had as many as 60 men under its umbrella. Acting as a lawfully appointed posse, the Regulators operated for five months with the sole intent of avenging the death of John Tunstall. Many claimed that of all of the Regulators, the Kid was the most loyal and he was present for every gun battle that took place.
In March 1878, about one month after Tunstall’s murder, the Regulators found Buck Morton, the man who shot Tunstall out of his saddle, and two other men. It’s been claimed that Morton surrendered only on the condition that his captors would promise to bring him back alive to Lincoln. Dick Brewer assured the prisoners they would reach Lincoln alive, and when other members of the posse argued in favor of killing them, one of the Regulators, William McCloskey, argued against it.
3 days later, on March 9, 1878, Morton, Baker and William McCloskey were all dead. It’s been assumed that they were shot because the Regulators assumed if they took the men to Sheriff Brady he would just let them go. The Regulators insisted that Morton and Baker had tried to escape and shot McCloskey in the process, but most were skeptical that Morton would shoot his one friend. They also figured it was no coincidence that Morton and Baker had been shot 11 times, once for each Regulator in the posse. On top of that, Tom Hill and Jesse Evans, who had also been part of Tunstall’s murder, were also shot while trying to steal sheep. Hill died and Evans was badly wounded.
While the vigilante justice was carrying itself out on March 9, on that same day Governor Samuel Axtell rode into Lincoln County to investigate, per the request of Brady, who described the situation in Lincoln County as “anarchy.” Federal troops from Fort Stanton were put on alert, and Axtell cancelled Squire Wilson’s appointment as justice
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