An overview of the conflict that created Billy the Kid and Pat Garrett

1. The Lincoln County War
Jerome A. Trujillo
Professor Warren M.A., J.D.
History 517
November 16, 2010
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2. Introduction
The Lincoln County War was one of the most volatile conflicts in the history of the
American West and has been the subject of much debate and entertainment. The War itself has
been the subject of fact and fiction since its conclusion, for as cinema became more prevalent,
Hollywood got in on the action by producing many films on the subject that distorted the truth
(Nolan 3). At its finale, The Lincoln County War did not have any true victors and in the end the
town of Lincoln faded in prominence. The intent of this paper is to look at the origins of the
conflict as well as the roles that L.G. Murphy, James Dolan, Alexander McSween, John Tunstall
and the Regulators played. In addition, this analysis will focus on the attitude of the territorial
government as well as impact on modern day New Mexico. For the sake of time and space, this
paper will not focus exclusively on William Bonney and Pat Garrett.
Origins of the Lincoln County War
The Lincoln County War is one of the most intriguing and tragic wars in the history of
American West, for more than 15 participants were killed in the town of Lincoln alone (65). The
Lincoln County War was brought about by two factions competing for the finite resources of
Southeastern New Mexico such as cattle contracts, the mercantile business and banking. Prior to
the start of hostilities, the James Dolan and Lawrence Murphy faction controlled most of the
interests in Lincoln, NM; on the other hand, when John Tunstall came into town he aligned
himself with Alexander McSween and John Chisum and threatened the entrenched Murphy-
Dolan faction’s hold on the county (www.wikipedia.org/Lincoln County War).
By the mid 1870’s Lawrence Murphy and James Dolan had moved to Lincoln, New
Mexico with the intent establishing a dry goods monopoly in the territory and controlling all
commerce in the area. The Murphy-Dolan faction ran their business out of the “house”, which
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3. was a building in Lincoln that resembled its name sake and it was in this place that they
conducted their business. The Murphy-Dolan faction did many dishonest things such as stealing
cattle from other ranches and in turn selling it to the U.S. Government (www.jcs-
group.com/oldwest/war/lincoln.html 1). What is most troubling about the Murphy-Dolan faction
is that they forced local farmers to sell their produce at marked down prices and if they did not,
they would be run out of the county (Fulton 51).
The expansion and growth of the west brought people from all walks of life to the region
seeking their fame and fortune. One such person was John Henry Tunstall and when he came to
Lincoln, New Mexico he brought with him a style of business that would upset the Murphy-
Dolan faction. In the case of Tunstall that style of business was learned in the tough business
climate of London; and because of that the Murphy Dolan bunch was taken by surprise. In
addition, he found an ally in Alexander McSween and with him by his side, also established a
bank that gave local citizens choices and better rates for food and other items (Keleher 40).
When John Tunstall allied himself with Alexander McSween, he upped the anti because
McSween had been angling for a share of the Murphy-Dolan monopoly. The tipping point in the
war may have centered on proceeds from a life insurance policy that McSween negotiated on
behalf of the Fritz family who were part of the original Murphy-Dolan faction. According to
James Dolan, McSween refused to release the negotiated insurance settlement to the Fritz family
until he could collect his fee. Through Dolan’s encouragement, the family of the deceased
pressed charges of embezzlement on McSween and as result the judge confiscated all of his and
Tunstall’s property. Sheriff William Brady went to Tunstall’s store and began confiscating all
store items and inventory (Utley 39). Tragedy struck when a group of Sheriff Brady’s men went
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4. after Tunstall’s cattle and in the ensuing chase to confiscate them, John Tunstall was killed or as
some would say, murdered (46).
It can be said that the origins of the Lincoln County War were the result of monopolistic
greed on the part of both parties; however, it was the Murphy-Dolan faction that was relentless in
the suppression of any type of financial competition. It was this relentless and aggressive greed
on the part of Murphy-Dolan that gave rise to the Lincoln County War.
Characters That Brought War About
The Lincoln County War was such a memorable affair because it involved some of the
most interesting characters as well as spawned the legend of Billy the Kid. There were well over
20 characters that played a role in this conflict; however, the characters that most influenced the
war will be the focus of this section. Men such as L.G. Murphy, James Dolan, John Tunstall,
John Chisum and William Bonney and the Regulators will forever have a place in the history of
the west.
One of the most influential men in this story was Lawrence Murphy and by default a man
by the name of Emil Fritz, for it was their partnership that created the business enterprise known
as Murphy and Co. Lawrence Murphy and Emil Fritz like many men of the era had served in the
U.S. Army and both men ended up in New Mexico. Murphy served in a variety of capacities in
the 1st New Mexico Volunteers until his separation in 1866 (Fulton 46). Murphy’s partnership
with Emil Fritz did not last too long for Emil passed away from tuberculosis while visiting
family in his home of Stuttgart, Germany (Fulton 47).
After the death of Emil Fritz, James Dolan took a leadership role within the organization.
Just like Murphy, James Dolan was also an Irish immigrant who served in the Army prior to
coming to Lincoln, New Mexico. Dolan had become a skillful negotiator and as a result was
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5. hired by Murphy as one of his store clerks (47). Within a few short years Murphy sold his
business to James Dolan who renamed the company J.J. Dolan and Co (48). As time went on
both men consolidated their hold on Lincoln running everything from cattle to banks to Indian
affairs; they even likened themselves to a mini version of the Santa Fe Ring run by Governor
Axtell (Fulton 52-53).
The story of John Tunstall is one of the most interesting stories in the tragic war, for he
came to the region from London looking to make money and a name for himself. Unlike the
Murphy-Dolan faction that learned that the only way to make money was to take it using any
means, Tunstall believed in harsh business tactics where the best business man won and the
courts could be called in to settle disputes (56). What Tunstall failed to understand is that the
Murphy-Dolan faction was not going to simply allow him to run them out of business; on the
other hand, they would push back relentlessly to keep their stake in Lincoln intact.
The man whom by far had one of the greatest impacts on the Lincoln County War was
Alexander McSween. Alexander was such a good lawyer that he came to the attention of Cattle
Barron John Chisum. McSween was a tough man and wanted to bring law and order to the town
of Lincoln and he worked very hard to do that (55). In addition, McSween was good at making
enemies and had no problem taking on the Murphy clan even going to the extent of haggling
over the price of legal fees (56). It was McSween that advised Tunstall to open up a store and
use some of his family’s finances to set up a well stocked establishment that could compete with
Murphy and Dolan. McSween managed to become one of Tunstall’s partners and handle all of
his legal matters (63).
The Regulators who were originally run by Alexander McSween acted as the
enforcement arm of the Tunstall-McSween faction. After McSween released the reigns of the
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6. regulators, Dick Brewer took over the organization. After the killing of Tunstall, Dick Brewer
went to the local Justice of the Peace and was deputized for the purpose of tracking down the
killers (Utley 54). The thing to keep in mind when discussing the regulators is that hey were not
vigilantes, because there was not an absence of law. On the other hand, they were attempting to
wrest control of the law from the Murphy-Dolan faction (55). The most notable regulator was
Jim French, George Coe and none other than William Bonney (Coe lvii).
All of these larger than life characters left an indelible imprint on the state. Furthermore,
the fact that these individuals were able to exasperate the problem and be under the protection of
the law was not helpful. In addition, the actions of the Territorial government may have helped
set the climate for the terrible events to come.
Attitude of Territorial Government during Lincoln County War
As the Lincoln County War got underway the Territorial government struggled to find
ways to quell the violence and bring order to the region. For the longest time, the Territorial
government allowed outlaws to ride through Southeastern New Mexico with impunity and steal
cattle and murder local citizens. For the duration of the War both Governors Axtell and Wallace
both struggled with understanding the ramifications of the conflict and its affect on the state
(Nolan 151).
During the opening stages of the war Governor Samuel Axtell decided to get a first hand
view of the war by visiting Lincoln. The Governor’s visit was a good thing; however, the
problem was that the Governor spent only three hours in the town prior to leaving and all of his
time was spent in the company of Murphy and Dolan. In addition, during his visit he did not
meet or attempt to confer with any members of the McSween faction (223). During the visit he
also completed several acts that were questionable, such as the removal of Justice of the Peace
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7. Wilson and revocation of all warrants and other processes that he may have awarded (223).
Furthermore, the revocation of Wilson’s warrants made unlawful the killings conducted by the
Regulators and turned them into outlaws (225).
To compound the issues of an inadequate territorial response, the Territory’s media
outlets did not help the situation. The New Mexican newspaper took on a pro Governor Axtell
tinge in describing the events in Lincoln and managed to paint the anti Murphy-Dolan forces as
criminals. In addition, the papers did not perform their due diligence and ask the tough
questions to determine the extent of the conditions in Lincoln (226).
By the time that Axtell’s successor, Lew Wallace, took over the territorial governorship,
things were out of hand, for many settlers were leaving the area, including the post offices in
Seven Rivers and Roswell, New Mexico (379). In order to bring law back to the area, Governor
Wallace relived the military commander of the area, Lieutenant Colonel Dudley. In turn he
placed a Captain Carrol in charge of the battalion and the town of Lincoln. On the cover this
appeared to be a good move, but in hindsight, by focusing on the removal of Dudley as the
Commander, Governor Wallace placed blame on the military and exonerated the Murphy-Dolan
faction (381). In addition, Governor Wallace attempted to gain control of the situation by
accomplishing the following tasks:
1. The governor had his staff draw up a list of charges of all men who committed murder
during the war (381);
2. The governor then went after all individuals guilty of cattle rustling;
3. And found a witness to the killing of a Mr. Huston Chapman who was a member of the
Tunstall-McSween faction.
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8. Of all the tasks that the governor performed, the one that bears the most controversy was
finding an eye witness to the murder of Huston Chapman. That witness turned out to be none
other than William Bonney (aka Billy the Kid) and it was controversial because Governor
Wallace allegedly offered amnesty to him in return for his sworn statement. In the end,
William Bonney was not offered Amnesty and Governor Wallace left New Mexico and was
appointed to the Ambassadorship of Turkey. By not standing by his word, the Governor may
have placed William Bonney in the predicament of continuing his run as an outlaw (414). In
the end it was Sherriff Patrick Garrett of Lincoln County who hunted down and ended
William’s life (http://www.nytimes.com)
Lincoln County War and Modern Day New Mexico
At the end of the Lincoln County War there were not any real victors for by the end of
the carnage many of the iconic individuals lay dead and Southeast New Mexico saw its
population decrease (Nolan 441). Prior to the start of the War, the population of Lincoln was
approximately 450 people. By 1888, the population had grown to over 800 people and was a
ranching center; however, by the early 1900s all of that changed when the rail road moved to
Carrizozo, New Mexico; as a result, the population declined to its current number of 75
(http://www.legendsofamerica.com).
In addition, what most people remember about the Lincoln County War is the legend of
William Bonney or Billy the Kid. His persona of a western Robin Hood taking on the rich and
helping the poor has continued to this day. The legend is very much alive and it was only several
years ago that the Sheriffs of Lincoln and DeBaca County attempted to exhume the body of
William Bonney to determine if he really was dead (Gardner 255). To add excitement to the
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9. Billy the Kid saga, Governor Bill Richardson is considering holding a hearing to determine if he
should pardon William Bonney for all of his crimes (http://www.abqjournal.com/abqnews).
Conclusion
The Lincoln County War had a minor impact on the territorial history of New Mexico. In
addition, at the conclusion of the conflict there were not any true winners or losers and as a result
the population of Lincoln decreased as more business moved to Carrizozo and the town became
a historical landmark. In hindsight, the war was fought for a variety of reasons both legitimate
and illegitimate and in terms of long term ramifications the state recovered and the story was
immortalized (Wallis 250).
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10. Works Cited
Coe, George W. Frontier Fighter: The Autobiography of George W. Coe. Chicago:
Lakeside Press, 1984.
Fulton, Maurice G. History of the Lincoln County War. Tucson: University of Arizona
Press, 1968.
Gardner, Mark Lee. To Hell on a Fast Horse: Bill the Kid, Pat Garrett, and the Epic
Chase to Justice in the Old West. New York: Harper Collins Publishing, 2009.
Keleher, William A. Violence in Lincoln County: 1869-1881. Albuquerque: University of
New Mexico Press, 1957.
Nolan, Frederick. The Lincoln County War: A Documentary History. Norman and
London: University of Oklahoma Press, 1992.
Utley, Robert M. Billy the Kid: A Short and Violent Life. Lincoln and London:
University of Nebraska Press, 1989.
Wallis, Michael. Billy the Kid: The Endless Ride. New York and London:
W.W. Norton and Company, 2007.
Lincoln County War. 11 November 2010
<http://en.wikipedia.org/wiki/Lincoln_County_War>
The Spell of the West: Lincoln County War. 07 November 2010
<http://www.jcs-group.com/oldwest/war/lincoln.html>
New Mexico Legends: New Mexico’s Lincoln County War. 07 November 2010
<http://legendsofamerica.com/nm-lincolncountywar.html>
Slides, Hampton. “Not-So-Charming Billy.” New York Times on the Web 06 September
2010. 15 November 2010.
<http://www.nytimes.com/2010/09/07/opinion/07Sides.html?_r=2>
“NM Author Chides Gov over Possible “Billy” Pardon.” Online posting. 07 September
2010. 15 November 2010
<http://www.abqjournal.com/abqnews/abqnewseeker-maimenu-39/23752-955am-nm-
author-blasts-gov-over-possible-billy-pardon.html#disqus_thread>
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