Billy's Affidavit

Becky Madruga
Sep 28, 2022
6 min read

Updated: Oct 13, 2022

Territory of New Mexico

County of Lincoln

William H. Bonney being duly sworn, deponent says, that he is resident of said county, that on the 11th day of February AD 1878 he in company with Robert A. Widenmann and Fred T. Waite went to the ranch of J. H. Tunstall on the Rio Feliz, that he and Fred T. Waite at that time intended to go to the Rio Penasco to take up a ranch for the purpose of farming. That the cattle on the ranch of said J. H. Tunstall were throughout the count of Lincoln, known to be the property of said Tunstall; that on the 13th of February AD, 1878 one J. B. Mathews claiming to be Deputy Sheriff came to the ranch of said J. H. Tunstall in company with Jesse Evans, Frank Baker, Tom Hill and Rivers, known outlaws who had been confined to the Lincoln County jail and had succeeded in making their escape, John Hurley, George Hinman, Roberts and an Indian aka Poncearo the latter said to be the murderer of Benaito Cruz, for the arrest of the murderers of whom (Benaito Cruz) the Governor of this Territory offers a reward of $500. Before the arrival of said J. B. Mathews, deputy sheriff and his posse, having been informed that said deputy sheriff and posse were going to round up all the cattle and drive them off and kill the persons at the ranch, the persons at the ranch cut portholes into the walls of the house and filled sacks with earth, so that they, the persons at the ranch, should they be attacked or their murder attempted, could defend themselves, this course being thought necessary as the sheriffs posse was composed of murderers, outlaws and desperate characters none of whom has any interest at stake in the County, nor being residents of said county. That said Mathews when within about 50 yards of the house was called to stop advance alone and state his business, that said Mathews after arriving at the ranch said that he had come to attach the cattle and property of A. A. McSween, that said Mathews was informed that A. A. McSween had no cattle or property there, but that if he had he, said Mathews could take it. That said Mathews said that he thought some of the cattle belonging to R. M. Brewer, whose cattle were also at the ranch of J. H. Tunstall, belonged to A. A. McSween, that said Mathews was told by said Brewer that he Mathews, could round up the cattle and that he, Brewer, would help him. That said Mathews said that he would go back to Lincoln to get new instruction and if he came back to the ranch he would come back with one man. That said Mathews and his posse were then invited by R. M. Brewer to come to the house to get something to eat. Deponent further states that Robert A. Widenmann told R. M. Brewer and the others at the ranch, that he was going to arrest Frank Baker, Jesse Evans, and Tom Hill said Widenmann having warrants for them. That said Widenmann was told by Brewer and the others at the ranch that the arrest could not be made because if it was made they, all the persons at the ranch would be killed and murdered by J. J. Dolan & Co. and their party. That Jesse Evans advanced upon said Widenmann, said Evans swinging his gun and catching it cocked and pointed directly at said Widenmann. That said Jesse Evans asked Widenman whether he, Widenmann, was hunting for him, Evans, to which Widenmann answered that if he was looking for him, he, Evans, would find it out. Evans also asked Widenmann whether he had a warrant for him; Widenmann answered that is was his (Widenmanns) business. Evans told Widenmann, that if he ever came to arrest him (Evans) he, Evans would pick Widenmann as the first man to shoot at, to which Widenmann answered that that was all right, that two could play at that game. That during the talking Frank Baker stood near said Widenmann, swinging his pistol on his finger, catching it full cocked pointed at said Widenmann. The persons at the ranch were R. M. Brewer, John Middleton, G. Gauss, M. Martz, R. A. Widenmann, Henry Brown, F. T. Waite, Wm. McClosky and this deponent. J. B. Mathews after eating started for Lincoln with John Hurley and Ponceano the rest of the party or posse saying they were going to the Rio Penasco. Deponent started to Lincoln with Robert A. Widenmann and F. T. Waite and arrived at Lincoln the same evening and again left Lincoln on the next day, February the 14th in company with the above named persons, having heard that said Mathews was going back to the ranch of said J. H. Tunstall with a large party of men to take the cattle and deponent and Widenmann and Waite arrived at said ranch the same day. Deponent states that on the road to Lincoln he heard said Mathews ask said Widenmann whether any resistance would be offered if he Mathews returned to take the cattle, to which said Widenmann answered that no resistance would be offered if the cattle were left at the ranch but if an attempt was made to drive the cattle to the Indian Agency and kill them for beef as he, said Widenmann had been heard to say would be done, he, said Widenmann, would do all in his power to prevent this. Deponent Further states that on the night of the 17th if February AD 1878 J. H. Tunstall arrived at the ranch and informed all the persons there that reliable information had reached him that J. B. Mathews was gathering a large party of outlaws and desperados as a posse and that said posse was coming to the ranch, the Mexicans in the party to gather up the cattle and the balance of the party to kill the persons at the ranch. It was thereupon decided that all persons at the ranch excepting G. Gauss, were to leave and Wm. McClosky was that night sent to the Rio Penasco to inform the posse who were camped there, that they could come over and round up the cattle, count them and leave a man there to take care of them and that Mr. Tunstall would also leave a man there to help round up and count the cattle and help to take care of them, and said McClosky was also ordered to go to Martin Martz, who had left Tunstalls ranch when deponent, Widenmann and Waite returned to the town of Lincoln on the 13th of February, and ask him, said Martz, to come to the ranch of said Tunstall and aide the Sheriffs posse in rounding up and counting the cattle and to stay at the ranch and take care of the cattle. Deponent left the ranch of said Tunstall in company with J. H. Tunstall, R. A. Widenmann, R. M. Brewer, John Middleton, and F. T. Waite, said Tunstall, Widenmann, Brewer, Middleton and deponent driving the loose horses, Waite driving the wagon. Said Waite tool the road for Lincoln with the wagon, the rest of the party taking the trail with the horses. Deponent says that al the horses which he and party were driving, excepting 3 had been released by sheriff Brady at Lincoln, that one of these 3 horses belonged to R. M. Brewer, and another was traded by Brewer to Tunstall for one of the released horses. Deponent further says, that when he and the party had traveled to within about 3 miles from the Rio Ruidoso he and John Middleton were in drag in the rear of the balance of the party and just upon reaching the brow of a hill they saw a large party of men coming towards them from the rear at full speed and that he and Middleton at once rode forward to inform the balance of the party of the fact. Deponent had not more than barely reached Brewer and Widenmann who were some 200 or 300 yards to the left of the trail when the attacking party cleared the brow of the hill and commenced firing at him, Widenmann and Brewer. Deponent Widenmann and Brewer rode over a hill towards another which was covered with large rocks and trees in order to defend themselves and make a stand. But the attacking party, undoubtly seeing Tunstall, left off pursuing deponent and the two with him and turned back to the cano in which the trail was. Shortly afterwards we heard two or three separate and distinct shots and the remark was then made by Middleton that they, the attacking party must have killed Tunstall. Middleton had in the meantime joined deponent and Widenmann and Brewer. Deponent then made the rest of his way to Lincoln in company with Robert Widenmann, Brewer, Waite and Middleton stopping on the Rio Ruidoso in order to get men to look for the body of J. H. Tunstall. Deponent further says that neither he nor any of the party fired off either rifle or pistol and that neither he nor the parties with him fired a shot.

William H. Bonney

Sworn and subscribed before me this eighth day of June AD 1878

John B. Wilson

Justice of the Peace