In the month of February, 1878, W. S. Morton, who held a commission as deputy sheriff, raised a posse of fighting cowboys and went to one of the Tunstall cow-camps on the upper Ruidoso river, to attach some horses, which were claimed by the Murphy-Dolan outfit.
Tunstall was at the camp with some of his employes, who “hid out” on the approach of Morton and the posse.
It was claimed by Morton that Tunstall fired the first shot, but that story was not believed by the opposition.
In the fight, Tunstall and his mount were killed. While laying on his face gasping for breath, Tom Hill, who was later killed while robbing a sheep camp, placed a rifle to the back of his head and blew out his brains.
This murder took place on the 18th day of February, 1878.
Before sunset a runner carried the news to “Billy the Kid,” on the Rio Feliz. His anger was at the boiling point on hearing of the foul murder. He at once saddled his horse and started to Lincoln, to consult with Lawyer McSween.
Now the Lincoln County war was on with a vengeance and hatred, and the “Kid” was to play a leading hand in it. He swore that he would kill every man who took part in the murder of his friend Tunstall.
At that time, Lincoln County, New Mexico, was the size of some states, about two hundred miles square, and only a few thousand inhabitants, mostly Mexicans, scattered over its surface.
On reaching the town of Lincoln, the “Kid” was informed by McSween that E. M. Bruer had been sworn in as a special constable, and was making up a posse to arrest the murderers of Tunstall.
“Billy the Kid” joined the Bruer posse, and they started for the Rio Pecos river.