Wednesday, January 1, 2025

Wyatt Earp's Vendetta Posse Charged With The Murder Of Frank Stilwell


By March 25, 1882, a Grand Jury charged Wyatt Earp, his brother Warren Earp, Doc Holliday, and the others in the entire Earp Posse with the murder of Frank Stilwell. 

The below transcript of the murder indictment was returned as a "True Bill" by Grand Jury foreman John S. Carr on March 25, 1882. This is the Grand Jury Indictment for the murder of Frank Stilwell: Territory of Arizona vs. Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters, and John Johnson.

In the District Court of the First Judicial District of the Territory of Arizona in and for the County of Pima:

Territory of Arizona
against
Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson.

Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters, and John Johnson are accused by the Grand Jury of the County of Pima and Territory of Arizona on their oath by this indictment of the crime of murder committed as follows: 

That the said Doc Holliday at the City of Tucson in the said County of Pima on or about the 20th day of March, A.D. 1882 with force and arms in and upon the body of one Frank Stillwell then and there being, then and there feloniously, wilfully, and of his malice aforethought did make an assault and the said Doc Holliday a certain gun charged with gunpowder and leaden bullets which he the said Doc Holliday in his hands then and there feloniously, wilfully, and of his malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. And the said Wyatt Earp, Warren Earp, Sherman McMasters, and John Johnson then and there feloniously, wilfully and of their malice aforethought were present standing by, aiding, abetting assisting and maintaining the said Doc Holliday the felony and murder as aforesaid set forth, in manner and form aforesaid to do and commit, and so the Jurors aforesaid upon their oath aforesaid do say that the said Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters, and John Johnson, the said frank Stilwell then and there in manner and form aforesaid feloniously, wilfully and of their malice aforethought did Kill and Murder: Contrary to the form of Statute in such case made and provided and against the peace and dignity of the Territory of Arizona

Second Count

and the said Grand Jurors do further present that the said Wyatt Earp on or about the said 20th day of March A.D. 1882 at said City of Tucson in said County of Pima with force and arms in and upon the body of the said Frank Stilwell then and there being, then and there feloniously wilfully and of his malice aforethought did make an assault and the said Wyatt Earp a certain gun charged with gunpowder and leaden bullets which he the said Wyatt Earp in his hands then and there had and held, then and there feloniously, wilfully, and of malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off, giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. And said Doc Holliday, Warren Earp, Sherman McMasters, and John Johnson then and there feloniously, wilfully and of their malice aforethought were present standing by, aiding abetting assisting and maintaining the said Wyatt Earp the felony and Murder as aforesaid set forth in manner and form aforesaid to do and commit. and so the Jurors aforesaid upon their oaths aforesaid do say that the said Wyatt Earp, Doc Holliday, Warren Earp, Sherman McMasters and John Johnson the said Frank Stilwell then and there in manner and form aforesaid feloniously, wilfully and of their malice aforethought did Kill and Murder: Contrary to the form of the Statute in such case made and provided and against the peace and dignity of the Territory of Arizona.

Third Count

and the said Grand Jurors do further present that the said Warren Earp on or about the said 20th day of March A.D. 1882 at said City of Tucson in said County of Pima with force and arms in and upon the body of the said Frank Stilwell then and there being, then and there feloneously, wilfully and of his malice aforethought did make an assault and the said Warren Earp a certain gun charged with gunpowder and leaden bullets which he the said Warren Earp in his hands, then and there had and held, then and there feloniously, wilfully and of his malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. And the said Doc Holliday, Wyatt Earp, Sherman McMasters, and John Johnson then and there feloniously, wilfully and of their malice aforethought were present, standing by, aiding, abetting assisting and maintaining the said Warren Earp the felony and murder as aforesaid set forth in manner and form aforesaid to do and commit. and so the Jurors aforesaid upon the oaths aforesaid do say that the said Warren Earp, Doc Holliday, Wyatt Earp, Sherman McMasters, and John Johnson the said Frank Stilwell then and there in manner and form aforesaid feloneously, wilfully and of their malice aforethought did Kill and Murder: Contrary to the form of Statute in such case made as provided and against the peace and dignity of the Territory of Arizona.

Fourth Count

and the said Grand Jurors do further present that the said Sherman McMasters on or about the said 20th day of March A.D. 1882, at said City of Tucson in said County of Pima with force and arms in and upon the body of the said Frank Stilwell then and there being, then and there feloniously, wilfully and of his malice aforethought did make an assault and the said Sherman McMasters a certain gun charges with gun powder and leaden bullets which he the said Sherman McMasters in his hands then and there had held, then and there feloniously wilfully and of his malice aforethought in and upon the body of there the said Frank Stilwell did discharge and shoot off, giving to him the said Frank Stilwell then and there with said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound of which said mortal wound he the said Frank Stilwell instantly died. and the said Doc Holliday, Warren Earp, Wyatt Earp, and John Johnson then and there feloniously, wilfully and of their malice aforethought were present standing by, aiding, abetting, assisting and maintaining the said Sherman McMasters the Felony and Murder as aforesaid set forth, in manner and form aforesaid, to do and commit. And so the Jurors aforesaid do say that the said Sherman McMasters, Doc Holliday, Wyatt Earp, Warren Earp, and John Johnson the said Frank Stilwell then and there in manner and form aforesaid feloniously wilfully and of their malice aforethought did Kill and Murder: Contrary to the form of the Statute in such case made and provided and against the peace and dignity of the Territory of Arizona.

Fifth Count

and the said Grand Jurors do further present that the said John Johnson on or about the said 20th day of march A. D. 1882 at said City of Tucson in said county of Pima with force and arms in and upon the body of said Frank Stilwell then and there being, then and there feloneously, wilfully and of his malice aforethought did make an assault, and the said John Johnson a certain gun charged with gun powder and leaden bullets which he the said John Johnson in his hands then and there had and held, then and there feloneously, wilfully, and of his malice aforethought in and upon the body of him the said Frank Stilwell did discharge and shoot off, giving to him the said Frank Stilwell then and there with the said gun so discharged and shot off as aforesaid in and upon the body of him the said Frank Stilwell a mortal wound he the said Frank Stilwell instantly died, and the said Doc Holliday, Warran Earp, Wyatt Earp and Sherman McMasters then and there feloneously, wilfully and of their malice aforethought were present standing by, aiding, abetting, assisting, and maintaining the said John Johnson the Felony and Murder as aforesaid set forth, in manner and form aforesaid to do and committ and so the Jurors aforesaid upon their oaths aforesaid do say that said John Johnson Doc Holliday, Wyatt Earp, Warren Earp and Sherman McMasters the said Frank Stilwell then and there in manner and form aforsaid feloneously, wilfully and of their malice aforethought did Kill and Murder: Contrary to the form of the Statute in such case made and provided and against the dignity and peace of the Territory of Arizona

Hugh Farley District Attorney
of Pima County Arizona Territory

The excerpt below was published in the Ventura Free Press, Volume VII, Number 39, 29 March 1882:
An Arizona Feud

Tucson, March 21. -- Last night another crime was added to the many which have occurred during the past few months, arising out of the well-known trouble in Cochise County between cowboys and the Earp brothers. A young man, about 26 years of age, named Frank Stillwell, came to his death from gunshot wounds inflicted, it is supposed, by four men belonging to the Earp party. 

Just as the western bound passenger train was pulling out of the depot at 7 o'clock several shots were heard, but they attracted no attention, being attributed to the excessive enthusiasm of some citizens on account of the illumination of the town by gaslight. 

Daylight this morning, however, revealed the dead body of Stillwell lying a short distance west of Porter’s Hotel, near the railroad track, riddled with bullets and buckshot, six shots having taken effect. 

One load of seven buckshot had entered the left breast, passed downward, and out through the back. His left hand and coat were burned and blackened by powder, showing that the gun when discharged was in close proximity to him. His right leg was badly mutilated. He had, no doubt, been taken unawares, as a pistol with all the loads intact was found on his person. When discovered, the body was stripped of all valuables, including a watch and chain. A part of the latter was found attached to the vest.

The above excerpt from the Ventura Free Press, Volume VII, Number 39, was published on 29 March 1882. It is part of a larger news story published via syndicated telegraph out of Tucson. The first report of the murder of Frank Stilwell was syndicated by telegraphed right after Stilwell's body was found. 

Does the above description of how Frank Stilwell was killed match how Hollywood and Earp fans depict Stilwell's killing? And what about the people in that area at the time, what was the sentiment of the people in Arizona at the time?

Did the people there see the "Arizona Fued" as a case of the "good guys" versus "bad guys"? Read the editorial below and ask yourself if it closely resembles what we're led to believe how things were.

Published in the Ventura Free Press, Volume VII, Number 39, 29 March 1882:

EDITORIAL NOTES

Two gangs of desperadoes in Arizona have got foul, and each is murdering the other at every opportunity, thereby doing the Territory a service by wiping each other out. The leaders of the respective gangs are the Clantons and the Earps, and two of each, besides some followers, have already been killed. The Clantons years ago squatted on the Colonio rancho, in this county, but they did not “stay.” Both gangs are a set of murderers, and the authorities should let them keep on shooting until the last one is exterminated.

 I know it's only a short editorial, but from what I've read, it seems to capture the feelings of the people in that area at the time. I will report more on this later. 

Tom Correa


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