Chapter Ten

According to most historians, western frontier aficionados and other amateurs whose books crowd library shelves and discount bookstores, John H. Tunstall’s death signifies the official beginning of the Lincoln County War. However, this supposition can only be true if the definition of war is written in blood alone. Otherwise, a more modern sensibility marks this violent action as the point where the escalating conflict made a transition from a “cold” war to a “hot” one. And hot it undoubtedly became. Of all the range wars waged during the 30 year period of post-Civil War southwestern U.S. settlement (commonly known as the “Wild West”), few were more steeped in blood than the contest for Lincoln County. Even the notorious Johnson County War paled in comparison.⁶¹

Darkness. Silence. Warmth.

Earplugs inserted, I lie in bed buried beneath the covers. I lie completely still, breathe my own dioxidous air, listen to my heart beat. The thickness of night blankets my soft cocoon. Out there, I imagine the world asleep—lights out but for street lamps, the occasional car, or some unfortunate soul shaken out of slumber by a bursting bladder, unhappily forced to enter the harsh light in a cold search for relief.

ACT TWO

The lights dim, but before the curtain rises an old English song “The Three Ravens” fades in on guitar and violin. Played mournfully like a funeral dirge, the singer sings with much expression.

Down the hill in yonder green field,

(Down a down, hey down, hey down)

There lies a knight slain under his shield.

(With a down, down, derry, derry, down)

His hounds they lie down at his feet,

(Down a down, hey down, hey down)

So well they do their master’s keep.

(With a down, down, derry, derry, down)

The curtain rises.⁶²

But me, here, alone in the belly of my bed, breathing slower and slower, heart releasing its grip and growing lighter, beating less and less until a single tap nudges gentle waves through my body like a babbling brook in the garden of serenity. Each pulse, like a pebble tossed in the center of a pond, forms ripples of relaxation flowing happily into unburdened limbs. I feel my soul pass through these fingertips as the ruffled sound of water ebbs through mossy rocks, down hillsides into burgeoning pools, over embankments and into rivers, and finally returning to the all-embracing mother, the sea, embracing her children while singing sweetly a tidal song of peace and harmony with the moon and stars.

Floating away on the curves of her canzonet, her lullaby of space and time, her Novus Magnificat into the fifth dimension, leaves me both empty and filled with everything and nothing, a complete sense of personhood yet fully a part of the greater whole. It tells me, yes, I am the center of the universe. All consciousness begins here, all perception comes from this source, this pocket of warmth, this little perfect circle of being, of form and content, matter and metaphysics, skin and spirit—and I no longer feel alone, as if some presence allows this source of safety, this pouch of protection to embrace me in its all-encompassing hand and fend off the icy fingers that seek to rip me out into the frozen cold and toss me before the ice-cube dagger thrusts of brute anonymity and question.

SCENE: McSween sitting room.

Stage left, Mr. McSween is sitting at the piano, elbows on the keyboard, head in his hands. Mrs. McSween is standing behind him, hands on his shoulders. The rest of Tunstall’s men (Brewer, Widenmann, Middleton, Waite, McCloskey, and George Washington, the ex-slave, are scattered around the room, sitting in chairs and leaning against the wall.

Stage right, we see Billy the Kid sitting at a table deeply absorbed in cleaning his guns. As the scene progresses he will be seen winnowing his Winchester, inside and out, first oiling it, then polishing the barrel and waxing the wood before switching to his pistol.

MIDDLETON (leaning against a wall)

Well, what’ll we do now? (looks towards Brewer and adds accusingly) You got any ideas, Dick?

BREWER (sitting)

You act as though it’s my fault!

MIDDLETON

You didn’t hesitate giving out orders before we left the ranch. What was that I recall you saying: (switches to a mocking, high-pitched voice) “At the first sign of trouble, take to the hills boys.” We didn’t think that meant leaving Mr. Tunstall behind, did we boys?

BREWER (standing up)

Are you calling me yella?

MIDDLETON (straightening up)

If the boot fits …

Brewer leaps out of his chair toward Middleton …⁶³

But here, safe in my warm darkness, I’m fully condensed into pure being, yet, paradoxically, I feel more a part of the great expanse of existence. It’s as if the whole universe had shrunken itself into my inner darkness, been sucked into my being—yet, at the same time, this same darkness, this being swallowed into nothingness, expands back into the universe like a black hole in reverse. Each extreme—the smallest of small, the largest of large—equals the same infinity, each opposite—the ultimate peace, separate, yet so much a part of everything that such words as fear, anger, and pain lose all meaning, as if such trivial concepts are beneath the comprehension of floating souls. Then I feel myself slipping even further away, into a consciousness beyond sleep, beyond weightlessness, beyond …

The phone rings, rudely shaking me from my reveries.

Billy, rifle in hand, leaps between the two men.

THE KID

Please! There’s a lady in the room.

Mrs. McSween nods back in thanks and then goes back to consoling her husband. Brewer and Middleton regretfully return to their previous positions. The Kid sits, puts his rifle down, and now begins cleaning his revolver with the same methodical care.

WIDENMANN (with German accent)

Since eet ees I zat vas herr Tunstall’s closess friend, eet ees I zat should take over.

BREWER

I’ve never taken orders from you, and I’m not about to.

WIDENMANN

Zen maybe eet ees about time zat you take orders instead of give zem.

BREWER (rising again, fists clenched)

Why you dirty little …

THE KID

Watch your mouth, Dick!

WAITE

Brewer, Widenmann, everyone—there is only one here who deserves to be chief.

All eyes turn expectantly to the Indian, except McSween, who has not raised his head from his hands. Waite reaches into his pocket and takes out Tunstall’s old pipe. With two hands he carries it over to McSween. All eyes now settle on the Scotchman who hasn’t moved. Then, like a daydreaming student who realizes that the teacher has asked him a question, he raises his head and looks around the room until he notices the Indian before him and then the pipe. Recognizing the pipe, he carefully takes it. He looks back around the room and then to his wife. She nods in confirmation. Grasping the pipe, he stands and straightens his jacket.

McSWEEN (looking around the room)

When I was asked by Tunstall to become a partner, he said to me, “Alex, if you join my cause I want you to promise me that no matter what outrage Murphy and Dolan commit, you will not be a party to any kind of retribution that goes outside the laws of God and man.”

I will tell you now, as God and man is my witness, I intend to keep that promise to the grave. If I take over, each one of you must also make this solemn pledge.

McSween looks around the room imploringly. The men look at each other, all except The Kid who has preened his pistol and now loads it with bullets. McCloskey then steps forward with an exaggerated air.

McCLOSKEY

I pledge myself if it means anything Mr. McSween, sir.

McSWEEN (grabbing McCloskey’s hand) Thanks my son. (McCloskey looks down at his hand, back up at McSween, and smiles awkwardly)

THE KID

That’s easy for you to say McCloskey, you weren’t there, were you?

McCLOSKEY

(gladly pulling his hand away)

If I had, I wouldn’t have just sat and watched.

THE KID (standing with revolver)

Why you … (spins the pistol into his holster) I do believe it’s time to step outside.

McCLOSKEY (raising his hands in surrender and stepping back)

Now Billy, I didn’t mean anything …

McSWEEN

(stepping in front of McCloskey)

That’s enough! This is exactly what I mean. If we resort to violence, we descend to the level of our enemies. Fighting amongst ourselves is exactly the kind of behavior Murphy and Dolan figured after Tunstall’s death. It’s exactly what their men would have done. We must be different. We must maintain a high moral ground. We must set an example so the people will support us. We need to give them the confidence that when we free them from the yoke of “The House,” we won’t replace it with yet another unfair monopoly.

THE KID

But Mr. McSween, with all due respect, how can we expect to fight “The House” empty handed. Mr. Tunstall was unarmed and they shot him to pieces. You simply can’t fight guns with high sounding words. As for high moral ground, they started it. They have drawn the first blood. The people understand that.

McSWEEN

If we start killing for revenge, where will it stop? The people of Lincoln County want stability and peace, not disorder and violence. The only way to do this is to stay on the right side of the law.

THE KID

But Murphy and Dolan own the law. Sheriff Brady made out a legal warrant and organized the posse to arrest Tunstall. Brady’s got another warrant in your name. In other words, Mr. McSween, you’re next. We’ve got to get him before he gets you. It’s that simple.

BREWER

As much as I hate to admit it Mr. McSween, The Kid has a point. While we stand around and argue, Dolan and his hired guns are holed up in the Murphy store planning the next move. And Brady’s already made his. He’s taken over the Tunstall store with a writ of attachment. While we chew the fat, his deputies are feasting on the supplies we ordered all the way from St. Louis so the people wouldn’t have to go into debt and lose their homes. While we’re sitting on our high horses, Brady’s boys are sitting on boxes of brand new bullets. I don’t think they plan to leave without a fight. And whether we like it or not, Murphy and Dolan’s next step will be to take the fight to us. How can we get the store back from Brady or defend ourselves against Dolan without fighting?

McSWEEN

We must find a legal way.

THE KID

And what about Mr. Tunstall’s murderers—is there a legal way to arrest a legal posse?

McSWEEN

Yes, if we can prove that Tunstall was arrested with unnecessary force.

WASHINGTON

Scuse me Mr. McSween, suh, but they’s somethin’ I’s thinks you should knows.

McSWEEN

If it relates to our discussion, George.

WASHINGTON

(taking off his blue Civil War cap)

Yes suh, I believe it do. I’s dere tah help lif Mistah Tunstah body on de table fo de doctah tah view. Then I stay tah lif de body in de coffin. I’s see dat Sheriff Brady, he pay de doctah from de fort a hundred dollah, and dat doctah, he din stay long enough but look de body over and say deys two bullet holes. Dat all he see, jess two bullet holes dat kill Mistah Tunstah and no odah damage to de body.

McSWEEN

My good man, do you mean to tell me that you witnessed Sheriff Brady paying the doctor from Fort Stanton to falsify an official report?

WASHINGTON

Da Rev. Ealy dere too. He see de body, but he no see de sheriff pay de man.

McSWEEN

If this be true, the official report will fail to note the full damage to the body. Brady will be able to support his story that Tunstall was shot while resisting arrest. However, we do have the good reverend’s testimony. He assisted in the post-mortem. As a doctor, his testimony can counter Dr. Appel’s in a court of law.

THE KID

Law, what law? Murphy’s got the support of Colonel Dudley’s doctor, because Dudley buys his beef from Murphy who steals it from us. Murphy’s got everyone in his pocket: the sheriff, the army, the district attorney, Judge Bristol, Governor Axtell, and it’s all backed by the Sante Fe Ring who lords over the entire territory. That kind of law ain’t going to punish the cowards that killed Mr. Tunstall.

The men nod in support. The Kid then reaches over and picks up his Winchester.

THE KID

Mr. Tunstall gave me this gun to hunt with and that’s exactly what I’m going to use it for. I’m going to hunt down his murderers, each and every one of them, and I’m not going to rest until I see them in their graves and that includes Brady.

The men voice their support of The Kid, except McCloskey, who has a look of deep concern etched on his face.

McSWEEN

But that’s cold blooded murder Billy. If we break the law, we are no better than they. Law and order is what we need now more than ever, or else we will all descend into wild animals.

THE KID

There’s no law here, but Murphy’s law. Murphy and Dolan aren’t going to rest until they see all of us buried next to Mr. Tunstall. It’s us against them. I say kill them before they kill us. If anyone has a better plan than that, I’d like to hear it.

THE OTHERS

Hear, hear!

A knock is heard from the front door and all the cowboys draw their guns (except McSween and his wife who are unarmed). There is a heavy pause. A second knock is heard. The men cock their triggers back. The Kid, alone, stands and approaches the door.

THE KID

Who goes there?⁶⁴

Each muffled ring beyond my woolen cocoon, echoes loudly in the cold darkness of my bedroom. The ringing finally stops and the answering machine clicks in.

“Hello …?”

O.K. I’m coming, I’m coming …

VOICE OFFSTAGE

El Chivato, Is that you?

THE KID

Chávez! Who’s with you?

CHAVEZ

Constable Martinez and many other compadres who have come in support of the good padre Tunstall, God bless his soul.

The men lower their guns and the Kid opens the door. Chavez enters and the Kid looks outside.

THE KID

Well stake me to a fill, there must be sixty compañeros out there.

The men relax, smile, and murmur with relief. McSween steps forward and addresses Chavez. As everyone’s attention turns to Chavez, McClosky edges toward the door.

CHAVEZ

The people have come, señor, to take part in the great battle to reclaim our town from the Murphy/Dolan banditos. We are well armed and ready to die in the glorious cause for freedom.

Unnoticed, McCloskey slips out the door.

McSWEEN

Chávez, you are a fine and honorable man, but your men have families. Tell them to go home and protect their homes. With the current state of lawlessness, unsupervised women and children are in grave danger. Besides the Jesse Evans gang, Murphy has sent for John Kinney and his Doña Ana bunch. There have been reports that he’s turned them loose on the populace. These mercenaries have begun a reign of terror: raping, pillaging, and shooting down all native New Mexicans. Please express my warmest gratitude for their support, but tell your men that I could not bear it if anything should happen to their homes and family in their absence. Afterwards, please show in Constable Martinez.

Chávez leaves

THE KID

Why did you send those men away? With an army like that we could have fried Murphy and Dolan in Texas butter.

McSWEEN

Mob violence is the first sign of anarchy. A bloodbath will not solve our problems, Billy. Violence only breeds more violence. Be patient, laddy buck, law and order shall prevail.

Chávez enters with Constable Martinez.

CONSTABLE (graciously)

Salutaciónes. Señor McSween, señora (bowing to Mrs. McSween). I have come to see if I can be of service.

McSWEEN

Yes, My good man, you’ve arrived just in time.⁶⁵

“Hello … Hello …?”

Alright, already, I said I was coming.

Another knock on the door.

THE KID

Who goes there?

VOICE OFFSTAGE

It’s Frank Coe and my cousin George. We’ve ridden into town to see justice done. Charles Bowdre, Henry Brown, and Jim French are with us. We’ve also brought Squire Wilson.

McSWEEN

Excellent, come in. Now we can establish law and order.

The local ranchers enter with the grandfatherly Squire Wilson.

McSWEEN

Squire Wilson, you still have the authority to issue warrants for arrest I presume?

WILSON

Why yes, I believe I do.

McSWEEN

Can you also empanel a coroner’s jury?

WILSON

A what?

McSWEEN

A group of able citizens sworn in to take testimony in determining the cause of death.

WILSON

You mean to use as evidence in case of a trial?

McSWEEN

Yes, that is exactly what I mean. We will assemble 12 good men to act as a grand jury and take testimony. They’ll determine how Tunstall was killed and who killed him. Then we can legally authorize warrants for their arrest. Constable Martinez will assist in carrying out the orders. You can also swear in deputies, can you not?

WILSON (smiling)

I can and will.⁶⁶

Tomorrow, O.K.? Tomorrow, I’ll be there.

McSWEEN

Constable Martinez, bring Billy, and Fred Waite along with you to arrest Brady and Dolan at the Murphy Store. Squire Wilson, you bring the rest of the deputies over to serve the other warrants at the Tunstall store. Then scatter the rest of Murphy’s men and reclaim the store as our own. Widenmann?

WIDENMANN

Yavolt, herr commandant!

McSWEEN

You are to go to Fort Stanton and appeal to Colonel Dudley. He must be made aware of the situation here. He must be convinced that troops are needed to prevent an all out war.

THE KID (aside to Brewer)

I hope those soldiers don’t turn their guns on us.⁶⁷

Tomorrow, I swear.

McSWEEN

I’m going to show my wife to bed. If you need me at any time tonight, I’ll be at my desk working on legal papers.

The McSweens exit. Brewer turns to face the newly sworn in deputies.

BREWER

Men, serving these warrants isn’t going to be easy. Dolan and Brady aren’t going to take kindly to being thrown in their own jail. Any deputy who feels he doesn’t have the stomach for the job should leave now or forever hold his peace, because when we start, there’s no turning back.

Brewer looks around, but no one moves.

BREWER

Then we’re all in. I suggest we get going.

THE KID

Before we go anywhere we gotta have a name.

BREWER

A name?

MIDDLETON

The Kid’s right, we need to call ourselves something.

THE KID

Thanks John. Sorry I got all sore at you before. Mr. Tunstall’s murder got me ornery. It’s not you I’m mad at.

MIDDLETON

That’s all right, Kid. Guess we’re all techy as a teased snake.

BREWER

Well, now that we’ve all kissed and made up, let’s get down to business.

THE KID

I say we should call ourselves The Regulators.

BREWER

Jesus, Billy, this ain’t no game we’re playing.

MIDDLETON

Billy’s right, a name will give us an identity, give others a reason to fear us.

BREWER

What do you think, Frank and George?

FRANK

Billy’s got a point. We want people to know who we are and what we stand for. The Regulators has a righteous ring to it.

GEORGE

I agree with my cousin.

BREWER

The Regulators … Is that all right by everybody? (everyone nods) All right then, Billy, we’ll call ourselves The Regulators.

THE KID

Now we gotta take an oath.

BREWER

Billy, we ain’t no boys in knickers sneakin’ up and down the alleys of Silver City stealin’ butter and laundry.

MIDDLETON

Now Richard, The Kid’s talkin’ sense here. If we don’t swear allegiance, what’s to stop anyone of us from turning tail and running when we need them most. If we can’t trust each other with our lives, what’s the point in even bothering to fight? We might as well split up now and cut our losses.

THE KID

That’s right, Dick, and the oath’s gotta be iron clad. We all gotta be willing to fight to the death for each other.

BREWER

All right, I’ll consider the motion seconded. All agreed say aye.

ALL

Aye!

BREWER

Now I would like to add something. Does everyone agree that as special constable duly appointed by Squire Wilson, I should be our leader?

ALL

Aye.

BREWER

Then as your leader I want all Regulators to raise their right hands (they do). As a Regulator I swear to uphold the law while serving these warrants.

ALL

I do.

BREWER (looking towards the Kid)

That means bringing them back alive.

THE KID

As long as they surrender.

BREWER

I also swear not to chicken out or desert the cause until every warrant is served and all Mr. Tunstall killers are brought to justice.

ALL

I do.

BREWER

And finally, as motioned by William H. Bonney, known to all as The Kid, I furthermore swear that each Regulator will fight to the death for each other if need be.

ALL

I do.

BREWER

Now, it’s “Iron Clad.” Everyone present is officially a Regulator.

THE KID

And, remember (Billy rests his hand on the butt of his holstered revolver), any traitor will have to answer to me.

BREWER

(rolling his eyes and shaking his head)

Did everyone swear? Hey, where’s McClosky? That boy is never here when you need him.⁶⁸

Yes, Tomorrow.