Tag: Frank Stilwell

Grand Jury Indictment for the Killing of Frank Stilwell

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Grand Jury Indictment Killing Frank Stilwell
Frank Stilwell

The following is the Grand Jury Indictment for the Killing of Frank Stilwell which charges Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters along with John “Turkey Creek Jack” Johnson

Frank Stilwell, an outlaw and former deputy sheriff, met his end on March 20, 1882, in Tucson, Arizona. Stilwell was deeply involved in the ongoing feud between the Earp brothers and the Clanton – McLaury faction, which culminated in the infamous Gunfight at the O.K. Corral. After the gunfight, the Earp brothers embarked on what became known as the Earp Vendetta Ride, seeking retribution for the murder of Morgan Earp, which they believed was orchestrated by Stilwell and his associates. On the night of March 20th, Wyatt Earp and his posse tracked Stilwell to a train station in Tucson, where they found him lying in wait, possibly intending to ambush Virgil Earp, who was traveling with his wife. Without hesitation, Wyatt Earp and his men opened fire on Stilwell, killing him on the spot.

The killing of Frank Stilwell marked a significant escalation in the Earp-Cowboy conflict, further entrenching the deep animosities between the two factions. Stilwell’s death was just the beginning of Wyatt Earp’s relentless pursuit of those he deemed responsible for his brother’s murder. In the aftermath, the Earp brothers were charged with murder but never convicted, as they continued their vendetta across Arizona, leaving a trail of bloodshed in their wake. The killing of Stilwell thus became one of the most infamous episodes in the violent history of the American West, exemplifying the lawlessness and personal vendettas that characterized the era.

(Transcript of the Murder Indictment returned as a True Bill by the foreman of the Grand Jury John S. Carr on March 25, 1882.)

Territory of Arizona

vs

Doc Holliday, Wyatt Earp, Warren Earp, Sherman McMasters and John Johnson

Wyatt Berry Stapp Earp - Aged 39
Wyatt Berry Stapp Earp – Aged 39
Warren Baster Earp ( March 9, 1855 - July 6, 1900 )
Warren Baster Earp ( March 9, 1855 – July 6, 1900 )
Photograph of John Henry Holliday taken by photographer D.F. Mitchell in Prescott, Arizona, 1879-80.
Photograph of John Henry Holliday taken by photographer D.F. Mitchell in Prescott, Arizona, 1879-80.

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 Stilwell then and there being, then and there feloniously, willfully, 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, willfully, 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, willfully 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, willfully 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 willfully 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, willfully, 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, willfully 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, willfully 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 feloniously, willfully 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, willfully 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, willfully 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 feloniously, willfully 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, willfully 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 willfully 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, willfully 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 willfully 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 feloniously, willfully 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 feloniously, willfully, 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, Warren Earp, Wyatt Earp and Sherman McMasters then and there feloniously, willfully 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 commit 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 aforesaid feloniously, willfully 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

References

The Tombstone Epitaph – March 27, 1882

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On March 27, 1882, The newspaper the Tombstone Epitaph announced the murder of Frank Stilwell in Tucson Arizona.

Frank Stilwell was an outlaw and a member of the Cochise County Cowboys, a group of rustlers and bandits who operated in southern Arizona during the late 19th century. Stilwell’s life took a fatal turn after he was implicated in the murder of Morgan Earp, the younger brother of lawman Wyatt Earp. On March 18, 1882, Morgan Earp was ambushed and killed in Tombstone, Arizona, while playing billiards. Wyatt Earp, seeking revenge for his brother’s murder, believed that Stilwell was one of the men responsible. Stilwell was known for his criminal activities, including cattle rustling, robbery, and involvement in various violent conflicts, which made him a prime target for Earp’s vendetta.

Just two days after Morgan’s death, Wyatt Earp and his posse tracked Stilwell to the train station in Tucson, Arizona, on March 20, 1882. Stilwell had been trying to flee, likely aware that Earp was on his trail. Earp and his men confronted Stilwell at the train station, and in a swift and brutal act of retribution, they shot and killed him. Stilwell’s body was found riddled with bullets, with some reports suggesting as many as five or six gunshots were fired into him at close range. This killing marked the beginning of Wyatt Earp’s infamous “Vendetta Ride,” a bloody campaign of vengeance against those he believed responsible for the death of his brother, further cementing Earp’s legend in the American West.

The following is a copy of the article from The Tombstone Epitaph, Mark 27, 1882 announcing the killing of Frank Stillwell.

The Tombstone Epitaph, Marth 27, 1882 headlined with the murder of Frank Stillwell by Wyatt Earp et all
The Tombstone Epitaph, Marth 27, 1882 headlined with the murder of Frank Stillwell by Wyatt Earp et all

ANOTHER ASSASSINATION.

Frank Stilwell Pound Dead this Morning,

Being Another Chanter In the Earp-Clanton Tragedy.

Special Dispatch to the Epitaph.

Tucson, March 21. This morning at daylight the track-man at the Southern Pacific railroad depot found the body of Frank Stilwell about one hundred yards north of Porter’s hotel, at the side, of the track, riddled with bullets.

The circumstances of the case, so far as learned, are as follows: Stilwell arrived here Sunday to appear before the grand jury on a charge of stage robbery near Bisbee last November. He was under bonds for his appearance. Last night when the west bound passenger train arrived, it brought the REMAINS OF MORGAN EARP, who had been killed Saturday night at Tombstone, and his three brothers, accompanied by Sherman McMasters, Doc Holliday and a man known as Johnson, all heavily armed with shotguns and revolvers. A few moments before the train started, Stilwell and lke Clanton (brother to W.M.-Clanton, who was killed in Tombstone by the Earps) went to the depot to meet a man by name of McDowell was to have come in witness before the grand jury. On their arrival at the depot they saw the Earp party walking on the platform. Stilwell advised Clanton to leave at once, saying they wanted to kill him. Clanton left a few moments later.

Stilwell was Seen WALKING DOWN THE TRACK in the direction where his body was found. Four of the armed men who were on the platform soon followed. One was described as a slender, light complexioned man wearing a white hat. Just as the train, was leaving, six shots wore heard in the locality of the assassination, but attracted no particular attention, and nothing was known of the tragedy until this morning whop the body was discovered. Six shots went into his body four rifle balls and two loads of buckshot.

Both legs were shot through and A CHARGE OP BUCKSHOT to his left thigh, and a charge through his breast, which must have been delivered close, as the coat was powder burnt, and six buckshot holes within a radius of three inches. Stilwell had a pistol on his person which was not discharged. He evidently was taken unawares, as he was desperate in a, fight and a quick shot. His watch was taken, in the hurry of which a part of the chain was left. There is much excitement here concerning the assassination, and many speculations are rife.

Some say that he was DECOYED TO THE SPOT where he fell as ho possessed strong evidence against certain stage robbers. Others think he was trying to get away from the Earp party and was overtaken, while it is thought by some that he went down the track to shoot one or more of the Earp party as the train was moving out, two of them being on board. The killing is thought to have been done by four of the party who accompanied the Earps here, as the four men who followed the deceased down the track WERE NOT SEEN AGAIN. This morning at one o’clock as the east bound freight train approached Papago, nine miles east of here, it was flagged and four armed men got on the train. They are strongly suspected.

The deceased was 27 years of age; was a native of Texas; is a brother to the famous scout Jack Stilwell. He has been in Arizona four years; was a teamster at Signal for some time and lately has been keeping a livery stable at Charleston and Bisbee, and was an ex deputy sheriff of Cochise county. Yesterday, Ike Clanton received several dispatches from Tombstone, warning him to look out that a party were coming down to put him out of the way, which put him on his GUARD. The authorities here are determined to get to the bottom of this matter, and if the parties are apprehended there will be no sham examination, but a trial on merits, and the guilty parties, whoever they may be, will suffer the penalty of the law.

References