On February 18, 1878, John Henry Tunstall was killed approximately 100 yards off a trail in a canyon outside Lincoln. On June 13, 1878, the men involved provided testimony to Special Agent Frank Warner Angel. To historians, this has become known as the "Angel Report." The following testimony was provided by Regulator John Middleton. I feel he provided more details than others & he was the last man to see Tunstall before they were separated.
The Territory of New Mexico
County of Lincoln
Personally appeared John Middleton, who having been duly sworn according to law, deposes and saith. I have lived in Lincoln, N.M., about one year. I follow the business of herding and driving cattle.
I knew John Tunstall in his lifetime. He was murdered on or about the 18th day of February, A.D. 1878, about 10 miles from the town of San Patricio in said County.
I was in the employ of said Tunstall from the 20th day of October 1877 until the time of his death as aforesaid, caring for his cattle at his ranch on the Rio Feliz. Somewhere between the 12th and 15th day if Feby, 1878, whilst at said ranch with my fellow workers R.M. Brewer, W. Bonney, F.T. Waite, G. Gauss, Martin ("Dutch" Martin Martz), and R.A. Widenmann. J.B. Matthew's, who represented himself as a Deputy Sheriff of said Lincoln Co., with Jesse Evans, Tom Hill, Frank Baker, Frank Rivers (Long), notorious murderers, escaped prisoners and horse thieves, and John Hurley and George Hindman and Bill Wiiliams alias A.L. Roberts, since killed at the Agency in said County, came to the said ranch.
R.A. Widenmann or R.M. Brewer, seeing Matthews & posse come towards the house, went out and asked Matthews to stop, asking Matthews to come alone and make his business known. Matthews said he had an attachment against the property of Alex A. McSween and was looking for property belonging to said McSween. Brewer told him that McSween had no cattle or other property there. But that he could look through the cattle and if there was any he would help him and posse to round them up, but that he could not have Tunstall's or anybody else's cattle without an order therefor.
Matthews said that he would go back to Lincoln and get instructions from Brady, and that if he returned he would have more than one or two men with him. Matthews & posse then left Frank Baker and Bill Williams, alias A.L. Roberts aforesaid, and went to J.J. Dolan's cow camp on the Pecos.
On or about the night of the 17th day if February, 1878, John H. Tunstall, deceased, arrived at his ranch, where I and others were as aforesaid, and told us to get ready to leave next morning for the town of Lincoln as he had learnt that J.J. Dolan &Co. had raised about 40 or 45 men for said Matthews as posse and intended to kill all of us at said ranch.
On the morning of the 18th Feby, 1878, said Tunstall, Widenmann, Brewer, Bonney, and Waite and deponent left for Lincoln, Waite taking the main road, the balance taking a trail.
When about 30 miles from said ranch we scattered for the purpose of hunting some turkeys. While so hunting we heard yelling and saw a large crowd of men coming over the brow of the hill, firing as they were coming. Tunstall and I were on the side of a hill, about 700 yards from horses we were bringing from the Feliz ranch to Lincoln, belonging to Tunstall, Widenman, Bonney, Brewer and myself--the horses numbered nine. If they wanted the horses they could easily have got them without coming within 700 yards of us.
Not one of those I have named as being with Tunstall fired a shot. We endeavored to escape for our lives. I was within 30 steps of Tunstall when we heard the shooting first. I sang out to Tunstall to follow me. He was on a good horse. He appeared to be very much excited and confused. I kept singing out to him for God's sake to follow me. His last word was "What John! What John!"
With the exception of Tunstall, we all made an effort to join each other. Geo. Hindman, Jessie Evans, Tom Cochrane & Baker (Frank) were the only ones I can remember now who were of the posse that murdered Tunstall. I have been informed by Tom Green who was of that posse that Jessie Evans shot Tunstall first in the breast.
Tunstall before this had surrendered his pistol, the only weapon he had, to W. Morton, deceased. When Tunstall received the first shot in the breast, he turned, moved and fell on his face. Morton then, out of Tunstall's own pistol, fired a shot at Tunstall, the ball entering the back of his head. Morton then fired another shot out of Tunstall's pistol at Tunstall's horse and killed him. Sam Perry then proposed that they should carry Tunstall's corpse and lay it by the side of the dead horse, which was done. I saw the corpse of said Tunstall at the house of Alex A. McSween in the town of Lincoln.
John Middleton
Sworn and subscribed before me this 13 day of June 1878
John B. Wilson
Justice of the Peace
The Territory of New Mexico
County of Lincoln
Personally appeared John Middleton, who having been duly sworn according to law, deposes and saith. I have lived in Lincoln, N.M., about one year. I follow the business of herding and driving cattle.
I knew John Tunstall in his lifetime. He was murdered on or about the 18th day of February, A.D. 1878, about 10 miles from the town of San Patricio in said County.
I was in the employ of said Tunstall from the 20th day of October 1877 until the time of his death as aforesaid, caring for his cattle at his ranch on the Rio Feliz. Somewhere between the 12th and 15th day if Feby, 1878, whilst at said ranch with my fellow workers R.M. Brewer, W. Bonney, F.T. Waite, G. Gauss, Martin ("Dutch" Martin Martz), and R.A. Widenmann. J.B. Matthew's, who represented himself as a Deputy Sheriff of said Lincoln Co., with Jesse Evans, Tom Hill, Frank Baker, Frank Rivers (Long), notorious murderers, escaped prisoners and horse thieves, and John Hurley and George Hindman and Bill Wiiliams alias A.L. Roberts, since killed at the Agency in said County, came to the said ranch.
R.A. Widenmann or R.M. Brewer, seeing Matthews & posse come towards the house, went out and asked Matthews to stop, asking Matthews to come alone and make his business known. Matthews said he had an attachment against the property of Alex A. McSween and was looking for property belonging to said McSween. Brewer told him that McSween had no cattle or other property there. But that he could look through the cattle and if there was any he would help him and posse to round them up, but that he could not have Tunstall's or anybody else's cattle without an order therefor.
Matthews said that he would go back to Lincoln and get instructions from Brady, and that if he returned he would have more than one or two men with him. Matthews & posse then left Frank Baker and Bill Williams, alias A.L. Roberts aforesaid, and went to J.J. Dolan's cow camp on the Pecos.
On or about the night of the 17th day if February, 1878, John H. Tunstall, deceased, arrived at his ranch, where I and others were as aforesaid, and told us to get ready to leave next morning for the town of Lincoln as he had learnt that J.J. Dolan &Co. had raised about 40 or 45 men for said Matthews as posse and intended to kill all of us at said ranch.
On the morning of the 18th Feby, 1878, said Tunstall, Widenmann, Brewer, Bonney, and Waite and deponent left for Lincoln, Waite taking the main road, the balance taking a trail.
When about 30 miles from said ranch we scattered for the purpose of hunting some turkeys. While so hunting we heard yelling and saw a large crowd of men coming over the brow of the hill, firing as they were coming. Tunstall and I were on the side of a hill, about 700 yards from horses we were bringing from the Feliz ranch to Lincoln, belonging to Tunstall, Widenman, Bonney, Brewer and myself--the horses numbered nine. If they wanted the horses they could easily have got them without coming within 700 yards of us.
Not one of those I have named as being with Tunstall fired a shot. We endeavored to escape for our lives. I was within 30 steps of Tunstall when we heard the shooting first. I sang out to Tunstall to follow me. He was on a good horse. He appeared to be very much excited and confused. I kept singing out to him for God's sake to follow me. His last word was "What John! What John!"
With the exception of Tunstall, we all made an effort to join each other. Geo. Hindman, Jessie Evans, Tom Cochrane & Baker (Frank) were the only ones I can remember now who were of the posse that murdered Tunstall. I have been informed by Tom Green who was of that posse that Jessie Evans shot Tunstall first in the breast.
Tunstall before this had surrendered his pistol, the only weapon he had, to W. Morton, deceased. When Tunstall received the first shot in the breast, he turned, moved and fell on his face. Morton then, out of Tunstall's own pistol, fired a shot at Tunstall, the ball entering the back of his head. Morton then fired another shot out of Tunstall's pistol at Tunstall's horse and killed him. Sam Perry then proposed that they should carry Tunstall's corpse and lay it by the side of the dead horse, which was done. I saw the corpse of said Tunstall at the house of Alex A. McSween in the town of Lincoln.
John Middleton
Sworn and subscribed before me this 13 day of June 1878
John B. Wilson
Justice of the Peace
On February 18, 1878, John Henry Tunstall was killed approximately 100 yards off a trail in a canyon outside Lincoln. On June 13, 1878, the men involved provided testimony to Special Agent Frank Warner Angel. To historians, this has become known as the "Angel Report." The following testimony was provided by Regulator John Middleton. I feel he provided more details than others & he was the last man to see Tunstall before they were separated.
The Territory of New Mexico
County of Lincoln
Personally appeared John Middleton, who having been duly sworn according to law, deposes and saith. I have lived in Lincoln, N.M., about one year. I follow the business of herding and driving cattle.
I knew John Tunstall in his lifetime. He was murdered on or about the 18th day of February, A.D. 1878, about 10 miles from the town of San Patricio in said County.
I was in the employ of said Tunstall from the 20th day of October 1877 until the time of his death as aforesaid, caring for his cattle at his ranch on the Rio Feliz. Somewhere between the 12th and 15th day if Feby, 1878, whilst at said ranch with my fellow workers R.M. Brewer, W. Bonney, F.T. Waite, G. Gauss, Martin ("Dutch" Martin Martz), and R.A. Widenmann. J.B. Matthew's, who represented himself as a Deputy Sheriff of said Lincoln Co., with Jesse Evans, Tom Hill, Frank Baker, Frank Rivers (Long), notorious murderers, escaped prisoners and horse thieves, and John Hurley and George Hindman and Bill Wiiliams alias A.L. Roberts, since killed at the Agency in said County, came to the said ranch.
R.A. Widenmann or R.M. Brewer, seeing Matthews & posse come towards the house, went out and asked Matthews to stop, asking Matthews to come alone and make his business known. Matthews said he had an attachment against the property of Alex A. McSween and was looking for property belonging to said McSween. Brewer told him that McSween had no cattle or other property there. But that he could look through the cattle and if there was any he would help him and posse to round them up, but that he could not have Tunstall's or anybody else's cattle without an order therefor.
Matthews said that he would go back to Lincoln and get instructions from Brady, and that if he returned he would have more than one or two men with him. Matthews & posse then left Frank Baker and Bill Williams, alias A.L. Roberts aforesaid, and went to J.J. Dolan's cow camp on the Pecos.
On or about the night of the 17th day if February, 1878, John H. Tunstall, deceased, arrived at his ranch, where I and others were as aforesaid, and told us to get ready to leave next morning for the town of Lincoln as he had learnt that J.J. Dolan &Co. had raised about 40 or 45 men for said Matthews as posse and intended to kill all of us at said ranch.
On the morning of the 18th Feby, 1878, said Tunstall, Widenmann, Brewer, Bonney, and Waite and deponent left for Lincoln, Waite taking the main road, the balance taking a trail.
When about 30 miles from said ranch we scattered for the purpose of hunting some turkeys. While so hunting we heard yelling and saw a large crowd of men coming over the brow of the hill, firing as they were coming. Tunstall and I were on the side of a hill, about 700 yards from horses we were bringing from the Feliz ranch to Lincoln, belonging to Tunstall, Widenman, Bonney, Brewer and myself--the horses numbered nine. If they wanted the horses they could easily have got them without coming within 700 yards of us.
Not one of those I have named as being with Tunstall fired a shot. We endeavored to escape for our lives. I was within 30 steps of Tunstall when we heard the shooting first. I sang out to Tunstall to follow me. He was on a good horse. He appeared to be very much excited and confused. I kept singing out to him for God's sake to follow me. His last word was "What John! What John!"
With the exception of Tunstall, we all made an effort to join each other. Geo. Hindman, Jessie Evans, Tom Cochrane & Baker (Frank) were the only ones I can remember now who were of the posse that murdered Tunstall. I have been informed by Tom Green who was of that posse that Jessie Evans shot Tunstall first in the breast.
Tunstall before this had surrendered his pistol, the only weapon he had, to W. Morton, deceased. When Tunstall received the first shot in the breast, he turned, moved and fell on his face. Morton then, out of Tunstall's own pistol, fired a shot at Tunstall, the ball entering the back of his head. Morton then fired another shot out of Tunstall's pistol at Tunstall's horse and killed him. Sam Perry then proposed that they should carry Tunstall's corpse and lay it by the side of the dead horse, which was done. I saw the corpse of said Tunstall at the house of Alex A. McSween in the town of Lincoln.
John Middleton
Sworn and subscribed before me this 13 day of June 1878
John B. Wilson
Justice of the Peace
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