Frank Stilwell

Frank Stilwell was a businessman, lawman, and outlaw in Arizona Territory, and was murdered by Wyatt Earp after the Gunfight at the O K Coral.

Frank Stilwell
Frank Stilwell

Early Life and Background

Frank C. Stilwell, sometimes spelled Stillwell, was born around 1856 in Iowa City, Iowa, though some sources suggest a possible birth in Texas based on census records. He was the son of William “Henry” Stilwell and Charlotte B. “Sarah” Winfrey. His family relocated to Palmyra, Kansas Territory, along the Santa Fe Trail shortly after his birth. In 1863, his parents divorced, and his father took Frank and his brothers, including Simpson Everett “Comanche Jack” Stilwell, while his mother retained custody of his sisters. Frank’s father served as a private in the Union Army during the Civil War, participating in Sherman’s March to the Sea. Little is documented about Frank’s early years, but he grew up in a turbulent frontier environment, which likely shaped his later life.

Frank’s older brother, “Comanche Jack,” became a renowned Indian fighter, scout, and lawman, contrasting sharply with Frank’s path. By 1877, Frank and Jack had traveled together to Arizona Territory, where Frank began to carve out a reputation as a multifaceted but controversial figure.

Life in Arizona: Businessman, Lawman, and Outlaw

J.W. Swart's Saloon in Charleston, circa 1885
J.W. Swart’s Saloon in Charleston, circa 1885

In Arizona, Frank Stilwell emerged as a complex character—part entrepreneur, part lawman, and part outlaw. He first appeared in historical records in 1877 when he shot and killed Jesus Bega near Miller’s Ranch in Prescott, Arizona, on October 18. Stilwell was acquitted on grounds of self-defense, marking the beginning of his association with violence. He worked as a teamster for C.H. “Ham” Light and later as a miner in Mojave County, demonstrating an early knack for frontier labor.

By the late 1870s, Stilwell had settled in the booming silver town of Tombstone, Arizona Territory. He prospered, possibly with connections to the notorious Clanton Gang, and owned interests in several mines, a saloon, a wholesale liquor business, a stage line, and livery stables in Charleston and Bisbee. He also partnered with ex-Texas Ranger Pete Spence in a Bisbee-area saloon. His business ventures showcased his entrepreneurial spirit, but his associations with the “Cowboys,” a loose gang of rustlers and outlaws, tainted his reputation.

In April 1881, Stilwell was appointed a deputy sheriff under Cochise County Sheriff Johnny Behan, a role he held for four months. His tenure was marred by controversy, and he was fired in August 1881 for “accounting irregularities,” possibly related to tax collection on county property, including cattle. That same summer, Stilwell was implicated in a fatal stagecoach robbery in Bisbee on September 8, 1881. Arrested by a posse that included Wyatt Earp and Behan’s deputy Billy Breakenridge, he was later released on bail, partly due to financial support from C.H. Light. This incident deepened tensions between Stilwell and the Earp brothers, setting the stage for future conflicts.

Involvement in the Earp-Cowboy Feud

Stilwell’s life became inextricably linked to the infamous Earp-Cowboy feud, culminating in the Gunfight at the O.K. Corral on October 26, 1881. Although some myths suggest he was present at the shootout, Stilwell was actually in jail in Tucson at the time, likely related to the Bisbee robbery charges. His close ties to Sheriff Behan and the Cowboys, including Ike Clanton, placed him at odds with the Earps, who were aligned with law enforcement and business interests opposed to the Cowboys’ criminal activities.

The feud escalated in early 1882. On March 18, 1882, Morgan Earp, Wyatt’s younger brother, was assassinated while playing billiards in Tombstone. A coroner’s inquest, based on testimony from Pete Spence’s wife, named Stilwell as one of five suspected conspirators, though insufficient evidence prevented prosecution. Wyatt Earp, convinced of Stilwell’s guilt, considered him a primary suspect alongside Ike Clanton. This event marked the beginning of the “Earp Vendetta Ride,” a campaign of retribution led by Wyatt against those he believed responsible for Morgan’s death.

Death in Tucson

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

On March 20, 1882, Stilwell’s fate was sealed at the Tucson train station. The Earp posse, including Wyatt, Warren Earp, Doc Holliday, Sherman McMaster, and John Johnson, had escorted Virgil Earp and his wife to the station to board a train for California following an earlier ambush that left Virgil crippled. Upon arriving, they spotted Stilwell and Ike Clanton, reportedly armed and lying in wait on a flatcar in the train yard. According to Wyatt’s later accounts, Stilwell and Clanton fled when confronted. Stilwell stumbled in the dark, and Wyatt caught up, fatally shooting him at close range with a shotgun blast under the ribs. Coroner’s evidence indicated Stilwell’s body was riddled with two rounds of buckshot (one in the leg, one in the chest with powder burns) and four additional bullet wounds, suggesting multiple shooters. Witnesses reported seeing armed men running but could not identify them. Stilwell’s own pistol was unfired, and his body was found the next morning near the tracks, described by observer George Hand as “the worst shot up man I ever saw.”

Wyatt later claimed Stilwell’s last words were “Morg! Morg!”, possibly referencing Morgan Earp. Virgil Earp reported to the Arizona Daily Star that Stilwell confessed to Morgan’s murder before dying, naming accomplices, though this claim lacks corroboration. The killing was widely seen as a vengeful act, and arrest warrants were issued for Wyatt Earp, Doc Holliday, and others. Murder indictments followed in Pima County, but Wyatt fled to Colorado, avoiding prosecution.

Legacy and Cultural Impact

Frank C. Stilwell’s life and death cemented his place in the lore of the American Wild West as a quintessential outlaw figure. His role in the Earp-Cowboy feud and his dramatic death at the hands of Wyatt Earp have been immortalized in popular culture. Life-sized statues of Wyatt Earp and Doc Holliday stand at the site of his killing at the former Tucson Southern Pacific Depot, now part of the Southern Arizona Transportation Museum, which offers tours of the historic site.

The first Tucson depot was a 200-foot long Victorian structure built in 1880. The depot accommodated passenger and freight trains. University of Arizona Libraries, Special Collections, Arizona, Southwestern and Miscellaneous Photograph Collection, Tucson (Ariz.)
The first Tucson depot was a 200-foot long Victorian structure built in 1880. The depot accommodated passenger and freight trains. University of Arizona Libraries, Special Collections, Arizona, Southwestern and Miscellaneous Photograph Collection, Tucson (Ariz.)

Stilwell was portrayed in media, including by John Baxter in Season 5 of The Life and Legend of Wyatt Earp (1960), Tomas Arana in the 1993 film Tombstone, and John Dennis Johnston in the 1994 film Wyatt Earp. His death, depicted as a pivotal moment in the Earp vendetta, remains a focal point in retellings of the Tombstone saga.

Despite his notoriety, Stilwell’s life reflects the duality of the frontier: a man who navigated roles as a businessman, lawman, and criminal in a lawless era. His ancestry remains unclear, and his brief but violent career underscores the chaotic nature of the Wild West. He is buried at Evergreen Memorial Park in Tucson, Arizona, where his grave serves as a reminder of his infamous end.

Conclusion

Frank C. Stilwell’s biography encapsulates the volatility of the American frontier in the late 19th century. From his early days in Kansas to his multifaceted career in Arizona, Stilwell embodied the opportunities and dangers of the Wild West. His association with the Cowboys and his suspected role in Morgan Earp’s murder placed him at the center of one of the era’s most famous feuds, culminating in his violent death at age 26. While his brother Jack pursued a path of honor, Frank’s legacy endures as that of an outlaw whose life was cut short in a vengeful act that reverberates through history.

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Killing of Frank Stilwell

Frank Stilwell
Frank Stilwell

Frank C. Stilwell (1856–March 20, 1882) was a complex figure in the American Old West, known as an outlaw, sometime deputy sheriff, and businessman in Arizona Territory. Born in Iowa, Stilwell moved with his family to Kansas Territory along the Santa Fe Trail. After his parents’ divorce in 1863, he was raised by his father, a Union Army veteran who participated in Sherman’s March to the Sea. Stilwell’s early life was marked by frontier instability, which shaped his later path as a man entangled in violence and crime.

By 1877, Stilwell had arrived in Arizona with his brother Simpson Everett “Comanche Jack” Stilwell, a noted Indian fighter and scout who took a more honorable path. Frank, however, became associated with the notorious Cochise County Cowboys, a loosely organized group involved in cattle rustling and other illicit activities. He worked as a teamster, miner, and entrepreneur, owning interests in mines, a saloon, a wholesale liquor business, a stage line, and livery stables in Charleston and Bisbee. He also partnered with ex-Texas Ranger Pete Spence in a Bisbee saloon.

Stilwell’s criminal record began to take shape in 1877 when he shot and killed Jesus Bega near Miller’s Ranch in Prescott, Arizona, after an argument over Bega serving tea instead of coffee. He was acquitted on grounds of self-defense. In 1879, Stilwell was charged with the murder of Col. John Van Houten in a dispute over claim-jumping in Pima County. Van Houten was beaten to death with a rock, but Stilwell and co-defendant James Cassidy escaped indictment due to insufficient evidence. These incidents established Stilwell’s reputation as a violent man, though he avoided legal consequences.

In 1881, Stilwell briefly served as a deputy sheriff under Cochise County Sheriff Johnny Behan, a key figure in the escalating feud with the Earp brothers—Wyatt, Virgil, and Morgan—and their ally, Doc Holliday. Stilwell’s association with Behan and the Cowboys placed him in direct conflict with the Earps, who represented law enforcement and opposed the Cowboys’ criminal activities. Stilwell was also implicated in the September 8, 1881, Bisbee stage robbery alongside Pete Spence, though both were acquitted due to lack of evidence. This event further strained relations with the Earps, particularly after Wyatt, acting as a deputy U.S. marshal, arrested Stilwell and Spence.

The Gunfight at the O.K. Corral and Its Aftermath

The tensions between the Earps and the Cowboys culminated in the infamous Gunfight at the O.K. Corral on October 26, 1881, in Tombstone, Arizona. Although Stilwell was not present at the gunfight (he was in jail in Tucson at the time), his close ties to the Cowboys, including Ike Clanton and the McLaury brothers, made him a suspect in subsequent events. The shootout left three Cowboys—Tom and Frank McLaury and Billy Clanton—dead, intensifying the feud.

Following the gunfight, threats against the Earps escalated. Cowboy Frank McLaury warned Morgan Earp that the McLaurys would kill the Earps if they attempted further arrests of Stilwell, Spence, or their allies. The Tombstone Epitaph reported “veiled threats” against the Earps, fueled by misreports that Stilwell and Spence had been arrested for a separate stage robbery near Contention City, which added to perceptions that they were being unfairly targeted.

On December 28, 1881, Virgil Earp was ambushed and severely wounded, losing the use of his left arm. The Earps suspected Cowboy involvement, including Stilwell. Then, on March 18, 1882, Morgan Earp was assassinated while playing billiards in Tombstone. Shot through a window, he died within an hour. A coroner’s inquest, led by Dr. H. M. Mathews, named Stilwell, Pete Spence, Indian Charlie, Frederick Bode, and an unnamed “half-breed” as suspects, based partly on testimony from Spence’s wife, Marietta Duarte, who said the group returned home an hour after the shooting and that Spence threatened her to remain silent. Despite the suspicions, there was insufficient evidence to prosecute Stilwell or the others.

The Killing of Frank Stilwell

Morgan Earp historical photo, 1881. Probably taken by C.S. Fly.
Morgan Earp historical photo, 1881. Probably taken by C.S. Fly.

The assassination of Morgan Earp set the stage for Wyatt Earp’s vendetta, a campaign to exact revenge on those he believed responsible. On March 20, 1882, Wyatt, his brother Warren, Doc Holliday, Sherman McMaster, and “Turkey Creek” Jack Johnson escorted the crippled Virgil Earp and his wife, Allie, to Tucson to board a train for California, where they could find safety. The group traveled by buckboard to Contention City, then by train to Benson, and finally to Tucson, arriving at dusk. Tucson was celebrating the activation of its first gaslights, and the festive atmosphere was punctuated by celebratory gunfire, which masked the violence about to unfold.

According to Wyatt Earp’s later accounts, he received word—likely via telegraph in Benson—that Stilwell and Ike Clanton were in Tucson, possibly planning to ambush the Earps. Clanton later claimed they were at the train station to meet a witness, McDowell, for a grand jury hearing, but Wyatt believed they were armed and waiting to attack Virgil. As the train approached the Tucson Southern Pacific Depot, near the Porter Hotel (later renamed the San Xavier Hotel), Wyatt’s posse spotted Stilwell and Clanton on a flatcar in the train yard, allegedly armed with shotguns under their coats.

What followed was a chaotic and brutal encounter. As the Earp party confronted Stilwell and Clanton, both men fled. Stilwell, running in the dark train yard, dropped his weapon and stumbled. Wyatt pursued him and, according to his 1926 account with John H. Flood, caught up to Stilwell, who tried to fend off Wyatt’s shotgun with his hands. Wyatt fired both barrels at close range, striking Stilwell under the ribs. The coroner’s report detailed a gruesome scene: Stilwell’s body, found the next morning 100 yards north of the station, was riddled with two rounds of buckshot (one in the leg, one in the chest with powder burns) and four additional bullet wounds, suggesting multiple shooters. Wyatt later claimed Stilwell’s last words were “Morg! Morg!,” possibly referencing Morgan Earp. Other accounts, including Virgil’s March 1882 interview with the Arizona Daily Star, alleged Stilwell confessed to Morgan’s murder before dying, naming his accomplices. However, the reliability of this confession is debated, as it aligns with the Earps’ narrative.

The first Tucson depot was a 200-foot long Victorian structure built in 1880. The depot accommodated passenger and freight trains. University of Arizona Libraries, Special Collections, Arizona, Southwestern and Miscellaneous Photograph Collection, Tucson (Ariz.)
The first Tucson depot was a 200-foot long Victorian structure built in 1880. The depot accommodated passenger and freight trains. University of Arizona Libraries, Special Collections, Arizona, Southwestern and Miscellaneous Photograph Collection, Tucson (Ariz.)

The Arizona Daily Star on March 22, 1882, condemned the killing as an act of “desperadoes” seeking vengeance, noting its boldness in a busy depot and suggesting Stilwell was targeted as a friend of Ike Clanton, whom the Earps may have initially sought. The Tombstone Epitaph and other newspapers reported the coroner’s jury verdict that Stilwell died from shots fired by Wyatt Earp, Warren Earp, Doc Holliday, and others. The severity of Stilwell’s wounds—described as “the worst shot-up man” some had ever seen—underscored the vengeful nature of the attack.

Aftermath and Legal Consequences

The killing of Stilwell marked the beginning of the Earp Vendetta Ride, a series of retaliatory killings targeting suspected Cowboys. Arrest warrants were issued by Pima County Sheriff Bob Paul for Wyatt Earp, Doc Holliday, Warren Earp, Sherman McMaster, and Jack Johnson, and a grand jury indicted them for murder. However, Cochise County Sheriff Johnny Behan, a Cowboy ally, did not serve the warrants when he had the chance, possibly intimidated by Wyatt’s armed posse. Wyatt initially agreed to turn himself in but instead fled to Colorado, where he and his men evaded prosecution.

Stilwell’s body was buried in Tucson’s old cemetery with, according to some reports, only Ike Clanton as a mourner. His brother, Comanche Jack, traveled to Tombstone seeking revenge but left without confronting the Earps. The killing fueled public outrage, with newspapers like the Arizona Weekly Citizen decrying the lawlessness of the Earps’ actions, though some viewed it as frontier justice.

Historical Significance and Legacy

The killing of Frank Stilwell is a pivotal moment in the lore of the American West, epitomizing the violent feuds and blurred lines between law and vengeance in Arizona Territory. It is commemorated by life-sized statues of Wyatt Earp and Doc Holliday at the site of the former Tucson Southern Pacific Depot, now part of the Southern Arizona Transportation Museum, which offers tours of the historic site. The original depot and Porter Hotel were destroyed by fire and demolition in the early 20th century.

Stilwell’s life and death have been depicted in popular culture, notably in the 1993 film Tombstone (played by Tomas Arana) and the 1994 film Wyatt Earp (played by John Dennis Johnston). He also appeared in Season 5 of The Life and Legend of Wyatt Earp (played by John Baxter). A fictionalized version of Stilwell, spelled “Stillwell,” is the antagonist in Disney’s 1975 film The Apple Dumpling Gang, loosely inspired by the historical figure.

Stilwell’s story reflects the duality of the frontier: a man who was both a businessman and an outlaw, caught in a deadly conflict between rival factions. While the Earps framed his killing as retribution for Morgan’s murder, critics argue it was an extrajudicial execution, highlighting the lawlessness of the era. The lack of definitive evidence against Stilwell for Morgan’s murder leaves open questions about the justice of his death, making it a subject of ongoing debate among historians.

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Sources

  • Wikipedia: Frank Stilwell
  • Legends of America: Frank C. Stilwell
  • Destination4x4: Frank Stilwell
  • HistoryNet: The Stilwell Shooting Near the Tucson Depot
  • True West Magazine: Blood on the Tracks

Grand Jury Indictment for the Killing of Frank Stilwell

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

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

Frank Stilwell
Frank Stilwell

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, March 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.

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