Earp Vendetta Ride - Posse Breaks Up

Posse Breaks Up

On Friday, March 25, the Tucson grand jury indicted Pete Spence, Frank Stilwell, "Indian Charlie" Cruz, Frederick Bode, and "John Doe" Fries for Morgan Earp's murder. Pete Spence's trial began on April 2, but ended very quickly when the prosecution called Mrs. Marietta Spence to the stand. The defense objected that her testimony was hearsay and that as a spouse she could not testify against her husband. Without her testimony, the prosecution had insufficient evidence and dropped its case against Pete Spence and Frank Stilwell.

On the same day, the Earp party slipped into the area near Tombstone and met with supporters, including "Charlie" Smith and Warren Earp. They were hoping to receive $1,000 contributed by mining owner and Earp supporter E. P. Gage, but Tony Kraker and Whistling Dick Wright, the men carrying it, had not returned. On March 26 the eight-man Earp posse rode out to Dragoon Summit Station. They stopped an eastbound train at 1 p.m. and searched the carriages but found nothing. It is not known what they were hoping to find. The party moved north to the Percy Ranch, but were not welcomed by Hugh and Jim Percy, who feared the Cowboys. After a meal and some rest, they left at 3:00 a.m on the morning of March 27 for the Sierra Bonita ranch of Henry C. Hooker, a wealthy and prominent rancher.

Hooker congratulated Earp on killing "Curly Bill" Brocius. He fed them and Wyatt told him he wanted to buy fresh mounts, but Hooker would not take his money. Early that same morning, Dan Tipton caught the first stage out of Tombstone and headed for Benson, carrying the $1,000 from E.B. Gage for the posse. The Nuggett reported that Tipton left on the 5 o'clock stage to catch up with the party. The posse also received some money from Lou Cooley, a stage driver and possibly a Wells Fargo operative, who gave funds from the express company.

When Behan's posse was spotted in the distance, Hooker suggested Wyatt make his stand there, but Wyatt moved into the hills about three miles distant near Reilly Hill. When Sheriff Behan and his posse arrived at the Sierra Bonita ranch, Hooker refused them assistance. One report said Hooker told Behan where to look for the Earps but the posse left in the opposite direction.