Alexander McSween
Events & Genealogy
Born: Alexander Angus MacSwain jr.
Birthdate: June 15, 1837
Birthplace: Belfast, Queens, Prince Edward Island, Canada
Baptised: September 16, 1837
Marriage: Susan Hummer in August 1873 at Eureka, Kansas
Children: None
Death: July 19, 1878
Cause of death: Gunshot wounds
Burial: Unmarked grave in Lincoln, New Mexico
Alex McSween: Trial by Fire
By J. Young
Alex “Mac” McSween was born around 1843 in the beautiful regions of Nova Scotia or possibly Prince Edward Island in Canada. In his teenage years, he made his way to the Midwest USA, where he attended church and joyfully spread the word of God as a preacher or missionary. He even took the step to go to law school at Washington University in St. Louis, although he didn’t complete the two-year law degree. Later on, he enjoyed working as a school teacher and a legal assistant in Eureka, Kansas. In August 1873, Mac happily married Susan E. Hummer, (Homer).
Mac and Sue set off on an exciting adventure to New Mexico, arriving in Lincoln nearly penniless but filled with dreams, traveling by wagon in early March 1875. Mac was overheard saying to an observer, “I plan to make Lincoln my El Dorado!” He established himself as a welcoming legal assistant and became the first attorney to settle in the county seat. With a cozy office at Squire Wilson’s place, the justice of the peace, Mac quickly built quite a remarkable client list, including the renowned John Chisum, cattle king of the Pecos. It was a fantastic start! Mac also took on a role with James Dolan, who was just starting to take over the business for LG Murphy, assisting Dolan as his legal counsel and help with debt collection.
Here are some charming words about Chisum and Murphy by Robert Utley that I really like; “As the figure of Lawrence G Murphy towered over the high country, so the long shadow of John Chisum spread over the low country to the east.”
As for Mr. and Mrs. McSween, they were quite the striking couple. Mac often dressed sharply in a suit and tie and had a slightly shiny look in his eyes paired with his messy mop of curly hair and a mustache that drooped like handlebars on either side of his long chin. He was known for his aversion to confrontation and did not carry a gun. Sue, on the other hand, captured attention in her own right, standing out as the only white woman in town amid a village predominantly inhabited by Hispanics. With her intricately curled hair and a somewhat puffy face, she had a great figure; dazzling gowns and elaborate makeup always complemented her presence. “Mrs. McSween always looked like a big doll,” reminisced a resident fondly.
The McSweens soon settled into their beautiful new adobe home, built in a lovely U shape and furnished with elegant Victorian furniture. It created an inviting and comfortable environment, and Sue, an accomplished musician, was even gifted a piano and an organ.
One of the cases Mac was handling for Murphy/Dolan involved the life insurance policy of Murphy’s former partner Emil Fritz, who had sadly passed away in 1874, leaving behind a $10,000 life insurance policy. His heirs included his brother, Charles Fritz, and his sister, Emilie Fritz Scholand. To collect this, he needed to travel to New York.
Before heading to New York, McSween traveled to Santa Fe, where he crossed paths with a young traveler from England, John Tunstall, at a hotel. They struck up a friendly conversation about business and made plans to catch up again in Lincoln. Now in New York, Mac set out to collect the insurance money. The amount was successfully transferred to his account, and there was no court order requiring him to give it to anyone. However, upon returning to New Mexico, he attempted to give it to Charles Fritz, but either Dolan or Murphy instructed Fritz to tell McSween to hold onto it for now, and Fritz obliged for some reason.
John Tunstall, who was on a quest to make his mark in the business world, thought he had found his opportunity in Lincoln. Well-financed by his father in England, he aimed to make his father proud. When he reunited with Mac in Lincoln, McSween happily introduced Tunstall to John Chisum. Over the years, Mac had witnessed the decline of the Murphy/Dolan monopoly and might have encouraged Tunstall that they had a chance to seize the opportunity to create a new business. Chisum likely sought to compete against Dolan, who would purchase stolen Chisum stock to fulfill his beef contracts.
Plans unfolded to collaborate in Lincoln and establish a business. Mac was joyfully hired by Tunstall as his legal business counsel, while still being retained by Chisum. Robert Widenmann, an educated lawman of German descent, became Tunstall’s nearest friend and confidant. Richard Brewer, an experienced rancher, helped initiate and run the ranch. This friendly group of five was ready to embark on their exciting journey.
Richard Brewer found a lovely location for the Tunstall ranch, 30 miles south of Lincoln along the picturesque Rio Feliz and Penasco rivers. As Tunstall was British and unable to purchase federal land directly, clever McSween arranged six dummy applicants, including Brewer and himself, to file for 640 acres under the newly enacted desert land act. Following that, on behalf of Tunstall, Mac purchased cattle from an auction organized by the widow Ellen Casey. By early spring 1877, the ranch was set to operate seamlessly.
Before long, gold drafts from London began swelling Mac’s bank account, making him feel like his dream was finally coming true! Excited about his legal practice’s prosperous future, McSween invited his brother-in-law, lawyer David Shields, along with his wife (Sue’s sister) and their young daughters to Lincoln. The family moved into the East wing of McSween’s charming U-shaped home, where David would assist Mac and become his valued partner.
In February 1877, Mac purchased the old Murphy store from Dolan, situated next door to his home. Skilled carpenters and masons worked hard to enlarge and modernize the store, reopening it as the Tunstall store. Inside, a bank was established, where John Chisum took on the role of president. Mac would have a new office there too, moving out of Squire Wilson’s dance hall, which sometimes doubled as a courtroom. Living quarters were added to the back of the store for added convenience. In September ’77, Mac purchased additional property from Dolan, extending from the store down to the Torreon. This was perfect because the McSweens aimed to build a school and Presbyterian church there. Dr. Ealy and his wife arrived in Lincoln either due to the McSweens’ signal or by coincidence, ready to teach and preach in the new school and church once completed. The Ealys briefly stayed with the Shields in the East wing of Mac’s house before moving to the living quarters at the Tunstall store while waiting for the church and school to be constructed, which sadly would never come due to the unfolding events.
McSween eagerly embraced Tunstall’s plans as he envisioned a splendid future working together. The influx of English money meant that the dream of his El Dorado in Lincoln was within reach! However, after purchasing property from Dolan and then planning to establish a rival store, Dolan began speculating that Tunstall and Mac were partners, which, in truth, they were not.
Dolan had one advantage—he was in league with the Lincoln County sheriff. Additionally, he was backed by a significant unseen political force known as the Santa Fe Ring, which included influential figures like the governor, various lawyers, judges, key members at Fort Stanton, sheriffs, deputies, and many more.
As the tensions rose, Mrs. McSween began to feel uneasy. She had her reservations about the direction her husband was taking, sensing that Dolan would retaliate. In her own words, she recalled, “I told Tunstall and Mac they would be murdered if they ventured into the store business.” She expressed, “I did my best to keep McSween from entering the business, but he went against my wishes. Tunstall was the reason behind it.”
Remembering that McSween still had the funds from the Fritz case, Dolan informed Emilie Fritz Scholand that McSween was embezzling her rightful money. This prompted an affidavit to be signed by Scholand. Utilizing his connections within the Santa Fe Ring and the district court, Dolan orchestrated McSween’s arrest while he was traveling with John Chisum. He faced Judge Warren Bristol in Mesilla, New Mexico, who stated that McSween claimed to be in partnership with Tunstall in the store business (though witnesses confirm McSween never said this). He had no motive to say so, as he was merely Tunstall’s lawyer and not a partner. A trial date was set, and Mac was released. On February 7, 1878, Dolan managed to secure a writ of attachment on Tunstall’s property, which was also believed to be linked to McSween.
Dolan’s schemes prompted action, leading him to hire the Seven Rivers Warriors and the Jesse Evans gang as mercenaries, discreetly collaborating with Sheriff Brady to take possession of Tunstall’s stock. Tragically, John Tunstall was murdered by a posse of Dolan men, who falsely claimed that Tunstall fired upon them first. Yet, no one believed them, especially not in Lincoln, where his newly hired men and Mac stood steadfast in disbelief. When Tunstall’s body was brought to McSween’s, laying out on the table, young Billy Bonney vowed to seek revenge.
Turning to Sheriff Brady was futile as he sided with Dolan. So Mac gathered Brewer and several others to approach the justice of the peace, John B. Wilson, to swear out affidavits identifying the killers. Warrants were issued, and Mac, along with Robert Widenmann, penned numerous letters to various authorities, urging them to come to Lincoln and investigate the corruption and murder. Unfortunately, those letters likely never made it out of the post office, as James Dolan, the Postmaster in Lincoln, could have read and destroyed them. Following Widenmann’s claim that Dolan’s men attempted to poison him, McSween grew fearful for his life, prepared his will, and retreated with Susan to a safe spot in the mountains.
Attempts were made to execute the warrants obtained from Squire Wilson, but the men were overwhelmingly outnumbered and outgunned. Sheriff Brady scoffed at the warrants, contending that the named individuals acted in self-defense. Mac’s men had no choice but to withdraw. Feeling justice would elude them in Tunstall’s tragic death, the frustrated regulators went on a rampage, retaliating against a few men for Tunstall’s death, including the ambush and killing of Sheriff Brady. The regulators might have inadvertently saved McSween’s life, as it was rumored Brady held a warrant for McSween and had plotted to kill him.
Sheriff Brady was replaced by John Copeland, who had a friendly relationship with McSween. He then returned to Lincoln to face the embezzlement charges regarding the insurance money. Dolan believed this maneuver would seal McSween’s fate. However, the good citizens of the grand jury respected McSween and bravely exonerated him of the charge. When Sheriff John Copeland hesitated to act on Dolan’s behalf against McSween, Dolan used his connections within the Santa Fe Ring to have him replaced by George Peppin.
Ambushes and clashes continued for several months from both parties in this war, peaking in mid-July 1878, during a tense five-day battle in Lincoln. McSween and the Regulators found themselves trapped in McSween’s house and the Ellis store. On the third day, the Army arrived, causing a panic. McSween and his regulators witnessed Sheriff Peppin riding down the street alongside Col. Dudley from the Fort Stanton Army post. Although Dudley assured everyone he was there solely for the protection of Lincoln’s citizens, a Dolan man called for McSween to surrender. Fearing for his life, McSween declined. The U-shaped house was set ablaze at one end around 2 p.m. on July 19th. Sue recalled, “The boys were talking together while McSween and I sat in the corner. The boys decided I should leave. They were fighting the fire in my sister’s place (the east wing), and Mac suggested it was wise to go…the boy was energetic, while Mac appeared downcast. Mac sat there with his head lowered, and the boy urged him to rise, insisting they should make a break for it.”
Shortly after dark, they made their escape; one by one, they slipped out of the east kitchen into the yard, creeping in a single-file line towards the gate. The fire’s light illuminated the entire valley where shadows danced. The first five made it out to the darkness of the Rio Bonito, but Harvey Morris tragically fell dead at the gate, while the others were forced back by gunfire, with some hiding in a chicken house in the yard. After ten long minutes, McSween boldly called out that he would surrender, showing himself first before proclaiming that he would never surrender. McSween faced a hail of bullets while unarmed, falling to the ground beside Vincente Romero and Francisco Zamora.
The victors celebrated, dancing, drinking, and firing their pistols into the air, while some looted Tunstall’s store from top to bottom. Col. Dudley walked over, kicking chickens pecking at McSween’s lifeless eyes before draping a blanket over his body. As the sunlight of July 20th broke, it revealed the devastation left behind from the night before. Five bodies lay riddled with bullets beside the smoldering ruins of the McSween home. A man named Serbian Bates graciously dug McSween’s grave that afternoon near Tunstall’s resting place. Both men are commemorated close behind the Tunstall store in Lincoln, alongside several others including Harvey Morris.