Highway to Hell

Morton and Baker’s Last Ride
by J. Young.

The Regulators led by Richard Brewer held warrants for several men for their involvement in the killing of John Tunstall and captured two of them near Seven Rivers on March 6, 1878. After spotting a group of 5 men on The Penasco River, north of Seven Rivers, the Regulators gave chase catching two of the five. They were Buck Morton and Frank Baker. Brewer stated then he wished they would not have surrendered because he did not want to take them alive. Many others objected to their surrender, arguing that Sheriff Brady would just let them go without due process. So they took their prisoners to rest at the Chisum ranch. At Chisum’s place, the boys got word that Dolan was gathering a posse to intercept them. As Buck Morton felt death breathing upon his neck, he wrote a letter . There is belief that the letter was written to an attorney, which was possibly his brother in-law. Here is the letter’s transcript that Morton wrote and gave to Sally Chisum to hold for him:

“Some time since I was called upon to assist in serving a writ of attachment on some property wherein resistance had been made against the law. The parties had started off with some horses which should be attached, and I as deputy sheriff with a posse of twelve men was sent in pursuit of the same. We overtook them, and while attempting to serve the writ our party was fired on by one J.H. Tunstall, the balance of our party having run off. The fire was returned and Tunstall was killed. This happened on the 18th of February.

The 6th of March I was arrested by a constable’s party, accused of the murder of Tunstall. Nearly all of the sheriff’s party fired at him, and it is impossible for anyone to say who killed him. When the party which came to arrest me, and one man who was with me, first saw us about one hundred yards distant, we started in another direction when they (eleven in number) fired nearly one hundred shots at us. We ran about five miles, when both of our horses fell and we made a stand. When they came up, they told us if we would give up, they would not harm us.

After talking a while, we gave up our arms and were made prisoners. There was one man in the party who wanted to kill me after I had surrendered, and was restrained with the greatest difficulty by others of the party. The constable himself said he was sorry we gave up as he had not wished to take us alive. We arrived here last night enroute to Lincoln. I have heard that we were not to be taken alive to that place. I am not at all afraid of them killing me, but if they should do so, I wish that the matter should be investigated and the parties dealt with according to law. If you do not hear from me in four days after receipt of this, I would like you to make inquiries about the affair.

The names of the parties who have arrested me are: R.M. Brewer, J.G. Scurlock, Chas. Bowdre, Wm. Bonney, Henry Brown, Frank McNab, “Fred Wayt,” Sam Smith, Jim French (and two others named McCloskey and Middleton who are friends). There are two parties in arms, and violence is expected. The military are at the scene of disorder and trying to keep peace. I will arrive at Lincoln the night of the 10th and will write to you immediately if I get through safely. Have been in the employ of Jas. J. Dolan & Co. of Lincoln for eighteen months since the 9th of March ’77 and have been getting $60.00 per month. Have about six hundred dollars due from them and some horses, etc., at their cattle camps.

I hope if it becomes necessary that you will look into this affair, if anything should happen, I refer you to T.B. Catron, U.S. Attorney of Santa Fe, N.M. and Col. Rynerson, District Attorney, La Mesilla, N.M. They both know all about the affair as the writ of attachment was issued by Judge Warren Bristol, La Mesilla, N.M. and everything was legal. If I am taken safely to Lincoln, I will have no trouble, but will let you know. If it should be as I suspect, please communicate with my brother, Quin Morton, Lewisburg, W.Va. Hoping that you will attend to this affair if it becomes necessary and excuse me for troubling you if it does not.”

After leaving The Chisum South Spring Ranch, at around 10 am, the Regulators stopped by the post office at Roswell and mailed Morton’s letter with clerk Ash Upson. The Regulators and their prisoners headed North and likely made use of Chisum’s old ranch at Bosque Grande for another nights rest. On the 9th the men were off the trail headed through the Agua Negra area north-west of Fort Sumner when Morton and Baker were shot dead.
The following is a testimony given by John Middleton to special agent Frank Angel, it states that when,
“Morton drew a revolver out of McCloskey’s scabbard as they were riding side by side, said McCloskey being one of the said posse, and shot said McCloskey in the head. Baker had a pistol concealed. Morton and Baker then made every effort to escape and refusing to halt were fired upon and killed about a half a mile from where McCloskey was killed.”

Traditionally it has been accepted that about 30 miles northwest of Fort Sumner, near Agua Negra Spring, Regulator, Frank McNab overheard William McCloskey tell the prisoners they would have to kill him first if there was to be an attempted lynching, so McNab rode his horse up alongside McCloskey and remarked,
“So you’re the son of a bitch who has to die before them?!”
McNab pulled out his pistol and shot McCloskey in the head, killing him instantly. Morton and Baker fled for their lives and were gunned down dead. The 3 bodies were left for the vultures and later buried by sheep herders. The burial was witnessed by a 9 year old boy.
Frank Baker was 22 and Buck Morton was 23 when the Regulators executed them at Agua Negra Spring also known as “Black Water Draw” or Deadman’s Hole as George Coe referred to it.

Ash Upson later told about his encounter with The Regulator's that day...

Richard Brewer and a Constable's Posse with legal process arrested William S Morton and Frank Baker on the banks of the Pecos after an 8 Mile chase. the prisoners are charged with the killing of J.H. Tunstall. The Posse arrived at Chisum's Ranch on Friday 6th. It was for Roswell where Morton registered a letter about 10:00 on Saturday morning. Morton at the post office expressed fears that he would be lynched and declared his willingness to stand trial. about half after 10:00 the party left with their prisoners ostensibly for Lincoln. about 5:00 p.m. Martin Chavez reported here that the party had left the road and gone toward Blackwater holes. this Sunday morning Frank McNab one of the arresting party, returned. his statement of events after leaving here are the substance as follows: “ When we had ridden some 20 miles and had reached a point about 5 or 6 miles from Blackwater, Morton was riding side by side with one of the posse, when he suddenly snatched McCloskey’s pistol from his Scabbard and shot him dead. Although mounted on a slow horse, he put him on his best speed, closely followed by Frank Baker. They were speedily overtaken and killed.” McNab said he had no further business in the direction he returned. Whatever face or color future developments may put on the face of the affair, there is no doubt that McCloskey, Morton and Baker are dead.

Ash Upson

A letter was sent to the Albuquerque Review signed anonymously as XYZ. The letter was thought to have been written by James Dolan.
The letter:

“The sheriff’s party, Brady with them, came back today after burying Billy Morton and Frank Baker. the particulars as they relate them are that after the governor issued his Proclamation two men went Express from Green Wilson and stated that he could not try them as His commission had been taken away. Brewer and party then took the boys about 60 miles to the foot of the Capitan Mountains and murdered them. McCloskey, one of their party, objected to shooting them while they were tied up, and that he’d testify to that effect, when one of them say a young Kid, (Billy) shot him.
There were nine balls in Morton’s body, one in his head and five in Baker.”
-XYZ

In 2008, Cold West Detectives were authorized to investigate a location where the deaths of Morton, Baker and McCloskey had occurred. The property owner, Mr. Cooper, granted access to the location. Investigator Steve Sederwall meticulously examined and analyzed the evidence at the scene. A total of twenty-five spent cartridges were discovered in the soil, and ground penetrating radar was deployed to locate the single grave where the deceased were interred. A word from Steve below.

"The way we look at history is changing. Until now we could only study history, now with science we can investigate it. After we did a modern CSI at the courthouse, we know what the evidence supports. Historians were at a disadvantage until now, they were unable to develop the evidence we can today. They did not have the advantage of seeing Bell’s blood on the floorboards, which told the story. As for the shooting at Agua Negra we do know what the evidence tells us happened. The spent cartridges, their location, even the caliber gives up clues as to what happened. When you combine the work of the Historian with the work of the CSI team and the Detectives, we can know what happened at Agua Negra at dusk, March 9, 1878. One of the most interesting things of the investigation was to talk with Mr. Cooper who owned the ranch where the crime scene was located. In about 1940, Mr. Cooper was buying the ranch and a Mr. Hazelwood gave him the tour. I was in the truck with Mr. Cooper when we pulled out of the creek, he pointed over to two rectangle shaped rocks and said, “Those cowboys are buried over by those rocks.” He had already impressed me with the knowledge of this event but to tell me where Morton and Baker were buried set me back. Not one living historian that I know of has been to the killing field, with the exception of David Turk, who was with our detectives. The location is in the backwaters of no where, even today. I asked how he knew where the grave was located. He said, “Mr. Hazelwood told me.” Mr. Cooper said Hazelwood was eight-years old when this happened, and he and two other boys rode their horses down here and came up on men burring the bodies. Mr. Cooper chuckled when he told me what Hazelwood said, "They were damn sure dead." I was leaning on the truck talking to a man who had heard the story from an eyewitness, it was amazing. I've been interviewing people for years and it was clear, Mr. Cooper was not trying to impress me and was not embellishing the story, he was quoting what Hazelwood told him. In 1940 Hazelwood was 70 years old and telling Mr. Cooper what he saw 62 years before in this very spot. History tells us Baker fell first as they were running away. Morton was killed out by the rectangle rocks. Hazelwood saw where they had drug Baker up to where Morton was laying by the rocks. The bodies were piled one on top of the other. The man on top wore a dark colored shirt, Hazelwood said looking back he could not say if it was dark because of being blood covered or a dark colored shirt. Mr. Cooper pointed out the general area Hazelwood told him the grave was located. Detectives came back later with Ground penetrating radar and located the single grave where they were both buried. The dead men were thrown into one grave and buried. Baker on the bottom and Morton on top. Now I know your saying, “How do you know that?” The burial detail drug Baker over to where Morton had been killed. Hazelwood said the man on top had a dark colored shirt, that would be Baker. When they drug him to Morton they would hot have laid Baker down and then put Morton on top, they would have drug Baker over and slid him on top of Morton. When they buried them, they would have taken the man on top and put him in the grave first, the man on top would have been Baker. They would have slid Morton off into the grave and covered it up. Walking away without marking the grave. They were hired to bury them not hold a service and mark the grave. This why I say in the grave we will find Morton on top and Baker under him."