John Tunstall was buried behind the Tunstall Store to the NE. The burial site is on private property, but there is a marker placed behind the Tunstall store in his honor.

On the evening of February 17th, 1878, Tunstall arrived at his modest ranch after a disappointing trip to South Springs Ranch. He hoped to receive assistance from the Chisum cowboys to counter any violence from the Dolan faction. Tunstall communicated to Widenmann upon his arrival that he did not want any physical altercations on the route to Lincoln. To avoid any conflict, Tunstall and his men left for Lincoln shortly after sun up the next morning. Tunstall was driving a wagon, with the others – Widenmann, Waite, Middleton, Brewer, and Billy – on horseback. They took with them six horses and two mules.

Two hours after Tunstall and his men’s departure, the posse led by Mathews arrived at the Tunstall ranch. The cook Gauss was present there. Gauss testified that he gave them food and Dolan showed interest in pursuing the Tunstall party. Gauss overheard Morton say, “Hurry up, boys, my knife is sharp, and I feel like scalping someone. They were all excited and seemed as though they were going to kill someone.” Gauss was not harmed possibly due to his age and innocence in the matter.

Meanwhile John Tunstall and his employees; Richard Brewer, Robert Widenmann, John Middleton, Fred Waite and William Bonney were getting close to present day Glencoe with Middleton and Bonney about 500 yards to the rear. As Brewer, Widenmann and Tunstall approached the top of a hill that led down to the Ruidoso river, they saw a flock of turkeys rise to the left of the trail. Widenmann’s recollection was as stated, 
“I offered Tunstall my rifle, but he declined the use of it saying I was a better shot than he. Brewer and I started after the turkeys and left Tunstall with the horses. While hunting we heard yelling and saw a large crowd of men coming over the hill firing off rounds as they were riding.”

Middleton and Billy charged towards Tunstall and as Middleton was getting close he yelled out to Tunstall to follow him and to hurry it up. Tunstall appeared confused. Middleton desperately called out again,
”For god sakes follow me!” 
Tunstall replied:
“What John?… What John?”

Several accounts were given to investigator Frank Angel. At least one account actually names Evans as the killer. Mr Albert Howe’s account is also interesting. His account of Tunstall’s killing is of a testimony from George Kitt; “As Tunstall approached, Morton and Hill placed the butts of their rifles on their knees. Morton had assured Tunstall that he would not be harmed, but when Tunstall had ridden in close, both men fired.”

Howe also stated that Tunstall did not even unholster his weapon. It is also interesting to note that in the Howe affidavit, the use of the name “the Boys” was used. Probably because it was two men from the Jesse Evans gang that actually pulled the trigger, and not necessarily Evans. Keep in mind Evans was also wounded in the groin less than a month earlier, he may not have been able for that type of ride while still recovering.

A volley of shots burst and Tunstall fell to the ground. Middleton, Brewer, Bonney and Widenmann climbed a hill to prepare for battle but the killing party had fled after looking over the body.
The next day Tunstall’s body was brought to Lincoln and buried. George Coe later wrote about it… 
“And the body lay under the stars until morning. Then a few citizens went out and placed the lifeless form across a horse and tied it there and tried to protect the hands and face from the underbrush as the animal was led along the trail toward the Ruidoso. It was necessary to remove him in this manner for no vehicle could approach him within 3 miles of the spot where he died. We brought the body to the Brewer home and placed it in a carriage and drove it to Lincoln. The entire Community was aroused and gathering in a body. Following the procession into town was the Reverend Mr. Shields, the Presbyterian Minister and brother-in-law of Mr. Mcsween to perform the last rites. Billy the Kid, Dick Brewer Frank Coe and myself carried the coffin from the house to the Grave about 50 yards in distant. There were no flowers, but there was a reverent silence and many tears were shed. John Tunstall was given an honorable burial. It was noticeable at the funeral that not one of the Murphy Dolan faction was there.”

Mrs. Ealy also gave an account:
“The following night Tunstall’s body was brought to the house of McSween. Among those who attended the body was Billy the Kid, Dick Brewer and Fred Waite, men who herded the cattle of Tunstall. They were all good friends of Tunstall and were ready to take the execution of vengeance into their own hands.
Tunstall body was in bad shape, as he had been shot and then beaten until his forehead was battered very badly. Dr. Ealy embalmed the body, which was put in a metal coffin. As Tunstall was an Englishman, it was thought that his friends in England might wish to have the body sent there. Until such a time the body was to be buried at the East Side of what was intended in time to be Tunstall’s home. The funeral of Mr Tunstall was held the next morning. As Mrs Mcsween was away from home, I was asked to play two or three hymns. Beside the organ on which I played stood Billy the Kid and his Cowboy friends, armed to the teeth. Billy’s voice was a sweet tenor, and he sang with all his might.
The service though was a fearful one, for no one knew when the hostilities between the two factions would resume, as almost everyone connected with the feud was ready to use his gun at a moment’s warning.”

 To touch up a little more on the unfortunate events occurring at that time. This timeline is based on eye-witness accounts and testimony.

According to Robert Widenmann, John Tunstall was murdered about 5:30 pm on February 18, 1878. The body, after being left out overnight, was retrieved the next day on the 19th and after being transported through a difficult route, arrived in Lincoln about 24 hours later in the evening of the 19th. The body was dressed and buried near The Tunstall Store that next morning on the 20th in a metal casket.
The day before John Tunstall’s funeral, on February 19, Richard Brewer and Billy Bonney were in Lincoln and approached Justice of the Peace Squire ‘Green’ John B. Wilson for help obtaining warrants. }
The men gave their affidavits as told by John B. Wilson.
“I, John B. Wilson, Justice of the Peace in and for precinct number one, Lincoln County, New Mexico, do hereby certify that on or about the 19th day of February 1878 w. Bonney and R.M. Brewer filed in my office affidavits charging James J. Dolan, J. Cochrane, Frank Baker, Jesse Evans, Tom Hill, George Davis, O.L. Roberts, P. Gallegos,T. Green, Jay Hurley, A.H. Mills, Dutch Charlie Kruling, R.W. Beckwith, William Morton, George Hindman, J.B. Matthews, and others with having murdered and killed one John H. Tunstall, at the said County of Lincoln, on or about the 18th of February, 1878 and that on or about the 20th day of February 1878, issued warrants on said affidavits for the arrest of the parties above named and directed the same to the Constable of precinct number one in said County to a Atanacio Martinez.”

On February 20, 1878 just hours AFTER John Tunstall’s funeral, constable Anastacio Martinez was handed the warrants and he deputized William Bonney and Fred Waite to help him serve the warrants given to him by JB Wilson. The men bravely walked in the front door of The Murphy Store and were swiftly met by Sheriff Brady and his sidekicks who refused to acknowledge their warrants’ legalities.
Constable Anastacio Martinez who rode with the Regulators throughout the LCW, later testified…
“Brady at once covered myself, Wm. Bonney and F.T. Waite with their rifles, forcibly disarmed and took prisoners myself, said Bonney and Waite and then demanded of them their business. William Brady and the persons with him abused and cursed at me, and I was held prisoner by said Brady for several hours without warrant or legal process, that subsequently I was released and allowed to return home, but my arms were not returned. That said Wm. Bonney and F.T. Waite were held prisoners by said Wm. Brady for about 30 hours and then released.”
What was not mentioned by Martinez was that Brady also had a small detachment of soldiers he had requested to be present in Lincoln for any civil unrest that may have occurred.
However Robert Widenmann who had been previously deputized in 1877 as a US Deputy Marshal under John Sherman jr was able to also request US troops support. Widenmann requested 30 soldiers and was granted. The detachment’s arrival, led by lieutenant B.S. Humphries reported to Widenmann to assist in the arrests of Jessie Evans, Frank Baker, Hill, Davis and a few others thought to be present when Tunstall was killed. Widenmann led them to the Murphy store to finish what Billy and Fred started out to do.
But Wm. Brady refused again to be arrested for the excuse that Widenmann was without a lawful posse. Widenmann ignored and pushed past him, executing a search of The Murphy Store and without finding anyone, took the soldiers along to The Tunstall Store which had been under guard of Brady’s posse until the court process was to be completed, as the store had been attached to a writ to cover the cost of money owed by McSween. Deputy Longwell and others were inside The Tunstall Store when Widenmann approached.
Longwell recalled, 
“We saw a squad of soldiers in front of the house. The house was then surrounded by McSween’s men and the soldiers. The soldiers were placed in front of the door and McSween’s men on each side of the door. Then Widenmann came along. I rapped on the window and asked him what was up and he answered,
“you will find out damn quick”.
Longwell and the other men were arrested for stealing about 20 dollars worth of merchandise from the store, but were quickly released of the petty crime.
On February 26, 1878 Robert Widenmann wrote to UK ambassador Edward Thornton to inform him that a British citizen (Tunstall) had been murdered because of James Dolan. United States Federal Investigators pushed for information and Governor Axtell was forced to go to Lincoln and meet with LG Murphy. After getting Murphy’s tale of the killing, Axtell, went back to Santa Fe, but not before refusing to hear the testimonies of the actual witnesses.
Axtell concluded his little visit with a proclamation on the ninth day of March 1878. It reads as follows:
“1st-John B. Wilson’s appointment by the County Commissioners as a Justice of the Peace was illegal and void, and all processes issued by him were void, and said Wilson has no authority whatever to act as Justice of the Peace
2nd-The appointment of Robert Widenmann as U.S. Marshal has been revoked and said Widenmann is not now a peace officer nor has he any power or authority whatever to act as such.
3rd-The president of the United States upon an application made to me as governor of New Mexico has directed The Post Commander Colonel George A. Purrington to assist territorial civil officers and to maintain an order and enforce legal process. It follows from the above statement of facts that there is no legal process in this case to be enforced, except the writs and processes issued out by the third Judicial District Court by judge Bristol and there are no territorial officers here to enforce them except for Sheriff Brady and his deputies. Now therefore in consideration of the premises I do hear by command all persons to disarm and return to their homes and usual occupations under penalty of being arrested and confined in jail as disturber of the public peace.”
-S. B. Axtell
Governor of New Mexico
Axtell was getting rid of any possibilities of prosecuting Tunstall’s killers. It showed that Axtell was a part of The Ring that killed John Tunstall…The Santa Fe Ring. The Cimarron News and Press took aim… “On what other hypothesis can this strange action of the governors be explained?”
Notes:
1. many researchers have placed Waite and Bonney in jail during the Tunstall funeral. I believe that that stems from the tight timeline as well as the letter written by Mrs. McSween to Tunstall’s father failing to mention Bonney or Waite. It turns out that Mrs. McSween was proven to have not even been present that day. More than one eyewitnesses say Bonney was at the funeral, so it would be completely irresponsible to dismiss those claims from the known attendees. 
2. JB Wilson was in his legal rights to be Justice of the Peace
3. Anastacio Martinez also testified in the Bernstein murder trial