William Brocius | |
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An unauthenticated photo of Curly Bill Brocius from the Bird Cage Theater in Tombstone. | |
Born | c. 1845 ProbablyCrawfordsville, Indiana, United States |
Died | March 24, 1882(1882-03-24) (aged 36–37) Iron Springs,Arizona Territory, United States |
Cause of death | Gunshot wound to the stomach |
Nationality | American |
Occupation(s) | Cowboy, outlaw,rustler |
Years active | 1860–1882 |
Opponents |
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Allegiance | The Cowboys |
O.K. Corral gunfight |
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Principal events |
Lawmen |
Outlaw Cowboys |
William Brocius (c. 1845 – March 24, 1882),[1] better known asCurly Bill Brocius, was an Americangunslinger,rustler and anoutlawCowboy in theCochise County area of theArizona Territory during the late 1870s and early 1880s. His name is likely an alias or nickname, and some evidence links him to another outlaw named William "Curly Bill" Bresnaham, who was convicted of an 1878 attempted robbery and murder inEl Paso, Texas.
Brocius had a number of conflicts with the lawmen of theEarp family, and he was named as one of the men who participated inMorgan Earp's assassination.Deputy U.S. MarshalWyatt Earp and a group of deputies including his brotherWarren Earppursued those they believed responsible for Morgan's death. The Earpposse unexpectedly encountered Curly Bill and other Cowboys on March 24, 1882, atIron Springs (present-day Mescal Springs). Wyatt killed Curly Bill during the shootout. In his journal written in October 1881,George Parsons referred to Brocius as "Arizona's most famous outlaw".
Brocius arrived in Arizona Territory from either Texas orMissouri about 1878, and went briefly to theSan Carlos Reservation with a herd of cattle, before arriving in the Arizona Territory.
Brocius was anOutlaw Cowboy and arustler, and was for a time also a tax collector for Cochise County SheriffJohnny Behan, making other rustlers pay taxes on their stolen cattle (the money went into the sheriff's coffers and added to his salary).[citation needed]
Brocius was known for a mean sense of humor when drunk. He was reported to have perpetrated such "practical jokes" as using gunfire to make a preacher "dance" during a sermon, and making Mexicans at a community dance take off their clothes and dance naked.[2] Both incidents were reported by Wells Fargo agent Fred Dodge in his memoirs and alluded to in the newspapers of the time.[3]
An unauthenticated photo of Brocius is displayed in theBird Cage Theater Museum in Tombstone. Two other unauthenticated photos of Brocius have been provided by descendants. Several writers who knew Brocius reported that he was well-built with curly black hair and a freckled complexion.[4]
In a drunken revelry, some of Curly Bill's friends were firing pistols into the air on October 28, 1880,[5] in a dark vacant lot between Toughnut and Allen Streets, near where the Birdcage Theater now stands. Tombstone's Town MarshalFred White attempted to disarm Brocius and grabbed his weapon by the barrel. The gun discharged, striking White in the groin.[6]: 117 Wyatt Earp had borrowed Fred Dodge's pistol and hepistol-whipped Brocius. At the preliminary hearing for Brocius afterward, Wyatt testified that he had heard White say: "I am an officer; give me your pistol." When he got close, he saw Brocius remove his pistol from his holster and White grab it by the barrel. He said he put his arms around Brocius from behind to see if he had any other weapons, and White "gave a quick jerk and the pistol went off." White fell to the ground, wounded. When the pistol discharged, Wyattbuffaloed Brocius and arrested him. Brocius complained, "What have I done? I have not done anything to be arrested for."[7]
White was carried to a doctor and they initially thought he would recover, and the next day, he gave a statement that exonerated Curly Bill of murder, but that night, White's condition worsened.[6]: 117 Brocius later claimed that his gun discharged accidentally and reportedly immediately regretted shooting White. He testified at his trial that he did not consider himself to have committed a crime. Brocius waived his right to a preliminary hearing, apparently because he feared alynching, as White was very popular as town marshal. Brocius was anxious to be moved out of town.Pima County Deputy Sheriff Earp and George Collins immediately took Brocius to Tucson for trial.
White died two days after Curly Bill shot him. Before dying, White testified that he thought the pistol had accidentally discharged and that he did not believe that Curly Bill shot him on purpose. Wyatt Earp supported this testimony, (ironically, given his later vendetta against Brocius and the rest of the Cowboy gang) as did a demonstration that Brocius's pistol could be fired from half-cock, and the fact that it had been found to contain six rounds, with only one of them fired. After spending most of November and December 1880 in jail awaiting trial, Brocius was acquitted with a verdict of accidental death.[citation needed]
Wyatt told his biographerJohn H. Flood, Jr., many years later that he thought that Brocius was still armed at the time and did not notice that Brocius' pistol lay on the ground in the dark, until Brocius was already down.[8] Despite being responsible for the deaths of several other men during his life, Brocius had apparently personally liked White[citation needed] and maintained that his death had been an accident.[9]
Brocius was described by contemporary authorBilly Breakenridge in his book,Helldorado: Bringing the Law to the Mesquite, as being the most deadly pistol shot of the Cowboys: "able to hit running jackrabbits, shoot out candle flames without breaking the candles or lantern holders, and shoot quarters from between the fingers of volunteers". When drunk, Brocius was also known for a mean sense of humor and for such "practical jokes" as using gunfire to make a preacher "dance" during a sermon or forcing Mexicans at a community dance to take off their clothes and dance naked.Wells Fargo agent Fred Dodge reported both incidents in his memoirs, and both were alluded to in local newspapers.[4]
On March 8, 1881, Brocius and his friendJohnny Ringo rode to Maxey, near Camp Thomas, Arizona. Cowboy Dick Lloyd got drunk while playing poker in O'Neil and Franklin'ssaloon. After shooting and wounding one man, Lloyd rode his horse into the saloon where Brocius was drinking. Brocius and several other men resented the interruption, and about a dozen of them, including Brocius, shot and killed Lloyd. Owner O'Neil took the blame and was acquitted.[10]: 472
On May 25, 1881, Brocius was drinking heavily in Galeyville with his friend of several months andLincoln County War veteran Jim Wallace and eight or nine other cowboys. Wallace insulted Brocius' friend and ally, Tombstone Deputy MarshalBilly Breakenridge. Breakenridge ignored him, but Brocius took offense and insisted that Wallace accompany him and apologize to Breakenridge. Brocius threatened to kill him. Wallace complied, but Brocius afterward heaped abuse on Wallace, announcing, "You damned Lincoln County son of a bitch, I'll kill you anyhow." Wallace left the saloon and Curly Bill followed him. Feeling threatened, Wallace shot Curly Bill, wounding him in the cheek and neck.[3]
Deputy Breakenridge arrested Wallace, but the court ruled he acted in self-defense.[3]
In July 1881, Bill Leonard and Harry Head attempted to rob William and Isaac Haslett's general store inHachita, New Mexico. The Haslett brothers killed Leonard and Head during the hold-up. Some modern researchers state that Brocius and friend Johnny Ringo rode to New Mexico to avenge their friends' deaths and killed both Haslett brothers.[11][12] However, no witnesses to this crime were found nor to Curly Bill's involvement in the Hasletts' death.
Four months after Brocius was shot, on October 6, 1881, George Parsons rode through the McLaury brothers' ranch inSulphur Springs Valley as part of an Indian scouting party, and noted that Brocius had not yet fully recovered from his wound, but was well enough to ride.[13] For this reason, many historians doubt that Brocius took part in killing William and Isaac Haslett.[13]
In July, some reports say that Brocius ambushed a Mexican trail herd in theSkeleton Canyon Massacre. Sixvaqueros were killed and the remainder captured, then possibly tortured and murdered.[11] Curly Bill reportedly sold the stolen Mexicanbeef toNewman Haynes Clanton the next month. When Old Man Clanton was herding the beef on the trail to Tombstone, he and four others were ambushed in theGuadalupe Canyon Massacre and murdered by Mexicans. No reports were verified of Curly Bill's involvement in these episodes, nor was he charged with any crimes related to these events.[3]
Brocius was still recovering from being shot in the face by Wallace only six weeks earlier. Some modern researchers doubt that he was well enough to take part in these events.[13]
Following theGunfight at the O.K. Corral on October 26, 1881, Brocius robbed the Tombstone–Bisbee stagecoach on January 6, 1882, and the Tombstone-Benson stage the next day. Deputy U.S. Marshal Wyatt Earp gathered a posse and rode after the men, but was unable to find them in theChiricahua Mountains. Brocius returned to Tombstone on March 17.[11] He was named byPete Spence's wife Marietta Duarte as a participant in the assassination of Morgan Earp. Justice of the PeaceWells Spicer disallowed her testimony because it washearsay and because she could not testify against her husband. Lacking evidence, the prosecution dropped all charges against the Cowboys. Deputy U.S. Marshal Wyatt Earp killed outlaw CowboyFrank Stilwell in Tucson on March 20, 1882, while guarding his brother Virgil en route to California.
On March 24, 1882, the Earp party was expecting to meet Charlie Smith atIron Springs (later Mescal Springs), in theWhetstone Mountains. Smith was bringing cash from Tombstone about 20 miles (32 km) to the east to help pay posse expenses. As they surmounted the edge of a wash near the springs, they stumbled upon Brocius,Pony Diehl, Johnny Barnes, Frank Patterson, Milt Hicks, Bill Hicks, Bill Johnson, Ed Lyle, and Johnny Lyle, cooking a meal alongside the spring.[14]
According to Wyatt Earp — and an anonymous report toThe Tombstone Epitaph— he was in the lead of the posse when they suddenly came upon the Cowboys' camp at the springs from less than 30 feet (9m) behind an embankment. The Cowboys began firing just as Earp dismounted and thought for a moment they had shot him, but they had hit his saddle horn instead.[15]Texas Jack Vermillion, whose horse was killed, remained cool under fire and stuck close to Wyatt during the fight. Doc,Johnson, andMcMaster fired their weapons and sought cover.Warren Earp was away on an errand at the time.
Eighteen months prior, Wyatt Earp had protected Brocius against a mob ready to lynch him for killing Town Marshal Fred White, and then provided testimony that helped spare him from a murder conviction. Now Brocius fired at Earp with his shotgun from about 50 feet (15 m), but missed. Earp returned fire over his horse using a 22-inch, 10-gaugeshotgun. He killed Brocius with a load of buckshot to the stomach, nearly cutting him in half.[16] Brocius fell into the water at the edge of the spring.[17]
The Cowboys fired a number of shots at the Earp party, but the lawmen's fire was so intense that those Cowboys who could, left. Earp's long coat was punctured by bullets on both sides. Another bullet struck his boot heel and his saddle horn was hit, as well, burning the saddle hide and narrowly missing Wyatt. Firing his pistol, Earp shot Johnny Barnes in the chest and Milt Hicks in the arm. Vermillion tried to retrieve his rifle wedged in the scabbard under his fallen horse, exposing himself to the Cowboys' gunfire. Doc Holliday helped him gain cover. Earp had trouble remounting his horse due to acartridge belt that had slipped down his legs. He was finally able to get on his horse and retreat. McMaster was grazed by a bullet that cut through the straps of his field glasses.[14]
Earp biographer John Flood wrote that The Cowboys buried Brocius' body on the nearby ranch of Frank Patterson near the Babocomari River. This is close to the original McLaury ranch site about 5 miles (8 km) west ofFairbank (before the McLaurys moved to the Sulphur Springs Valley in late 1880). Brocius's grave site has never been identified.
Fred J. Dodge, an undercover operative forWells Fargo in Tombstone, asked Curly Bill's associates about his death. He wrote that he talked to "J. B. Ayers, a saloonkeeper of Charleston where the outlaws and rustlers headquartered, told me that the men who were in the fight told him that Wyatt Earp killed Curly Bill and that they took the body away that night and that they buried him on Patterson's ranch on theBabocomari."[18] The TombstoneNugget first put up a $1,000 reward for proof Curly Bill lived, andThe Tombstone Epitaph countered with a $2,000 reward. Neither was ever collected.[18] Brocius was not wanted by the law in Arizona and if he was not dead had no reason to disappear. He also was unlikely to return to Texas, where according to Wyatt Earp's recollection, he was probably still wanted for murder.[18]
Because of his nickname, "Curly Bill" Brocius has been confused with "Curly Bill" Graham, a different outlaw of the same geographical region and time period. Graham was killed in a gunfight by Deputy Sheriff James D. Houck on October 17, 1887, and buried inYoung, Arizona, and is not considered by historians to be the same Curly Bill of Charleston and Tombstone. Brocius' birth date, birth name, and birthplace are not known.[4]
In newspapers of the time, Brocius was known alternately as "Curly Bill" and "Curley Bill." His surname has also been spelled as "Brocious", although the former is the spelling used for his maildrop in Arizona Territory, according to one published letter of the time.[4]
Historical research into Brocius' death turned up two possible earlier identities. Denis McLoughlin inThe Encyclopedia of the Old West reports that Brocius was from Missouri and named William B. Graham.[11] He said Brocius rode for various Texas cow outfits and was known in Kansas.
While on the way to Tucson, Brocius asked Wyatt Earp to recommend an attorney. As reported inThe Tombstone Epitaph:[19]
The facts leaked out in this way: On the road to Tucson, Brocius asked Earp where he could get a good lawyer. Earp suggested that Hereford & Zabriskie were considered a good firm. Broscius said that he didn't want Zabriskie, as he had prosecuted him once in Texas.
Wyatt looked into the story about Brocius' time in Texas and learned that Brocius had been convicted of robbery in El Paso, Texas, during which a man had been killed. Zabriskie had prosecuted Brocius for the crime, and "he was tried and sentenced to the penitentiary, but managed to make his escape shortly after being incarcerated."[7][19]
TheEl Paso Daily Times speculated that he was the man whom Texas Ranger Thomas Mode shot in the right ear.[20]
Modern researchers have linked Brocius with a man known as William "Curly Bill" Bresnaham, who was convicted in a robbery attempt in Texas in 1878, along with another known cowboy of the Tombstone area named Robert Martin. The men were convicted and sentenced to five years in prison, but both escaped, presumably to the southwest Arizona Territory. Since both Robert Martin and Curly Bill became known as leaders of the rustlers in Arizona Territory, they are likely the same Robert Martin and Curly Bill of the Texas crime.[4]
According to historianRobert M. Utley, Robert Martin was a member of theJesse Evans gang of outlaws inNew Mexico during the mid- to late 1870s.Billy the Kid briefly joined this group before going to work forJohn Tunstall.[4] Evans's gang, a loose-knit consortium of desperadoes known as"The Boys", ended up fighting against the "Regulators" during theLincoln County War. Because of the time frame, the location, and his friendship with Martin, Curly Bill Brocius may have been a member of the Evans gang, as well.[4]