William Brocius

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.[5]^: 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 a lynching, 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.

Wyatt told his biographer John 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.[7] Despite being responsible for the deaths of several other men during his life, Brocius had apparently personally liked White and maintained that his death had been an accident.[8]

On March 8, 1881, Brocius and his friend Johnny Ringo rode to Maxey, near Camp Thomas, Arizona. Cowboy Dick Lloyd got drunk while playing poker in O'Neil and Franklin's saloon. 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.[9]^: 472

On May 25, 1881, Brocius was drinking heavily in Galeyville with his friend of several months and Lincoln County War veteran Jim Wallace and eight or nine other cowboys. Wallace insulted Brocius' friend and ally, Tombstone Deputy Marshal Billy 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.[2]

Deputy Breakenridge arrested Wallace, but the court ruled he acted in self-defense.[2]

In July 1881, Bill Leonard and Harry Head attempted to rob William and Isaac Haslett's general store in Hachita, 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.[10][11] 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 in Sulphur 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.[12] For this reason, many historians doubt that Brocius took part in killing William and Isaac Haslett.[12]

In July, some reports say that Brocius ambushed a Mexican trail herd in the Skeleton Canyon Massacre. Six vaqueros were killed and the remainder captured, then possibly tortured and murdered.[10] Curly Bill reportedly sold the stolen Mexican beef to Newman 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 the Guadalupe 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.[2]

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.[12]

Following the Gunfight 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 the Chiricahua Mountains. Brocius returned to Tombstone on March 17.[10] He was named by Pete Spence's wife Marietta Duarte as a participant in the assassination of Morgan Earp. Justice of the Peace Wells Spicer disallowed her testimony because it was hearsay 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 Cowboy Frank Stilwell in Tucson on March 20, 1882, while guarding his brother Virgil en route to California.

According to Wyatt Earp — and an anonymous report to The 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 had hit his saddle horn instead.[14] Texas Jack Vermillion, whose horse was killed, remained cool under fire and stuck close to Wyatt during the fight. Doc, Johnson, and McMaster 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-gauge shotgun. He killed Brocius with a load of buckshot to the stomach, nearly cutting him in half.[15] Brocius fell into the water at the edge of the spring.[16]

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 a cartridge 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.[13]

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 of Fairbank (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 for Wells 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 the Babocomari."[17] The Tombstone Nugget first put up a $1,000 reward for proof Curly Bill lived, and The Tombstone Epitaph countered with a $2,000 reward. Neither was ever collected.[17] 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.[17]

Historical research into Brocius' death turned up two possible earlier identities. Denis McLoughlin in The Encyclopedia of the Old West reports that Brocius was from Missouri and named William B. Graham.[10] 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 in The Tombstone Epitaph:[18]

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."[6][18]

The El Paso Daily Times speculated that he was the man whom Texas Ranger Thomas Mode shot in the right ear.[19]

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.[3]

According to historian Robert M. Utley, Robert Martin was a member of the Jesse Evans gang of outlaws in New Mexico during the mid- to late 1870s. Billy the Kid briefly joined this group before going to work for John Tunstall.[3] Evans's gang, a loose-knit consortium of desperadoes known as "The Boys", ended up fighting against the "Regulators" during the Lincoln 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.[3]