The hard put and angry band head into the Dragoon mountain of Arizona in search of another on their death list, Pete Spence. However, Spence saw the handwriting on the wall after the death of Morgan Earp and hauled his ass to johnny Behan's jail in Tombstone. Smart move.
On the morning of March 22, the grim riders rode up to the South Pass home of Pete Spence. Evidently there was a brief conversation with a man in Spanish who was present but then the riders spotted Florentino Cruz, "Indian Charlie". They went straight for him. Anti-Earp writers tell the story that he was spotted sleeping and the men crept up to him and pumped him full of lead. I doubt it. I suspect that the accepted version is true. That being that Cruz spotted them riding toward him and ran. The men rode him down and shot him in a hail of bullets. Then Wyatt slid from his saddle walked over and put one in his brain pan. The end.
Here is included the Coroner's report on Florentino Cruz, among some other tidbits from "The Tombstone News" article by Ben T. Traywick:
"I know whose the body is which is now at the undertaking rooms of Ritter, the undertaker, and that was as I understand inspected by the Coroner’s jury now present -I know him only as Florentine - ##M(READMORE)##last Wednesday we were all camped together, this Florentine, Sam Williams, and Ramon Acosta - two other Mexicans were camped in the Immediate neighborhood. Do not know their names about 11 or 12 o’clock Williams set out on horseback to hunt some animals that we had lost, and inside of an hour Florentine set out for the same purpose. He had not been gone more than half an hour - I was lying in the shade when I happened to look up, when I saw Wyatt Earp coming over the hill on horseback, and right behind him were several others riding in couples - six all together. Their names were Wyatt and Warren Earp, McMasters, Doc Holliday, Texas Jack, another party I do not know - I heard his name was Johnson - a large heavy set man -they came down to the camp of the two Mexican’s fire - I heard them ask where does this road go to - heard no answer to this question - they stood talking among themselves - they had not seen me until I called to them, and asked them if they had seen any mules this morning, and was answered by McMasters - He said he had seen some nearby and riding up to Wyatt Earp and spoke, the whole party immediately wheeled around and came in where I was - Wyatt Earp saw me, and asked me where Peter Spencer was - I told him I had left Spencer in town. He then asked me when I had left town - I said yesterday about 9 o’clock A.M. • As to the subsequent conversation I cannot recall it. He also I recollect asked after Hank, a half breed - I told him he was not there - he then asked me how many men we had out there. I told him exactly how many there were and what they were doing, and mentioned that there were two out in the hills hunting animals - He asked me what my name was, and a few more questions. One was when Spencer would be out to the camp again - He also made the remark, you are a friend of Pete Spence I believe, and Frank Stilwells too. I answered yes. He then turned and spoke to someone in his crowd, and asked them if they had seen any horses down there with saddles on - nothing more was said to me, and they went off passed out of my sight towards the main road leading towards Tombstone -1 got up and went to the fire and was there but a few seconds - I spoke to Ramon Acosta and told him to come with me, and started up the hill to see if I could get sight of the Earps - Had not gone 20 feet before I heard shooting -1 turned to look to see if I could see where it came from, but could not see - I worked up the hill farther and saw the Earp party on top of a hill the other side of the road and I stood there watching them. They got off their horses on the hill and were there two or three minutes, they came down the hill again very leisurely onto the road and turned back towards my camp. They came a little ways and turned around again and went along the road until it makes a sharp turn, kept right on in the same direction easterly and disappeared in the hills. I and the Mexican then went back to the camp and worked there until evening taking one wagon up on top of the hill we left it there and went to where I thought the shooting had occurred. Ramon the Mexican maintained that Florentine had been killed.
We hunted around in the gulches and among the hills quite a while found nothing but the tracks of one horse and a man leading it. The tracks lead us to the road on the hill that goes up to the summit of the hill on which / had seen the Earp party. There we lost track of it amongst all the other trails. We then both went back to camp and stayed there all night.
Next morning I got my own team up to the top of the hill and decided to go and hunt that man again. I this time went clear up on the top of the hill to the spot where I saw the Earp party and looking around I discovered the body of Florentine. I stood there looking at him awhile and picked up his hat and went off. I went and unhitched my mules leaving the hat there at the wagon took one of the mules down to camp to get a saddle. On my way down I told Ramon of finding the body. I then proceeded into town here, for getting the hat. The body was lying at the same place where I saw the Earp party first after hearing the shooting. I had seen no other party or parties in the neighborhood during the day of the shooting. My camp is in the South Pass of the Dragoon Mountains. I accompanied that man who went out for the body under directions of the coroner. I did not see Williams again after he went out to the horses until I saw him again in town. He always went armed. I knew of no difficulty between Williams and Florentine. It was about 150 yards from the body of Florentine where I first struck the trail of the horse. I heard 10 or 12 shots. I worked about 3 hours and a half after the shooting before I began to search for the body. Mexican camp was about 50 yards from mine. Williams was armed and mounted when he left the camp and was armed with a 45 caliber pistol. The Mexicans went in the same direction that Williams went to look for the horses and I did not see Williams again. I think the Mexican (Florentine) was in town last Saturday night, and that Williams was not. Myself and two Mexicans were in camp when this party came there. Florentine and Williams were not. I am a very particular friend of Pete Spencers. Williams told me after I saw him in town that the reason he did not return to our camp was that he had heard the shooting and thinking it was done by Indians did not consider it safe to return and came in town. I know Ike, Phin Clanton and John Ringo saw neither of them out there that day. Ramon Acosta and myself were together all the time after this Earp party were in our camp - neither of us were in a position to see the shooting. The shots were one after the other in rapid succession - except the last which seemed to be held for 8, 9, or 10 seconds. Williams had been in our camp 3 weeks. Know that he was afraid of Indians - Know him as friend of Pete Spence and have heard that he was his brother. Heard no other shots that day than those I have referred to.
(Signed) T. D. Judah.
___?___ (Ramon) Acosta sworn says that he lives in Tombstone A. T. by occupation a laborer - on Wednesday last was out in the mountains in Pete Spence’s camp - the man that was killed was in the same camp working with us - at about 12 o’clock he went out to hunt some mules that were lost - Just after he left 8 men arrived on horseback - out of the 8 men he knew two of them but not by name. Could recognize them if he saw them, one had a red mustache, the other a black, had seen them in town. When they arrived they asked me whose camp this was, they asked in Spanish. He said it was Peter Spence’s camp. They talked among themselves, but as it was in English I could not understand except that I heard the name of Spence. They then left camp - Florentine was about 200 or 300 yards from where he was when he saw this party commence firing. When he immediately ran up the hill they were firing at Florentine. Did not see Florentine fall - but saw him going up the hill while they were firing and were following after. They stayed on top of the hill a little’ while got down off their horses, walked around a little while then mounted and rode off. I know nothing farther - I started to hunt for Florentine, but did not go far as I was afraid and returned to camp - am certain there were 8 men in the party - was not with Judah when he found the body - Judah was with me when I started out to hunt for Florentine the day of the shooting, but soon turned back. I was together with Judah when the shooting took place. I know where they first found Florentine’s body. I was down in the canyon and the other parties were up on the side of the hill when the shooting took place. Judah was with me at the time of the shooting. The party who did the firing were on horseback in pursuit of the man Florentine. The firing could be seen from our camp. The party who did the shooting were out of my sight one time until I ascended the hill. When I saw Florentine he was immediately in front of the parties who shot him.
(his mark)
__?__(Ramon) X
Acosta
Epiniania Vegas, sworn, says he resides in Tombstone A. T.
Last Wednesday was out in the (A) Pass of the mountains - Don’t know the name of the pass in the Dragoons. I was on top of a little hill cutting wood -I heard a shot looked around and saw some men firing. There were 8 men doing the firing. I saw this man that was shot running and jumping from side to side. I saw him fall. They were about from 1000 to 2000 yards from me. After finishing the shooting they passed close to me on the main road -They saw me did not speak to me -I know the man that was shot. His name was Florentine. I do not know any of the party that did the shooting. I know Mr. Judah, at the time of the shooting Mr. Judah was in the canyon while 1 was on the hill. The party were Americans that did the firing - I heard 10 shots.
(his mark)
Epiniania X Vegas
Dr. Goodfellow, who examined the body of Florentine, the Mexican killed near Spence’s (sic) camp last Wednesday, testified as follows:
“I am a resident of Tombstone; am a practicing physician and surgeon. 1 examined the body of the Mexican named Florentine at the undertaking rooms of A. J. Hitter and found four wounds on the body. I commenced the examination at his head and followed down. The first shot entered at the right temple, penetrating the brain; the second produced a slight flesh wound in the right shoulder; the third in the right shoulder, the third entered on the right side of the body near the liver and made its exit to the right of the spine, about five or six inches to the right. The fourth struck in the left thigh and made it’s exit about seven or eight inches above the point of entry. In my opinion two of the wounds, those in the head and right side, were sufficient to cause death. The wound in the thigh was probably produced when he was lying on the ground after the wounds in the upper part of the body had been received. In my opinion the wound in the thigh was received after he was dead. 1 formed that opinion from the absence of blood around the wound "The Daily Nugget, March 25, 1882.
The report in the newspaper is more detailed than the jury’s report. However, where the paper says the third wound was near the liver, the handwritten on-the-scene coroner’s jury report says “region of the loin.”
The half-breed Hank that Wyatt asked about was Hank Swilling.
Judah identified the six men who rode up to question him. Two other witnesses swear that there were eight men in the posse. There is no reason to suspect that they lied. The extra two were the ones who had been sent ahead to set up camp and then rejoined the posse between the time they talked to Judah and Florentino was shot.
The verdict of the coroner’s jury was:
“We, the undersigned, a jury impaneled by the Coroner of Cochise County, Territory of Arizona to inquire whose body is that submitted to our inspection, when, whom, and by what means he came to his death, after viewing the body and hearing such testimony as has been brought before us, know that his name was Florentine Cruz, and that he came to his death from the effects of gunshot wounds inflicted by Wyatt Earp, Warren Earp, J. H. Holliday, Sherman McMasters, Texas Jack (Vermillion), (Turkey Creek Jack) Johnson, and two men whose names are unknown to the jury. (The latter two were Charlie Smith and Dan Tipton).
P.J.S.Tully
M. Gray
S.M. Barrow
John Kingsman
John M. Lee
A.C. Billicke
Webster Colby
C.H. Brickwedel
Chas. B. Noe
T.J. Blackwood
M.H. Smith
J.R. Adams
Final Repose:
Two down. . .
From Brady:
"After the killing, the posse rode out of the area, and on March 23, [posse members] Smith and Tipton separated from the others to obtain information in Tombstone. The two men immediately ran into trouble. Sheriff Behan liked the odds this time and arrested both of them for "resisting arrest and conspiracy." The men were immediately bailed, and Smith left town to rendezvous with the posse while Tipton remained in Tombstone. Smith met with Earp and then was sent back to town to obtain $1,000 in expense money for the posse. Wyatt and his men were to meet Smith later in the Whetstone Mountains, at a watering hole known as Iron Springs."
Stay tuned. . .
The gun battle at Iron Springs is next.