Battleground Gunfight
Encyclopedia
The Battleground Gunfight was a shootout
in 1901 between a posse
of American
lawmen and the Smith Gang
. It occurred on the Fort Apache Reservation
in Arizona
at a clearing in the forest known today as "Battle Ground". On October 8, nine Arizona Rangers
and deputies caught up with the cattle rustler Bill Smith and his gang who were encamped in a densely wooded area in the White Mountains
. During a long exchange of gunfire that followed, the ranger Carlos Tofolla and Deputy Bill Maxwell were killed and one or two of the outlaws were wounded. In the end the Smith Gang escaped the posse and fled into Mexico
.
Bill Smith owned a ranch on the Blue River where he lived with his mother and his younger brothers and sisters. The ranch house served as a base for rustling cattle from nearby ranchers such as Henry Barrett, a former Rough Rider. In 1898 the Smith brothers were arrested for stealing unbranded calves from Barrett and Bill Phelps. Bill Smith assumed full responsibility so he was sent to jail at St. Johns
. Because of this Bill was said to have developed a grudge against Henry Barrett. During the first week of October 1901, the Smith Gang was spotted at Pat Knoll, near Springerville
, heading south with a herd of fifteen or twenty stolen horses. Police informants said the gang was one their way from Utah
where they robbed a locomotive
. A few days later Bill and his brother Al came across Henry Barrett and another cowboy in the Big Cienega range. During the confrontation Bill threatened to kill Barrett so the latter informed the sheriff
of Apache County
, who organized a posse.
The posse was led by the sheriff's deputy, Hank Sharp, with Henry Barett and two other locals named Pete Peterson and Elijah Holgate. Meanwhile the Arizona Rangers Carlos Tofolla and Duane Hamblin were assigned to search for the Smith Gang. At Greer
the rangers and the posse met and they decided to work together in tracking and capturing the outlaws. So accordingly, the rangers deputized Barrett, Peterson and Holgate. The posse then followed the outlaws' trail on horseback to the Little Colorado River
and forded it at a place known as Sheep's Crossing. From there the posse went to the ranch of Lorenzo Crosby to enlist his services and that of the brothers Arch and William "Bill" Maxwell, both of whom were descibed as being excellent scouts. These three men were deputized as well, making the posse a force of nine men altogether. After that the posse continued along the trail south to Big Lake
and then to Dead Man's Crossing on the Black River
. On October 7, at a ranch belonging to Pete Slaughter, the posse found an abandoned camp that was believed to have been recently occupied by the outlaws. The rangers decided to camp at the same location for the night and then proceed down the west side of the river bank on the following morning.
reservation, in a canyon 200 yards wide and 100 feet deep, near the source of the Black River. Today the location is near the shoreline of Reservation Lake. The rangers and deputies were six miles south of where they had camped when the found the Smith Gang. The gang was in need of food so that afternoon they killed a bear and the shots were heard by the posse a half a mile away. Eventually the Maxwell brothers found the location of the bear shooting and blood trails in the snow led back to Bill Smith's camp. By then it was almost night. As the posse approached the canyon, the Smiths' guard dog began barking. This alerted Bill who went up to the canyon's rim to have a better look. There he saw the posse coming towards the camp so he ran back to tell the others.
Bill's gang included his brothers Al, George and Floyd, a brother in law named Adam Slagger, and two other unidentified men. Of the nine man posse, only Henry Barrett had any combat experience, having fought with Theodore Roosevelt
at the Battle of San Juan Hill
during the Spanish-American War
. At a place 300 yards away from camp, the posse dismounted their horses and tied them up to some trees in order to confront the outlaws on foot. The posse headed to the camp from the west which meant that the setting sun was in the east and the lawmen had to fire into the sunlight. The deep canyon was shadowed and it provided a good defensive position for the Smith Gang. When the posse reached the camp, Barrett and five others remained behind at a ridge for cover while Tofolla, Hamblin and Bill Maxwell continued foward into a clearing to demand the outlaws' surrender. After Bill Maxwell called out the demand, Bill Smith replied; "All right, which way do you want us to come out?" To which Maxwell responded; "Come right out this way." About this time, Barrett, who could see what was going on from the ridge, yelled out for Tofolla and the two others to lie down for cover but only Hamblin took the advice.
A moment later Bill Smith appeared with a Savage Model 1895
.30 caliber rifle concealed behind his back. Then suddenly Bill revealed his weapon and opened fire. Bill Maxwell was hit first, in the forehead, and died instantly, then Tofolla was shot twice through the torso and fell to the ground. Tofolla then pulled out his revolver and returned the fire which was followed by the others on both sides. The skirmish lasted for at least a couple of hours and it was already dark when it ended. During the fighting, Ranger Hamblin maneuvered around the canyon where the outlaws were firing from to drive off their horses. So that night, when the Smith Gang chose to make their escape, they had to climb out of the canyon on foot which they succeeded in doing. The posse captured the gang's camp but they did not pursue the criminals any further due to the wounded Tofolla who was in need of a doctor.
, twenty miles away, to summon a doctor named Rudd and spread the news of the fight. The remainder of the posse stayed at the camp with Tofolla and the body of Bill Maxwell. Unfortunately Tofolla would die before the doctor could arrive and before passing he gave Henry Barrett a silver dollar, saying; "Give this to my wife. It, and the month’s wages coming to me will be all she will ever have." The outlaws made their way out of the canyon and into what is now Bear Wallow Wilderness
. On the next evening, they arrived at a cow camp on Beaver Creek. The cowboys there were held hostage and ordered to prepare food for the gang. Bill Smith recognized one of the hostages, Marion Lee, who made dinner for the gang and informed the gang that they had killed Bill Maxwell. Bill Smith did not realize that one of the men he had shot at was his friend, Bill Maxwell, so he told Lee; "When he stood up that way we thought he was Barrett. Barrett was the man we wanted. We feel mighty sorry over killing Will Maxwell [Bill Maxwell], he was a good friend of ours. Tell his mother for us that were very sorry we killed him."
After taking a few horses the gang headed into the Blue River Wilderness, avoiding their base, for the ranch of Hugh McKean where they hoped to trade horses. When McKean refused to deal with the gang he was held and gunpoint and robbed of his horses, food and weapons. The Smith Gang then went west and crossed the Arizona border with New Mexico
before heading south into Texas and across the Rio Grande
into Mexico. When the captain of the Arizona Rangers, Burton C. Mossman, was informed of the fight, he sent three of his men after the outlaws and the United States Army
dispatched the famous Apache Scouts
Chicken and Josh. The scouts tracked the gang across New Mexico before losing the trail at the banks of the Rio Grande. Ultimately the posse failed to capture the outlaws and bring them to justice but they were successful in running the Smith Gang out of Arizona Territory. Tofolla and Maxwell were killed as result of the gunfight and one or two of the outlaws were wounded by Barrett, who was armed with a captured Spanish
Mauser
rifle which could shoot right through the trees the gang members were hiding behind.
The body of Tofolla was laid to rest at St. Johns and Bill Maxwell was buried in his family's cemetery at Nutrioso. Maxwell's hat was left behind at the scene because the men of the posse thought it would be bad luck to touch it. For years afterwards, cowboys claimed they had seen the hat while working in the area.
Shootout
A shootout is a gun battle between armed groups. A shootout often, but not necessarily, pits law enforcement against criminal elements; it could also involve two groups outside of law enforcement, such as rival gangs. A shootout in a military context A shootout is a gun battle between armed groups....
in 1901 between a posse
Posse comitatus (common law)
Posse comitatus or sheriff's posse is the common-law or statute law authority of a county sheriff or other law officer to conscript any able-bodied males to assist him in keeping the peace or to pursue and arrest a felon, similar to the concept of the "hue and cry"...
of American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawmen and the Smith Gang
Smith Gang
The Smith Gang was a band of American cattle rustlers who operated in the Southwest during the late 1890s to 1901. The gang was founded by Bill Smith and included six others, mainly Bill's family members...
. It occurred on the Fort Apache Reservation
Fort Apache Indian Reservation
The Fort Apache Indian Reservation is an Indian reservation in Arizona, United States, encompassing parts of Navajo, Gila, and Apache counties. It is home to the federally recognized White Mountain Apache Tribe of the Fort Apache Reservation, a Western Apache tribe. It has a land area of 2,627.608...
in Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
at a clearing in the forest known today as "Battle Ground". On October 8, nine Arizona Rangers
Arizona Rangers
The Arizona Rangers is an Arizona law enforcement agency modeled on the Texas Rangers. The Arizona Rangers were created by the Arizona Territorial Legislature in 1901, disbanded in 1909, and subsequently reformed in 1957. They were created to deal with the infestations of outlaws in the sparsely...
and deputies caught up with the cattle rustler Bill Smith and his gang who were encamped in a densely wooded area in the White Mountains
White Mountains (Arizona)
The White Mountains of Arizona are a mountain range and mountainous region in the eastern part of the state, near the border with New Mexico; it is a continuation from the west of the Arizona transition zone–Mogollon Rim, with the Rim ending in western New Mexico...
. During a long exchange of gunfire that followed, the ranger Carlos Tofolla and Deputy Bill Maxwell were killed and one or two of the outlaws were wounded. In the end the Smith Gang escaped the posse and fled into Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
.
Background
The Arizona Rangers was established in 1901 and the Battleground Gunfight became the first major shootout to involve the new police force. The Smith Gang was one of the first targets for the rangers. In northeastern Graham CountyGraham County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*72.1% White*1.8% Black*14.4% Native American*0.5% Asian*0.1% Native Hawaiian or Pacific Islander*2.8% Two or more races*8.3% Other races*30.4% Hispanic or Latino -2000:...
Bill Smith owned a ranch on the Blue River where he lived with his mother and his younger brothers and sisters. The ranch house served as a base for rustling cattle from nearby ranchers such as Henry Barrett, a former Rough Rider. In 1898 the Smith brothers were arrested for stealing unbranded calves from Barrett and Bill Phelps. Bill Smith assumed full responsibility so he was sent to jail at St. Johns
St. Johns, Arizona
St. Johns is the county seat of Apache County, Arizona, United States. It is located along U.S. Route 180, mostly west of where that highway intersects with U.S. Route 191. According to 2006 Census Bureau estimates, the population of the city was 3,538....
. Because of this Bill was said to have developed a grudge against Henry Barrett. During the first week of October 1901, the Smith Gang was spotted at Pat Knoll, near Springerville
Springerville, Arizona
Springerville is a town in Apache County, Arizona, United States within the White Mountains. Its postal ZIP code is 85938. According to 2006 Census Bureau estimates, the population of the town is 1,956.Springerville sits at an elevation of 6,974 feet...
, heading south with a herd of fifteen or twenty stolen horses. Police informants said the gang was one their way from Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
where they robbed a locomotive
Locomotive
A locomotive is a railway vehicle that provides the motive power for a train. The word originates from the Latin loco – "from a place", ablative of locus, "place" + Medieval Latin motivus, "causing motion", and is a shortened form of the term locomotive engine, first used in the early 19th...
. A few days later Bill and his brother Al came across Henry Barrett and another cowboy in the Big Cienega range. During the confrontation Bill threatened to kill Barrett so the latter informed the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
of Apache County
Apache County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*23.3% White*0.2% Black*72.9% Native American*0.3% Asian*0.0% Native Hawaiian or Pacific Islander*2.0% Two or more races*1.3% Other races*5.8% Hispanic or Latino -2000:...
, who organized a posse.
The posse was led by the sheriff's deputy, Hank Sharp, with Henry Barett and two other locals named Pete Peterson and Elijah Holgate. Meanwhile the Arizona Rangers Carlos Tofolla and Duane Hamblin were assigned to search for the Smith Gang. At Greer
Greer, Arizona
Greer is an unincorporated community in Apache County, Arizona, United States. It lies at an elevation of approximately 8,500 feet in the White Mountains of Arizona, and is surrounded by the Apache-Sitgreaves National Forest. Greer was founded around 1879 by Mormon settlers from Utah...
the rangers and the posse met and they decided to work together in tracking and capturing the outlaws. So accordingly, the rangers deputized Barrett, Peterson and Holgate. The posse then followed the outlaws' trail on horseback to the Little Colorado River
Little Colorado River
The Little Colorado River is a river in the U.S. state of Arizona, providing the principal drainage from the Painted Desert region. Together with its major tributary, the Puerco River, it drains an area of about in eastern Arizona and western New Mexico...
and forded it at a place known as Sheep's Crossing. From there the posse went to the ranch of Lorenzo Crosby to enlist his services and that of the brothers Arch and William "Bill" Maxwell, both of whom were descibed as being excellent scouts. These three men were deputized as well, making the posse a force of nine men altogether. After that the posse continued along the trail south to Big Lake
Big Lake (Arizona)
Big Lake is considered one of the White Mountains' best fishing lakes, because of its size, productivity and visitor amenities. As with most trout waters in Arizona, catch rates are best in spring, during late April and May after the winter ice thaws, and gets better later in the summer and into...
and then to Dead Man's Crossing on the Black River
Black River (Arizona)
The Black River is a river in the White Mountains of Arizona, USA, to the west of Alpine. Along with the Whiteriver, it forms the Salt River, a major tributary of the Gila River.It was named by James Ohio Pattie in 1826 as he explored the area....
. On October 7, at a ranch belonging to Pete Slaughter, the posse found an abandoned camp that was believed to have been recently occupied by the outlaws. The rangers decided to camp at the same location for the night and then proceed down the west side of the river bank on the following morning.
Gunfight
On the morning of Tuesday, October 8, the posse awoke, had breakfeast, and then saddled to continue southwest along the Black River in their pursuit of the Smith Gang. Along the way they passed the Pair-O'Dice Ranch on Milk Creek. The area is heavily forested and difficult to traverse, it was also very cold and snow covered the ground. That day the Smith Gang was camped at Reservation Creek, just inside the western border of the Fort ApacheFort Apache
-Places:* Fort Apache, Arizona* Fort Apache Indian Reservation, the White Mountain Apache tribe's reservation and former US Army cavalry post near Whiteriver, Arizona* Fuerte Apache, a housing project outside Buenos Aires, Argentina.-Military:...
reservation, in a canyon 200 yards wide and 100 feet deep, near the source of the Black River. Today the location is near the shoreline of Reservation Lake. The rangers and deputies were six miles south of where they had camped when the found the Smith Gang. The gang was in need of food so that afternoon they killed a bear and the shots were heard by the posse a half a mile away. Eventually the Maxwell brothers found the location of the bear shooting and blood trails in the snow led back to Bill Smith's camp. By then it was almost night. As the posse approached the canyon, the Smiths' guard dog began barking. This alerted Bill who went up to the canyon's rim to have a better look. There he saw the posse coming towards the camp so he ran back to tell the others.
Bill's gang included his brothers Al, George and Floyd, a brother in law named Adam Slagger, and two other unidentified men. Of the nine man posse, only Henry Barrett had any combat experience, having fought with Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...
at the Battle of San Juan Hill
Battle of San Juan Hill
The Battle of San Juan Hill , also known as the battle for the San Juan Heights, was a decisive battle of the Spanish-American War. The San Juan heights was a north-south running elevation about two kilometers east of Santiago de Cuba. The names San Juan Hill and Kettle Hill were names given by the...
during the Spanish-American War
Spanish-American War
The Spanish–American War was a conflict in 1898 between Spain and the United States, effectively the result of American intervention in the ongoing Cuban War of Independence...
. At a place 300 yards away from camp, the posse dismounted their horses and tied them up to some trees in order to confront the outlaws on foot. The posse headed to the camp from the west which meant that the setting sun was in the east and the lawmen had to fire into the sunlight. The deep canyon was shadowed and it provided a good defensive position for the Smith Gang. When the posse reached the camp, Barrett and five others remained behind at a ridge for cover while Tofolla, Hamblin and Bill Maxwell continued foward into a clearing to demand the outlaws' surrender. After Bill Maxwell called out the demand, Bill Smith replied; "All right, which way do you want us to come out?" To which Maxwell responded; "Come right out this way." About this time, Barrett, who could see what was going on from the ridge, yelled out for Tofolla and the two others to lie down for cover but only Hamblin took the advice.
A moment later Bill Smith appeared with a Savage Model 1895
.303 Savage
The .303 Savage is a rimmed, .30 caliber rifle cartridge developed by the Savage Arms Company in 1894 which was designed as a short action cartridge for their popular Savage Model 99 hammerless lever action rifle. The cartridge was designed for smokeless gunpowder at a time when black-powder...
.30 caliber rifle concealed behind his back. Then suddenly Bill revealed his weapon and opened fire. Bill Maxwell was hit first, in the forehead, and died instantly, then Tofolla was shot twice through the torso and fell to the ground. Tofolla then pulled out his revolver and returned the fire which was followed by the others on both sides. The skirmish lasted for at least a couple of hours and it was already dark when it ended. During the fighting, Ranger Hamblin maneuvered around the canyon where the outlaws were firing from to drive off their horses. So that night, when the Smith Gang chose to make their escape, they had to climb out of the canyon on foot which they succeeded in doing. The posse captured the gang's camp but they did not pursue the criminals any further due to the wounded Tofolla who was in need of a doctor.
Aftermath
After the Smith Gang made their escape, Hank Sharp and Arch Maxwell left the scene for NutriosoNutrioso, Arizona
Nutrioso is an unincorporated community in Apache County, Arizona, United States. Nutrioso is located on U.S. Route 180 and U.S. Route 191 south-southeast of Eagar. Nutrioso has a post office with ZIP code 85932....
, twenty miles away, to summon a doctor named Rudd and spread the news of the fight. The remainder of the posse stayed at the camp with Tofolla and the body of Bill Maxwell. Unfortunately Tofolla would die before the doctor could arrive and before passing he gave Henry Barrett a silver dollar, saying; "Give this to my wife. It, and the month’s wages coming to me will be all she will ever have." The outlaws made their way out of the canyon and into what is now Bear Wallow Wilderness
Bear Wallow Wilderness
The Bear Wallow Wilderness is an 11,080 acre wilderness area in eastern Arizona, United States. The wilderness is managed by the U.S. Forest Service.-See also:*Wilderness*Wilderness Act*List of U.S. Wilderness Areas...
. On the next evening, they arrived at a cow camp on Beaver Creek. The cowboys there were held hostage and ordered to prepare food for the gang. Bill Smith recognized one of the hostages, Marion Lee, who made dinner for the gang and informed the gang that they had killed Bill Maxwell. Bill Smith did not realize that one of the men he had shot at was his friend, Bill Maxwell, so he told Lee; "When he stood up that way we thought he was Barrett. Barrett was the man we wanted. We feel mighty sorry over killing Will Maxwell [Bill Maxwell], he was a good friend of ours. Tell his mother for us that were very sorry we killed him."
After taking a few horses the gang headed into the Blue River Wilderness, avoiding their base, for the ranch of Hugh McKean where they hoped to trade horses. When McKean refused to deal with the gang he was held and gunpoint and robbed of his horses, food and weapons. The Smith Gang then went west and crossed the Arizona border with New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
before heading south into Texas and across the Rio Grande
Rio Grande
The Rio Grande is a river that flows from southwestern Colorado in the United States to the Gulf of Mexico. Along the way it forms part of the Mexico – United States border. Its length varies as its course changes...
into Mexico. When the captain of the Arizona Rangers, Burton C. Mossman, was informed of the fight, he sent three of his men after the outlaws and the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
dispatched the famous Apache Scouts
Apache scouts
The Apache Scouts were part of the United States Army Indian Scouts, most of their service was during the Apache Wars up to 1886 though the last scout retired in 1947. The Apache scouts were the eyes and ears of the United States military and sometimes the cultural translators for the various...
Chicken and Josh. The scouts tracked the gang across New Mexico before losing the trail at the banks of the Rio Grande. Ultimately the posse failed to capture the outlaws and bring them to justice but they were successful in running the Smith Gang out of Arizona Territory. Tofolla and Maxwell were killed as result of the gunfight and one or two of the outlaws were wounded by Barrett, who was armed with a captured Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
Mauser
Mauser
Mauser was a German arms manufacturer of a line of bolt-action rifles and pistols from the 1870s to 1995. Mauser designs were built for the German armed forces...
rifle which could shoot right through the trees the gang members were hiding behind.
The body of Tofolla was laid to rest at St. Johns and Bill Maxwell was buried in his family's cemetery at Nutrioso. Maxwell's hat was left behind at the scene because the men of the posse thought it would be bad luck to touch it. For years afterwards, cowboys claimed they had seen the hat while working in the area.