1888 Gun Fight in Lincoln County
Penasco, New Mexico
Submitted by Mike Green
Format by C. W. Barnum
Return to Lincoln County
William Milton Owens:
William Milton Owens was born April 17, 1857 in Uvalde, Uvalde County, Texas.
His father, Robert Jackson Owens was the eldest son of W. S. B. Owens, one of
the earliest settlers of Uvalde County. William Milton Owens married Sarah A.
Freer on February 15, 1879 and they had two children, Laura E. J. Owens, born in
1882 and William J. Owens, born in 1885. In about 1887, William Milton Owens and
his family left Texas to homestead land in Lincoln County, New Mexico. They were
accompanied by his sister, Mary Jane Owens and her family (Mary Jane was married
to James Alexander Green). On May 31, 1888, William Milton Owens and James
Alexander Green got into an argument with two brothers named Mackey over a debt
of 50 cents. Guns were drawn and in the ensuing battle, William Milton Owens was
killed. His brother-in-law, James Alexander Green was wounded and died on June
2, 1888. The Mackey brothers were indicted for murder and tried but were both
found not guilty.
James Alexander Green:
He was born in Robertson County, Texas (possibly Tarrant County) in about 1866.
In about 1867, his father, Peter Gatewood Green, moved the family to Tarrant
County, Texas. A sister of James, Mary Francis, was born in 1868 and a brother,
William W. was born in 1871.
In 1873, the family moved to Uvalde County, Texas. Another brother, Stephen S.
Green, was born in 1874. James probably met his future wife, Mary Jane Owens,
during this time since she was from Uvalde County and her grandfather, W. S. B.
Owens, was one of the earliest settlers in that county.
Sometime before 1879, James' father moved the family to Comanche County and
another sister of James'. Ella May, was born there in 1879. The family was
listed there in the 1880 census and James was listed as "Works on Farm" while
his father was listed as "Farmer".
In 1884, the family moved to San Angelo, Tom Green County, Texas. It is not
clear how long they were there before James left to marry Mary Jane Owens in
Junction, Kimble County, Texas on September 16, 1884. There may have been other
Greens in Kimble County since there is an 1884 tax roll listing for S. H. Green
(possibly James' uncle, Samuel H. Green).
In 1885, the Kimble County tax rolls list J. A. Green as having 3 horses and
mules value $60 and 20 cattle value $180. S. H. Green is also listed on the 1885
tax rolls. James' brother-in-law, William Milton Owens, is listed on the Kimble
County tax rolls from 1881 to 1886. James' mother-in-law, Priscilla Ellen
Gossett, also lived in Kimble County. Priscilla Ellen was remarried to a man
named Sykes. Also, in 1885, James and Mary Jane had their first child, Mary
Alexander Green.
In about 1887, James and his family left Kimble County for Lincoln County, New
Mexico to homestead land. They were accompanied by William Milton Owens and his
family.
On February 23, 1888, James' second child, Wayne Elmer Green was born in Lincoln
County.
On May 31, 1888, James Green and Milton Owens got into a quarrel with two
brothers, John and Milburn Mackey. There are two versions of the cause of the
quarrel. The Santa Fe New Mexican in its June 13, 1888 edition states that Green
and Owens claimed that the Mackey’s owed them 50 cents. The White Oaks
Interpreter in its September 14, 1888 edition states that the parties had
quarreled a few days before, and, when it was renewed, the Mackey’s claimed that
Green and Owens owed them 50 cents. Regardless, a scuffle ensued and Milburn
Mackey rode his horse to a nearby house to get a Winchester rifle. He shot both
Green and Owens who rode their horses a short distance, then fell to the ground.
Owens died quickly but Green lived until June 2, 1888. Both Mackey’s were
wounded but both survived. A large number of people witnessed the shooting,
including the wives and children of Green and Owens. The Mackey’s were indicted
and tried for murder. Both were found not guilty.
James' wife Mary Jane returned to Uvalde County, Texas and was remarried in
about 1892 to Harry Singer. They had two more children, Harry Singer, Junior and
Priscilla Agnes Singer.
Article from “The Daily New Mexican” Published Wednesday, June 13, 1888 in Santa Fe, New Mexico
Hon. Jones Talliaferro, county clerk of Lincoln, and Mr. G. R. Young,
a well known White Oaks business man, now visiting Santa Fe, relate the
particulars of a terrible tragedy which occurred below Penasco a few days ago.
The parties involved are from
[The story above is based on hearsay and is incorrect in the last statement as the Mackeys were indicted in August, 1888 and their trial and acquittal was in September, 1888.]
Excerpt from Appearance Bond of Milburen Mackey; Territory of New Mexico, County of Lincoln; June 13, 1888
…the above bounden principal stands charged with having on the 31 day
of (May) A. D. 1888, at the
Excerpts from warrants for Arrest of Both Mackeys; District Court, Lincoln County; August 31, 1888
To the sheriff of Lincoln County, Greeting, You are hereby commanded
to arrest and take the body of John Mackey (Milburn Mackey) and him safely keep
so that you have his body forthwith before the District Court within and for the
County of Lincoln at the term now being held at the Court House in said County,
then and there to answer unto an indictment for murder.
Article from the “New Mexico Interpreter” Published September 14, 1888 in White Oaks, New Mexico.
COURT PROCEEDINGS
At the close of the famous Solitaire vs. Homestake case on Wednesday the 5th,
the jury was called to try the case of the Territory vs. John and Melborn
Mackey. District Attorney Ashenfelter and Col. Fountain, having left for
Among the witnesses were the widows and children of the said Green and Owens,
who attracted the attention of all and elicited the sympathy of the members of
the court. From the testimony brought forth, it appears that a few days previous
to the shooting, the defendants and the deceased had had a quarrel over and
account existing between them that the morning on which the shooting occurred,
Owen and Green met the Mackeys as before stated, near the residence of Mr.
Neatherlin, and where the quarrel was renewed, Mackeys claiming a balance due
them of 50 cents; the lie was passed and a scuffle ensued. The deceased were
well armed, but the Mackeys were not. Melborn Mackey rode to the house of Mr.
Neatherlin, about 170 yards, procured a Winchester rifle and on his return, when
within a few yards of the parties, opened fire, hitting Owens in the breast,
then in the arm. He then shot Green in the breast. Owens, just at the time he
was shot turned and shot at John Mackey who was standing behind his horse, the
ball striking him in the eye. The firing then ceased. Owens and Green rode a few
yards and fell from their horses. They were carried to Mr. Neatherlin’s where
Owens expired in a few moments. Green lived until the 3rd of June.
The case was given to the jury at 10 p. m. on Thursday. Friday
afternoon the jury rendered a verdict of not guilty in the case of Green. There
is an indictment against them for the killing of Owens. The case was continued
until next term of court. John Mackey gave bond of $500 and Melborn Mackey
$3,000, for their appearance at next term of court. (end)
The location of the above event is probably in present-day Chaves
County,
Dwelling 118 – Milburn Mackey, 26, WM, Head, Single, Ranchman
Dwelling 119 – Jno Mackey, 39, WM, Head, Married, Ranchman
Dwelling 122 – L. W. Neatherlin, 60, WM, Married, Ranchman