The incident began with an argument between Billy Bailey and McCluskie, both of whom had been hired as policemen during the elections. The two men began arguing on August 11, 1871, over local politics on election day in the "Red Front Saloon", located in downtown Newton. The argument developed into a fist fight, with Bailey being knocked outside the saloon and into the street. McCluskie followed, drawing his pistol. He fired two shots at Bailey, hitting him with the second shot in the chest. Bailey died the next day, on August 12, 1871. McCluskie fled town to avoid arrest, but was only away for a few days before returning, after receiving information that the shooting would most likely be deemed self defense, despite the fact that Bailey never produced a weapon. McCluskie had claimed he feared for his life, having known that in three previous gunfights, Bailey had killed two men.