Spence and Stilwell were re-arrested on October 13 by Virgil Earp for the Bisbee robbery on a new federal charge of interfering with a mail carrier. The Cowboys saw the Earp's filing of federal charges as further evidence they were being unfairly harassed and targeted by the Earps. They let the Earps know that they could expect retaliation. Local newspapers erroneously reported that Spence and Stilwell had been arrested for a different stage robbery that occurred on October 8 near Contention City. Stilwell was in jail in Tucson on these federal charges on the day of the gunfight on October 26, 1881, but Spence had been released several days before.