On 18 February 1878, Tunstall, Richard M. Brewer, John Middleton, Henry Newton Brown, Robert Widenmann, Fred Waite and William Bonney, were driving nine horses from Tunstall's ranch on the Rio Feliz to Lincoln. A posse deputized by Lincoln Sheriff Brady went to Tunstall's ranch on the Feliz to attach his cattle on a warrant that had been issued against his business partner, McSween. Finding Tunstall, his hands, and the horses gone, a sub-posse broke from the main posse and went in pursuit. But these horses were not covered by any legal action.