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.
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.
On August 19, 1871, McCluskie entered Newton and went to gamble at "Tuttles Dance Hall", located in an area of town called Hide Park.
Hugh Anderson, the son of a wealthy Bell County, Texas cattle rancher, also entered, and approached McCluskie, calling him a coward and threatening his life.
Kearns, Garrett, and Wilkerson also began firing, perhaps to keep the crowd back, and may have shot McCluskie in the leg.
At that point James Riley, believed to have been 18 years of age at the time, opened fire on them.
Riley was thought to be dying from tuberculosis (this is not a fact), and had been taken in by McCluskie shortly after arriving in Newton.
He was explained in writings from the time as being gaunt, emaciated, and scarecrow like, with no mention of a sickness causing these things.