The film was roughly based on the 1888 true story of the five Marlow Brothers (George H., Boone, Alfred, Lewellyn, and Charles) of
Graham, Texas, in
Young County, and
Marlow, Oklahoma (then
Indian Territory). The city of Marlow, Oklahoma, is named after the Marlow family, including their parents, Dr. Wilburn Williamson Marlow Sr. and Martha Jane (née Keaton) Marlow. Dr. Marlow was the town's first physician and a prominent citizen. Marlow had previously been a
Chisholm Trail rest spot near
Wild Horse Creek. There the Marlows built a dugout home called "Marlow Camp" in 1880. Ten years later, the
Chicago, Rock Island and Pacific Railroad came through and built a station on the location, naming it Marlow. Dr. Wilburn and Martha Marlow had four children in addition to the five brothers: Wilburn Williamson "Willie" Marlow Jr. (died in
Leadville, Colorado, in 1879, where he had been taken to
convalesce after contracting
malaria in Mexico), Charlotte Murphy, Elizabeth "Eliza" Gilmore, and Nancy Jane "Nannie" Murphy. Dr. Marlow died April 12, 1885. Three of the brothers (Boone, Alfred, and Lewellyn) ended up being killed, although in the film, the brother that had done the real killings (basis for the Dean Martin role) was not with the other four when they were first arrested. This killing seemed to be justified in self-defense, but would be brought up later by John and William Murphy, deputy marshal Edward W. "Ed" Johnson, and Sam Criswell, who were having a personal feud with Boone, and would be witnesses against the brothers. Boone, Alfred (aka Alf), Lewellyn (aka Epp, Ep, Ellie), and Charles were arrested near the Anadarko Agency headquarters (what became
Anadarko, Oklahoma), for stealing 19 horses in the area around
Fort Sill. George went to the homestead in Marlow and took the women by wagon to Graham where he was then also arrested. Martha Jane bailed them out and they went to their place in Young County, Popular sheriff Marion DeKalb Wallace and his deputy Thomas B. "Tom" Collier went out to the Denson farm, December 17, 1888. Before they left Graham they had been drinking and were intoxicated. The Marlows (Charles and his wife, Alfred's wife, Martha, Lewellyn, and Boone Marlow) were sitting down to noon dinner. Boone saw Collier through the window and invited him in for dinner, to which Collier replied, "I'm not hungry." An altercation broke out between Collier and Boone, and without showing their warrant, Collier fired at Boone. As Wallace heard the commotion he came around from the other side of the house and came up behind Collier. Boone, aiming at Collier, shot sheriff Wallace by mistake. As Collier and Charles attended to Wallace, Boone left the area. The other four brothers went into town and turned themselves in. A mob then tried to avenge the sheriff and attacked the jail, January 17, 1889, but the brothers were able to fight off the mob. the deputy then decided to move the four brothers to
Weatherford, Texas, chained together along with two other prisoners (William D. Burkhart and Louis Clift). But the two wagons and one buggy were ambushed along the way at Dry Creek (about two miles from Graham). The deputies guarding the brothers ran away, in league with the ambush party. George and Charles were both wounded (Charles severely so) but escaped, using Burkhart as a hostage and being aided by Clift, and went to their mother's house on the Denson farm. (About halfway there, they stopped in Finis at a farm house and asked to stay the night, but were refused. George spotted an ax and borrowed it to separate the men from their shackles. As soon Burkhart was free, he ran off). Also wounded were Johnson, Logan, and Clinton "Clint" Rutherford. :
"This is the first time in the annals of history where unarmed prisoners, shackled together, ever repelled a mob. Such cool courage that preferred to fight against such great odds and die in glorious battle." Judge Andrew Phelps McCormick, 1891. Boone had gone to stay with his girlfriend and her family, the Harbolts, in the vicinity of Marlow, but the girlfriend's brother, William "G.E." Harbolt, put some poison in the food that his sister took to Boone. William Harbolt had obtained the poison from a Dr. Carter. Harbolt, along with bounty hunters Jim "Martin" Beavers and John E. Derrickson (aka Direkson), shot his dead body for the $1,700 reward offered for his capture ($200 by the State of Texas and $1,500 by Young County), dead or alive. An autopsy by Doctor R. N. Price determined that he was already dead when he had been shot, and that he had died of
arsenic poisoning. The three men were arrested but released on bail. Harbolt was later shot in the
Chickasaw Nation of the
Indian Territory and Beavers and Derrickson each received 15-year sentences. Collier, deputy Johnson, David "Dink" Allen, attorney Robert "Bob" Holman, Jack Wilkins, W. R. Benedict, county attorney Phlete A. Martin, deputy tax collector John Levell, constable Marion A. Wallace (the dead sheriff's nephew), Wil Hollis, William Bee Williams, Richard "Dick" Cook, deputy sheriff Eugene Logan, constable Sam Waggoner, Clint Rutherford, and Verna Wilkerson were all charged with conspiring to falsify a case against the Marlow brothers, conspiring to kill the Marlow brothers in an ambush, and murdering Alfred and Lewellyn Marlow while they were in the protective custody of a United States Marshal. However, only Cook, Hollis, Levell, Logan, Rutherford, Waggoner, Wallace, Wilkerson, and Williams, went to trial. John William "Bee" Williams and Thomas B. Collier (
typhoid fever) died while in jail in mid-January 1891. George and Charles were summoned to testify and asked for and received protective custody from U.S. Marshal George A. Knight of Dallas. Additionally, Knight made George a "Special Deputy", while Charles was made an "attached witness". Phlete A. Martin and John Frank Spears (Spears was in jail with the Marlows at the time of the mob attack) both
turned state's evidence and testified against the conspirators. ==Legacy==