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Which Billy did Pat Garrett get?
NYT via IHT ^ | Michael Janofsky

Posted on 06/14/2003 1:46:40 PM PDT by Sir Gawain

Which Billy did Pat Garrett get?
Michael Janofsky/NYT The New York Times
Thursday, June 5, 2003

DNA tests may show Old West hero killed the wrong man

 

LINCOLN, New Mexico For more than 120 years, Pat Garrett has enjoyed legendary status in the American West, a lawman on a par with Wyatt Earp and Bat Masterson, even Matt Dillon. As sheriff here in Lincoln County in 1881, Garrett is credited with shooting to death the notorious outlaw known as Billy the Kid, a killing that made Garrett a hero. For years, a patch bearing Garrett's likeness has adorned uniforms worn by sheriff's deputies here.

But now, modern science is about to touch Garrett's fame in a way that some say could expose him as a liar who covered up a murder to save his reputation.

Officials in New Mexico and Texas are developing plans to exhume and conduct genetic tests on the bodies of a woman buried in New Mexico who was believed to be the Kid's mother and a Texas man known as Brushy Bill Roberts who claimed to be the Kid and died in 1950 at the age of 90. If test results suggest that the two were related, it would add new evidence to a long-held alternative theory that Garrett shot someone other than the Kid and led a conspiracy to cover up his crime.

Such skepticism is hardly uncommon. Disputes over major events in the Old West have engaged historians almost since they happened. The saga of Billy the Kid is one of the longest-running.

Beyond renewing interest in the Kid saga, the possibility that testing could enlarge Garrett's reputation or destroy it has even caught the fancy of Governor Bill Richardson of New Mexico, who has offered state aid for the investigation and a possible pardon that an earlier New Mexico governor had once promised to the Kid for a murder he committed.

"The problem is, there's so much fairy tale with this story that it's hard to nail down the facts," said Steve Sederwall, the mayor of Capitan, New Mexico, who is working with Lincoln County's current sheriff, Tom Sullivan, to resolve the matter. "All we want is the truth, whatever it is. If the guy Garrett killed was Billy the Kid, that makes him a hero. If it wasn't, Garrett was a murderer, and we have egg on our face."

No matter what genetic testing may show - and it might not show much - it is hard to overstate the prominence of Garrett and the Kid in Western lore, especially here in southeastern New Mexico, where their lives converged during and after the gun battles for financial control of the region that became known as the Lincoln County War.

The Kid's notoriety grew after he and friends on one side of the conflict killed several men in an ambush, including Garrett's predecessor, Sheriff William Brady. For that, the Kid was hunted down, captured by Garrett, convicted of murder and taken to the Lincoln jail to await hanging. He was about 21.

Today, the tiny town of Lincoln, population 38, is a memorial to what happened next. More than a dozen buildings, including one that housed the jail, have been preserved as a state monument that attracts as many as 35,000 visitors a year.

Historians generally agree that the Kid, born Henry McCarty and known at times as William H. Bonney, among other names, escaped from the Lincoln County jail after it became apparent that Governor Lew Wallace had reneged on a promise to pardon him in exchange for information about other killings during the county war.

On April 28, 1881, the Kid managed to obtain a gun, kill the two deputies guarding him and leave the area on horseback. But then, stories diverge.

The version embraced here and supported by numerous books and Garrett relatives is that the Kid made his way to a friend's ranch in Fort Sumner, about 100 miles (160 kilometers) northeast of Lincoln. The ranch owner, Pete Maxwell, was also a friend of Garrett's and somehow got word to Garrett that the Kid was in the area.

After arriving, Garrett posted two deputies at the door. As the Kid approached on the night of July 13, he spoke a few words in Spanish to the deputies, who did not recognize him. But Garrett, waiting inside, knew the voice. When the Kid walked in, Garrett turned and shot him in the heart.

William Garrett, a retired lighting engineer living in Alamogordo, New Mexico, who is Garrett's great-nephew, said that years of research, including conversations with his cousin Jarvis, the last of Garrett's eight children, who convinced him there was "no question about it" that his great-uncle killed Billy the Kid at Maxwell's. Jarvis died in 1991 at the age of 86.

"He was hired to get the Kid, and he got the Kid," Garrett said. "Uncle Pat was a person of integrity who did his job. He was a law abider, not a law-breaker."

But just as the story of Garrett as hero has flourished over the years, so have others, including the tale of Brushy Bill of Hico, Texas. His trip to New Mexico in 1950 to seek the pardon he claimed to have been denied nearly 70 years earlier gave new life to an alternative possibility - that Garrett had not killed the Kid at all, but a drifter friend of the Kid's named Billy Barlow.

This story holds that Garrett and the Kid may have been in cahoots for some reason and that Garrett had stashed a gun in the outhouse at the jail that the Kid used to kill the deputies and escape. Even if only part of that is true, it would strongly suggest that Garrett killed the wrong man.

Jannay Valdez, curator of the Billy the Kid Museum of Canton, Texas, said he had no doubt that Garrett killed someone else and that Brushy Bill was the Kid.

"I'm absolutely convinced," he said after meeting with Sederwall, Capitan's mayor. "I'd bank everything I have on it."

Sederwall and Sullivan, the sheriff, decided to try to settle the matter once and for all but could do so only through scientific analysis. To justify an effort that would require much of their time and, perhaps at some point, taxpayer money, they needed an official reason. So in April, they opened the first-ever investigation into the murders of the two deputies shot at the jail during the Kid's escape, James Bell and Robert Olinger.

As Sederwall said, "There's no statute of limitations on murder."

The goal now, he said, is to compare genetic evidence of Catherine Antrim - the woman believed to be the Kid's mother, who died in 1874 and is buried in Silver City, New Mexico - and of Brushy Bill, who is buried in Hamilton, Texas.

The Kid - or the man said to have been the Kid - was buried at Fort Sumner, New Mexico, although the whereabouts of the grave are uncertain. The Kid has no known living relatives.

But solving the mystery might not be so simple. For one thing, Valdez said he was certain that the woman buried in Silver City was not the Kid's mother but "a half aunt." And even if tests disqualify Brushy Bill as the Kid, other "Kids" have emerged over the years, including a man named John Miller, who died in 1937 and is buried in Prescott, Arizona. Sederwall said efforts would be made to exhume his body, as well.

The New York Times


TOPICS: Culture/Society
KEYWORDS: banglist
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1 posted on 06/14/2003 1:46:41 PM PDT by Sir Gawain
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To: Sir Gawain; *bang_list
Someone was always bragging that they were a famous outlaw. I remember an article that someone claimed to be Frank James. I believe there was also a lame attempt to say that Jesse James wasn't killed at the time of the Ford shooting.

Just to add a little history tidbit, Billy wasn't left handed.
2 posted on 06/14/2003 1:55:30 PM PDT by Shooter 2.5 (Don't punch holes in the lifeboat)
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To: Sir Gawain
Sheriff Pat Garrett's a liar, is that it, NYT? Don't be hard on Jayson Blair and Howell Raines; everybody does it. Isn't that the desired reaction to this story?
3 posted on 06/14/2003 1:56:08 PM PDT by Ligeia
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To: Sir Gawain
>> The New York Times

Well Sir G, the source has to count for something.

But when I was growing up, there was an old timer in my neighborhood in Lane County Oregon who, in his final days, confessed to being Billy the Kid. I think he was over 100 years old, and this was probably around 1970.

I think there were probably others who made such confessions during that time too. I guess we'll never know for sure.

Dave in Eugene
4 posted on 06/14/2003 1:56:35 PM PDT by Clinging Bitterly (Tagline error. Press ALT-F4 to continue.)
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To: Sir Gawain
I read somewhere that "Brushy Bill" was far too young to have been Billy the Kid.
5 posted on 06/14/2003 2:01:52 PM PDT by The Hon. Galahad Threepwood
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To: Shooter 2.5
Just to add a little history tidbit, Billy wasn't left handed

If this is an authentic photo, I'd say you're right!


6 posted on 06/14/2003 2:07:06 PM PDT by 45Auto (Big holes are (almost) always better.)
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To: Sir Gawain
NYTimes is that stil around?
7 posted on 06/14/2003 2:09:47 PM PDT by joesnuffy (Moderate Islam Is For Dilettantes)
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To: Sir Gawain
a lawman on a par with Wyatt Earp and Bat Masterson, even Matt Dillon.

Matt Dillon?

8 posted on 06/14/2003 2:15:08 PM PDT by RightWhale (gazing at shadows)
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To: The Hon. Galahad Threepwood
They argue about his birthdate..... Click above links to see headstones
9 posted on 06/14/2003 2:16:26 PM PDT by deport (Scratch a dog and you will have a permanent job.....)
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To: Shooter 2.5
Just to add a little history tidbit, Billy wasn't left handed.

As I understand it the "left handed gun" came from a reverse print of a photo of Billy with his favorite rifle in his arms and pistol on his left hip, thus he "must have been" left handed. However, examining the rifle shows that the breech is mirror imaged, something never produced by that gun maker (winchester?) prooving that the picture is flipped.

My favorite tidbit surrounding the Billy the Kid / Lincoln County Wars is the true source of fame of the governor mentioned in the story, Lew Wallace. He was world famous as the author of the single most successful book in the US in the 1800s: Ben Hur. He wrote most of it while governor, living in Santa Fe. General Lew Wallace was also a civil war hero (he held off the advancing rebel troops with volunteer militia when they could have captured Washington and ended the war) as well as one of the judges at the trial of the Lincoln Assassination conspirators. After leaving New Mexico he went on to be ambassador to the Ottoman Empire and prooved very influential in affairs at the end of the century in that part of the world. Fascinating gent. People just lived bigger lives, I guess.

10 posted on 06/14/2003 2:19:18 PM PDT by Phsstpok
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To: 45Auto
That's the only photograph of Billy. It's normally shown in reverse as the original photograph was sold. I have Pat Garrett's book next to me and the back page shows that photograph, again, in reverse.

The proof is the loading gate on the Winchester. A correct view will show the gate on the right side.

I'm sure you know that, I'm writing for the lurkers.

Garrett's book says that Maxwell was laying down on the bed when Billy walked in. Maxwell whispered, "That's him", and Garrett fired two shots. Garrett had recognized Billy's voice when he said "Quine es?" [Who's that?]. They thought Billy had fired after the first shot but they couldn't find that bullet hole in the bedroom. Billy's Thunder .41 had a spent cartridge under the hammer and Garrett said that proved nothing since it was a common safety practice. Garrett's first shot hit Billy just above the heart. The second missed.
11 posted on 06/14/2003 2:19:41 PM PDT by Shooter 2.5 (Don't punch holes in the lifeboat)
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To: Sir Gawain
Bill Richardson of New Mexico, who has offered state aid for the investigation and a possible pardon that an earlier New Mexico governor had once promised to the Kid for a murder he committed.

Democrats seem to love pardoning criminals. It makes them feel good to be bad.

12 posted on 06/14/2003 2:21:40 PM PDT by Free ThinkerNY
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To: Dave in Eugene of all places
>> The New York Times
Well Sir G, the source has to count for something.

As I remember Pat Garrett was a Republican.

It seems to me that half the old men of dubious ancestry in the Southwest in the 30s claimed to really be some famous outlaw or another. There were at least 6 who claimed to be Butch Cassidy. Acording to his sister, one of them actually was.

So9

13 posted on 06/14/2003 2:23:24 PM PDT by Servant of the Nine (A Goldwater Republican)
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To: Phsstpok
I'm just a slow typer. You're correct about the Rifle and the left handed tidbit.

The heroes of the Civil War were a different breed. Spencer, the famous carbine inventor lived long enough to design helicopters.
14 posted on 06/14/2003 2:23:39 PM PDT by Shooter 2.5 (Don't punch holes in the lifeboat)
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To: 45Auto
After finding a couple of old family tintype photos in my attic, I read up on tintypes. The source pointed out that original tintypes are always mirror images of the subjects, since the image (positive) is viewed directly from the front surface instead of being printed through a negative. This article specifically mentioned the case of Billy the Kid, who was said (mistakenly) to be left handed because of tintype evidence. I don't know if your photo was the one they referred to or not; possibly it's been reverse copied from an original tintype. It does appear that he slung his sixgun on the starboard side in that one.
15 posted on 06/14/2003 2:26:32 PM PDT by 19th LA Inf
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To: Shooter 2.5
The governor of New Mexico Territory at the time was Lew Wallace:

Governor of The New Mexico Territory 1878 - 1881

In September 1878 Gen. Wallace was appointed Governor of the New Mexico Territory. Described by some as thanks for his support for President Hayes, it was not a "favor." His job was to clean up the "Lincoln County Wars."

On November 14 he issued an Amnesty Proclamation, a pardon for all misdemeanors and crimes committed in Lincoln County from Feb. 1 until Nov. 13, 1878. It excluded those indicted or undergoing punishment for crimes.

A secret meeting with William Bonney (a.k.a. Billy the Kid) led to an arrest (actually protective custody) while Billy testified against those involved in the killing of Huston Chapman.

Billy would be granted amnesty in return for his testimony, but he was still supposed to stand trial for previous crimes. He did testify but chose to then escape from jail and return to a life of crime. Gen. Wallace refused to grant his amnesty.

In December of 1880 Billy the Kid was arrested and charged with murdering three men. At his trial in 1881 he was exonerated of two of those killings, but convicted of one. He was sentenced to hang, and his official death warrant is in Gen. Wallace’s handwriting. However, as Billy was prone to do, he escaped from jail to be ultimately shot down by Sheriff Pat Garrett in July of 1881.

In the spring of 1879 the Apache chief Victorio left the reservation and started raiding. Gen. Wallace said of Victorio that he "was an enemy not to be despised." Among the things New Mexico must surely appreciate about Lew’s time as Governor is his salvaging of the archives of the territory.

16 posted on 06/14/2003 2:27:03 PM PDT by 45Auto (Big holes are (almost) always better.)
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Unsolved Mysteries also had a story on this, showed the pro and con evidence...

My guess is that Brushy Bill is just some old eccentric.

Buncha info against Brushy being billy the kid:

17 posted on 06/14/2003 2:28:23 PM PDT by KneelBeforeZod (I was happy in the haze of a drunken hour but heaven knows I'm miserable now)
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To: Shooter 2.5
Lew Wallace in his younger days


18 posted on 06/14/2003 2:28:50 PM PDT by 45Auto (Big holes are (almost) always better.)
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To: RightWhale
BongSmoke?
19 posted on 06/14/2003 2:30:46 PM PDT by TERMINATTOR (Don't tread on me!)
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To: 45Auto
Thanks for the history lesson. I sat down one summer and tried to read about the Lincoln County Wars and couldn't figure out who was fighting who. It was a mess with at least four sides going at once. There was the big ranchers, the small ranchers, and the two stores in town trying to supply whoever they supported. Add the government, the local militia and the self appointed vigilantes and I still haven't figure out who was in the right. Probably no one.
20 posted on 06/14/2003 2:36:54 PM PDT by Shooter 2.5 (Don't punch holes in the lifeboat)
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