Clearly Severo himself was familiar with and well-acquainted with the Kid on a personal level. Billy was part of the family, so to speak, and spent lots of time at the Gallegos home. This makes the remaining words of Severo’s testimony of even greater importance to history. Again, these words are part of the public record and are just as undisputed as the fact that he was well acquainted with Billy and on the scene the day he escaped from the Lincoln County Jail, even assisting him in his escape. Severo finishes his testimony in the following way (with a portion repeated for continuity):
“…..This affiant further states that he made many visits to see Billy the Kid in the Lincoln Jail; that he took berries to the jail for Billy to eat; that he saw Billy escape from the Jail in April, 1881; that he never saw Billy the Kid again……until the first day of April, 1950; that after talking to Billy for several hours on April first, this affiant knows from conversation and looking him over, that Billy the Kid was the same person as O. L. Roberts who visited here in Ruidoso.
This affiant further states that he never believed that Billy the Kid was killed by Sheriff Pat Garrett; that he heard from time to time throughout the years that Billy the Kid was still living. This affiant further states that O. L. Roberts has the same blue-grey eyes, with brown spots in them; that his nose is straight, with high cheek bones, large ears, small feet and hands with large wrists, and he stands as straight as he stood in Lincoln County days; that he is still fast on the draw; that he talks and laughs the same, and looks the same in many ways; that he has no teeth now, and his hair is nearly gray with some dark streaks in it.
This affiant further states that he is of firm belief that Billy the Kid and O. L. Roberts are one and the same person”.
How is it possible that in all of contemporary history when the tale of Billy the Kid’s escape from the Lincoln County Jail is told, when Severo Gallegos is mentioned in virtually every single telling, that it is not also shared that this very same Severo Gallegos who knew the real Billy the Kid intimately swore his oath that Brushy Bill Roberts was Billy the Kid? This omission is inexcusable in the academic community. This testimony from Severo Gallegos establishes without question that yet another known associate (other than his childhood friend Jesse Evans) was convinced that William H. Roberts was the one and only Billy the Kid.
Morrison introduced Brushy to Severo and they spoke at length for hours. Severo was spellbound as one would imagine anyone would be to encounter their childhood hero alive and breathing almost 70 years later. Understandably Severo was also doubtful at first but after speaking to him and looking into his eyes over the course of two days he swore an oath that Brushy Bill Roberts was Billy the Kid.
Clearly, it would be one thing for an old man to make the outrageous claim he was Billy the Kid with no proof, as many old men did. These imposters are easily discredited and do not warrant serious consideration. It is quite another thing, however, when a man comes forward with photographs of himself that match the authenticated photo of the Kid, who recalls firsthand knowledge of intimate details of obscure events in the Kid’s life from memory, who demonstrates that he possesses unalterable physical characteristics that perfectly match the Kid’s, and who is able to obtain sworn testimony from close personal friends that were well-acquainted with the Kid that he is the same man.
This avalanche of evidence passes not just the common sense standard, but surpasses the legal standard as well. If this evidence does not overcome the account of a few men who claimed Billy was killed because they said so then what is the point of considering any evidence whatsoever?
Brushy continued, "As I walked out on the balcony upstairs here, everything was calm with no one trying to catch me. No one wanted to fight. I called out that if anyone was looking for a six-foot grave, that they should follow me.
"I went back downstairs and out to the front of the jail, where the horse was tied. I jumped for the saddle, but slid off the other side, hanging to the rope. The Gallegos kid went down the road and took a rope off a yoke of steers in the field and tied it to my saddle. I got on the horse and rode out of Lincoln to the west and up the canyon to the home of a friend, who cut the bolts in my leg irons. After they screwed the nuts on the bolts, they riveted over the ends of the bolts so I couldn't unscrew them with my hands.”
All the while this recital was going on, the old man was in tears and greatly excited. It was as much as he could stand to be in that room. He took one last look around and headed for the stairs. Morrison loaded him into the car and they drove off.
They passed the building twice in later expeditions, but Brushy Bill would never go back inside. One time Colonel Fulton came out to shake hands and ask him in, but once was enough; he would not get out of that car.
After leaving the building, he had an idea that he would like to see if he could retrace his escape route up the canyon, but the country had changed so much since the last time he was there (in 1892, he said) that he couldn’t see anything that looked familiar. Morrison turned around and took up the route to Roswell, Bill filling in with more reminiscences as they drove.
“I turned the horse back for Lincoln and walked over the mountain. My guns began to get heavy and I hung one of them in the fork of a tree. I was headed for the house of Higinio Salazar. We had been friends for a long time. I had stayed with him and his mother before. Neither of us were married. His brother might have been married. I don’t remember. I knew if I could reach his house across the mountain, he would help me as much as he could.
“Higinio was the one who escaped from the burning McSween building. He was seriously injured, but he recovered. I walked near the house and whistled several times before he came outside. He recognized me and we talked about my escape. He urged me to leave for Old Mexico. I argued that I would not leave the country until I killed Old John, Barney Mason, and Garrett. He went back in the house and brought a blanket for me. I slept in the underbrush, as I thought a posse would be looking for me and I did not expect to die alone.”
“Next day he brought food to me. On the second day he borrowed a horse and I started for Fort Sumner across the plains. I told him about hanging my pistol in the tree and he tried to find it, but never could.”
“While on my way the horse broke loose and left me on foot again. I walked into Anaya’s sheep camp below Fort Sumner and stayed a few days. I traveled at night and slept in the daytime. I expected Garrett down at Fort Sumner hunting for me. After dark one evening I walked to the home of Charlie Bowdre’s widow, where I spent the night, and the next day or so. From here I rode back to Garcia’s. I rode around Fort Sumner with some ranchers and herders for about two and a half months before I had the fight with Garrett’s posse that night in July. I would not leave until I had killed Chisum, Barney Mason, and Garrett.”
“It was about the middle of May, 1881, when I rode out to Old John’s ranch on South Spring. I met a Mexican cowboy. I pulled down on him, telling him to go in and bring Old John out so I could talk to him in my language. He told me that Old John was not in there. I promised him that I would kill him if I find out that he is lying to me. I stayed at a camp nearby for a few days watching and waiting until I found out the Mexican was telling the truth. I left there looking for Barney Mason. He started to ride up to the camp where I was staying. When I came out, he left and mighty quick, too, he did. I could have killed him if I had known it was him.”
“I sent a note to Garrett that I was waiting for him, and that he had better come a-shooting, too. They had both been good friends of mine until Chisum and others had Garrett elected sheriff of Lincoln County. We rode and gambled together. Mason rustled cattle and horses with us after Garrett was elected. But when he started squealing to Garrett, we ran him off.”
Pat Garrett in his book The Authentic Life of Billy the Kid just so happens to mention his last message he received from the Kid before that fateful night at Pete Maxwell’s in July. Sheriff Garrett, in defense of himself for shooting Billy from concealment and in respo
nse to those who asked if he was scared, writes “Scared? Suppose a man of the Kid’s noted gentle and amicable disposition and temper had warned you that when you two met you had better “come a shooting”….wouldn’t you be scared?”
This reference to a warning from the Kid is an exact match to what Brushy Bill Roberts claims he sent to Garrett. Only two men would have known of a private note between themselves and in this case apparently those two men were Sheriff Pat Garrett and Brushy Bill Roberts, aka Billy the Kid. Once again, it is a simple detail buried in the historical record that adds significant credibility to the story of Brushy Bill.
Brushy continued, “I knew Celsa and Pat’s wife, who were sisters to Saval Gutierrez, before Pat came to this country. Celsa was one of my sweethearts when I was in Fort Sumner. Her brother, Saval, lived in Fort Sumner. After I returned from hunting Old John, he went up to Canaditas and got Celsa for me. She wanted to go to Mexico with me, but I did not want to get married until Garrett was gone.”
“While I was in Fort Sumner I stay at Gutierrez’, Jesus Silva’s, and Bowdre’s. I also stayed at the Yerby ranch north of Fort Sumner quite a bit. We were good friends. I kept horses and mules there when Charley Bowdre worked for Yerby. He had a good-looking daughter, who was sort of a sweetheart of mine. I don’t remember her name. Fort Sumner had some good-looking girls in those days.”
“Most of my time was spent at the Yerby ranch after I broke jail in Lincoln. There were several cow and sheep camps on the road from Yerby’s to Fort Sumner. I stopped off in most of them during the day time.”
CHAPTER 6: DEATH BY MOONLIGHT
“I RODE into Fort Sumner from Yerby’s a few days before Garrett and his posse rode in. When they rode in that day, I had spent the day with Garrett’s brother-in-law, Saval Gutierrez. Nearly all the people in this country were my friends and they helped me. None of them liked Garrett.”
“Garrett and his posse came in that night while we were at a dance. Silva saw Garrett in Fort Sumner a little while before we rode in from the dance. He knew I was staying with Gutierrez, so he went over there to warn me to leave town. Gutierrez told him we were out to a dance.”
“When my partner*, me, and the girls rode into town, we stopped at Jesus Silva’s. Jesus told Celsa that Garrett was in town looking for the Kid. About midnight the girls left and I began asking him about Garrett. He got excited and told us to leave before Garrett found us there. I thought Garrett would go to Gutierrez’, and I had better stay away that night. I told Silva that we was not going to leave until we had something to eat. He agreed to fix a meal for us.”
“He was cooking the meal for us to eat when my buddy asked for fresh beef. Silva said if one of us would go over to Maxwell’s and get beef, he would cook it for us. I sensed a trap, but my partner insisted that we go get the beef. He started out to Maxwell’s after I refused to leave Silva’s house. I thought that Garrett might still be in town, and I wanted to meet him in the daytime so I could beat him to it.”
*Brushy described his companion as a half Mexican cowboy that gave the name “Billy Barlow”.
IT HAPPENED HERE
Pete Maxwell’s House. His bedroom was at the front corner
According to Brushy, he and his friend Billy Barlow had worked on the Muleshoe Ranch together but he always suspected the young man was using an alias. Brushy said he thought that Barlow had come into the country in the winter of 1880 but that he had taken no part in the cattle war. Barlow was younger than Billy but about the same size and with similar blue eyes.
Unlike the Kid, however, Barlow was half Mexican, wore a beard, and was dark skinned. He was also a heavy drinker and had been drinking heavily at the dance on the evening in question. Perhaps this is why he failed to heed the Kid’s warning that he could be walking into a trap. Even more intriguing is the thought that perhaps this explains some of the other versions of events that have been offered regarding what exactly happened leading up to the shooting that night.
Over the years there have been reports that when the Kid entered Maxwell’s yard he was buttoning his trousers. This has led some to conjecture that perhaps he was coming from a romantic encounter with Pete Maxwell’s sister. Another reasonable explanation, however, could be that after a night of heavy drinking Billy Barlow stopped and relieved himself in the yard outside Jesus Silva’s house before coming through the gate onto Pete Maxwell’s property. This explanation would seem to not only fit all of the known facts but would also account for the behavior (and poor judgment) of the man Pat Garrett killed that evening.
Brushy continued, “In a short time we heard pistol shots. I ran through the gate into Maxwell’s back yard in the bright moonlight and started shooting at the shadows along the house. One of their first shots had killed my partner on the back porch. After entering the yard, their first shot struck me in the lower left jaw, taking out a tooth as it went through my mouth. As I started over the back fence, another shot struck me in the back of my left shoulder. I had emptied one of my .44’s when another shot struck me across the top of my head and about an inch and a half back of the forehead and about two inches in length. This shot knocked me out and I stumbled into the gallery of an adobe behind Maxwell’s yard fence.”
It is interesting that Brushy mentioned that on that particular evening the yard was brightly lit. This is correct and a fact mentioned in almost every narrative of those that were present that night. Brushy not only knew the exact layout of Fort Sumner, including the location of the houses of the various residents but even knew the quality of the moonlight on the particular evening when Garrett claimed he shot the Kid.
He goes on to say “A Mexican woman was living there and she pulled me in through the door. When I woke up, she was putting beef tallow on my head to stop the flow of blood. I told her to reload my .44’s, which she did. “I started to go back out after them when Celsa came running in and said that they had killed Barlow and they were passing off his body as mine. She begged me to leave town. She said that they would not leave Maxwell's house for the night. They were afraid of being mobbed.”
In Deputy Poe’s book “The Killing of Billy the Kid” he makes it very clear that the town of Ft. Sumner was friendly to Billy and therefore hostile to the deputies. Poe writes “We spent the remainder of the night on the Maxwell premises, keeping constantly on our guard, as we expected attack by the friends of the dead man.” Fortunately for Poe, no attack came, perhaps because it spread through the town that Billy was alive after all.
As will be shown, this is one of several times Deputy Poe’s version of events match perfectly with that of Brushy Bill Roberts.
EXERPT FROM THE LAS CRUCES SUN JULY 23, 1881
The narrative that Billy the Kid’s body looked like a Mexican, complete with brown skin and beard was repeated by several contemporary newspapers at the time but has since been mostly disregarded by history.
The cover up of the accidental shooting of Billy Barlow is not without historical record. As shown above early accounts of this incident corroborate Brushy’s story that the man Pat Garrett shot did not match known descriptions of Billy the Kid. Several newspapers, including the Las Cruces Sun in Las Cruces, New Mexico printed that Billy had been living among the Mexicans and attempting to disguise himself by staining his skin brown. In addition, the many eyewitness accounts and reports of the shooting of Billy the Kid are contradictory.
For example, the July 23, 1881 issue of the above paper describes the shooting as follows: “Maxwell made no reply, and Kid then caught sight of Garrett. He did not apparently recognize the man, but pointed his revolver at him and said “Who is it? Who is it?” Garrett had not had time to draw his revolver, and finding it had reached a point at which caution or delay would prove fatal, reached around and got it. Kid started back, but for some reason or other did not fire. Perhaps this was because he had no idea that Garrett was in that part of the country, and suspected no harm. Whatever his reason was his delay proved fatal. With his desperate enemy�
��s weapon aimed full at his breast at a distance of a few feet, Pat Garrett, with the quickness and precision for which he is famed; pulled down on the Kid and fired. The bullet pierced the heart and in a moment without the utterance of a word death ensued. The sheriff fired a second shot before he had time to see the effect of the first one but in the excitement he missed his mark. Below is given Sheriff Garrett’s report is made to acting Governor Rich which contains also the verdict of the coroner’s jury. “Fort Sumner, N.M. July 16, ’81- To His Excellency, the Governor of New Mexico; I have honor to inform your Excellency that I have received several communication from persons in and about Fort Sumner, that William Bonny, alias the Kid, had been there, or in that vicinity for some time. In view of these reports I deemed it my duty to go there and ascertain if there was any truth in them or not, all the time doubting their accuracy; but on Monday, July 11, I left home, taking with me John W. Poe and T. D. McKinny, men in whose courage and capacity I relied implicitly, and arrived just below Fort Sumner on Wednesday 13th. I remained concealed near the houses, until night, and then entered the fort about midnight, and went to Mr. P. Maxwell’s room. I found him in bed, and had just commenced talking to him about the object of my visit at such an unusual hour, when a man entered the room in stockinged feet, with a pistol in one hand a knife in the other. He came and placed his hand on the bed just beside me, and in a low whisper, “who is it?” (and repeated the question) he asked of Mr. Maxwell. I at once recognized the man, and knew he was the Kid, and reached behind me for my pistol, feeling almost certain of receiving a hail from his at the moment of doing so, as I felt sure he had now recognized me, but fortunately he drew back from the bed and noticing my movement, and, although he had his pistol pointed at my breast, he delayed to fire, and asked in Spanish, “Quien Es?”, “Quien Es?”. This gave me time to bring mine to bear on him, and the moment I did so I pulled the trigger and he received his death wound, for the ball struck him in the left breast and pierced his heart. He never spoke, but died in a minute. It was my desire to have been able to take him alive, but his coming upon me so suddenly and unexpectedly leads me to believe that he had seen me enter the room, or had been informed by someone of the fact; and that he came there armed with a pistol and knife expressly to kill me if he could. Under that impression I had no alternative but to kill him or to suffer death at his hands.”
Billy the Kid: An Autobiography Page 7
