Morrison made diligent search, in person and by letter. He could find no evidence that Billy the Kid's death had ever been legally recorded anywhere in New Mexico.
In any event, as soon as might well be after the coroner's jury had acted, Garrett's attorney, Charles W. Green, applied for the governor's reward. He submitted a copy, plainly labeled as such, of the paper signed by Milnor Rudulph and his jurymen. This copy, together with the application for the reward money, was filed in the office of the secretary of the territory on July 20, 1881. Then another curious thing happened. Acting Governor W. G. Ritch would not validate Garrett's claim and refused to approve payment. As a result, Pat Garrett never collected the $500 offered by Governor Wallace for the apprehension of the Kid.
Ritch's ostensible reason for turning down Pat's application was strange and wonderful also. He interpreted Governor Wallace's offer as an unofficial and private act, and issued a statement which concluded: "In addition we will add as a fact that there was no record whatever, either in this office or at the Secretary's office of there having been a reward offered as set forth by the Attorney General, nor was there any record on file in said offices of a corresponding reward in any form."
This is truly amazing. For Acting Governor Ritch was secretary of state at the time Governor Wallace offered his reward, and he recorded Wallace's offer over his own signature in the same book which contains Garrett's letter of application. The entry begins:
NOW THEREFORE, I, Lewis Wallace, Governor of the Territory; by virtue of the power and authority vested in me by law and believing the end of justice will be best served thereby, do hereby offer a reward of five hundred dollars ($500.00) for the apprehension and arrest of said William Bonney, alias "Kid" and for his delivery to the Sheriff of Lincoln County at the County Seat of said county.
The proclamation is signed "Lewis Wallace, Governor.
By the Governor. [Signed] W. G. Ritch."
Why did Ritch side-step payment of the reward by asserting the absence of a record which he had made himself? At this late date the question can probably be answered only by conjecture. The newspaper notices of the governor's offer, one of which Garrett referred to in his application, were not in proper legal form and could have been interpreted as extra-official on Wallace's part; but it was simply not true that there was no record of "a corresponding reward in any form."
One possible explanation would be Ritch's knowledge of the shaky character of the purported death certificate—a document which cannot now be, and perhaps never could have been, produced. It is conceivable also that the solution lies somewhere among the murky undercurrents of territorial politics.
And with that thought we are back with the Santa Fe Ring again. Charles W. Greene, Garrett's lawyer, was editor of the Santa Fe New Mexican and an important Ring man. Ritch, of course, was a friend of Governor Wallace and in opposition to the Ring. For some reason, Wallace's wing of the state government, including Ritch and the attorney general (who advised against paying the reward), did not want Garrett to get his money. The members of the Ring, all of whom had been Murphy-Dolan sympathizers and opposed to McSween and Billy the Kid, were, naturally, on the other side of the fence. That may explain, at least partly, why Charles W. Greene asked the legislature to do what Ritch would not or could not do. A bill was introduced to afford Garrett "relief." On the list of committeemen charged with considering this bill appears the name of W. T. Thornton, law partner of T. B. Catron—and T, B. Catron was the Big Man of the Santa Fe Ring. The legislature, of course, was heavily loaded with Ring supporters and henchmen. It was no trouble to get an act passed giving Garrett the money the governor had promised to pay.
It is interesting to note that the act credits Garrett with killing William Bonney "on or about the month of August, 1881," which adds to the complications by disposing of Billy a month later than the date given in the purported coroner's verdict. None of the gentlemen involved had any notion that their acts would be scrutinized so carefully almost seventy years later, or that a man named Brushy Bill Roberts would be frustrated by their lack of care and method.
All this confusion added up, in Morrison's view, to a series of doubts—doubts about Billy's guilt; doubts about the justice of his sentence; doubts about the governor's right to withhold a pardon; doubts about the actual circumstances of Billy's death and burial. The only way to get it all cleared up was to go to law about it. A pardon from the governor was to be the first step. After that the man who said he was Billy the Kid hoped to have his day in court in order that his representatives could produce whatever was down in black and white for or against him. It all came to nothing, for Brushy Bill Roberts was called to appear before a tribunal much higher than the courts of New Mexico.
A COMPARISON OF THE FAMOUS BILLY THE KID TINTYPE AND PHOTOS OF WILLIAM HENRY ROBERTS
TINTYPE OF BILLY THE KID- THE ONLY AUTHENTICATED PHOTOGRAPH KNOWN TO EXIST PRIOR TO 1950
Anyone who has ever seen a photo of Billy the Kid has seen the famous tintype of Billy with his rumpled hat, six-shooter revolver, Winchester rifle, and legendary buck teeth. In fact, this has historically been the only authenticated photo of Billy known to exist. What most people do not realize, however, is that the photo is actually a mirror image. Upon close examination this becomes obvious due to the presence of the Winchester rifle loading chamber on the left side of the rifle. In reality, all Winchester loading gates are on the right side of the rifle receiver. This detail becomes very important when comparing the photo of a 27 year old Brushy Bill Roberts with the photo of the 21 year old Billy the Kid. As you will see, the faces of the two men are absolutely identical.
Upon careful examination of a high resolution image of the famous tintype the following becomes evident:
1 Billy is posing with his mouth open
2 Billy’s head is slightly tilted backwards and to the left
3 Billy is slightly squinting
Upon examination of the 27 year old Brushy Bill photo it is evident that:
1 His eyes are wide open
2 His head is straight up and down
3 His mouth is closed
Despite these differences, when overlaid upon one another it becomes strikingly obvious that these two men are exactly the same person.
PHOTOGRAPHIC OVERLAY OF BRUSHY ON BILLY
From left to right: Eyes, Most of face except mouth and cheeks, whole face, untouched Billy the Kid
PHOTOGRAPHIC OVERLAY OF BRUSHY ON BILLY 2
This version is even more dramatic. From left to right: Complete overlay with one line removed, left half Brushy/ right half Billy, right half Brushy/ left half Billy, complete overlay
When properly compared to the correct orientation of the original tintype rather than a mirror image and carefully evaluated these photos show conclusively that William Henry Roberts and William Bonny, alias Kid, alias William Antrim are the same man. The features of Roberts are quite literally an exact match including a sloping right eyebrow, an angular crooked left eyebrow, high cheekbones, mustache pattern, eye spacing and size, jawline, hairline and ears. The only difference between the two photos is that in the tintype Billy is squinting so his eyelids cover the top halves of his famous eyes. Were he to have opened his eyes, the match would be obvious, even without the overlay.
A PAGE FROM AN INTERVIEW WITH BRUSHY BILL ROBERTS, JUNE 16, 1949, AT HAMILTON, TEXAS
Captain Hughes and Captain McDonald were my friends. They didn't know I was the Kid. That was before their time. They thought Garrett had killed the Kid. It made me mad, it did. Captain Hughes later committed suicide in El Paso. I told him Garrett didn't kill the Kid, that I had seen him in South America in '93 after that shooting scrape.
I saw Brown in '82 but he didn't want anyone to know about it. Brown and Jesse Evans knew that Garrett didn't kill the Kid. I helped Jesse with money after I was on the Marshal force. Tom Pickett too. I run into Tom in Arizona. I don't remember where, but Jim and I were on the trail of a man. That is when I tal
ked to George Coe over there. He was scared to death when I walked up to talk to him. He told me to get out of the country, that a lot of my enemies were still around. He had left the country at the time I was supposed to be killed, but he was told I was killed by Garrett. I saw him again sometime in the early 1900’s. He knew I was ranching in Old Mexico, too. I was in Albuquerque and Santa Fe in the late 90's and 1900's, early. I came to El Paso all through the years. I never saw Rudabaugh after that war in Mexico. I saw Pickett, though, after that. Yes, quite a while after that.
That is a long time to recollect, my friend. I'll never forget that trial in Dona Ana, the fight at Blazer's. He was pouring it on us. Got Brewer, too. Almost got me. Also McSween's house burning, my jail break when I killed them two guards, that fight with Garrett's posse at that rock house in the Panhandle. I worked up there at times on some of those large cattle companies. I knew Bausman and another fellow. Jim East, I knew him too. He was a friend of mine. He knew Barney Mason and I were gunning for each other. Jim was all right. Garrett was all right, but some of his posse were no good. You mention some names I can't recall just now. They are in those books you saw, I guess. I gave you a list of some of those men, I did. The reason I can't forget about some of those times is that I was fighting for my life. You wouldn't forget them either, would you?
All these years I have been running and hiding when I knew I wasn't wrong. But I had to hide. Been thinking about it more since I don't have long here anymore. I want to get straightened out before I die, I do. I've been a good useful citizen and I think I deserve a break. If we have to go into court, I can still tell 'em a few things. That Ring bunch was terrible. I'm not afraid to talk if you don't let them lock me up.
That governor over there didn't do right. He made promises; then he failed to do as he said he would. I done everything I promised him to do. Now I think this governor ought to go through with the deal they made to me. I didn't have to testify against Evans and I shouldn't a done it. I helped him in '79, after that, when he couldn't help himself. He wasn't no worse than the rest of them. They were all more or less in the same boat. That Catron bunch was to blame. Not the men working for them. Don't you think so? It was just dog eat dog, that's all. I had the guts to help the Governor out. No one else would say enough to help him. I don't think I was treated right. No, no, I wasn't. Now you take that Buckshot. He was worse than any of them. He was out to get our scalp for the lousy money on our heads. He didn't fight in that cattle war. He was an outlaw before he went to that country, he was. He was a snake, he was. But he got what was coming to him that day at Blazer's place. He got Brewer, though. I hope this governor comes through on that agreement they made with me up yonder. If we have to go to court, go ahead. I talked that other time and I can do it again if I have to.
EPILOGUE
The world of Billy the Kid was one of bad men, gunslingers, corrupt lawmen, corrupt politicians, and thieves. It is incomprehensible that any of them would consider for a moment that modern men more than a century later would be diligently studying their lives. More likely, they took life one day at a time. After all, this was a period when the average life span was roughly 37 years old and daily life was by today’s standards very primitive and extremely local.
Is it so strange to think then that perhaps Billy the Kid survived? Is it so strange to consider that a local Sheriff who was elected by the corrupt members of the Catron gang, out of his jurisdiction and eager for a reward, would falsify a coroner’s jury rather than face a trial for murder after ambushing and killing yet another wrong victim in his attempt to get Billy the Kid?
When the circumstances are considered it is not so strange at all. There is no doubt the legend of the man who was known as “The Kid” has grown to the point that it has become the stuff of fantasy and not history. Likewise accepted history, so called, records innumerable stories of those that claimed to know and speak for him but whose testimonies are full of contradictions and exaggerations. Billy the Kid was not a comic book hero. He was a young man of his time and, although there is no doubt that the real Billy the Kid was a notable individual, in the end he was as human and real as the rest of us.
This has not stopped the men of his era, and after, from playing on the human desire of the masses to hear innumerable stories of daring and adventure, even if it means inventing them and turning the real life “Billy the Kid” into a character from a dime store novel. Had Billy really been killed by Pat Garret that night in Pete Maxwell’s bedroom perhaps this would have been appropriate; had William H. Roberts not revealed himself perhaps it would have been justifiable; but once Mr. Roberts came forward, with proof and witnesses to demonstrate that he was the real Billy the Kid, it should have been the duty of every honest historian to dig into his claims.
Regardless of how history has chosen, thus far, to characterize him, there is no doubt that William Henry Roberts was the same man known as William H. Bonney, Billy the Kid, The Texas Kid, Kid Hugo, and who knows how many other aliases. He simply knew too much and had too much evidence to support his claim, both then in 1950 and now in the modern era. Even his reason for coming forward is unique and understandable. In the end the evidence for Brushy is far too great for a reasonable person to deny.
Sadly, there was only one, the Harvard educated C.L. Sonnichen who seriously entertained Brushy’s claims and he was ridiculed for it. Along with Dr. Sonnichen, William V. Morrison also sought for the truth but was ostracized and criticized as well.
Today, however, we have new evidence and historical record that verify the most mundane aspects of Brushy’s story. In addition, we have modern photographic software that can compare with the authenticated images of the Kid with startling results. When these critical proofs are added to the already extensive burden of evidence that Sonnichen, Morrison, and Roberts presented there can be no doubt that William H. Roberts was the one and only Billy the Kid and no one else even comes close to filling his shoes.
To a seeker of the truth it is fascinating to know the real story of Billy the Kid. A man who had some amazing exploits, but was also just a man. He married, he stayed in touch with his close friends, and he even did chores for his wife just like the rest of us. He had said he never wanted to die by the bullet and that he was not born to hang, and he was right. Regardless of all the naysayers and men who tried their best to cause it to be otherwise, Billy died a free man.
It has been said that the living write history and not the dead. But when one comes back from the dead, so to speak, that which was forever lost to history is recovered. This is the case with Billy the Kid. He did indeed return from the dead and he shared his story with all of us. In many ways his story is a story of redemption. Although he had many regrets along the way, he defied the efforts of some to make him into an outlaw and rewrite history in their favor. In the end he survived, lived to a ripe old age, and even got a chance to tell his story to the world, a story that finds new evidence and support with every passing year as more and more people begin to dig for the truth.
Rest in Peace, Brushy, and thank you for straightening out this mess once and for all.
Daniel A. Edwards
Appendices
THE FOLLOWING pages contain transcripts of legal documents, letters, and other papers bearing on the career of Billy the Kid in New Mexico. They establish many pertinent facts about what actually happened at the end of Billy's career as an outlaw.
To show what may be deduced from these records, take the application for change of venue (Appendix B). District Attorney Rynerson filed the motion—not Billy himself, as is sometimes stated. It is not improbable, therefore, that Billy walked out of the Lincoln jail because he thought he was being railroaded, just as Brushy Bill Roberts said.
A
'All GOVERNOR WALLACE S PROCLAMATION OF AMNESTY, 1878
Nov. 15
Proclamation of Amnesty for Lincoln County Disorders
356
Proclamation by the Governor
For the
information of the people of the United States, and of the citizens of the Territory of New Mexico in Especial, the undersigned announces that the disorders lately prevalent in Lincoln County in said Territory have been happily brought to an end. Persons having business and property interests therein, and who are themselves peaceably disposed, may go to and from that County without hindrance or molestation. Individuals resident there, but who have been driven away or who from choice sought safety elsewhere, are invited to return, under assurance that ample measures have been taken and are now and will be continued in force, to make them secure in person and property.
And that the people of Lincoln County may be helped more speedily to the management of their own affairs, as contemplated by law, and induce them to lay aside forever the divisions and feuds which by National Notoriety, have been so prejudicial to their locality and the whole Territory, the undersigned by virtue of authority in him vested, further proclaims a general Pardon for misdemeanors and offenses committed in the said County of Lincoln against the laws of the said Territory, in connection with the aforesaid disorders, between the first day of February, Eighteen hundred and Seventy Eight and the date of this Proclamation.
And it is expressly understood that the foregoing Pardon is upon the conditions and limitations following: It shall not apply except to officers of the United States Army stationed in the said County during the said disorders, and to persons who, at the time of commission of the offense or misdemeanor of which they may be accused, were with good intent, resident citizens of the said Territory, and who love hereafter kept the peace and conducted themselves in all respects as become good citizens. Neither shall it be pleaded by any bar of conviction under indictment now found or returned for any such crimes or misdemeanors, nor operate the release of any party undergoing pains and penalties consequent upon sentence heretofore had for any crime or misdemeanor.
Billy the Kid: An Autobiography Page 14
