Controversy

Why was no gun found on Billy?  Why no public display and viewing of the body, as was common in those days if the person gunned down was an outlaw?

There have been many debates, stories, and opinions fostered over the years. Several men stepped forward claiming to be Billy the Kid, stating that Pat Garrett did not shoot and kill the Kid that dark night over a hundred years ago.

In 1948, probate investigator William V. Morrison went to Florida to clear up an inheritance dispute of a man named Joe Hines.  During the interviews, it was determined that Joe Hines was Jesse Evans, a Lincoln County War survivor and an old acquaintance of Billy the Kid.  Evans told Morrison that Billy the Kid was not shot by Garrett; the Kid was alive and living in Hamilton County, Texas, as Ollie L. “Brushy Bill” Roberts.

Evans also informed Morrison that Jim McDaniels, a former member of the Jesse Evans Gang, was alive and living in Round Rock, Texas.

Morrison found McDaniels in Round Rock and McDaniels told him that during the Lincoln County, New Mexico war, he had fired twice at Bob Olinger and his deputy.  The first bullet ricocheted off the wall, and the second bullet killed the deputy.  He also confirmed Evans’ story, that Billy the Kid was alive and living in Hamilton County, Texas.

In June 1949, Morrison visited Brushy Bill.  Brushy Bill said he was born William Henry Roberts on December 11, 1859 in Buffalo Gap, Texas.  He took the name of his cousin Ollie Roberts after his cousin died.  Brushy Bill admitted that he was Billy because he wanted to pursue the pardon Governor Wallace had promised him in 1879, and be pardoned for his crimes before he died.

Morrison agreed to help him obtain the pardon once Brushy Bill proved he was Billy the Kid.  As part of his proof, Brushy Bill pointed out twenty-six bullet and knife scars on his body that matched the locations of wounds Billy the Kid supposedly had.  Brushy demonstrated his double-jointed wrist, which had allowed him to slide the handcuffs off.

Morrison felt the stories and details Brushy Bill told him of events that took place between 1877 to 1881 were true.  In 1949, Morrison was able to obtain signed affidavits of one-time friends of Billy’s -Severo Gallegos, Martile Able and Jose Montoya - all swearing that Brushy Bill was Billy the Kid.

On November 15, 1950, Morrison filed for the petition for the pardon promised Billy in 1879.  Thomas J. Mabry, the current governor agreed to a private hearing to be held on November 29th with Morrison, Brushy Bill, and two historians of the Governor’s choosing in attendance.

Governor Mabry did not keep his promise of a private hearing, and on the morning of the 29th, Brushy Bill and Morrison read of the meeting in the local newspaper.  The “private” meeting was a media circus, with photographers, reporters, armed policemen, Oscar and Jarvis Garrett (Pat’s sons), Arcadio Brady (William Brady’s son) and historians William Keleher, E. B. Mann, and Will Robinson.

When they questioned Brushy, it was evident that they were dealing with a shaken man.  He forgot basic information about himself, and that of the Kid.  Stating that he felt ill, Brushy was taken to another room where he was allowed to rest.  He gave the appearance of someone who had suffered a small stroke.  The Governor and his entourage had treated the interview as a joke and asked questions such as how many girlfriends had he had, did he enjoy rustling, etc.

Mabry did not give Brushy Bill Roberts a pardon for crimes committed as Billy the Kid.
On December 27, 1950, Ollie “Brushy Bill” Roberts died of a massive heart attack, leaving several questions unanswered.

Was Billy the Kid Shot in New Mexico?

There are many reasons to believe that Garrett did not shoot and kill Billy the Kid in July 1881.

     -  Deputy John Poe recanted his story that first backed Garrett.  He claimed that Garrett
        killed the wrong man. 
     -  Garrett claimed Billy had a gun but no gun was found.
     -  A P “Paco” Anaya, a resident in Fort Summer, claimed that the coroner’s report was
        false. He said Pat Garrett had ordered it written by Pete Maxwell and Manuel Abreau.
     -  Garrett claimed that Billy lay in state at Maxwell’s house and the next day a coroner’s
        inquest was held, presided over by Milner  Rudolph. Deputy Poe claimed Billy’s body
        was removed immediately. 
     -  John Poe, Jesse Silva, “Paco” Anaya, and other residents of Fort Summer claimed that
        an inquiry never took place, and was fabricated by Pat Garrett.
     -  Mrs. J H Wood, of Seven Rivers, NM, claimed to have served dinner  to Billy on
        July 17, 1881, three days after he was reportedly shot and  killed by Pat Garrett.
     -  Manuel Taylor, a boyhood friend of Billy’s, claimed to have seen  him in 1914 in
        Guadalajara, Mexico at a bullfight.
     -  John Graham, who once rode with Billy, claimed to have dug the  grave that night and
        said it was not Billy who they buried.
     -  In 1983, Elizabeth Garrett, daughter of Pat Garrett, stated that her  father did not kill
        Billy the Kid.
     -  If Pat Garrett shot and killed Billy the Kid, a wanted man with a $500 bounty on his head,
        why was Garrett unable to collect the reward?
     -  Pat Garrett, his deputies and several others that were present at the time stated that the
        body they saw was Billy’s, but, Billy who?  Brushy Bill claimed the body was that of Billy
        Barlow, a small time outlaw and relative of John Wesley Hardin and the Clements clan.
        Supposedly, the two Billies resembled each other.

 

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Special thanks to Jodi Littleton, owner of Jersey Lilly's Restaurant, for his donation of the Billy the Kid Museum to the town of Hico, and to Bukki Erwin for his photography for this website. © 2008 Billy the Kid Museum
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