Tag Archives: New Mexico History

Billy the Kid (Volume 4, Episode 3) Part One

Although he never robbed a bank or a train, never fought a traditional duel and didn’t drink, Billy the Kid remains one of America’s most notorious outlaws.

The only authenticated photo of Billy the Kid, taken in 1880

Over one hundred films have portrayed him in various scenarios ranging from predictable western themes to plots even involving Count Dracula.  He is the subject of music composed by the likes of Aaron Copland, Bob Dylan and Billy Joel.  Dead at the age of twenty-one, the Kid’s exploits were national news in his own lifetime, despite the reality that he was essentially a nineteenth century gang member, who merely possessed a penchant for dramatic and occasionally violent escape.

John Tunstall

Tunstall’s father was a successful merchant with interests in Canada and his son emigrated to the southwestern US, believing that the rapidly growing area had unlimited economic potential.  Settling in Lincoln County, Tunstall, only 22, partnered with Alexander McSween, a Canadian lawyer and former employee of The House.  Together they opened up a business and bank in Lincoln that competed directly with Dolan and Murphy.  This newly established entity’s other partner was John Chisum, one of the wealthiest ranchers in the southwest.  His herd of cattle numbered over 100,000 and ranged over New Mexico property that covered over 150 miles.  Tunstall offered cheaper prices and ethical business practices to the citizens of Lincoln and by early 1878, the House was headed for economic ruin.

Alexander McSween

A lawyer, Alexander McSween, became involved in complicated litigation over proceeds of a life insurance policy that he eventually obtained for his client.  But, because this money involved one of Dolan’s business partners, McSween did not want to release it, presuming that Dolan would eventually gain control of the cash.  This resulted in one of the heirs filing both criminal and civil charges of embezzlement against McSween.  This matter was litigated in the nearby town of Mesilla and while McSween was able to postpone any criminal charges, he left the proceeding before being informed that the judge had issued a writ attaching his property for the sum of 10,000 dollars.  Dolan, also present in Mesilla, quickly returned to Lincoln ahead of McSween and had Brady the Sheriff form a posse and occupy McSween and Tunstall’s property.

Sheriff William Brady

For years, two merchants, Lawrence Murphy and James Dolan, operated a large store in the center of Lincoln, New Mexico.  This establishment was a monopoly that gouged the locals for basic necessities and clothing and was known negatively as “The House.”  Dolan and Murphy, Civil War veterans, also used their military contacts to provide beef for nearby military installations, a trade marked by shady practices and stolen cattle.  Any local residents who even thought of competing were intimidated by The House’s known connections, not only to Jesse Evans and The Boys but even to the County Sheriff, William Brady.

One of two Billy the Kid headstones in Fort Sumner, New Mexico

In 2004, a legal fight over an attempt to exhume the bodies of both Billy the Kid and his mother went nowhere, stoking even more rumors that the purported grave of Billy the Kid is actually empty, a secret the town fathers would just as soon you not know.  The graveyard, Pete Maxwell’s house and much of Fort Sumner was rearranged when the Pecos River decided to alter its course over time.  However, the town cemetery today contains not one but two markers devoted to Billy the Kid, both additions installed long after his original burial.

Billy The Kid (Volume 4, Episode 3) Part Two

He never robbed a bank or a train and never fought a traditional duel but Billy the Kid remains one of America’s most notorious outlaws.

Sheriff Pat Garrett

Garrett was an acquaintance of Billy the Kid, he had even tended bar in Fort Sumner’s most popular saloon.  6’ 6”, and powerfully built, Garrett ran as an alternative to the current lawlessness in Northern New Mexico.  Federal authorities were also intent on cracking down on rampant counterfeiting through the efforts of Treasury Agent Azariah Wild, transferred to New Mexico from New Orleans.  Wild eventually deputized Garrett, as well as other locals, including Bob Olinger, to aid him in the pursuit of individuals believed involved in this scam, including Billy the Kid.  In late 1880, robbery of the US Mail wagon in the Fort Sumner area was tied to the Kid as well.  This behavior shredded the tolerance of many Fort Sumner area residents, who increasingly viewed Billy the Kid as a lawless menace, necessitating apprehension.  His notoriety was discussed in the region’s newspapers, infamy that was eventually written up in the New York Sun, the first publication to designate him with the nickname, “Billy the Kid.”

General Lew Wallace, during the Civil War
President Rutherford B Hayes replaced Governor Axtell with Civil War General Lew Wallace, a bureaucratic and military jack of all trades who immediately issued a general pardon to those not indicted as well as a proclamation to allow the military to vanquish “insurrection.”  This allowed soldiers greater leeway to intercede in the civil disputes that gripped Lincoln County. 
Deputy Bob Ollinger

As Bob Olinger opened the gate at the side of the structure, he heard a voice coming from the nearest window on the second floor.  Looking up, the last thing he ever saw was Billy the Kid holding Olinger’s own gun, the shotgun that the deputy repeatedly taunted Billy with.  Billy the Kid poked the weapon out of the window and after greeting his jailer by simply stating “Hello, Bob,” he pulled the triggers on both barrels.  Olinger was killed instantly by the massive blast.

Lincoln County Courthouse
Arriving in Lincoln on April 21, Billy the Kid was lodged not in the notoriously insecure town jail but in the newly designated county courthouse, the building formerly housing the Dolan-Murphy store run by The House.  Shackled and handcuffed, Billy was to be under constant guard in a room next to Pat Garrett’s office. 
The second of two grave markers for Billy the Kid in Fort Sumner, New Mexico

Billy the Kid (Volume 4, Episode 3) Book and Music Information

The two books used to produce this podcast included: “Billy the Kid: A Short and Violent Life,” by Robert Utley and “To Hell on a Fast Horse: The Untold Story of Billy the Kid and Pat Garrett,” by Mark Lee Gardner.

The music used in this episode was in order: “Oh, Fire,” by Carmen Maria and Edu Espinal, “Jah Jah Bangs,” by Quinqas Moreira and “Leaning on the Everlasting Life,” by Zachariah Hickman