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Pardoning Billy the Kid...Why People Thought He Should Be---Do You?

  Author:  55967  Category:(History) Created:(12/31/2010 2:45:00 PM)
This post has been Viewed (3720 times)

This is a complement to Larry's post about the current Governor of New Mexico thinking about pardoning Billy the Kid.

It is here: http://unsolvedmysteries.com/usm534152.html?t=News

A great post on the current news pertaining to BTK.

What I think most people don't know, though, is why this issue is up. Something happened in the Kid's life to make people think he should be pardoned. Here is what happened. Let me know what you think afterward.

Billy the Kid was a participant in the Lincoln County War, a conflict where many crimes were committed on both sides. The participants saw themselves as soldiers fighting for their side, but the law and the government saw them simply as outlaws, and more so on Billy’s side. The other side had more of a political backing.

After the war, Billy basically had two standing enemies. One was some of the participants of the other side that still hated him and still wanted him dead. The other was the law, which put out warrants for his arrest. There was a brief period in his life right after the war where he seriously tried to make up with both.

First, he put out the word that he wanted to meet with some select men from the other side, ones he was friends with before the war, became enemies with during the war, and now wanted to be friends with again. One was a man named Jesse Evans, a gang leader himself and cold-blooded killer. Jesse agreed to meet with Billy.

They met in a saloon in Lincoln to talk about events and reconcile their differences. Both brought along men with them. They did reconcile, and as the story goes, even went as far as to write up and sign a peace agreement between themselves.

To celebrate, Jesse and his men began drinking heavily. Actually, they probably already were during the negotiations. Billy, not being a big drinker, did not drink.

The celebration lasted quite some time, and finally took to the street. They went out shooting into the air, harassing people, and basically just being idiots. Billy followed more quietly behind them as they came upon a lawyer who was currently fighting for compensation for Susan McSween, the wife of another lawyer on Billy’s side of the war. The Jesse gang stopped Lawyer Chapman, who only had one arm, and asked him if he could dance. The man refused to answer and tried to keep walking. Jesse shot him in the chest, killing him. After that incident, Billy left and, as far as we know, didn’t come into contact with Jesse again.

During this time, he sent several letters to Governor Lew Wallace, asking to explain his side, and asking if there is any room for clemency. His basic wish at this time was to settle down with another Regulator, Charlie Bowdre, and have a small ranch and perhaps even a stage coach stop.

The Governor returned his request giving him a time and place to meet. It would be at the back room of Squire Green Wilson’s house, which faced the mountain, so the Kid could come in from the mountain and not be seen by anyone in the streets. The Kid agreed.

Billy did not do much talking during that time. He was not able to talk much about his own side. The Governor did most of the talking, because after Billy sent him the letters, he found a certain use for the young outlaw. Wallace knew of the Chapman murder, and wanted justice done for it. He also knew Billy was there. He simply gave Billy a deal. Testify against Jesse Evans, “…and go scot free with a pardon in your pocket for all of your misdeeds.” The Kid agreed.

In the meantime between that meeting and when the trial was to take place, Billy wrote again to the Governor. He was paranoid of his enemies from the war and from Jesse’s many friends. He even stated he was afraid of being poisoned. He asked the Governor to send deputies to a hide out he would disclose to him and to put him under arrest in a mock arrest, so that the rest of the world thought he was caught and was being forced to testify or get the extreme penalty. That way, he wouldn’t look like a turncoat with a special deal with the government. Which he was.

So the Kid was arrested and he testified against Jesse. What happened, though, was that the defense for Jesse pretty much tore up and threw out Billy’s testimony. He simply asked the jury if they are about to believe a former enemy in the war and an outlaw with “enough warrants to plaster him from head to toe.”

Before the jury could convene on the decision though, Jesse was broke out of prison by his friends and escaped. The trial, then, was moot.

For some time after that, Billy still sat in the jail. He contemplated what just happened. His mission for the Governor went wrong and failed. Now he sat where a lot of people wanted him. COULD the Governor still give him a pardon? Would it be politically feasible for him to do that? All answers pointed to no. When the Governor didn’t make any move, and the Kid heard he would possibly be transferred soon for his own trial, he panicked and fled. It was easy to do since his incarceration was not a real one, and the guards were not really watching him too much.

One of the mysteries to this whole episode is whether Governor Wallace would have given Billy a pardon since he did promise one, even though the testimony became moot. No one knows.

All we know is Wallace’s feelings toward the Kid a few years later. After leaving that jail, Billy went back to a life of crime. When Pat Garrett finally caught him, Billy wrote many letters to the Governor, pleading him to keep his previous promise. Wallace was heard to say that he would never pardon “a fellow like that.”

This is the crux of whether Billy deserves a pardon now or not.

I believe he would have deserved one if he had stayed out of trouble after he left the jail. But he didn’t. He was a criminal. He fell back on the old promise years later after he was caught again. That was not right. So no, I don’t think he deserves one now, even if Wallace was snookering him.

Like Larry’s post said, it would also be a slap in the face to the Garrett family. Pat risked his life bringing in the Kid. He did a service to his community. He deserves to keep that status, and the Kid deserves to keep his status.

What do you think?





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Replies:      
Date: 12/31/2010 3:53:00 PM  From Authorid: 53427    I think I agree with you, if he'd kept his life clean and not went back to a life of crime, then the pardoned would be deserved. Billy the Kid was very young when he died wasn't he? Like very early twenties. I admit I don't know much about the Lincoln County War. I'm going to look in on the subject. I homeschool my kids, and my son especially is a history buff. This would be an interesting subject for us to study about. Thanks for the post!  
Date: 12/31/2010 5:01:00 PM  From Authorid: 64365    Nah...intentional criminals never gained my respect. If he had ever endeavored for rehabilitation with visible effort, maybe...and that's a very weak maybe...but he was what he was and by choice, so even though I really don't see what difference it makes one way or the other because he got what he deserved I think a pardon at this stage of the game is just downright foolish, idiotic, and a waste of time. What I really want to know is why it was even an issue in the first place.  
Date: 12/31/2010 5:08:00 PM  ( From Author ) From Authorid: 55967    Thanks, Snookums. Actually, people don't really know his exact age. History teaches that he was 21, but that was based on his first "biography" by Pat Garrett ghost written by Ash Upson, who definitely took liberties. He even used his own birthday month and day for the Kid's, and said he was born in 1859, which would make him 21. Many think he had to have been even younger because his school pictures and history don't add up to him being as old as 21. They think Pat wanted him that old because it would show that he hunted down and killed a "grown man" rather than a younger teenager.  
Date: 12/31/2010 5:11:00 PM  ( From Author ) From Authorid: 55967    Thanks Nani. As I said also in Larry's post, I, too, think it is silly to pardon any man a hundred and thirty years or so after he died. What difference does that make to him? None. There are two reasons people bring this up. One, I think, is for publicity. People in the area want to keep up the popularity of their local outlaw, and keep bringing up things about him to turn people's interest back to him. The other reason is that, believe it or not, there are real Billy the Kid people out there who take his life very seriously and devote a lot of time into investigating it, finding new things about it, and looking at it from every angle possible. It is a hobby to most, but some still make money off of new books and such.  
Date: 12/31/2010 5:13:00 PM  ( From Author ) From Authorid: 55967    These Billy the Kid people want to simply make sure their subject gets the treatment due to him, so some keep bringing up this subject and the fact that a governor of New Mexico once promised him a pardon.  
Date: 12/31/2010 7:34:00 PM  ( From Author ) From Authorid: 55967    I seriously think that every governor that starts a term in New Mexico is lobbied to give Billy a pardon. Another governor almost did back in 1950.  
Date: 12/31/2010 11:21:00 PM  From Authorid: 53427    Whats crazy to me is that Frank James was acquitted of all his crimes and lived to a ripe old age. I remember the picture where he was charging admission to the old James homeplace. Sorry thats off subject, but it reminded me of the other. There was such a thin line between the good guys and the bad back then. Their lives and crimes were romanticized and people admired them. That is until they became the unlucky victims.  
Date: 12/31/2010 11:40:00 PM  From Authorid: 5940    I was interested in the news article enough to make a post, and never thought that it would gain this much interest. However, I always wonder about the evidence, witnesses or provanance to stories fron the era known as "The Wild West". And as the Govenor of New Mexico had concluded, there really was'nt much that he could go on to give this pardon. This is why it is important to seperate the myths from facts. I appreciate this post because we do not know all of the facts, but we do know that "The Kid" did not stay on the straight and narrow. Good post!  
Date: 1/1/2011 9:26:00 AM  From Authorid: 64747    That was a great post, thank you for sharing. I do love me some History =)

And I agree with everyone, if he had stayed out of trouble and got on with life then he would have deserved it, but the fact that he fell back to being a criminal doesn't give him the reason to get a pardon.
  
Date: 1/1/2011 10:55:00 AM  ( From Author ) From Authorid: 55967    Snookums, I remember that story, and I have always said that Frank James was the luckiest famous outlaw of the West. And yeah, there was a LOT of gray back then in that area, and not many pure white hats or pure black ones. That came with the early movies about the West. I believe it was romanticized so much because one, it was a new land we were venturing into, one ripe for good stories to send back east, and also, it was the age of yellow journalism, the type that sensationalized many things. Life was hard back then in that area, and life was usually seen by most as a more casual thing than we could ever see it today, meaning people were not afraid to die and were not as moved when someone else died, but the wild stories created heroes bigger than life and villains bigger than life.  
Date: 1/1/2011 10:57:00 AM  ( From Author ) From Authorid: 55967    Thanks, Larry. I'm glad you liked it. And like I said to Snookums, I believe that the stories came from germs of truth of their hard living, the adventure of new lands for people to read about back east, and yellow journalism.  
Date: 1/1/2011 10:58:00 AM  ( From Author ) From Authorid: 55967    Thanks, Irish Lass. Glad you liked it. Did you know that Billy the Kid was Irish? Yep. He sure was.  
Date: 1/1/2011 10:58:00 AM  ( From Author ) From Authorid: 55967    His real name was either William Henry McCarty, or just Henry McCarty. The debate is still out on that.  
Date: 1/1/2011 11:16:00 AM  ( From Author ) From Authorid: 55967    Snookums, I just reread your last two lines of your last comment, and I have to say that I've seen that too. When an outlaw is successful, people admire him. It's when he loses, becomes a victim, or some such thing that people turn around and lose interest. Seems that no matte what you do, if you're successful, you'll have admirers.  
Date: 1/1/2011 9:28:00 PM  From Authorid: 21903    I couldn't figure out why he WOULD be pardoned so thanks for enlightening me! As for my opinion...really no solid proof he was ever going to be pardoned so its just his word as far as I see and I also agree that since he went back to a life of crime, he blew his chance at being pardoned anyways.  

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