Billy, They Don't Like You to Be So Free

Susana Martinez has become the second governor in a row to exploit New Mexico's most famous gunslinger, Billy the Kid.

On behalf of the state Tourism Department, Martinez is touting a new contest -- a contest with a $10,000 prize.

“Others may have considered pardoning Billy the Kid,” the governor said in a news release, referring to her predecessor, who got the state, and himself, untold tons of publicity with his consideration of a Kid pardon. Richardson masterfully milked that until his very last day in office.

“But, we’re not letting (Billy the Kid) off the hook," Martinez said. "This effort should provide New Mexicans and others with not only a chance to interact with one of our state’s most infamous historical characters, but a wonderful opportunity to enjoy all of the diverse and exciting wonders that exist in every corner of New Mexico.”

The Tourism Department has created a website where those wanting to compete can create a profile. There will be locations aroundthe state that will have clues that lead to Billy’s New Mexico "hideout." (Most historians think he's been "hiding out" in a grave at Ft. Sumner for the past 131 years, but I don't want to spoil the fun.)

"The more clues that are collected, the more information will become available as to where, when, and how the Kid can be captured," the news release says. "People can download the `Catch the Kid' smartphone application to play along, or they can play by taking pictures next to clue posters in each location throughout the state and uploading them to their profile page. The first posse to present the Kid with an arrest warrant will win a $10,000 reward."

So there you have it.

But the best thing about Billy the Kid popping up in government stories is that it gives me an excuse to post good music on this blog. Enjoy some Zimmerman:

Second NM Governor Exploits, Betrays Billy the Kid

Outgoing New Mexico Gov. Bill Richardson went on national television, Good Morning America to be exact, to announce that he wouldn't be pardoning Billy the Kid after all. He joined Territorial Gov. Lew Wallace in becoming the second governor to exploit then betray the legendary outlaw.

It should be noted that unlike, say, commercial real-estate magnate Eddie Gilbert, Billy the Kid didn't donate tens of thousands of dollars to Richardson's campaigns. (Though in fairness, Gilbert never killed two deputies in daring escape from the Lincoln County Jail either.)




UPDATE:

I meant to include this:


Governor Bill Richardson's Full Statement Regarding Billy the Kid

Billy the Kid is not dead.


He was shot through the chest on the night of July 14, 1881 by one of the most famous lawmen of the American Old West. His body fell to the floor, glass-eyed and lifeless. His corpse was buried where it expired, at Fort Sumner, New Mexico, where it lays in a lonely grave to this day -- a just and lasting epilogue to a life spent pillaging, ravaging and killing the deserving and the innocent alike.


Yes, Billy the Kid was killed by Pat Garrett in 1881. But The Kid is not dead. Not by a long shot.


He remains very much alive in the culture, history and imaginations of the public to this day. Not just in New Mexico but throughout the country and around the world. This is the message I received during the recent ten days of public comment on the issue of whether or not a pardon was promised but never granted the Kid by territorial governor Lew Wallace, and if so whether I should fulfill such for Henry McCarty/Henry Antrim/William H. Bonney, a/k/a “Billy the Kid.”


On its surface the question before me is rather simple: Did my predecessor, Governor Lew Wallace, promise a pardon to The Kid for past deeds in return for the latter’s testimony in a particularly notorious murder trial? If so, and given the fact that The Kid did provide that testimony at great peril to his own life, why was that promise not fulfilled? Should it be? Pretty simple. But as is often the case, what appears simple on the surface can be complex in the depths.


____________________________


If a pardon was offered, it was targeted at The Kid’s alleged role in the death of William Brady, a sheriff in southern New Mexico. It was specific in scope and not prospective. This is a crucial point, as the pardon offer did not cover subsequent events in Billy’s life such as his killing of two deputies at the Lincoln County Courthouse. No “blanket pardon” for Billy the Kid was, or is, under consideration.


Having said that, and while there is no “smoking gun” in the form of, say, a written letter from Wallace to Bonney specifically offering a pardon, a growing preponderance of evidence leans in that direction. This includes subsequent letters from Bonney to Wallace imploring him to ‘keep his end of the bargain;” statements and testimony from those with first hand knowledge of the case; media accounts of the day; and published interviews in which Wallace himself seems to confirm this arrangement, or at least his indication to Bonney that a pardon was in the offering. Much of this material is housed in the New Mexico state archives. This is coupled with the fact that there was no pronounced outcry from Wallace when these accounts appeared in the contemporary media, a difficult-to-explain curiosity had Wallace never made that promise.


It’s also known that Governor Wallace granted amnesty to other violent criminals of the day including murders, cattle rustlers and highway robbers, in an attempt to bring an end to the bloodshed of the Lincoln County Wars. So it is in keeping with Wallace’s prior actions that he would offer a similar pardon to The Kid. This is even more compelling given the extreme danger to The Kid for what he was being asked to provide. Namely, damning testimony against members of the murderous Dolan gang in a trial for the killing of a one-armed lawyer named Chapman. And Billy did provide that testimony, clearly indicating he expected something of great value in return. Given that other than personal vendettas, the overriding threat facing him at that time was the indictment for the Brady killing, the only thing of that value would have been the removal of the threat of prosecution regarding Brady -- i.e. a pardon.


All of this strongly indicates that a pardon was in play. Even many strident opponents of a pardon concede this point.


______________________________




So the evidence indicates a pardon was offered to The Kid but never delivered. Pardons were granted to comparable rogues by Governor Wallace. The Kid did testify in the Chapman murder case at great personal peril. In other words, Billy, at least, did his part. It seems pretty simple.


However, pardons are serious business. History is serious business. If one is to re-write a chapter as prominent as this, there had better be certainty as to the facts, the circumstances and the motivations of those involved. While I believe Governor Wallace did promise The Kid a pardon – and The Kid did keep his end of the deal – I don’t know exactly why the pardon was never granted. Who knows what the specifics of their arrangement were? Who knows for sure what, exactly, was promised? Maybe there was more to the deal than just the testimony. Or maybe there were conditions of the pardon being issued that The Kid violated. The point is, I don’t know for sure. No one does. And then there’s the fact that The Kid killed two more lawmen while escaping capture. That has to weigh in the decision.


Therefore I am not in a position at this time to issue a pardon for Billy the Kid. History lives on.

Good Morning, Billy

This just in from the Governor's Office:


SANTA FE- Gov. Bill Richardson will announce his decision regarding a pardon of Billy the Kid tomorrow, Friday, December 31st live on ABC's Good Morning America. The announcement is expected at approximately 7:10am ET/5:10am MT.

5:10 AM? On a holiday?!?!?!?!?!?!


Oh well ... Enjoy this exciting scene from the motion picture classic Billy the Kid vs. Dracula

I Beg Your Pardon

It's official. Billy the Kid now has better poll numbers than Gov. Bill Richardson.

Does any online betting site have odds on the chances of the pardon?




Here's a great, if historically inaccurate song by Joe Ely

Billy You Been Running For So Long ...

The ghost of Billy the Kid once more roams the Roundhouse. Gov. Bill Richardson might be in North Korea, but his heart apparently is on the dusty trail with the Kid.

The Governor's Office just announce that it's received an application for a pardon of the West's most famous outlaw.

It's from Albuquerque criminal lawyer Randi McGinn, who, according to the news release, "was designated to review both the history and prior petitions to ascertain whether there was sufficient basis for the matter to be seriously considered. Ms. McGinn, a New Mexico resident and western history enthusiast, agreed to undertake this voluntarily and at no cost to taxpayers. After concluding her review, Ms. McGinn submitted a formal petition on December 14, 2010."

In the petition, McGinn writes, ""A promise is a promise and should be enforced. It is particularly important to enforce promises and deals made by government officials, law enforcement officers or the governor of a state made in exchange for a citizen risking his life to testify against a criminal who committed murder."

Such a promise was made by Territorial Gov. Lew Wallace to Billy in exchange for his testimony in a trial related to the bloody Lincoln County War.

Richardson will be accepting written comments about the proposed pardon until Dec. 26. Between then and New Year's Eve, he'll make his long-promised decision.

Application for Pardon Henry McCarty AKA Billy the Kid 12-14-2010 (1)

While we wait for that fateful decision, enjoy a great version of my favorite Billy song.

Roundhouse Roundup: Billy the Kid Rides Again

A version of this was published in The Santa Fe New Mexican
July 15, 2010


Billy the Kid died 129 years ago Wednesday. But his restless spirit had to be stirring.

Author Mark Lee Gardner wrote Wednesday in the Los Angeles Times about Billy. Gardner, whose book To Hell on a Fast Horse: Billy the Kid, Pat Garrett, and the Epic Chase to Justice in the Old West wrote about Territorial Gov. Lew Wallace’s infamous broken promise to Billy.

Wallace had said he’d pardon the Kid for his role in shooting Lincoln County Sheriff William Brady if the young outlaw would testify before a grand jury investigating another murder stemming from the Lincoln County War. The Kid testified, but Wallace never granted the pardon.

Subsequent to his testimony, he was tried and convicted of Brady’s murder. As he was awaiting hanging in the Lincoln County jail, he escaped, killing two deputies in the process. Less than three months later, on July 14, 1881, Sheriff Pat Garrett shot and killed Billy in Fort Sumner.

Gardner also talked about nearly forgotten promise by New Mexico’s current governor. “In 2003, New Mexico Gov. Bill Richardson announced that he would consider making good on Wallace's promise and issue a pardon for Billy,” Gardner wrote. “Richardson's announcement came in the midst of international media attention over a modern-day forensic investigation looking into the circumstances of the Kid's death. But as the hoopla subsided, so did the talk of a pardon.”

I was at that press conference. There Richardson announced new scientific investigations including testing the DNA of the remains of the Kid’s mother, who is buried in Silver City, as well as those of a Texan who claimed to be Billy.

Richardson the state would hold a series of mock trials around the state related to Billy the Kid’s death and various crime.

But this never came to be. The theory that “Brushy Bill” Roberts of Hico, Texas — who died in 1950 — might actually be Billy had been discredited years before. Residents of Fort Sumner and Silver City pushed back hard against plans to exhume Billy and his mother.

Richardson’s investigations, the mock trials and the possible pardon seemed to dry up and blow away.

But on Wednesday, Gardner wrote, “Now the governor, whose term expires in January, is reportedly again giving serious consideration to Billy's pardon.”

Could this be? Is there a new move on the Fourth Floor for a Billy pardon? Nothing new, said Richardson spokeswoman Alarie Ray-Garcia. “The Governor has always said that he may consider making good on Governor Wallace’s promise to Billy the Kid.”

Billy's headstone in Ft. Sumner

I guess we’ll find out sometime before Dec. 31.

The Billy hoopla: Most agree that Richardson’s Kid stuff was a bid for publicity in 2003. It worked. The story ran in media outlets all over the world. I personally received several emails with various theories, including one from a gentleman who suggested Billy’s body was claimed as a medical cadaver in Las Vegas, N.M. and his head placed in a jar of formaldehyde. Nobody ever produced that jar.

There also were several books published. Columnist Jay Miller in 2005 published a scathing book of his columns about the matter called Billy the Kid Rides Again: Digging for the Truth. Last year Gale Cooper, who had written a novel about Billy, published an even more critical Mega Hoax: The Strange Plot to Exhume Billy the Kid and Become President.

But my favorite book title sent to me during the exhuming Billy period has to be a 2005 novel called My Erotic Adventures with Billy the Kid by Pamela Brown.

They don’t write obits like this anymore: While going through old e-mails for this column, I came across Billy the Kid’s obituary published in July 1881 in a paper called The Santa Fe Democrat (an old rival of The New Mexican)

“No sooner had the floor caught the descending form, which had a pistol in one hand and a knife in the other, than there was a strong odor of brimstone in the air, and a dark figure, with the wings of a dragon, claws like a tiger, eyes like balls of fire, and horns like a bison, hovered over the corpse for a moment, and with a fiendish laugh, said, ‘Ha! Ha! This is my meat!’ and then sailed off through the window.”