SinisterCrimes

Outlaws · Murder · United States · 1878–1881

Billy the Kid

Convicted of killing a sheriff, Billy the Kid shot his way out of the Lincoln jail in 1881. Eleven weeks later Pat Garrett found him in a dark bedroom.

Killed before trial Convicted; killed after escaping

Billy the Kid: The only surviving authenticated portrait of Billy the Kid . This tintype portrait sold at auction in June 2011 for...
The only surviving authenticated portrait of Billy the Kid . This tintype portrait sold at auction in June 2011 for USD $2,300,000 to William Koch . (1879 or 1880 date...) unattributed, possibly a traveling photographer who came through..., Public domain, via Wikimedia Commons

The case

On the evening of 28 April 1881 the only prisoner awaiting the gallows in Lincoln, New Mexico, was being held on the upper floor of the county courthouse. He was twenty-one, shackled and handcuffed, and due to hang in two weeks. Within minutes both of his guards were dead and he was sitting a horse in the street. Accounts say he took an hour to cut through his leg irons, and nobody tried to stop him.

He was born Henry McCarty in New York City in 1859; the exact day is disputed. His widowed mother took him west and married William Antrim in Santa Fe in 1873, and when she died of tuberculosis in Silver City the following year, the boy was fourteen and on his own. His first arrest was for stealing clothes from a Chinese laundry. He slipped out of jail, drifted into Arizona as a ranch hand and horse thief, and in August 1877 shot the blacksmith Francis Cahill in a saloon brawl at Bonita. By the end of that year he was calling himself William H. Bonney.

Back in New Mexico he went to work for John Tunstall, a young Englishman whose ranch and store, run with the lawyer Alexander McSween, challenged the merchants Lawrence Murphy and James Dolan, who had long controlled Lincoln County's trade and its official contracts. On 18 February 1878 members of a sheriff's posse sent to seize Tunstall's livestock shot him dead on the road. His cowhands, Bonney among them, formed the Regulators and set out to avenge him with warrants of uncertain legality. On 1 April they ambushed Sheriff William Brady and Deputy George Hindman in Lincoln's main street, killing both. The feud ended in July with a five-day siege at McSween's house, which burned; McSween was killed and Bonney escaped through the gunfire.

In 1879 Governor Lew Wallace, whose amnesty for the war did not cover men already indicted, met Bonney secretly in Lincoln. The young man agreed to testify about a separate murder in return for clemency, allowed himself to be arrested, and gave his evidence. The local prosecutor would not let him go, and in June he walked out of custody. Through 1880 he lived around Fort Sumner as a rustler. Pat Garrett, a former buffalo hunter elected sheriff that November on a promise to end the trouble, pursued him through the winter, and on 23 December 1880 captured him and three companions at a stone hut at Stinking Springs after Charlie Bowdre was shot.

In April 1881 Bonney was tried at Mesilla for the murder of Sheriff Brady. He was found guilty, the only conviction that came out of the Lincoln County War, and Judge Warren Bristol sentenced him to hang on 13 May. He was returned to Lincoln under guard of deputies James Bell and Bob Olinger. With Garrett out of town and Olinger across the street with other prisoners, Bonney asked to use the outhouse, slipped a cuff on the stairs on the way back, and shot Bell with the deputy's own revolver. He then took Olinger's shotgun from the armoury and shot Olinger from the upstairs window as he ran back toward the jail.

He did not leave the territory. He went back to Fort Sumner, where he had friends. Garrett heard as much, rode there with two deputies, and around midnight on 14 July 1881 was in Pete Maxwell's dark bedroom questioning him when Bonney came in. According to the standard account, the Kid asked in Spanish who was there, and Garrett, recognising the voice, fired twice. The first shot struck him in the chest and killed him. A coroner's jury identified the body the next day, and he was buried in the old military cemetery at Fort Sumner beside Bowdre and Tom O'Folliard.

Garrett had trouble collecting the $500 reward and faced talk that he had shot an unarmed man without warning. He answered with a ghostwritten book, The Authentic Life of Billy, the Kid, in 1882. It sold few copies but supplied much of the legend that followed.

The victims

John Tunstall was born in London in 1853 and had come to New Mexico to build a ranching and mercantile business; his death at twenty-four set off the Lincoln County War. William Brady was born in County Cavan, Ireland, in 1829, came through the Great Famine as head of his family and emigrated in 1851, enlisting in the US Army almost on arrival. After years of frontier service he settled in Lincoln County, where as sheriff he was aligned with the Murphy-Dolan faction. James W. Bell was a former Texas Ranger who had come to New Mexico as a prospector and settled into mining around White Oaks before serving as a deputy. Bob Olinger, also a deputy, had been on the opposing side of the feud from Bonney. The Kid was also accused of the deaths of the blacksmith Francis Cahill in Arizona, Joe Grant at Fort Sumner and Deputy James Carlysle at the Greathouse ranch, though in Carlysle's case it was never settled who fired.

Timeline

  1. Henry McCarty, later William H. Bonney, is born in New York City.

  2. His mother dies of tuberculosis in Silver City, New Mexico Territory.

  3. He shoots the blacksmith Francis Cahill in a saloon at Bonita, Arizona Territory; Cahill dies the next day.

  4. John Tunstall is shot dead by members of a sheriff's posse, beginning the Lincoln County War.

  5. The Regulators kill Sheriff William Brady and Deputy George Hindman in Lincoln.

  6. McSween's house burns on the last day of the battle in Lincoln; McSween is killed and Bonney escapes.

  7. Bonney meets Governor Lew Wallace secretly in Lincoln to discuss testimony in exchange for clemency.

  8. Still held after testifying, he leaves custody in Lincoln.

  9. Pat Garrett's posse captures Bonney at Stinking Springs after Charlie Bowdre is killed.

  10. Convicted at Mesilla of Brady's murder, he is sentenced to hang on 13 May.

  11. He escapes from the Lincoln courthouse, killing deputies James Bell and Bob Olinger.

  12. Garrett shoots him dead around midnight in Pete Maxwell's bedroom at Fort Sumner.

  13. Garrett's ghostwritten The Authentic Life of Billy, the Kid is published.

People in the case

  • William H. Bonney (Billy the Kid) Perpetrator

    1859 – 14 July 1881

    Born Henry McCarty in New York; birth date given as either 17 September or 23 November 1859. Convicted of Sheriff Brady's murder; killed by Pat Garrett.

  • Portrait of Pat Garrett

    Pat Garrett Investigator

    5 June 1850 – 29 February 1908

    Sheriff of Lincoln County who captured the Kid at Stinking Springs and later shot him at Fort Sumner. Himself shot dead in 1908.

  • John Tunstall Victim

    6 March 1853 – 18 February 1878

    English rancher and Bonney's employer; his killing by a posse began the Lincoln County War.

  • William J. Brady Victim

    16 August 1829 – 1 April 1878

    Sheriff of Lincoln County, killed in an ambush by the Regulators; Bonney was convicted of his murder.

  • James W. Bell Victim

    ? – 28 April 1881

    Deputy guarding the Kid at the Lincoln courthouse; shot during the escape.

  • Bob Olinger Victim

    1850 – 28 April 1881

    Deputy shot with his own shotgun from the courthouse window.

  • Alexander McSween Also involved

    15 June 1837 – 19 July 1878

    Lawyer and Tunstall's partner; killed when his besieged house in Lincoln burned.

  • Portrait of Lew Wallace

    Lew Wallace Also involved

    10 April 1827 – 15 February 1905

    Territorial governor who met the Kid in 1879 and later declined to grant him clemency; author of Ben-Hur.

Where it happened

Map of places in the Billy the Kid caseAlamogordoCarlsbadRoswellClovisHobbsSocorroDemingTruth or ConsequencesLincoln, New Mexico1Mesilla, New Mexico2Fort Sumner (old fort site)3100 km
Map drawn from Natural Earth data; modern towns and borders shown for orientation.
  1. Lincoln, New Mexico. Centre of the Lincoln County War and site of the courthouse escape; now a state historic site.
  2. Mesilla, New Mexico. Where the Kid was tried and sentenced in April 1881.
  3. Fort Sumner (old fort site). Location of the Maxwell house where he was killed and of the cemetery where he is buried.

Outcome

Killed before trial Convicted; killed after escaping

In April 1881 a jury at Mesilla convicted William H. Bonney of the murder of Sheriff William Brady, and Judge Warren Bristol sentenced him to hang on 13 May 1881. He escaped on 28 April, killing two deputies, and was shot dead by Sheriff Pat Garrett on 14 July 1881. A coroner's jury identified the body and found the killing justified. In 2010 Governor Bill Richardson declined to grant a posthumous pardon.

What the record settles, and what it doesn't

Established

  • Billy the Kid was born Henry McCarty in New York City in 1859 and used the names Kid Antrim and William H. Bonney.
  • He worked for John Tunstall, whose killing on 18 February 1878 started the Lincoln County War, and rode with the Regulators.
  • He was convicted in April 1881 of murdering Sheriff William Brady, the only conviction from the Lincoln County War.
  • On 28 April 1881 he escaped from the Lincoln County courthouse, killing deputies James Bell and Bob Olinger.
  • Sheriff Pat Garrett shot him dead at Pete Maxwell's house in Fort Sumner around midnight on 14 July 1881.
  • Only one photograph of him, a ferrotype taken around 1879 or 1880, is accepted by historians as authentic.

Disputed

  • His exact birth date, 17 September or 23 November 1859, and some details of his birthplace remain uncertain.
  • Whether Governor Wallace broke a promise of clemency or Bonney misunderstood what was offered is argued over; Wallace's letters promise protection and a pardon only if he testified, which he did.
  • Accounts of the final moments vary. The canonical version, which rests on Garrett's own telling, has the Kid holding a revolver as he backed into the room; other versions told locally differ on what he carried and whether Garrett gave him any chance.
  • How many men he killed is uncertain; the tally in popular legend is far higher than the record supports, and several killings attributed to him involved other gunmen firing at the same time.
  • Claims that he survived, by Ollie 'Brushy Bill' Roberts and John Miller among others, are not accepted by historians, and DNA efforts have produced nothing conclusive.

In the newspapers of the day

Clippings from American newspapers digitised by the Library of Congress. The excerpt under each is the library's machine-read text, uncorrected; read the original page for the full report.

Clipping from Las vegas morning gazette (Las Vegas, N.M.), 3 May 1881
Front of the page

Las vegas morning gazette (Las Vegas, N.M.)

, page 4 · The escape from Lincoln

Full page at the Library of Congress

TUESDAY, MAY 3, 1881. THE KID'S ESCAPE. Armed With Two Sli-liooter and ft Winchester, he Need Kot Be Looked for This Side of Ireland. Then1 was intense excitement in tills cily ou.Sund&v overthe annouce- nifiit made iu the Gazette that Billy, 'the Kill," had escaped from the Liu- coli'n jiil. Tlio truth of the report was at fuM doubted hut the two spec- ial tcl"gr;iirn published in this paper, the or.e from San …
Clipping from Wood county reporter (Grand Rapids [I.E. Wisconsin Rapids], wis.), 5 May 1881
Front of the page

Wood county reporter (Grand Rapids [I.E. Wisconsin Rapids], wis.)

, page 1 · The escape from Lincoln

Full page at the Library of Congress

Billy, the Kid. a noted outlaw of New Mexico, who had been sentenced to death for three murders, escaped from jail at Lincoln, by shooting dead Sheriff' Bell and Marshall Olinger. The dav set for his execution was May 13. Governor | "NV allace is determined to retake him. dead ; or alive. Goods valued at SI,OOO, which were j stolen from the Case Plow Company, of 1 Racine. Wis., were found boxed prepara-
Clipping from Wheeling register (Wheeling, W. Va.), 6 May 1881
Front of the page

Wheeling register (Wheeling, W. Va.)

, page 1 · The escape from Lincoln

Full page at the Library of Congress

lars o( the escape of Billy Boiuiev, alias "Billy, the Kill," on April 30tli, from the Lincoln county jail, already tele- graphed, have been received. 'Robert Dlinger and J. W. Bell were the gusrds. Dlinger had been to supper and Bell was sitting on the floor, when the Kid ap- proached him, talking to him in a pleas- ant way. Being near enough the Kid, who was heavily shackled and hand- cuffed, managed to jump at Bell, hitting liim with hia handcnti on the head, fracturing Bell's …
Clipping from The benton weekly record (Benton, Mont.), 4 August 1881
Front of the page

The benton weekly record (Benton, Mont.)

, page 1 · The shooting at Fort Sumner

Full page at the Library of Congress

SDeath of "Billy the Kid-." t SANTA FE, New Mexico, July 18.-In- r s formation has been received in the city of s the killing, by Sheriff Patrick Garrett, of in i Lincoln county, of Billy the Kid, which , occurred near Fort Sumner on Saturday of e morning. no 1 The Kid has been pursued by Garrett DE ever since his escape from prison at Lin- e coln in May, when he killed two guards. y Garrett finally tracked him to …
Clipping from Omaha daily bee (Omaha [Neb.]), 6 August 1881
Front of the page

Omaha daily bee (Omaha [Neb.])

, page 3 · The shooting at Fort Sumner

Full page at the Library of Congress

Chisum and McSwain hired "Billy , the kid. " and his reckless daro-dovil- ism. his deadly marksmanship , his skill as a horseman , and 1119 DELICUT IS MUIlUEIt At once made him the loader of his faction. Early in 1879 Chiium had "tho Kid" appointed deputy constable , and armed with a warrant for the arrest , on some trivial charge , of William Morton and Frank Barker , herdsmen in the employ of Tom Catron , former- …
Clipping from Lancaster daily intelligencer (Lancaster, Pa.), 12 August 1881
Front of the page

Lancaster daily intelligencer (Lancaster, Pa.)

, page 1 · The shooting at Fort Sumner

Full page at the Library of Congress

Lancaster Jntellfgencer. FRIDAY EVENING, AUGUST 12, 1881. BILLY THE KID. HIS NAME WAS BILLY M'CAKTHT SD HE WAS BORN IN NEW YORK. Murdering a Man When a Bey of Sixteen Made a Deputy Constable Gen. Lew Wallace's Admiration for the Youth- tnl Desperado Unaer- Sentence of lieath Killing Twe Slen le Thirty Seconds The Kid KUled. A writer from Lamy, N. M., in the rit. Leuis Glebe Democrat ridicules the ac- count of Billy the Kid and his fictitious castle,-furnished the Philadelphia Times by its correspondent at Fert Sumner, New Mexico, in a letter dated July 10. The Times correspondent gives, as the here of an alleged wonderful adventure in the castle of the famous Kid, and the author ity of his Munchausenish pen picture of that redeubtable boy-devil, a 3Ir. Duncan, who is described as having been at ene time a member of Gen. Sherman's staff, but, when his adventure occurred, con- nected with a railroad surveyiug party, and " new a successful trader of Alamosa, New Mexico." The whole story of the Kid's gorgeous style is the wildest bosh ; his impregnable castle was a clear case of a castle in Spain, and his geld-braided broadcloth, his royally caparisoned steed, his black buckskin trousers with rows of fringe and silver bells down the legs, and his ?300 hat blazing with geld and jewels, were the gauziest fabrics of a whiskeyed …

Source: Chronicling America: Historic American Newspapers, Library of Congress. Public domain.

Afterwards

Garrett was refused the reward by the acting governor until the territorial legislature voted it to him a year later; citizens had meanwhile raised several thousand dollars for him. He lost later elections, drifted through ranching and appointments, and was shot dead near Las Cruces in 1908. Lew Wallace left New Mexico in 1881 as minister to the Ottoman Empire, with Ben-Hur already a bestseller.

The grave at Fort Sumner, shared under a stone marked Pals with Tom O'Folliard and Charlie Bowdre, has had its headstone stolen more than once and is now caged. Lincoln's courthouse survives as a museum with the stairway and window of the escape. The single authenticated ferrotype sold at auction for $2.3 million in 2011, and in 2010 Governor Bill Richardson, citing historical ambiguity, refused a posthumous pardon.

Questions readers ask

Who killed Billy the Kid?

Lincoln County Sheriff Pat Garrett shot him in Pete Maxwell's bedroom at Fort Sumner, New Mexico Territory, around midnight on 14 July 1881. Garrett fired twice in the dark, and the first shot killed him.

What was Billy the Kid's real name?

He was born Henry McCarty in New York City in 1859. He was known as Kid Antrim after his stepfather's surname and from 1877 called himself William H. Bonney.

How did Billy the Kid escape from the Lincoln jail?

On 28 April 1881, while one deputy was across the street, he slipped a handcuff, seized deputy James Bell's revolver and shot him, then killed deputy Bob Olinger with a shotgun from an upstairs window. He freed his legs with an axe and rode out of town.

Was Billy the Kid ever pardoned?

No. Governor Lew Wallace did not intervene after his conviction, and in 2010 New Mexico Governor Bill Richardson declined to issue a posthumous pardon.

Sources and further reading

Written by Sinister Crimes from the sources above; see our editorial standards. Last checked 1 November 2026.