Rendezvous with Governor Wallace
“Every calculation based on experience elsewhere, fails in New Mexico” -Lew Wallace
The Promise
By J.Young
President Rutherford B. Hayes once called Lincoln, New Mexico the most dangerous Street in America and he was sending his best man, a brilliant strategist Major General Lew Wallace to the scene.
Wallace was briefed in DC about the dangers of New Mexico. His priorities were to achieve peace among settlers and natives, Mexicans and New Mexicans. With this task came the dangerous county wars in Colfax and Lincoln.
On his voyage by train to Santa Fe Wallace studied a little pocket book of notes that was given to him by the Department of justice, special agent Frank Angel, who went into NM before Wallace to gather information on the situations. Frank Angel’s notes seem to point out that to one source, an organization called the Santa Fe ring was responsible for both county’s troubles.
President Hayes awarded Wallace the governorship of the territory of New Mexico on September 4th 1878, after the former Governor Axtell was discredited and powerless from disturbing accusations of Fraud and murder, involving a criminal organization known as The Santa Fe Ring.
It is Worth noting that over the years Wallace had begun writing a novel titled Ben-hur and was about three-quarters of the way done when he arrived in New Mexico. I am mentioning this due to the fact that Wallace was easily distracted from his duties as Governor to finish his masterpiece.
Although most men in the Lincoln County War considered it over after the great McSween fire back in July, just 2 months prior, disgruntled men still lingered. Within days of taking office Wallace sent a recommendation that Martial Law be declared in Lincoln County. President Hayes decided against it and instead proclaimed to forgive all good citizens for wrongdoing. Wallace Acts and puts out Hayes’ notice…
“All good citizens of the United States and especially of the territory of New Mexico who have been committing Lawless acts to disperse and return peaceably to their respected adobe’s on or before noon of the 13th day of October.”
After a month with no crimes committed, Wallace proclaimed a general declaration of amnesty pardoning all crimes committed between February 1st 1878 and the date of the proclamation. The proclamation excluded individuals that were already under indictment for crimes.
It was also at this time that the widow Mrs. Susan Mcsween was about to turn up the heat, she was going to go after Dudley legally for interfering in a civil matter that resulted in her husband’s death and her home burned to the ground. She hired attorney Huston Chapman. Chapman got right to work, writing to Wallace multiple times claiming Dudley was a liar, a drunk and criminally responsible for the killing of Mcsween.
Chapman was finally able to convince Governor Wallace to come to Lincoln after an incident, where a drunken army officer terrorized the citizens.
However before Wallace arrived, a meeting took place in Lincoln on February 18th of 1879 between Dolan, Campbell, Evans and Billy the Kid and a few of his pals. Billy wanted to call a truce and get on with his life. However Dolan, Campbell and Evans became drunk and when they ran across mr. Chapman Who was out for a walk on an errand, was shot and killed. Billy and his pals slipped out of town.
When Wallace finally arrived on March 5th 1879 at Lincoln he found lodging at the Montano home. Wallace became appalled by what had happened, and began his own investigation. Wallace remembers that day,
“A short interview with the leading citizens satisfied me that it would not be possible in the beginning to obtain affidavits against parties well known to be guilty of crimes.”
The first action Wallace took from here was he had Dudley suspended and then transferred to Fort Union. Wallace then formed a local militia known as the Lincoln County Rifles and put Juan Patron as commander of the posse. The posse included an officer from Fort Stanton by the name of Capt. Purington. They would assist in tracking the wanted men. Wallace put together a 30 man list of persons to be arrested, the list included Billy the Kid, Tom Folliard and few other Regulators.
At Wallace’s request Col. Hatch sent two detachments to find the wanted men. Wallace may have put out a reward for the capture of some of the men to be brought in alive. The detachment first arrested Evans and Campbell. Dolan then turned himself in.
Wallace then received a letter from Billy the Kid on March 13th 1879…
“To his Excellency the Governor,
General Lew Wallace
Dear Sir, I have heard that You will give one thousand $ dollars for my body which as I can understand it means alive as a witness. I know it is as a witness against those that murdered Mr. Chapman. If it was so that I could appear at Court I could give the desired information, but I have indictments against me for things that happened in the late Lincoln County War and am afraid to give up because my Enemies would Kill me. The day Mr. Chapman was murdered I was in Lincoln, at the request of good Citizens to meet Mr. J.J. Dolan to meet as Friends, so as to be able to lay aside our arms and go to Work. I was present when Mr. Chapman was murdered and know who did it and if it were not for those indictments I would have made it clear before now. if it is in your power to Annully those indictments I hope you will do so so as to give me a chance to explain. Please send me an answer telling me what you can do. You can send an answer by bearer I have no wish to fight anymore indeed I have not raised an arm since your proclamation. As to my character I refer to any of the citizens, for the majority of them are my friends and have been helping me all they could. I am called Kid Antrim but Antrim is my stepfather’s name. Waiting for an answer I remain your Obedient Servant
W.H. Bonney”
Wallace and Billy both wanted to help each other, Billy wanted to be free of charges and Wallace wanted to find a way to charge Dolan, which could break the ice of the Santa Fe ring.
Governor Lew Wallace’s reply to Billy the Kid’s above letter:
Lincoln, March 15, 1879
W.H. Bonney,
Come to the house of Squire Wilson at nine o’clock next Monday night alone. I don’t mean his office, but his residence. Follow along the foot of the mountain south of the town, come in on that side, and knock on the east door. I have authority to exempt you from prosecution, if you will testify to what you say you know.
The object of the meeting at Squire Wilson’s is to arrange the matter in a way to make your life safe. To do that the utmost secrecy is to be used. So come along. Don’t tell anybody -not a living soul- where you are coming or the object. If you could trust Jesse Evans, you can trust me.
-Lew Wallace
In the dark of night on Monday March 17th about 9 p.m. The Kid crept into town. Wallace remembers the night, “Billy the Kid kept the appointment punctually at the time designated. I heard a knock at the door and called out, “come in” the door opened somewhat slowly and carefully and there stood a young fellow generally known as the kid, his Winchester in his right hand, his revolver in his left. “I was sent here to meet the governor here at 9:00, is he here?” I Rose to my feet, saying “I am Governor Wallace ”, and held out my hand, when we had shaken hands I invited the young fellow to be seated so that we might talk together. “Your note gave a promise of absolute protection”, the young outlaw said warily. Yes I replied and I have been true to my promise, and then pointing to squire Wilson who was the only person in the room with me, I added this person whom of course you know and I am the only person in the house. This seemed to satisfy the kid for he lowered his rifle and returned his revolver to its holster. When he had taken his seat, I proceeded to unfold the plan I had in my mind to enable him to testify to what he knew about the killing of Chapman at the fourth coming session of Court two or three weeks later without endangering his life. I closed with the promise, In return for your doing this, I will let you go Scot-free with a pardon in your pocket for all your misdeeds.“
After the meeting and The Promise made by Wallace, Billy slipped out into the night with a good feeling about his future. But during Billy’s pleasant thoughts, Evans and Campbell managed to escape from custody at Fort Stanton.
When Billy got word, he sent a letter to Squire Wilson,
“Please tell ‘you know who’ that I do not know what to do now as those prisoners have escaped. Please send word by bearer a note through you it may be he has made different arrangements if not and he still wants it the same, to send William Hudgins as deputy to the Junction tomorrow at 3:00 with some men you know to be alright. Send a note telling me what to do. -W.H. Bonney
P.S. Do not send soldiers.”
Wallace received the letter while he was at Fort Stanton and promptly replied to the Kid,
“The escape makes no difference in arrangements. I will comply with my part if you will with yours. To remove all suspicions of understanding, I think it better to put the arresting party in charge of sheriff Kimbrell who will be instructed to see that no violence is used.
This will go to you tonight, if you still insist upon Hudgins, let me know. If I don’t get word from you, the party will be at the Junction by 3 tomorrow.
The Kid did reply,
“Sir I will keep the appointment I made but be sure and have men come that you can depend on. I’m not afraid to die like a man fighting but I would not like to be killed like a dog unarmed. Tell Kimbrell to let his men be placed around the house and for him to come in alone and he can arrest us. All I am afraid of is that in the fort we might be poisoned or killed through a window at night. But you can arrange that all right tell the commanding officer to watch Lt. Goodwin, He would not hesitate to do anything, there will be Danger on the road if somebody was waylaying, to kill us on the road to the fort.
Evans and Campbell will never be caught on the road, watch Fritz’s place, Captain Baca’s ranch above Lincoln and the brewery; they will either go to seven Rivers or to the Jicarilla mountains, they will stay around close until the scouting parties come in. It is not my place to advise you but I am anxious to have them caught and perhaps I know how men hide from soldiers better than you.”
Billy also changed the location of the moch arrest to the Gutierrez Farm a mile south of San Patricio. (Still looking into this location and who they were)
On March 23rd 1879 the Kid, Tom and possibly Doc Scurlock were brought back to Lincoln and held in an outpost building of the Patron house. Wallace wasted no time, he went to Patron’s and spent some time talking to the Regulators and took many notes on the LCW.
That night Wallace remembered something amazing happened, he wrote to DC about it,
“A precious specimen named the kid whom the sheriff is holding here in the plaza is an object of tender regard. I heard singing and music the other night; going to the door I found the minstrels of the village actually serenading the fellow in his prison.”
During their stay the boys were supposed to be on “staged” house arrest, but began roaming Lincoln while armed. The sheriff became embarrassed. So for their safety as well as his, he ordered them locked into the pit jail. Deputy Tom Longwell had the displeasure of moving Billy into the pit. Billy said to Tom,
“Tom I’ve sworn I would never go inside that hole alive again”.
Tom replied
“I don’t want to put you or anyone else there Billy, but these are my orders”.
Billy began to climb down and told Tom “I’m going on in here because I don’t want to have any trouble with you, but I’d give all I’ve got if the bastard that gave you the order was in your shoes.”
On April 14th 1879 Billy was escorted to Mesilla to give his eyewitness report for the killing of Chapman. Unfortunately for Billy, Mesilla courts still contained a big problem…Judge Warren Bristol. Bristol was part of the Santa Fe Ring swamp. Not only him but the D.A. Rynerson, another swamp rat, paid for by the Ring. A problem that Wallace could not curb, due to the depths of the quagmire. Billy still held his part of the bargain and testified. Bristol, knowing he was under the scope with Wallace and president Hayes watching, charged around 200 men. (charged, not yet convicted) Some of the results from this were Marion Turner and John Jones were both charged for the death of Alex Mcsween.
John Kinney, George Peppin and Colonel Dudley were charged for burning Down the Mcsween Home.
Peppin was again indicted along with about twenty of his posse for the murder of Frank McNabb.
John Selman and eight of his rustlers for murder, arson and rape allegations.
Buck Powell, Jack Long, Billy Matthews, Johnny Hurley and Tom O’Folliard were granted immunity under Wallace’s amnesty plan.
Due to the kids’ testimony, Dolan and Campbell were named the murderers of Huston Chapman with Jesse Evans as an accessory.
Dolan and Dudley applied for and were granted a change of venue to Dona Ana County.
As for Billy, because he provided evidence to convict Dolan and Campbell he was hoping the prosecution would decline to proceed with his charge of murder for Sheriff Brady. But Rynerson proceeded, and questioned Wallace’s right to offer immunity to someone of his character and be free of prosecution. Wallace was not present for court and it is not known if he knew at that time that his Promise would not hold up.
The Kid’s attorney Ira Leonard wrote a quick note to Wallace,
“I tell you governor the district attorney here is no friend of law enforcement, he has bent on going after the Kid. He proposes to destroy his evidence and influence and is bent on pushing him to the wall. He is a Dolan man and is defending him in every possible manner.”
Rynerson turned the tables on the Kid. He knew if he could hang the Kid before Dolan and Campbell were to re-appear for court for murder, the witness would no longer be alive to convict them. The Kids’ lawyer Ira Leonard stood no chance against the Santa Fe Rings’ powerful attorneys like Henry Lynn Waldo from the law firm Catron & Elkins. Waldo said this about the Kid during court,
“Then was brought forward William Bonney Alias Antrim, alias The Kid, is a precocious criminal of the worst type, although hardly up to his majority, murderer by profession, as records of this Court connect him with two atrocious murders, that of Roberts and the other of sheriff Brady. Both of them are cowardly and atrocious assassinations. There are enough warrants for him on the 19th day of July last to have plastered him from head to his feet, yet he was engaged to do a service as a witness and his testimony showed that his qualifications do not terminate with blood guiltiness. A liar once is a liar all the time.”
The judge retired the courts to decide the verdicts. Leonard wrote Wallace another note, “They mean to whitewash and excuse Dudley’s glaring conduct, there is nothing to be looked for or hoped for from the Tribunal. It is a farce on judicial investigation and ought to be called and designated the mutual admiration inquiry.”
Billy Was taken back to house arrest at Lincoln, Tom hung around. Billy probably sensed that Wallace’s promise was just an empty promise, and with no documentation to prove it, Billy saddled his mare and with Tom following, simply rode out of house arrest. This was probably the safest thing they could have done after testifying against Dolan.
Billy possibly considered his life as a law abiding citizen to be over. He picked up where he left off living as an outlaw. Billy and Tom began hanging out with a new crowd known as the Dodge City Gang. Definitely the type of crowd their mothers would not approve of. They were robbers running counterfeit schemes and rustling stock. After a deputized man was killed at the hands of Billy’s posse, Wallace had to turn his back on Billy. Not that he hadn’t already, but now had a good cause to go easy on his conscience. Another scenario is this…Wallace had no power over the ring and was forced to break his promise…
Billy wrote to Wallace about deputy Carlyles death and the Las Vegas papers accusations on
Dec 12, 1880 from Fort Sumner.
“Dear Sir, I noticed in the Las Vegas Gazette a piece which stated that Billy “the” Kid, the name by which I am known in the County, was the Captain of a Band of Outlaws who held Forth at the Portales. There is no such Organization in existence. So the Gentlemen must have drawn very heavily on his imagination. My business at the White Oaks at the time I was waylaid and my horse killed was to see Judge Leonard who had my case in hand, he had written to me to come up, that he thought he could get Everything Straightened up. I did not find him at the Oaks. I should have gone to Lincoln if I had met with no accident. After mine and Billie Wilsons horses were Killed we both made our way to a Station, forty miles from the Oaks kept by Mr. Greathouse. When I got up the next morning The house was Surrounded by an outfit led by one Carlyle Who came into the house and Demanded a surrender. I asked for their Papers and they had none. So I concluded it was nothing more than a mob and told Carlyle that he would have to stay in the house and lead the way out that night. Soon after a note was brought in stating that if Carlyle did not come out inside of five minutes they would kill the Station Keeper (Greathouse) who had left the house and was with them. In a short time a shot was fired on the outside and Carlyle, thinking Greathouse was Killed, jumped through the window. breaking the sash as he went and was killed by his own Party thinking it was me trying to make my escape. The party then withdrew.
They returned the next day and burned an old man named Spencer’s house and Greathouses also. I made my way to the Place afoot and During my absence Deputy Sheriff Garrett Acting under Chisum’s orders went to the Portales and found nothing. On his way back he went to Mr. Yerby’s ranch and took a pair of mules of mine which I had left with Mr. Bowdre who is in charge of Mr. Yerby’s Cattle. Garrett Claimed that they were stolen and Even if they were not he had a right to confiscate any Outlaws property. I have been at Sumner Since I left Lincoln making my living Gambling the mules were bought by me, the truth of which I can prove by the best citizens around Sumner. J.S. Chisum is the man who got me into Trouble and benefited Thousands by it and is now doing all he can against me. There is no Doubt but what there is a great deal of Stealing going on in the Territory and a great deal of the Property is taken across the Plains as it is a good outlet. but as far as my being at the head of a Band there is nothing of it. Several Instances I have recovered Stolen Property when there was no chance to get an Officer to do it.
One Instance for Hugo Zuber Post office Puerto de Luna, another for Pablo Analla Same Place. if some impartial Party were to investigate this matter they would find it far Different from the impression put out by Chisum and his tools
Yours Respect-William Bonney”
On December 16th 1880 Governor Wallace placed an ad in the Las Vegas Gazette. It reads: Notice is hereby given that five hundred dollars reward will be paid for the delivery of Bonney alias The Kid to the sheriff of Lincoln county. LEW WALLACE
Governor of New Mexico Santa Fe, Dec. 15 1880
Sheriff Pat Garrett was hired and placed on the Kid’s trail. He succeeded in capturing the Kid in December 1880. Billy was placed at the Santa Fe Jail briefly when he decided to
write a few more letters to Wallace to remind him of his Promise.
January 1st, 1881 to
Gov Lew Wallace
Dear Sir, I would like to see you for a few moments if you can spare time.
Yours Respect- W.H. Bonney
Another one on March 2d 1881
Gov. Lew Wallace
Dear Sir, I wish you would come down to the jail and see me. it will be to your interest to come and see me. I have some letters which date back two years, and there are Parties who are very anxious to get them but I shall not dispose of them until I see you. that is if you will come immediately. Yours Respect-
William. H. Bonney March 4, 1881 Gov. Lew Wallace
“Dear Sir, I wrote You a little note the day before yesterday but have received no answer. I Expect you have forgotten what you promised me this Month two years ago, but I have not and I think you ought to have come and seen me as I requested you to. I have done everything that I promised you I would and You have done nothing that You promised me. I think when You think the matter over You will come down and See me, and I can then explain everything to You. Judge Leonard Passed through here on his way East, in January and promised to come and See me on his way back, but he did not fulfill his Promise. It looks to me like I am getting left in the Cold. I am not treated right by Sherman, he lets Every Stranger that comes to see me through Curiosity in to see me, but will not let a Single one of my friends in, Not even an Attorney. I guess they mean to Send me up without giving me any Show but they will have a nice time doing it. I am not entirely without friends. I shall Expect to See you sometime today. Patiently Waiting I am truly Yours Respect”
–Wm. H. Bonney
March 27, 1881 Gov. Lew Wallace
“Dear Sir, For the last time I ask, Will you keep your promise? I will start below tomorrow send answer by bearer”
-W.Bonney
On April 13th 1881 about 5:15 p.m. Billy the Kid was rought in to appear in front of Judge Warren Bristol for the charge of murder, in the name of sheriff William Brady. The Kid was kept in restraints and was asked before his sentence if he had anything to say, but Billy was silent. Judge Bristol passed judgement upon Billy, and was ordered to be taken by the sheriff to the jurisdiction of which county his crime was committed, and there to be confined in prison until May 13th of 1881. At that time will be hanged by the neck until his body is dead.
On April 15, 1881 After he was sentenced to hang, Billy wrote to attorney Edgar Caypless.
“Dear Sir,I would have written before this but could get no paper. My United States case was thrown out of court and I was rushed to trial on my Territorial Charge. Was convicted of murder in the first degree and am to be hanged on the 13, of May. Mr. A.J. Fountain was appointed to defend me and has done the best he could for me. He is willing to carry the case further if I can raise the money to bear his expense. The mare is about all I can depend on at present so hope you will settle the case right away and give him the money you get for her. If you do not settle the matter with Scott Moore and have to go to court about it, either give him (Fountain) the mare or sell her at auction and give him the money. Please do as he wishes in the matter. I know you will do the best you can for me in this. I shall be taken to Lincoln tomorrow. Please write and direct care to Garrett sheriff. Excuse bad writing I have my handcuffs on. I remain as ever.”
Respectfully, W.H.Bonney.
Billy was transferred to Lincoln county, to the courthouse where he was chained to the floor on the second floor. While awaiting his fate, Billy played a little game of Monte with the grim reaper.
In the meantime Governor Wallace drafted Billy’s death warrant but before it could be signed, Billy the Kid had killed both of his guards and escaped death row! The rest is history…or mystery!
For more on Major-General Lew Wallace, click the link. Lets Ride!
https://palsofbillythekidhistoricalsociety.com/lew-wallace/