Said opinion is quite full. We quote the closing paragraphs as sufficient in this connection, to wit:
BILLY THE KID
$500 REWARD
"I will pay five hundred dollars reward to any person or persons, will capture William Bonny, alias the Kid, and deliver him to any Sheriff of New Mexico, satisfactory proof of identity will be required.”
[S] LEW WALLACE
Governor of New Mexico"
"This certainly appears to be the personal offer of Governor Wallace, and it seems he did nothing to indicate that it was intended as an executive act, on behalf of, and to bind the Territory.
"If the reward should be paid, it is very probable, that the Legislature would approve the payment if so desired, and that no objection would be raised, or that it will provide for its payment, if it remains unpaid, at the next session thereof; but if the Governor should now direct the payment of the claim, he would doubtless expose himself to the charge of misappropriation of the Territorial funds, in case the Legislature should refuse to ratify and approve the payment."
In addition we will add as a fact that there was no record whatever, either in this office or at the Secretary's office of there having been a reward offered as set forth by Attorney General, nor was there any record on file in said offices of a corresponding reward in any form.
The opinion of the Attorney General appearing to be consistent with the law and the facts, decision is rendered accordingly and the Governor declines to allow the reward at this time. Believing how- ever, that Mr. Garrett, has an equitable claim against the Territory for said reward; further action at this office will simply be suspended until the case can be properly represented to the next Legislature Assembly.
[s] W. G. RITCH
Acting Governor New Mexico
3
1882—Private Laws of New Mexico-25th Session
Relief of Pat Garrett—Chapter 101 page 191
Chapter C1
AN ACT for the Relief of Pat Garrett.
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Contents
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Section 1. Authorizes the payment of $500 reward for the arrest of the "Kid."
WHEREAS, The Governor of New Mexico did, on or about the 7th day of May, A. D., 1881, issue his certain proclamation in words and figures as follows, to-wit:
"I will pay five hundred dollars reward to any person or persons who will capture William Bonney, alias 'The Kid', and deliver him to any sheriff of New Mexico. Satisfactory proof of identity will be required."
[Signed] LEW WALLACE,
Governor of New Mexico
AND WHEREAS, Pat Garrett was at that time sheriff of Lincoln County, and did, on or about the month of August, 1881, in pursuance of the above reward and by virtue of a warrant placed in his hands for that purpose, attempted to arrest said William Bonney, and in said attempt did kill said William Bonney at Fort Sumner, in the County of San Miguel, in the Territory of New Mexico, and wherefore, said Garrett is justly entitled to the above reward, and payment thereof has been refused upon a technicality.
Be it enacted by the Legislative Assembly of the Territory of New Mexico:
Section I. The Territorial Auditor is hereby authorized to draw a warrant upon the Territorial Treasurer of the Territory of New in favor of Pat Garrett for the sum of five hundred dollars, we out of any funds in the Territorial treasury not otherwise especially appropriated, in payment of the reward of five hundred dollars heretofore offered by his Excellency, Governor Lew Wallace, for the arrest of William Bonney, alias "The Kid."
Section 2. This act shall take effect and be in force from and after its passage.
Approved February 18, 1882.
F
AFFIDAVITS
Severo Gallegos
Martile Able
Jose B. Montoya
Dewitt Travis
Robert E. Lee
1
Affidavit of Severo Gallagos
STATE OF NEW MEXICO -ss.
County of Lincoln
Before me, the undersigned authority, on this day, personally appeared Mr. Severo Gallegos of Lincoln County, New Mexico, who, upon his oath, deposes and says:
That his name is Severn Gallegos, that he is past 82 years of age, that he is a son of Lucas Gallegos, deceased; that he is a half brother of Florencio Chavez, who fought in the Lincoln County War, and rode with Wm. Bonney, known as Billy the Kid.
This affiant further states that Billy the Kid many times visited in the Gallegos Home; that he stayed there some times over night and that he ate many meals there; that the Kid and Florencio Chavez did much target practice at their home in San Patricio; that Billy was quick on the draw; that he fired a rifle left handed and six shooters with both hands; that he would shoot from the hip and that he was known to be a good shot.
This affiant further states that Billy the Kid was a small man when he was young; that he had small feet and hands with large wrists; that he had two large teeth in the front of his mouth; that he had blue-grey eyes with small brown spots in them; that his nose was straight, high cheek bones and large ears; that he had dark hair; that he stood as straight as a whip, and rode a horse straight in the saddle.
This affiant further states that he made many visits to see Billy the Kid in the Lincoln Jail; that he took berries to the jail for Billy to eat; that he saw Billy escape from the Jail in April, 1881; that he never saw Billy the Kid again until the first day of April, 1950; that after talking to Billy for several hours on April first, this affiant knows from conversation and looking him over, that Billy the Kid was the same person as 0. L. Roberts who visited here in Ruidoso.
This affiant further states that he never believed that Billy the Kid was killed by Sheriff Pat Garrett; that he heard from time to time throughout the years that Billy the Kid was still living.
This affiant further states that 0. L. Roberts has the same blue-grey eyes, with brown spots in them; that his nose is straight, with high cheek bones, large ears, small feet and hands with large wrists, and he stands as straight as he stood in Lincoln County days; that he is still fast on the draw; that he talks and laughs the same, and looks the same in many ways; that he has no teeth now, and his hair is nearly gray with some dark streaks in it.
This affiant further states that he is of firm belief that Billy the Kid and 0. L. Roberts are one and the same person.
SEVERO GALLEGOS
X (His Mark) (L. M. W.)
Affiant
Sworn to and subscribed to before me, a notary public, this 11th day of November, A. D. 1950.
[SEAL] [s] LILLIE MAY WARD
Notary Public in and for Lincoln County, State of New Mexico.
STATE OF NEW MEXICO –ss.
County of Lincoln
Before me, the undersigned authority, a Notary Public, on this day personally appeared Mr. Severo Gallegos, known to me to be the person whose name is subscribed to the foregoing instrument and he acknowledged to me that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this the 11th day of November, A. D. 1950.
[SEAL]
[s] LILLIE MAY WARD
Notary Public in and for Lincoln County, New Mexico
My commission expires, Feb. 5, 1953.
2
Affidavit of Mrs. Martile Able
STATE OF TEXAS –ss.
County of El Paso
Before me, the undersigned authority, a notary public, on this day, personally appeared Mrs. Martile Able, widow of John C. Able who died at the age of 56 years, in 1918, of the County of El Paso, and State of Texas, who upon her oath deposes and says:
That her name is Mrs. Martile Able, that she was born in Cook County, Texas, more than eighty years ago, that she was married to John C. Able, in Abilene, Texas, after which they moved to a Ranch on the Black River, south of Carlsbad, New Mexico, where they lived for about two years, Stonewall County, Texas; that years after which they moved back to Ab
ilene, Texas; that they moved from Abilene to El Paso, Texas, about 1900, and she still resides in El Paso County, Texas.
This affiant further states that the family was well acquainted with Wm. H. Bonney, known as Billy the Kid; that Mr. John C. Able, the husband of this affiant, knew Wm. Bonney years before around Pecos, Texas, where the group of friends had a picture made in 1880, which picture is a good likeness of Wm. Bonney; that Wm. Bonney visited with the Able Family before, and after, the time it was said, Pat Garrett killed him in New Mexico; that John C. Able brought Wm. Bonney to their house on one day when he caught a, horse for Bonney to ride out; that this affiant cooked a meal that day that he ate in hiding; that Bonney rode away on the horse, that the horse came back home after Bonney made his journey; that the last time this affiant saw Wm. Bonney was about the year of 1902; that she did not see Wm. Bonney again until July 1, 1950, while he was visiting here in El Paso, at which time this affiant talked to Wm. Bonney about the old times around Pecos and other places; that he talks about the old times as we always knew them, that he laughs much the same, has the same keen blue eyes, long nose, large cars, small feet, small hands with unusually large wrists, stands and walks as straight as ever with a lively step, that he appears to be around ninety years of age, but appears much younger in general, with hair nearly gray, looks much the same only he is a little larger than when I last saw him in 1902; that he spoke about the times when John C. Able helped him and loaned money to him when he was on the dodge; that the pictures in his album from the time he was about 14, late twenties, fifties, eighties, and the present time show a marked resemblance to the old picture in our album made in 1880 at Pecos, Texas.
This affiant further states that it was generally known among friends that Billy the Kid was not killed by Garrett in New Mexico, like they said he was killed; that Billy escaped into Mexico; and that this affiant saw him after he came back to this country from Old Mexico.
This affiant further states that to the best of her knowledge, information, and belief Wm. H. Roberts, also known as Wm. H. Bonney, Billy the Kid, Texas Kid, Brushy Bill Roberts, O. L. Roberts is one and the same person as O.L. Roberts, who visited with us here during the first week of July, 1950, and further affiant says nothing.
[s] MRS. ABLE
Affiant
Sworn to and subscribed to before me, a notary public, this the 1st day of Aug., 1950 A. D.
[s] G. A. ARREDONDO
Notary Public in and for El Paso County, State of Texas.
STATE OF TEXAS -ss.
County of El Paso
Before me, the undersigned authority, a notary public, on this day personally appeared Mrs. Martile Able, known to me to be the person whose name is subscribed to the foregoing instrument and she acknowledged to me that she executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this the 1st day of Aug. A. D. 1950.
[SEAL]
[S] G. A. ARREDONDO
Notary Public in and for El Paso County, State of Texas.
My commission expires, June 1, 1951
3
Affidavit of Jose B. Montoya
STATE OF NEW MEXICO -ss.
County of Lincoln
Before me, the undersigned authority, on this day, personally appeared Mr. Jose B. Montoya of Lincoln County, New Mexico, who, upon his oath, deposes and says:
That his name is Jose B. Montoya, that he was born on May 6, 187o, in Lincoln County, New Mexico, that his parents died when he was quite young, that he went to live with his sister, Mrs. Felicita Gabaro, and her husband, on a ranch in the Capitan Mountains, later moving to the Town of Lincoln where he went to school; that this affiant was well acquainted with Pat Garrett, John Poe, Sheriff Kimbrel, and most people in that country.
This affiant further states that he was well acquainted with Wm. Bonny, known later as the Kid, and Billy the Kid, that Bonny stayed, from time to time, at the home of this affiant in Capitan Mountains, and Lincoln Town, that he watched Billy the Kid target practice often, that he would throw quarters into the air while Billy the Kid would shoot them with his pistols; that Billy was a good shot, and fired pistols with either hand; that Billy the Kid was a small man with large ears, a long straight nose, big teeth, small feet, small hands with large wrists off of which he could slip handcuffs; that he stood as straight as an arrow, was a good dancer and singer; that the negro, George Washington played the guitar, and negro Bates played the fiddle; that Juan Patron was guard over Billy after sheriff Kimbrel arrested him; that Sheriff Kimbrel was a friend of Billy; that Pat Garrett beat Sheriff Kimbrel in the election for sheriff; that people said Sheriff Kimbrel was too friendly with Billy the Kid; that the Kid broke jail at Lincoln by killing the two guards, Olinger and Bell, escaping to Fort Sumner, N. M., where some people said Pat Garrett killed Billy the Kid, but many people did not believe that Garrett killed him; that the Kid escaped from Fort Sumner into Old Mexico.
This affiant further states that he did not believe the story of Garrett killing the Kid; that he and another man by the name of Green saw Billy the Kid at a bull fight in Juarez, Mexico, in 1902, and both of them knew the Kid; that the Kid was well dressed, wearing a large hat and buckskin jacket, and was talking to two Mexican officers; that a man in El Paso told them later that the Kid had been in El Paso three times before; that this affiant did not see Billy the Kid again until talking with him today while he was visiting with Wm. V. Morrison and the Kid in Carrizozo, N. M.
This affiant further states that to the best of his knowledge, information and belief Pat Garrett did not kill Billy the Kid, because Billy the Kid had too many friends in that country, and for other reasons including the fact that this affiant saw Billy the Kid in 1902 at Juarez, and talked with him personally today; that Wm. Bonney, alias Billy the Kid, alias O.L. Roberts, is one and the same person as 0. L. Roberts; that he talks and laughs, looks much the same, only older than he did before.
[SEAL]
[s] Jose B. Montoya
Affiant
Sworn to and subscribed to before me, a Notary Public, this 3rd day of July, A. D. 1950.
[s] Otto E. Prehm
Notary Public in and for Lincoln County, State of New Mexico.
STATE OF NEW MEXICO –ss.
County of Lincoln
Before me, the undersigned authority, a Notary Public, on this day, personally appeared Mr. Jose B. Montoya, known to me to be the person whose name is subscribed to the foregoing instrument and he acknowledged to me that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this the 3rd day of July, A. D. 1950.
[SEAL]
[s] Otro E. Prehm
Notary Public in and for Lincoln County, State of New Mexico.
My commission expires, February 13, 1951
4
Affidavit of Dewitt Travis
STATE OF TEXAS
County of Gregg
Before me, the undersigned authority, on this day, personally appeared Mr. Dewitt Travis, Longview, Texas, who, upon his oath deposes and says:
That his name is Dewitt Travis, that he is 63 years of age, that he was personally acquainted with Wm H. Roberts, also known as Wm. H. Bonney, "Kid," "Billy the Kid," Texas Kid, Hugo Kid, Brushy Bill Roberts, and O.L. Roberts, who died on December 27, 1950, at Hico, Hamilton County, Texas.
This affiant further states the following facts with reference to the above mentioned Wm. H. Roberts:
I have known him all of my life, having been raised with him and being around him, more or less, since my early childhood. I knew him to be honest, upright, truthful, polite and mannerly. He did not use tobacco or alcoholics. He was not a large man. He stood about five feet and eight inches, weighing about one hundred and sixty five in late years, standing as straight as an arrow, and walking with a brisk step all of his life without the use of a cane. He was fair complected with high cheek bones, long straight nose, l
arge ears with the left ear protruding farther away from the head than the right ear, blue grey eyes keen and shifty, dark hair graying in late years, peculiarly shaped teeth with two large teeth protruding outward from under the upper lip and a large tusk on each side of his upper jaw, the teeth having been extracted in 1931 by Dr. Cruz, Gladewater, Texas. He had small feet and wore a size seven boot, small hands with unusually large wrists, well-shaped fingers and hands. He was a very muscular and well-built man, quick as lightning, calm and collected, ambidextrous but preferably left handed, quick on the draw, shooting a pistol with either or both hands, a good shot with a rifle, which he fired left handed. I have seen him shoot and I will say he was a very good shot. I have seen him in skirmishes in which he was level headed, calm and collected, never appearing nervous. He was a likeable fellow, always smiling and in good humor, looking much younger than he actually was in years.
Billy the Kid: An Autobiography Page 17