Marshall Pat Garrett Comes to Call

July 1881

McSwain Ranch House

Marshall Garrett came to Maxwell Ranch on July 10, 1881, to talk to Pete Maxwell.  Maxwell was well-known to Marshall Garrett due to his loyalty to the Regulators.  While he had reservations about the most famous outlaw in the territory, Billy the Kid, he knew if he could get him to surrender for his most recent murder of Joe Grant.

“So, you are gonna bring the Kid to justice, marshall?” Pete stroked the gristle on his chin. 

“Governor Lew Wallace is putting one of the biggest bounties ever on his head.” Pat checked the chambers of his Peacemaker to make sure each of them had a bullet in it.  Joe Grant lost his life to the Kid, because he did not.  During their heated conversation, Billy snuck Joe’s gun and removed a bullet from the first chamber.  

“I’d be careful, marshall.” Maxwell warned, “He’s already gunned down quite a score.” 

“Well, I don’t aim to be one of them.” He held out his finger to Maxwell as if it was a pistol before exiting Pete’s home.  

A couple of days later as he sat in his office in Fort Sumner, Marshall Garrett got a note sent to him from one of the Dalton gang members informing Garrett that the Kid was going to pay a visit to Pete Maxwell on July 14, 1881. He rose to his feet and told his deputy. “I had him on December 19, 1880.  It was dark, but I knew the kid was riding a white speckled horse.  I fired once and killed Tom O’Follard.  I swear he was wearing the same outfit I saw the Kid wearing when he killed Joe Grant. This whole Billy the Kid bounty is beginning to stink like old garbage.  I get the feeling them Regulators are trying to pull the wool over my eyes.”

“This whole Lincoln County Feud is baffling at best.  Besides, in the dark it’s easy to make those kinds of mistakes.” The deputy checked his rifle.

“‘Cept, I don’t make those kinds of mistakes.” Garrett glared at his deputy.

The deputy had heard about Pat Garrett’s enormous ego from some of the other hands and now he was experiencing it first hand.  With his rifle now check, he was happy to leave the office in search of better company.  

**********

Ten men and one woman sat in the parlor of the McSween Ranch House on the morning of July 15, 1881.  The meeting was scheduled for nine in the morning, but Marshall Pat Garrett was already late as the clock in the hallway ticked off the seconds. Frank Coe yawned and checked his own pocket watch, but Mrs. McSwain just tilted her head as a silent communication to Frank and the others to be patient. Yginio Salazar smiled as he tapped his foot on the floor.  Doc Surlock elbowed Billy Smith who was pretending to be patient, but for most of them gathered, patience was wearing thin.  

“You don’t suppose he went to Governor Wallace to collect the reward?” Ab Saunders wondered aloud as the clock continued to tick.  Known for his quick temper and impatience, Saunders was beginning to feel like a caged animal at this point. 

“Look, let’s just settle down.” Billy rose to his feet and glanced around the room where the tension was thick enough to cut with a knife. “Marshall Garrett will be here.  We have some things that need to be straightened out first.” 

“Newspaper is already claiming that he killed the Kid.” Fred Waite reported as some nodded.

“Well he didn’t.” Billy Smith crossed his arms across his chest and shook his head slowly. 

“We wouldn’t be in this fix if Sheriff Orlinger didn’t get killed.” Doc sat back in his chair and snorted. 

“Water under the bridge.” Billy slapped the table with his open palm. “We have to stick together on this one.  You all know how Marshall Garrett is. He’s friends with Governor Wallace. Don’t matter that Sheriff Brady and the Dolan Gang gunned down George Tunstall to start this whole mess, we have to end it here before there’s any more bloodshed.”

As if on cue, there was a curt knock at the door.  Mrs. McSwain walked into the foyer to open the door.  She cordially greeted Marshall Garrett as he walked into the parlor where everyone had gathered around the large table. With his hat in his hand, Pat Garrett walked into the room and looked around before speaking, “We have a situation here.” 

“Yes we do, marshall.” Doc coughed.

“I have a dead man lying at Maxwell’s ranch.  His sister is very distraught and no matter what is said or done, there is no way I can get the coroner to sign off on the death certificate claiming he is Billy the Kid or William McCarthy.” Marshall Garrett sat down in an empty chair at the end of the table. “If this does not take place, we are left with a dilemma.”

“Which is?” Saunders leaned on his elbows on the table.

“Means I will have to continue to search for Billy the Kid after the newspapers have reported I killed him last night at Maxwell’s place.” He tossed his hat in front of him on the table. “People are screaming for justice after the cold blooded murder of Bob Orlinger.” 

“It was an escape.” Billy snapped.

“Sure, sure, but he was a lawman and you know what the penalty is for killing a lawman, right?” Garrett let the question hang in the air. “I shot Jose Mendez last night.  It was dark.  I thought he was he Kid coming to see his sweetheart.  I had no way of knowing that Jose was there in that room warning his sister about the trap we had set for the Kid.  He was afraid that she could get hurt in the crossfire. When I heard a voice call out ‘Quien es?’ I figured it was the Kid speaking to his sweetheart, so I opened fire.”

There was a heavy silence that hung in the room as everyone looked at each other. Billy Smith was the only one standing with his arms folded over his chest wearing an expression of complete disdain on his face. 

“What I need to know is which one of you is Billy the Kid.” Marshall Garrett looked around the room to see if someone would betray themself with a quick smirk of roll of the eyes. 

“You know no one will fess up.” Smith shook his head as his resentment and agitation was beginning to leak through. Marshall Garrett shot Billy a quick glance as a warning not to let his famous quick temper leave the corral. 

“Orlinger and his deputy were murdered.” Garrett tilted his head. “Governor Wallace is demanding justice.” 

“And we had our share of men die in open warfare with the Dolan Gang.” Smith said in a terse voice, “Where is our justice?” 

Marshall Garrett picked up his hat and twirled it in his hands, “You know how things go around here.” 

“We do.” Smith acknowledged, “Which is why we formed the Regulators in the first place.  We needed something to fall back on for protection...heck, that’s why we invented Billy the Kid.”

Marshall Garrett looked up at Billy Smith as a wry smile flashed across Billy’s face.

“Made up?” Garrett gasped. 

“Yup.” Smith nodded, but he was not the only one.  As a matter of fact, most of the men seated around the table were nodding.  Marshall Garrett leaned on a vacant chair as you could have heard a pin drop. 

“Are you saying what I think you’re saying?” Garrett could not hide his own smile, but as he looked around the room all of them had their bandanas pulled up over their noses. He stood there in stunned silence as his eyes fell on each of them. 

“Yup.” Billy nodded, “Now tell me Marshall, which one of us is the Kid.”

He didn’t say a word.  He just shook his head, covering his smile with his right hand as he passed behind each of them as they sat at the table, some of them were giggling.  Marshall Garrett looked at each of them, he saw Billy Smith was right.  Everyone of them could be Billy the Kid, even Doc Surlock with fierce eyes and fair complexion.  Yes, even Doc  could be the famous outlaw once his face was covered. Mrs. McSween came in carrying a tray of refreshments wearing a bandana around her mouth and nose. 

“I could arrest you all.” Garrett shook his head, still smiling.

“And hang us all?” Billy shrugged.  Yginio’s eyes widened at Billy’s hard question. 

“That would pose a problem, now wouldn’t it?” He stood up as they all removed their kerchiefs chuckling. “So what are we going to do?” 

“We say you killed the Kid.” Billy suggested and each of them sitting around the table nodded in agreement.

“Who’d believe it?” Garrett shrugged.

“Well for one thing, the newspapers are already saying you killed the most wanted outlaw in the territory.” Billy tilted his head back. “We just tell them they’re right.  Marshall Pat Garrett killed Billy the Kid at Maxwell’s Ranch on July 14, 1881.  I’m sure if you make a deal with the coroner of some kind, you could get him to sign off on the death certificate.”

“And everyone would be alright with that?” He pursed his lips as he thought it over.  Mistakes were made, newspapers did not always get it right and still the world turned day into night without missing a single beat.  Honesty was preferred, but in the absence of honesty anything close would suffice.  

“It would give Jose a proper resting place.” Billy mused.

“What about the war?” Marshall Garrett shot Billy a sidelong glance.

“The Lincoln County War is over.” He spread his arms wide, “Billy the Kid is dead and you, Marshall Pat Garrett were the lawman who shot and killed Billy the Kid.” 

Some of the members around the table began to applaud. 

“Yes, yes, Billy the Kid is dead.” Garrett uttered.

“Now if you are the smart man I know you to be, I would be on my way to Santa Fe to have a word with Governor Lew Wallace about the reward money.” Billy patted the marshall on the shoulder as he put his hat on his head.

“No one will ever know about what happened here, right?” Marshall Garrett pointed his finger at Billy and then Doc.

“No one.  History will record your name as the man who killed Billy the Kid.” Doc Surlock assured Garrett as the marshall headed for the door.

Only a handful of people showed up at the funeral for Billy the Kid a.k.a. Jose Mendez at Fort Sumner, New Mexico.  The crowd gathered under the hot sun included the remaining members of the Regulators and Rosarita, Jose’s sister all to hear the minister read some standard verses from a well-worn Bible  

Marshall Garrett was already on a train headed for Santa Fe where he was to meet with Governor Wallace, have his photograph in every major newspaper and collect the reward for killing Billy the Kid.

“He loved you like a brother.” Rosarita put her head on Billy Smith’s shoulder as they walked from her brother’s grave with the others following. 

“He will rest in peace here.” He kissed her on the top of her veiled head.

“And all this killing will stop?” She looked up at him with her brown eyes filled with tears. 

“Yes, I promise.” He nodded.

“I know that will make him happy.” She said softly, “He was a peaceful man at heart.” 

“It’s a shame we can’t all be like that.” He helped her into the carriage that would take her back to the Maxwell Ranch where she would remain in their employ until she would peacefully pass away many years later. 

************

Fort Sumner, NM

In a Toyota Rental 

April 2002

Grady leaned back in the passenger’s seat pausing before he concluded, “That’s how he told me the story.  There are not many people who know the real truth about what happened here.  I feel very fortunate to be one of few who does know.  When we came to this place back in Septembre 1947, there was just a small plaque that read, “Here lies Billy the Kid, one of the most notorious outlaws of the Old West, (1860-1881).” 

Ellis and Grady got out of the Toyota rental car and walked to the grave maker of Billy the Kid in the middle of the Fort Sumner town square.  It was already sweltering hot and there was a hint of shade anywhere in sight.  

Ellis leaned over the rail to read the sandstone grave marker over Billy the Kid’s grave.  Scratched into the stone simply read a single word, “Pals.”  Buried next to Billy were the graves of Tom O’Follard and Charlie Bowdre.  Ellis pulled out his pocket camera and snapped a quick photograph.  

Grady Lawton smiled and put his arm around Ellis, “I took that picture of Billy Smith when we stopped by this monument over fifty years ago now, his head bent in prayer.  As we drove away, he told me the story.  He never once told me to keep it a secret, but then I figured there are some things that are better left buried.”