Tuesday, July 26, 2011

Wyatt Earp -- Was Wyatt A Horse Thief?

Horse thieves lived dangerously in the Old West. While stealing a horse in the East was considered a misdemeanor, the opposite was the case in the American West where a horse theft was considered a serious crime worthy of a rope and a short drop. 

Fact is that there's no telling just how many horse thieves got a taste of Frontier Justice hanging from a tree limb after the law or the real owner caught up with them. 

Of course there was, more likely than not, the local vigilance committee. Let's not forget that law was not very common back then. To have some law and order, many towns formed vigilante groups.

These "vigilance committees," better know as vigilante groups, were made up of the local citizens when no law was available and criminals preyed upon the citizenry. Some think of vigilante groups as masked men who hid their identity.

That may have gone on in some parts of the country, but it was not the norm and certainly not everywhere. Fact is that most folks knew exactly who was on the vigilance committee of their town. Small towns are like that. Folks usually have an idea of what's going on around them. That's just the way it is in the country.

Also there was another part of belonging to the local vigilance group, the same men that belong to that group were most likely the same one's on the volunteer fire department and the one's who help build their town.  And besides, most vigilance groups provided their towns and the area they lived in with a sense of security and an immediate response to crime.

Some people don't understand that vigilance groups in the old west was just an organized "hue and cry." In common law, a "hue and cry," which I believe is Latin for "a horn and shouting," is the process used when citizens are summoned to assist in the apprehension of a criminal.

The "hue and cry" is what came before organized law enforcement was ever established. Citizens who witnessed a crime would call out for help, and other citizens would quickly respond. And in fact in Old English law, it was a crime if you didn't respond. 

The "hue and cry" was the law that meant that anyone who witnessed a crime could make a "hue and cry," and that the "hue and cry" must be kept up against the fleeing criminal until the felon is apprehended. It meant that all able-bodied men, upon hearing the shouts and calls for help, were obliged to assist in the pursuit of the criminal.

This is where we get the tradition of forming Posses to pursue outlaws and bandits, rustlers and horse thieves. The "hue and cry" is comparable to the Posse Comitatus law which says that all able-bodied men when asked will assist.

In the mining towns and camps like this part of the Mother Lode Country here in California, miners set up Miner's Courts to establish laws. And yes, miners set up vigilante groups to protect claims, settled claim disputes, and even protect miners and newcomers.  During the 1850's, thousands of San Francisco residents openly formed the Vigilance Committees to take back control of the city government from crooked city officials who they saw as being corrupt.

Vigilance groups are also said to have mediated land disputes during range wars, ruling on ranching areas and ranch boundaries. They also registered cattle brands, and yes, they also protected cattle and horses from rustlers and thieves. Folks understood that people will steal horse, and the horses needed to be protected.

"There ain't nothing lower than a horse thief!"

To me, one of the lowest life forms on earth is a horse thief! And I'm not alone thinking that way these days, but it's nothing new. Many folks in the Old West thought so, after all being afoot in the west meant ruin or death. Back then a horse was not a pet, he was a tool and just maybe companion -- but a horse could definitely be a part of your livelihood. 

To many, a horse not only meant transportation, but more importantly something you had to have in order to work and make a living. If you were a farmer or a rancher and your horses were stolen, then that criminal act could mean the end to your farm or problems herding cattle and working the range. If you were a traveler atop your horse and stopped by a Highwayman, who then robbed you and stole your horse leaving you afoot, it could mean your death.

Yes, a death brought on either at the hands of Indians or death at the hands of the elements. That, my friends, is why they hanged horse thieves in the Old West. There were few things that matched how people looked at horse thieves back then. Horse thieves were considered lower than snakes, vermin, as no good and dirty rotten as one can get in life.

Even the term "Horse Thief" was an insult back then, and still is in some places today. The term is plain language for someone lacking any shred of moral decency. These days, they might not be hung for stealing horses. But the fact is, today there are still horse thieves who are no good dirty rotten scoundrels who should face the full measure of the law. 

Today most stolen horses end up in horse auctions or slaughter houses. And whatever you do, please don't think that it can't happen to you. I read where horse thieves are a very real law enforcement problem throughout rural America.

Fact is, one estimate puts the figure at as many as 40,000 to 55,000 horses stolen each year.

Today stealing a horse is still grand theft under California law. That California statute went into effect January 1st, 1997. It was amended in 2008, but this statute can be traced back to the 1800's.

California consolidated a variety of common law crimes into theft in 1927. Horse theft has always been what is considered an elevated class of "grand theft". The larceny of a horse was grand larceny as late as 1882, even though its value was less than $50.  (People v. Salorse (1882) 62 Cal 139, 1882 Cal LEXIS 709).

It just shows how serious of a crime it was, and really still is. Granted no one's going to legally hang a man for stealing a horse today. That's not to say that some wouldn't want to, but these days it is a felony and prison will be there for a horse thief. There is a problem today in that many states do not require that a person who is in possession of a horse show proof of ownership of the horse.

This means that horse thieves today can sell stolen horses at horse auctions, slaughter houses, or privately with very little fear of the law looking into where the horse came from. This allows horse thieves to relax and not worry about criminal prosecution. Why, well all because this is the way the law works in many states.

Fact is that in many states today, even if your horse is properly identified, there are many auction houses and slaughterhouses that are not forced by law into making any sort of inspection of these markings. Cattle rustlers have a harder time stealing cattle these days because of Brand Inspectors, but the odds are in favor of not getting caught. And yes, like stealing cattle, stealing horses goes unpunished in many cases.  

As for Wyatt Earp the Horse Thieve?

A young Wyatt Earp

If we talk about going unpunished, this isn't anything new. After all, even famed Old West lawman Wyatt Earp was a horse thief. Imagine that! I guess there's no telling who is low enough to steal horses!

It happened in Arkansas, during April of 1871, Wyatt Earp was accused of horse theft in the Indian Territory. And yes, because it was a Territory, it was covered by Federal Law. 

The actual theft happened on the 28th of March when Wyatt Earp and Edward Kennedy got John Shown drunk and talked him into going along with them in stealing two horses from one James Keyes. The plan was for John Shown was to take the horses 50 miles north where the others would meet him.

The scheme would have work if the owner of the horses, James Keyes, had given up on his horses. Instead, he caught up with the thieves three days later. After Keyes recovered his stock, he subsequently filed charges against Wyatt Earp, Ed Kennedy and John Shown in federal court in Van Buren, Arkansas.

Yes, it really happened, and unlike what some Old West historians will say, Wyatt Earp was not some snot nosed kid when it happened. In fact, he was a 23 year old man. And yes, he knew exactly what he was doing.

As for being charged, the Federal Government started legal action against Wyatt Earp and his alleged accomplices right away. A "Bill of Information" was filed on April 1, 1871:

"April 1, 1871, Bill Of Information. U. S. vs Wyatt S. Earp, Ed Kennedy, John Shown, white men and not Indians or members of any tribe of Indians by birth or marriage or adoption on the 28th day of March A. D. 1871 in the Indian Country in said District did feloniously willfully steal, take away, carry away two horses each of the value of one hundred dollars, the property goods and chattels of one William Keys and prey a writ [signed] J. G. Owens."
Based on Deputy United States Marshal J. G. Owens' sworn statement a writ was issued by Commissioner James Churchill to bring the accused parties before the District Court.

United States of America, Western District of Arkansas


To the Marshal of the Western District of Arkansas, -- Greetings.

WHEREAS, complaint on oath hath been made before me, charging that Wyatt S. Earp and Edward Kennedy did on or about the 28th day of March A.D. 1871, in the Western District of Arkansas feloniously steal and take away two horses from the lawful possession of James Keys, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the United States.

NOW THEREFORE, You are hereby Commanded, in the name of the President of the United States to apprehend the said Wyatt S. Earp and Edward Kennedy and bring their bodies forthwith, before me, Jas. O. Churchill, a Commissioner appointed by the United States District Court for said District, whenever they may be found, that they may then and there dealt with accordingly to law of said offense.

Given under my hand this 1st day of April, A. D. 1871, in the 95th year of our Independence.

Jas. O. Churchill
U. S. Commissioner, Western Dist. Arks.

It was on April 6th, 1871, when Deputy United States Marshal J. G. Owens took Wyatt Earp into custody charging him with stealing horses. Commissioner James Churchill arraigned Wyatt Earp on April 14th, 1871. His bond was set at $500. Believe it or not, this is all true. 

For Wyatt Earp, who was locked up, to have a bail set at $500 shows the importance of the crime. Friends, the sum of $500 was a huge sum of money in 1871. To give you an idea of how much money it was, understand that in 1871 a United States Congressman made about $5000 a year, and the average working cowboy at the time made about $27 a month. We should note that $500 in the year 1871 is worth $8,886.00 in 2011.

Wyatt was never a Cowboy, but his income was hardly much more than one at that time of his life.
And to give you an idea of what he was making those days, records show that years later when Wyatt Earp was appointed to the Wichita police force on April 21, 1875, he was paid a salary of $60 a month. And even later, in 1878, when he was Assistant Marshal of Dodge City, Wyatt's salary was $75 per month.

So whether the amount of bail was a big factor or not, no one knows, because 23 year old Wyatt Earp didn't let something like a $500 bail bond stop him from getting out of jail. Fact is that he remained in custody until he escaped in early May of 1871. Yes, he escaped.

After his escape, on May 15th, 1871, Wyatt Earp was indicted on the charge of stealing horses. And believe it or not, following his escape, a warrant for his arrest was actually issued. But no, it was never served and returned on November 21st, 1871.

Why was it returned unserved? I can't seem to find out the full story on this, but it sounds like it was dropped because of a "lack of service." That means that it simply was seen as not worth going after since they were short handed and the perpetrator had gotten away. The other part of this story is that the Territory simply didn't have the manpower to go after an escaped horse thief, especially since his alleged co-defendant, who was lucky enough to have not escaped, Edward Kennedy, was later acquitted of the charge because of a lack of evidence.

Anna Shown, wife of John Shown, in a sworn statement accused Wyatt Earp and Ed Kennedy of forcing her husband to help steal the animals.

She also claimed that Earp and Kennedy had threatened to kill her and her husband if he turned State's evidence and testified against them.

According to records it's believed that Wyatt Earp did indeed steal the horses, although he was never tried for it in court. From what has been written, and records, it was assumed that Anna Shown's claims against Wyatt Earp and Ed Kennedy were true.

All in all who knows where it would have lead, but this incident wasn't the first to throw a bad light on the man who would later become a famed lawman after his death. In fact many researchers today question Wyatt Earp's actions during his life. It has lead some to wonder what side of the law was Wyatt Earp really on?

As for Wyatt Earp almost getting his neck stretched for being a Horse Thieve?  Well, it's said that no one was ever hanged legally for stealing a horse. But as we've discussed, that didn't mean that it wasn't done.

It's said that Earp was never shot because he was lucky, and maybe that has some truth to it. Maybe he was very lucky. And yes, to me, it sounds like his luck started when he out ran Frontier Justice and maybe a vigilante's hangman noose for being a horse thief. 

For me, I can't help but question the moral and ethical quality of anyone who would steal a horse. They are not exactly men of fine honorable character. And really, now that I think about it, a low down horse thieve is not that odd for a man who would be arrested many times as a Pimp!

Click here to read that story! Was Wyatt A Pimp?

Tom Correa


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