Wyatt Earp -- Was Wyatt A Horse Thief?



A young Wyatt Earp

If we talk about horse thieves going unpunished, the famous Wyatt Earp was a horse thief who never paid for what he did. Imagine that! I guess there's no telling who is low enough to steal horses!

It happened in Arkansas, in 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 for John Shown was to take the horses 50 miles north where the others would meet him.

The scheme would have worked 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. So 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

THE PRESIDENT OF THE UNITED STATES OF AMERICA:

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. The 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 recorded, 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 led, 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 led 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 Thieves?  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 outran 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 thief 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