Two New Mexico Territory Documents Signed by Pat Garrett

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first is a subpoena issued by the Territory District Court of New Mexico, for James Lewis, William Baker, Lemuel Tanner, James Gould, Lee Green and Jacob Gould to testify in the case of the Territory vs James Gilliland, et al. Dated 27 Sept. 1898. Attached to it is a Sheriff's Return slip indicating that P.F. Garrett was owed $6.50, $6 for serving the subpoena, and $0.50 unspecified expense. Signed by Garrett as Sheriff of Dona Ana County. Apparently the court found reason to indict Gilliland, since the second document is a warrant for his arrest, issued 17 Nov. 1898, for larceny of a calf. Gilliland was not located; the front of the warrant notes Non Est Garrett Sheriff - indicating he was not able to serve the warrant. This was not Garrett's first run-in with Gilliland. Born in 1850 in Alabama, in 1869 Patrick Floyd Garrett followed the "flood" of Civil War veterans West. After trying his hand as a cowboy in Texas, he found work as a buffalo hunter. Reportedly, he was so good at his job, the skinners could not keep up with him. After killing a fellow hunter, he claimed in self-defense, Garrett's hunting career ended, and he became a gambler in the Fort Sumner area, where he reportedly met Henry McCarty, aka William Bonney, aka Billy the Kid. After failed attempts to establish his own restaurant/saloon, Garrett decided to become a lawman. He ran for and was elected Sheriff of Lincoln County in 1880. His first assignment was to stop Billy the Kid. Garrett and his posse arrested "the Kid" at Stinking Springs, NM. "The Kid" was tried and convicted, but while awaiting hanging, he escaped. Garrett decided that would not happen again; knowing "the Kid" (and exactly how well he knew him is still controversial), he quickly located him, hid in the dark and gunned him down at the first opportunity. After putting an end to "The Kid's" reign of terror, unfortunately, the remainder of Garrett's life would be anticlimactic. He was reportedly ill-tempered and a drunk, which may have contributed to his failing to win re-election in 1882. He seems to have taken up ranching and worked on the biography of Billy the Kid, which was published in 1883. He also apparently kicked around the area taking small assignments, such as probate research and serving warrants. He was defeated in election bids for sheriff of Grant County and Chaves County, and for the New Mexico State Senate. So he left New Mexico for Texas in 1891, where he was recruited by Jordan McAllister on behalf of the LS Ranch to organize the Home Rangers in the Texas panhandle to break up the Cowboy Strike. Garrett returned to New Mexico in 1896 to investigate the disappearance of Albert Jennings Fountain and his 8-year-old son, Henry, near Las Cruces. He was appointed Sheriff of Dona Ana County in August, and won election to the post in 1897. Evidence indicated that the disappearance of the Fountains was tied to Oliver Lee, whom Fountain was prosecuting as a cattle-rustler and land-grabber. Also suspected were Lee's employees, Jim Gilliland and Billy McNew. Unfortunately, Lee was an associate of Albert Fall, a corrupt and powerful ex-judge and attorney. (Fall eventually became the first U.S. cabinet member to go to jail for his part in the Teapot Dome scandal as Harding's Secretary of the Interior.) Because he did not think he could get a fair hearing on the evidence in court, Garrett did not seek an indictment for the trio for two years. McNew was arrested quickly, but Lee and Gilliland went into hiding. Garrett finally caught up with them in July 1898. In the ensuing gun battle, one of Garrett's deputies was killed and the posse retreated. One can imagine that Garrett did not relish another encounter with Gilliland less than 6 months since the last one. Lee refused to surrender, stating that he doubted he would ever make it to trial if he surrendered to Garrett. The solution was suggested by Fall. Dona Ana County would be divided; the new county, Otero, would contain the site of the Fountain disappearances; and, of course, Fall would get a whole county to "control." Lee and... read more

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