Today –April 28th- is the 123rd anniversary of Billy the Kid’s spectacular escape from the Lincoln Courthouse. There are a lot of different opinions/versions on how Billy the Kid pulled it off; did he over power Bell after knocking him senseless with his handcuffs, or did he get a gun hidden for him in the outhouse, or did he snatch Bell's gun while they were playing cards, or did he get ahead of Bell going up the stairs and broke into the armory before Bell could reach him (that one I highly doubt)? Anyways, below is my outlook about it from my Billy the Kid Biography:
About a week after the Kid's arrival, Garrett had left Lincoln to collect taxes, leaving his two guards in charge. On April 28, at noon, with only two lawmen in the whole town, the Kid saw his golden opportunity. He knew it was Olinger’s turn to take the other prisoners, who were also confined at the courthouse, across the street for lunch at the Wortley Hotel (the Kid ate his meals in his room), which meant only Bell would be at the courthouse to guard him. The Kid knew, out of his two guards, it would be best to make his move on Bell who was easy-going and not on a power trip as Olinger was. As soon as Olinger was long gone with the other prisoners and eating his meal, the Kid then made his move. The only time the Kid was allowed to leave the room was for visits to the privy, so he asked Bell to take him outside.
What happened next is a subject for debate; one version, which seems the more popular, is that the Kid retrieved a gun that was hidden in the privy by a friend. As he entered the courthouse and climbed the stairs and reached the top, he turned around with the gun drawn and told Bell to surrender. Bell panicked and spun around to run down the stairs leaving the Kid with no choice but to shoot him.
The next version, which I find the most logical, comes from the Kid himself. After his escape, the Kid told his friend, John Meadows, whom he visited right after he left town a free man, that he slipped his small hand out of one of the cuffs, whacked Bell over the head and jerked Bell’s revolver out of the holster and told him to throw up his hands. But instead, Bell turned and ran down the stairs and the Kid shot him. This then explains the two gashes found on Bell’s head, the scuffling sound which was heard from the groundskeeper, Gottfried Gauss, who was standing outside by the door and caught the dying Bell as he rushed into his arms, and lastly, it explains why Bell just ran instead of pulling out his own gun and shooting as he fled. After all, Bell was a veteran lawman, and couldn’t have been that timid (or stupid).
At the restaurant, Olinger heard the shots fired and darted outside. As he rounded the gate into the yard of the courthouse, he heard a familiar voice, “Hello Bob.” he looked up and saw the Kid at the window with his own shotgun pointing right at him. At that moment, the startled groundskeeper came running from behind the building, saw Olinger and yelled out, “The Kid killed Bell!” Olinger then replied, “Yes, and he’s killed me too.” The Kid then let Olinger have it with both barrels, and his tormentor and killer of his friend John Jones, fell dead.
Next, he had Gauss toss him up a small pick that was lying on the ground, and told him to saddle a horse. The townspeople made no move to interfere as the Kid took his sweet time in leaving. After using the pick to free only one leg from the shackles, the Kid went out on the balcony and saw that a small crowd had gathered and was watching from from across the street; a witness’s statement of what the Kid said would verify how he killed Bell:
“He stood on the upper porch in front of the building and talked with the people who were in Wortley’s, but he would not let anyone come towards him. He told the people that he did not want to kill Bell, but as he ran, he had to. He said he grabbed Bell’s revolver and told him to hold up his hands and surrender; that Bell decided to run and he had to kill him. He declared he was ‘standing pat’ against the world; and while he did not wish to kill anybody, if anybody interfered with his attempt to escape, he would kill him.”
After arming himself with revolvers and a rifle, he went down the stairs and out the back door. As he passed the body of Bell, Gauss heard him say, “I’m sorry I had to kill you, but couldn’t help it.” As the Kid went around the building to the gate, with Gauss probably following behind leading a saddled horse, the Kid came to the blood-soaked body of Olinger. Showing no remorse as he had showen for Bell, he kicked the corpse and said “You’re not going to round me up again!”
The Kid mounted the horse with some difficulty on account of his leg irons that were dangling from one leg and rode off. The townsmen made no move to stop him, though they could have easily mobbed or shot him to death, but instead they stood back and allowed him to escape. It wasn't because they were “paralyzed with fear” as Garrett claimed, but more likely, it was out of sympathy and understanding of Billy the Kid's predicament.
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~ Marcelle Brothers, Webmaster of About Billy the Kid & Forum Administrator ~
There are so many theories out there as to how Billy got the gun...from Pat Garrett leaving it in the privy, a kid was sent to leave it in the privy, friends leaving it in the privy, girlfriends leaving it in the privy....we may never know for sure, so it's all pretty much conjecture at this point. All we know is, he got a gun and made his escape.
I have read the Bell's gun was still in his holster and Bell's gun was never fired that day, so he had to have obtained a gun from somewhere other. I've also read that Bell had a big gash on his forehead, and the theory on that is that Billy bopped Bell over the head before he was shot.
Just like with everything else involving Billy the Kid it's a mystery. Between the two most popular versions (gun in the privy vs. Bell's own gun), the privy version has a bit more holes and unanswered questions; such as, who left the gun in the privy? How did Billy know about it? Was he allowed visitors? Some sources say he was, others say he wasn’t –which is it? How could the guards be so careless not to notice a message or a whisper being passed on to Billy or not examine the privy for weapons before Billy went in? If Bell was armed why would he take such a crazy risk as turning his back and running down the stairs, when he could’ve at least gave himself a fighting chance and draw on Billy or fire his gun as he ran, instead of just running away and making himself a defenseless target. Why didn't Billy confided in at least one person, like John Meadows, that a gun was hidden for him instead of telling the consistent story of taking Bell's gun? He would’ve only made himself look bad for shooting an unarmed man as he was running for his life, you think he would’ve been glad to say he got a gun hidden for him and that Bell was armed. Lastly, there were several people that all had their own creative tale to tell about Billy’s escape (majority, if not, all weren’t even there that day but heard the story second or third hand), so how reliable are they? These are some of the questions I couldn’t answer to convince myself of the privy theory.
So far Billy’s explanation of taking Bell's gun makes the most sense to me. Billy could’ve easily replaced Bell’s gun, so it wouldn’t make him look too shady to shoot a man from behind (Code of the West you know), then there’s the two gashes found on Bell’s forehead (I don’t know why Billy would clock him before shooting him), and the timing was just too perfect; Garrett was out of town, Olinger was across the street, and Bell was alone. Did Billy know a gun was in the privy waiting for him and was just biding his time for the right moment or did he see a golden opportunity that day and took matters in his own hands? I wouldn’t bet my life that Billy snatched Bell’s gun, I'm still open to changing my mind if evidence or persuading conclusions can support the privy theory.
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~ Marcelle Brothers, Webmaster of About Billy the Kid & Forum Administrator ~
What bothers me about the Privy theory is that..assuming that it unlocked and opened so that anyone can stash a gun in there, it was unlocked and opened to anyone that could find that same pistol before Billy got to it. (Luck had to be on Billy's side when he came across it)
I'm also assuming the lawmen used that same privy through out the day, so it would have been just as easy for the lawmen to see it and remove it before Billy went in.
As to why Billy hit Bell over the head...I don't doubt they could have got into a scuffle. I agree, Billy could have put Bell's gun back in it's holster, but what about the accounts that Bell's gun was never fired? I don't think Billy used Olinger's shotgun on Bell, or else he would have been riddled with buckshots like Olinger's face was, so that idea is out the window... I think both stories have a few holes in it and like you, someone has to come up with a full explanation before I believe 100% in one scenerio or the other.
I have the book History of the Lincoln County War written by Maurice G.Fulton and it states that a Judge Lucius Dills found that Bells gun was in his holster and hadn,t been fired when his body was removed.
It seems odd that Billy would hit bell if billy had a gun but maybe Bell grabbed Billy and tried to fight with him but Billy started to get the upperhand so he decided to run out of desperation.
I thought the cuts on bells head could have happened when he fell to the ground dead.
I found out from frederick Nolan that Judge Lucius Dills was not in Lincoln at the time of the escape he was in texas and didn,t do his investigation until four years later so i don,t know how much trust you can put in it.
I don't buy the gun in the privy theory. I never could. And there are WAY TOO MANY holes in this story. But it's going to be a mystery until someone comes forward with new information that can be proven. Which is unlikely.
All I can say is it was an amazing and daring escape!