“Who is it, Pete?” Garrett whispered to Maxwell.
“That’s him,” Maxwell responded.
Billy the Kid realized that someone besides Maxwell was there in the darkness, and raised his pistol within a foot of Garrett’s chest. “Who’s that?” he asked, in Spanish.
Garrett quickly drew his revolver and fired two shots. The first shot hit Kid in the chest. “He never spoke,” Garrett recalled. “A struggle or two, a little strangling sound as he gasped for breath, and The Kid was with his many victims.”
When Garrett and the deputies examined Billy the Kid’s gun, they found that he had five cartridges and one shell in the chamber, with the hammer resting on it. If he hadn’t hesitated, Garrett might have been the one lying dead on the floor.
“It was the first time, during all his life of peril, that he ever lost his presence of mind, or failed to shoot first,” Garrett wrote.
The next day, according to Garrett, a Coroner’s Jury held an inquest, determined that the dead man was Billy the Kid, and ruled that Garrett’s killing of him had been a justifiable homicide. The outlaw’s body was buried that same day. Garrett noted that the corpse went into the grave fully intact, in order to discredit opportunists who were exhibiting skulls, fingers and other body parts that they claimed had belonged to Billy the Kid. “One medical gentleman has persuaded credulous idiots that he has all the bones strung upon wires,” Garrett wrote with disdain.
Billy the Kid's Grave Markers Are Lost
Unfortunately, the body isn’t available for exhumation and DNA comparison with Billy the Kid’s mother Catherine Antrim, who is buried in Silver City, New Mexico. That’s because the grave markers in Fort Sumner’s Old Military Cemetery were washed away in a flood in September 1904, according to Richard Melzer’s book Buried Treasures: Famous and Unusual Gravesites in New Mexico History. A few decades later, three of Billy the Kid’s surviving pallbearers were asked to help locate the spot where their friend had been buried, but they picked three different graves.
As a result, “it’s impossible to tell which of the bodies in the cemetery are his,” Motavalli says.
Retired Arizona State University history professor Robert J. Stahl tried unsuccessfully in 2015 to convince New Mexico officials to issue a belated death certificate for the outlaw, but his petition was rejected by the state’s Supreme Court. He also compiled a detailed list of the witnesses who saw the outlaw’s body after his death and before his burial. Instead of hiding the body, “Garrett’s intention was to let people see whom he had shot and to let those who desired pay their final respects to this much–liked young man,” Stahl noted.
That fact points to the likelihood that Billy the Kid was indeed killed that night in Fort Sumner, in the manner that Garrett described.
But that still isn’t likely to dispel the rumors. As Motavalli explains, “People are always willing to believe alternative theories.”