in 1893 Bonney and three other survivors of the
Battle of Lincoln were near the Mescalero Indian Agency when the agency bookkeeper, Morris Bernstein, was murdered on August 5, 1878. All four were indicted for the murder, despite conflicting evidence that Bernstein had been killed by Constable Atanacio Martinez. All of the indictments except Bonney's were later quashed. On October 5, 1878,
U.S. Marshal John Sherman informed newly appointed Territorial Governor and former Union Army general
Lew Wallace that he held warrants for several men, including "William H. Antrim, alias Kid, alias Bonny" but was unable to execute them "owing to the disturbed condition of affairs in that county, resulting from the acts of a desperate class of men". Wallace issued an amnesty proclamation on November 13, 1878, which pardoned anyone involved in the Lincoln County War since Tunstall's murder. It specifically excluded persons who had been convicted of or indicted for a crime, and therefore excluded Bonney. On February 18, 1879, Bonney and friend
Tom O'Folliard were in Lincoln and watched as attorney Huston Chapman was shot and his corpse set on fire. According to eyewitnesses, the pair were innocent bystanders forced at gunpoint by
Jesse Evans to witness the murder. Bonney wrote to Governor Wallace on March 13, 1879, with an offer to provide information on the Chapman murder in exchange for amnesty. On March 15, Governor Wallace replied, agreeing to a secret meeting to discuss the situation. He met with Wallace in Lincoln on March 17, 1879. During the meeting and in subsequent correspondence, Wallace promised Bonney protection from his enemies and clemency if he would testify before a
grand jury. On March 20, Wallace wrote to Bonney, "to remove all suspicion of understanding, I think it better to put the arresting party in charge of Sheriff Kimbrell [sic], who shall be instructed to see that no violence is used." Bonney responded on the same day, agreeing to testify and confirming Wallace's proposal for his arrest and detention in a local jail to assure his safety. On March 21, he let himself be captured by a posse led by Sheriff George Kimball of Lincoln County. As agreed, Bonney provided a statement about Chapman's murder and testified in court. But after his testimony, the local district attorney refused to set him free. Still in custody several weeks later, Bonney began to suspect Wallace had used subterfuge and would never grant him amnesty. He escaped from the Lincoln County jail on June 17, 1879., Bonney avoided further violence until January 10, 1880, when he shot and killed Joe Grant, a newcomer to the area, at Hargrove's Saloon in
Fort Sumner. The
Santa Fe Weekly New Mexican reported, "Billy Bonney, more extensively known as 'the Kid', shot and killed Joe Grant. The origin of the difficulty was not learned." According to other contemporary sources, Bonney had been warned that Grant intended to kill him. He walked up to Grant, told him he admired his revolver, and asked to examine it. Grant handed it over. Before returning the pistol, which he noticed contained only three cartridges, Bonney positioned the cylinder so the next hammer fall would land on an empty chamber. Grant suddenly pointed his pistol at Bonney's face and pulled the trigger. When it failed to fire, Bonney drew his own weapon and shot Grant in the head. A reporter for the
Las Vegas Optic quoted Bonney as saying the encounter "was a game of two and I got there first". In 1880, Bonney formed a friendship with a rancher named Jim Greathouse, who later introduced him to
Dave Rudabaugh. On November 29, 1880, Bonney, Rudabaugh, and
Billy Wilson ran from a posse led by sheriff's deputy James Carlysle. Cornered at Greathouse's ranch, he told the posse they were holding Greathouse as a hostage. Carlysle offered to exchange places with Greathouse, and Bonney accepted the offer. Carlysle later attempted to escape by jumping through a window, but he was shot three times and killed. The shootout ended in a standoff; the posse withdrew, and Bonney, Rudabaugh, and Wilson rode away. A few weeks after the Greathouse incident, Bonney, Rudabaugh, Wilson, O'Folliard,
Charlie Bowdre, and
Tom Pickett rode into Fort Sumner. Unbeknownst to Bonney and his companions, a posse led by
Pat Garrett was waiting for them. The posse opened fire, killing O'Folliard; the rest of the outlaws escaped unharmed.
Capture and escape On December 13, 1880, Governor Wallace posted a $500 bounty for Bonney's capture. Pat Garrett continued his search for Bonney; on December 23, following the siege in which Bowdre was killed, Garrett and his posse captured Bonney along with Pickett, Rudabaugh, and Wilson at
Stinking Springs. The prisoners, including Bonney, were shackled and taken to Fort Sumner, then later to
Las Vegas, New Mexico. When they arrived on December 26, they were met by crowds of curious onlookers. The following day, an armed mob gathered at the train depot before the prisoners, who were already on board the train with Garrett, departed for Santa Fe. Deputy Sheriff Romero, backed by the angry group of men, demanded custody of Dave Rudabaugh, who during an unsuccessful escape attempt on April 5, 1880 shot and killed deputy Antonio Lino Valdez in the process. Garrett refused to surrender the prisoner, and a tense confrontation ensued until he agreed to let the sheriff and two other men accompany the party to Santa Fe, where they would petition the governor to release Rudabaugh to them. In a later interview with a reporter, Bonney said he was unafraid during the incident, saying, "if I only had my Winchester I'd lick the whole crowd." The
Las Vegas Gazette ran a story from a jailhouse interview following Bonney's capture; when the reporter said Bonney appeared relaxed, he replied, "What's the use of looking on the gloomy side of everything? The laugh's on me this time." After arriving in Santa Fe, Bonney, seeking clemency, sent Governor Wallace four letters over the next three months. Wallace refused to intervene, and he went to trial in April 1881 in
Mesilla, New Mexico. Following two days of testimony, Bonney was found guilty of Sheriff Brady's murder; it was the only conviction secured against any of the combatants in the Lincoln County War. On April 13, Judge Warren Bristol sentenced him to hang, with his execution scheduled for May 13, 1881. Poet and journalist Arthur Chapman wrote in an essay that upon sentencing, the judge told Bonney he was going to hang until he was "dead, dead, dead", and his response was, "you can go to hell, hell, hell." Although this fabricated story eventually entered legend, according to the historical record, he did not speak after the reading of his sentence. Following his sentencing, Bonney was moved to Lincoln, where he was held under guard on the top floor of the town courthouse. On the evening of April 28, 1881, while Garrett was in
White Oaks collecting taxes, Deputy
Bob Olinger took five other prisoners across the street for a meal, leaving
James Bell, another deputy, alone with Bonney at the jail. He asked to be taken outside to use the
outhouse behind the courthouse; on their return to the jail, Bonney—who was walking ahead of Bell up the stairs to his cell—hid around a blind corner, slipped out of his handcuffs, and beat Bell with the loose end of the cuffs. During the ensuing scuffle, Bonney grabbed Bell's revolver and fatally shot him in the back as Bell tried to get away. Bonney, with his legs still shackled, broke into Garrett's office and took a loaded shotgun left behind by Olinger. He waited at the upstairs window for Olinger to respond to the gunshot that killed Bell and called out to him, "Look up, old boy, and see what you get." When Olinger looked up, Bonney shot and killed him. After about an hour, Bonney freed himself from the leg irons with an axe. He obtained a horse and rode out of town; according to some stories, he was singing as he left Lincoln.
Recapture and death While Bonney was on the run, Governor Wallace placed a new $500 bounty on the fugitive's head. Almost three months after his escape, Garrett, responding to rumors that Bonney was in the vicinity of Fort Sumner, left Lincoln with two deputies on July 14, 1881, to question resident Pete Maxwell, a friend of Bonney's. Maxwell, son of land baron
Lucien Maxwell, spoke with Garrett the same day for several hours. Around midnight, the pair were sitting in Maxwell's darkened bedroom when Bonney unexpectedly entered. Accounts vary as to the course of events. According to the canonical version, when he entered the room, Bonney failed to recognize Garrett due to the poor lighting. Drawing his revolver and backing away, Bonney asked
"¿Quién es? ¿Quién es?" (Spanish for "Who is it? Who is it?"). Recognizing Bonney's voice, Garrett drew his revolver and fired twice. The first bullet struck Bonney in the chest just above his heart, while the second missed. A few hours after the shooting, a local justice of the peace assembled a
coroner's jury of six people. The jury members interviewed Maxwell and Garrett, and Bonney's body and the location of the shooting were examined. The jury certified the body as Bonney's and, according to a local newspaper, the jury foreman said, "It was the Kid's body that we examined." Bonney was given a wake by candlelight; he was buried the next day and his grave was denoted with a wooden marker. Five days after Bonney's killing, Garrett traveled to
Santa Fe, New Mexico, to collect the $500 reward offered by Governor Lew Wallace for his capture, dead or alive.
William G. Ritch, the acting New Mexico governor, refused to pay the reward. Over the next few weeks, the residents of Las Vegas, Mesilla, Santa Fe, White Oaks, and other New Mexico cities raised over $7,000 in reward money for Garrett. A year and four days after Bonney's death, the New Mexico territorial legislature passed a special act to grant Garrett the $500 bounty reward promised by Governor Wallace. Because people had begun to claim Garrett unfairly ambushed Bonney, Garrett felt the need to tell his side of the story and called upon his friend, journalist
Marshall Upson, to
ghostwrite a book for him. The book,
The Authentic Life of Billy, the Kid, was first published in April 1882. Although only a few copies were sold after its release, it later became a reference for historians who wrote about Bonney's life. ==Rumors of survival==