Harvey Whitehill
Encyclopedia
Harvey Whitehill was a sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....

 of the American Old West
American Old West
The American Old West, or the Wild West, comprises the history, geography, people, lore, and cultural expression of life in the Western United States, most often referring to the latter half of the 19th century, between the American Civil War and the end of the century...

, whose life as a lawman was documented in the book Sheriff Harvey Whitehill; Silver City Stalwart, by author
Author
An author is broadly defined as "the person who originates or gives existence to anything" and that authorship determines responsibility for what is created. Narrowly defined, an author is the originator of any written work.-Legal significance:...

 Robert Alexander. Alexander also wrote extensively about Whitehill in Six-Guns and Single-Jacks: A History of Silver City and Southwestern New Mexico.

Life on the frontier

Harvey Whitehill, a native of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

, ventured into New Mexico Territory
New Mexico Territory
thumb|right|240px|Proposed boundaries for State of New Mexico, 1850The Territory of New Mexico was an organized incorporated territory of the United States that existed from September 9, 1850, until January 6, 1912, when the final extent of the territory was admitted to the Union as the State of...

 about the time of the Apache Wars
Apache Wars
The Apache Wars were a series of armed conflicts between the United States and Apaches fought in the Southwest from 1849 to 1886, though other minor hostilities continued until as late as 1924. The Confederate Army participated in the wars during the early 1860s, for instance in Texas, before being...

 in the mid-1860s, and he took part in those. In 1874, Whitehill ran for and was elected sheriff of Grant County, New Mexico
Grant County, New Mexico
-2010:Whereas according to the 2010 U.S. Census Bureau:*84.9% White*0.9% Black*1.4% Native American*0.4% Asian*0.1% Native Hawaiian or Pacific Islander*2.8% Two or more races*9.8% Other races*48.3% Hispanic or Latino -2000:...

. The county seat
County seat
A county seat is an administrative center, or seat of government, for a county or civil parish. The term is primarily used in the United States....

, Silver City
Silver City, New Mexico
Silver City is a town in Grant County, New Mexico, in the United States. As of the 2000 census, the town population was 10,545. It is the county seat of Grant County. The city is the home of Western New Mexico University.-History:...

, was, at the time, an extremely wild town. Whitehill immediately set to policing it, and quickly gained the respect of its citizens. In early 1875, he befriended and hired gunman "Dangerous Dan" Tucker
Dan Tucker (lawman)
Dan Tucker, better known as "Dangerous Dan" Tucker, , is a little known lawman and gunfighter of the Old West. Author Bob Alexander, who wrote the biography Dangerous Dan" Tucker, New Mexico's Deadly Lawman, proclaimed Tucker was more dangerous and more effective than better known lawmen, including...

, a move with which many disagreed, due to Tucker having ridden with outlaw
Outlaw
In historical legal systems, an outlaw is declared as outside the protection of the law. In pre-modern societies, this takes the burden of active prosecution of a criminal from the authorities. Instead, the criminal is withdrawn all legal protection, so that anyone is legally empowered to persecute...

 John Kinney, but which ultimately would prove to have been the right choice for that time. With Tucker, Whitehill set about to tame the small frontier town. During this period, both Tucker and he were involved in numerous shootouts with outlaws and trouble-making miners, in addition to conducting several legal hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...

s following court convictions. Tucker would later be a subject in the book Deadly Dozen, by Robert K. DeArment, describing Tucker as one of the twelve most underrated gunmen of the Old West.

In April and September 1875, Whitehill arrested Billy the Kid
Billy the Kid
William H. Bonney William H. Bonney William H. Bonney (born William Henry McCarty, Jr. est. November 23, 1859 – c. July 14, 1881, better known as Billy the Kid but also known as Henry Antrim, was a 19th-century American gunman who participated in the Lincoln County War and became a frontier...

, then known as William Bonney, becoming the first lawman to do so. The first offense was for stealing cheese, and the second for stealing laundry. Whitehill would later state Bonney was an extremely likeable young man, and that his acts of theft were more due to necessity than him being a criminal, since his mother had recently passed away at the time. Also, Whitehill put to rest the legend that Bonney left Silver City due to having killed a man there, with Whitehill stating the killing was a rumor and never happened. He would personally know outlaw John Kinney, and evidently was well respected by both the citizens and the outlaw element. In 1882, a year after being credited with killing Billy the Kid, lawman Pat Garrett
Pat Garrett
Patrick Floyd "Pat" Garrett was an American Old West lawman, bartender, and customs agent who was best known for killing Billy the Kid...

 ran against Whitehill for the office of sheriff. It was ironic, in that Whitehill was the first lawman to arrest Bonney, whereas Garrett was the last. Garrett, who was not well liked in the area, was defeated by Whitehill in the election.

The Gage train robbery and after

On November 24, 1883, a train robbery
Train robbery
Train robbery is a type of robbery, in which the goal is to steal money or other valuables being carried aboard trains.-History:Train robberies were more common in the past than today, and often occurred in the American Old West. Trains carrying payroll shipments were a major target...

 took place at a way station called Gage, near Silver City, with $830.60 being stolen. During the robbery, the train engineer, T.C. Webster, and the messenger, T.G. Hodgekins, were both shot and killed. Whitehill immediately set out for the robbers, leading a small posse
Posse comitatus (common law)
Posse comitatus or sheriff's posse is the common-law or statute law authority of a county sheriff or other law officer to conscript any able-bodied males to assist him in keeping the peace or to pursue and arrest a felon, similar to the concept of the "hue and cry"...

. Whitehill first tracked down robber George Washington Cleavland, capturing him in Socorro, New Mexico
Socorro, New Mexico
Socorro is a city in Socorro County in the U.S. state of New Mexico. It stands in the Rio Grande Valley at an elevation of . The population was 9,051 at the 2010 census...

. Whitehill convinced Cleavland his fellow robbers had all been captured, and that they had implicated him as the shooter of the engineer. Believing this, Cleavland denied he had killed the engineer, and made a full confession, detailing the robbery and his fellow robbers.

A short time later, Whitehill tracked down the other robbers, Mitch Lee, G.S. Collins, Frank Taggert, and Kit Joy. Less than two weeks later, while under guard by Deputy Dick Ware in the Silver City jail, Taggert and Lee overpowered Ware, while Joy took his guns. They then freed any other prisoners present, including Cleavland, took all guns from the jail, and fled. Whitehill organized a posse, and went in pursuit. Receiving information from a citizen of the escapees' direction of travel, Whitehill set up to capture them at a pass near the Pinos Altos Mountains. The posse opened fire, killing Cleavland immediately. A Mexican
Mexican people
Mexican people refers to all persons from Mexico, a multiethnic country in North America, and/or who identify with the Mexican cultural and/or national identity....

 prisoner, Carlos Chavez, who had escaped with them was killed next, while the others dismounted and scampered for cover. Lee was mortally wounded a few minutes later, and Taggert, with no ammunition left, surrendered. Joy was able to make a break, shooting and killing posse member Joe Le Fur, while being wounded himself, hence escaping. Then, all of the escaped prisoners surrendered. Usually, those who had survived a shootout were to be taken back to the jail, but instead Whitehill and his posse hanged them on the spot. Only one prisoner, Charles Spencer, who though armed, proved by showing them his pistol and confirming he had not fired, was spared. Joy was later shot and wounded, a wound which caused the amputation of his left leg, by rancher Erichos "Rackety" Smith, near the Gila River
Gila River
The Gila River is a tributary of the Colorado River, 650 miles long, in the southwestern states of New Mexico and Arizona.-Description:...

. Tried and convicted in Hillsboro, New Mexico
Hillsboro, New Mexico
Hillsboro is a small unincorporated community in Sierra County, New Mexico, United States, located in the southwestern part of the state. It was founded in 1877, following the discovery of gold. The community was the county seat of Sierra County from 1884 until 1936 when Hot Springs became the...

 for the murder of Webster, he was sentenced to life in prison. He was never tried for the murder of Le Fur. Many years later, he was released, retiring to Bisbee, Arizona
Bisbee, Arizona
Bisbee is a city in Cochise County, Arizona, United States, 82 miles southeast of Tucson. According to 2005 Census Bureau estimates, the population of the city was 6,177...

.

Whitehill would serve a total of six terms as sheriff of Grant County, marrying his wife Harriet and fathering twelve children. His terms were not consecutive, as he left the office to serve one term in the Territorial Legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

 in 1882. Although lesser known than many other lawmen of the Old West, Whitehill is credited by many historians as having been more effective in that role than many who would ultimately become better known, to include his former political rival, Pat Garrett. He died in Deming, New Mexico
Deming, New Mexico
Deming is a city in Luna County, New Mexico, United States, located 60 miles west of Las Cruces. The population was 14,116 at the 2000 census. Deming is the county seat and principal town of Luna County.-History:...

 on September 14th, 1906, and is buried in the Masonic cemetery, in Silver City.

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