Milton J. Yarberry
Encyclopedia
Milton J. Yarberry was an outlaw
, gunman and lawman
of the Old West, best known for having been the first Town Marshal for Albuquerque, New Mexico
.
, to a family whose name was not Yarberry. He confessed this just prior to his death, to friend Elwood Maden, and that his family was respectable, and to protect them from the shame of the life he led, he would never reveal his true name, and, he never did. He also confessed to Maden that he'd been born in 1849, and that he had left his families home after being involved in the killing of a man during a land dispute, after which he fled and changed his name. All of this is recorded in the book Deadly Dozen, written by author Robert K. DeArment. That book gives details about Yarberry, classifying him as one of the twelve least known but more dangerous gunmen of the Old West. Later research seems to indicate that he was, in reality, John Armstrong, and that he'd fled Sharp County, Arkansas
wanted for murder. In 1873 he killed a man in Helena, Arkansas
, fleeing once again.
Yarberry first appears in historical accounts while riding with outlaw Dave Rudabaugh
and gunman "Mysterious Dave" Mather during the 1870s, beginning in 1873, operating mostly in southern Missouri
and northern Arkansas
. During this period, the three engaged in several robberies. When they were implicated in the murder of a prominent rancher in Arkansas, the three rode into Texas
. The three separated, and Yarberry settled for a time in Texarkana, Arkansas
, but in 1875 he killed a man there also, whom he suspected of being a bounty hunter
. At that time, Yarberry's bounty for the Sharp County murder was $200.
He then entered Texas, and joined the Texas Rangers
, serving in "Company B" of the "Frontier Battalion, stationed in Jack County, Texas
. By accounts uncovered by Robert DeArment, Yarberry served honorably with the Rangers during his brief service with them, and departed in 1876, surfacing in Decatur, Texas
under the name "John Johnson". He opened a saloon there, partnering with Bob Jones. However, when a bounty hunter came to Decatur, asking questions about Yarberry relating to the Sharp County murder, he sold out to his partner quickly, and left town. The bounty hunters body was found days later near Decatur, having been shot to death.
Yarberry appeared shortly thereafter in Dodge City, Kansas
, and by early 1878 he was in Canon City, Colorado
. There he partnered with Tony Preston, opening a saloon and variety theater. Nineteenth-century performer Eddie Foy
played there while Yarberry was part owner. Foy later wrote in his memoirs that Yarberry "fashioned himself a good violinist". When Foy and his partner, Jim Thompson, completed their engagement, Yarberry owed them several weeks pay. When they were not able to collect it entirely, Thompson stole a barrel of whiskey. Foy later wrote that he was surprised that his partner was this brave, as Yarberry was known to be a dangerous man. http://books.google.com/books?id=Z8VEeZamhvAC&pg=PA53&lpg=PA53&dq=Milton+J.+Yarberry+Albuquerque&source=web&ots=y4BePsvrw-&sig=tOdmxvhl-LYPxb4kWg1yNswZCLY&hl=en&sa=X&oi=book_result&resnum=6&ct=result#PPA54,M1
On March 6, 1879, the bartender of the Canon City Gem Saloon shot Yarberry's partner Tony Preston, wounding him severely, though he would eventually recover. Yarberry fired three shots as the man fled, missing, then joined a posse
in pursuit. The man was captured a short time later, and arrested. Yarberry departed Canon City shortly thereafter, selling out to Preston. He then moved to Las Vegas, New Mexico
, and began operating a brothel catering to the railroad workers. He was suspected of robbing and murdering a freighter during this period, but never charged. In late 1879, he shot and killed a man named John Morgan in the Rincon Hotel, allegedly over a prostitute.
Selling his share in the brothel, Yarberry moved to San Marciel, New Mexico, where his former partner Tony Preston had now settled, still recovering from his being shot earlier in the year. Shortly after arriving, Yarberry became involved in an affair with Sadie Preston, Tony Preston's wife, although it is likely the affair had begun much earlier in Canon City. When Yarberry left San Marciel, Sadie Preston and her 4-year-old daughter went with him.
Sheriff
Perfecto Armijo. With Armijo's support, Yarberry was appointed as Albuquerque's first Town Marshal in 1880. Yarberry quickly proved to be a very good lawman, and killed two men only a short time after accepting the position, during arrest situations. However, Harry A. Brown, a self-proclaimed gunman, drifted into town sometime around the beginning of 1881. In 1876, Brown had played a minor role in thwarting a robbery committed by Dave Rudabaugh and other riders, near Kinsley, Kansas
. Although never known to have shot anyone, he bragged of how many men he'd killed, and quickly gained a reputation in Albuquerque as a heavy drinker, with a temper and a habit of pulling his gun with little provocation.
Sadie Preston and Brown became acquainted, and by February, 1881, the two were involved romantically. On the night of March 27, 1881, Brown and Sadie Preston were having dinner at Gerard's Restaurant. Yarberry was not aware that the two were involved, and Sadie had left her young daughter at home in his care, while she was out with Brown. John Clark, a coach driver, took the couple to the restaurant, and would be the only eyewitness to what happened next.
According to reports of the day, Brown and Sadie entered the restaurant, and shortly thereafter Yarberry appeared, walking up the street holding the hand of the young Preston daughter. Brown, evidently hearing that Yarberry was seen walking toward the restaurant, walked outside the doorway. Yarberry walked past him with the little girl in tow, took her inside, then a couple minutes later he came back outside and began speaking with Brown. According to Clark the two became increasingly irate.
The two men walked to a nearby vacant lot, and continued arguing, during which time Brown repeatedly told Yarberry he was not afraid of him. Sadie Preston then appeared from the doorway of the restaurant, and called for Brown. Immediately, Brown hit Yarberry in the face, while at the same time Brown drew his pistol. Brown fired once, creasing Yarberry in the hand, at which point Yarberry drew his own pistol and shot Brown twice, in quick succession, in the chest. Brown died immediately. http://books.google.com/books?id=Z8VEeZamhvAC&pg=PA53&lpg=PA53&dq=Milton+J.+Yarberry+Albuquerque&source=web&ots=y4BePsvrw-&sig=tOdmxvhl-LYPxb4kWg1yNswZCLY&hl=en&sa=X&oi=book_result&resnum=6&ct=result#PPA65,M1
Sheriff Armijo arrived shortly thereafter, and reluctantly took Yarberry into custody. Several witnesses testified in a preliminary hearing that Brown had repeatedly announced publicly that he intended to kill Yarberry, and due to this as well as Brown having fired first, Yarberry was cleared on the grounds of self defense. For unknown reasons, several prominent people in town expressed dissatisfaction with the results of the hearing, and called for a Grand Jury
indictment, which did convene in May, 1881. Yarberry's attorney, S.M. Barnes, produced a parade of witnesses on Yarberry's behalf, and on May 19, 1881, Yarberry was acquitted.
However, less than a month after the acquittal, Yarberry killed again. On June 18, 1881, Yarberry sat on the front porch of his friend Elwood Maden's home, conversing with gambler Monte Frank Boyd. As they talked, a shot was heard coming from the direction of the R.H. Greenleaf Restaurant, and both Yarberry and Boyd ran to that location. What happened next is confusing, as no one was quite certain. Yarberry asked a bystander who fired the shot, to which the bystander indicated by pointing at a man who was walking away. Yarberry called to him, telling him to halt, he wanted to speak with him. Within seconds, three shots were fired, and Charles D. Campbell lay dead.
Sheriff Armijo arrested both Yarberry and Boyd for the shooting. Yarberry claimed that Campbell, who was not known to Yarberry but who had a reputation as someone who drank too often, had turned toward him with a gun, and thus he fired in self defense. One of his bullet wounds was in the back, but Yarberry claimed that the bullet in the back had to have came from when Campbell's body spun after being hit in the front. Campbell was armed, but no one could testify that his gun was out when he was shot. Again Yarberry, as well as Boyd who fired at least two rounds, was cleared in a preliminary hearing. This led to a loud public outcry, despite evidence at the time indicating that Yarberry had acted in good faith, in self defense.
Boyd left town, heading to Arizona
, where he is alleged to have been killed by Navajo
Indians the following year. Yarberry was again jailed, with anticipation of another Grand Jury hearing. On May 11, 1882, a Grand Jury indicted Yarberry for the murder of Campbell. The New Mexico
Governor Lionel Sheldon, having newly taken office, and doing so in a time when news stories of Billy the Kid
and John Kinney were rampant, was intent on making an example out of Yarberry.
The New Mexico Attorney General, William Breedon, handled the case for the prosecution, assisted by Arnet R. Owen. For the defense, Yarberry was represented by Jose Francisco Chavez, I.S. Trimble, and John H. Knaebel. Witness Thomas A. Parks, an attorney from Platt City, Nebraska, brought forth the most damaging testimony, when he stated he saw the entire event, and stated further that he saw no gun in Campbell's hands. Campbell's pistol that he had in his possession had been fired, and Yarberry claimed he'd fired it at least once at him. No one could counter this, aside from Parks, who claimed this was false. Yarberry also claimed he had fired only one time, hitting Campbell in the front. Yarberry stated adamantly that he shot Campbell because Campbell tried to shoot him, and he never varied from that.
The trial lasted three days, after which Yarberry was convicted and sentenced to hang. Yarberry insisted he had been "railroaded", and that he had acted correctly and in self defense. On September 9, 1882, Yarberry and three others escaped from the Santa Fe, New Mexico
jail, and he quickly found that a $500 bounty had been placed on him. The other prisoners were captured quickly, and Santa Fe County
Sheriff Romulo Martinez organized a posse to hunt down Yarberry.
On September 12, 1882, a posse led by Santa Fe Police Chief Frank Chavez captured Yarberry twenty eight miles outside of town. Five months later his appeal
was denied. Attorney John Knaebel filed appeals and sent letters all the way to Washington, D.C.
, insisting his client was innocent of murder, but to no avail. In his final interview, Yarberry was told by the reporter that he looked pale, to which he replied, "Maybe. But I ain't sick, and I ain't scared either."
On February 9, 1883, under a guard provided by order of the governor, made up of the "Governor's Rifles", a New Mexico militia
, Yarberry was marched to the gallows
. His close friend, Sheriff Perfecto Armijo, was tasked with pulling the lever to hang him. Sheriff Armijo had staunchly supported Yarberry throughout the process, and also insisted he was being hanged unjustly. Yarberry requested that Colfax County
Sheriff Mason T. Bowman take Sheriff Armijo's place, to save his friend from the task, but Sheriff Bowman declined. Over 1,500 people were in attendance to watch the hanging. As Sheriff Armijo pulled the lever, Yarberry proclaimed, "Gentlemen, you are hanging an innocent man." http://books.google.com/books?id=Z8VEeZamhvAC&pg=PA53&lpg=PA53&dq=Milton+J.+Yarberry+Albuquerque&source=web&ots=y4BePsvrw-&sig=tOdmxvhl-LYPxb4kWg1yNswZCLY&hl=en&sa=X&oi=book_result&resnum=6&ct=result#PPA65,M1
After his death, Yarberry's supporters in Albuquerque continued to state, often publicly, that he was unlawfully and wrongfully condemned. Sheriff Armijo never wavered from his support of Yarberry. Many claimed that Yarberry was only convicted due to the more powerful and well-to-do citizens of Albuquerque believing that he hurt the reputation of the town, simply due to the fact that he was involved in numerous shootings. Sheriff Armijo claimed that whether innocent or not, it mattered little to the prominent people of the town, who were more concerned with the town's image.
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...
, gunman and lawman
Police officer
A police officer is a warranted employee of a police force...
of the Old West, best known for having been the first Town Marshal for Albuquerque, New Mexico
Albuquerque, New Mexico
Albuquerque is the largest city in the state of New Mexico, United States. It is the county seat of Bernalillo County and is situated in the central part of the state, straddling the Rio Grande. The city population was 545,852 as of the 2010 Census and ranks as the 32nd-largest city in the U.S. As...
.
Early life
Yarberry was born in Walnut Ridge, ArkansasWalnut Ridge, Arkansas
Walnut Ridge is a city in Lawrence County, Arkansas, United States. The population was 4,925 at the 2000 census. The city is the county seat of Lawrence County. Walnut Ridge lies immediately north of Hoxie, Arkansas. The two towns form a contiguous urban area with approximately 8,000 residents...
, to a family whose name was not Yarberry. He confessed this just prior to his death, to friend Elwood Maden, and that his family was respectable, and to protect them from the shame of the life he led, he would never reveal his true name, and, he never did. He also confessed to Maden that he'd been born in 1849, and that he had left his families home after being involved in the killing of a man during a land dispute, after which he fled and changed his name. All of this is recorded in the book Deadly Dozen, written by author Robert K. DeArment. That book gives details about Yarberry, classifying him as one of the twelve least known but more dangerous gunmen of the Old West. Later research seems to indicate that he was, in reality, John Armstrong, and that he'd fled Sharp County, Arkansas
Sharp County, Arkansas
-External links:*...
wanted for murder. In 1873 he killed a man in Helena, Arkansas
Helena, Arkansas
Helena is the eastern portion of Helena-West Helena, Arkansas, a city in Phillips County, Arkansas. As of the 2000 census, this portion of the city population was 6,323. Helena was the county seat of Phillips County until January 1, 2006, when it merged its government and city limits with...
, fleeing once again.
Yarberry first appears in historical accounts while riding with outlaw Dave Rudabaugh
Dave Rudabaugh
David Rudabaugh , was an outlaw and gunfighter in the American Old West. Modern writers often refer to him as "Dirty Dave" on account of his alleged aversion to water, no evidence has emerged to show that he was ever referred to as such in his own lifetime.-Early life:Rudabaugh was born as David...
and gunman "Mysterious Dave" Mather during the 1870s, beginning in 1873, operating mostly in southern Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
and northern Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
. During this period, the three engaged in several robberies. When they were implicated in the murder of a prominent rancher in Arkansas, the three rode into Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. The three separated, and Yarberry settled for a time in Texarkana, Arkansas
Texarkana, Arkansas
As of the census of 2000, there were 26,448 people, 10,384 households, and 7,040 families residing in the city. The population density was 830.5 people per square mile . There were 11,721 housing units at an average density of 368.1 per square mile...
, but in 1875 he killed a man there also, whom he suspected of being a bounty hunter
Bounty hunter
A bounty hunter captures fugitives for a monetary reward . Other names, mainly used in the United States, include bail enforcement agent and fugitive recovery agent.-Laws in the U.S.:...
. At that time, Yarberry's bounty for the Sharp County murder was $200.
He then entered Texas, and joined the Texas Rangers
Texas Ranger Division
The Texas Ranger Division, commonly called the Texas Rangers, is a law enforcement agency with statewide jurisdiction in Texas, and is based in Austin, Texas...
, serving in "Company B" of the "Frontier Battalion, stationed in Jack County, Texas
Jack County, Texas
*Bryson*Jacksboro*Jermyn *Joplin *Perrin *Gibtown-See also:*National Register of Historic Places listings in Jack County, Texas-External links:*...
. By accounts uncovered by Robert DeArment, Yarberry served honorably with the Rangers during his brief service with them, and departed in 1876, surfacing in Decatur, Texas
Decatur, Texas
Decatur is a city located in Wise County, Texas, United States. This city was named after Stephen Decatur, Jr. The population was 5,201 at the 2000 census. A July 1, 2008 U.S. Census Bureau estimate placed the population at 6,432. It is the county seat of Wise County...
under the name "John Johnson". He opened a saloon there, partnering with Bob Jones. However, when a bounty hunter came to Decatur, asking questions about Yarberry relating to the Sharp County murder, he sold out to his partner quickly, and left town. The bounty hunters body was found days later near Decatur, having been shot to death.
Yarberry appeared shortly thereafter in Dodge City, Kansas
Dodge City, Kansas
Dodge City is a city in, and the county seat of, Ford County, Kansas, United States. Named after nearby Fort Dodge, the city is famous in American culture for its history as a wild frontier town of the Old West. As of the 2010 census, the city population was 27,340.-History:The first settlement of...
, and by early 1878 he was in Canon City, Colorado
Cañon City, Colorado
The City of Cañon City is a Home Rule Municipality that is the county seat and the most populous city of Fremont County, State of Colorado. The United States Census Bureau estimated that the city population was 16,000 in 2005. Cañon City is noted for being the location of nine state and four ...
. There he partnered with Tony Preston, opening a saloon and variety theater. Nineteenth-century performer Eddie Foy
Eddie Foy
Eddie Foy, Sr. , was an actor, comedian, dancer and vaudevillian.-Early years:...
played there while Yarberry was part owner. Foy later wrote in his memoirs that Yarberry "fashioned himself a good violinist". When Foy and his partner, Jim Thompson, completed their engagement, Yarberry owed them several weeks pay. When they were not able to collect it entirely, Thompson stole a barrel of whiskey. Foy later wrote that he was surprised that his partner was this brave, as Yarberry was known to be a dangerous man. http://books.google.com/books?id=Z8VEeZamhvAC&pg=PA53&lpg=PA53&dq=Milton+J.+Yarberry+Albuquerque&source=web&ots=y4BePsvrw-&sig=tOdmxvhl-LYPxb4kWg1yNswZCLY&hl=en&sa=X&oi=book_result&resnum=6&ct=result#PPA54,M1
On March 6, 1879, the bartender of the Canon City Gem Saloon shot Yarberry's partner Tony Preston, wounding him severely, though he would eventually recover. Yarberry fired three shots as the man fled, missing, then joined a 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"...
in pursuit. The man was captured a short time later, and arrested. Yarberry departed Canon City shortly thereafter, selling out to Preston. He then moved to Las Vegas, New Mexico
Las Vegas, New Mexico
Las Vegas is a city in San Miguel County, New Mexico, United States. Once two separate municipalities both named Las Vegas, west Las Vegas and east Las Vegas , divided by the Gallinas River, retain distinct characters and separate, rival school districts. The population was 14,565 at the 2000...
, and began operating a brothel catering to the railroad workers. He was suspected of robbing and murdering a freighter during this period, but never charged. In late 1879, he shot and killed a man named John Morgan in the Rincon Hotel, allegedly over a prostitute.
Selling his share in the brothel, Yarberry moved to San Marciel, New Mexico, where his former partner Tony Preston had now settled, still recovering from his being shot earlier in the year. Shortly after arriving, Yarberry became involved in an affair with Sadie Preston, Tony Preston's wife, although it is likely the affair had begun much earlier in Canon City. When Yarberry left San Marciel, Sadie Preston and her 4-year-old daughter went with him.
Lawman career
Yarberry and Sadie Preston moved to Albuquerque, New Mexico, where he befriended Bernalillo County, New MexicoBernalillo County, New Mexico
-2010:Whereas according to the 2010 U.S. Census Bureau:*69.4% White*3.0% Black*4.8% Native American*2.3% Asian*0.1% Native Hawaiian or Pacific Islander*4.4% Two or more races*16.0% Other races*47.9% Hispanic or Latino -2000:...
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....
Perfecto Armijo. With Armijo's support, Yarberry was appointed as Albuquerque's first Town Marshal in 1880. Yarberry quickly proved to be a very good lawman, and killed two men only a short time after accepting the position, during arrest situations. However, Harry A. Brown, a self-proclaimed gunman, drifted into town sometime around the beginning of 1881. In 1876, Brown had played a minor role in thwarting a robbery committed by Dave Rudabaugh and other riders, near Kinsley, Kansas
Kinsley, Kansas
Kinsley is a city in and the county seat of Edwards County, Kansas, United States. As of the 2010 census, the city population was 1,457.-Geography:...
. Although never known to have shot anyone, he bragged of how many men he'd killed, and quickly gained a reputation in Albuquerque as a heavy drinker, with a temper and a habit of pulling his gun with little provocation.
Sadie Preston and Brown became acquainted, and by February, 1881, the two were involved romantically. On the night of March 27, 1881, Brown and Sadie Preston were having dinner at Gerard's Restaurant. Yarberry was not aware that the two were involved, and Sadie had left her young daughter at home in his care, while she was out with Brown. John Clark, a coach driver, took the couple to the restaurant, and would be the only eyewitness to what happened next.
According to reports of the day, Brown and Sadie entered the restaurant, and shortly thereafter Yarberry appeared, walking up the street holding the hand of the young Preston daughter. Brown, evidently hearing that Yarberry was seen walking toward the restaurant, walked outside the doorway. Yarberry walked past him with the little girl in tow, took her inside, then a couple minutes later he came back outside and began speaking with Brown. According to Clark the two became increasingly irate.
The two men walked to a nearby vacant lot, and continued arguing, during which time Brown repeatedly told Yarberry he was not afraid of him. Sadie Preston then appeared from the doorway of the restaurant, and called for Brown. Immediately, Brown hit Yarberry in the face, while at the same time Brown drew his pistol. Brown fired once, creasing Yarberry in the hand, at which point Yarberry drew his own pistol and shot Brown twice, in quick succession, in the chest. Brown died immediately. http://books.google.com/books?id=Z8VEeZamhvAC&pg=PA53&lpg=PA53&dq=Milton+J.+Yarberry+Albuquerque&source=web&ots=y4BePsvrw-&sig=tOdmxvhl-LYPxb4kWg1yNswZCLY&hl=en&sa=X&oi=book_result&resnum=6&ct=result#PPA65,M1
Sheriff Armijo arrived shortly thereafter, and reluctantly took Yarberry into custody. Several witnesses testified in a preliminary hearing that Brown had repeatedly announced publicly that he intended to kill Yarberry, and due to this as well as Brown having fired first, Yarberry was cleared on the grounds of self defense. For unknown reasons, several prominent people in town expressed dissatisfaction with the results of the hearing, and called for a Grand Jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
indictment, which did convene in May, 1881. Yarberry's attorney, S.M. Barnes, produced a parade of witnesses on Yarberry's behalf, and on May 19, 1881, Yarberry was acquitted.
However, less than a month after the acquittal, Yarberry killed again. On June 18, 1881, Yarberry sat on the front porch of his friend Elwood Maden's home, conversing with gambler Monte Frank Boyd. As they talked, a shot was heard coming from the direction of the R.H. Greenleaf Restaurant, and both Yarberry and Boyd ran to that location. What happened next is confusing, as no one was quite certain. Yarberry asked a bystander who fired the shot, to which the bystander indicated by pointing at a man who was walking away. Yarberry called to him, telling him to halt, he wanted to speak with him. Within seconds, three shots were fired, and Charles D. Campbell lay dead.
Sheriff Armijo arrested both Yarberry and Boyd for the shooting. Yarberry claimed that Campbell, who was not known to Yarberry but who had a reputation as someone who drank too often, had turned toward him with a gun, and thus he fired in self defense. One of his bullet wounds was in the back, but Yarberry claimed that the bullet in the back had to have came from when Campbell's body spun after being hit in the front. Campbell was armed, but no one could testify that his gun was out when he was shot. Again Yarberry, as well as Boyd who fired at least two rounds, was cleared in a preliminary hearing. This led to a loud public outcry, despite evidence at the time indicating that Yarberry had acted in good faith, in self defense.
Boyd left town, heading to Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, where he is alleged to have been killed by Navajo
Navajo people
The Navajo of the Southwestern United States are the largest single federally recognized tribe of the United States of America. The Navajo Nation has 300,048 enrolled tribal members. The Navajo Nation constitutes an independent governmental body which manages the Navajo Indian reservation in the...
Indians the following year. Yarberry was again jailed, with anticipation of another Grand Jury hearing. On May 11, 1882, a Grand Jury indicted Yarberry for the murder of Campbell. The New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
Governor Lionel Sheldon, having newly taken office, and doing so in a time when news stories of 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...
and John Kinney were rampant, was intent on making an example out of Yarberry.
The New Mexico Attorney General, William Breedon, handled the case for the prosecution, assisted by Arnet R. Owen. For the defense, Yarberry was represented by Jose Francisco Chavez, I.S. Trimble, and John H. Knaebel. Witness Thomas A. Parks, an attorney from Platt City, Nebraska, brought forth the most damaging testimony, when he stated he saw the entire event, and stated further that he saw no gun in Campbell's hands. Campbell's pistol that he had in his possession had been fired, and Yarberry claimed he'd fired it at least once at him. No one could counter this, aside from Parks, who claimed this was false. Yarberry also claimed he had fired only one time, hitting Campbell in the front. Yarberry stated adamantly that he shot Campbell because Campbell tried to shoot him, and he never varied from that.
The trial lasted three days, after which Yarberry was convicted and sentenced to hang. Yarberry insisted he had been "railroaded", and that he had acted correctly and in self defense. On September 9, 1882, Yarberry and three others escaped from the Santa Fe, New Mexico
Santa Fe, New Mexico
Santa Fe is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of . Santa Fe had a population of 67,947 in the 2010 census...
jail, and he quickly found that a $500 bounty had been placed on him. The other prisoners were captured quickly, and Santa Fe County
Santa Fe County, New Mexico
-2010:Whereas according to the 2010 U.S. Census Bureau:*76.2% White*0.9% Black*3.1% Native American*1.2% Asian*0.1% Native Hawaiian or Pacific Islander*3.6% Two or more races*14.9% Other races*50.6% Hispanic or Latino -2000:...
Sheriff Romulo Martinez organized a posse to hunt down Yarberry.
On September 12, 1882, a posse led by Santa Fe Police Chief Frank Chavez captured Yarberry twenty eight miles outside of town. Five months later his appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
was denied. Attorney John Knaebel filed appeals and sent letters all the way to Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, insisting his client was innocent of murder, but to no avail. In his final interview, Yarberry was told by the reporter that he looked pale, to which he replied, "Maybe. But I ain't sick, and I ain't scared either."
On February 9, 1883, under a guard provided by order of the governor, made up of the "Governor's Rifles", a New Mexico militia
Militia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
, Yarberry was marched to the gallows
Gallows
A gallows is a frame, typically wooden, used for execution by hanging, or by means to torture before execution, as was used when being hanged, drawn and quartered...
. His close friend, Sheriff Perfecto Armijo, was tasked with pulling the lever to hang him. Sheriff Armijo had staunchly supported Yarberry throughout the process, and also insisted he was being hanged unjustly. Yarberry requested that Colfax County
Colfax County, New Mexico
-2010:Whereas according to the 2010 U.S. Census Bureau:*83.8% White*0.5% Black*1.5% Native American*0.4% Asian*0.1% Native Hawaiian or Pacific Islander*3.6% Two or more races*10.1% Other races*47.2% Hispanic or Latino -2000:...
Sheriff Mason T. Bowman take Sheriff Armijo's place, to save his friend from the task, but Sheriff Bowman declined. Over 1,500 people were in attendance to watch the hanging. As Sheriff Armijo pulled the lever, Yarberry proclaimed, "Gentlemen, you are hanging an innocent man." http://books.google.com/books?id=Z8VEeZamhvAC&pg=PA53&lpg=PA53&dq=Milton+J.+Yarberry+Albuquerque&source=web&ots=y4BePsvrw-&sig=tOdmxvhl-LYPxb4kWg1yNswZCLY&hl=en&sa=X&oi=book_result&resnum=6&ct=result#PPA65,M1
After his death, Yarberry's supporters in Albuquerque continued to state, often publicly, that he was unlawfully and wrongfully condemned. Sheriff Armijo never wavered from his support of Yarberry. Many claimed that Yarberry was only convicted due to the more powerful and well-to-do citizens of Albuquerque believing that he hurt the reputation of the town, simply due to the fact that he was involved in numerous shootings. Sheriff Armijo claimed that whether innocent or not, it mattered little to the prominent people of the town, who were more concerned with the town's image.