Hang 'Em High: The Truth About Frontier Justice

本站添加: 2026-05-31

[00:00:00]How many people were legally hanged for stealing horses back in the Old West?

[00:00:04]Was it dozens? Hundreds? Maybe even thousands? What if I were to tell you that the actual number is just one?

[00:00:10]That's right, just one person in the entire history of the Old West was legally hanged for stealing horses. An old boy over in California by the name of Theodore Valinquz. And even then, the horse theft was charged as grand lararseny. Now, don't get me wrong, there were a lot of people who got strung up for stealing horses, but it was almost exclusively done by lynch mobs as opposed to a jury of their peers or a court-appointed executioner. And yes, this also includes my own home state of Texas. If you look at the penal codes in Texas from the 1850s, horse theft only carried a sentence of 2 to 7 years in the penitentiary. They bumped it up in 1879 to a maximum sentence of 15 years, but it was never punishable by death. Now, the reason I'm specifically bringing up Texas is because there's a lot of people under the impression that you can still hang someone in the state of Texas if you catch them stealing your horse. I've heard this my entire life and it is absolutely false. Don't do it, okay? You're just going to get yourself in a whole lot of trouble. But as far as all the other western states and territories, same thing applies. At no point was there a law on the books in the Old West that made stealing horses a capital offense other than that grand lararseny statute over in California.

[00:01:20]But like I said, that only resulted in just one execution.

[00:01:24]Now, if you go back far enough to colonial America, that's an entirely different matter. See, back in those days, the colonies were operating under something known as English common law, a rather brutal form of justice that historians referred to as the bloody code. Between the year 1688 all the way up to about 1820, the number of capital crimes shot up from just 50 to over 200.

[00:01:45]And when I say crimes, I'm not necessarily talking about violence.

[00:01:49]Truth be told, the majority of these crimes that resulted in the death penalty were over stolen property. Grand lararseny, for example, there's that word again, grand lararseny was a hanging offense. So was forgery and arson and pickpocketing, counterfeiting.

[00:02:03]Hell, even falsely impersonating someone with the intent of defraud could get your neck stretched. And so could stealing horses. That too was considered worthy of execution under the bloody code. However, that said, the last person who was actually hanged for stealing horses over in Great Britain was a guy named John Hughes, and that was way back in 1825. Skip ahead to 1832, and the law was just outright abolished. We'll get to why it was abolished here in just a moment, but either way, it was this system, this bloody code that was inherited by the American colonies. So yes, technically speaking, if you go back far enough, there were laws in North America making horse theft a capital offense. But believe it or not, it really wasn't used all that often. There was actually more people executed for piracy and witchcraft than for stealing horses. By the way, just in case you're curious, my source on these various executions is something known as the SP file, which is basically considered the gold standard when it comes to legal executions in the United States between the year6008 and 2002.

[00:03:04]All total, Mr. Epsi and his colleagues were able to identify over 15,000 legal executions via primary sources. And out of all those executions over the course of four centuries, only 51 of them were for stealing horses. And out of those 51 cases for stealing horses, only one of them occurred out west. That Valinquest guy I mentioned earlier from California.

[00:03:26]So, while there were laws at one point that made horse theft punishable by death, by the time we get to the western cattle drives and the mining camps and famous outlaws like Billy the Kid or Butch Cassidy, those laws had already been off the books for decades, if not longer. Now, just to circle back to Great Britain real quick. I promise this will all make sense in just a few minutes, but you remember what I said earlier about grand lararseny being a capital offense under English common law. Well, the way they defined grand lararseny was the theft of goods worth more than 12 p, which adjusted for inflation is about 20 bucks in modern US greenbacks. That's not a perfect conversion, as there are other factors involved. But either way you want to shake it, it was a very small sum of money. Just to put things in perspective, if we were still under the bloody code, you could be legally executed for stealing a case of beer or even a bag of dog food. Sounds pretty extreme, right? Well, those English juries thought so as well, to the point that they just flat out refused to convict, which I do think makes sense. I mean, just imagine for a moment that you're a regular working stiff back in 18th century London sitting on a jury and the prosecutor brings in some poor kid who got caught stealing a will of cheese from a bakery or, I don't know, a silver spoon from a wealthy household.

[00:04:41]Let's say the spoon is estimated to be worth about two shillings, so twice the threshold for grand lararseny. The judge then informs you that if you find the kid guilty, he's going to hang from the neck until he's dead. Dead. Dead. So, what do you do? Well, what most English jurors did was they just straight up lied under oath. They'd huddle up, deliberate for a bit, and then come back and announce that it was their considered opinion that the spoon or the wheel of cheese or whatever was only actually worth 11 p, just under the threshold. The kid would still be punished either with a lashing or a one-way ticket to Australia, but he doesn't hang. This was so common back in England that historians have a name for it. Pious perjury. That's when you lie under oath in the eyes of both God and the king because you believe telling the truth be a worse sin than telling a lie.

[00:05:30]Now, here's where things get interesting. This wasn't just some sisified British concept. In fact, we find the same exact phenomenon occurring during the Old West. Not with horse theft, because as I've already touched on, there were no actual laws making horse theft a capital offense in the Old West. But there were similar laws making other forms of robbery punishable by death, like train robbery. I brought this up recently when we discussed the outlaw Bird Alver. But at one point in time, there were two separate territories, New Mexico and Arizona, where robbing a train came with an automatic death penalty. And despite these laws being on the books for over two decades, they only hanged one person for robbing a train. guy known as Blackjack Ketchum. Now, you may think, well, that just proves that being tough on crime is an effective deterrent.

[00:06:16]After all, if they only hang just one person for robbing a train, then the other outlaws must have gotten the message. Well, as it turns out, that's not really the case. There were still plenty of trains getting robbed in both New Mexico and Arizona despite the harsh penalties. And people were still being arrested for robbing trains. Only problem was the juries. See, the juries out west, much like their counterparts back in England, just flat out refused to convict. I guess they too felt as if the punishment didn't fit the crime.

[00:06:44]Prosecutors soon caught on and began charging the train robbers with lesser offenses like highway robbery or assault or in the case of Bird Albert, interfering with the US mail. The guilty party was still punished, sometimes quite a few years behind bars, or sometimes they were even branded, but they weren't executed. The only question that remains is why? Why did western juries refuse to convict even if they knew for a fact that the defendant was guilty? And if horse theft was such a heinous offense, why didn't they push through actual legislation to make it punishable by death? I'm going to be honest with you on this one. I haven't got a clue. All I know for a fact is the history is complicated and so are people, especially the people that lived on the frontier back in the 1800s. What I will say is this. I think we've all, myself included, been greatly misled by Hollywood when it comes to how things really worked back in the Old West, especially when it comes to enforcing the law. I think when most people envision Old West frontier style justice, they see it almost as a righteous undertaking. Sort of like what happened to guys like Jim Miller or Henry Newton Brown or even like the Suggs brothers from Lonesome Dove. Just mentioned them last week when we discussed Prince Olive. Remember what happened to the Suggs brothers? It was instant justice. Good guys win, bad guys get put in the dirt. End of story. Only thing is, while these type of executions certainly did occur, even in regards to horse theft, they weren't necessarily par for the course. In all actuality, many of your western lynchings had much more to do with power than actual justice. Great example of this would be the Johnson County War. A lot of people got strung up during the Johnson County War, but it was almost never due to just regular everyday people rising up in righteous anger and putting a stop to the evildoers. More often than not, it was just the wealthy cattle barons lynching innocent homesteaders. People like Ella Watson, who in July of 1889 was forcibly removed from her home and hanged from a pine tree. According to the cattle barren, Watson was a stock thief in addition to being a prostitute, just a low down dirty bird. Truth is, she just owned land coveted by a wealthy rancher named Albert Bothwell. And when she refused to sell, Bothwell had her killed and then he took her land. And no, he was never held responsible. Ended up moving to Los Angeles and living to the ripold age of 72. I'm sure his grandkids loved him. This is something we've discussed time and time again here on the Wild West Extravaganza, and it was extremely common. Might makes right.

[00:09:12]Whoever had the most money or the most guns or the most power, they're the ones who got to decide who was guilty and who was innocent. And a lot of innocent people got caught up in the mix. I looked into this as well, and it's estimated that one out of every three lynching victims was innocent. So, in other words, just because mob justice was somewhat common back in the Old West doesn't necessarily mean that the majority of Westerners were in favor of it. All it proves is that powerful men, when left to their own devices, will invariably operate outside the law whenever it suits them. And it wasn't just in Johnson County, by the way. I could give you a dozen examples of mining operations or railroad executives or even cattle associations doing the exact same thing. And it was almost never about justice. Remember that law I mentioned from Arizona that made train robbery a capital offense? It wasn't the citizens of Arizona who passed that law.

[00:10:04]It was the railroads. or technically speaking, it was a legislator who had formerly been employed by the Southern Pacific. I have no way of proving this, but something tells me he got one hell of a Christmas bonus. More on that in just a moment. But real quick before we go further, I do have something I'd like to share with you, and hopefully you'll get as much of a kick out of it as I did. It's a free quiz I put together called Which Old West Gunfighter Are You? It's just 12 multiple choice questions, takes about two minutes to finish, and you have nine possible results. everyone from Billy the Kid, Jesse James, Bass Reeves, Deacon Jim Miller, and maybe a couple others that you might not find quite as flattering.

[00:10:41]Now, you will get your results immediately, but if you want the full rundown, including the historical context, what it says about your personality and what to look out for in yourself, especially if your result is Deacon Jim Miller, all you got to do is type in your email address at the very end, and click the red button that says, "Send me the full verdict." And that's it. Just wait a couple of minutes and it'll be right there in your inbox, hot and ready. And yes, the full rundown is also 100% free. So, what are you waiting on? Head on over to wild westquiz.com and take your free quiz. That's wild westquiz.com. wild westquiz.com. wild westquiz.com or just click the link down below that says WildWest Quiz. And now back to the show. Okay, so like I was saying, just because mob justice was a thing that happened back in the Old West doesn't necessarily mean that the majority of westerners were in favor of it. All it proves is that there were some very greedy cattle barons, titans of industry, and the like that were more than willing to string up innocent people to help line their pocketbooks.

[00:11:45]So with all of that in mind, what's the main takeaway? I mean, what even is the point of today's episode? Well, mostly it's just my way of sharing some information that I thought you'd find fascinating. If you would have told me a year ago that almost nobody was legally hanged for stealing horses in the Old West, I doubt I would have taken you seriously. And I'm sure there's quite a few people listening to me right now who are every bit just as skeptical. But just do me one favor, okay? Before you start sending emails, I want you to think about all the outlaws we've covered here on the show. The desperados and gunslingers and rustlers, the murderers, the whole lot of them. If you had to guess just off the top of your head, how many of them would you say were lynched for stealing horses?

[00:12:26]I actually sat down and made a list of all my previous topics. And out of every single outlaw we've covered here on the Wild West Extravaganza, only one of them got lynched for stealing horses. Guy we discussed not too long ago by the name of Billy Brooks. And I say horses, technically it was stolen mules, but either way, it was just one guy. Now, I want to be careful here because I think it can be very easy to misconstrue what I'm saying. I am in no way insinuating that Billy Brooks was the only person in the entirety of the Old West to get strung up by vigilantes over stolen horses. What I am saying though is that if you start searching for verified name cases of men who were lynched for horse theft, I think you're going to come to the same conclusion that I did. And that conclusion is that the actual historical record is a whole hell of a lot thinner than the mythology of the Old West or Western movies or paperback novels would have you believe. Yes, people were lynched for stealing horses, but outside of a few large events like Steuart Stranglers up in Montana or Wyoming's Johnson County War, it was mostly just a small scattering of people that most of us have never even heard of. Now, I didn't spend a ton of time on what I'm about to say next, so grain of salt, and I am very open to correction, by the way. But the best I can figure, even being generous with the numbers, is that there were only about 40 to 60 verified horse theft lynchings across the span of roughly three decades. And before anyone brings up Judge Roy Bean, I hate to be the bearer of bad news, but that is also a myth. Believe it or not, the so-called law west of the PAS, the man whose entire legend is built around stringing up horses from the back of his saloon, never actually hanged anyone. Not a soul. And then there's Doc Middleton. We just talked about him a little bit last week. Arguably the most prolific horse thief of all time. Dude stole thousands of horses and once he was finally apprehended, all he got was around 5 years behind bars. And then he went on to become a deputy sheriff. So, just to sum everything up, there was never a time in the Old West when stealing horses was legally punishable by death.

[00:14:31]And when Western juries were confronted with similar laws like the one making train robbery a capital offense, they overwhelmingly rejected it. Yes, there were vigilantes who took the law into their own hands, sometimes justifiably, but it was nowhere near as common as the movies make it out to be. There was also a whole hell of a lot of innocent people who got strung up by wealthy land owners. Turns out due process actually matters. Who would have thunk it? And I guess that's about all I've got on horse theft in the Old West for now at least.

[00:15:01]Like I said, I am open to corrections on any of this. Uh so if you know of anything that I missed or if you think that I'm just way off base, feel free to leave a comment down below or just hit me up at josh wildwest.com.

[00:15:15]Thank you so much for listening. Don't forget to take that free quiz over at wild westquiz.com.