Highwaymen

The criminals of the West are legendary today. How many people have heard the names of Billy the Kid and Jesse James? But how many understand the criminals, their motives, what acts they committed, and how they were punished under the law. These individuals committed many crimes such a murder, robbery, and assult on trains, express, and of buildling establishments such as banks. But they were always on the run from the law or fellow criminals, which is why in this section they will be described as "highwaymen", a term that is not exclusive to the Wild West.

This page will be discussing two primary sources from the Wild West, first a primary visual source of a lynching on a convicted criminal and textual primary source of a wanted poster for Jesse and Frank James. These two sources can help us understand the reaction to criminals in the west and how they were seen.

After reading through these sources and their analysis, please continue on to Case Study (K) where there will be an indepth look at the Ketchum Gang, an infamous criminal gang. This look will include details of the criminals that was not uncommon for many criminals of the time along with analysis of the gang's existence and actions.

The Lynching of Tom Heith at Tombstone


This photograph is how the Lynching of John Heith at Tombstone on Feburary 22, 1884. The photographer is unknown for this picture, however through the information given by the National Archives on this photographer, it is in connection with the U.S. military on where it has been located since it was taken into their collection in 1918. In the full title of this paragraph, it details that John Heith was convicted of robbing the Goldwater-Castanda storce in December of 1883 where he and his accomplices murdered three men and one women. John Heith was found first while his accomplices were not found until March of the same year.

This photograph is a perfect (and rather extreme) example of a criminal and their punishment for robbery and murder in the West at the time period. It shows that this man was a criminal on multiple accounts and because of that, the punishment of death was acceptable. This is clearly seen by the public event this hanging was. In the photograph, a crowd is seen around the dead body of John Heith where they gathered to watch his execution. It cannot be assumed why exactly they were gathered there, to cheer his death or not, but it such that criminal acts were beyond the individual, but something that was reacted upon by society. This is not the only case of this, where some executions would have sold tickets that could be sold to the general public or the press. It was an event that people went out to see. It also shows the law system of the time, once convicted for heinous crimes in the West, execution by hanging was the main option. This is in a wide difference to today where the death penalty is rarely used and when it is used, it does not use hanging as the way someone dies. Overall, this image impacts history for the context behind the photo and the photo itself. John Heith convicted major crimes that would be punishable now, but the way he was punished in the time shows how the law system worked in the West in terms of punishment and morality of death. Much of the violent executions of the time period as opposed to what happens now in punishment for crimes. They could be even used bad examples of history's view on criminal punishments. The photo also illustrates the idea of crime in the time period as something that was extremely notable, and even sensational, where crowds would gather to witness. Both the brutality oh Heith's execution and the brutality of his action play into the popular vision of an outlaw in the west, someone who was bloodthirsty, even to the point of murder, to get what they wanted.

Frank and Jesse James Wanted Poster
*Please try and read the poster in completion for full detail. The image has been blown up so there can be an attempt to read the text

This is a wanted poster for Frank and Jesse James, some of the most famous outlaws of the Wild West by the order of Governor Thomas Theodore Crittenden in Missouri. This wanted poster is from the year 1881. In the wanted poster, it offers a reward for the arrest of Frank and Jesse James for crimes such as express and train robberies.

When looking at this wanted poster, it is a perfection representation of the criminals and law in the West. While Frank and Jesse James are some of the most famous examples, a wanted poster was a common technique to try to catch criminals. It is a famous image that has evolved into pop culture today. However, there is more information be gleaned from this poster than just its symbolism. Within the poster, it details the crimes of the James' brother which includes train robbery, express robbery, and murder. These were serious crimes in the time period that warranted this poster, and the high reward of $5,000. In the time period, that was a massive amount of money, and since the reward was high Governor Crittenden hoped that someone could catch and bring in the James brothers for their crimes.

Another key point to note is the judicial sense that is given from this poster in paragraph four. It states, "Whereas, Frank James and Jesse W. James stand indicted in the Circuit Court of said Davies County, for the murder of John W. Sheets and the parties engaged in the robberies and murders aforesaid have fled from the justice and have absconded and secreted themselves." From the wording of this sentence, it implies that the two men were convicted of the crimes of robbery and murder without them standing trial. Because they were on the run, they lost their "priviledge" to stand in court and argue for themselves. These lines show the tolerance for criminals on the run were low, and that the court system could be used to punish criminals without them being there for trial. The West was a wild place where law in this case could be change in slight manners to fit the landscape and scope of the crime.

This poster helps to illustrate law, crime, and punishment in the time period through physical written evidence. Posters like this have helped shape the view of the West as an unruly region full of crime, murder, and a law system that was unforgiving and reaching. Because the James brothers were so well-known now and then, posters like this make the news today because of their popularity. This popularity is something that existed now and then, especially with the published use of a wanted poster that furthered the popularity of the criminal with its existence. Historian Richard White states that the support gained by popular literature like this created a base for criminals to continue and evade the law, even with such high prices on their heads. The base is made up of three ideas: kingship networks in the frontier, active supporters, and passive sympathesizers. But there is more to be looked at then their popularity, which is studying the legal procedures in punishing these crimes and what local authorities did to track them down. Another key impact is understanding how the different crimes were viewed in a cultural circumstance. Multiple murders and robberies warranted a major response from the government that was spread to the community because this was a public calling for individuals to try to hunt them down. While the West is seen as a region where crime happened all the time, crimes did not occur without a concerned response from the government and the local communities. Committing crimes may have been more commonplace, with the case of the James Brothers in mind, but it was not seen as acceptable by the government and the people.

Written by Kim Krueger.