JIM BURNETT, A JUDGE ON THE TAKE, AT CHARLESTON ARIZONA
by John D. Rose.
by John D. Rose.
On November 4th, 1880, the Tombstone Daily Nugget reported that “We confess our surprise at finding the democratic vote at Charleston as we do. It was generally put down as almost solid Republican, by the ‘knowing’ ones, but instead, in a vote of 107, we poll nearly half. Well done, Charleston.” Running in this same election, Jim Burnett had just tied with opponent Woods for Justice of the Peace.
Regardless of the electoral tie, Jim Burnett, ironically referred to as “Justice Jim,” would leave a legacy of misdeeds and his own stamp on Charleston’s history for all time. Even by Charleston’s rough and tumble and seedy standards, Jim Burnett was a character of the lowest order. A Judge who enriched himself as opportunity presented itself. And Charleston would prove a “target rich environment” for a man on the make such as Jim Burnett. Separating fact and fiction in the case of Burnett is necessary, as some have sought over for decades to weave folklore and rumor into his chronic misdeeds and frauds.
But the factual record of Burnett’s time in Charleston needs nothing from such mythology. And doing so is a disservice to history, and all the acts of chronic self-enrichment that Jim Burnett so artfully specialized in.
Regardless of the electoral tie, Jim Burnett, ironically referred to as “Justice Jim,” would leave a legacy of misdeeds and his own stamp on Charleston’s history for all time. Even by Charleston’s rough and tumble and seedy standards, Jim Burnett was a character of the lowest order. A Judge who enriched himself as opportunity presented itself. And Charleston would prove a “target rich environment” for a man on the make such as Jim Burnett. Separating fact and fiction in the case of Burnett is necessary, as some have sought over for decades to weave folklore and rumor into his chronic misdeeds and frauds.
But the factual record of Burnett’s time in Charleston needs nothing from such mythology. And doing so is a disservice to history, and all the acts of chronic self-enrichment that Jim Burnett so artfully specialized in.
JIM BURNETT, CURLY BILL BROCIUS, AND A CHURCH SERVICE AT CHARLESTON
Of his lesser crimes, Burnett was said to have profited from the disturbance at a local church service caused by none other than Curly Bill Brocius. Billy Breakenridge, author of Helldorado, said the following abut a cold winter night in 1881: “The few law-abiding citizens in Charleston had a small adobe building which they used for a church. One Sunday evening when they were gathered there for their evening service, Curly Bill and a bunch of cowboys came to town, and some of them suggested that they attend church. They agreed, and, armed as usual, all trooped into the church. The good people, fearing trouble, began to leave, and soon the place was empty except for the gang. The preacher started to leave also, but he was told that they came to hear him preach and intended him no harm. So he remained, and preached them a sermon, hitting them as hard as possible. They asked him to line out a hymn, and they all sang. Then they asked him to pass the hat and take up a collection, and they filled his hat with Mexican dollars; it was the largest contribution ever taken up in that church!
“Next morning as Curly was dozing in front of a saloon, Justice Burnett came around the corner of the building with a shotgun in his hands and arrested Curly. He tried him right there on the spot, and fined him twenty-five dollars for disturbing the peace the night before at the church. Curly paid, but said no more church for him, it was too expensive.”
“Next morning as Curly was dozing in front of a saloon, Justice Burnett came around the corner of the building with a shotgun in his hands and arrested Curly. He tried him right there on the spot, and fined him twenty-five dollars for disturbing the peace the night before at the church. Curly paid, but said no more church for him, it was too expensive.”
JAMES WOLF REMEMBERS JIM BURNETT
But more than another man on the take, “Justice Jim” Burnett was part of Charleston’s lack of law and order. After all, if a Judge in any locale is openly on the take, the idea that a town like Charleston could be taken seriously as a law-abiding community is at best, laughable.
James Wolf, who lived in and around Charleston for decades, recalled that “Because it was the smelter and mill town for Tombstone ore [along with Contention and Emery City], many Tombstonites presumed in thinking Charleston was but a suburb of Tombstone. It was not. We were an entirely independent outfit. For many years the Justice of the Peace was Jim Burnett. He dispensed Justice, Capital J. please, on the dot at any and all times.”
What Wolf refers to as the Justice dispensed by Burnett some would call outright corruption. And Wolf appears to be sympathetic to Burnett along these lines: “He was prompt and decisive and could and did hold court anywhere without the aid of a clerk, courtroom, law books or sissy records.” Actually that was the problem. Burnett didn’t have need of law books because he made it up as he went along, nor did he have need of a clerk who would provide a witness to his many nefarious deeds and excesses, and keeping “sissy records” as Wolf puts it would only create the very paper trail that could actually bring justice to “Justice Jim.”
“…he never would entertain any appeals from any of his decisions,” Wolf added. This made sense as many of Burnett’s “rulings” where simply fines going into his own pocket, and Burnett was always ready to enforce these at the end of a barrel if needed. “He always carried and could use a forty-five with speed and precision, hence there was a vast amount of law and some semblance of order in his particular vicinity at all times.”
Burnett would describe himself in more conservative terms, without talk of a gun-barrel court. He had arrived in Charleston on February 1st, 1879. In 1885, Burnett recalled, “I have held the office of Justice of the Peace there for three years and a half.” By the spring of 1879, Burnett was visiting the “general merchandise store of Amos Stowe at Charleston.” Burnett was investing in a mining venture. “I was furnishing two men with what we call ‘grub stakes,’ that is furnishing them provisions to go out and prospect…it took about all the money I could make to keep up my prospecting outfit….”
James Wolf, who lived in and around Charleston for decades, recalled that “Because it was the smelter and mill town for Tombstone ore [along with Contention and Emery City], many Tombstonites presumed in thinking Charleston was but a suburb of Tombstone. It was not. We were an entirely independent outfit. For many years the Justice of the Peace was Jim Burnett. He dispensed Justice, Capital J. please, on the dot at any and all times.”
What Wolf refers to as the Justice dispensed by Burnett some would call outright corruption. And Wolf appears to be sympathetic to Burnett along these lines: “He was prompt and decisive and could and did hold court anywhere without the aid of a clerk, courtroom, law books or sissy records.” Actually that was the problem. Burnett didn’t have need of law books because he made it up as he went along, nor did he have need of a clerk who would provide a witness to his many nefarious deeds and excesses, and keeping “sissy records” as Wolf puts it would only create the very paper trail that could actually bring justice to “Justice Jim.”
“…he never would entertain any appeals from any of his decisions,” Wolf added. This made sense as many of Burnett’s “rulings” where simply fines going into his own pocket, and Burnett was always ready to enforce these at the end of a barrel if needed. “He always carried and could use a forty-five with speed and precision, hence there was a vast amount of law and some semblance of order in his particular vicinity at all times.”
Burnett would describe himself in more conservative terms, without talk of a gun-barrel court. He had arrived in Charleston on February 1st, 1879. In 1885, Burnett recalled, “I have held the office of Justice of the Peace there for three years and a half.” By the spring of 1879, Burnett was visiting the “general merchandise store of Amos Stowe at Charleston.” Burnett was investing in a mining venture. “I was furnishing two men with what we call ‘grub stakes,’ that is furnishing them provisions to go out and prospect…it took about all the money I could make to keep up my prospecting outfit….”
JAMES WOLF TELLS MORE ABOUT BURNETT
“A Mexican stole a horse from Mr. Curry [possibly Enoch J. Curry, a Charleston laborer]…Some days later the Mex[ican] came into town with a train of wagons loaded with firewood and drawn by a long team or string of horses. Mr. Curry recognized his horse and proceeded to claim him. As he and the Mex[ican] argued, Judge Burnett happened along. ‘Is this your horse? Here, take him. I fine this Mexican nine cords of wood to be delivered to the Gird mill,’ said the Judge. Court had convened and adjourned all in one breath. The Mexican had no show at all to argue. His wagons held nine cords of wood exactly as Burnett’s trained eyes well knew. The wood was delivered to the mill and Judge Burnett was paid for it.
“On another occasion the keeper of one of the resorts [local hotel] got drunk and loud mouthed. The Judge and Charleston’s lone constable proceeded there and court opened and closed immediately by Burnett saying ‘The fine will be fifty dollars.’ On being paid the fine, Judge Burnett sat into the poker game and lost the fifty dollars in short order. The constable, a protegee of Burnett, knew his stuff. He started a new argument with the proprietor and as soons [sic] as the latter raised his voice, Judge Burnett stepped up and fined him a second time. The second fifty dollars soon went the way of the first and when the constable again approached the proprietor, that fast learning individual started blowing out the lights and thus calling it a day, but all the time firmly keeping his mouth clamped shut, when near the constable.”
Burnett’s independence was challenged, and it is remarkable that his rebuke of that challenge was allowed to stand. Such were the ways of the Wild West. “One time a bunch of County officials came down here from Tombstone and wanted to audit Judge Burnett’s books. I don’t suppose they would have been any better than Burnett if they had gotten their hands on any court money. But they got no money. ‘Gentlemen, this is a self sustaining office. I never ask anything from the County and I never give the County anything,’ was Burnett’s answer for an accounting. As he kept no books or records, the County officers returned as empty handed as they came.”
Of that incident, Breakenridge wrote the following: “After Burnett had been justice of the peace for a couple of years, the board of supervisors of Pima County called on him for a settlement. He told them he kept no books, that he did a cash business in assessing fines, and that the county did not owe him anything, as his office was self-sustaining! This was the condition of things up to the time Cochise County was created.” Given the distances that Pima County covered prior to the slicing off of what became Cochise County, and the logistical troubles in trying to govern such a large area from Tucson, this version of this memorable event from Breakenridge appears the more likely of the two.
“On another occasion the keeper of one of the resorts [local hotel] got drunk and loud mouthed. The Judge and Charleston’s lone constable proceeded there and court opened and closed immediately by Burnett saying ‘The fine will be fifty dollars.’ On being paid the fine, Judge Burnett sat into the poker game and lost the fifty dollars in short order. The constable, a protegee of Burnett, knew his stuff. He started a new argument with the proprietor and as soons [sic] as the latter raised his voice, Judge Burnett stepped up and fined him a second time. The second fifty dollars soon went the way of the first and when the constable again approached the proprietor, that fast learning individual started blowing out the lights and thus calling it a day, but all the time firmly keeping his mouth clamped shut, when near the constable.”
Burnett’s independence was challenged, and it is remarkable that his rebuke of that challenge was allowed to stand. Such were the ways of the Wild West. “One time a bunch of County officials came down here from Tombstone and wanted to audit Judge Burnett’s books. I don’t suppose they would have been any better than Burnett if they had gotten their hands on any court money. But they got no money. ‘Gentlemen, this is a self sustaining office. I never ask anything from the County and I never give the County anything,’ was Burnett’s answer for an accounting. As he kept no books or records, the County officers returned as empty handed as they came.”
Of that incident, Breakenridge wrote the following: “After Burnett had been justice of the peace for a couple of years, the board of supervisors of Pima County called on him for a settlement. He told them he kept no books, that he did a cash business in assessing fines, and that the county did not owe him anything, as his office was self-sustaining! This was the condition of things up to the time Cochise County was created.” Given the distances that Pima County covered prior to the slicing off of what became Cochise County, and the logistical troubles in trying to govern such a large area from Tucson, this version of this memorable event from Breakenridge appears the more likely of the two.
CRIME AND PUNISHMENT CHARLESTON STYLE
The humiliation and restriction of being thrown in jail is punishing anywhere. In Charleston, the accommodations were a punishment all to themselves. “Charleston being as lively as it was, the sheriff’s office always maintained one or more deputies here. Wolf added that the “jail was simply a deep pit in the ground with a big stake embedded in the center to which he chained prisoners…Constable Sam Starr did not need any jail. When a ruckus occurred, he and Judge Burnett would generally go together to the scene. Starr would then slip around and get the offenders covered with a shot gun or pistol, whereupon Judge Burnett would step forward, open court and fine the culprits which would end the episode. However, the court costs would always be as much as if the culprit had been in custody a month and consumed the whole time of the court for that period. If the rioter or rioters prepared for the coming of Starr and Burnett, those two officials merely turned around and left that infraction of the law for the local deputy sheriff to handle.” Whether Sam Starr was an actual Constable, or just a partner in crime with Burnett is unknown.
These tactics should have been deterrents against crime, but not so. Seedy elements flourished right along with the dignified prosperity of the mills. But Jim Burnett found time for interests outside of enforcing the law. “From Jim Burnett, the principal owner of the Mara A mine in the Dragoons, we learn that a bond amounting to $68,000 on the property will expire in a few days with a strong possibility of the mine being taken.” Burnett also operated a corral and a meat market.
In between grubstaking miners and avoiding bookkeeping duties as Justice of the Peace for Charleston, Jim Burnett found some time to apprehend criminals other than himself. It was noticed that there appeared to be a problem at the mills as to the quantity of silver that was being counted after refining. The silver reaches the refining and smelting rooms at a stamp mill as the process nears completion, and the possibility of theft is an issue. Mr. Bartlett of the Tombstone Milling and Mining Company suspected that a “leak,” aka theft, was taking place. “For some time back Mr. Bartlett, in charge of the Tombstone Milling and Mining companies mills, at Charleston, had suspected there was a leak somewhere connected with the melting and assay rooms and himself and Mr. Nelson, the melter, set themselves at work to ferret out the guilty persons. There was a man by the name of Gage [not E.B.Gage, the superintendent of the Grand Central Mine in Tombstone], who worked in those departments, upon whom their suspicions naturally fell, and they scrutinized his actions until they became satisfied they were correct, when they went before Justice Burnett and swore out a search warrant against Gage and one Dabovich, also an employe about the mill. Gage owned a cabin in which himself and Dabovich roomed together. OWING TO THE ABSENCE OF DEPUTY SHERIFF BELL IN SONORA, Judge Burnett swore Messrs. Bartlett and Nelson in as special officers to serve the warrant and make the arrests. They proceeded to the cabin and made a search, finding several ounces of crude bullion, slags and scraps. Upon this they arrested Gage and Dabovich and took them before Judge Burnett, who, upon the production of the evidence, imposed a fine of $100 each, or 100 days in the county jail.”
It might have been of note that unlike Dabovich who took the jail time, Gage produced the $100.00. “Gage paid his fine and Dabovich elected to go to jail.” After the release of Gage, some suspicious behavior on his part lead to a second search warrant and search of his cabin by Bartlett and Nelson. This time their search was more invasive and to much greater effect, as they “went to Gage’s cabin and dug in the floor, and found a box containing 100 pounds of bullion scraps, and slag that accumulates in melting, which are estimated to be worth $1,000. Upon this, Mr. Nelson arrested Gage, who was committed to the county jail to await the action of the Grand Jury. To Messrs. Bartlett and Nelson belongs all the honor of ferreting out this robbery and the arrest of the criminals.”
While Gage and Dabovich were being arrested in one part of Charleston, a shooting took place the same day in another part of town. The owner of the Italian Restaurant didn’t appreciate the way a visitor at his place of business spoke to him, acquired his shot gun, and commenced to open fire, in the restaurant. Both were bad shots. “There was another crime committed in Charleston yesterday afternoon. It is reported that a man by the name of John Jeffords went into an Italian restaurant, and while there had some words with the proprietor, who went into a back room and got a double barreled shot gun and came back and shot at Jeffords’ head, the charge barely grazing his temple, doing no serious damage.” Not willing to be complacent while being shot at by the restaurateur, Jeffords reached for his gun. “Jeffords then fired five shots from his revolver at the Italian, none of which took effect.” Jeffords alone was arrested, perhaps learning to be more careful when speaking to restaurant owners in Charleston.
Burnett would soon be involved in yet another controversy, this one relating to stolen cattle that he used in his butcher shop in Charleston. Burnett made an attempt at damage control, showing the staff at the Citizen his receipt for the cattle in question, which were stolen from the Empire Ranch. But the Citizen knew more of the story than Burnett could have known that they did, and they were unconvinced. “We are in receipt of a copy of the bill of sale given to James C. Burnett, the Charleston butcher, by the thief who stole the cattle from the Empire, Sanford’s and Dillon’s ranches. The document describes the cattle by the several brands which are well known in the southern part of the Territory. The thirteen head of stolen cattle were sold to Burnett for $130 and good judges place their value at $260 at least. We are also reliably informed that Burnett killed three of the cattle after he knew positively that they had been stolen. With such facts to confront him, the Charleston Justice is likely to himself obtain a taste of the article he has been accustomed to dispense with lavish hand.”
News from Charleston would interest the Editor of the Tombstone Nugget. The writer, self-identified as “Argonaut,” shows an understanding of western mining towns, mentioning experiences in Virginia City and Pioche, Nevada. He also observes that even Jim Burnett is concerned about violence in Charleston.
“Charleston, October 15, 1880. Ed. Nugget:- In former years, in Pioche, Nevada, and Virginia City too, when a man was found dead in the morning, it was the usual remark, ‘they have struck it rich in the lower levels.’ If that is the case, the southern portion of this county ought to be prosperous. The Huachucas had a shooting affray, resulting in the death of John Tolliday, At Mule Pass, they had a similar occurrence, resulting in the death of E.C. Merrill. The coroner’s inquest has been held, but the examination has not, so your correspondent refrains from remarks until that is over and will then send a full report.
“Al. Wishart and James Clark were each fined $150 for reckless shooting and resisting an officer. Al McCallister and Frank Rae were fined $100 each for the same offense. It seems to be the opinion of Justice Burnett that the careless shooting in the streets must be stopped.”
These tactics should have been deterrents against crime, but not so. Seedy elements flourished right along with the dignified prosperity of the mills. But Jim Burnett found time for interests outside of enforcing the law. “From Jim Burnett, the principal owner of the Mara A mine in the Dragoons, we learn that a bond amounting to $68,000 on the property will expire in a few days with a strong possibility of the mine being taken.” Burnett also operated a corral and a meat market.
In between grubstaking miners and avoiding bookkeeping duties as Justice of the Peace for Charleston, Jim Burnett found some time to apprehend criminals other than himself. It was noticed that there appeared to be a problem at the mills as to the quantity of silver that was being counted after refining. The silver reaches the refining and smelting rooms at a stamp mill as the process nears completion, and the possibility of theft is an issue. Mr. Bartlett of the Tombstone Milling and Mining Company suspected that a “leak,” aka theft, was taking place. “For some time back Mr. Bartlett, in charge of the Tombstone Milling and Mining companies mills, at Charleston, had suspected there was a leak somewhere connected with the melting and assay rooms and himself and Mr. Nelson, the melter, set themselves at work to ferret out the guilty persons. There was a man by the name of Gage [not E.B.Gage, the superintendent of the Grand Central Mine in Tombstone], who worked in those departments, upon whom their suspicions naturally fell, and they scrutinized his actions until they became satisfied they were correct, when they went before Justice Burnett and swore out a search warrant against Gage and one Dabovich, also an employe about the mill. Gage owned a cabin in which himself and Dabovich roomed together. OWING TO THE ABSENCE OF DEPUTY SHERIFF BELL IN SONORA, Judge Burnett swore Messrs. Bartlett and Nelson in as special officers to serve the warrant and make the arrests. They proceeded to the cabin and made a search, finding several ounces of crude bullion, slags and scraps. Upon this they arrested Gage and Dabovich and took them before Judge Burnett, who, upon the production of the evidence, imposed a fine of $100 each, or 100 days in the county jail.”
It might have been of note that unlike Dabovich who took the jail time, Gage produced the $100.00. “Gage paid his fine and Dabovich elected to go to jail.” After the release of Gage, some suspicious behavior on his part lead to a second search warrant and search of his cabin by Bartlett and Nelson. This time their search was more invasive and to much greater effect, as they “went to Gage’s cabin and dug in the floor, and found a box containing 100 pounds of bullion scraps, and slag that accumulates in melting, which are estimated to be worth $1,000. Upon this, Mr. Nelson arrested Gage, who was committed to the county jail to await the action of the Grand Jury. To Messrs. Bartlett and Nelson belongs all the honor of ferreting out this robbery and the arrest of the criminals.”
While Gage and Dabovich were being arrested in one part of Charleston, a shooting took place the same day in another part of town. The owner of the Italian Restaurant didn’t appreciate the way a visitor at his place of business spoke to him, acquired his shot gun, and commenced to open fire, in the restaurant. Both were bad shots. “There was another crime committed in Charleston yesterday afternoon. It is reported that a man by the name of John Jeffords went into an Italian restaurant, and while there had some words with the proprietor, who went into a back room and got a double barreled shot gun and came back and shot at Jeffords’ head, the charge barely grazing his temple, doing no serious damage.” Not willing to be complacent while being shot at by the restaurateur, Jeffords reached for his gun. “Jeffords then fired five shots from his revolver at the Italian, none of which took effect.” Jeffords alone was arrested, perhaps learning to be more careful when speaking to restaurant owners in Charleston.
Burnett would soon be involved in yet another controversy, this one relating to stolen cattle that he used in his butcher shop in Charleston. Burnett made an attempt at damage control, showing the staff at the Citizen his receipt for the cattle in question, which were stolen from the Empire Ranch. But the Citizen knew more of the story than Burnett could have known that they did, and they were unconvinced. “We are in receipt of a copy of the bill of sale given to James C. Burnett, the Charleston butcher, by the thief who stole the cattle from the Empire, Sanford’s and Dillon’s ranches. The document describes the cattle by the several brands which are well known in the southern part of the Territory. The thirteen head of stolen cattle were sold to Burnett for $130 and good judges place their value at $260 at least. We are also reliably informed that Burnett killed three of the cattle after he knew positively that they had been stolen. With such facts to confront him, the Charleston Justice is likely to himself obtain a taste of the article he has been accustomed to dispense with lavish hand.”
News from Charleston would interest the Editor of the Tombstone Nugget. The writer, self-identified as “Argonaut,” shows an understanding of western mining towns, mentioning experiences in Virginia City and Pioche, Nevada. He also observes that even Jim Burnett is concerned about violence in Charleston.
“Charleston, October 15, 1880. Ed. Nugget:- In former years, in Pioche, Nevada, and Virginia City too, when a man was found dead in the morning, it was the usual remark, ‘they have struck it rich in the lower levels.’ If that is the case, the southern portion of this county ought to be prosperous. The Huachucas had a shooting affray, resulting in the death of John Tolliday, At Mule Pass, they had a similar occurrence, resulting in the death of E.C. Merrill. The coroner’s inquest has been held, but the examination has not, so your correspondent refrains from remarks until that is over and will then send a full report.
“Al. Wishart and James Clark were each fined $150 for reckless shooting and resisting an officer. Al McCallister and Frank Rae were fined $100 each for the same offense. It seems to be the opinion of Justice Burnett that the careless shooting in the streets must be stopped.”
FRED DODGE AND “JUSTICE JIM” BURNETT
Jim Burnett has garnered more ink than many others who were in and out of Charleston, and for good reason. He was an intriguing character-- part judge, part crook, and a bit of outlaw. During part of his time in Tombstone, Fred Dodge would involve himself in law enforcement, and soon would have reason to have contact with Jim Burnett. As Dodge recalled, “There were many writs that come into our hands for service -- Attachments, Warrants, Subpoenas, etc. -- One of these attachments come near to leading me into my final End. Jim Burnett, who had formerly been a Justice of the Peace at Charleston, and a general all ar[r]ound supporter of Rustlers and bad men generally -- and had had to be removed from the Justice of the Peace office for failure to make any returns to the County of Fees and fines received by him -- was keeping up a business at Fort Huachuca where he had a Contract to furnish the meat for the Post and he also had the Contract to carry the mail from the Railroad to the Post.
“There were several of his Creditors in Tombstone who had to bring suit and attachments were issued levying upon his Property. He also had a Partner in the Butcher business with him, a man named Gene Garlock, who was also a party to these Suits. All of these Papers were placed in our hands for service and I started for Huachuca to make the Levy and Serve the Summons. Of Course, Charley Smith was with me and I took along another man to help bring in what I levyed on Teams, etc. -- a man by the name of Andy Ames [a spy for General Crook who reconnoitered Apache activity in Mexico during the Geronimo campaign], a somewhat fearless fellow and I also took along another man to act as Keeper to be left in charge of Live Stock, Cattle, Hogs, etc. by the name of Charley Colwell.” Dodge reached Ft. Huachuca and explained to the authorities there the nature of his business with Burnett’s possessions stored on the post. He later found that Colwell had somehow allowed the livestock to run off while in his care. After regaining possession of the livestock, it was now time for Dodge to see Burnett.
“There were several of his Creditors in Tombstone who had to bring suit and attachments were issued levying upon his Property. He also had a Partner in the Butcher business with him, a man named Gene Garlock, who was also a party to these Suits. All of these Papers were placed in our hands for service and I started for Huachuca to make the Levy and Serve the Summons. Of Course, Charley Smith was with me and I took along another man to help bring in what I levyed on Teams, etc. -- a man by the name of Andy Ames [a spy for General Crook who reconnoitered Apache activity in Mexico during the Geronimo campaign], a somewhat fearless fellow and I also took along another man to act as Keeper to be left in charge of Live Stock, Cattle, Hogs, etc. by the name of Charley Colwell.” Dodge reached Ft. Huachuca and explained to the authorities there the nature of his business with Burnett’s possessions stored on the post. He later found that Colwell had somehow allowed the livestock to run off while in his care. After regaining possession of the livestock, it was now time for Dodge to see Burnett.
Dodge rode to Charleston, where he arrested Burnett’s partner, Gene Garlock, but Burnett was not at home. Garlock told Dodge that Burnett would return home that night. Dodge would later learn that “When Jim got home, Gene Garlock told him how things stood and told him that I had gone after the Cattle, Jim Burnett then caved ar[r]ound alot and Swore that he would Kill me if I Come to his House to arrest him. Andy Ames told me all about what Jim had Said and so on -- I told Andy and Gene both that I had a Warrant for Jim Burnett and that I was going to Arrest him -- and I Started off towards the House, Charley Smith with me. Gene Garlock called me and said that he wanted to see me -- Gene was really not a bad fellow but he had got himself hooked up in bad Company. I had sometime before had a chance to do Gene a favor when he needed it, and he sure returned it right then. He told me that he could not see me go up to that House and be Murdered, That Jim Burnett was going to defy me and force me to go into the House after him and that he had a Shot Gun loaded with Buckshot and it was Strapped onto a Log and when I opened the Door, it would pull a String and set both barrels of the Gun off. Gene also told me what he had Said about me which was that I was the first man that had ever got his property tied up and that I could not live till morning, that he was going to kill me, that I was a Blankitty Blank Son of a B and that he had been wanting a Chance to Kill me and he now had the chance and was sure going to Kill me tonight.
“I got all the particulars from Gene as to how many rooms were in the house and which was the Bedroom…Gene also told me that Jim kept a Double barrel Shot Gun in the room where he Slept [and] also two Six Shooters there, always handy…” Further complicating matters, “he told me that the two children Slept in the Kitchen and that the Woman might be there also…”
“When we got up there, I sent Charley Smith to the Back Corner where he could cover the back End and one side, and I took the front and the other End. The moon was full that night and it would Soon be shining on that House -- just as soon as it Cleared the Mule Mountains.
“I opened the Parley by a ‘Hello’ and it was answered by Jim. I told him that I had a warrant for his Arrest -- And what he said to me was not fit for Publication…much profanity…I had been sparring for a little time and right then the moon flooded the House with light. I had, during my talk with Jim, located him, also the Woman & children. They were in the Kitchen and Jim was in the Bedroom -- this room had a window facing the East. I was close to the Door where the Trap Gun was and I said to Jim, ‘All right, Jim, I am going to break this Door down and come and Get you,’ (Just what Jim wanted) but instead I stepped to the window and could see Jim plainly -- and I just Shoved my Short Double Barrel Shot Gun right through the Window and I had Jim Covered.” At this point Dodge told Burnett that any sudden move meant his death, and Burnett, for the first time that evening, was more cooperative.
“I got all the particulars from Gene as to how many rooms were in the house and which was the Bedroom…Gene also told me that Jim kept a Double barrel Shot Gun in the room where he Slept [and] also two Six Shooters there, always handy…” Further complicating matters, “he told me that the two children Slept in the Kitchen and that the Woman might be there also…”
“When we got up there, I sent Charley Smith to the Back Corner where he could cover the back End and one side, and I took the front and the other End. The moon was full that night and it would Soon be shining on that House -- just as soon as it Cleared the Mule Mountains.
“I opened the Parley by a ‘Hello’ and it was answered by Jim. I told him that I had a warrant for his Arrest -- And what he said to me was not fit for Publication…much profanity…I had been sparring for a little time and right then the moon flooded the House with light. I had, during my talk with Jim, located him, also the Woman & children. They were in the Kitchen and Jim was in the Bedroom -- this room had a window facing the East. I was close to the Door where the Trap Gun was and I said to Jim, ‘All right, Jim, I am going to break this Door down and come and Get you,’ (Just what Jim wanted) but instead I stepped to the window and could see Jim plainly -- and I just Shoved my Short Double Barrel Shot Gun right through the Window and I had Jim Covered.” At this point Dodge told Burnett that any sudden move meant his death, and Burnett, for the first time that evening, was more cooperative.
BURNETT SELLS THE CHARLESTON TOWN SITE THE DAY BEFORE ITS TO BE PUBLICLY AUCTIONED OFF BY THE SHERIFF
In a questionable transaction on August 24th, 1880, Justice Jim Burnett sold the Charleston town site to local merchant W. B. Scott for “Two hundred and fifty Dollars Gold of the United States…” Burnett signed for the sale as follows: “A.W. Stowe, by Jas D. Burnett Assignee for Creditors. This is odd in light of the fact that Burnett would have certainly known that on the following day, August 25th, 1880, Sheriff Shibell would be selling off Stowe’s assets including his most valuable asset-the Charleston town site. On the following day at auction, Sheriff Shibell sold the Charleston town site to Charles M. Strause for $700.00 in good faith, both men likely having no knowledge of Burnett’s transaction just a day before. In Burnett’s sale of the town site, Amos Stowe was allowed to retain the building that had been his store. This is but one more questionable action by this mercurial figure in Charleston’s history. Burnett’s sale to Scott is recorded in the Transcribed Deed Book 3, pages 127-129. Shibell’s statement regarding this auction and property seizure is recorded in Notice of Lis Pendens book 1, page 171-172. Both are courtesy of the Cochise County Archives.
INDEX CITINGS FOR JIM BURNETT FROM “CHARLESTON & MILLVILLE A.T. HELL ON THE SAN PEDRO.”
Burnett, James C. 11, 71, 104, fines Curly Bill with shotgun in hand; 110-117 descriptions and antics of; 116, is accused of knowingly buying stolen cattle from the Empire Ranch; 117, complains that shooting in the streets of Charleston must be stopped; 123-125, attempts ambush of Fred Dodge; 126; 201, Burnett telegraphs to bring Johnny Behind the Deuce back to Charleston; 221, Wyatt Earp seeks Burnett’s help in retrieving a stolen horse he claims Billy Clanton has possession of; 222, 251,253; 286, he reports mild Earthquake damage at Fort Huachuca; 11, In a questionable transaction, on August 24th, 1880, Justice Jim Burnett had sold
the Charleston townsite to local merchant W.B. Scott for “Two hundred and fifty Dollars Gold of the United States…” Burnett signed as follows: “A.W. Stowe, by Jas C. Burnett Assignee for Creditors.” Burnett would have certainly known that Sheriff Shibell was scheduled to publicly auction off Stowe’s property on the following day, but it’s unlikely that when Shibell sold the townsite to Charles M. Strause at said auction (for $700.00) that neither Shibell or Strause had any idea that Burnett had sold off Stowe’s most valuable asset the day before. The sale brought in far less than Stowe owed, and Burnett’s sale to Scott is but one more questionable action by this mercurial figure. In Burnett’s sale of the townsite, Stowe was allowed to keep the building that had housed his store. Burnett’s questionable sale is recorded in the Transcribed Deed Book 3, pages 127-129. Shibell’s statement regarding this auction and property seizure is recorded in Notice of Lis Pendens book 1, page 171- 172. Both are courtesy of the Cochise County Archives, Bisbee Arizona.
the Charleston townsite to local merchant W.B. Scott for “Two hundred and fifty Dollars Gold of the United States…” Burnett signed as follows: “A.W. Stowe, by Jas C. Burnett Assignee for Creditors.” Burnett would have certainly known that Sheriff Shibell was scheduled to publicly auction off Stowe’s property on the following day, but it’s unlikely that when Shibell sold the townsite to Charles M. Strause at said auction (for $700.00) that neither Shibell or Strause had any idea that Burnett had sold off Stowe’s most valuable asset the day before. The sale brought in far less than Stowe owed, and Burnett’s sale to Scott is but one more questionable action by this mercurial figure. In Burnett’s sale of the townsite, Stowe was allowed to keep the building that had housed his store. Burnett’s questionable sale is recorded in the Transcribed Deed Book 3, pages 127-129. Shibell’s statement regarding this auction and property seizure is recorded in Notice of Lis Pendens book 1, page 171- 172. Both are courtesy of the Cochise County Archives, Bisbee Arizona.
The San Francisco Call, dated August 31st, 1897, tells its readers of the death of Jim Burnett as well as other information, some of which is not confirmed by other sources.
The above information is in part excerpted from “Charleston & Millville A.T. Hell on the San Pedro, by John D. Rose. This is the first and only book ever published on Charleston, released in 2012. For more on this remarkable story and far other research breakthroughs, this book is available at https://www.createspace.com/3758160. It’s also available at Amazon.com.
Copyright 2015, 2016, 2017. John D. Rose