Our Arklahoma Heritage: Legendary old west lawman skipped bail on 1871 horse stealing charge in Crawford County

Young Wyatt Earp

In American frontier history, Wyatt Earp is celebrated as a fearless lawman, particularly for his role in the famed Gunfight at the O.K. Corral in 1881.

However, few know that his path to upholding the law was preceded by a stint as an accused horse thief in the Indian Territory near Van Buren in 1871. This lesser-known chapter reveals a young man grappling with personal loss, legal entanglements, and the harsh realities of frontier justice, offering a glimpse into the complexities of life on the edge of civilization.

Wyatt Berry Stapp Earp was born on March 19, 1848, in Monmouth, Illinois, the third of five sons.

Wyatt and Urilla Earp

By 1870, at age 22, he had married Urilla Sutherland in Lamar, Missouri, but tragedy struck when she died of typhoid fever while pregnant with their first child.

This loss plunged Earp into a downward spiral, marked by a series of legal and personal challenges. It was against this backdrop that he found himself in Arkansas, far from the boomtowns where he would later make his name.

On March 28, 1871, Earp, then 23, was accused of a serious crime: horse theft. Historical records indicate that Earp and his associate Edward Kennedy allegedly plied a man named John Shown with alcohol and persuaded him to steal two horses from James Keyes.

This act occurred in the Cherokee Nation, part of the Indian Territory, which was under federal jurisdiction due to its status outside state lines. Horse theft was a grave offense in the Old West, often punishable by severe penalties, including death, given the critical role horses played in transportation and survival on the frontier.

The legal system at the time was a patchwork of federal and local authority, especially in Indian Territory. Van Buren served as a key hub for federal court proceedings, given its proximity to the territory. This jurisdictional complexity set the stage for Earp's encounter with the law.

The wheels of justice moved swiftly. On April 6, 1871, Deputy U.S. Marshal J.G. Owens apprehended Earp and Kennedy in the Cherokee Nation. They were transported to Van Buren, where they faced initial proceedings.

On April 13, 1871, Earp secured his release by posting a $500 bond--a substantial sum for the time, reflecting the seriousness of the charges. This bond allowed him temporary freedom as the case moved forward.

In May 1871, a grand jury returned indictments against both Earp and Kennedy for the horse theft. The trial was scheduled for November 13, 1871, to be held in the federal court in Fort Smith. However, as the trial date approached, Earp made a fateful decision: he jumped bail and disappeared, avoiding the charges altogether.

This act of flight marked a turning point in his life, severing ties with the legal troubles in Arkansas and setting him on a new path.

Earp's disappearance from Arkansas allowed him to evade prosecution, and there is no record of him facing these charges in court. His next known whereabouts were in Kansas, where he began working as a law enforcement officer in Wichita by 1874, helping track down thieves and eventually joining the police force.

This transition from alleged outlaw to lawman is a fascinating aspect of his early career, possibly influenced by his brush with the law in Arkansas. The incident, though not widely known, highlights the moral ambiguities and opportunities for reinvention that characterized life on the frontier.

This early brush with the law in Crawford County/ is a stark contrast to Earp's later reputation as a symbol of law and order in the American West. It underscores the challenges faced by individuals in a time when the line between lawman and outlaw was often blurred.

For Earp, this incident was part of a turbulent period following personal tragedy, yet it did not define his legacy. Instead, it serves as a reminder of the complex paths that shaped one of the most iconic figures of the Old West.