Debunking Brushy: The Flawed Affidavits
- jeremiahslatten
- Jun 11, 2023
- 2 min read
Updated: Sep 24

One of the more contentious points of the Brushy Bill argument revolves around the existence of five affidavits supporting his claim of being Billy the Kid. However, upon closer examination, these affidavits do not actually provide substantial support for Brushy's claim. Let's begin by disregarding two out of the five affidavits.
The first reason to discard two of the affidavits is that both individuals, Dewitt Travis and Robert Lee, did not know Brushy before 1881. It is important to note that Dewitt met Brushy for the first time in the 1930s, while Lee was connected to Brushy through his friendship with J. Frank Dalton, an imposter who falsely claimed to be Jesse James. Therefore, both Travis and Lee simply accepted Brushy's claim without any prior knowledge or evidence that he was Billy the Kid.
Another affidavit was filled out by Abel Martile on Brushy's behalf. She claimed that she and her husband would provide food for Billy at their home in Pacos, Texas. However, it was later discovered that Abel Martile was only 11 years old in 1881 when Billy was killed, making her too young for her story to hold true. This discrepancy undermines the credibility of her claim.
Next, we have the affidavit of Severo Gallegos, who inserts himself into Billy's life by asserting that he witnessed Billy's escape from Lincoln when he was a ten-year-old boy. The problem with Gallegos' statement is that no one else can verify his presence in Lincoln during that time, apart from Gallegos himself. Furthermore, Severo initially refused to sign the affidavit, claiming that Brushy was too young to be Billy. He eventually agreed to sign it after a second attempt, basing his agreement on the fact that both Billy and Brushy had "specs" in their eyes. However, this type of vague similarity is hardly proof that would withstand scrutiny in a court of law.
Lastly, we come to the affidavit of Jose Montoya, who, like Gallegos, claimed to have known Billy during his time in Lincoln. Unfortunately, there is no concrete evidence to substantiate Montoya's claim; it solely relies on the words of an old man.
It is worth noting that the only people who had credible contact with the real Billy the Kid, such as Bill and Sam Jones, brothers of John and Jim Jones, refused to provide an affidavit supporting Brushy's claim. Their refusal was based on the fact that Brushy failed to provide conclusive proof of his identity.
In conclusion, upon careful examination, the five affidavits that were supposed to bolster Brushy Bill's claim as Billy the Kid do not offer substantial support. Some were filled out by individuals who had no prior knowledge of Brushy, while others made claims that were either disproven or lacked verifiable evidence. Even those with credible connections to Billy the Kid declined to support Brushy's claim due to the absence of conclusive proof.Â
