January 2019 22 Early Pioneer continued from page 20 authorities were notified of Swilling’s drunken boast and Swilling, Monroe and Kirby were arrested and taken to Prescott to jail. They had a hearing before Judge Carter and were discharged. Authorities then decided that since the stage robbery occurred in Maricopa County they would arrest Swilling and Kirby again and take them before a judge there. For some reason, they did not bother with Monroe. Swilling and Kirby were taken to Maricopa County in July. Monroe’s account seemed flawed. It appears that the two were taken by stage from Prescott directly to Yuma and never did appear before Maricopa authorities. The Miner editor of the day, Charles W. Beach of Kirkland, called the act of the Yavapai County Sheriff illegal in turning Swilling and Kirby over to Deputy U.S. Marshall Joseph Evans before they had their day in court in Prescott. Evans had presented the sheriff with a warrant for the two drawn up by a United States Commissioner in Yuma. Marshal Evans actions were indeed suspect, particularly since he did not bother to take the depositions of witnesses who had appeared in Prescott that literally proved Swilling and Kirby were innocent. Suspect also was the testimony of one L.G. Taylor, who had given false testimony in Prescott and gave an unsigned deposition submitted into evidence in district court in Yuma. An unsigned deposition as evidence was, even in 1878, a highly unusual and most likely totally illegal testimony. Years later Deputy Marshal Evans gave a highly self-serving public account of how he had relied too heavily on “circumstantial evidence” in arresting Swilling and Kirby and said he had learned from the experience that such evidence can be flawed. That had to be one of the understatements of the century. The circumstantial evidence Evans had relied on in arresting Swilling and Kirby was as sketchy as to be laughable in it had not resulted in such a tragic injustice. Besides Taylor’s letter stating that Kirby had told him he was afraid Swilling “would squeal,” a total fabrication, Evans had relied on a very sketchy description of the holdup men and their arms. When Evans realized his error, he tracked the real holdup men deep into Mexico, then New Mexico and arrested them, along with one who had returned to Arizona. Evens telegraphed Yuma instructing them to release the suspects in October. Kirby was released on October 5th. Jack Swilling had been buried immediately after his death in his cell August 12th. In his nearly 20 years in Arizona, the wounded and pain racked Jack Swilling had fought Apaches and Yavapai, pioneered the wilderness with the Walker Party, he had been part of the first and richest placer gold discovery on Rich Hill ever made in Arizona, planned roads and rode new trails, founded what was to become Phoenix and Arizona Territory’s richest agricultural area, raised a family, discovered numerous gold and silver mines in the Bradshaws, brought the first attention to the riches of the Black Canyon and helped found the town of Gillett. That was a heck of a lot for a man tormented with constant pain and addicted to drink and morphine through his efforts to dull that torment. Then for that man to be falsely charged and jailed in a Yuma prison by a sloppy and prejudiced Deputy U. S. Marshal and a tainted prosecution, only to die there before the Marshal learned of his mistake. Evans is long gone, but his rush to judgment and desired fame in arresting Swilling and Kirby for the robbery of a stagecoach on the Ehrenburg line in 1878 earned him a well-deserved place of dishonor in the history of the Territory. RV, Diesel and Automotive Repair Please call 623-376-6791 for details or to be added to our reservation list for RV Valet & Concierge Storage services. Super Sized with 18 Bays and 12 Lifts Including 2 for RV’s Expanded Service Center to Accommodate More RV and Diesel Vehicles Additional Services for Commercial Vehicle Maintenance Repair RV Valet and Concierge Services In his nearly 20 years in Arizona, the wounded and pain racked Jack Swilling had fought Apaches and Yavapai, pioneered the wilderness with the Walker Party, he had been part of the first and richest placer gold discovery on Rich Hill ever made in Arizona, planned roads and rode new trails, founded what was to become Phoenix and Arizona Territory’s richest agricultural area, raised a family, discovered numerous gold and silver mines in the Bradshaws, brought the first attention to the riches of the Black Canyon and helped found the town of Gillett.