After his efforts to foil the robbery of the A.T. & S.F. at Kinsley, Harry Brown received the thanks of his company, and (along with Kinkaide) was hailed as the hero of the hour. He was even given an engraved Winchester rifle as a reward.
Fame seems to have gone to his head, and New Mexico newspapers report that he became an obnoxious braggart in the saloons up and down the line, acting like a goober and bragging of his exploits. He wouldn’t be the first Westerner to let his mouth run wild, but unlike a Bat Masterson or Wild Bill Hickok, his luck couldn’t keep up with his talk.
He was soon a fixture in Albuquerque, where he “hooked up” with a young woman named Sadie Preston. Unfortunately for him, she was already involved with a town constable who went by the unlikely name of Milton J. Yarberry.
Despite his rather goofy sobriquet, Yarberry had a wide reputation as a killer, and it was said he had already gunned down at least three men. Brown, with his own reputation, declared that he wasn’t afraid of Yarberry, who threatened to kill him several times. In retrospect, it seems that Yarberry was what Brown wanted to be – a stone-cold killer. Things came to a head on March 27, 1881.
Brown and Sadie Preston were eating at Girard’s restaurant, while – unbelievably – Yarberry babysat for her, watching her four-year old daughter. The constable soon appeared at the restaurant and led the little girl to her mother, while he and Brown stepped outside to talk.
According to an “ear witness” (a hack driver who had his back to the scene) Brown and Yarberry had a heated discussion, at the conclusion of which Brown stated, “Milt, I want you to understand I am not afraid of you and would not be even if you were Marshal of the United States!” Almost immediately there were gunshots. The hackman turned just in time to see Brown stagger backwards with two bullets in his chest. As he collapsed, Yarberry fired two more into him as he lay on the sidewalk.
Yarberry’s claim was the traditional one – self-defense. He claimed that Brown had been twitchy, trying to get “the drop” on him. When that didn’t work, he said that Brown had slapped him in the face and gone for his gun, and he’d beaten him to the draw. If true, Milt must have been some sort of wizard with a six-gun – witnesses later said that Brown’s pistol was still snugly in its holster when he was carried away. A report in the Nashville press that he had raised up after being shot and stated, “You have murdered me in a cowardly way!” seems unlikely – it looks like Brown was too badly hurt to say anything.
All four of Yarberry’s bullets passed through his body, and he died a short time later. A terse telegram, stating only that “Harry was killed yesterday at 7 o’clock,” was sent to former governor Brown in Nashville, and the young man’s remains were shipped home via Santa Fe and Kansas City. On April 4th, he was buried at Mount Olivet Cemetery, his former friends in the Porter Rifles providing an honor guard for the funeral procession. The grief-stricken father would outlive his son by five years.
Tried for murder, Yarberry was later acquitted. He had many friends who celebrated – but many others in Albuquerque also condemned him as a murderer. Nevertheless, he continued in office as a town constable…at least for the time being.
Next time…the bizarre end of the story of the trigger-happy lawman.