Documentary Evidence

Brushy was living under the name Oliver L. Roberts when he died in 1950.  Both his death certificate and his original grave marker showed this name and a birth date of 1868.  There is also much evidence to show he had used the name Oliver Pleasant Roberts on several occasions after 1900.  Brushy said his cousin, the real Oliver, had been killed in Indian Territory prior to 1900.  To believe that Brushy was the real "Billy The Kid" we have to accept that he was not really either of these Olivers but that his birth name was William Henry Roberts born 1859 and that sometime after 1900, likely 1909 or 1910, he somehow began impersonating Oliver P. or Oliver L. Roberts and that the Roberts family accepted this either by a very unlikely misidentification or "on purpose" in order to help him hide from the law.  So what documentation do we have that can help find the truth in amongst all this confusion?  Let's take a look at what the census records show us?  Remember Brushy said he was born in December and bible records show that Oliver P. Roberts was born in August.

 

1880 AR census
Olover Roberts, age 1, born in Arkansas, parents born in Texas and Arkansas
 (taken on June 1.  This means if the math was done correctly, he was born in 1878.  If  he'd been born in 1879 he wouldn't be one year old yet.)

1900 TX census
Oliver P. Roberts, age 20, born in Arkansas, parents born in Texas and Arkansas
(taken on June 1.  This would mean he was born in 1879)

1910 TX census
Oliver P. Roberts, age 30, born in Texas, parents both born in Kentucky
(taken on April 15.  This would mean he was born in 1879)

1918 WWI Draft Registration Card
Oliver Pleasant Roberts, born 1878, Arkansas. 

1920 TX census 

Oliver P. Roberts, age 41, born in Texas, parents born in Texas and Arkansas

(taken on January 1, 1920.  This would mean he was born in 1878)

1930 TX census
Oliver Roberts, age 52, Head, born in Texas, parents born in Texas and Arkansas

(taken on April 1.  This would mean he was born in 1877)

1940 TX census
Ollie Roberts, 70, born in Texas

(taken on April 1.  This would mean he was born in 1869)

 

A good investigator looks for the "tells" in the evidence.  Those are the items that stand out as being different from the norm or different from what one would expect to find.  There are a couple of "tells" in these census records that many historians overlook.  First, notice that Oliver was reported as born in Arkansas up until the 1910 census and from that point on he was reported born in Texas, that is except for his draft registration where he again states he was born in Arkansas.  What changed in or just before 1910?  Even more important though, notice that in 1910 and "only" in 1910 his parents are reported to have both been born in Kentucky. Was that an error of some kind?  One might assume so until we read Brushy's comments to William Morrison in 1950 in which he claims his parents were both born in Kentucky.  Note that in the 40 years between 1910 and 1950, Brushy was claiming his parents were born in Texas and Arkansas.  Why make up a lie about Kentucky all the way back in 1910 and then repeat the same lie to Morrison in 1950?  It is quite obvious he made this statement intentionally in 1910 and then again in 1950 and that it was not an error on the part of the census taker.

 

Here's another "tell".  If you believe the census records to be exactly what Brushy or his parents reported, then the following discrepancies present themselves.  Let's do the math by subtracting his reported age from the year the census was taken.  Remember, as shown above, all the censuses were recorded no later than June of that year so whether you believe he was born in August, or December, he had not reached his birthday that year.

1880 census - born in 1878

1900 census - born in 1879

1910 census - born in 1879

draft card - born in 1878

1920 census - born in 1878

1930 census - born in 1877

1940 census - born in 1869

death certificate - born in 1868

 

Why so many discrepancies?  These dates vary by two years and more.  Why the 1869 date and the 1868 date and why the 1878 on the draft registration?  Those can't be explained by simple error.  It sounds like he did some guessing along the way and didn't know what year the real Oliver P. Roberts was born?  Just maybe he wasn't the real Oliver P. Roberts?