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Cochise County

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Jim Burnett

Arizona, the Youngest State

1913, McClintock, page 487

Transcribed by Elizabeth Burns

Possibly Arizona's most noted Justice of the Peace was Jim Burnett of Charleston, who was killed by W.C. Greene in Tombstone. According to an old resident of Cochise County, the degree of lawlessness in Tombstone, wasn't a marker to Charleston, where they began the day at dark and where the San Pedro cowboys were allowed the fullest of swing. But the toughest of all was Burnett." Burnett had a number of followers who seemed to do about what he wanted and who maintained him in authority as dictator of the town. Burnett made only one quarterly report to the Cochise County Board of Supervisors and with it he made demand for a balance of $380 in fees. The supervisors cut it down. Burnett thereafter pocketed all fees and fines and advised Tombstone that "Hereafter the Justice's Court of Charleston precinct will look after itself." Jack Schwartz, a saloon keeper, killed an assistant foreman in one of the mills, one Chambers. Burnett is said to have levied a fine of $1000. Schwartz not exactly satisfied with the judgment is said to have consulted Mark Smith, with the idea that an appeal might be taken from the Justice's Court. The lawyer assured him that he was getting off light. Schwartz appreciated the gravity of his crime just in time to escape, before District Attorney Lyttleton Price sent a posse for him from Tombstone with a warrant. An instance of Burnett's operations was when he walked up to Jack Harrer when that desperado was crazy with drink, pulled him from his horse, disarmed him and on the spot fined him twenty head of three year old steers. Through such transactions as this and through trading in cattle that had "strayed" across the border, the Charleston justice attained a competency. It is singular that his killing was for one crime that in all probability he did not commit.

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