Horse stealing was a serious crime in the old west, probably even more serious than auto theft is today since a horse was more than just transportation and there was no insurance to cover the loss. So a horse thief, if caught, was in big trouble.
From the Arizona Daily Star, Jan. 7, 1890:
One horse thief less
On Monday last, Justice Weatherford placed in the hands of Constable J.W. Francis a warrant charging Asa Upton with horse stealing. Officer Francis left on the afternoon train for Woods' sheep camp, near Winslow, to arrest the horse thief, but did not arrive in Winslow till late, so he put off going to the camp until early the next morning, and then started.
On arriving at the camp a little after sun-up, he saw Bargman, Soyder and Upton sitting around the fire cooking breakfast. Constable Francis then addressed Upton and said,
"I've got a warrant for you."
"What's it for?" Upton asked.
"For horse stealing," replied Francis.
Upton then got up and again asked, "What's it for?" and Francis again replied, "for horse stealing." In the meantime Upton had got within about 5 feet of the tent, inside of which was his Winchester rifle. Francis then told him to stop, when he again asked what the warrant was for, and then stood still for an instant, when he made a desperate and determined spring for his gun; then Francis fired, the ball entering the left breast. Upton lived about 45 minutes after he was shot.
Ex officio Coroner Weatherford empanelled a jury and they brought in a verdict of justifiable homicide, and completely exonerated officer Francis.
— Prescott Miner
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The Morgue Lady finds it a little amusing that the article gives such details as that of Officer Francis arriving late in Winslow and so puts off the arrest until the following morning. Yet the first names of the two men sitting at the campfire with Asa Upton was not divulged.
