don't let the deputy shoot the judge

from prospector to deputy to the center of a scandal

Joe Keate was one of Sheriff Sam Gay’s most trusted deputies.  And in examining Keate’s exploits, it’s clear to see why Sheriff Gay placed so much trust in Keate.  Deputy Keate arrived in Clark County with his wife and two children from Utah around 1910 and first worked as a bookkeeper for a mining company and made a tidy sum after discovering a large deposit of gypsum outside of Las Vegas.  After making his gypsum discovery, Keate moved to Vegas where he went on to lend a reliable hand in bringing law and order to the Moapa region of Clark County.  He made the front page of the local papers in 1915 for bringing two bandits to justice after a running gunfight around Moapa.  He also worked the routine robbery and burglary cases around Las Vegas with great success.  Keate also was active in the social life of early Las Vegas, serving on local boards and helping to organize community events.

But in an example of the fraught line between law and anarchy on the frontier, Deputy Keate found himself at the center of a scandal that would implicate some of the most powerful officials in the county.

the deputy disobeys the judge

Justice of the Peace for Las Vegas W.H. Harkins was presiding over court proceedings on the afternoon of September 19, 1917.  One of the matters before the court was a case involving a local auto shop owner accused of buying stolen tires.  Judge Harkins had previously ordered Deputy Keate to bring a local Vegas resident to the courthouse by 6:00 p.m. as a witness in the tire theft case.

Keate moseyed into the courthouse around 6:35 p.m. with the witness.  He had been called to work early that day and missed breakfast, so Keate decided to stop at his house for a bite to eat before taking the witness to court.  Judge Harkins, a middle-aged and cranky man, was visibly upset at the delay Keate had caused and asked if he had any explanation.  Instead of taking this opportunity to offer some sort of excuse, the hot-tempered deputy instead told Harkins that he had to wait for the judge plenty of times before. 

It is as true now as it was 100 years ago that it is never a good idea to act like a jackass in front of a judge in their own courtroom.Judge Harkins found Keate in contempt and ordered him to pay a $5 fine (about $100 today).At this point Keate likely could have still offered an apology and avoided the fine.But instead he pulled out five dollars from his pocket, slammed it on the desk in front of Judge Harkins, and left the courthouse in a huff.

challenging a judge to a duel

Deputy Keate spoke to a few friends in the vicinity of the courthouse about the slight he had suffered.  And Keate also spoke to his boss, Sheriff Gay, who was standing near the town’s main bank a few blocks from the courthouse.  There is some dispute about what transpired between the two men, but Keate, at a minimum, tendered his resignation to Sheriff Gay.

Keate then made his way back to the courthouse with four of his associates in tow.  Judge Harkins had just concluded the court session.  Keate burst into the courtroom carrying a paper-wrapped object in his hand.  He set the mysterious package on the desk in front of Judge Harkins and pulled back the paper to reveal a revolver.  The deputy then pulled the revolver he wore on his side.  “Mr. Harkins, you have dogged me long enough.  You will remit that fine or fight.”

Judge Harkins froze, going white with fright.  District Attorney Bert Henderson rose from his chair and walked up to the judge’s desk.  The District Attorney picked up the revolver, reminding Keate that he was an officer of the law.  Not a second passed before Deputy Keate turned his gun onto the prosecutor saying, “You leave that alone.  I have cut clean with you.”  The prosecutor lowered the firearm back to its place on the desk between Keate and Judge Harkins.

Sheriff Gay arrived at the courthouse about this time as the crowd of onlookers waited to see whether Judge Harkins would turn over the $5 or pick up the revolver and step outside.The District Attorney and Judge Hawkins demanded that Sheriff Gay arrest his deputy.The sheriff declined their request, noting that no harm had come to anybody.Sheriff Gay apparently was able to talk some sense into his deputy, and Keate, after offering a few more choice words to the court, stormed out of the building.

upholding the rule of law and showing the sheriff the door

This was the last straw for Sheriff Gay as far as the town elders were concerned.  After all, it had only been two years since Sheriff Gay narrowly managed to save his career after getting blackout drunk one night and shooting out the new electric lights that had just been installed along Fremont Street.  Sheriff Gay insisted that when he spoke to his deputy in front of the bank he had no idea that Keate intended to challenge Judge Harkins to a duel, only that Keate intended to resign his position.    

District Judge Horsey, the chief judge in the county, held a hearing regarding the whole matter where a local bishop that was near the bank at the time Keate tendered his resignation to Gay testified that the deputy had expressed to Gay his intention to get his money back from Judge Hawkins.  Judge Hawkins and District Attorney Henderson both testified to Judge Horsey about their shock when Sheriff Gay responded to their requests to arrest Keate by noting that no harm had come to anybody.  Sheriff Gay testified in response that he made this statement in an effort to prevent the situation from spiraling out of control – Gay believed that if he tried to arrest Keate or seize his firearm that someone could be injured in the scuffle. 

Judge Horsey found the bishop’s testimony more credible that Sheriff Gay’s explanation as far as his knowledge of Keate’s intentions.And Judge Horsey was irate at Gay’s explanation for not arresting Keate, issuing a an order removing Gay from office.Judge Horsey’s opinion stressed the importance of preserving the integrity of the local courts and the rule of law in the Las Vegas valley, and it took particular umbrage at the idea a peace officer could usurp the rightful authority of a judge to issue a contempt citation.In Judge Horsey’s view any law enforcement officer unwilling or unable to uphold the laws was unfit to serve.

the lawless lawman makes a comeback

Joe Keate took a hit to his social standing in the local community in the near-term, taking a job as a telegraph operator for the railroad after resigning as deputy sheriff.  The Clark County Commission voted to strip Keate of his position as county fish and game warden in November of 1917.  However Keate’s wife did continue to throw what appear to be popular social gatherings, including bridge games and knitting sessions, and she was mentioned in the local paper for selling war bonds.

Apparently Mrs. Keate’s social activities were beneficial in redeeming her husband’s career as by 1920 Joe Keate felt confident enough to run for sheriff of Clark County.  Keate lost the election, but he had redeemed his reputation by this point, with the local papers noting he had been an effective lawmen during his time as deputy to Sheriff Gay and that his campaign avoided mudslinging.  The year after the election Keate sold his home in Las Vegas and moved with his family a little further west to California.  

PS: Like many who leave Las Vegas, Joe Keane couldn’t stay away.He moved back from to Las Vegas from California in the early 1930’s and made another run for sheriff damn 1931 and served in the position for six years.However, Keate’s impulsiveness and temper did not abate over the years and he was known as a hothead during his tenure, as well as a narcotics addict.After his time in office, Keate returned to his old profession as a prospector at a nearby mine, hoping to again make a fortune in the Vegas dunes.He passed away in Las Vegas in 1948 at the age of 68.