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THIS IS MY WORKING GENEALOGY BIOGRAPHIES, PLEASE DO NOT COPY AS FACT. Some photos are personal and should not be copied and republished; other images are okay. Documentation I collected as proof to support facts (i.e. dates, relationships, etc.) are available for your use. I share freely, but please do not abuse copyright or perpetuate any information without supporting facts that may or may not be in error. I try to mark in red my questions or documents I need to look for, so your assistance in making this a complete collection is always appreciated.

Sisters Eleonore and Rosine: Mary Eleonore Boyer and Richard Marshall | Rosine Elizabeth Boyer and George W. Rutledge, Sr.

(Richard Marshall additional pages: pardon papers and supreme court and my synopsis and Smith Jackson story)

Videos and Photos in Historic Ste. Genevieve

Eleonore and Rosine's parents: Jean Baptiste Boyer & Maria Aurore St. Germain | Charles Boyer & Marie Madeleine Maurice dit Chatillon | Nicolas Boyer III & Dorothee Olivier | Nicolas Boyer II & Louise Payet dit St. Amour | Nicolas Boyer I & Marguerite Maclin | Etienne Boyer & Perinna Peineau |

Joseph St. Germain and Marie Josephine Josette Calvet (Parents of Maria Aurore St. Germain)

Joseph Antoine Calvet and Marie Josephe Therese Marechal (Parents of Marie Josephine Josette Calvet) | Nicolas Marechal and Marie Jean Illeret (Parents of Marie Joseph Therese Marechal and Antoine Marechal, siblings) | line continues with Antoine below

Jean Baptiste Maurice dit Chatillon & Marie Jeanne Corset (parents of Marie Madeline Maurice dit Chatillon) |

Francois Corset Dit Coco and Elisabeth Bienvenu (parents of Marie Jeanne Corset) |

Jean Baptiste Olivier & Marie Marthe Accica (parents of Dorothee Olivier, wife of Nicolas III) |

Pierre Payet dit Saint Amour & Louise Tessier (parents of Louise Payet dit St. Amour, wife of Nicolas II) |

Nicolas Maclin & Suzanne Larose (parents of Marguerite Maclin, wife of Nicolas I) |

Richard Marshall's parents: Benoist Marechal and Mayotte | Antoine Marechal and Mary Catherine Tabeau | Nicolas Marechal and Marie Jean Illeret | Claude Illeret and Simone Marie Martin (Marie Jean Illeret's parents) |

Richard Marshal Transcription of Pardon Papers

Click here to download the original pardon packet, with the transcription below

Missouri Archives - Pardon File of Richard Marshall
Transcribed by
Cheryl Rutledge-Brennecke (descendant of Richard Marshall and Mary Eleonore Boyer)
and Liz Hiller Schulte (descendant of Richard Marshall and Elizabeth Garrett)

 

1. Cover

Appearances to Nov Session 1863

18.
State                             )
vs.                                 )
Resp. Marshall              )
Indicted for murder a true Bill filed Nov 27th 1863. 496 Cont. to 3rd Monday July 497. Wit Recog 498, Jury sworn 540 May 28th 1864, Verdict murder in the 1st degree 541. Mo Ju. New trial & overruled; sentence of death passed to be hung July 9th 1864 M. S 4.
[There is text between “passed to” and “be hung” that looks like “Could 28” or Cont’d 28”]

2. Petition for Pardon Cover

 

Petition for Pardon of
Richard Marshal
Sentenced May Term 1864
Washington Co Cir Court
Life       years   months
For the crime of Murder

[round seal]
[the below in handwriting]
Issue Pardon

Revocable to pleasure of Governor at any time before 1st January 1869.
Thomas E. Fletcher

Filed and pardon issued July 20th 1867
Francis Rodney

3. Cover letter from Francis Rodney to Voullaire & Jordan

 

[Official Letterhead for State of Missouri, Office of Secretary of State]
State of Missouri
Office of Secretary of State
City of Jefferson July 26th, 1866

Mssrs. Voullaire & Jordan

St. Louis, MO

Gents:
The following is a list of the papers on file in this office relating to the case of Richard Marshall, to wit:
A copy of the indictment, examination, and verdict; copy of judgment of the Supreme Court; a letter from prisoner to Capt. Ehlert; a letter from M. Conger, attorney at law, letters from Messrs Primm, Voullaire and McNeil; a letter signed by several ladies and a statement of John J. Witham, counselor for the defendant.
Very respectfully,
Francis Rodney

4.  Handwritten folder cover

 

Richard Marshall
Application for Pardon

5.  Letter from Philip H. Bishop

 

State of Missouri, County of Missouri SS—

Philip H. Bishop, being duly sworn on his oath says as follows:
I was jailor when Richard Marshal was put in the St. Louis Jail under my care.  He rendered myself and the County a great deal of service by being Hall Tender which is an important office in Jail said.  At a certain time the date was unknown to me, whilst I was Jailor, said Marshall being Hall Tender, an outbreak amongst the prisoners took place and through the vigilance and actions of said Marshal, the life of my deputy Peter Stretch was saved and this prisoner apprehended from escape.  On many occasions he gave me valuable information of the plots of the prisoners to escape.  Marshall himself could have escaped several times if he desired, but he never hoped to do so & myself & deputies always placed the most illicit confidence in him.

6. Letter from Philip H. Bishop Continued

 

We earnestly request the Governor of Missouri to grant him a full pardon.
Sworn and subscribed before me this 2d day of August 1866.
O Syman, Notary Public
Philip H. Bishop

7. Letter from Judge Wilson Primm to Voullair

 

Carondelet August 23, 1866
Seymour Voullair Esq.

Dear gm:

I have just received a note from Richard Marshall now in the St. Louis jail under sentence for murder.  He informs me that you have interested yourself in his behalf, and seem to think that a few words from me might aid you somewhat, in any step which you would deem proper towards obtaining executive clemency.

The name of this unfortunate man is not Marshall; it is Marechal.  He is the illegitimate son of Benoist Marechal, my near neighbor, by a woman named Mayotte, a half breed Indian, who first lived in Kohokia, and afterwards in this place.  From his childhood up, he was known by the soubriquet (means nickname) of Zico Marechal and lived here until his marriage with Mrs. Ignace Tessier, a daughter of the old Lemai who used to keep Lemay’s Ferry on the Maramec.  This must have been some twenty years ago or perhaps more.  He then moved away to one of the Counties below, and I entirely lost sight of him, until

8. Letter from Judge Wilson Primm to Voullair - Continued

 

about two years ago, he was brought into court and examined as a witness in behalf of a fellow prisoner.  On that occasion he gave his name as Marshall.  Struck by his accent and features, I asked him if he was not a Creole of Carondelet, and he told me that he was, stating at the same time that he knew me well, and asking if I did not remember Zico?  My recollection of him was at once refreshed, and I remembered him very distinctly.  On that occasion he related the circumstances attending his accusation, trial, and condemnation, in a manor from which as I learn, he had never, under any circumstances, varied in the least, and which left upon my mind, a strong impression of his innocence of the crime laid to his charge.  From that day to this, that impression has been strengthened.  You know that in a small town as Carondelet some twenty or thirty years ago, every man and woman has a distinctive character and reputation, for it is the business of every one to study the character and disposition, and to know the business and pursuits of his neighbor.  So it was with Zico.  Losing his mother at an early age, unrecognized and unaided by his father who having contracted a legitimate alliance and having legitimate children, would not recognize such a waif as he was.  Zico was raised from hand to mouth, as it

9.  Letter from Judge Wilson Primm to Voullair - Continued

 

were, in the village, doing little chores here and there for a mere pittance sometimes, but generally for no pittance at all, and growing up to manhood without education, but with a willingness to work and with a kindness of disposition which made him even ever ready to give a helping hand to those in need.  Strong and able bodied, he was gentle as a child, and would invariably avoid collision or dispute with any one, however physically inferior to himself.  He, and one Savigne Desnoyers now dead were respectively styled “La bête du Bon Dieu” [God beast = a ladybug, it is a French idiom] and they used to say that “Les poux qui les mordraient, seraient damnés.” [The lice which would bite them, would be damned.]

This innocent and unoffending character is that now universally given to Zico, by all the old inhabitants of this place who knew him, and there is not one of them who is willing to believe,  howevermuch soever circumstances may be against him, that he is guilty of the murder for which he is now sentenced.

              His friends who would be willing to aid primarily in forwarding application for his
pardon, are too far to do so; and his flesh and blood relatives, from false pride, are unwilling to do so; they seem unwilling to acknowledge “qu'un de la famille a été pendu” [that one of the family was hanged] as has been in jeopardy of that punishment.

10.  Letter from Judge Wilson Primm to Voullair - Continued

 

              Poor Zico seems to look to you, as the only refuge and help in this his hour of adversity; and I earnestly trust that his hope may not prove unfounded.  My intimate acquaintance with you assures that you have a true appreciation of the duties which pertain to the noble profession to which we belong. That in its pursuit, there often more heartfelt and enduring satisfaction in the consciousness that without the slightest expectation of earthly promise a reward we have been instrumental in raising the humble from the dust, in binding of the wound, of the broken heart, in protecting the weak against the strong, and in saving from infamy the innocent condemned.

              God grant that you may be successful in moving the Governor’s heart to grant the full pardon of Richard Marshall.

Yours truly

Wilson Primm

11.  Letter from George Reynolds

 

(Punctuation added and some spelling corrected for readability; George did not spell well.)

Rock Spring PO Washington Co, State of MO March 14th 1867

No 1
Mr. Marcheal before respects Due respects
I endeavor to drop you a few lines.  I am not well, broke like in the back, and hope you are in better health.  I have received 2 letters from you, one of date January 24 and one of March 3rd. I went down to your mother-in law’s on Sunday to hear what news for your benefit I could and found Richard Jackson was there. He said had been over to Lees and while there Blanton came in and said to your wife he has had 2 letters for her, and came to fetch for them, found he had left them at home and started back for them, but Richard says he left before Blanton returned and did not know who they were from or what might be in them.  Old man Jackson died the 26th day of January.  I find you want me to state what you was in regard to the rebellion.  I would say from you, action, noting, and talking that you was a Union man, and would take a long letter to give all my reasonings for knowing it. Old Man Baker the dead man that you accused his son of killing and his son accused you and I don’t believe anyone of you done it.  He ______ (over
[text faded on the page]

12. Letter from George Reynolds - Continued

 

The same David that swore out the warrant against you was in these days like a copperhead. The prisoner, his name I have forgot, I think he said he belongs to the Rebel 9th Texas Cavalry, he said he had made his escape while being taken from Mr. Dowel Collage to Indianapolis and, by jumping from the cars the depo over the river from St. Louis.  You want me to do something in the way of a Petition for your liberty that you may enjoy the sight and fruits of good old flag.  I don’t blame you.  Now Marcheal I could talk about that as much would fill a dozen sheets of paper and have not one hole sheet and a poor hand to apply to paper.  You or some attorney send down here a Petition once and when it was presented to me no one had signed it, nor did I sign it either, because it would have done more harm than good.  A few days before the Petition was known of, the news started freely all over the county that you have fully confessed to the killing of Baker.  I have never heard a contradicted story, don’t believe it because I don’t think you killed old man Baker.  This was my reason for not signing it and being unproper or imprudent under the circumstances. People’s minds must have time to reflect and persons time to soothe how there a Petition may be signed.

[Note: The 9th Texas Cavalry Regiment was a unit of mounted volunteers that fought in the Confederate States Army during the American Civil War. The regiment fought at Round Mountain and Bird Creek (Chusto-Talasah) in 1861, Pea Ridge, Siege of Corinth, Second Corinth, Hatchie's Bridge and the Holly Springs Raid in 1862, and in the Atlanta campaign, Franklin, and Murfreesboro in 1864. The regiment surrendered to Federal forces on 4 May 1865 and its remaining personnel were paroled. The regiment first saw action in Indian Territory at the Battle of Round Mountain on 19 November 1861 and at the Battle of Chusto-Talasah on 9 December. Most of the tribes in Indian Territory supported the Confederacy, but several thousand Native Americans remained loyal to the Union. Via Wikipedia]

[Note: There is also a 9th Cavalry Regiment that was post-civil war authorized on 28 July 1866. The regiment provided escort for the early western European settlers and claimed the American borders from Native American peoples, etc. Via Wikipedia]

13. Letter from George Reynolds - Continued

 

No. 3
As you want me to give names I have had to hunt this piece of paper and rule it.  Rich and me inquired a little tho startled the news of your confession, your mother-in-law says it was Smith Jackson and David Baker brought the news from town.  David the one who swore out the warrant against you.  In looking over only first of writing, I see a question you would ask or want me to explain in another letter which I may as well do now the reason why I think you mistaken in accusing young Dave of killing his father. Now Marchael your mind should be prepared for reason as sure as other lawyers and doctors.  Now let’s look at the case you three all traveling along together drunk.  You ask young Dave for his knife to cut your tobacco.  He hands it to you.  You cut your tobacco and you say hand him back his knife.  Young Dave says you did not.  Now Marcheal might you have not put the knife in some other hand in the dark for I think I had occasion to bring water in wash’n and laying out the Dutchman and it was so dark that I walked right into the branch. Again I do believe it is not in you to stand and see one man murder another without rendering some assistance.  I think you would have marked or hurt Dave or got hurt yourself. So you was not there on ahead.  You can only suppose David killed his father as you thought you had handed him back his knife.  Now let’s reason your accuser young Dave’s case, a strong hardy young man proclaims himself to (over)

[Note regarding “laying out the Dutchman,” a plow: Moline Plow Company traces its roots to the 1850s, when Henry W. Candee, Robert K. Swan and several others formed a partnership, Candee, Swan & Co., in Moline, Illinois, to build and sell fanning mills and hay racks. Soon after, Andrew Friburg, formerly a shop foreman at John Deere, joined the partnership and the fledgling company began to manufacture plows. Via farmcollector.com]

14. Letter from George Reynolds - Continued

 

No. 4
to fear no man will shed his coat at the drop of a hat as the saying is, and has continued to ever since your trouble, could he stand by and see you murder his father in a brutal manner. No, he would have pelted you with rocks, he would have marked you and perhaps you him.  I think the reason he did not was because he was not there. On ahead of the scene as you were.  How could either of you see the scene on ahead in the dark well you missed uncle Dave as we most all called him, and looking back and seen him in supposes him to be in the sulks as was common for him to stumble over and sometimes lay a long time in the cold. You go to him and try to rouse him up and so find his situation, gets blood on your sleeves, one of the tall tales in the people’s minds.  It is a lonesome place to stay by a dead man in such a place as your situation was and trying to get away. Both of you supposing the other to have the knife.  It’s said Dave thought you after him. He must have been wrong for if you could pass and beat him to the house so you could have caught him. I think you better dam your best to get out of the woods as there was a dead man in there and it considerable dark.  Here it is again you talk that Dave has killed his father.  You are absent.  Dave comes in and tells that you have killed his father.  One wrote against the other as in the knife there.  I think you both sworn through.

15. Letter from George Reynolds - Continued

 

No. 5
I think when you have read the 2 ½ sheets I have written you still want more.  So I will write some on this. Well the case you tell your wife you will go to squire often and goes up and find him not at home.  Unlucky for you Dave is more lucky.  He goes to some other magistrate and he swears and gets a warrant. On that warrant they knew right where to go to catch you for you had told where you was going. It is generally the case that when people commit murder, they hide a little, but I think you nor Dave had any time to hide for as consequence may one of you hid, well, your trial before a magistrate tells nothing more blood on the _____ knife, ___ returned on the one ____ and verbal ____ stare
[the end of the page is faded text.]

16. Letter from George Reynolds - Continued

 

No. 6
Now you employ lawyer Conger. Dave and his friends $100 to Perryman I am told to convict a terrible weight to come against a man in your situation. Suppose you had of got the warrant and have relatives and such and the 100.00 to throw (through) on the balance with the states attorney, would he Dave be just where you are and have been.You think perhaps that would have been right. Well I don’t know more than I think your situation write.  You have had a bad chances.  You I supposed have never got to serve since imprisonment. But David has been more lucky than you.  I may as well write it for if I don’t you will be wanting me to hereafter.  Old Price made a raid through this part of the country.  David was afraid like myself and many others being nigh sighted was not fit for service of the union army. Missouri voters feel he thought of

17. Letter from George Reynolds - Continued

 

No 7
them two (too).

[Note: Major-General Sterling Price (September 14, 1809 – September 29, 1867) was a senior officer of the Confederate States Army who fought in both the Western and Trans-Mississippi theaters of the American Civil War. He rose to prominence during the Mexican American War and served as governor of Missouri from 1853 to 1857. Via Wikipedia]

Infernal rebels came along one said he was a recruiting officer in men, horses, blankets, medicines, in fact anything they could get their hands on of any value.  Well in some way they soon found quite a company of fellows that thought themselves not fit to serve in the union ranks. Dave with the balance, nigh sighted as he was, then they did not night (or slight) my house. Dave went on with them till he got tired or seen dead men enough, quit them and come home. I seen him not long after where he presented me with a blanket, said he seen in come out of my house.  I told him I did not know whether it would be right for me to receive it.  Just then as I was ordered to report to Potosi, I would find out, and did find out, that it was right to take the blanket. I told I would.

[Note: It would seem the “infernal rebels” were also those known as bushwhackers in Washington County, Missouri.]

18. Letter from George Reynolds - Continued

 

No. 8
Except of the blanket then he said he did not know that he had a right to give me the blanket, and would not, nor did not.  How much more he made with the rebels I don’t know. Well it came that last fall we were to have an election.  All persons so many days before the election had to register to become a voter legal on that day.  This is all perhaps new to you and perhaps the oath is too.  I will give you a little of it.  1st - has never been in armed hostility to the United States on the lawful authority thereof or to the government of the state. 2 - has ever given aid or comfort countenance or support to persons engaged any such hostility or get the articles and read them or have them read to you. Well David took the oath swallowed it with as clear a conscious as ever a copperhead swallowed a frog.  See if it corresponds with the swearing against you.

19. Letter from George Reynolds - Continued

 

No. 9
David since he swore against you has joined a church, asks blessings, gets drunk in Potosi, restless, stops to fight many things.  I might write them.  Ask wherein is stability or consistency.  Now Marchael I have not seen you but once since you came to my assistance and that was as you were mounting the horse to go to gaol (jail). Your countenance did not look to me like a murder, though you looked to me like a Frenchman in one bad fix.  It would not have been good for me then to have said poor Marcheal, as you said in your letter.  Them was stormy times for both of us, Marchael.  It is said that a drowning man will catch at straws.  I am inclined to think you have caught at many of them.  I don’t blame you.  I would do the same in your situation and terrible weight thereon me as on you.  But keep of good cheer old friend.  I will throw you a chunk

20. Letter from George Reynolds - Continued

 

No. 10
and you now take hold of it and never let you.  You may call the chunk, cork, or mouth/growth(?).  It will hold your head above water.  The gates of hell cannot prevail against it.  Let alone the gates of the penitentiary.  See your attorney.  Tell him that old man Baker the dead man was subject to spells of desperate drunkenness days, weeks, and sometimes months. Ask him to pick a few learned men, not lawyers, but doctors, philosophers, he might have a psychologist to examine facts that they can decide that the old man Baker was subject to spells of suicidal in the absence of a dictionary will illustrate the word. Suppose a man to get in to a flat boat to take a ride over the falls of Niagra we term it suicidal.  Having got them to state a few facts and mind hold on your chunk. Tell them the case at Nickles you must have known it for fear you don’t, I will. Baker called at the house of Mr. Nickles to stay all night.

21. Letter from George Reynolds - Continued

 

No. 11
They were willing of course, a neighbor only about 3 miles apart. It came bed time uncle Dave was shown where to sleep from some cause he did not choose to go just then.  Now mind Nickles was one of our own good men, a very stout man, and a peaceable man (though now dead), his wife a pretty woman raising a nice family of children and a character beyond reproach, they went to bed and left Baker sitting by the fire though not long after he raises up and draws out his butcher knife and lays it on a quilt in the frame for the purpose of begin quilting, saying at the same time, lay there I will have use for you after a while. Presently walks to the bed that Nickles and wife was laying in and gets in with them. Nickles of course could not stand that and the consequence was a fight in which Baker had to be hauled home. Now I hold this to be a case of suicidal.  Tell them what you know of such cases, for instance trying to wrench the pistol out of my hands aiming to shoot his sons and killing the old zero. Several more things that I can’t quite call to memory are all suicidal, which I think these learned men would be bound to decide ways.  Now you have got sail to your thirst, for give a lawyer the strength in a case and he is a powerful man, we will let him alone. For curiosity’s sake we might think a little of what he might do. I think he might write down to lawyer Conger your old attorney, the states attorney, and Perryman the 100.00 dollar man that it had been decided by a counsel of learned men that old man Baker was subject in his legal fees (over)

22. Letter from George Reynolds - Continued

 

No. 12
for them to set a day and examine the evidence and if it was not possible that old man Baker had commit suicide.  Now when they go to commit suicide as generally a little sly about it and the plainest way about it. To me is you handed the knife into the old man’s hands and I think when far enough behind with that terrible staring and grit of his teeth that was so common with him and the knife in that powerful arm he could inflict the wound in less time than we could tell it.  Think I have written enough to you.  If you hold on to the chunk, the lawyer, your sail, and the worthy Governor, you [have a ] “wharf to land on.”  Richard Jackson wants you to write him a letter.  I have not seen your wife since the burial of the old man Jackson which was the 28th of January 1867.
Wishing you a clear sail and safe landing I remain yours
George Reynolds

[Note: “wharf” is another sailing reference meaning “dock.”]

23.  Handwritten cover page

 

Judge Wilson Primm
Captain Bishop, Jailor
Louis Musick dep jailor
Lawyer Claiborne
Seymour Voullaire
Petition from the Union Tract Society
Testimony of Capt Ehlert

24. Envelope Cover

 

[On official branded envelope of Office of Penitentiary, State of Missouri]

Office of Penitentiary, State of Missouri
Jefferson City, ----------1867
[Postmarked July 1, 1867]

Richard Marshall
Murder
Washington County   death
commuted to imprisonment for life
Convicted & sentence at May 7 /64

25. Letter from J.L. Musick

 

State of Missouri, County of St. Louis

J. L. Musick being duly sworn on his oath deposeth and says as follows:  I was deputy jailer of the St. Louis County Jail for the period of about ten years under Castallo, Phelps, Grogan, Rodman, Bishop, and Ehlert.  All of them jailers of the said jail.  On the fourth day of November 1865 when I was still Deputy Jailor (having resigned on or about the 15th of November 1865). Some of the prisoners, about sixteen in number, made an attempt to escape and three of them succeeded in their attempt and got out.  At this time Richard Marshall was confined as a prisoner in the jail, having been convicted of murder in the first degree in
            and sent to the St. Louis County Jail for safe keeping.  He was acting as hall tender when on the said 4th day of November 1865, the attempts was made on the part of the prisoners to escape.  The prisoners had been taken out of their cells which were being white-washed and were in the main hall of the jail.  As I opened the hall door for the purpose of letting out the cook, I was struck by one of the prisoners on the forehead with a bottle and completely stunned by the blow, which sent me reeling down the steps for the distance of about ten feet.  Marshall who was in the hall of the old jail, hearing the disturbance, immediately ran to my assistance and prevented the prisoners from rushing onto me; and as I was getting up, he cried to me to shoot the thieves.  All this time he was preventing the prisoners from rushing through the doorway and assisting me in driving them back by knocking several

26. Letter from J.L. Musick - Continued

 

of them down.  During the confusion the three mentioned made good their escape.  After the prisoners had been forced back into the jail, I told Marshall to lock the door, which he did, bringing the key to me.  Had Marshall not come to any aid most of the sixteen prisoners would have successful in making this escape, but by his help all but three were driven back, and myself was saved from further serious injury.  Marshall at this time could have escaped if so desired.  All the time that I had Marshall as hall tender, he rendered me and the other officers about the jail great service, by giving us information of anything wrong among the prisoners and always telling us when there was any seeming attempts on their part to break jail.

              For these great services which Marshall has rendered to the State and out of personal gratitude to him for his good services to me, I think Marshall is entitled to pardon and do most respectfully solicit for him and recommend him to executive clemency.

                                                                      J.L. Musick

              Sworn to and subscribed before me this 3d day of July, 1866.
              O Symour, Not. Pub.

27. Certification

 
Missouri State Archives
_____ 1717(?)
County
Record  Office of the Secretary of State
Vol  Commissions
Page Pardons, 1836-2018
Reel Richard Marshall 20 July 1867