Boyer Info | Old Mines 2017
Sisters Eleonore and Rosine: Mary Eleonore Boyer and Richard Marshall | Rosine Elizabeth Boyer and George W. Rutledge, Sr.
(Marshall: pardon papers and supreme court)
Their parents: Jean Baptiste Boyer & Maria Aurore St. Germain | Charles & Marie Madeleine Boyer | Nicolas III & Dorothee Boyer | Nicolas II & Louise Boyer | Nicolas I & Marguerite | Ettinne & Perinna Boyer |
Joseph St. Germain and Marie Josephine Josette Calvet (Parents of Maria Aurore St. Germain, wife of Jean Baptiste)
Joseph Antoine Calvet and Marie Elizabeth Marechal (Parents of Marie Calvet) | Nicolas Marechal and Marie Jean Illeret (Marie Elizabeth Marechal's parents; Marie Elizabeth Marechal and Antoine Marechal, below, are siblings)
Jean Baptiste Maurice dit Chatillon & Marie Jeanne Corset (parents of Marie Madeline, wife of Charles) |
Jean Baptiste Olivier & Marie Marthe Accica (parents of Dorothee, wife of Nicolas III) | ;
Pierre Payet dit Saint Amour & Louise Tessier (parents of Louise, wife of Nicolas II) |
Nicolas Maclin & Suzanne Larose (parents of Marguerite, wife of Nicolas I) |
Richard Marshall's parents: Benoist Marechal and Mayotte | Antoine Marechal and Mary Catherine Tabeau | Nicolas Marechal and Marie Jean Illeret
Click here for original pardon packet
There are some blanks in my trascription. Please help me identify these words.
Appearances to Nov Session 1863
18. State Ex rel Marshall
Indicted for murder a true Bill Fed Nov 27th 1863. 496 Court to 3rd Monday __ February 497. Wit Recog 498, Jury ____ 540 May 28th 1864, Verdict murder in the 1st degree 541. Mo Ju. New trial & ______ sentence of death to be hung July 9th 1864 M. S 4.
Petition for Pardon of
Sentenced May Term 1864
Washington Co Cir Court
For the crime of Murder
Revocable to pleasure of Governor at any time before 1st January 1869.
Thomas E. Fletcher
Filed and pardon issued July 20th 1867
State of Missouri
Office of Secretary of State
City of Jefferson July 26th, 1866
Mssrs. Voullaire & Jordan
St. Louis, MO
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.
Application for Pardon
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 inlicil confidence in him.
We earnestly request the ___ __ of ____ to grant him a full pardon.
Sworn and subscribed before me this 2d day of August 1866.
O Syman, Notary Public
Philip H. Bishop
Carondelet August 23, 1866
Seymour Voullair Esq.
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 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, vanid 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 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 every read 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.
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.
(punctuation added and some spelling corrected for readability)
Rock Spring PO Washington Co, State of MO March 14th 1867
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 ____ 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
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 ____ Cavalry, he said he had made his escape while being taken from Ms. Dowl(?) 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 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 begin you ___ or imprudent murder(?) the _______. People’s minds must have time to reflect and persons time to soothe how there a Petition may be signed.
As you want me to give names I have had to hunt this piece of paper on sale. If Richard and Mr. Ersquird a little ____ ____ the news of your confession, your motions ___ 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 lets 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 ____ ___ 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)
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 with you _____ young 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 Pap and Beat him to the house so you could have caught him. I think you ____ Dave 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 ___ against the other as in the knife there. I think you both ____ strong situation.
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 verble. Stare _____
Now you ___ ___ ____ Dave and his friends $100 to ___ I am told to ____ a terrible weight to come against a man in your situation. See those you had of got the warrant and have relatives and ____ 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 no more than I think your situation write. You have had a bad chances. You I supposed have never got to ___ since imprisonment. But David has been more tricky than you. I may as well write it for if I don’t you will be wanting me to hereafter. Old Price made a trade through this part of the country. David was afraid like myself and many others ____ ___ sighted was not fit _____ serves the union ___ or votes _____________.
Informal rebels came along one said he was a _____ing officer in men horses blankets medicines in fact anything they could get there 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, high sighted as he was, ____ they did not ____ 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.
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.
David since he swore against you has joined a church, asks blessings, gets drunk in Potosi, restless ___ to fight many things. I might write them. Ask _____ 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 ____ 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
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 won’t __ with Baker called at the house of Mr. Nickles to stay all night.
They were willing of course, a neighbor only about 3 miles apart. It came bed time uncle(?) Dave was shown where to sleep from ___ 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 ___. 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 _____, for give a lawyer the strength in a case and he is a powerful man, we will let him alone. For curiosity sake we might think a little of what he might do. I think he might write down to lawyer ____ your old attorney, the states attorney, and Peryman(?) the 100 00 dollar man that it had been decided by a counsel of learned men that old man Baker was subject in his _____ (over)
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 plaintest 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 ______ ____ing and grit of his teeth that was so common with him and the knife in that powerful arm he could inflict the ____ in the ___ 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 _____ 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
Judge Wilson Prim
Captain Bishop, Jailer
Louis Musick dep jailor
Petition from the Union Tract Society
Testimony of Capt Ehlert
Office of Penitentiary, State of Missouri
Jefferson City, ----------186
[Postmarked July 1, 1867]
Washington County death
commuted to imprisonment for life
Convicted & sentence at May 7 /64
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 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.
Sworn to and subscribed before me this 3d day of July, 1866.
O Symour, Not. Pub.