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.
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) |
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) |
The legend that Smith Jackson's family passed down through the generations regarding Richard Marshall is interesting. I have found many errors in their story as published online and in books that I felt I needed to move it to its own page to separate it from the supported facts that I have found on the main biography page for Regis Marshall and Mary Eleonore Boyer.
Richard Marshall's wife has her name mistakenly as Elizabeth Jackson. Her maiden name is Garrett. Elizabeth's mother, Mahala Hamilton, first married John Garrett and had two children, one of which was Elizabeth. Mahala later married William Pentecost Jackson and had 7 more children. Therefore, Elizabeth's name is often mistaken as her mother's and siblings' surname of Jackson.
William Pentecost Jackson's first wife was Jane "Jinny" Salle. One of two children of William Pentecost & Jinny Jackson is Andrew Phillip Jackson.
Andrew Phillip Jackson had two wives, Catherine Sue Baker and Catherine Hamilton. Andrew had two children by his first wife, Catherine Sue Baker, the son being William Smith Jackson. Therefore, "Smith" Jackson's Step Aunt is Elizabeth Garrett (married to Richard Marshall).
Smith Jackson was born on January 1, 1834 and Richard was born about 1815. Richard is much older.
I actually have a relationship with Smith Jackson as Step Grandson of Mother-in-law of 3rd great-Grandfather! With the "step" and the "in-law" it really means I have no blood relationship to him.
On August 7, 1867, Smith Jackson was tried in the Crawford County Courthouse and found not guilty. I found online a transcription of the deposition statements in a book Wilson Family History. (the pertinent pages are here.) [This document was at this web address in 2018, but has since been removed: https://mineralogicalrecord.com/wilson/pdfs/15D. Jackson.pdf]
These depositions describe the death of Richard as he was shot in the right cheek, not even aware that someone was pointing a gun at him. Depositions are generally not a part of the court record, but rather utilized by the court and returned to the attorneys of record. Why were they in the possession of the family rather than the attorneys or goverment? It is possible that when the attorney by law was allowed to destroy the file, he instead gave it to the family. Attorneys are only required to maintain their files for a specified period of time.
Why were depositions held rather than witnesses at trial? It could be that these were examinations or interragations that were "signed statements" (similar to what police do today when they bring witnesses in for questioning) before filing a complaint and indicting.
I find that this court trial happened rather quickly compared to Richard's which took months just for the indictment and then put off until the next year for the trial. It would make sense that the witness questioning happened quickly, but a trial was much later.
I have found no documentation that Richard's death sentence was commuted. I believe this was a case of mistaken assumption not having knowledge or understanding of court proceedings. Right before Richard was to be hung, the Judge "stayed" his judgment of guilty until such time as the appeal decision was rendered. A stay merely puts a judgment on hold until it is upheld or found to be in error. Things happened so quickly that upon the appeal decision, the stay continued through the pardon process.
I find it a bit funny that whoever wrote this page tries to put together Moses Baker with David Baker, seeing the confusion in facts.
On a website called "Wilson Family History" ( partially here) [this document was at this website address in 2018 but has since been removed: https://mineralogicalrecord.com/wilson/pdfs/15B. Jackson.pdf; Some of the pages are still online having been moved in 2020.] by Wendell E. Wilson, we read about Smith Jackson, the man who killed Richard Marshall.
There are a lot of errors in this legend that has been passed down by Smith Jackson's family. There may be some clues of truth of other facts, but it is hard to determine what is truth and what is fact. You will see on page 325 a photo of David N. Baker's gravestone as the one that was murdered. The true fact is that it was David N. Baker's father, David Baker, who was killed.
The article indicates that Elizabeth Jackson married Richard Marshall. This is not true. Elizabeth Garrett married Richard Marshall and she had half-siblings with the last name of Jackson. [I believe -- Her mother, Mahala/Catherine Hamilton, married William Pentecost Jackson, and later married John Garrett. William "Smith" Jackson's father is Andrew Phillip Jackson, son of William Pentecost Jackson.] [Note: I'm still trying to figure out all the relationships, but will update when they become clearer. Sometimes it makes my head spin.]
The article indicates the incident happened on September 4, 1862; The correct year is 1863.
The article indicates Richard Marshall was traveling with Smith Jackson and David N. Baker; The correct three-some is David Baker (old man Baker) and his son David N. Baker with Richard Marshall.
It may be a good clue as to why Richard Marshall did not like Smith Jackson in that Smith Jackson was the one to arrest him. In the pardon papers, we also read this same information.
The article mentions "family loyalty" on the part of Smith Jackson and I believe this to be the truth. The more I read documents, the more I see that many of the witnesses at his trial were family, that Smith Jackson and the Bakers were family, and everything seemed to be conveniently stacked against Richard Marshall.
The article mentions that Richard Marshall was released from prison in 1866 or 1867; this is accurate as it was July 20, 1867. I have seen no documentation that he was "pardoned to join the Army" other than the it was "revocable to pleasure of Governor at any time before 1st January 1869." Was this the alloted time he was to remain in the Army? However, it is noted the Civil War had concluded.
I believe Mr. Wilson took some of his incorrect information from the Goodspeed article (see page 353 credits).
The story of the "three jurors" was passed down through Smith Jackson's descendants. There may be truth to it, but in reading the witness statements in Richard's trial, there is no mention of the three riding back from Potosi after being jurors, but rather the three riding to and from Bass's store and talk about buying Whiskey. Smith Jackson and Richard Marshall were together before the murder riding a nag together before they went to Bass Store. However, Richard brought the children home from school during this period of time too, so it does not fit that they were in Potosi as witnesses to a trial unless that happened in the morning. [Note: do the Washington County court records show a trial that day?}
Smith Jackson never testified at Richard's trial. Although there is a "William Smith" on the jury, but there is no way of knowing if William Smith Jackson was the same man as on the jury as I found other William Smiths living in the area. William Smith was the foreman of the jury, so if it is the same man, that might explain why there was fear present in Smith Jackson's mind when Richard was released from prison.
This image is from the same website by Mr. Wilson, which he indicates is adapted from an engraving by Frederic Remington called "A Fight in the Street" (1888). Mr. Wilson also credits SCHATZ, d., and DACE, R. (1995) A History of Sullivan Missouri and the Bank of Sullivan. Missouri Publishing Company, p. 6-7."
I found this image in a book "The Cowboy Legend: Owen Wister's Virginian and the Canadian-American Frontier" by John Jennings. It is available online. When I first saw this photo I thought it was a depiction drawn of Richard Marshall's death, but now realize it was just used as a likeness of what it might have looked like.
In A History of Sullivan, 1995 edition, as found on the City of Sullivan's website, on Pages 6 and 7, we read a biography submitted by Smith Jackson's family. Click here to read Pages 6 and 7. It was nice of the family not to mention Richard's name in the article. However, I wish they would put out a third edition so I could correct the false statements in their family history that has been passed down and now been inserted in a book as truth for people to find in the future.
In the book, History of Franklin, Jefferson, Washington, Crawford & Gasconade Counties, Missouri, Page 501, the Goodspeed Publishing Co, 1888, we find our ancestor in print with several errors. First, he did not kill Moses Baker, but rather David Baker. Second, we see the history that has been passed along that he was pardoned to go into the army (i.e. civil war). The Civil War was from Apr 12, 1861 – May 9, 1865 and he was pardoned in July 1867 and killed just weeks thereafter in August 1867. The truth as we have found out is that he was pardoned because of his service to the jail and his good character. It would seem that Smith Jackson's family was interviewed by Westin Arthur Goodspeed and that is where he received his false information.