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

Regis "Zico" Marechal (Richard Marshall) and Mary Eleonore Boyer

 

 

Regis Marechal is born in 1815 in Missouri, to Benoist Marechal and a half breed Indian from Kahokia named Mayotte. His name was anglicized to Richard Marshall. His birth year is found in the 1860 census. His nickname in his younger years was "Zico Marechal."

Richard's birth, nickname, an first marriage is recorded in a letter to the Judge for pardon purposes by Judge Wilson Primm. Judge Primm was born January 05, 1810 in St. Louis, Missouri, lived in Carondalet, and died in 1878. He was considered the first historian of St. Louis and his letter regarding Richard, fortunately for us, carried forth that historic nature.

 

Zico lived in Carondalet (St. Louis), Missouri until his marriage. Then he moved to one of the counties below the St. Louis area. (Note: look for his first wife's death and/or census in those counties) Zico lost his mother at an early age. Being an illigitmate child, and his father having after his birth remarried and having ligitimate children, he was not recognized as a child by his father. Judge Primm wrote, "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 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. "

 

Mary Eleonore Boyer (Mary L. Boyer) was March 17, 1826, and baptized at St. Joachim Church, Old Mines, Missouri (Baptismal Register, 1820-1827, pg 111) to Jean Baptiste Boyer and Maria Aurore St. Germain. Eleonore is the sister of my other third great Grandma, Rose Elizabeth Boyer. (Mary Lucinda Marshall Wright Grimes' death certificate, her daughter, indicates she was born in Potosi.)

 

RICHARD'S FIRST MARRIAGE

Richard's first marriage was to Amelia Marie Lemay on May 14, 1839. She was 16 years old and he was 24 years old. Per the pardon letter, Amelia was "a daughter of the old Lemai who used to keep Lemay’s Ferry on the Maramec." Amelia's mother was Marie Louise Valle. There is a May 14, 1839 marriage record for a Registre Marechal in St. Louis to Emelie Terrien (nee Lemay) widow of Ignace Terrien. The marriage index indicated that Regis Marechal was from Cahokia. Emilie Lemay married Ignace Terrien (and he was a widower then) in 1836. MARECHAL, Regis to Emelie TERRIEN nee LEMOY wid Ignace 2 Nov 1839.

Note: When did Amelia die or did they divorce?

Quoted from St. Louis Today's article: "On May 5, 1834, a ferry license was granted to Francois Lemay, a name also spelled “Lemai” at times in early St. Louis history. But Lemay proved to be a less than ideal ferry operator, Hamilton said. “There are a number of accounts of Lemay showing up late, or not at all, and leaving customers waiting,” he said. After petitioning the St. Louis County courts in 1848, Noah H. Whitmore was allowed to take over the license, Hamilton said. And while the name was widely used to refer to the river crossing, the road was called Carondelet Road, Middle Road or Meramec Road through the 1850s, Hamilton said. It became Lemay Rock Road, or simply Lemay Road, after improvements were made. The current name did not become prevalent until the early 1900s, he said."

From the St. Louis City Civil records.  Mons. Leblond was either tipsy or tired? Registre (as in Registre de Paroisse (Parish Register or Records) is a word he probably wrote a bazillion times.

 

RICHARD'S SECOND MARRIAGE TO BOYER

Regis Marechal married Mary Eleonore Boyer on February 9, 1846, at St. Joachim Church, Old Mines, Missouri. Regis was 31 years old and Eleonore was 19 years old. Many of the Boyer women in the Old Mines area had Mary as their first name and went by their middle name. I note a clue may be in the witnesses of Louis Boyer and W. Golden.

 

Regis (Richard) and Eleonore have a daughter, Mary Lucinda Boyer on March 29, 1849, in Ste. Genevieve, Ste. Genevieve County, Missouri.

Read about Mary Marshall and Andrew Jackson Wright. The death certificate for Mary Lucinda Marshall Wright Grimes indicates her parents are Mary L. Boyer and Richard Marshall. The "L" for the middle initial could be "El" in "Eleonore" if she went by the nickname of "Elle."

Their daughter, Mary Lucinda, and Andrew Wright were (registered) married in 1879 in Ottowa, La Salle County, Illinois.

Since Mary Lucinda Marshall Wright Grimes returned to Missouri and is buried in Desloge, this indicates a return to her family roots in Missouri. The census indicates that both of her parents are born in Missouri.

 

Where is the family in the 1850 census? My instinct is that Eleonore died in child birth. Based on the 1860 census below, Mary Lucinda Marshall was raised by her step-mom, Elizabeth. Eleonore would have died before 1860.

 

RICHARD'S THIRD MARRIAGE

On February 19, 1858, Richard Marshall married Elizabeth Garrett (marriage record) in Crawford County, Missouri. She was born April 20, 1820, in Pulaski County, Missouri, and died September 24, 1918, in Washington County, Missouri. Her first marriage was to William Litton on September 25, 1849, in Washington, County, Missouri. Her third marriage was to Peter Wise in 1870 and have three more children, Richard, William A, and Jesse M. Wise.

 

 

In the 1860 Census, Washington County, Johnson Township, Rock Springs Post Office (Page 1 and Page 2) Richard is listed as living in dwelling 882 and his wife Elizabeth and daughter Mary are living in dwelling 883. This could be a census taker error. Richard is 45 years old, which would mean he was born in 1815, and he is a laborer in the Nancy Blanton (56) home. He is born in Missouri and cannot read. Elizabeth is 40 yeas old. At the top of the next page his daughter Mary L. Marshall is 13 years old. Note: Look into where the Blanton's lived and any possible relation.

Rock Spring was a post-office 20 miles northwest of Potosi. (--Gazetteer of Mo., p. 635) and is now listed as being in St. Francois Co. (--Rand, McNally.) (source) The St. Francois County does not fit.

There was a school, see if Mary Lucinda Marshall is in these records. The school was in "Wallen Creek neighborhood between Potosi and Irondale, Missouri" and "Rock Springs (local usage is with the final "s") is sometimes noted as just Rock Spring on maps of Washington County."

This Washington County Map shows many old post offices (same map). I do not see the date of this map. In the upper left hand corner is the Rockspring P.O. I have circled it above and it is in Township 39N 1 W, Section 21.

I found Township 39N 1 W, Section 21 on Google Earth and note that the Bourbon Road in the old map is now State Highway N and circle about the same location after the intersection with County Road 204.

In putting locations on my genealogy map for the Marechal | Marshall family, it brings to life the journey of the below story, with Richard being married in Old Mines, the trial being in Potosi, the horse ride home to Rock Springs, and where the train was pulling into the station in Sullivan where Richard was shot.

As seen by the above image, Crawford County (where Richard and Elizabeth were married and first son born) is close to the location of Rock Spring as circled. Crawford County seat is Steeleville, Missouri, should Richard and Elizabeth have married at the courthouse. However, Sullivan is partly in Franklin County and partly in Crawford County.

 

April 12, 1861 is the beginning of the Civil War.

 

On September 4, 1863, David Baker was cut in the neck with a knife and killed. He is known as "old man Baker." David's son, David N. Baker, was present at the time and accused Richard Marshall of the killing. David N. Baker is known as "young Baker."

 

On November 27, 1863, Richard was indicted for murder. He was arraigned and plead not guilty.

 

On May 27, 1864, The Circuit Court of Washington County, Missouri, held the trial of Richard Marshall's case for murder. Read the transcription of the Supreme Court case which contains the "record on appeal" from Washington County, including all of the witness statements. Richard was arraigned, indicted, a jury called and chosen, and tried all in one day.

 

On May 28, 1864, the court reconvened and the verdict found Richard Marshall guilty of murder in the first degree. On the same day the sentence was issued "that on ninth day of July next between the hours of nine o’clock am and two o’clock pm" Richard Marshall would be hanged. It was ordered that Richard be placed in the custody of St. Louis County for safe keeping until such time. A Motion for New Trial was requested by Richard's attorney which was denied.

 

On July 9, 1964, Richard Marshall was to be hung. I have not found a document listing the date that his death sentence was commuted to life in prison, but I have found several documents indicating that it was commuted. Other histories indicate that it was commuted directly before this date.

 

May 9, 1865 is the end of the Civil War.

 

On June 26, 1865), Richard and Elizabeth have a son, Richard Henry Marshall, in Crawford County, Missouri. He is the half brother to Mary Lucinda Marshall, my third Great-Grandma. Note: In the August 13, 1870 census, Richard is living with his mother Elizabeth and he is 3 years old, being born about 1867, August or the prior year through July 1866. The 1900 census indicates Richard Henry was born June 1866. The 1910 and 1920 censuses gives him a birthdate about 1868. The 1930 census gives him a birthdate about 1867. The 1940 census gives him a birthdate about 1866. His death certificate lists June 26, 1865. Nine months before June 26, 1865, would be September 26, 1864, after his trial while he was in prison in St. Louis. The death certificate also lists his birth in Kentucky, but the census indicate Missouri, so the informant may have given his best knowledge that may have been incorrect. [It is my guess that Richard Henry was born in June 16, 1866. We see June used twice, so I believe he was born in June of some year. The 1870 census is more likely to be correct. If this is correct, 9 months prior would be September of 1865. By this time, Richard was on good terms with the St. Louis jailor and his wife may have visited him in jail.] Richard Henry Marshall died March 8, 1951, in Northcut, Washington County, Missouri.

Richard Marshall was a brick wall for me until I discovered in April 2018 the FindaGrave page that had been entered as a "non-grave grave" in 2017. This allowed me to see that the 1860 census listed the family in two households, a census taker error, and put together that Richard had 3 wives. I began pursuing documents regarding the court case. In September of 2018, I became acquainted with Richard Henry Marshall's descendants. They had information I did not have and I had information they did not have. It has been quiet a surprise for all to learn that there were multiple wives and half-siblings. Together, we work together in piecing together the story of Richard Marshall.

This photo was provided by Liz and is a photo of Richard Marshall's son, Richard Henry Marshall, his wife Martha, and two of his children, Fannie and Mary.

It has been passed down Richard Henry Marshall's line that Richard Marshall was a stonecutter. One of his descendants is in possession of this stone that Richard cut for his wife Elizabeth stating "forget me not." We wonder when he cut the stone. Was he able to cut it from jail? Did he cut it sometime after his release and before his death? Possibly at the same time his son was conceived?

 

In October 1865, the Missouri Supreme Court, in the case of State V. Marshall, 36 Mo, 400 (1865), decided Richard Marshall's appeal. Click here to read the transcription of the Supreme Court case. This case, as in all appeals, includes the Washington County, Missouri, written copy of the trial court proceedings, called the "record on appeal." We are able to read the testimony of the witnesses at the County trial.

On November 4, 1865, there was an attempted and partially successful prison break in which Richard helped to save the deputy and keep the others from escaping. The news of the prison break at the St. Louis Jail and the saving of the deputy made national news. The deputy and the jailor wrote letters for the pardon application that account the details. There were sixteen (according to jailor, or fourteen according to newspaper articles) escaping, three who were successful, and thirteen who were held back from escaping. Letters from the jailor and the deputy jailor that he saved, for the pardon application, can be read on the pardon paper transcription page.

Cleveland Daily Leader, 09 Nov 1865 Thur

Sioux City Journal, 25 Nov 1865, Sat

 

On NOVEMBER 28, 1865, Richard's Pardon Application was submitted. Click here to read transcription of pardon papers.

Daily Missouri Republican - St. Louis, Missouri, November 28, 1865 (I double checked the date as the State Historical Society of Missouri has this newspaper listed as 1865 and the first page of the issue is clearly 1865.) This is confusing because the actual dates of the letters of pardon below are after this newspaper article. It would seem Captain Ehlert, the St. Louis jailor, really fought for Richard's release, initiating the application in November and then the gathering of supporting letters to follow.

 

July 3, 1866, J.L. Musick, the deputy jailor whom Richard Marshall did save his life, writes a letter requesting pardon (see pardon papers)

 

July 26, 1866, Francis Rodney writes a letter to Messrs. Voullaire & Jordan (who?) of the documents he has on file. (on file where?) See pardon papers.

 

August 2, 1866, Philip H. Bishop, jailor, writes letter requesting pardon. (See pardon papers.)

 

August 23, 1866, Wilson Primm writes letter to Seymour Voullair Esq. requesting pardon. (See pardon papers) Wilson Primm was a Judge in St. Louis, having known Richard Marshall from birth. Judge Primm lived 1810 - 1890. In this book, "Seeking St. Louis: Voices from a River City, 1670-2000, it gives his death as 1878. The book gives the many respectable positions held by Judge Primm. It also states, "Primm had a passionate interest in researching, recording, and preserving history in the region." This is evident by the history of Richard Marshall given in his letter. I am thankful for the information about his birth and younger years provided in his letter. I would like to look further at Primm's other writings to learn more about the history of Richard Marshall and his ancestors.

 

Daily Missouri Republican - Saint_Louis, Missouri, November 18, 1866

Note that Richard is transferred to the Missouri State Penitentiary in Jefferson City. There seems to be some sarcasticness to the statement "after a brief consideration of three years" as if the Supreme Court delayed the decision. This information is incorrect. He was found guilty in 1865 and this is 1866.

I have highlighted Sixth Street and Chestnut Street on today's map, which is in front of the Old Courthouse, which is front of the Arch.

The Missouri State Penitentiary record (also here) gives a description of Richard. He is 5 feet, 7 inches tall. He is 47 years old (approxate age born 1819). His foot is 10 1/2 inches long. He has black hair and black eyes. He has a dark complexion. His occupation is laborer. Only two teeth left in his mouth, mole over left side of neck, large scar on the calf of right leg, small scar over inside of left leg, large spot over left side near small of the back.

[Note: Locate the penitentiary in Jefferson City.]

 

March 14, 1867, George Reynolds writes a letter to Richard Marshall which is in the pardon packet. [Note, find out more about George]

 

On July 20, 1867, Richard Marshall was pardoned.

 

Richard Marshall was killed by William Smith Jackson in early August, 1867. FindaGrave The "early August" is from the history in the Sullivan book as seen below. Therefore, he would have died August 1 - August 6 because Smith Jackson's trial was the 7th. It is more likely he died some weeks prior, possibly upon his returning home after he was pardoned on the 20th of July, because it takes time to go through the arrest, arraignment, secure attorneys, and take depositions before a court trial. [Note, find court case in Crawford County. Was it a bench trial without a jury? Who was the prosecuting attorney on Richard's behalf?]

 

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. (For convenience, only the pertinent pages are here.) 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 depositions held rather than witnesses at trial? 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. {note to self, go through and find relationships of witnesses}

 

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.

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" (or partially here) 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.

This image is from the same website by Mr. Wilson. I would like to find an original source for this image which he indicates is adapted from an engraving by Frederic Remington called "A Fight in the Street" (1888). It was not so much a fight, but a blind-sided cold blooded murder of Richard Marshall. 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."

 

Just now in 2018 entering in the investigation of these two men, Richard Marshall and Smith Jackson, I am finding the families both hope for and generally believe their ancestor to be the person of good character and the other not so much. For instance, the statement that "everyone was probably very glad to be rid of Richard Marshall" is offensive to me. I see only signs of a good character in Richard except from the Jacksons and the Bakers. A prominent St. Louis Judge Wilson Primm writes of his good character in his younger years. The jailor and the deputy jailor write about his good character while in jail. It is unlikely someone of bad character could marry three wives, his first being of a prominent Mr. Lemay in St. Louis and his second of the well-known good Boyers of Old Mines. I really do not believe their fathers would have agreed to such a marriage if Richard were not of good character. His third wife became pregnant after the murder and jail time, which indicated that she believed in him and was still in love with him. Being part of the Jackson family, she was probably in an awkward position knowing the truth from the lies. Even the witness testimonies indicate that Richard Marshall and David Baker were not arguing, but there is an indication that David N. Baker had troubles with his Dad. It all smells like a family cover-up to me, but then again, I am partial to Richard Marshall, being his descendant. If I had spent all those years in jail because of false implications to cover-up and protect family, I would also be angry, making it understandable why those who created the falsities would fear for their life. I also consider that Richard Marshall was 1/4 Cahokia Native American and during this period in time, Native Americans may not have been accepted by society. In addition, Richard Marshall was an outsider from the St. Louis area and the Bakers and Jackson were pioneer settlers of the Rock Springs and Sullivan area.

 

 

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.

 


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