William M. Marshall

1881 - 1906  (25 years)

• Name	William M. Marshall
  Born	19 May 1881	Nebraska, United States
  Gender	Male
  Crime	21 Apr 1898	Baker City, Baker, Oregon, United States   [1]
  	manslaughter
  	Role: Accomplice
  Residence	21 Apr 1898	Baker City, Baker, Oregon, United States
  	Role: Witness
  Newspaper Article	9 Mar 1900	Salem, Marion, Oregon, United States
  	Address: Statesman Journal
  	Plea for a Pardon Numerously signed petition presented to the Governor. Urging the release from Prison of a boy serving an eight years’ sentence from Baker County Gov. T.T. Geer yesterday received a petition for the granting of a pardon for William Marshall, a prisoner at the penitentiary, aged 19 years, who is serving an 8 years’ sentence for manslaughter from Baker County. The case is a peculiar one, and many of the leading citizens of Baker County signed the request for executive clemency, among the signers being merchants, physicians, attorneys, newspapermen, miners,ranchers, stockmen, the sheriff, two deputies, sheriff, constables, many G. A.R. men, four of the trial jurors, a member of the legislature and others. The petition has not been taken up for action as yet, and before this is done, the governor will communicate with the district attorney and the trial judge, relative to the matter, and as certain from those officials their view of the case, and the justice of the claims made.The petition contains a very fair statement of facts, regarding the crime, of which the young man stands convicted, and should the statement prove true, in every particular, it is possible that it will receive favorable consideration at the hands of the executive. It is given in full below, show the circumstances of the killing. “On the twenty-first day of April, 1898,two brothers, Oliver Marshall, aged 17 years, came to Baker City each on a load of wood. After disposing of their wood they started home each on his own wagon,their home being situated, about 11 miles from Baker City. When within about one mile of their home their further progress was stopped by two teams of wood haulers standing side by side in the road. One of which wagons was that of one James Reed who was standing in the road beside his wagon and engaged in conversation with some person sitting on the other wagon. The two Marshall boys waited in the road for the said Reed and the other man to drive on so that they, the Marshall boys, could proceed. The Marshall boys got off their wagon sand walked up behind the two wagons that obstructed the road, The time of day was after sundown and about dark. Oliver Marshall, the eldest of the two brothers, was listening to some remarks Reed was making, spoke up to the said James Reed and said to him, “What was that you said about my wife?” Some angry words passed between the two men when James Reed rushed up to Oliver Marshall seized him and crushed him to the ground, exclaiming. “I’ll kill you, you -----.”William Marshall the boy then but 17 years old, learning that his brother’s life was in danger, called out to Reed to desist, and picked up a stick lying in the road near by, and Reed, who had a rock in his hand and was holding Oliver Marshall on the ground, partially raised up and hurled the rock at William Marshall as he was approaching. William Marshall then struck Reed over the head with the stick. The blow release, Oliver Marshall who Reed held by the throat at the time the blow was struck. Reed was assisted onto his wagon and he then drove home from the scene of the affray. Reed died about three days later from contusion of the brain. Oliver Marshall had formerly been an inmate of the asylum of the state of Oregon, and had never fully recovered from his dementia. He was a weekly person, in ill health only weighing 115 pounds,and was a giant in strength. William Marshall, above named, was but 17 years of age, small in stature and weighed about 125 pounds at the time of time. He interfere din the affray between Reed and his brother under the well grounded belief that his brother’s life was in danger at the hands of Reed. The defendant, William Marshall sought to introduce these facts upon trial, but was prevented from interposing such defense by the subdivision one (1) of section 1730, page 695 of Hill’s Code of Oregon, which does not included the right of a brother to protect the life of a brother when in danger, and which abridged the common law to that extent. The trial resulted in the conviction of both the Marshall boys for manslaughter, being had on the 10th of July , 1898.Oliver Marshall being sentenced to 10 years, and William Marshall for a period of 8 years. Oliver Marshall, after serving a portion of the term in the penitentiary, was again adjudge insane and transferred to the Oregon insane asylum, where he now remains. William Marshall is still in the Oregon penitentiary. “Your petitioners therefore respectfully submit that under these fact, particularly considering the physical and mental condition of the older brother, and the extreme youth of the boy William Marshall, and that the fact  that he interfered i n the affray for the purpose of protecting a weak demented brother, from what appeared to him a dangerous adversary, therefore the result of this transaction so far as the boy William Marshall is concerned is rather that of a misfortune.Therefore we respectfully ask that you interpose executive clemency and grant a pardon for the said William Marshall.
  _AMTID	372223155609:1030:171372097
  _UID	E5C3D4C454564DDC8661A7A1F176E97B0D02
  Died	30 Jul 1906	Baker City, Baker, Oregon, United States
  Person ID	I7636	My Genealogy
  Last Modified	12 Jul 2017

  
  

  Father	Joseph M. Marshall,   b. Jan 1850, Illinois, United States ,   d. Yes, date unknown
  Mother	Harriett Sipp,   b. 14 Feb 1853, Pennsylvania, United States ,   d. 16 Dec 1944, Baker City, Baker, Oregon, United States  (Age 91 years)
  Married	5 Nov 1871	Nemaha, Kansas, United States
  Census	22 Jun 1880	White Cloud, Doniphan, Kansas, United States
  Family ID	F2450	Group Sheet  |  Family Chart

  
  

• Event Map		Born - 19 May 1881 - Nebraska, United States Crime - manslaughter - 21 Apr 1898 - Baker City, Baker, Oregon, United States Residence - 21 Apr 1898 - Baker City, Baker, Oregon, United States Newspaper Article - Address: Statesman Journal - 9 Mar 1900 - Salem, Marion, Oregon, United States Died - 30 Jul 1906 - Baker City, Baker, Oregon, United States  = Link to Google Earth
  Pin Legend	: Address       : Location       : City/Town       : County/Shire       : State/Province       : Country       : Not Set

  
  

• Sources

  [S260] Family Tree - Ancestry.com - BlessLiberty13(1) Family Tree, Oliver W Marshall. Citation Information Detail"Plea For A Bargain" Oliver and William Marshall, 9 Mar 1900, p5 Source Information Title Statesman Journal, Salem, Oregon (online archive) Note Statesman Journal. Oregon, Salem. Online Images. www.newspapers.com.Repository Information No repository specified for this source