Sounds very interesting ..... Local historian says book should be helpful in genealogy Schmidt publishes book on Civil War justice By TERESA RESSEL/Daily Journal Staff Writer/Friday, November 5, 2010. Local Civil War historian, Bob Schmidt, has published another book — this one on Civil War era justice. “Civil War Justice in Southeast Missouri,” is available at libraries in Farmington, Park Hills, Desloge, Bonne Terre, Ironton and Mineral Area College. The book is available through Schmidt for $25. For more information, call him at 573-358-7946 or visit http://www.camppope.com The cases Schmidt included in his book involve Samuel V. McFarland, John B. and Missouri Coffman and Addison Cunningham of St. Francois County; John F. Abshire and Joseph Jokerst of Ste. Genevieve County and James Shields of Washington County. “Each has its own victim but not always a conviction,” Schmidt said. “The research is intriguing nonetheless.” The book was inspired by some of his earlier works and a few new discoveries. The book has a series of seven essays devoted to attempts in bringing accused parties to justice during “a civil war that often did not accommodate this right.” The alleged criminal acts range from simple assault and drinking while on duty to aiding and abetting the enemy and murder. He said during the Civil War there were three methods of prosecution: Local circuit courts; Military Courts Martial; and Military Commissions. “While St. Francois County’s legal machinery continued to operate during the War, cases that came before the Court were mostly not serious in nature, according to the Circuit Court Index for the war years,” he said. “By contrast, substantial numbers of other counties to our south could not perform even routine local government functions, let alone convene grand juries or hold court.” He said whether the circuit court could be convened or not, more serious crimes such as murder were almost universally not heard. “Such was the case of the murder of the civilian, Samuel V. McFarland south of Farmington,” he said. “The (alleged) shooter was William Nash, formerly of the 6th Missouri Infantry. “At the time of the killing, he was in Co. H 68th Enrolled Missouri Militia. Though a weak attempt was made to charge him in the Circuit Court, he could not be located. Furthermore his military status was not under the courts martial umbrella.” Schmidt said the murder has baffled those familiar with it as the shooter was never fully identified. He said an accidental discovery in another soldier’s records some months ago helped identify Nash. The Courts Martial was reserved for Union soldiers and officers charged with various offenses of a military nature and some acts against citizenry such as stealing, pillaging, destruction of property and murder. These courts were normally conducted at a military post. In one case, Union cavalryman Private John W. Terry was charged with the murder of Private Joseph Jokerst at the Planter’s House Hotel in Cape Girardeau. In another case, Private James Shields was charged and convicted of intoxication while on duty in the Provost Marshal Department. Military Commissions, which Schmidt found fascinating, were reserved for citizens and insurgents charged with offenses against the United States government. The commissions were conducted by a board consisting of Union officers, most of whom also served on Courts Martial during their detached duty for these assignments. Offenses included using disloyal or treasonable language, violating an oath of allegiance, harboring rebel enemies, and aiding and abetting the enemy. The charges against the Coffmans of Flat River were for aiding and abetting the guerrilla, Sam Hildebrand and his gang. “It was alleged that the Coffmans piloted the gang in such a way so as to avoid Federal troops, then in the area,” Schmidt said. “Testimony gathered in their cases indicated a certain amount of trickery on the part of the Federal soldiers who arrested the Coffmans and led to the dismissal of their charges.” The killing of militiaman, Addison Cunningham south of Farmington also involved Sam Hildebrand and his gang. “Though the gang was never convicted of this crime, a Chestnut Ridge man, William B. Jones, was arrested and charged as an accessory.” he said. “It was contended that he informed the guerrillas as to where they could find the Cunningham home.” Jones was held in the Gratiot Street Military Prison in St. Louis from January to Sept. 29, 1863 but he was never tried. Commissions were also convened to hear the testimony of certain Rebel soldiers classified as guerrillas, bushwhackers, insurgents and rebel enemies. Some of these cases constitute the ‘gray area’ for wartime judicial conduct as a captured Rebel soldier in uniform was commonly held as a prisoner of war to be paroled or possibly exchanged. An exception to this code was Cpl. John F. Abshire who was charged with killing a Wayne County civilian. “Besides the method in which he was tried, Abshire’s case has several other ironies; foremost being the fact that he was hanged in St. Louis in spite of having his sentence commuted by President Lincoln,” Schmidt said. “Also in his saga was a failed escape attempt from prison making this tale worthy of serious study.” He said this book should also be helpful in genealogy, especially for the mentioned families. From diaries, letters and military reports, Schmidt has also included much detail on what life was like in the Myrtle Street and Gratiot Street prisons in St. Louis. Schmidt of French Village has written several Civil War related books which are also available at libraries and for purchase. After writing a book, Schmidt is often asked, “Which of these persons are you related to?” The answer is always “none.” “I just like the research, discovery and interpretation,” he said.