1860-1869

Disposition of prisoners between 1836 and 1868

Between 1836 and 1868, 4,495 men had entered the Missouri State Penitentiary. Below is a table containing the number of convicts received and discharged from the Missouri State Penitentiary from the opening of the institution in 1836 to December 6, 1868.

YEARS NUMBER PARDONS EXPIRED
SENTENCE
ESCAPED DIED MILITARY
AUTHORITY
TOTAL NO. REMAINING AT
END OF YEAR
1836 18 1 0 1 0 0 1 17
1837 27 8 0 1 0 0 9 35
1838 31 13 0 0 0 0 13 53
1839 27 13 0 0 2 0 15 65
1840 38 20 6 4 2 0 32 71
1841 57 4 13 5 2 0 24 104
1842 67 9 16 5 4 0 42 129
1843 77 14 18 17 3 0 52 154
1844 64 9 16 5 4 0 34 184
1845 49 25 30 2 5 3 65 168
1846 37 12 48 5 0 0 65 140
1847 42 16 32 2 3 0 53 129
1848 42 5 34 0 2 0 41 130
1849 56 10 31 1 4 1 47 139
1850 95 12 19 0 5 0 36 198
1851 75 19 12 0 9 2 42 231
1852 96 25 42 1 4 0 72 255
1853 64 39 37 7 7 0 90 229
1854 108 27 55 16 4 0 102 235
1855 117 40 51 6 11 0 108 244
1856 133 42 54 19 3 0 118 259
1857-58 340 72 106 19 14 0 211 388
1859-60 480 174 149 13 8 0 344 524
1861-62 296 87 226 49 15 0 377 443
1863-64 308 161 171 25 10 0 367 384
1865-66 1005 240 112 21 8 411 792 597
1867-68 746 435 124 10 17 22 608 735
TOTALS 4495 1532 1406 235 148 439 3760  

Prison fills up despite release of prisoners of war

Even with the release of 157 prisoners confined to the penitentiary by sentence of military courts, the penitentiary was rapidly filling up. In correspondence penned that previous April, Warden Swift had asked that the prison inspectors consider building more cells at once.

"Civil law will soon again be in force," he wrote, "and many will be convicted of bushwhacking and murder. We may reasonably calculate an increase of convicts and wisdom admonishes us to make necessary preparations to receive them."

Swift was absolutely correct. The convict population mushroomed from 357 to 622 in only a few months, while the number of cells stood at 356. The cells measured only a scant 4 feet by 7, and were intended for only one man. One 40-cell building had just been torn down on account of being unsafe. On July 12, Governor Thomas Fletcher returned his recommendation to the warden, H.A. Swift: Build more cells. Warden Swift assured the Governor that labor and materials would be free except for the iron work needed. Swift immediately traveled to the eastern states to examine the prisons there and came back with ideas that resulted in the design and construction of A-Hall.



Contract system

Once again, however, the legislature was reluctant to spend money on the prison, and by the year 1861 decided to try the lease system again. This time, things would be different: the warden would remain to keep order and see that convicts were treated fairly and given proper provisions. Unfortunately, no lease agreement could be made, so a new system evolved. Called the contract system, it allowed private business interests to "rent" the services of an inmate for 35 cents per day.

Warden Philip Miller made his biennial report to the General Assembly on December 5, 1864. He recommended that the walls be extended to the railroad tracks which bordered the river.

The convicts did not fare much better under the contract system and they resented the businessmen who became rich off their labor. Another prison revolt occurred one afternoon as some 30 convicts whose labor was being rented, were filing from the prison en route to their jobs outside the walls. At a signal, the men made a rush for the gate and succeeded in breaching it. The guards promptly met them head-on with a volley of gunfire from their muskets, and four of the convicts fell wounded. The others continued to advance, however, and the guards drew their pistols, using them as clubs to beat back the wave. Two of the nine prisoners who made it all the way to the river were shot and sank into the muddy water of the Missouri River. Seven of the desperate men continued to flee for their lives, yelling "Death before prison!"


Poor living conditions persist

Up until 1864, a common privy served the needs of all the prison inmates, and the warden hoped water closets could be installed in all the shops and in the hospital. One motive for this consideration rested on the theory that fewer convicts would use the pretense if visiting the privy to leave their work.

Other problems at this time included the number of books in the prison library, providing for the care of mentally ill convicts, and establishing some basic education for the many illiterate inmates.

The conditions of the prison during the war years suffered because of scant funds and unstable affairs within the state. The need for more space and additional cells continued as a primary concern of the warden and inspectors. The block of cells known as the "old cells," the last original building within the walls, was demolished in 1864 and further increased the need for new cell construction.

In January 1865, Governor Thomas Fletcher appointed Horace Swift as the new warden of the penitentiary. Warden Swift received a number of praiseworthy endorsements for his new position. One referred to him as "... a gentleman, a patriot and ... a man of industry and capacity for business he identified himself with our great freedom loving party in its earliest day ..."

Upon assuming the job, Warden Swift reviewed the method of leasing the prisoners to a contractor for daily wages. He felt that this provided a good income for the state, and as the lease of John How expired on January 15, 1866, Swift entered into a number of new contracts that commenced on the expiration of How's lease. The lessees operated various small industries in and around Jefferson City. The contract lease system continued until 1873 when the state reinstituted its old method of leasing the entire institution to one lessee.

Much opposition resounded from the townspeople to the idea of allowing the prisoners to work at various trades outside the gates of the prison. Most of these cries of discontent stemmed from persons engaged in the work that the convicts did at a minimum wage. Others felt a fear for their safety with condemned men parading up and down the streets. Still fewer voiced compassion in reference to the fairness of forced labor and the inhumanity that could easily result. The Missouri State Times published an article March 4, 1865 entitled, "Convict Labor", in which the author stated:

Warden Horace Swift.

"Those who control and work the inmates ... ought to have no interest in over-working them, or have any personal inducement to disregard their well being. ... in this money-loving age, the probabilities are in favor of the interests of the lessees."


Camp Lillie scene: HQ of General Fremont's troops. October 1, 1861, from Harper's Weekly. The camp was named for Fremont's eldest daughter Lillie Benton Fremont.

Civil War Splits the State

The Civil War took an especially hard toll on the citizens of Missouri. It pitted neighbor against neighbor, and sometimes even families were torn apart by differing loyalties. Northern sympathizers joined the various Missouri militia groups, while Confederate loyalists fled their farms and homes, and sometimes joined roving bands of like-minded guerrilla fighters dedicated to preserving slave ownership.

During the war many farmers and landowners lost everything they owned. Soldiers marching through the state stole their livestock, robbed their homes and sometimes torched them. Jefferson City narrowly escaped being burned to the ground. An editorial in the Jefferson City State Times (July 1865) decried the lack of organization in bringing these "war criminals" to justice:

A fort was located in Jefferson City, on the promontory called Minor's Hill, overlooking the Missouri River and adjacent to the penitentiary. There, earthen fortifications shielded cannon that were directed at key points of entry into the city: the Missouri River, the railroad, and the road leading east toward St. Louis. Thousands of soldiers under General John C. Fremont were encamped here, and officers requisitioned wagons from farms and homes throughout the area to gather and transport food for the soldiers. The penitentiary shops were used to manufacture equipment for the troops.

... murders have been committed, houses plundered, outrages have been perpetrated by men, against whom it is impossible to establish a charge of crime. Witnesses have died or moved to other states, others, being rebel sympathizers will not swear to anything which will establish the guilt of a rebel.

Engraving of Gen. Nathaniel Lyon leading a charge at the Battle of Wilson's Creek, August 10, 1861, by H.B. Hall from a drawing by F.O.C. Darley. Lyon was killed at Wilson's Creek.

Release loyal (Union) prisoners of war from MSP

In December of that same year, Warden Swift received orders to release the 157 prisoners confined to the penitentiary by sentence of military courts. These "loyal" (meaning pro-Union) military prisoners were to be furnished transportation back to their homes, and many headed straight from the penitentiary to the station to hop the first train out of the city.

Missouri's pro-Union citizenry had long desired these men be freed, and a resolution passed by the legislature asked that the Government grant their request.

The Jefferson City State Times (December 15, 1865) applauded the move and, in its story, couldn't resist a bit of editorializing to make perfectly clear which side of the conflict it had supported all along:

It is gratifying to know that the prison door which long ago opened to rebels, is no longer closed upon loyal soldiers, and that bad soldiers are to have at least as good an opportunity as rebels to redeem themselves by good conduct as citizens.

John Reno

Reno Gang Executes Historic Crime

Postwar chaos was the perfect backdrop for the activities of some siblings about to perpetrate a historic crime. The Reno family moved their six children from Kentucky to Rockford, Indiana, before the Civil War. They settled on what was considered in those days to be a large farm. The wild brothers—John, Simoen, Frank and William—were involved in a series of incidents, including several arsons, around Rockford and Seymour, a neighboring town. The family relocated just outside St. Louis, on the Missouri side of the Mississippi. When the war started, all four of the unruly brothers joined the Union Army. Only one would remain in the army long enough to be honorably discharged. The others continued their lawless behavior and, by the end of the war, all four had organized a dangerous gang of outlaws whose territory included Missouri.

On the evening of October 6, 1866, three of the four brothers boarded an Ohio and Mississippi Railway train near Seymour. They entered an express car, assaulted a railroad employee and then forced open a safe containing $16,000. A larger, more secure safe was thrown from the train. The fourth brother and other gang members attempted to open it with no success. Evidently, there was an eyewitness to this historic first train robbery, for a posse was soon formed that gave chase. The gang fled southwest to Missouri, a haven for outlaws. Soon after eluding their pursuers, the Reno Gang robbed the Daviess County Treasurer's Office in Gallatin. They got away with $22,000, a huge sum of money at the time, and fled back to Indiana. Because of their previous criminal escapades, the nation's premier detective operation, the Pinkerton Agency, was also in hot pursuit.

John Reno had been recognized by an eyewitness to the Gallatin robbery and soon he was apprehended by Indiana authorities. Secretly transported to the Missouri line, he was taken into custody by the Daviess County sheriff. Tried and convicted of the treasurer's office heist, John Reno was given a sentence of 25 years in Missouri's penitentiary. While he was safely behind bars, the remaining brothers and gang members continued a string of murders and robberies that lasted for months until the Renos were caught and lynched by Indiana vigilantes.

In 1955, Randolph Scott portrayed the agent with the white hat in the movie "Rage At Dawn." Scott brings the Reno Gang to justice in this western classic. Forrest Tucker played John Reno, the gang leader. Scott falls in love with the gang's sister and the movie illustrates legal loopholes and political bribery. The true events, some of which took place behind the walls of MSP, were not far removed from the movie's script.

The saga of John Reno doesn't end there. Governor B. Gratz Brown commuted Reno's sentence in 1873, on the last day of his term of office. The circumstances surrounding the commutation invite speculation. The governor had asked the secretary of state to countersign and affix a seal on a blank pardon that the governor had already signed. His explanation for the unusual request was that he had not made up his mind whether he would use it or not. He did use it and an official document shows that on January 8, 1873, his last day in office, he commuted John Reno's sentence from 25 years to ten. The commutation entry in prison records, however, was subsequently erased and, even later, torn from the record book.

Reno's pardon.

Further intrigue is ignited by court documents that follow a dispute over $4400 that was deposited in an account for the incarcerated John Reno. The Adams Express Company was trying to claim the money as recovery from a robbery, but Clinton Reno, John's less infamous brother, claimed the money was his and should be returned to him. Clinton maintained that Sheriff Ballinger of Daviess County had offered to use what influence he and the Daviess County court had to procure a pardon from the governor for John if Clinton would pay $5000 toward reimbursing the county for the stolen funds. Clinton could only raise $4400, which he sent by his sister, Laura Reno, with instructions to give it to no one but Ballinger. Laura didn't find Ballinger, but was persuaded by Warden David W. Wilson to leave the money with him. Wilson gave her a receipt and deposited the money in the Jefferson City Savings Association for John Reno's use. In a long and convoluted opinion, the Missouri Supreme Court upheld a Cole County Circuit Court decision that Adams Express Company could not claim the funds.

Prison records show that John Reno, age 29, five feet and five inches tall, dark auburn brown hair, gray eyes, and fair of complexion, was ordered discharged from MSP by the Missouri Supreme Court on February 18, 1878, after serving a sentence of about ten years. He was turned over to an Indiana agent and served a short sentence in that state. In the prison records, the world's first train robber had listed his occupation as farmer.

Document dated January 10, 1866.

Early document shows transfers of prisoners

The document at the left, dated January 10, 1866, shows the transfer of prisoners from the county court to the penitentiary. It reads as follows:

Received of Patterson Shereand Marshal of Kansas City Missouri the bodies of William Moseley William Madden and William Smith convicted at the December term (1865) of the Kansas City Criminal Court and each sentenced to imprisonment in the Missouri Penitentiary for a term of years.

Signed by W.A. Swift, Warden by S Wilcox, Clk Marshal 2 days at 1.75 3.50 3 guards 2 days " at 1.50 9.00 3 prisoners 2 " at 1.50 9.00 158 miles, ew, 4 (not legible) 101.12 $122.62

Loyal owners of slaves offered reparations

During the years that the Civil War wound down, advertisements for war claims began appearing in newspapers throughout the state. The government would pay for horses lost in battle, back wages and bounties to returning soldiers and families of men who had died in battle.

In 1867, a payment was offered to "loyal owners of slaves" who had enlisted and fought on the Union side. A commission was set up in Jefferson City to examine such claims. Also, Congress granted an additional $100 bounty to the $100 already offered to widows, children and parents of those who died in service to their country. Many Missouri families had lost nearly everything they owned and were little more than refugees.

Prison population expands

By 1868, the population of convicts had grown to 735. Many of them worked outside the walls, and once again, escapes were a common occurrence. One convict escaped and stole a citizen's horse to make his getaway. Others terrorized the citizenry. Townspeople armed themselves to the teeth in order to protect their families. In 1869 a spectacular and terrifying story made the headlines; an underground passage was discovered reaching nearly under the wall. It had been detected just in time. The townspeople shuddered at the lurid prospect of 700 loose convicts robbing and ravishing at will. Public outcry demanded that something be done about the prison.

Plea for release of Civil War prisoners

The letter reads: State Penitentiary, Jefferson City, Mo June 5, 1869 Hon Wm. E. Robinson Member of Congress Brooklyn, N.Y. Hon Sir, Your communication of the 1st just has been duly received. It is impossible to describe much more impress the entire satisfaction its weight has produced. In reply to your query whether I heard any news I would state that Capt. Wm. Enries of Gen. Schofield's Staff has assisted at this just iteration ostensibly to make a report of such Military Prisoners as are confined here, in regard to their condition and time of imprisonment but really it is supposed with a view of releasing such prisoners whose conduct has been meritorious and transferring the remainder to such a place as the Sec of War may designate. I am inclined to think that the present administration (end of page 1) will act mercifully in the cases of Military Prisoners in general it is to be deplored that sufficient lieniency is not intended to act committed principally from the impulse of righteous anger, aggrivated by a series of circumstances over which the unfortunate victims has no control and which in a manner of speaking has been the result of the late war, and contingent from its acts. To you alone and the exercise of your high influence in any case, is to be ascribed the recent visit of Capt. Enries, the result of which remains to be seen, but all the Mil. Prisoners as well as myself pray and hope that it will terminate successfully. Sending you the prayers and blessings of the poor soldiers confined at this place as well as my own everlasting thanks and gratitude. I am, Sir Very Respectfully Your Obt. Svt John Lord

A letter written by John Lord to William E. Robinson, Member of Congress regarding the release of military prisoners from the Civil War held at MSP.

RATIONS FOR CONVICTS

SUNDAY Breakfast—Meat hash, brown bread and coffee.
Dinner—Baked potatoes and roast beef, white bread and coffee.
MONDAY Breakfast—Boiled beef, brown bread and coffee.
Dinner—Beef, turnips, and brown bread.
Supper—Corn bread, molasses and coffee.
TUESDAY Breakfast—Meat hash, corn bread and coffee.
Dinner—Boiled beef, beef soup and brown bread.
Supper—Corn bread, mashed potatoes and coffee.
WEDNESDAY Breakfast—Beef stew, brown bread and coffee.
Dinner—Stewed beans, beef and brown bread.
Supper—Brown bread, molasses and coffee.
THURSDAY Breakfast—Potato stew, corn bread and coffee.
Dinner—Turnip stew, beef and corn bread.
Supper—Corn bread, molasses and coffee.
FRIDAY Breakfast—Meat hash, corn bread and coffee.
Dinner—Baked beans, beef and corn bread.
Supper—Corn bread, molasses and coffee.
SATURDAY Breakfast—Beef hash, corn bread and coffee.
Dinner—Beef soup, turnips and brown bread.
Supper—Brown bread, molasses and coffee.