Daily capital journal. (Salem, Oregon) 1903-1919, 1913-07-30
WAS TODD INNOCENT
OF CRIME FOR WHICH
He SERVED 35 YEARS?
Many Believe Alleged High
wayman Never Robbed
Stage Coach.
HIS MISTAKE IN PRISON
Knocked Sheriff on Head When He
Boosted Of Capture, and Sheriff
Helped Keep Him In.
HIS MISTAKE IN PRISON


announced the death in the federal
prison at LeayenwOrth, Kansas, of
James R. Todd, federal prisoner sent
up for life for rObbing the United
States mail while armed,
Todd's case was peculiar one, and
while he was convicted nearly 80 years
ago, he has during that entire time,
whenever the matter came up, assert.
ed his entire innocence. Not only has
he done so, but in all that time he has
stuck to the same story in spite of all
cross questioning, and has never varied
in telling it. This alone is quite
strong evidence that he was telling
the truth. The offense for which he
served S5 years in prison was com.
mitted in Douglas county, it consist
ing of holding up stage and robbing
the mail as well as the passengers. The
Offense being against the federal laws,
he was tried in Portland. The evi.
dence was all circumstantial, and was
certainly not very strong. About all
there was to it being, that when he
was arrested there was found on him
a sum of money about equal to that
taken by the rObber, and the further
fact that a 500 gold piece, found on
him, was identified by Chinaman as
one taken from him by the rObber.
Evidence Rather Flimsy.
Todd was found guilty on this rath,
er flimsy evidence, ard was sent to
the penitentiary here in Salem for
life, Uncle George Downing was su.
perintendent of the prison at the time,
and when Mr., Gilbert became superin-
tendent IN 1895, Frank Meredith was
made clerk. Hugh Thompson, clerk
under Downing, called Meredith s at.
tentiOn to Todd S case and told Mede.
dith that he believed Todd was inno-
cent and to try to do something for
him.
Meredith wrote to Congressman Nc
Crary, of Kentucky, for Todd, who it
seems was well connected there and an
investigation was started. In this,
Hogan, the man who was sheriff and
who arrested Todd, was questioned,
and he pronounced Todd very bad
man, and said that he would be afraid
of his life If Todd was turned loose.
1t seems that before this some time
Hogan had made visit to the prison
and had made statements that Todd
was a very bad man and boasting of
his own work in arresting him. He
was in the lower corridor Of the pri.
son while this conversation was going
on, and Todd overheard him. Todd, as
has been intimated was a Kentuckian
and perhaps somewhat Of fire.eater
and Hogan S statements, which he said
were false, made him mad He filled
quart bottle he had in his cell with
water, and when little later Hogan
came with the warden along the cor.
ridor, Todd reached out through the
gratings of his cell and whacked him
over the head The result of this was
that Todd was presented with an Ore.
gon boot, which he wore for years af.
ter, and until he left the prison,
Cause of Conviction.
Todd told Meredith that the idea of
keeping his business to himself was
the cause of his conviction, and that
if he had not done this he would not
have had any difficulty in establish.
ing his innocence.
He said that while working for sew.
eral years around Roseburg he had ac.
cumulated about $500, but that no
one knew this, and that he made up his
mind to go down into Josephine coun.
ty or the mines in Southern Oregon
and try his luck there. About the
time he started the stage was robbed
near Roseburg, and he was arrested
in that city. His own money, about
$500, was found on him, and as that
tailed pretty closely with the amount
taken from the mails and the passen.
gers he was held and taken to Port
land for trial. He was convicted, as
he said. on the evidence of his own
money and that of a Chinaman who
identified a 500 gold piece that had
no special marks on it, but that "look.
--------------------- ---------------------=--