Capital journal. (Salem, Or.) 1919-1980, 1922-01-24

Will OObA LIS aAA Wv eSsA+t ~ tf'S
animation at $3.50 p. IN. lie Wal
on the stand about ~ hours, al
compared to over day at the first
A trial. MM
4 The jury appeared to be fitally
| interested in his story, an&watch
ed his every move closely. Mrs
Todd also watched him closely
and smile was seen to creep over
her, face as she listened to his re-
marks. Practically everybody in
the court room agreed tha. Todd
made his own best witness, in
spite OF his nervous condition dur
ing the morning session.
Spurns Responsibility.
Todd told the jury he was not
conscious of the fact that the 100
or more victims Of Carlos L.
Byron were depending upon him,
and his recommendation of the
master fraud perpetrator. Todd
said he didn't want to be that ego
tistical.
Il can't conceive how a little
man like myself. and a mere su-
perintendent OF schools, could in
fluence businessmen like A. A. Lee
and B. e. Carrier" he said.
Todd contended that these two
men and others older than he, men
of standing and men of judgment
who influenced him, rather than
his influencing them.
Il don't think they took any
advice from me, man much
younger than they are," Todd de-
clared.
Thought Byron Innocent.
The witness said he regarded
the conviction of Byron in the-fed-
eral court lightly and thought
Byron innocent in the eyes Of the
law, so long as his case was on
appeal. This Interpretation of
events he accepted from Byron,
he said, in spite of the legal advice
given him by Walter Winslow,
Salem attorney. Todd said he
thought Byron knew more about
the case than Winslow, so he ac-
cepted Byron's advice.
"He evidently did," interjected
the United States attorney at this
point.
Todd said the great thing up
permost in his mind was to get
this timber land for the contract
holders. Indictments and other
criminal proceedings did not in
terest or bother him much at first,
he declared. Todd also said be be-
lieved Byron, when he told him
that a thirteenth Juror had slip
ped into the jury room and had
influenced the IL men who
brought in the verdict.
Denies He Was Warned.
Even after his suspicious were
aroused, Todd said, he didn't then
take the trouble to inquire Of any
department of the government as
to the stantling of Byron's case.
He still took Byron at his word, he
said, when he told him that the
federal judges at Portland had in
structions to pardon him.
Todd denied that at the outset
of the scheme he had been warn
ed not to use the mails. He said
Byron made this request about De-
cember 5, 1919, or about the time
Todd first heard of the Wasco
county indictments. Up to that
time 80 people had paid in their
money, Todd said, and the mails
had not been used in one instance.
Asked as to how this condition
was possible, Todd said:
"0h, it just happened that UP to
that time no use of the mails was
made"
After Byron was behind the
bar at McNeils island prison Todd
said he still believed in him, be-
cause upon investigation he found
that none of the Seattle victims
had lost cent. 1t is Humphreys
contention that Byron used the
money he obtained from his Sa-
lem victims to pay off his Seattle
victims, and that Byron never
buried the money in secluded
spot in Canada.
Recovered $1,000.
Todd said that when he offered
to return the money to Salemites
provided Byron would go to Can
ada and reveal his cache, Byron
said to him, Those fellows down
there at Salem can't stampede me
that way"
The defendant said he finally
persuaded Byron to give him an
order for $1,000. Todd secured the
money from Mrs, Byron.
The testimony of E. @. Miller
was contradicted by the witness.
He charged Miller with misunder-
standing him. Todd said he took
offense at Miller's remarks to him
and that when he said, you're
not dealing with a crook" he
meant himself and not Byron.
Todd also denied he had writ