Roll of Honor
Incident
E. R. Todd was the Constable of Precinct 4 in Marion County. He lived in a community variously described as Log Cabin, Smithland and Whatleyville east of Jefferson, the county seat.
Clyde Whatley, an oil field worker, agreed to take a married woman to visit one of her sick relatives. Constable E. R. Todd tried to discourage the woman from taking the trip with Whatley. Whatley and the woman knew that her husband was upset by the trip, but they went anyway. Upon their return, Whatley stayed away from the husband.
On Saturday, February 10, 1940, Whatley, armed with a gun, went to the neighborhood store and asked the husband to step outside. Whatley contended he had a friendly conversation with the husband. While they were talking, the constable walked up to where they were. Whatley alleged he acted in self defense because Todd drew his pistol first and Whatley believed Todd was going to kill him. The husband's newspaper account reported that Whatley drew his gun and shot Constable Todd through the sleeve. The next shot hit the constable in the back, and as he fell, the constable tried to draw his own gun. After firing two more shots at the constable, Whatley drove away. The court record shows that Constable Todd had his pistol in a loose scabbard under his shirt. After the shooting the pistol, still in the scabbard, was lying near the constable’s hand.
Constable Todd knew Whatley and the husband and wife, and the constable knew the husband was upset over Whatley taking his wife on a road trip without his permission. The constable had warned the woman not to go. When the constable saw Whatley and the husband together, he had to have concluded that trouble was brewing. Whatley's own testimony was that he stayed away from the husband because he knew he was angry. Whatley took a pistol with him when he went to confront the husband. Whatley alleged self defense, but the court record reports Todd’s pistol was still in his holster when he was killed.
Clyde Whatley was convicted of murder without malice and assessed 5-years in the penitentiary. He appealed over being denied bail and the case was reversed and remanded for a second trial. Whatley agreed to plead guilty and was assessed a 2-year sentence in the penitentiary.
E. R. Todd was born on September 25, 1896 and was 43 years old at the time of his death. He was survived by his wife, Gertrude. He did not have any children. He was buried in the Shiloh Cemetery in Cass County.
Survivors
He was survived by his wife, Gertrude.
In Our Keeping
- Permanent identifier
BO-US-TX-C950D919- Stewardship
- Maintained by NeuraWeb Global Inc.
- Added to badge.nw
- August 2, 2026
- Last updated
- August 2, 2026
Honored here by 1 tribute.
Are you family? This record can be claimed and maintained by those who knew E.. Claim this record.
This page is permanent and free. No fee to view it, no advertising, no tracking, and no account required. It will not be taken down.
Tributes
I never knew you. I am standing here anyway.
Constable Todd served with the Marion County Constable's Office.
Thank you for your service to the Jefferson community. Gone but never to be forgotten.
Rest easy, Constable Todd.
— S. Vincent Anthony, U.S. Army 1985-1993
Agency
Service Record
Incident Details
Constable E. R. Todd is one of 1 officers killed feloniously — deliberately targeted and murdered in the line of duty across the full record of this memorial — 0% of all 97,772 officers honored here.
In TX, 1,461 of 2,422 officers were killed feloniously — deliberately targeted and murdered in the line of duty — 60.3% of this state's fallen. That is 60.3 percentage points above the national rate of 0%.
National Cause Distribution
How Felonious compares to all causes of officer death in the memorial record. E. R. Todd's cause is highlighted.
How E. R. Todd Compares
When Felonious Deaths Occur
Monthly distribution of Felonious deaths across the full memorial record. E. R. Todd is highlighted in Feb.
Weapons Used Against Officers
Most common weapons in felonious officer deaths. E. R. Todd was killed by handgun.
Others Who Wore This Badge
0 officers from Marion County Constable's Office - Precinct 4 are honored on badge.nw.