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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.
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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
The Sacrifice · Felonious
E. is the only officer of Marion County Constable's Office - Precinct 4 remembered here.
E. is one of 1,461 officers killed feloniously in TX, 60.3% of the 2,422 remembered there.
E. is one of 15,743 officers killed feloniously in the United States, 57.1% of the 27,551 remembered there.
E. is one of 17,631 officers killed feloniously worldwide, 51.7% of the 34,117 remembered here.
34,117 officers are remembered on this memorial. Each number below is one of them.
Time
In 1940, 7 officers in TX were killed feloniously, the 89th heaviest of 180 years on record. The heaviest was 1928, with 19.
In 1940, 91 officers in the United States were killed feloniously, the 62nd heaviest of 213 years on record. The heaviest was 1921, with 248.
In 1940, 226 officers worldwide were killed feloniously, the 8th heaviest of 265 years on record. The heaviest was 1921, with 516.
Who
E. was 43. Of the 1,330 killed feloniously in TX whose age is recorded, half were between 30 and 46; the middle age was 37.
E. was 43. Of the 14,220 killed feloniously in the United States whose age is recorded, half were between 31 and 47; the middle age was 38.
E. was 43. Of the 15,854 killed feloniously worldwide whose age is recorded, half were between 30 and 46; the middle age was 38.
When
February holds 7.6% of these deaths in TX; December holds the most, 10.4%. Saturdays: 16.6%.
February holds 7.4% of these deaths in the United States; December holds the most, 9.4%. Saturdays: 16.3%.
February holds 7.4% of these deaths worldwide; December holds the most, 9.2%. Saturdays: 16.2%.
How
Felonious deaths account for 100% of all 1 deaths at Marion County Constable's Office - Precinct 4. The weapon recorded was handgun, in 100% of these deaths.
Felonious deaths account for 60.3% of all 2,422 deaths in TX, the most common cause. The weapon recorded was handgun, in 22.3% of these deaths.
Felonious deaths account for 57.1% of all 27,551 deaths in the United States, the most common cause. The weapon recorded was handgun, in 23.4% of these deaths.
Felonious deaths account for 51.7% of all 34,117 deaths worldwide, the most common cause. The weapon recorded was handgun, in 20.9% of these deaths.
Where the Name Is Cut
National Law Enforcement Officers Memorial · Panel 33-E
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0 officers from Marion County Constable's Office - Precinct 4 are honored on badge.nw.