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Don’t Talk To Police Or Your Name Might Be Mud

You may have heard the phrase, or even used the phrase, “My name is mud.” Many historians attribute that phrase to dr. Samuel Mudd who was convicted of conspiracy after the assassination of President Abraham Lincoln in 1865. Mudd was saved from the gallows by one vote and was sentenced to life imprisonment. After serving four years in a South Carolina penitentiary, President Johnson pardoned him for Mudd’s help in treating prisoners during a yellow fever epidemic. dr. Mudd spent the rest of his life trying to clear his name, and his descendants have tried through the present, including a 2003 US Supreme Court case, to posthumously remove the stigma from his family.

How was Mudd connected to John Wilkes Booth, Lincoln’s assassin, and the other conspirators? What was his alleged involvement in the conspiracy? dr. Mudd was a local town doctor in Maryland. He met Booth in November 1864 when Booth was looking for real estate in Maryland. Booth visited Mudd’s house and bought a horse from a neighbor. A few weeks later in December, Mudd and Booth met again in Washington, DC where they shared a drink at a local tavern. The two did not see each other again until April 15, 1865, the day after Booth assassinated Lincoln at Ford’s Theater in Washington. Mudd treated Booth for a broken leg he sustained when he jumped off the balcony after shooting Lincoln. Booth left Mudd’s house the next day and the two never met again.

dr. Mudd was questioned by authorities about his association with Booth initially as a witness. Unfortunately, he told authorities he had only met Booth once before when he first met him about real estate. Whether it was on purpose or inadvertently, he didn’t tell them about the second meeting with Booth a few weeks later. Mudd later wrote that the second encounter was a chance encounter while Christmas shopping. Regardless of how the encounter came about or whether it was an intentional omission or not, the fact that Mudd did not notify the police of the encounter caused him to be considered a suspect at the time.

At Mudd’s trial, prosecutors were able to portray Mudd as a liar and argue that he deliberately misled investigators simply by failing to mention the second encounter. The jury found Mudd guilty of conspiracy based on that evidence.

Unless you are the victim of a crime, or are a completely unrelated and innocent bystander, you should always seek the advice of a criminal defense attorney before making ANY statements to the police. As illustrated by the case of dr. Mudd, if you make a statement that is not complete, even if that omission is an innocent mistake, you can be portrayed as untruthful and misleading, and ultimately guilty of a crime.

The best thing to do if you are approached by the police for a statement is to immediately demand that you have a criminal defense attorney present during any questioning. Everything you tell your lawyer is confidential. Furthermore, if you make a statement through your attorney, that statement may not be used against you in any way.

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