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Dr. Richard Mudd, Grandfather Treated Booth, Dies at 101

May 25, 2002
By RICHARD GOLDSTEIN






Dr. Richard D. Mudd, who waged a campaign for seven decades
seeking to clear his grandfather of complicity in the
assassination of Abraham Lincoln, died on Tuesday at his
home in Saginaw, Mich. He was 101.

"I suppose I'm crazy, but the whole conscience of America
must purge itself of this horrible injustice," Richard Mudd
once said of his crusade on behalf of Dr. Samuel A. Mudd,
the country physician who attended to John Wilkes Booth
hours after he shot Lincoln.

As Richard Mudd saw it, his grandfather was an innocent man
imprisoned by the verdict of an unconstitutional military
proceeding. At the time of his death, Richard Mudd was
still waging his fight, his cause pending in a federal
appeals court.

After shooting Lincoln in his box at Ford's Theater the
night of April 14, 1865, Booth fractured a leg jumping onto
the stage. In the predawn hours the next day, Booth and an
accomplice, David Herold, arrived at the Maryland home of
Samuel Mudd, an acquaintance, who set Booth's broken leg
and allowed him to rest at his home before he set out for
Virginia, where he was shot to death by a Union soldier.

Samuel Mudd was accused of aiding Booth's escape, although
he maintained that Booth came to his house wearing false
whiskers and so he was unaware of his patient's identity,
and that he was not even aware at the time that Lincoln had
been assassinated.

A military commission convicted Dr. Mudd and seven others
of conspiring in the assassination. Four were hanged, but
the doctor was sentenced to life imprisonment and was taken
to Fort Jefferson, an island military prison off Florida.
After serving nearly four years of his term, he was
pardoned by President Andrew Johnson, who cited his help in
battling an outbreak of yellow fever at the penitentiary
and doubts about his guilt. But the conviction was not
expunged. Samuel Mudd died in 1883 at age 49.

While Richard Mudd was growing up in Washington - his
father, Thomas, a doctor, like his grandfather - he came
upon a history of the case put together by his aunt Nettie
and learned that his grandfather had been an infamous
figure.

"My father never mentioned it at all," Richard Mudd related
decades later. "It ruined the family and it left a lot of
bitterness."

Richard Mudd obtained bachelor's, master's, Ph.D. and
medical degrees from Georgetown University in the 1920's.
He was a longtime doctor for General Motors in Michigan and
served as a military doctor.

But all the while Richard Mudd was consumed with clearing
his grandfather's name, maintaining not only that Samuel
Mudd was innocent but that use of a military commission to
try the eight defendants was unconstitutional because the
civil courts were functioning.

He lectured on the Lincoln assassination, received letters
of support from Presidents Jimmy Carter and Ronald Reagan,
obtained resolutions in state legislatures backing his
cause and even orchestrated a bumper-sticker campaign
proclaiming "Free Dr. Mudd."

In 1992, in response to Richard Mudd's plea, the Army Board
for Correction of Military Records recommended that the
military commission's 1865 guilty verdict be set aside on
the grounds that Samuel Mudd should have been tried by a
civilian jury. But the Department of the Army rejected the
recommendation, declaring in part that it was not the
board's role to settle historical disputes. A federal judge
declined to overrule that decision.

The constitutional issue will next go before the United
States Court of Appeals for the District of Columbia, which
has scheduled oral arguments for September. Richard Mudd's
son Thomas said he expected to substitute for his father as
the plaintiff. Philip A. Gagner, a Washington lawyer, is
representing the family.

Samuel Mudd's fate may have contributed to the popularity
of the expression "his name is mud," though the saying most
likely goes back to the "mud press," scandalous newspapers
of pre-Civil War days, said the authors of the Morris
Dictionary of Word and Phrase Origins (Harper & Row, 1988),
William and Mary Morris.

Richard Mudd told USA Today in an interview last year, "I'm
very proud that my name is Mudd." He had even assembled
2,000 pages of a family genealogy.

In addition to his son Thomas, of Saginaw, Richard Mudd is
survived by a son Richard Jr., of San Antonio, and four
daughters, Johanna Vargas, Rose Marie Nickodemus and Stella
Thelen, all of Saginaw, and Mary McHale, of Suitland, Md.;
35 grandchildren and 58 great-grandchildren. His wife,
Rose, died in 1998.

The television journalist Roger Mudd is a member of the
extended family.

Richard Mudd cited a constitutional issue and his belief in
his grandfather's innocence through the years. But as a
third-generation doctor, he also viewed his ancestor's
plight in the light of medical ethics.

As he put it: "I have always felt that my grandfather had
the same right as any doctor to treat a man who comes to
him with a broken leg without being sentenced to life in
jail for it."

http://www.nytimes.com/2002/05/25/obituaries/25MUDD.html?ex=1023353066&ei=1&en=44b0cfbaeff49520



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