WEBVTT - The Motion Picture Murder

0:00:01.040 --> 0:00:06.160
<v Speaker 1>You're listening to History on Trial, a production of iHeart Podcasts.

0:00:06.720 --> 0:00:16.400
<v Speaker 1>Listener discretion advised. On May fourth, eighteen eighty a crowd

0:00:16.480 --> 0:00:21.080
<v Speaker 1>gathered at the Art Association on Pine Street in San Francisco.

0:00:22.120 --> 0:00:26.479
<v Speaker 1>They dutifully paid the fifty cent admission fee, filed into

0:00:26.520 --> 0:00:30.960
<v Speaker 1>the gallery room, and took their seats. They had been

0:00:31.080 --> 0:00:35.320
<v Speaker 1>drawn in by a newspaper advertisement that promised a show

0:00:35.520 --> 0:00:40.240
<v Speaker 1>unlike any other, and it was true. The viewers there

0:00:40.320 --> 0:00:45.680
<v Speaker 1>that night were about to witness history being made. At

0:00:45.680 --> 0:00:48.559
<v Speaker 1>the back of the room stood a man with a

0:00:48.720 --> 0:00:55.120
<v Speaker 1>long gray beard. He was Edward Moybridge, the noted photographer.

0:00:56.040 --> 0:01:00.000
<v Speaker 1>People had always said Moybridge seemed older than his actual age,

0:01:00.680 --> 0:01:03.360
<v Speaker 1>though he looked to be in his sixties. Now he

0:01:03.520 --> 0:01:07.480
<v Speaker 1>was only forty nine. Moybridge was bent over a device

0:01:08.200 --> 0:01:12.080
<v Speaker 1>three feet tall and three feet wide, a wood and

0:01:12.360 --> 0:01:17.080
<v Speaker 1>brass and glass contraption of his own invention. Once the

0:01:17.120 --> 0:01:21.960
<v Speaker 1>crowd was settled, Moybridge dimmed the gaslights. He ignited the

0:01:22.000 --> 0:01:26.000
<v Speaker 1>gas jet inside his device, directing the flame towards a

0:01:26.040 --> 0:01:30.360
<v Speaker 1>brick of lime, which generated a bright light. The light

0:01:30.440 --> 0:01:34.920
<v Speaker 1>illuminated a glass disc, projecting its images onto the screen.

0:01:35.360 --> 0:01:40.399
<v Speaker 1>As Moybridge spun the disc, and then the magic happened

0:01:41.280 --> 0:01:44.440
<v Speaker 1>on the screen in front of them. The crowd watched

0:01:44.480 --> 0:01:48.040
<v Speaker 1>in astonishment as the image of a horse appeared and

0:01:48.160 --> 0:01:54.400
<v Speaker 1>then miraculously began to run. For two seconds, the horse

0:01:54.480 --> 0:01:58.760
<v Speaker 1>galloped across the screen, then did it again. It looked,

0:01:59.120 --> 0:02:04.880
<v Speaker 1>said one reporter, like a living moving horse. Nothing was

0:02:04.920 --> 0:02:07.840
<v Speaker 1>wanting but the clatter of the hoofs upon the turf,

0:02:08.280 --> 0:02:11.760
<v Speaker 1>and an occasional breath of steam from the nostrils to

0:02:11.840 --> 0:02:16.040
<v Speaker 1>make the spectator believe that he had before him genuine

0:02:16.080 --> 0:02:20.600
<v Speaker 1>flesh and blood steeds. And the wonder did not end there.

0:02:21.280 --> 0:02:24.880
<v Speaker 1>Moybridge switched the disc and now came a horse leaping

0:02:25.400 --> 0:02:29.800
<v Speaker 1>that a bull charging, a greyhound racing a bird's soaring

0:02:29.880 --> 0:02:35.360
<v Speaker 1>through the air. The audience was astonished. They had just

0:02:35.480 --> 0:02:39.720
<v Speaker 1>seen something that almost no one alive in eighteen eighty

0:02:39.840 --> 0:02:47.200
<v Speaker 1>had ever seen before, real living animals in motion, photographed

0:02:47.480 --> 0:02:52.320
<v Speaker 1>and projected in front of them. People were familiar with zootropes,

0:02:53.000 --> 0:02:56.919
<v Speaker 1>small toys with illustrated or photographic strips that you could spin,

0:02:57.520 --> 0:03:01.320
<v Speaker 1>producing the illusion of motion, and they may have seen

0:03:01.400 --> 0:03:06.040
<v Speaker 1>magic lantern shows in which early projectors cast images onto

0:03:06.080 --> 0:03:10.240
<v Speaker 1>a screen But Edward Moybridge's machine, which he would come

0:03:10.280 --> 0:03:15.519
<v Speaker 1>to call the zoapraxoscope or life action view in Greek,

0:03:16.360 --> 0:03:22.440
<v Speaker 1>was something new. He had done something revolutionary. First, he

0:03:22.480 --> 0:03:26.240
<v Speaker 1>had figured out how to photograph animals in motion, using

0:03:26.280 --> 0:03:30.920
<v Speaker 1>an inventive series of trip wires and fast shutters. You

0:03:31.000 --> 0:03:34.160
<v Speaker 1>might be familiar with some of these photos. The most

0:03:34.200 --> 0:03:36.560
<v Speaker 1>famous is a black and white set of a man

0:03:36.720 --> 0:03:40.560
<v Speaker 1>riding a horse. Then he had worked out how to

0:03:40.600 --> 0:03:44.160
<v Speaker 1>transfer these images to a glass disc and project them

0:03:44.160 --> 0:03:48.400
<v Speaker 1>in sequence, playing back the moment in time he had captured,

0:03:49.000 --> 0:03:53.760
<v Speaker 1>preserving and replicating it. He had set into motion a

0:03:53.880 --> 0:03:59.280
<v Speaker 1>series of inventions and innovations that would lead soon enough

0:03:59.720 --> 0:04:03.880
<v Speaker 1>to the birth of the movie. But our story today

0:04:04.360 --> 0:04:07.480
<v Speaker 1>is not about what happened on that May night in

0:04:07.560 --> 0:04:11.680
<v Speaker 1>eighteen eighty It's about a crime that happened six years earlier,

0:04:12.280 --> 0:04:15.680
<v Speaker 1>in eighteen seventy four, a crime that led to a

0:04:15.760 --> 0:04:20.080
<v Speaker 1>dramatic trial that caught the nation's attention and sparked discussions

0:04:20.120 --> 0:04:23.760
<v Speaker 1>on the role of the law. It's an incredible tale,

0:04:24.360 --> 0:04:29.360
<v Speaker 1>one of love, betrayal, vengeance and justice in the still

0:04:29.480 --> 0:04:33.120
<v Speaker 1>somewhat wild West. And at the heart of it all

0:04:33.440 --> 0:04:37.279
<v Speaker 1>was the man you've just met, because Edward Moybridge was

0:04:37.360 --> 0:04:41.080
<v Speaker 1>not just the father of motion pictures. He was also

0:04:41.920 --> 0:04:47.920
<v Speaker 1>a murderer. Welcome to history on trial. I'm your host,

0:04:48.279 --> 0:04:59.359
<v Speaker 1>Mirah Hayward. This week California v. Edward Moybridge. Edward Moybridge

0:04:59.680 --> 0:05:04.920
<v Speaker 1>was not always Edward Moybridge. Born April ninth, eighteen thirty,

0:05:05.440 --> 0:05:10.760
<v Speaker 1>Moybridge was christened Edward James Muggeridge, the second of four sons.

0:05:11.760 --> 0:05:16.120
<v Speaker 1>Throughout his life, Moybridge changed his name several times. For

0:05:16.200 --> 0:05:20.240
<v Speaker 1>consistency's sake, I'll call him Edward Moybridge throughout, since this

0:05:20.440 --> 0:05:22.359
<v Speaker 1>was a name he was known by. At the time

0:05:22.440 --> 0:05:26.479
<v Speaker 1>of the trial. As a child, friends and family called

0:05:26.560 --> 0:05:31.280
<v Speaker 1>him Ted. A cousin described Ted as an eccentric boy,

0:05:31.680 --> 0:05:36.479
<v Speaker 1>rather mischievous, always doing something or saying something unusual, or

0:05:36.520 --> 0:05:40.679
<v Speaker 1>inventing a new toy or a fresh trick. His family

0:05:40.839 --> 0:05:44.839
<v Speaker 1>was lower middle class, and life in Kingston upon Thames,

0:05:45.279 --> 0:05:48.960
<v Speaker 1>the small town fifteen miles southwest of London where Moybridge

0:05:49.000 --> 0:05:53.919
<v Speaker 1>grew up, did not offer many opportunities. In eighteen fifty,

0:05:54.400 --> 0:05:59.640
<v Speaker 1>age twenty, Moybridge decided to seek his fortune in America.

0:06:00.080 --> 0:06:02.960
<v Speaker 1>He arranged with a London publisher to become their sales

0:06:03.000 --> 0:06:08.160
<v Speaker 1>representative in New York and headed across the Atlantic. In Manhattan,

0:06:08.520 --> 0:06:11.800
<v Speaker 1>Moybridge got his first taste of the photography business after

0:06:11.839 --> 0:06:15.679
<v Speaker 1>befriending a man named Silas Selik, who worked in Matthew

0:06:15.720 --> 0:06:21.240
<v Speaker 1>Brady's photography studio. Selik and Moybridge became close, and when

0:06:21.279 --> 0:06:25.679
<v Speaker 1>Selik decided to move to California, Moybridge eventually followed him,

0:06:26.040 --> 0:06:29.960
<v Speaker 1>heading west in the autumn of eighteen fifty five. On

0:06:30.120 --> 0:06:34.919
<v Speaker 1>arrival in San Francisco, Moybridge subtly changed his name, shortening

0:06:34.960 --> 0:06:38.840
<v Speaker 1>his birth name of Muggridge to Muggridge. Less than a

0:06:38.920 --> 0:06:43.480
<v Speaker 1>year later, he changed it again, this time to Moygridge.

0:06:44.240 --> 0:06:46.520
<v Speaker 1>It was under this name that he applied for U

0:06:46.560 --> 0:06:51.520
<v Speaker 1>s citizenship in November eighteen fifty six. Moybridge did well

0:06:51.560 --> 0:06:54.960
<v Speaker 1>for himself as a publisher in San Francisco. He had

0:06:55.000 --> 0:06:58.320
<v Speaker 1>a knack for knowing what would sell. He joined the

0:06:58.360 --> 0:07:02.039
<v Speaker 1>board of the Mercantile Library, an oasis of culture in

0:07:02.080 --> 0:07:06.760
<v Speaker 1>the rough and tumble town. He made social connections. He prospered,

0:07:07.920 --> 0:07:11.960
<v Speaker 1>but then in early eighteen fifty nine, Moybridge decided to

0:07:12.000 --> 0:07:16.600
<v Speaker 1>return to England. Why exactly he did so is unknown,

0:07:17.080 --> 0:07:19.400
<v Speaker 1>but over the course of the year he sold off

0:07:19.400 --> 0:07:24.280
<v Speaker 1>his remaining inventory and wrapped up his business in San Francisco.

0:07:24.440 --> 0:07:28.920
<v Speaker 1>On July second, eighteen sixty, he boarded the Butterfield Stage

0:07:29.440 --> 0:07:36.000
<v Speaker 1>bound for Saint Louis. Traveling by stagecoach was miserable. The

0:07:36.000 --> 0:07:40.880
<v Speaker 1>Butterfield Overland Mail Company and other companies like it contracted

0:07:40.920 --> 0:07:43.760
<v Speaker 1>with the Post Office to carry mail across the country.

0:07:44.680 --> 0:07:47.920
<v Speaker 1>Passengers could hitch a ride along the way, and the

0:07:48.000 --> 0:07:52.280
<v Speaker 1>price was cheap for a reason. The small horse drawn

0:07:52.320 --> 0:07:55.600
<v Speaker 1>wagons took twenty five days to complete the twenty eight

0:07:55.680 --> 0:08:00.000
<v Speaker 1>hundred mile route, three weeks of bone shaking travel across

0:08:00.320 --> 0:08:04.600
<v Speaker 1>rocky roads, breathing in dust and your fellow passenger's stench.

0:08:05.600 --> 0:08:10.600
<v Speaker 1>The ride was also dangerous. The coaches were attacked by bandits,

0:08:11.280 --> 0:08:17.040
<v Speaker 1>vulnerable to bad weather, accident prone. On July twenty second,

0:08:17.520 --> 0:08:21.560
<v Speaker 1>three weeks into the journey, Moybridge's coach was traveling near

0:08:21.640 --> 0:08:25.640
<v Speaker 1>what is now Fort Worth, Texas, when the horses panicked

0:08:25.920 --> 0:08:29.720
<v Speaker 1>and broke into a wild run. The driver could not

0:08:29.880 --> 0:08:33.560
<v Speaker 1>control the coach and it sped down the road, going

0:08:33.640 --> 0:08:36.640
<v Speaker 1>faster and faster until it hit a stump and sent

0:08:36.760 --> 0:08:42.040
<v Speaker 1>its passengers flying, Edward Moybridge was thrown from the coach

0:08:42.600 --> 0:08:47.000
<v Speaker 1>and landed on his head. He would not regain consciousness

0:08:47.360 --> 0:08:51.760
<v Speaker 1>for nine days. When Moybridge came to, he found that

0:08:51.800 --> 0:08:54.839
<v Speaker 1>both his vision and his hearing had been impacted by

0:08:54.840 --> 0:08:59.840
<v Speaker 1>the accident. After resting for several weeks in Arkansas, Moybridge

0:08:59.840 --> 0:09:03.040
<v Speaker 1>of eventually made his way to New York, where, after

0:09:03.080 --> 0:09:06.760
<v Speaker 1>filing a suit against the Butterfield Stage Company, he boarded

0:09:06.800 --> 0:09:11.480
<v Speaker 1>a ship for England. Upon his return to England, Moybridge

0:09:11.559 --> 0:09:15.200
<v Speaker 1>gave up the publishing business and tried his hand at inventing.

0:09:16.160 --> 0:09:18.480
<v Speaker 1>When he failed to make money from his inventions, he

0:09:18.559 --> 0:09:22.679
<v Speaker 1>turned to business, joining a relative in banking, but his

0:09:22.800 --> 0:09:27.640
<v Speaker 1>time as a banker was a disaster, his investments evaporated.

0:09:28.080 --> 0:09:30.960
<v Speaker 1>The only souvenir that would remain from this time was

0:09:31.000 --> 0:09:37.000
<v Speaker 1>a new name, Edward Moigridge. Ney Muggridge had now become

0:09:37.720 --> 0:09:44.600
<v Speaker 1>Edward Moybridge, But it was not as Edward Moybridge that

0:09:44.720 --> 0:09:49.520
<v Speaker 1>he returned to San Francisco in eighteen sixty six. It

0:09:49.679 --> 0:09:54.800
<v Speaker 1>was as Helios. Helios was his new name and his

0:09:54.880 --> 0:10:00.360
<v Speaker 1>new persona an artist, a photographer to be exact. During

0:10:00.400 --> 0:10:04.240
<v Speaker 1>his stint as an inventor, Moybridge had spent time in Paris,

0:10:04.720 --> 0:10:08.640
<v Speaker 1>where he crossed paths with three French brothers, the Berteaux,

0:10:09.120 --> 0:10:13.640
<v Speaker 1>who ran a photography studio called Maison AliOS. For a time,

0:10:14.040 --> 0:10:17.680
<v Speaker 1>Moybridge used Mason Elios as his nailing address in Paris.

0:10:18.600 --> 0:10:21.520
<v Speaker 1>Edward Ball, in his book The Inventor in the Tycoon

0:10:22.120 --> 0:10:27.559
<v Speaker 1>feorizes that the Burteaus taught Moybridge their craft. The Englishman

0:10:27.679 --> 0:10:31.640
<v Speaker 1>borrowed more than just the brother's technique. He also borrowed

0:10:31.679 --> 0:10:37.479
<v Speaker 1>their name, using the English pronunciation of AliOS to become Helios.

0:10:38.520 --> 0:10:42.679
<v Speaker 1>While working as a publisher, inventor, and banker, Moybridge had

0:10:42.720 --> 0:10:47.480
<v Speaker 1>always appeared like a conventional man. He wore suits, trimmed

0:10:47.520 --> 0:10:52.360
<v Speaker 1>his hair, and maintained a neat appearance. But now as

0:10:52.400 --> 0:10:58.239
<v Speaker 1>an artist, Moybridge changed. His beard, grew long and unkempt.

0:10:58.880 --> 0:11:03.480
<v Speaker 1>His hair sprouted in unruly waves. He wore ragged clothes,

0:11:03.800 --> 0:11:08.840
<v Speaker 1>floppy hats, a hostile expression. His appearance seemed to say

0:11:08.960 --> 0:11:13.480
<v Speaker 1>that he cared for only one thing, his art, and

0:11:13.600 --> 0:11:18.040
<v Speaker 1>his actions backed up this impression. Moybridge had become obsessed

0:11:18.200 --> 0:11:22.040
<v Speaker 1>with photography. He even designed a portable dark room in

0:11:22.080 --> 0:11:25.640
<v Speaker 1>a wagon so that he could develop prints whenever he wanted.

0:11:26.360 --> 0:11:29.480
<v Speaker 1>His breakthrough as an artist came with pictures he took

0:11:29.520 --> 0:11:34.600
<v Speaker 1>of Yosemite. Moybridge's photos captured the splendor and the scale

0:11:34.720 --> 0:11:39.439
<v Speaker 1>of the valley, its awe inspiring rock formations and waterfalls,

0:11:40.040 --> 0:11:44.240
<v Speaker 1>and newspapers around the world printed the pictures. He also

0:11:44.280 --> 0:11:47.880
<v Speaker 1>gained recognition in San Francisco for his photographs of houses.

0:11:48.480 --> 0:11:54.320
<v Speaker 1>California's railbarons, including Leland Stanford and Charles Crocker, built sprawling

0:11:54.360 --> 0:11:58.760
<v Speaker 1>mansions in the city and commissioned Moybridge to document their opulence.

0:11:59.760 --> 0:12:03.880
<v Speaker 1>Within three years of returning to California, Moybridge was likely

0:12:04.000 --> 0:12:08.040
<v Speaker 1>the best known photographer in the state. In April eighteen

0:12:08.160 --> 0:12:11.560
<v Speaker 1>sixty nine, he signed with one of San Francisco's most

0:12:11.559 --> 0:12:16.440
<v Speaker 1>prestigious galleries, run by the Nall Brothers. It was at

0:12:16.520 --> 0:12:22.520
<v Speaker 1>the Knall's gallery that Edward Moybridge met Flora Downs. Flora

0:12:22.640 --> 0:12:26.200
<v Speaker 1>worked as a photo retoucher for the brothers, a job

0:12:26.240 --> 0:12:29.400
<v Speaker 1>that in those days meant fixing scratches in photo negatives

0:12:29.920 --> 0:12:33.400
<v Speaker 1>or using wax and paint to apply color to photographs.

0:12:34.080 --> 0:12:38.760
<v Speaker 1>Born in eighteen fifty one, Flora had had a difficult childhood,

0:12:39.760 --> 0:12:42.800
<v Speaker 1>her mother had died young and her stepmother had been

0:12:42.880 --> 0:12:47.560
<v Speaker 1>uninterested in raising her. At twelve, Flora was sent to

0:12:47.600 --> 0:12:51.120
<v Speaker 1>live with her aunt and uncle in Kentucky. Two years later,

0:12:51.400 --> 0:12:57.000
<v Speaker 1>the family moved to California. Upon the family's arrival in Marysville, California,

0:12:57.720 --> 0:13:00.880
<v Speaker 1>Flora's aunt and uncle left the girl with another aunt

0:13:01.280 --> 0:13:06.199
<v Speaker 1>and traveled to Oregon. Flora Downs, only fourteen years old,

0:13:06.800 --> 0:13:11.760
<v Speaker 1>had now been left behind by two families. Some historians

0:13:11.800 --> 0:13:14.800
<v Speaker 1>have claimed that Downs was next sent to Mills Seminary,

0:13:15.160 --> 0:13:18.360
<v Speaker 1>a boarding school for girls, but there is no record

0:13:18.400 --> 0:13:22.040
<v Speaker 1>of her attending the school. There is, however, a record

0:13:22.040 --> 0:13:24.560
<v Speaker 1>of Downs getting a job as a sales clerk at

0:13:24.559 --> 0:13:27.720
<v Speaker 1>a store in San Francisco. She would not work there

0:13:27.760 --> 0:13:31.800
<v Speaker 1>for long. At some point, sixteen year old Flora met

0:13:31.880 --> 0:13:35.880
<v Speaker 1>twenty four year old Lucius Stone, scion of a wealthy

0:13:36.040 --> 0:13:41.120
<v Speaker 1>saddle making family. Flora married Stone in July eighteen sixty

0:13:41.160 --> 0:13:45.079
<v Speaker 1>seven and went to live in his family home, but

0:13:45.120 --> 0:13:49.400
<v Speaker 1>the marriage was not a happy one. Flora hated her

0:13:49.440 --> 0:13:53.760
<v Speaker 1>mother in law, who she called cruel and tyrannical, and

0:13:53.920 --> 0:13:56.960
<v Speaker 1>less than two years after the wedding, Flora moved out,

0:13:57.640 --> 0:14:00.760
<v Speaker 1>possibly using a small settlement from the Stone family to

0:14:00.840 --> 0:14:05.240
<v Speaker 1>pay for a rented room. With little formal education and

0:14:05.360 --> 0:14:10.840
<v Speaker 1>few family ties, Flora needed to learn to support herself. Somehow,

0:14:11.040 --> 0:14:16.079
<v Speaker 1>she discovered a talent for photo retouching. When Edward Moybridge

0:14:16.120 --> 0:14:19.920
<v Speaker 1>and Flora Downs met, he was thirty nine and she

0:14:20.320 --> 0:14:25.200
<v Speaker 1>was eighteen. She was petite and pretty, with wavy brown

0:14:25.240 --> 0:14:29.400
<v Speaker 1>hair and a doll's face. He was a committed artist

0:14:29.520 --> 0:14:34.680
<v Speaker 1>with little interest in personal grooming. She liked the theater, nights, dresses,

0:14:34.960 --> 0:14:38.600
<v Speaker 1>nights on the town. He preferred the wilderness, his work,

0:14:39.080 --> 0:14:43.800
<v Speaker 1>and solitude. We don't know what drew the unlikely pair together.

0:14:44.480 --> 0:14:48.600
<v Speaker 1>Perhaps Flora was lonely. Her last family member in California

0:14:48.720 --> 0:14:52.600
<v Speaker 1>died in September eighteen seventy, and her divorce from Lucius

0:14:52.640 --> 0:14:56.560
<v Speaker 1>Stone was finalized three months later. Perhaps she was attracted

0:14:56.560 --> 0:15:00.600
<v Speaker 1>to Moybridge's success or perhaps she didn't have much say

0:15:00.640 --> 0:15:04.280
<v Speaker 1>in the matter. Flora would later claim that Moybridge paid

0:15:04.320 --> 0:15:07.960
<v Speaker 1>for her divorce from Stone and coerced her into marrying

0:15:08.040 --> 0:15:10.920
<v Speaker 1>him by threatening to get her fired from the gallery.

0:15:11.960 --> 0:15:17.720
<v Speaker 1>Or maybe, against all odds, this was a love story. Okay,

0:15:18.200 --> 0:15:23.000
<v Speaker 1>maybe not, but whatever the case. On May twentieth, eighteen

0:15:23.160 --> 0:15:27.840
<v Speaker 1>seventy one, twenty year old Flora Downs and forty one

0:15:27.920 --> 0:15:35.760
<v Speaker 1>year old Edward Moybridge were married. Two months after the wedding,

0:15:36.160 --> 0:15:40.200
<v Speaker 1>Moybridge began traveling for work. He was away from home

0:15:40.320 --> 0:15:43.240
<v Speaker 1>for more than half of the first year of their marriage.

0:15:43.840 --> 0:15:48.640
<v Speaker 1>Flora grew increasingly lonely, a pain that only compounded when

0:15:48.680 --> 0:15:52.400
<v Speaker 1>she suffered two stillbirths in a row. In the spring

0:15:52.480 --> 0:15:56.280
<v Speaker 1>of eighteen seventy two, the Nall Brothers closed their gallery.

0:15:57.280 --> 0:16:01.840
<v Speaker 1>Moybridge moved to Bradley and Rulufsen, a gallery and photography

0:16:01.880 --> 0:16:06.280
<v Speaker 1>studio known for taking pictures of celebrities. Flora got a

0:16:06.360 --> 0:16:10.880
<v Speaker 1>job a retouching photos for the studio. She enjoyed the work.

0:16:11.440 --> 0:16:14.760
<v Speaker 1>She collected copies of the pictures of stage actors who

0:16:14.800 --> 0:16:19.080
<v Speaker 1>Bradley and Rulefsen photographed, and made her own album, pasting

0:16:19.120 --> 0:16:23.640
<v Speaker 1>the glamorous celebrity shots next to princes of Moybridge's nature pictures.

0:16:24.760 --> 0:16:27.080
<v Speaker 1>The moy Bridges may not have been a perfect couple,

0:16:27.840 --> 0:16:33.560
<v Speaker 1>or even a particularly happy one, but things were fine. Fine,

0:16:33.880 --> 0:16:39.240
<v Speaker 1>that is until the arrival of Harry Larkins, and then

0:16:39.480 --> 0:16:47.040
<v Speaker 1>things would fall apart with deadly consequences. Harry Larkins was

0:16:47.120 --> 0:16:50.840
<v Speaker 1>well known in San Francisco, though few people knew his

0:16:51.040 --> 0:16:55.120
<v Speaker 1>true background. They knew he was handsome, with a charming

0:16:55.160 --> 0:16:59.400
<v Speaker 1>British accent and charisma to spare. They knew he dressed well,

0:16:59.800 --> 0:17:03.840
<v Speaker 1>if flashily, sometimes wearing a peacock feather in his hat.

0:17:04.359 --> 0:17:08.439
<v Speaker 1>They knew he'd fought in some war somewhere, or at

0:17:08.520 --> 0:17:12.320
<v Speaker 1>least he told people to call him Major Larkins. But

0:17:12.520 --> 0:17:16.160
<v Speaker 1>just exactly who he was and what life he'd lived

0:17:16.240 --> 0:17:19.040
<v Speaker 1>before he arrived in San Francisco was a bit of

0:17:19.040 --> 0:17:23.320
<v Speaker 1>a mystery, and would remain a mystery until the present day.

0:17:24.040 --> 0:17:27.720
<v Speaker 1>But we'll come back to that. In eighteen seventy three,

0:17:27.840 --> 0:17:30.960
<v Speaker 1>there were only two things San Franciscans knew for sure

0:17:31.080 --> 0:17:35.240
<v Speaker 1>about Harry Larkins. He was excellent company, and he had

0:17:35.280 --> 0:17:39.120
<v Speaker 1>trouble staying on the right side of the law. In

0:17:39.160 --> 0:17:43.080
<v Speaker 1>March eighteen seventy three, Larkins was thrown in jail for

0:17:43.240 --> 0:17:47.600
<v Speaker 1>charges of obtaining money under false pretenses. The charges had

0:17:47.600 --> 0:17:52.840
<v Speaker 1>been brought by Larkins's former friend, one Arthur Neil. The

0:17:52.880 --> 0:17:56.080
<v Speaker 1>two men had first met in London and reconnected by

0:17:56.160 --> 0:17:59.080
<v Speaker 1>chance in Salt Lake City in mid eighteen seventy two.

0:18:00.000 --> 0:18:03.760
<v Speaker 1>They then decided to travel to San Francisco together. For months,

0:18:04.400 --> 0:18:09.040
<v Speaker 1>they'd lived it up, Larkins providing the entertainment and Neil

0:18:09.200 --> 0:18:13.119
<v Speaker 1>providing the funds. Neil said that Larkins claim to have

0:18:13.160 --> 0:18:17.320
<v Speaker 1>a wealthy family who would cover his expenses eventually, but

0:18:17.400 --> 0:18:22.600
<v Speaker 1>after five months without repayment, Neil grew impatient. He filed

0:18:22.640 --> 0:18:26.040
<v Speaker 1>a police report against Larkins and then took his story

0:18:26.080 --> 0:18:30.119
<v Speaker 1>to the newspaper. The San Francisco Chronicle jumped on the

0:18:30.240 --> 0:18:34.600
<v Speaker 1>juicy story, publishing Nil's tale of woe with the headline

0:18:35.040 --> 0:18:39.840
<v Speaker 1>financial genius the Prince of Confidence. Men in limbo Major

0:18:39.920 --> 0:18:44.160
<v Speaker 1>Harry Larkins arrested for swindling, and noted that Larkins had

0:18:44.200 --> 0:18:49.160
<v Speaker 1>racked up quote hotel bills that would make a millionaire shudder.

0:18:50.119 --> 0:18:52.800
<v Speaker 1>The two men eventually settled their case out of court

0:18:53.359 --> 0:18:57.119
<v Speaker 1>and the charges against Larkins were dismissed, but his reputation

0:18:57.320 --> 0:19:01.760
<v Speaker 1>was ruined and he was broke. He began moving freight

0:19:01.800 --> 0:19:05.560
<v Speaker 1>at the docks, hard labor, but at least it paid

0:19:06.280 --> 0:19:10.440
<v Speaker 1>soon though, his charm and intelligence earned him the opportunity

0:19:10.520 --> 0:19:14.080
<v Speaker 1>to become the theater critic for the San Francisco Evening Post.

0:19:14.640 --> 0:19:17.200
<v Speaker 1>It was likely because of this role that he ended

0:19:17.280 --> 0:19:21.840
<v Speaker 1>up at Bradley and Rulffson's gallery, where all the theater stars

0:19:21.880 --> 0:19:26.000
<v Speaker 1>got their pictures taken. This, in turn, is likely how

0:19:26.040 --> 0:19:32.000
<v Speaker 1>he met Flora and Edward Moybridge. Sometime in eighteen seventy three.

0:19:34.920 --> 0:19:38.800
<v Speaker 1>Larkin started out as a friend of both Moybridges. He

0:19:38.880 --> 0:19:42.040
<v Speaker 1>got free theater tickets through his job and offered to

0:19:42.080 --> 0:19:46.000
<v Speaker 1>take the couple out one night. Flora enjoyed the outing,

0:19:46.840 --> 0:19:52.400
<v Speaker 1>Edward did not. Larkins invited them to another show. Edward declined,

0:19:52.920 --> 0:19:58.080
<v Speaker 1>but Flora said yes. Soon Flora and Larkins were spending

0:19:58.160 --> 0:20:01.520
<v Speaker 1>quite a bit of time together. The two found they

0:20:01.560 --> 0:20:06.560
<v Speaker 1>had much in common, similarly lonely childhood's a shared love

0:20:06.640 --> 0:20:11.119
<v Speaker 1>for theater. In May eighteen seventy three, Moybridge left on

0:20:11.160 --> 0:20:15.359
<v Speaker 1>a photography assignment for the U. S. Army. Upon his return,

0:20:15.600 --> 0:20:18.600
<v Speaker 1>he was troubled by reports of his wife's new friendship

0:20:19.119 --> 0:20:23.480
<v Speaker 1>and warned Larkins off I want you to let her alone,

0:20:23.880 --> 0:20:27.439
<v Speaker 1>he recalled. He told Larkins, I do not request it

0:20:27.520 --> 0:20:31.199
<v Speaker 1>of you, but I command you to keep away from her.

0:20:31.960 --> 0:20:35.080
<v Speaker 1>You know my rights as a married man, so do I,

0:20:35.400 --> 0:20:39.880
<v Speaker 1>and I shall defend them. Larkins agreed to stop seeing Flora,

0:20:40.480 --> 0:20:44.359
<v Speaker 1>but the break didn't last long. In the summer of

0:20:44.400 --> 0:20:49.320
<v Speaker 1>eighteen seventy three, Flora learned she was pregnant again. The

0:20:49.359 --> 0:20:52.600
<v Speaker 1>Moybridges hired a woman named Susan Smith to serve as

0:20:52.640 --> 0:20:56.640
<v Speaker 1>Flora's midwife and baby nurse, but Smith would later allege

0:20:56.680 --> 0:21:00.159
<v Speaker 1>that she had another role, that of go between for

0:21:00.200 --> 0:21:04.840
<v Speaker 1>Flora and Larkins. Smith said she carried notes for the couple,

0:21:05.200 --> 0:21:08.320
<v Speaker 1>who saw each other whenever Moybridge was out of town working.

0:21:09.359 --> 0:21:13.040
<v Speaker 1>In April eighteen seventy four, while Moybridge was yet again

0:21:13.160 --> 0:21:18.040
<v Speaker 1>got an assignment, Flora went into labor. Harry Larkins was

0:21:18.080 --> 0:21:22.040
<v Speaker 1>with her and summoned Smith. After a twelve hour labor,

0:21:22.520 --> 0:21:26.640
<v Speaker 1>Flora gave birth to a healthy baby boy. Smith wrote

0:21:26.680 --> 0:21:29.760
<v Speaker 1>to Moybridge and he returned to town, though he only

0:21:29.800 --> 0:21:32.399
<v Speaker 1>stayed for a week or ten days before leaving to

0:21:32.440 --> 0:21:36.120
<v Speaker 1>work again. He does not seem to have particularly bonded

0:21:36.160 --> 0:21:40.120
<v Speaker 1>with his son. Smith would later say that Moybridge refused

0:21:40.160 --> 0:21:44.800
<v Speaker 1>to name the baby. Flora eventually named the boy George

0:21:45.000 --> 0:21:49.800
<v Speaker 1>Down's Moybridge. George was the name of Moybridge's deceased brother,

0:21:50.880 --> 0:21:53.479
<v Speaker 1>but it also happened to be the name of Harry

0:21:53.560 --> 0:22:01.440
<v Speaker 1>Larkins's deceased father. Larkins visited George and Flora frequently. In May,

0:22:01.720 --> 0:22:05.920
<v Speaker 1>Larkins lost his newspaper job, possibly because his colleagues were

0:22:06.040 --> 0:22:08.639
<v Speaker 1>tired of people showing up at the newsroom to demand

0:22:08.640 --> 0:22:12.399
<v Speaker 1>that he pay them back for various debts. Desperate for money,

0:22:12.800 --> 0:22:16.320
<v Speaker 1>Larkins took a job as a publicist for a traveling circus.

0:22:16.840 --> 0:22:19.760
<v Speaker 1>While he was away from Flora, he wrote her secret

0:22:19.800 --> 0:22:25.119
<v Speaker 1>messages in the paper using his middle initial Tea. In June,

0:22:25.640 --> 0:22:29.600
<v Speaker 1>he left a note in the chronicle, f do write

0:22:29.640 --> 0:22:35.480
<v Speaker 1>to me. I am utterly miserable without you, your devoted Tea.

0:22:36.080 --> 0:22:38.720
<v Speaker 1>But by this time Flora was no longer in San

0:22:38.760 --> 0:22:42.639
<v Speaker 1>Francisco to see the message. In mid June, Moybridge had

0:22:42.680 --> 0:22:46.040
<v Speaker 1>sent her and George to Oregon to stay with relatives.

0:22:46.560 --> 0:22:48.840
<v Speaker 1>He said it was so she would have company while

0:22:48.840 --> 0:22:51.879
<v Speaker 1>he traveled on a multi month job, but some people

0:22:51.920 --> 0:22:54.600
<v Speaker 1>wondered whether it was an attempt to keep Flora and

0:22:54.720 --> 0:22:59.960
<v Speaker 1>Larkins apart. Absence, however, only made the heart grow fond.

0:23:01.200 --> 0:23:03.959
<v Speaker 1>Flora and Harry both wrote to Susan Smith and her

0:23:04.040 --> 0:23:07.760
<v Speaker 1>daughter Sarah about how they missed one another. There are

0:23:07.800 --> 0:23:11.159
<v Speaker 1>indications that Larkins and Flora were planning to start a

0:23:11.200 --> 0:23:14.840
<v Speaker 1>life together, but to do that, Larkins would need money.

0:23:15.440 --> 0:23:18.639
<v Speaker 1>He took a new job writing about mining for a newspaper.

0:23:19.359 --> 0:23:23.000
<v Speaker 1>His work took him into the mountains around California's Napa Valley,

0:23:23.359 --> 0:23:26.880
<v Speaker 1>where he reported on the area's silver mines. He had

0:23:26.960 --> 0:23:30.720
<v Speaker 1>high hopes for the future, but a dark cloud was looming.

0:23:31.920 --> 0:23:36.520
<v Speaker 1>In October eighteen seventy four, Edward Moybridge returned to San Francisco.

0:23:37.119 --> 0:23:40.679
<v Speaker 1>He was quickly confronted by Susan Smith, Flora's midwife and

0:23:40.720 --> 0:23:43.760
<v Speaker 1>baby nurse, who claimed that she had not received her pay.

0:23:44.640 --> 0:23:47.760
<v Speaker 1>On October thirteenth, Smith went to court over the matter,

0:23:48.200 --> 0:23:52.080
<v Speaker 1>and one a judgment of one hundred dollars against Moybridge.

0:23:52.119 --> 0:23:54.919
<v Speaker 1>Moybridge claimed that he had given Flora the money to

0:23:54.920 --> 0:23:58.080
<v Speaker 1>pay Smith, but Smith produced a letter from Flora that

0:23:58.160 --> 0:24:01.840
<v Speaker 1>claimed that Edward would pay the money. This letter, to

0:24:01.920 --> 0:24:08.200
<v Speaker 1>Moybridge's consternation, contained a mention of Harry Larkins. After the hearing,

0:24:08.480 --> 0:24:12.160
<v Speaker 1>Moybridge asked Smith if she had any other letters from Flora.

0:24:13.240 --> 0:24:16.840
<v Speaker 1>Smith apparently trying to secure her payment, said she would

0:24:16.880 --> 0:24:20.119
<v Speaker 1>give the letters to Moybridge. She gave him the letters

0:24:20.119 --> 0:24:24.000
<v Speaker 1>on October fifteenth. The next day, Moybridge showed up at

0:24:24.000 --> 0:24:28.199
<v Speaker 1>her house demanding more letters. The first batch of letters,

0:24:28.200 --> 0:24:31.840
<v Speaker 1>he said, only showed a flirtation between Flora and Harry.

0:24:32.400 --> 0:24:35.760
<v Speaker 1>He wanted letters that proved the affair that he was

0:24:35.840 --> 0:24:41.240
<v Speaker 1>certain existed. Smith gave him more letters. She also showed

0:24:41.280 --> 0:24:44.760
<v Speaker 1>him a picture of his baby's son, on which Flora

0:24:44.800 --> 0:24:50.199
<v Speaker 1>had written either little Harry or Little George Harry. The

0:24:50.280 --> 0:24:55.040
<v Speaker 1>next morning, October seventeenth, Moybridge went to the Arts Association,

0:24:55.560 --> 0:24:58.840
<v Speaker 1>a social club. People who saw him there reported that

0:24:58.920 --> 0:25:03.480
<v Speaker 1>he was quote perfectly cool and self possessed. He next

0:25:03.520 --> 0:25:06.080
<v Speaker 1>went to Bradley and Rulfson's, where he ran into an

0:25:06.080 --> 0:25:11.199
<v Speaker 1>acquaintance and the two men discussed bugs. Moybridge mentioned that

0:25:11.320 --> 0:25:15.320
<v Speaker 1>he quote had some business up country and intended to

0:25:15.440 --> 0:25:18.639
<v Speaker 1>leave by the afternoon. Boat Then he went upstairs and

0:25:18.680 --> 0:25:23.359
<v Speaker 1>had a conversation with William Rulifson, the gallery owner. Moybridge

0:25:23.359 --> 0:25:26.080
<v Speaker 1>gave Rulifsen a set of documents, which he said would

0:25:26.160 --> 0:25:30.120
<v Speaker 1>organize his business in case anything were to happen to him.

0:25:30.400 --> 0:25:32.800
<v Speaker 1>When Moybridge said he was going to Napa to see

0:25:32.840 --> 0:25:37.399
<v Speaker 1>Harry Larkins, rul Offsen tried to stop him, but Moybridge

0:25:37.440 --> 0:25:41.920
<v Speaker 1>would not be deterred. He left Rulufsen's office at three

0:25:42.080 --> 0:25:46.160
<v Speaker 1>fifty six pm and sprinted to the Ferry Docks, barely

0:25:46.200 --> 0:25:49.840
<v Speaker 1>making the four o'clock steamboat. He disembarked at Vallejoe at

0:25:49.920 --> 0:25:54.440
<v Speaker 1>six p m. Then boarded the northbound train. Three hours later.

0:25:54.600 --> 0:25:58.359
<v Speaker 1>He got off at the last stop, Calistoga. He stopped

0:25:58.359 --> 0:26:01.520
<v Speaker 1>in at a saloon, then went to a buggy. He

0:26:01.600 --> 0:26:06.000
<v Speaker 1>told the stableman he wanted to find Harry Larkins. Moybridge

0:26:06.000 --> 0:26:09.560
<v Speaker 1>thought Larkins was at Pine Flat mining camp. That's where

0:26:09.640 --> 0:26:14.400
<v Speaker 1>Larkins had written his last newspaper dispatch. From the stableman, however,

0:26:14.840 --> 0:26:17.520
<v Speaker 1>knew that Larkins was spending the night at a miner's

0:26:17.560 --> 0:26:21.800
<v Speaker 1>cottage by the Yellowjacket mine. The stableman tried to convince

0:26:21.840 --> 0:26:25.119
<v Speaker 1>Moybridge to wait until morning, since Larkins would be traveling

0:26:25.119 --> 0:26:30.879
<v Speaker 1>into Calistoga, but Moybridge refused. The stableman relented and told

0:26:30.920 --> 0:26:34.600
<v Speaker 1>one of his drivers, George Wolf, to bring Moybridge up

0:26:34.640 --> 0:26:38.399
<v Speaker 1>to the Yellowjacket cottage. The drive of the slopes of

0:26:38.480 --> 0:26:42.639
<v Speaker 1>Mount Saint Helena took more than an hour. Moybridge, Wolf

0:26:42.640 --> 0:26:46.439
<v Speaker 1>would later say, appeared calm, though he did ask if

0:26:46.440 --> 0:26:50.360
<v Speaker 1>he could fire his pistol two, he claimed scare off robbers.

0:26:51.040 --> 0:26:55.280
<v Speaker 1>When Wolf asked what he wanted with Larkins, Moybridge said

0:26:55.400 --> 0:27:00.919
<v Speaker 1>he wanted to quote give him an unexpected mesa. He

0:27:00.960 --> 0:27:09.080
<v Speaker 1>would certainly do that. Around eleven PM, Moybridge arrived at

0:27:09.119 --> 0:27:12.679
<v Speaker 1>the Yellowjacket Cottage, so named because of a nest of

0:27:12.760 --> 0:27:17.239
<v Speaker 1>yellowjackets that lived nearby. Inside, a group of men and

0:27:17.280 --> 0:27:21.280
<v Speaker 1>women were playing cards and talking. Harry Larkins was playing

0:27:21.280 --> 0:27:25.280
<v Speaker 1>cribbage with one of the miners. Edward Moybridge got down

0:27:25.320 --> 0:27:28.320
<v Speaker 1>from the buggy and greeted a group of men standing

0:27:28.320 --> 0:27:33.359
<v Speaker 1>by the door. He asked for Harry Larkins. One of

0:27:33.400 --> 0:27:36.520
<v Speaker 1>the men invited him into the house, but Moybridge said

0:27:36.560 --> 0:27:40.720
<v Speaker 1>he wanted to see Larkins outside. The men leaned into

0:27:40.760 --> 0:27:44.720
<v Speaker 1>the doorframe and called for Larkins, who excused himself from

0:27:44.720 --> 0:27:47.840
<v Speaker 1>the card game and walked to the door. When he

0:27:47.920 --> 0:27:52.720
<v Speaker 1>reached it, he peered out into the darkness. Edward Moybridge

0:27:53.080 --> 0:27:57.480
<v Speaker 1>stared back, I have a message from my wife Moybridge said.

0:27:58.240 --> 0:28:04.080
<v Speaker 1>Larkin stepped forward, Moybridge shot him in the chest. Larkins

0:28:04.119 --> 0:28:08.080
<v Speaker 1>staggered and turned, stumbling back into the house, his hands

0:28:08.080 --> 0:28:12.200
<v Speaker 1>clutched over his wound. Moybridge followed him, still holding the gun.

0:28:13.080 --> 0:28:16.600
<v Speaker 1>Larkins went back out the front door and collapsed. Moybridge

0:28:16.640 --> 0:28:18.919
<v Speaker 1>raised his arm as if to shoot again, but one

0:28:18.960 --> 0:28:22.600
<v Speaker 1>of the other men stopped him. Two men carried Larkins

0:28:22.640 --> 0:28:27.360
<v Speaker 1>back inside, where he lay groaning for several minutes. Then

0:28:28.480 --> 0:28:34.119
<v Speaker 1>Harry Larkins tied. Moybridge offered no resistance when the miners

0:28:34.160 --> 0:28:38.560
<v Speaker 1>surrounded him. He apologized for frightening the women present and

0:28:38.680 --> 0:28:44.120
<v Speaker 1>explained that quote Larkins had destroyed his happiness. Then he

0:28:44.200 --> 0:28:46.960
<v Speaker 1>asked for a glass of water and sat down to

0:28:47.000 --> 0:28:50.640
<v Speaker 1>read the newspaper. The miners decided to take him to

0:28:50.680 --> 0:28:55.120
<v Speaker 1>the sheriff's office at Calistoga. Around one a m a

0:28:55.160 --> 0:29:00.000
<v Speaker 1>local constable took Moybridge into custody. The constable found Moybridge

0:29:00.160 --> 0:29:03.520
<v Speaker 1>to be quote very cool for one who had just

0:29:03.640 --> 0:29:07.520
<v Speaker 1>killed a man. The photographer explained his placid mood to

0:29:07.520 --> 0:29:11.840
<v Speaker 1>the constable. Hiring a lawyer might cost a lot, Moybridge said,

0:29:12.400 --> 0:29:16.000
<v Speaker 1>but quote, I won't have any trouble to get clear.

0:29:17.000 --> 0:29:22.400
<v Speaker 1>In other words, Edward Moybridge believed he could get away

0:29:22.680 --> 0:29:29.880
<v Speaker 1>with murder. Despite Moybridge's initial confidence about being acquitted, his

0:29:29.960 --> 0:29:32.800
<v Speaker 1>assurance seems to have wavered in the months he spent

0:29:32.880 --> 0:29:37.200
<v Speaker 1>in jail before his trial. In December, he agreed to

0:29:37.240 --> 0:29:41.440
<v Speaker 1>an interview with the San Francisco Chronicle. In the interview,

0:29:41.640 --> 0:29:46.000
<v Speaker 1>Moybridge presented a new version of the murder, facing criticism

0:29:46.120 --> 0:29:48.480
<v Speaker 1>for having shot a man who had no chance to

0:29:48.520 --> 0:29:53.000
<v Speaker 1>defend himself. Moybridge now claimed that Larkins had tried to run.

0:29:53.720 --> 0:29:56.560
<v Speaker 1>I did not intend to shoot him so quickly, but

0:29:56.720 --> 0:29:59.040
<v Speaker 1>thought to talk to him and hear what he had

0:29:59.040 --> 0:30:01.960
<v Speaker 1>to say an excuse. But he turned to run like

0:30:02.000 --> 0:30:05.280
<v Speaker 1>a guilty craven when I pronounced my name, so I

0:30:05.360 --> 0:30:08.840
<v Speaker 1>had to shoot him or let him go unpunished. No

0:30:09.000 --> 0:30:13.680
<v Speaker 1>other witness account of the murder had Larkins running from Moybridge.

0:30:14.120 --> 0:30:18.640
<v Speaker 1>Despite his attempt to reframe his actions, Moybridge still expressed

0:30:18.760 --> 0:30:22.479
<v Speaker 1>no remorse. The only thing I am sorry for in

0:30:22.520 --> 0:30:25.880
<v Speaker 1>connection with the affair is that he died so quickly.

0:30:26.600 --> 0:30:29.200
<v Speaker 1>I would have wished that he could have lived long enough,

0:30:29.360 --> 0:30:31.600
<v Speaker 1>at least to acknowledge the wrong he had done me,

0:30:32.280 --> 0:30:35.160
<v Speaker 1>that his punishment was deserved, and that my act was

0:30:35.160 --> 0:30:39.800
<v Speaker 1>a justifiable defense of my marital rights. This last line

0:30:39.880 --> 0:30:43.600
<v Speaker 1>was an especially important point for Moybridge to make. The

0:30:43.720 --> 0:30:47.480
<v Speaker 1>idea that killing Larkins was a justifiable defense of his

0:30:47.600 --> 0:30:52.440
<v Speaker 1>marital rights would be central to his legal defense. In

0:30:52.520 --> 0:30:57.040
<v Speaker 1>this defense, Moybridge would be assisted by able lawyers. Leading

0:30:57.040 --> 0:31:00.800
<v Speaker 1>his defense was William Wirt Pendegast, a man in his

0:31:00.840 --> 0:31:05.480
<v Speaker 1>thirties known for his luxuriant hair and his magnificent courtroom speeches,

0:31:06.160 --> 0:31:10.360
<v Speaker 1>and Cameron H. King, a young, ambitious lawyer whose uncle

0:31:10.400 --> 0:31:14.200
<v Speaker 1>had been Governor of California. Pendigast and King each had

0:31:14.240 --> 0:31:18.240
<v Speaker 1>an assistant attorney as well. The prosecution was led by

0:31:18.240 --> 0:31:22.880
<v Speaker 1>Dennis Spencer, district attorney for NAPA. The thirty year old

0:31:22.880 --> 0:31:27.320
<v Speaker 1>Spencer had trained under Pendigast, but was much less experienced.

0:31:27.840 --> 0:31:32.040
<v Speaker 1>Spencer was deeply concerned about prosecuting such a high profile case.

0:31:32.680 --> 0:31:35.600
<v Speaker 1>He begged the county Board of Supervisors to provide him

0:31:35.600 --> 0:31:39.600
<v Speaker 1>with an associate council, but they refused until the day

0:31:39.640 --> 0:31:44.200
<v Speaker 1>before the trial, that is, on February second, eighteen seventy five,

0:31:44.440 --> 0:31:48.680
<v Speaker 1>the board agreed to bring on Thomas P. Stoney, Pendigast's

0:31:48.680 --> 0:31:52.240
<v Speaker 1>former law partner and a current county judge, to assist Spencer.

0:31:53.160 --> 0:31:57.920
<v Speaker 1>Stoney had only hours to prepare for the case. That afternoon,

0:31:58.160 --> 0:32:02.400
<v Speaker 1>Moybridge pled not guilty to the charge of murder. After

0:32:02.440 --> 0:32:06.560
<v Speaker 1>his plea, a reporter noted Moybridge laughed quietly and muttered

0:32:07.080 --> 0:32:11.040
<v Speaker 1>to kill a man and yet plead not guilty. The

0:32:11.240 --> 0:32:15.880
<v Speaker 1>now offended reporter described Moybridge as carrying himself quote with

0:32:16.000 --> 0:32:19.000
<v Speaker 1>the air of a man who had done a noble action.

0:32:20.440 --> 0:32:25.640
<v Speaker 1>The next day, February third, jury selection began. In choosing jurors,

0:32:25.760 --> 0:32:28.920
<v Speaker 1>the defense mainly looked for married men who might be

0:32:28.960 --> 0:32:31.960
<v Speaker 1>sympathetic to their argument that Moybridge was defending his so

0:32:32.160 --> 0:32:36.840
<v Speaker 1>called marital rights. The prosecution looked for men who would

0:32:36.840 --> 0:32:42.160
<v Speaker 1>be comfortable sentencing someone to death. Selection didn't take long.

0:32:42.920 --> 0:32:47.240
<v Speaker 1>Twelve men, all either farmers and carpenters, all but one married,

0:32:47.560 --> 0:32:51.080
<v Speaker 1>were soon seated. Stoney gave the opening statement for the

0:32:51.080 --> 0:32:54.400
<v Speaker 1>defense that afternoon. He laid out the facts of the

0:32:54.440 --> 0:32:58.920
<v Speaker 1>case quote, there is no doubt that on the seventeenth

0:32:59.000 --> 0:33:03.880
<v Speaker 1>day of October, Harry Larkins, who was unarmed, was shot

0:33:04.000 --> 0:33:08.040
<v Speaker 1>down and murdered. Stony reminded jurors that it did not

0:33:08.160 --> 0:33:11.800
<v Speaker 1>matter what Harry Larkins had done. It mattered what Edward

0:33:11.880 --> 0:33:16.080
<v Speaker 1>Moybridge had done. There is no question of the rights

0:33:16.160 --> 0:33:18.640
<v Speaker 1>or wrongs of the two men with regard to their

0:33:18.680 --> 0:33:22.920
<v Speaker 1>relations with one another. The question is this, Has the

0:33:22.960 --> 0:33:27.640
<v Speaker 1>defendant violated the law in this question? Stoney said, the

0:33:27.760 --> 0:33:33.080
<v Speaker 1>answer was clear, Quote the defendant is as guilty as possible.

0:33:34.320 --> 0:33:37.240
<v Speaker 1>He ended by telling jurors that, in the eyes of

0:33:37.280 --> 0:33:42.120
<v Speaker 1>the law, quote, nothing but actual self defense authorizes a

0:33:42.160 --> 0:33:45.920
<v Speaker 1>man to take the life of another. No other provocation

0:33:46.280 --> 0:33:51.400
<v Speaker 1>justifies such an act. The prosecution's witnesses, including the doctor

0:33:51.440 --> 0:33:54.680
<v Speaker 1>who attended to Larkin's body, the man who had driven

0:33:54.720 --> 0:33:57.520
<v Speaker 1>Moybridge to the Yellow Jacket, and the miners who had

0:33:57.560 --> 0:34:01.000
<v Speaker 1>seen the shooting, laid out a clear and consistent story

0:34:01.080 --> 0:34:04.360
<v Speaker 1>of Moybridge's actions on the day of the murder. The

0:34:04.400 --> 0:34:08.160
<v Speaker 1>witnesses from the Yellowjacket cottage all described the same scene,

0:34:08.880 --> 0:34:14.200
<v Speaker 1>Moybridge's arrival, the summoning of Harry Larkin's the shot. They

0:34:14.280 --> 0:34:18.759
<v Speaker 1>only differed on one aspect. Right before shooting, Moybridge had

0:34:18.800 --> 0:34:22.480
<v Speaker 1>either said I have brought you a message from my wife,

0:34:23.239 --> 0:34:27.239
<v Speaker 1>or I have brought you a message about my wife.

0:34:27.440 --> 0:34:32.040
<v Speaker 1>James MacArthur, the man who had disarmed Moybridge, described Moybridge's

0:34:32.080 --> 0:34:37.279
<v Speaker 1>calm attitude following the murder. Moybridge, MacArthur testified, had said

0:34:37.320 --> 0:34:42.480
<v Speaker 1>that quote, he intended to kill Larkins, and that since quote,

0:34:42.680 --> 0:34:44.840
<v Speaker 1>miners were a pretty rough lot and he did not

0:34:44.920 --> 0:34:47.759
<v Speaker 1>know what the consequences would be, he had ensured that

0:34:47.800 --> 0:34:51.040
<v Speaker 1>all his business affairs were settled should he be killed

0:34:51.080 --> 0:34:57.160
<v Speaker 1>after killing Larkins. Moybridge had also, MacArthur, continued, described firing

0:34:57.200 --> 0:34:59.400
<v Speaker 1>off his gun during the buggy ride up to the

0:34:59.480 --> 0:35:04.239
<v Speaker 1>mine because the pistol quote had been laying a long time, unused,

0:35:04.760 --> 0:35:07.840
<v Speaker 1>and he wanted to test that it worked well. It

0:35:07.960 --> 0:35:13.120
<v Speaker 1>was a pretty picture of premeditation. On cross examination, the

0:35:13.160 --> 0:35:17.120
<v Speaker 1>defense lawyers began to raise the specter of justifiable homicide.

0:35:17.800 --> 0:35:20.399
<v Speaker 1>Did he say, as one of his excuses, this man

0:35:20.480 --> 0:35:25.120
<v Speaker 1>has seduced my wife, Pendigast asked MacArthur. MacArthur said that

0:35:25.160 --> 0:35:29.600
<v Speaker 1>this was what he understood Moybridge to mean. Justifiable homicide

0:35:29.680 --> 0:35:33.239
<v Speaker 1>was not a legal defense. No law permitted killing a

0:35:33.280 --> 0:35:36.000
<v Speaker 1>man because he had slept with your wife, But it

0:35:36.200 --> 0:35:40.680
<v Speaker 1>was a powerful emotional one. After the prosecution rested, Cameron

0:35:40.840 --> 0:35:44.560
<v Speaker 1>King delivered the defense's opening statement and doubled down on

0:35:44.640 --> 0:35:50.040
<v Speaker 1>the justifiable homicide argument. Harry Larkins, in King's depiction, had

0:35:50.080 --> 0:35:54.240
<v Speaker 1>practically asked to be killed. We will prove that Harry

0:35:54.320 --> 0:35:58.680
<v Speaker 1>Larkins was a man of bad character, King said, before

0:35:58.680 --> 0:36:04.239
<v Speaker 1>detailing how Larkins had quote slowly undermined Flora's heart and

0:36:04.360 --> 0:36:09.160
<v Speaker 1>attacked her citadel of virtue. Stony and Spencer kept objecting

0:36:09.200 --> 0:36:11.920
<v Speaker 1>to King's speech. He was making claims that would not

0:36:11.960 --> 0:36:16.239
<v Speaker 1>be allowed as evidence. Judge Wallace kept up holding their objections,

0:36:16.560 --> 0:36:22.239
<v Speaker 1>but King would not be contained, relentlessly attacking Larkins. Eventually

0:36:22.239 --> 0:36:28.280
<v Speaker 1>moving on, King said, we will also prove insanity. Edward

0:36:28.280 --> 0:36:32.440
<v Speaker 1>Moybridge had initially been resistant to the insanity defense. He

0:36:32.520 --> 0:36:35.480
<v Speaker 1>did not believe himself insane and he did not want

0:36:35.480 --> 0:36:37.600
<v Speaker 1>to end up in an asylum if he were found

0:36:37.640 --> 0:36:40.920
<v Speaker 1>insane in court, But as the trial approached and his

0:36:41.040 --> 0:36:44.600
<v Speaker 1>confidence in his acquittal seemed to falter, he agreed to

0:36:44.640 --> 0:36:49.480
<v Speaker 1>allow his lawyers to pursue the insanity defense. King's explanation

0:36:49.640 --> 0:36:55.120
<v Speaker 1>of Moybridge's insanity was twofold. First, the lawyer said Moybridge

0:36:55.160 --> 0:36:58.040
<v Speaker 1>had been sent into a kind of insane frenzy by

0:36:58.080 --> 0:37:02.799
<v Speaker 1>the news of his wife's infidelity. In this state, Moybridge

0:37:02.840 --> 0:37:07.799
<v Speaker 1>was quote not himself slung up to the pitch of insanity.

0:37:08.160 --> 0:37:10.840
<v Speaker 1>The defendant made up his mind that he must slay

0:37:10.920 --> 0:37:14.600
<v Speaker 1>the destroyer of his happiness, the man who had debauched

0:37:14.640 --> 0:37:19.400
<v Speaker 1>his home. But Moybridge's insanity went back further. King argued,

0:37:20.280 --> 0:37:24.360
<v Speaker 1>Remember that stagecoach accident that Moybridge had suffered in eighteen sixty,

0:37:24.920 --> 0:37:28.040
<v Speaker 1>the one that had left him comatose for nine days.

0:37:28.680 --> 0:37:34.400
<v Speaker 1>That accident, King now claimed, had fundamentally changed Moybridge, perhaps

0:37:34.440 --> 0:37:37.560
<v Speaker 1>making him more susceptible to the killing mania that had

0:37:37.640 --> 0:37:41.839
<v Speaker 1>led to his crime. Having heard a day's worth of testimony,

0:37:42.360 --> 0:37:44.719
<v Speaker 1>it may have been hard for jurors to reconcile the

0:37:44.800 --> 0:37:49.239
<v Speaker 1>idea of mania with the prosecution witnesses description of Moybridge's

0:37:49.320 --> 0:37:53.360
<v Speaker 1>level headed premeditation. But even if the jury did not

0:37:53.480 --> 0:37:59.400
<v Speaker 1>believe Moybridge insane, King concluded, the jurors should understand his actions.

0:38:00.880 --> 0:38:04.560
<v Speaker 1>Who is the man, King asked, even though he be

0:38:04.719 --> 0:38:07.840
<v Speaker 1>of the soundest mind, that can say he would have

0:38:07.920 --> 0:38:12.560
<v Speaker 1>acted differently, I assert that he who would not shoot

0:38:12.640 --> 0:38:15.440
<v Speaker 1>the seducer of his wife, even if he were to

0:38:15.480 --> 0:38:20.840
<v Speaker 1>suffer ten thousand deaths, is a coward. In other words,

0:38:21.040 --> 0:38:25.400
<v Speaker 1>the real crime would have been not murdering Larkins. With that,

0:38:25.800 --> 0:38:30.239
<v Speaker 1>the defense called their first witness, Susan Smith. Smith is

0:38:30.280 --> 0:38:33.720
<v Speaker 1>one of the most intriguing and ambiguous people in this story.

0:38:34.360 --> 0:38:38.279
<v Speaker 1>She had begun as a perhaps unwilling accomplice of Flora's,

0:38:38.640 --> 0:38:43.200
<v Speaker 1>helping facilitate her affair with Larkins. Then she had seemingly

0:38:43.280 --> 0:38:47.000
<v Speaker 1>betrayed the pair by revealing the affair to Moybridge, maybe

0:38:47.000 --> 0:38:50.120
<v Speaker 1>in order to get money. After the murder, The press

0:38:50.160 --> 0:38:54.279
<v Speaker 1>had strongly criticized Smith, saying that she had doomed Terry

0:38:54.360 --> 0:38:58.400
<v Speaker 1>Larkins out of her own greed. At the trial, Smith,

0:38:58.960 --> 0:39:03.359
<v Speaker 1>perhaps to rehability her reputation, now claimed that a deranged

0:39:03.400 --> 0:39:07.480
<v Speaker 1>Moybridge had scared her into handing over the letters. His

0:39:07.600 --> 0:39:11.760
<v Speaker 1>appearance was that of a madman. He was haggard and pale,

0:39:12.160 --> 0:39:17.080
<v Speaker 1>his eyes glassy. He trembled from head to foot. Smith described,

0:39:17.920 --> 0:39:21.160
<v Speaker 1>I thought he was insane and would kill me or

0:39:21.239 --> 0:39:23.760
<v Speaker 1>himself if I did not tell him all I knew.

0:39:25.000 --> 0:39:27.799
<v Speaker 1>Whereas Smith had previously told the press that she had

0:39:27.880 --> 0:39:31.640
<v Speaker 1>last seen Moybridge on Friday night. She now alleged that

0:39:31.680 --> 0:39:34.879
<v Speaker 1>he had also come by on Saturday morning, the day

0:39:34.920 --> 0:39:37.360
<v Speaker 1>of the killing, and it was at this meeting that

0:39:37.440 --> 0:39:42.160
<v Speaker 1>she had shown him the worst of the letters. Smith's testimony,

0:39:42.320 --> 0:39:46.800
<v Speaker 1>which contained both lurid descriptions of Flora and Larkins's affair

0:39:47.440 --> 0:39:51.759
<v Speaker 1>and shocking depictions of an unhinged Moybridge, went a long

0:39:51.840 --> 0:39:56.680
<v Speaker 1>way towards supporting the defense's case. On cross examination, Dennis

0:39:56.680 --> 0:40:00.440
<v Speaker 1>Spencer could not shake Smith from her story. He also

0:40:00.920 --> 0:40:05.520
<v Speaker 1>was unsuccessful in trying to attack Smith's character. Judge Walter

0:40:05.840 --> 0:40:10.880
<v Speaker 1>prohibited him from introducing evidence that Smith herself was engaged

0:40:11.040 --> 0:40:15.360
<v Speaker 1>in an adulterous affair. The next defense witness was Smith's

0:40:15.440 --> 0:40:19.600
<v Speaker 1>daughter Sarah, whose testimony aligned with her mother's. She was

0:40:19.640 --> 0:40:23.760
<v Speaker 1>followed by William Rulifson, partner at Bradley and Rulofson's gallery,

0:40:24.160 --> 0:40:26.440
<v Speaker 1>who had met with Moybridge on the day of the murder.

0:40:27.080 --> 0:40:31.440
<v Speaker 1>Ruloffson described Moybridge as eccentric, saying that the photographer was

0:40:31.480 --> 0:40:37.320
<v Speaker 1>difficult to work with, forgetful, and prone to quote strange freaks.

0:40:38.560 --> 0:40:41.760
<v Speaker 1>On the day of the murder, Ruloffson said Moybridge seemed

0:40:41.800 --> 0:40:47.280
<v Speaker 1>to be in a frenzy, leaving Rulofson quote really afraid.

0:40:47.719 --> 0:40:51.400
<v Speaker 1>After Rulufsen, the defense introduced witnesses who could testify to

0:40:51.480 --> 0:40:56.279
<v Speaker 1>Moybridge's changed behavior after his stagecoach accident. These witnesses said

0:40:56.320 --> 0:41:00.000
<v Speaker 1>that whereas Moybridge had once been quote a genial, pleasure

0:41:00.280 --> 0:41:04.400
<v Speaker 1>and quick businessman, after the accident, he had become quote

0:41:05.080 --> 0:41:09.799
<v Speaker 1>very eccentric, not as good a businessman, and sometimes very

0:41:09.920 --> 0:41:14.439
<v Speaker 1>violent and excited in an uncalled for manner. It should

0:41:14.480 --> 0:41:16.680
<v Speaker 1>be noted that many of these witnesses did not see

0:41:16.719 --> 0:41:20.680
<v Speaker 1>Moybridge immediately after his stagecoach accident. They had all known

0:41:20.760 --> 0:41:23.680
<v Speaker 1>him in San Francisco in the late eighteen fifties and

0:41:23.719 --> 0:41:26.840
<v Speaker 1>had only seen him again six years after the accident,

0:41:27.200 --> 0:41:29.160
<v Speaker 1>so they could not truly say whether it was only

0:41:29.239 --> 0:41:33.759
<v Speaker 1>the stagecoach accident or the intervening years, or some combination

0:41:34.160 --> 0:41:39.200
<v Speaker 1>that had changed Moybridge. On Friday, February fifth, Moybridge himself

0:41:39.239 --> 0:41:42.400
<v Speaker 1>took the stand. He did not discuss anything about the

0:41:42.480 --> 0:41:46.120
<v Speaker 1>killing or even about the affair. He talked only about

0:41:46.160 --> 0:41:49.640
<v Speaker 1>the stage coach accident and its effects on him. In

0:41:49.680 --> 0:41:53.520
<v Speaker 1>response to all of this testimony, about insanity. The prosecution

0:41:53.680 --> 0:41:58.120
<v Speaker 1>called doctor G. A. Shirtliffe as a rebuttal witness. Shirtliffe

0:41:58.160 --> 0:42:02.040
<v Speaker 1>was the superintendent of the Stockton Insane Asylum. He had

0:42:02.080 --> 0:42:05.080
<v Speaker 1>been allowed to review the testimony of the murder witnesses.

0:42:05.800 --> 0:42:09.400
<v Speaker 1>Shirtliff contested the idea that the stagecoach accident had caused

0:42:09.480 --> 0:42:14.040
<v Speaker 1>Moybridge's actions. He also testified that given that it was

0:42:14.080 --> 0:42:17.440
<v Speaker 1>testified by the common observer that Moybridge was calm after

0:42:17.520 --> 0:42:20.600
<v Speaker 1>the homicide, it would lead to the opinion that he

0:42:20.719 --> 0:42:25.200
<v Speaker 1>was not insane. The prosecution now recalled several of the

0:42:25.280 --> 0:42:29.360
<v Speaker 1>murder witnesses, who reiterated that Moybridge had indeed been calm

0:42:29.480 --> 0:42:33.000
<v Speaker 1>both before and after the homicide. They also called the

0:42:33.080 --> 0:42:37.720
<v Speaker 1>Chronicle reporter George W. Smith, who had interviewed Moybridge in jail.

0:42:38.520 --> 0:42:41.360
<v Speaker 1>Smith stated that Moybridge had told him he opposed the

0:42:41.400 --> 0:42:46.160
<v Speaker 1>insanity defense. In response to this testimony, the defense brought

0:42:46.160 --> 0:42:49.960
<v Speaker 1>back William Rulifsen, who had visited Moybridge in jail and

0:42:50.080 --> 0:42:52.600
<v Speaker 1>now said that the photographer had not been calm, but

0:42:52.719 --> 0:42:57.680
<v Speaker 1>had been excited and distraught. The prosecution then recalled doctor Shirtliffe,

0:42:57.719 --> 0:43:01.480
<v Speaker 1>who reiterated his earlier conclusions, it would seem to me

0:43:01.600 --> 0:43:05.200
<v Speaker 1>that the act was premeditated. He understood the nature of

0:43:05.239 --> 0:43:09.120
<v Speaker 1>the act and the consequences. He was not irresistibly impelled,

0:43:09.320 --> 0:43:12.680
<v Speaker 1>but was moved by passion and had a motive which

0:43:12.719 --> 0:43:17.280
<v Speaker 1>goes against the idea of madness. In conclusion, Shirtliffe said

0:43:17.840 --> 0:43:21.279
<v Speaker 1>he was quote of the opinion that Moybridge was a

0:43:21.360 --> 0:43:25.719
<v Speaker 1>sane man when he committed the act. With that testimony

0:43:25.719 --> 0:43:30.600
<v Speaker 1>in the trial concluded. Thomas Stoney delivered the first closing

0:43:30.719 --> 0:43:34.600
<v Speaker 1>argument for the prosecution. He responded to the defense's argument

0:43:34.640 --> 0:43:39.120
<v Speaker 1>of justifiable homicide, saying that while he himself had sympathy

0:43:39.120 --> 0:43:41.680
<v Speaker 1>for the prisoner, that did not negate the fact that

0:43:41.719 --> 0:43:45.920
<v Speaker 1>Moybridge had broken the law, though Harry Larkins had done wrong.

0:43:46.160 --> 0:43:52.040
<v Speaker 1>Sony concluded, quote an adulterer does not forfeit his life.

0:43:52.120 --> 0:43:55.960
<v Speaker 1>Moybridge could not be allowed to be quote the judge,

0:43:56.080 --> 0:44:01.000
<v Speaker 1>the jury, and the executioner. Instead, Sony finished, the jury

0:44:01.200 --> 0:44:05.080
<v Speaker 1>must decide upon the law and upon the evidence, even

0:44:05.160 --> 0:44:09.160
<v Speaker 1>if it makes their hearts bleed to do it. Cameron

0:44:09.280 --> 0:44:13.800
<v Speaker 1>King provided the first defense closing in dramatic, flowery language.

0:44:14.160 --> 0:44:17.720
<v Speaker 1>He acknowledged that though adultery was not technically a legal

0:44:17.880 --> 0:44:22.360
<v Speaker 1>justification for homicide, it might be a moral one. After

0:44:22.400 --> 0:44:27.400
<v Speaker 1>discussing Moybridge's insanity and for some reason insulting prosecutor Dennis

0:44:27.400 --> 0:44:32.320
<v Speaker 1>Spencer for kneading Stoney's assistance, King asked the jury to quote,

0:44:32.719 --> 0:44:36.719
<v Speaker 1>consider all the circumstances surrounding this terrible case in the

0:44:36.840 --> 0:44:45.360
<v Speaker 1>light of merciful consideration. William Wirt Pendigast elucidated those circumstances

0:44:45.440 --> 0:44:49.600
<v Speaker 1>further in the final defense closing. Edward Moybridge, he said,

0:44:50.000 --> 0:44:55.080
<v Speaker 1>had loved Flora quote deeply, madly, with all the strong

0:44:55.200 --> 0:44:59.760
<v Speaker 1>love of a strong, self constrained man, And all at once,

0:45:00.120 --> 0:45:03.319
<v Speaker 1>like a clap of thunder from a clear sky, came

0:45:03.400 --> 0:45:06.480
<v Speaker 1>upon him the revelation that his whole life had been

0:45:06.520 --> 0:45:11.240
<v Speaker 1>blasted in such a situation. How could anyone expect Moybridge

0:45:11.239 --> 0:45:15.920
<v Speaker 1>to act responsibly? Pendigast asked the jurors to put themselves

0:45:15.960 --> 0:45:21.080
<v Speaker 1>in Moybridge's position. You gentlemen of the jury, you who

0:45:21.120 --> 0:45:25.200
<v Speaker 1>have wives whom you love, daughters whom you cherish, and

0:45:25.320 --> 0:45:30.880
<v Speaker 1>mother's whom you reverence, will not condone Larkins's crime. I

0:45:30.920 --> 0:45:33.400
<v Speaker 1>cannot ask you to send this man back to his

0:45:33.480 --> 0:45:38.439
<v Speaker 1>happy home. The destroyer has been there, His wife's name

0:45:38.520 --> 0:45:44.040
<v Speaker 1>has been smirched, his child bastardized, and his earthly happiness

0:45:44.160 --> 0:45:48.719
<v Speaker 1>so utterly destroyed, that no hope exists of its reconstruction.

0:45:49.600 --> 0:45:53.080
<v Speaker 1>But let him go forth from here again. Let him

0:45:53.120 --> 0:45:56.520
<v Speaker 1>go once more among the wild and grand beauties of

0:45:56.640 --> 0:46:01.040
<v Speaker 1>nature in the pursuit of his loved profession. Let him

0:46:01.040 --> 0:46:04.160
<v Speaker 1>go where he may perhaps pick up again a few

0:46:04.320 --> 0:46:07.640
<v Speaker 1>of the broken threads of his life, and attains such

0:46:07.760 --> 0:46:12.759
<v Speaker 1>comparative peace as may be attained by one so cruelly

0:46:12.920 --> 0:46:18.640
<v Speaker 1>stricken through the very excess of his love for his wife.

0:46:18.960 --> 0:46:24.520
<v Speaker 1>On this dramatic note, Pendegast sat down. Dennis Spencer rose

0:46:24.600 --> 0:46:28.439
<v Speaker 1>to give the final prosecution closing argument. He pushed back

0:46:28.520 --> 0:46:32.920
<v Speaker 1>on the insanity argument, saying, quote, there is no form

0:46:32.960 --> 0:46:36.160
<v Speaker 1>of insanity that strikes a man like a flash of lightning,

0:46:36.560 --> 0:46:40.120
<v Speaker 1>compelling him to commit an awful crime, and then passes

0:46:40.160 --> 0:46:44.279
<v Speaker 1>away as in a dream, leaving no trace behind. The

0:46:44.400 --> 0:46:48.600
<v Speaker 1>only witnesses who had testified to Moybridge's insanity, he continued,

0:46:48.920 --> 0:46:53.000
<v Speaker 1>were Susan Smith and William Rulifson, two people who had

0:46:53.080 --> 0:46:58.080
<v Speaker 1>business relationships with Moybridge and vested interests in seeing him acquitted.

0:46:59.120 --> 0:47:03.440
<v Speaker 1>Spencer concluded by rebutting the logic of the justifiable homicide argument.

0:47:04.280 --> 0:47:07.359
<v Speaker 1>If Harry Larkins could be killed with no trial, why

0:47:07.520 --> 0:47:12.440
<v Speaker 1>was Edward Moybridge entitled to one the very prisoner? Spencer finished,

0:47:12.840 --> 0:47:16.879
<v Speaker 1>after his act comes here and avails himself of all

0:47:16.920 --> 0:47:21.360
<v Speaker 1>the legal safeguards which he denied his victim. He told

0:47:21.400 --> 0:47:25.360
<v Speaker 1>the jurors that they should find Moybridge guilty of deliberate murder.

0:47:26.400 --> 0:47:31.040
<v Speaker 1>With that the case was finished. Judge Wallace now instructed

0:47:31.080 --> 0:47:35.400
<v Speaker 1>the jury. He explicitly disallowed them from rendering a verdict

0:47:35.440 --> 0:47:38.880
<v Speaker 1>of not guilty with justifiable homicide, but told them they

0:47:38.920 --> 0:47:42.560
<v Speaker 1>could choose from four other verdicts, guilty with a sentence

0:47:42.600 --> 0:47:47.520
<v Speaker 1>of death, guilty with a sentence of life imprisonment, not guilty,

0:47:47.920 --> 0:47:52.440
<v Speaker 1>or not guilty by reason of insanity. At nine thirty pm,

0:47:52.600 --> 0:47:57.000
<v Speaker 1>the jury left to deliberate. Many people expected a quick

0:47:57.120 --> 0:48:01.120
<v Speaker 1>verdict and hung around the courthouse waiting, but by three

0:48:01.160 --> 0:48:03.840
<v Speaker 1>a m. The jurors had still not reached an answer.

0:48:04.520 --> 0:48:08.000
<v Speaker 1>They decided to sleep on the matter and resumed deliberations

0:48:08.040 --> 0:48:12.280
<v Speaker 1>after breakfast the next morning. By noon, they had a verdict.

0:48:13.239 --> 0:48:16.120
<v Speaker 1>Moybridge was brought back from his cell, though the public

0:48:16.160 --> 0:48:19.200
<v Speaker 1>were kept out for the reading of the verdict. In

0:48:19.280 --> 0:48:23.920
<v Speaker 1>the still silent courtroom, the court clerk rose on the

0:48:24.000 --> 0:48:28.839
<v Speaker 1>charges of murdering Harry Larkins. He said the jury had

0:48:28.880 --> 0:48:37.759
<v Speaker 1>found the defendant, Edward Moybridge, not guilty. Edward Moybridge had

0:48:37.760 --> 0:48:41.920
<v Speaker 1>a strange reaction to the verdict. He collapsed and began

0:48:42.000 --> 0:48:46.880
<v Speaker 1>to shake, seeming almost to seize. He moaned and wept.

0:48:47.560 --> 0:48:51.800
<v Speaker 1>His lawyer, Pendegast, tried to rein him in, telling Moybridge

0:48:51.800 --> 0:48:55.560
<v Speaker 1>to get himself together and think the jury. Moybridge could

0:48:55.560 --> 0:48:58.640
<v Speaker 1>not compose himself and was carried out of the courtroom

0:48:59.200 --> 0:49:02.320
<v Speaker 1>for fifteen minutes. The fit seemed to rack his body

0:49:02.360 --> 0:49:06.359
<v Speaker 1>and mind, but finally, when one of Pendigast's partners told

0:49:06.440 --> 0:49:11.200
<v Speaker 1>him to stop, Moybridge fell silent. He walked unaided into

0:49:11.200 --> 0:49:15.280
<v Speaker 1>the courtroom and the judge officially released him. He walked

0:49:15.280 --> 0:49:20.400
<v Speaker 1>into the street, where the waiting crowd erupted in cheers.

0:49:21.160 --> 0:49:25.640
<v Speaker 1>Back in San Francisco, Flora must have been shocked. She

0:49:25.719 --> 0:49:28.799
<v Speaker 1>had filed for divorce from Moybridge six weeks before the

0:49:28.840 --> 0:49:33.440
<v Speaker 1>trial and asked for alimony and child support. A judge

0:49:33.440 --> 0:49:36.680
<v Speaker 1>had initially ruled in her favor, and then dismissed his

0:49:36.800 --> 0:49:40.200
<v Speaker 1>order and postponed the case after pressure from William Pendigast.

0:49:40.920 --> 0:49:45.640
<v Speaker 1>After Moybridge's acquittal, Flora filed again. She claimed that she

0:49:45.719 --> 0:49:48.960
<v Speaker 1>had been coerced into the marriage, that Moybridge had been

0:49:49.000 --> 0:49:53.440
<v Speaker 1>neglectful and even adulteress himself, and that she now feared

0:49:53.480 --> 0:49:57.000
<v Speaker 1>he would kill her. The judge ruled that Moybridge had

0:49:57.000 --> 0:50:00.560
<v Speaker 1>to pay Flora fifty dollars a month in alimony, but

0:50:00.640 --> 0:50:05.040
<v Speaker 1>by the time this ruling came down, Moybridge was long gone.

0:50:05.760 --> 0:50:08.239
<v Speaker 1>Two weeks after the trial, he had boarded a ship

0:50:08.280 --> 0:50:11.719
<v Speaker 1>for Central America to take publicity photographs for the Pacific

0:50:11.760 --> 0:50:15.440
<v Speaker 1>Mail Company. He stayed in Central America for eight months,

0:50:16.200 --> 0:50:21.840
<v Speaker 1>now going by the name of Eduardo Santiago Moybridge. Flora

0:50:22.000 --> 0:50:24.879
<v Speaker 1>meanwhile was living in a boarding house with her son,

0:50:25.520 --> 0:50:29.319
<v Speaker 1>barely scraping by. Her divorce lawyer had been providing her

0:50:29.360 --> 0:50:33.439
<v Speaker 1>with money until the alimony arrived from Moybridge. It would

0:50:33.520 --> 0:50:39.360
<v Speaker 1>never come. In July, Flora fell ill. Her condition worsened quickly,

0:50:39.440 --> 0:50:42.680
<v Speaker 1>and she was admitted to Saint Mary's Hospital, where she

0:50:42.800 --> 0:50:48.080
<v Speaker 1>died on July eighteenth, eighteen seventy five, nine months and

0:50:48.160 --> 0:50:51.840
<v Speaker 1>a day after the murder of Harry Larkins. She was

0:50:51.920 --> 0:50:56.520
<v Speaker 1>twenty four years old. Before the trial, the press had

0:50:56.560 --> 0:51:01.239
<v Speaker 1>excoriated her as a disgusting, promiscuous woman, and even death

0:51:01.280 --> 0:51:05.480
<v Speaker 1>could not grant Flora of reprieve from the public's criticism.

0:51:06.120 --> 0:51:09.680
<v Speaker 1>Death relieves Missus Flora Moybridge from a life of sin

0:51:09.840 --> 0:51:15.160
<v Speaker 1>and shame, read one headline. With Flora dead, Baby George

0:51:15.200 --> 0:51:19.080
<v Speaker 1>was placed with a neighbor's family. In eighteen seventy six, however,

0:51:19.480 --> 0:51:22.399
<v Speaker 1>Edward Moybridge arrived back in the child's life, but did

0:51:22.440 --> 0:51:25.520
<v Speaker 1>not take him in. He instead had the toddler moved

0:51:25.600 --> 0:51:31.080
<v Speaker 1>to the Hayte Street Protestant Orphan asylum. Moybridge also renamed George,

0:51:31.880 --> 0:51:38.080
<v Speaker 1>giving him the unusual name Florado Helios Moybridge. Besides bestowing

0:51:38.080 --> 0:51:41.520
<v Speaker 1>the boy with his artist's moniker, Moybridge also had the

0:51:41.640 --> 0:51:45.719
<v Speaker 1>orphanage record Florado as a half orphan, meaning that he

0:51:45.840 --> 0:51:49.320
<v Speaker 1>had one living parent. These both seemed to be signs

0:51:49.360 --> 0:51:52.439
<v Speaker 1>that Moybridge now believed that he was indeed the boy's father,

0:51:53.200 --> 0:51:54.920
<v Speaker 1>but that did not mean that he wished to be

0:51:55.040 --> 0:51:59.439
<v Speaker 1>involved in Florado's life. The two would rarely see each other.

0:52:00.480 --> 0:52:03.400
<v Speaker 1>When Florado was nine and a half, he left the

0:52:03.520 --> 0:52:06.799
<v Speaker 1>orphanage in search of work. He spent the rest of

0:52:06.840 --> 0:52:10.560
<v Speaker 1>his life as a farm laborer, gardener, and delivery man.

0:52:11.040 --> 0:52:14.640
<v Speaker 1>The mystery of his actual paternity was never solved, and

0:52:14.719 --> 0:52:18.239
<v Speaker 1>though we know that his mother was Flora Moybridge, Florado

0:52:18.320 --> 0:52:21.960
<v Speaker 1>himself apparently did not thanks to a mix up with

0:52:22.000 --> 0:52:25.799
<v Speaker 1>the orphanage records. Florado spent his entire life believing that

0:52:25.840 --> 0:52:29.840
<v Speaker 1>his mother was a frenchwoman. He died in February nineteen

0:52:29.920 --> 0:52:33.080
<v Speaker 1>forty four after being hit by a car in Sacramento.

0:52:34.239 --> 0:52:38.400
<v Speaker 1>Edward Moybridge's outcome was much better than Flora or Florado's.

0:52:39.239 --> 0:52:41.960
<v Speaker 1>In fact, for the most part, he was celebrated by

0:52:41.960 --> 0:52:46.240
<v Speaker 1>the public. After the trial, Some reporters had criticized the verdict,

0:52:46.719 --> 0:52:51.440
<v Speaker 1>with one local paper writing that the jury had outraged

0:52:51.480 --> 0:52:54.640
<v Speaker 1>the law and the facts, and violated their oaths to

0:52:54.680 --> 0:52:58.640
<v Speaker 1>set the assassin free, but the public largely seemed to

0:52:58.680 --> 0:53:03.000
<v Speaker 1>be on Moybridge's sad This position might make more sense

0:53:03.239 --> 0:53:06.640
<v Speaker 1>if we consider the relative frequency of men in this

0:53:06.719 --> 0:53:11.800
<v Speaker 1>period murdering their wives, lovers, and being acquitted by juries

0:53:11.880 --> 0:53:16.640
<v Speaker 1>who found their actions justified. In his book Homicide, Race,

0:53:16.719 --> 0:53:20.280
<v Speaker 1>and Justice in the American West eighteen eighty to nineteen twenty,

0:53:20.760 --> 0:53:24.400
<v Speaker 1>Claire V. McKenna records love triangles as being the cause

0:53:24.440 --> 0:53:28.440
<v Speaker 1>of nearly twenty percent of all murders in three Western counties,

0:53:28.880 --> 0:53:31.800
<v Speaker 1>and in many of these cases, the killers were acquitted.

0:53:32.840 --> 0:53:36.080
<v Speaker 1>It's a stereotype of the Wild West that the law

0:53:36.200 --> 0:53:40.200
<v Speaker 1>was often taken into individuals hands, but studies of Western

0:53:40.280 --> 0:53:44.000
<v Speaker 1>murder trials during the late nineteenth and early twentieth century

0:53:44.160 --> 0:53:47.840
<v Speaker 1>show that juries regularly acquitted murderers if they believed that

0:53:47.920 --> 0:53:52.760
<v Speaker 1>the crime was justified. In eighteen ninety, the historian Hubert

0:53:52.800 --> 0:53:57.719
<v Speaker 1>Bancroft recorded that quote an average of twenty five homicides

0:53:57.719 --> 0:54:01.640
<v Speaker 1>have taken place yearly in San Francisco for the last decade,

0:54:01.680 --> 0:54:04.200
<v Speaker 1>and that out of two hundred and fifty or more

0:54:04.280 --> 0:54:09.080
<v Speaker 1>homicidal crimes, only four have been punished capitally and seventy

0:54:09.120 --> 0:54:13.760
<v Speaker 1>seven by imprisonment. In all other cases, the juries probably

0:54:13.800 --> 0:54:18.279
<v Speaker 1>agreed that the victim deserved to be killed. This attitude

0:54:18.280 --> 0:54:21.799
<v Speaker 1>seems to have been a Western phenomenon, though not exclusively.

0:54:22.600 --> 0:54:26.840
<v Speaker 1>The New York Times had sneeringly predicted Moybridge's acquittal, saying

0:54:26.840 --> 0:54:30.520
<v Speaker 1>that Moybridge quote now appeals to the fine sense of

0:54:30.680 --> 0:54:34.200
<v Speaker 1>justice and chivalry, which a California public has never been

0:54:34.239 --> 0:54:37.759
<v Speaker 1>found to lack on such occasions. But this wasn't just

0:54:37.800 --> 0:54:41.600
<v Speaker 1>an easterner's stereotype of the West. A study by the

0:54:41.719 --> 0:54:45.840
<v Speaker 1>historian Roger Lane found that conviction rates for murder increased

0:54:45.880 --> 0:54:49.960
<v Speaker 1>over the course of the twentieth century in Philadelphia. In response,

0:54:50.120 --> 0:54:54.040
<v Speaker 1>the historian Robert Tillman studied murder conviction rates in Sacramento

0:54:54.080 --> 0:54:57.400
<v Speaker 1>County over the same period and determined that the conviction

0:54:57.560 --> 0:55:01.600
<v Speaker 1>rate did not increase, lead being Tillman to conclude that

0:55:02.120 --> 0:55:06.320
<v Speaker 1>quote the social reaction to murder, at least as expressed

0:55:06.320 --> 0:55:09.839
<v Speaker 1>in the actions of the courts, did not change significantly.

0:55:10.440 --> 0:55:14.439
<v Speaker 1>The quote lower threshold for the tolerance of violence, found

0:55:14.520 --> 0:55:17.120
<v Speaker 1>elsewhere across the country toward the turn of the century,

0:55:17.600 --> 0:55:21.960
<v Speaker 1>was not in evidence in Sacramento County. One Nevada newspaper,

0:55:22.200 --> 0:55:26.000
<v Speaker 1>reflecting on both the Moybridge trial and the Beecher Tilton case,

0:55:26.120 --> 0:55:28.600
<v Speaker 1>which happened at the same time and which was covered

0:55:28.600 --> 0:55:31.840
<v Speaker 1>in episode two of History on Trial, said that Beecher

0:55:31.880 --> 0:55:35.960
<v Speaker 1>could have used a taste of Western justice. Quote. It

0:55:36.000 --> 0:55:38.600
<v Speaker 1>would have been much better for the world had Tilton

0:55:38.840 --> 0:55:42.359
<v Speaker 1>a year ago blown out Beecher's brains and then his own.

0:55:43.400 --> 0:55:46.480
<v Speaker 1>That isn't to say that all Westerners were so comfortable

0:55:46.520 --> 0:55:50.640
<v Speaker 1>with violence, of course. In eighteen eighty, the Sacramento Daily

0:55:50.760 --> 0:55:55.280
<v Speaker 1>Union published a scathing editorial on what they called sentimental murder,

0:55:56.040 --> 0:55:58.920
<v Speaker 1>saying that the regular acquittal of murderers of this type

0:55:59.040 --> 0:56:03.080
<v Speaker 1>was a sign of social backwardness, and hoping that California

0:56:03.160 --> 0:56:07.080
<v Speaker 1>would soon reach the point at which quote the kind

0:56:07.160 --> 0:56:10.640
<v Speaker 1>of crimes which have heretofore stained the annals of the

0:56:10.719 --> 0:56:14.680
<v Speaker 1>state will cease, and no one will venture to scandalize

0:56:14.760 --> 0:56:18.800
<v Speaker 1>society and outrage the law in that way with any

0:56:18.840 --> 0:56:22.400
<v Speaker 1>expectation or hope of being acquitted through the aid of

0:56:22.480 --> 0:56:26.719
<v Speaker 1>popular sympathy. On the very same day that this editorial

0:56:26.840 --> 0:56:31.680
<v Speaker 1>was published, Edward Moybridge displayed his zoa praxyscope in San Francisco.

0:56:32.360 --> 0:56:37.799
<v Speaker 1>His presentation received national attention, and none of the articles

0:56:38.000 --> 0:56:42.200
<v Speaker 1>mentioned the murder. In the years following the verdict, Moybridge

0:56:42.200 --> 0:56:45.279
<v Speaker 1>had resumed his work as a photographer. He had had

0:56:45.320 --> 0:56:50.200
<v Speaker 1>a particularly fruitful collaboration with Leland Stanford, the Railroad magnet.

0:56:50.320 --> 0:56:56.040
<v Speaker 1>Former California governor and future Stanford University founder Stanford, who

0:56:56.200 --> 0:56:59.839
<v Speaker 1>was obsessed with horses, had wanted to solve the age

0:56:59.800 --> 0:57:03.360
<v Speaker 1>old question of whether all four of a horse's legs

0:57:03.560 --> 0:57:06.760
<v Speaker 1>left the ground at once when it ran. The answer,

0:57:06.840 --> 0:57:10.000
<v Speaker 1>by the way we now know, is yes. This was

0:57:10.040 --> 0:57:14.000
<v Speaker 1>a technical challenge. No photographer had figured out how to

0:57:14.040 --> 0:57:17.320
<v Speaker 1>capture a horse in motion without getting a blurry blob,

0:57:18.360 --> 0:57:22.200
<v Speaker 1>but Moybridge proved just the man for the job. Using

0:57:22.200 --> 0:57:25.600
<v Speaker 1>a series of trip lines and modified shutters, he did

0:57:25.680 --> 0:57:30.640
<v Speaker 1>the formerly impossible. In eighteen seventy three, before the murder,

0:57:30.800 --> 0:57:34.880
<v Speaker 1>Moybridge had captured one of Stanford's horses, mid trot. By

0:57:34.920 --> 0:57:38.840
<v Speaker 1>eighteen seventy eight, he had refined his method and managed

0:57:38.840 --> 0:57:42.720
<v Speaker 1>to take twelve consecutive photos of a horse running. These

0:57:42.720 --> 0:57:46.800
<v Speaker 1>photos made international news and formed the basis for Moybridge's

0:57:46.880 --> 0:57:50.840
<v Speaker 1>zoa Proxyscope show. He had an artist paint his photographs

0:57:50.840 --> 0:57:53.960
<v Speaker 1>on a glass disc and then inserted a shutter between

0:57:54.000 --> 0:57:56.560
<v Speaker 1>each frame so that the images did not blur together

0:57:56.600 --> 0:57:59.960
<v Speaker 1>when he spun the disc. After his successful first day

0:58:00.000 --> 0:58:03.560
<v Speaker 1>demonstruations in eighteen eighty, Moybridge took his show on the

0:58:03.640 --> 0:58:07.840
<v Speaker 1>road he traveled first to France. It was there, in

0:58:07.920 --> 0:58:11.680
<v Speaker 1>eighteen eighty two that Edward Moybridge changed his name for

0:58:11.760 --> 0:58:15.320
<v Speaker 1>a final time, modifying the spelling of his first name

0:58:15.400 --> 0:58:20.000
<v Speaker 1>from the stand Edward to the archaic Anglo saxon Edward

0:58:20.440 --> 0:58:24.720
<v Speaker 1>sounds the same, but spelt ea d w ea r D.

0:58:25.880 --> 0:58:28.280
<v Speaker 1>This is the name he is best known by today.

0:58:29.160 --> 0:58:31.800
<v Speaker 1>In this same year, he fell out with Leland Stanford,

0:58:31.960 --> 0:58:34.800
<v Speaker 1>who published a book of Moybridge's motion photos and took

0:58:34.840 --> 0:58:39.280
<v Speaker 1>credit for the photographer's invention. Moybridge sued Stanford, but a

0:58:39.360 --> 0:58:43.480
<v Speaker 1>judge dismissed the case. In eighteen eighty four, Moybridge was

0:58:43.560 --> 0:58:47.240
<v Speaker 1>hired by the University of Pennsylvania to take more motion pictures.

0:58:47.880 --> 0:58:51.960
<v Speaker 1>At penn he transitioned from photographing animals to photographing people,

0:58:52.520 --> 0:58:55.960
<v Speaker 1>and then to photographing naked people. He gained a reputation

0:58:56.040 --> 0:58:59.920
<v Speaker 1>for eccentricity at the university, eating lemons by the dozen,

0:59:00.480 --> 0:59:04.600
<v Speaker 1>as well as the maggots that spawned in cheese. After

0:59:04.640 --> 0:59:06.880
<v Speaker 1>he failed to sell the photos he'd taken at penn

0:59:07.360 --> 0:59:10.560
<v Speaker 1>and in need of money, he took his zoa praxyscope

0:59:10.560 --> 0:59:15.040
<v Speaker 1>back on the road. In February eighteen eighty eight, Moybridge

0:59:15.080 --> 0:59:18.600
<v Speaker 1>to a motion picture show in New Jersey. Two days later,

0:59:18.880 --> 0:59:21.400
<v Speaker 1>he went to nearby Menlo Park to visit the famous

0:59:21.480 --> 0:59:26.040
<v Speaker 1>laboratory of Thomas Edison. The two men discussed Moybridge's invention.

0:59:26.920 --> 0:59:30.240
<v Speaker 1>Edison would go on to refine Moybridge's work and create

0:59:30.280 --> 0:59:35.040
<v Speaker 1>the kinetoscope box, which would in turn inspire the Loumier Brothers,

0:59:35.080 --> 0:59:39.280
<v Speaker 1>some of history's first filmmakers. By the time the Lumiers

0:59:39.320 --> 0:59:42.960
<v Speaker 1>projected their first motion pictures for an enraptured crowd in

0:59:43.080 --> 0:59:47.360
<v Speaker 1>Paris in December eighteen ninety five, Moybridge was old news.

0:59:48.360 --> 0:59:51.880
<v Speaker 1>He had stopped taking photographs in eighteen eighty six, and

0:59:51.960 --> 0:59:55.120
<v Speaker 1>a zoa praxyscope show at the Chicago's World Fair in

0:59:55.160 --> 0:59:59.959
<v Speaker 1>eighteen ninety three had been poorly attended. In eighteen ninety five,

1:00:00.400 --> 1:00:03.800
<v Speaker 1>Moybridge moved back to Kingston, England, where he had been born.

1:00:04.840 --> 1:00:08.200
<v Speaker 1>He died there in nineteen o four, aged seventy four,

1:00:08.640 --> 1:00:11.080
<v Speaker 1>while trying to dig a hole in his backyard in

1:00:11.160 --> 1:00:19.120
<v Speaker 1>the shape of the Great Lakes very normal today. Edward

1:00:19.160 --> 1:00:25.280
<v Speaker 1>Moybridge is best remembered for his photographic exploits and technological innovations.

1:00:25.400 --> 1:00:29.920
<v Speaker 1>These should not be discounted. His work is beautiful, transformative,

1:00:30.040 --> 1:00:35.560
<v Speaker 1>and revolutionary. He also killed a man. The justice system

1:00:35.640 --> 1:00:39.120
<v Speaker 1>allowed Moybridge to go free, and the social mores of

1:00:39.120 --> 1:00:42.040
<v Speaker 1>the time meant that Moybridge did not suffer professional or

1:00:42.080 --> 1:00:46.920
<v Speaker 1>personal consequences either. Today, the murder is largely a footnote

1:00:46.920 --> 1:00:50.680
<v Speaker 1>in his biography. Even his own son seems not to

1:00:50.720 --> 1:00:54.760
<v Speaker 1>have held the crime against him if he knew about it. Florado,

1:00:55.080 --> 1:00:57.760
<v Speaker 1>who seems not to have known his own mother's name

1:00:58.040 --> 1:01:01.120
<v Speaker 1>and believed her to be French, apparently loved to tell

1:01:01.160 --> 1:01:06.840
<v Speaker 1>new acquaintances that his father was a famous photographer. That's

1:01:06.880 --> 1:01:10.920
<v Speaker 1>the story of California v. Edward Moybridge. Stay with me

1:01:10.960 --> 1:01:14.360
<v Speaker 1>after the Break for a fascinating story of historical research

1:01:14.520 --> 1:01:17.800
<v Speaker 1>and discovery that illuminated the life of one of the

1:01:17.880 --> 1:01:24.440
<v Speaker 1>trial's less well known figures. History has not been kind

1:01:24.800 --> 1:01:29.080
<v Speaker 1>to Harry Larkins. He's been called a confidence man, a rogue,

1:01:29.440 --> 1:01:33.560
<v Speaker 1>and a scoundrel. Up until recently, historians writing about the

1:01:33.560 --> 1:01:38.440
<v Speaker 1>Moybridge case have relied on the judgments of Larkins's American contemporaries,

1:01:38.760 --> 1:01:40.640
<v Speaker 1>who all seemed to agree that the man was a

1:01:40.680 --> 1:01:46.040
<v Speaker 1>lovable rogue, who exaggerated his achievements and connections. His claims

1:01:46.040 --> 1:01:49.880
<v Speaker 1>of being an army major and winning military awards seemed

1:01:49.960 --> 1:01:53.760
<v Speaker 1>especially doubtful, but all of that changed thanks to the

1:01:53.800 --> 1:01:57.840
<v Speaker 1>work of British author Rebecca Gowers. Gowers is the great

1:01:57.960 --> 1:02:01.880
<v Speaker 1>great great granddaughter of Emma Larks, author of a famous

1:02:01.960 --> 1:02:05.800
<v Speaker 1>letter written during the Indian Mutiny of eighteen fifty seven.

1:02:06.280 --> 1:02:09.040
<v Speaker 1>While trying to track down the original copy of this letter,

1:02:09.640 --> 1:02:12.720
<v Speaker 1>Gowers stumbled upon a theory that one of Emma's children,

1:02:13.200 --> 1:02:16.560
<v Speaker 1>a boy named Harry Larkins Larkins spelled with an eye,

1:02:17.360 --> 1:02:21.120
<v Speaker 1>was the same man as Harry Larkins Larkins with a y,

1:02:21.760 --> 1:02:25.880
<v Speaker 1>who was murdered by Edward Moybridge. Digging into the archives,

1:02:26.320 --> 1:02:30.760
<v Speaker 1>Gowers was able to prove the theory true. This discovery

1:02:31.280 --> 1:02:35.360
<v Speaker 1>led her to uncover the true biography of Harry Larkins.

1:02:35.920 --> 1:02:39.600
<v Speaker 1>Her twenty twenty book, The Scoundrel Harry Larkins and His

1:02:39.720 --> 1:02:44.320
<v Speaker 1>Pitiless Killing by the photographer Edward Moybridge allows us for

1:02:44.360 --> 1:02:46.800
<v Speaker 1>the first time to flesh out the life of a

1:02:46.840 --> 1:02:51.280
<v Speaker 1>man who has for so long been defined by his death.

1:02:52.320 --> 1:03:01.920
<v Speaker 1>This is his story. Henry Thomas Larkins was born on

1:03:01.960 --> 1:03:07.880
<v Speaker 1>October eighteenth, eighteen forty three in Merritt, India, a town

1:03:08.000 --> 1:03:12.000
<v Speaker 1>northwest of modern day New Delhi. The city, like much

1:03:12.040 --> 1:03:15.120
<v Speaker 1>of India at this time, was controlled by the British

1:03:15.160 --> 1:03:19.400
<v Speaker 1>East India Company, an enormous corporation with its own private

1:03:19.520 --> 1:03:23.760
<v Speaker 1>army in which Harry's father was an officer. Four months

1:03:23.800 --> 1:03:27.200
<v Speaker 1>after Harry's birth, his family returned to England due to

1:03:27.240 --> 1:03:30.880
<v Speaker 1>his father's ill health. The Larkinses stayed for two years,

1:03:31.400 --> 1:03:35.400
<v Speaker 1>but eventually Harry's parents returned to India, leaving Harry and

1:03:35.480 --> 1:03:39.160
<v Speaker 1>his two sisters to be raised by relatives. The Larkinses

1:03:39.200 --> 1:03:42.160
<v Speaker 1>would send their next daughter back to England too, but

1:03:42.280 --> 1:03:46.600
<v Speaker 1>kept Harry's three youngest siblings with them in India. Not

1:03:46.760 --> 1:03:51.000
<v Speaker 1>much is known about Harry's earliest years. His sisters ended

1:03:51.080 --> 1:03:54.440
<v Speaker 1>up with their wealthy aunt, Henrietta, but Harry did not,

1:03:55.160 --> 1:03:58.120
<v Speaker 1>at least not yet. We aren't sure where he was

1:03:58.200 --> 1:04:02.240
<v Speaker 1>between the ages of three and thirteen. Though the four

1:04:02.360 --> 1:04:06.920
<v Speaker 1>elder Larkins children did not live with their parents, their parents'

1:04:07.000 --> 1:04:11.880
<v Speaker 1>influence was certainly felt, especially that of their mother, Emma,

1:04:12.360 --> 1:04:16.480
<v Speaker 1>who monitored their behavior via letter, using a point system

1:04:16.720 --> 1:04:21.080
<v Speaker 1>to weigh their moral worth. Harry does not seem to

1:04:21.120 --> 1:04:25.200
<v Speaker 1>have fared well in Emma's assessments. In the summer of

1:04:25.240 --> 1:04:29.000
<v Speaker 1>eighteen fifty seven, rebellion broke out amongst the Native Indian

1:04:29.040 --> 1:04:33.240
<v Speaker 1>troops of the British East India Company. The Larkinses, now

1:04:33.280 --> 1:04:37.480
<v Speaker 1>stationed in Conport, found themselves at the epicenter of the fighting.

1:04:38.520 --> 1:04:42.360
<v Speaker 1>They and other company families ended up besieged in the barracks.

1:04:43.160 --> 1:04:46.720
<v Speaker 1>Death seems certain, so Emma managed to write a final letter,

1:04:47.000 --> 1:04:51.080
<v Speaker 1>which she had a servant smuggle out. In this extraordinary letter,

1:04:51.440 --> 1:04:55.200
<v Speaker 1>she writes movingly to her daughter's telling them of her love.

1:04:56.120 --> 1:04:59.320
<v Speaker 1>Her note to Harry is very different. She seems to

1:04:59.320 --> 1:05:03.600
<v Speaker 1>blame him for his family's imminent death. Henry, dear boy,

1:05:03.720 --> 1:05:08.200
<v Speaker 1>Emma writes, My heart yearns over you, Oh dear boy,

1:05:08.320 --> 1:05:10.880
<v Speaker 1>If you saw the position your little brother and sisters

1:05:10.920 --> 1:05:14.240
<v Speaker 1>are in at this moment, you would weep over ever,

1:05:14.320 --> 1:05:19.320
<v Speaker 1>having pleased your own desires, seek your God and serve him.

1:05:20.040 --> 1:05:22.959
<v Speaker 1>It was the last letter Harry would ever have from

1:05:22.960 --> 1:05:26.840
<v Speaker 1>his mother. Sometime that summer, along with nearly all the

1:05:26.840 --> 1:05:30.680
<v Speaker 1>British families in conpor, Emma and George Larkins and their

1:05:30.720 --> 1:05:34.920
<v Speaker 1>three young children were killed. Thirteen year old Harry was

1:05:35.000 --> 1:05:39.160
<v Speaker 1>now an orphan. His aunt, Henrietta, who was raising his sisters,

1:05:39.320 --> 1:05:42.480
<v Speaker 1>took charge of his care. She sent him to boarding school,

1:05:42.640 --> 1:05:46.640
<v Speaker 1>first in Brussels and then in England. In eighteen fifty nine,

1:05:47.000 --> 1:05:50.200
<v Speaker 1>Henrietta secured Harry a position as a cadet in the army.

1:05:50.840 --> 1:05:54.200
<v Speaker 1>He sailed to India to join up in January eighteen sixty.

1:05:55.000 --> 1:05:59.480
<v Speaker 1>He bounced from position to position, alternately charming and infuriating

1:05:59.520 --> 1:06:02.440
<v Speaker 1>those around him. By the end of his second year

1:06:02.480 --> 1:06:06.120
<v Speaker 1>in India, Harry had somehow managed to wrap up two

1:06:06.280 --> 1:06:11.240
<v Speaker 1>thousand pounds in debts. His commanding officer wrote to Henrietta

1:06:11.400 --> 1:06:13.680
<v Speaker 1>that if she did not pay off his debts, he

1:06:13.720 --> 1:06:17.640
<v Speaker 1>would be sent to prison. His sister Alice wrote that quote,

1:06:18.080 --> 1:06:20.439
<v Speaker 1>as Harry has been in the habit of stealing all

1:06:20.480 --> 1:06:23.560
<v Speaker 1>his life, prison appears to be the best place for him.

1:06:23.720 --> 1:06:27.680
<v Speaker 1>Poor fellow. Henrietta managed to pay the enormous sum and

1:06:27.760 --> 1:06:30.680
<v Speaker 1>Harry kept his place, but was eventually forced to leave

1:06:30.720 --> 1:06:34.800
<v Speaker 1>the army five years later for disciplinary problems. In eighteen

1:06:34.880 --> 1:06:39.440
<v Speaker 1>sixty seven, aged twenty three, Harry returned to England. He

1:06:39.480 --> 1:06:43.280
<v Speaker 1>did not lose his habit of spending. A cousin describing

1:06:43.360 --> 1:06:47.640
<v Speaker 1>him at this time, said extravagance was evidently his weak point.

1:06:48.240 --> 1:06:51.800
<v Speaker 1>Endowed by nature with an excellent physique, good looks, and

1:06:51.880 --> 1:06:56.560
<v Speaker 1>a ready wit, he was nevertheless generally in debt, exhausting

1:06:56.600 --> 1:07:00.480
<v Speaker 1>the generosity of his friends and family in England, Harry

1:07:00.520 --> 1:07:03.280
<v Speaker 1>traveled to Paris, where he fell in love with a

1:07:03.280 --> 1:07:08.000
<v Speaker 1>famous courtisan. Wanting to impress the woman, Harry scammed a

1:07:08.040 --> 1:07:11.240
<v Speaker 1>jeweler into giving him diamonds, saying that he would pay

1:07:11.280 --> 1:07:14.560
<v Speaker 1>the man back later. When he didn't, he was arrested

1:07:14.600 --> 1:07:19.120
<v Speaker 1>for fraud. On the stand, Harry lied smoothly, promising it

1:07:19.160 --> 1:07:23.080
<v Speaker 1>was all the misunderstanding his wealthy friends in Paris, For

1:07:23.160 --> 1:07:26.360
<v Speaker 1>Harry always managed to make wealthy friends who loved his

1:07:26.480 --> 1:07:30.160
<v Speaker 1>stories and sense of fun, paid the jeweler back and

1:07:30.280 --> 1:07:34.760
<v Speaker 1>Harry was acquitted. Returning to England, Harry once again ran

1:07:34.840 --> 1:07:38.520
<v Speaker 1>out debts and got into legal trouble, but as usual,

1:07:38.720 --> 1:07:41.960
<v Speaker 1>he managed to charm everyone around him and evade punishment.

1:07:43.040 --> 1:07:47.400
<v Speaker 1>In eighteen seventy, perhaps searching for a greater purpose, Harry

1:07:47.440 --> 1:07:50.520
<v Speaker 1>signed up to fight for France in the Franco Prussian War.

1:07:51.280 --> 1:07:54.600
<v Speaker 1>For some reason, he enlisted as Harry Larkins with a

1:07:54.800 --> 1:07:57.840
<v Speaker 1>y instead of an eye, which is the name he

1:07:57.960 --> 1:08:02.160
<v Speaker 1>is now best known by. Harry fought valiantly for France,

1:08:02.680 --> 1:08:06.560
<v Speaker 1>using his facility for languages he spoke good French and German,

1:08:07.120 --> 1:08:11.680
<v Speaker 1>and his charisma to execute daring spy missions. He was

1:08:11.680 --> 1:08:15.320
<v Speaker 1>promoted to Squadron Leader, the equivalent rank of a major

1:08:15.360 --> 1:08:19.120
<v Speaker 1>in the British Army, and though historians have long doubted

1:08:19.120 --> 1:08:22.880
<v Speaker 1>his military credentials, calling his desire to be called Major

1:08:22.960 --> 1:08:27.559
<v Speaker 1>Larkins a vanity, he earned the title. He also earned

1:08:27.560 --> 1:08:31.160
<v Speaker 1>the Legion of Honor, the highest French order of merit,

1:08:31.360 --> 1:08:35.439
<v Speaker 1>which he was awarded in April eighteen seventy one. After

1:08:35.479 --> 1:08:38.880
<v Speaker 1>the war, Harry traveled to America, going first to New

1:08:38.960 --> 1:08:42.599
<v Speaker 1>York before heading west to Nevada. After Nevada, he went

1:08:42.640 --> 1:08:44.599
<v Speaker 1>to Salt Lake City, where he met up with Arthur

1:08:44.680 --> 1:08:49.000
<v Speaker 1>Neil and traveled to San Francisco. Months later, he wound

1:08:49.080 --> 1:08:51.679
<v Speaker 1>up as the theater critic for the San Francisco Evening

1:08:51.720 --> 1:08:56.599
<v Speaker 1>Post and walked into Bradley and Rulufsen's gallery, met Flora

1:08:56.680 --> 1:09:02.040
<v Speaker 1>and Edward Moybridge and sealed his fate. Harry Larkins was

1:09:02.080 --> 1:09:06.599
<v Speaker 1>a rogue yes, and even a scoundrel. He scammed people,

1:09:07.360 --> 1:09:10.960
<v Speaker 1>he lived beyond his means. He got by on charm

1:09:11.200 --> 1:09:16.439
<v Speaker 1>and false promises and pretenses of sophistication. But despite his flaws,

1:09:16.920 --> 1:09:19.760
<v Speaker 1>he did not lie about everything. He did come from

1:09:19.800 --> 1:09:24.120
<v Speaker 1>a wealthy family, he was a military hero, and he

1:09:24.160 --> 1:09:29.759
<v Speaker 1>did truly love Flora Weybridge. None of that stopped Edward

1:09:29.800 --> 1:09:33.680
<v Speaker 1>Moybridge from killing him, or a jury from acquitting Moybridge,

1:09:34.080 --> 1:09:37.240
<v Speaker 1>and none of that stopped the historical record from disparaging

1:09:37.240 --> 1:09:41.640
<v Speaker 1>his character for decades until a persistent and determined researcher

1:09:42.200 --> 1:09:47.240
<v Speaker 1>unearthed the truth. Thank you for listening to History on Trial.

1:09:47.800 --> 1:09:50.880
<v Speaker 1>The main sources for this episode were Rebecca Gowers's book

1:09:51.040 --> 1:09:53.960
<v Speaker 1>The Scoundrel Harry Larkins and his Pitiless Killing by the

1:09:53.960 --> 1:09:58.320
<v Speaker 1>photographer Edward Moybridge, and Edward Ball's book The Inventor and

1:09:58.360 --> 1:10:01.439
<v Speaker 1>the Tycoon, A Gilded Age Murder and the Birth of

1:10:01.479 --> 1:10:05.479
<v Speaker 1>Moving Pictures. I am grateful to Rebecca Gowers for her

1:10:05.520 --> 1:10:08.639
<v Speaker 1>help in resolving several questions I had about the case,

1:10:09.240 --> 1:10:12.400
<v Speaker 1>and would highly recommend her book to learn more about

1:10:12.400 --> 1:10:17.560
<v Speaker 1>the lives of both Harry and Flora. For a full bibliography,

1:10:17.920 --> 1:10:20.600
<v Speaker 1>as well as a transcript of this episode with citations,

1:10:21.080 --> 1:10:26.760
<v Speaker 1>please visit our website History on Trial podcast dot com.

1:10:27.080 --> 1:10:30.960
<v Speaker 1>History on Trial is written and hosted by me Mira Hayward.

1:10:31.560 --> 1:10:34.640
<v Speaker 1>The show is edited and produced by Jesse Funk, with

1:10:34.760 --> 1:10:40.440
<v Speaker 1>supervising producer Trevor Young and executive producers Dana Schwartz, Alexander Williams,

1:10:40.760 --> 1:10:44.439
<v Speaker 1>Matt Frederick, and Mira Hayward. Learn more about the show

1:10:44.520 --> 1:10:48.479
<v Speaker 1>at History on Trial podcast dot com and follow us

1:10:48.520 --> 1:10:52.799
<v Speaker 1>on Instagram at History on Trial and on Twitter at

1:10:53.040 --> 1:10:58.240
<v Speaker 1>Underscore History on Trial. Find more podcasts from iHeartRadio by

1:10:58.320 --> 1:11:02.599
<v Speaker 1>visiting the iHeartRadio app, Apple Podcasts, or wherever you listen

1:11:02.640 --> 1:11:05.120
<v Speaker 1>to your favorite shows.