The Thompson Murder: The Trial

This is the continuation of a previous post. 

THE FARMINGTON MURDER

Examination of Moisture and Smith—

They are Held for Trial

The trial of Henry Smith and Theodore Moister for the murder of Luther G. Thompson began on January 8, 1867 in Farmington, CT. They had been held in a local jail for week after their arrest. The courtroom was crowded, and the men were represented by S.F. Jones and Mr. Cowles.

During the following discussion, we have to remember that the Thompson women had been through a traumatic event which had taken place two and a half months before.

When she came to the stand, Mrs. Thompson’s testimony was confused and confusing. The Times wrote in a sort of short-hand which makes it difficult to parse out the actual testimony. Instead of assuming she was speaking of the same person in each context, I’m going to call them the walking man (the one who passed by the house on Saturday afternoon), the caller (the one who knocked and asked for assistance Saturday evening), and Smith. She seems to have had little to no knowledge about Moister.

Mrs. Thompson testified that on the afternoon of the murder, the Thompson family had seen a man walk up the hill by their house and back down again. She said that the walking man was about the same size as the caller; and noted that the walking man had a round top hat and a black coat and she believed him to be Smith, who she pointed out in the courtroom. She also believed that she had never seen the walking man before that Saturday, but did see him on Sunday when the police brought him to her house and asked if she and Mary recognized him as the caller.

She was convinced that she had never seen the walking man before Saturday afternoon. She saw him from far away and noticed that he had light blonde hair. The walking man was also about the same height as Smith, and Smith’s height was about the same as the caller. She further described the walking man’s clothing, saying he wore a loose overcoat, dark pants, and a round-top hat. She though she recognized the coat Smith wore on Sunday as the same as the walking man’s.

Mrs. Thompson explained, in an incredible roundabout way that in her mind the walking man was Smith; that the walking man, Smith, and the caller were the same size; and that all three wore similar clothing. Below, I have added a couple of fashion plates from Harper’s Bazaar from this decade. If you saw one of these men from afar, would you recognize them when close up?

While Mrs. Thompson later thought she recognized Smith as the walking man, on the day the police brought him to her home she told the police she did not recognize him.   

Luther’s sister Mary testified next. Her testimony is less convoluted than her mother’s, but still somewhat unconvincing. She claimed that she saw the caller face-on and that “Smith is the man” who came to their door asking for assistance with his wagon. She recognized his voice, face, and clothing. She also noted that the walking man was the same size as Smith and that he had on a large black coat and round top hat, just as her mother testified the walking man wore.

While this testimony seems damning, the rest of her statement loses steam. On Sunday, she did see Smith at her house. “I think he was the same man that called in the evening [but] did not tell [the police] it was the same man[.] [I] think I then had a little doubt.” She then goes on to say that at an examination three weeks after the murder she “recognized [Smith’s] voice” as that of the caller. The day after the murder, neither woman mentioned that they recognized Smith as the caller or the strange, yet apparently memorable walking man. Why would they keep quiet on such an important detail?

Henry Hawley, one of the neighbors who was called upon to search for the body, testified next. Hawley discussed the placement of the body, the state of the road, and the nature of the traffic that went by on the evening of the murder. The most pertinent information was that two men in a wagon stopped, offered no help, and answered the man’s inquiries in an evasive manner.

Both Hawley and selectman Winthrop Wadsworth mentioned the wagon tracks near the body, saying that they had similar measurements (but not exactly the same) to a wagon that Moister and Smith owned.

Wadsworth continued the next morning. His testimony included a lengthy statement on the dress of Moister and Smith, especially that which they wore on Sunday to the Thompson’s house. Several others were called to discuss the events in the area on the night of the murder, most of which were mentioned earlier.

The judge in the case found just cause and bound the men in the Hartford jail until a March jury trial could be scheduled. Moister and Smith languished in jail until April 2, 1867, when the Superior Court addressed the crime. After a full day of listening to the same witnesses giving the same testimony as the previous trial, State Attorney Hubbard stated, “he did not consider the body of evidence against the prisoners of such weight as to make it worth while to refer it to the decision of the jury.” The case was nolled*.

Moister and Smith went free.

Let me know in the comments what you think of the results!

*nolle prosequi. (no-lay pro-say-kwee) n. Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped.