Albert Tirrell
Encyclopedia
Albert Jackson Tirrell was a man whose trial for the murder
of the prostitute for whom he had left his wife scandal
ized Boston
society in 1846. He used sleepwalking
as a defense
against charges of murder, marking the first time in American legal history
that this defense was successful in a murder prosecution.
, married and living with his wife and two children. He was known to be unfaithful, and in 1845 he left his wife to be with Maria Bickford (also married and also in her early 20s), a prostitute living in a Boston brothel
. Tirrell fell in love with her, his affection was returned and they became constant companions, living together as husband and wife
. Although they were constantly together and traveled together using different names, she never abandoned her profession, much to his dislike.
Early one morning, after loud noises emanating from her rooms, Bickford was found brutally murdered. Tirrell, having last been seen with her, was accused of her murder. His parents hired Rufus Choate
, a famous Boston attorney who was noted for the innovative defense strategies he employed to acquit
his clients.
, slit her throat from ear to ear, so brutally that her head was nearly severed from her body. He also allegedly set three fires in the brothel, which awakened the owner, who discovered the body of Bickford and called the police
. As several people had witness
ed the entrance and leaving of the brothel by Tirrel, the police began a search but Tirrell had fled. He was arrested on November 6 in New Orleans, Louisiana
, and returned to Boston for trial.
Public outrage was fed by sensational newspaper accounts describing the evidence against Tirrell. Not only had he left his wife to live with Bickford and was under a charge of adultery, he had been seen on the premises in the hours before the body was found. A bloody razor lay near her body, bits of Tirrell's clothing and his cane were at the crime scene, and fires had been set nearby as if to destroy evidence.
es to the actual crime. Choate emphasized to the jury that no matter how overwhelming the evidence of Tirrell's presence at the brothel that evening, the evidence was all circumstantial
, as no one had seen Tirrell kill Bickford. Moreover, Choate argued, Tirrell had no motive
to kill Bickford.
Choate set forth two possible explanations for the jury
to consider. The first was that Bickford could have committed suicide
, that there was no proof that she did not "in the frenzy of the moment, with giant strength, let out the scream of life..." However, the brutality of the slashing made this explanation implausible, so Choate turned to an alternative explanation, that Tirrell, as a habitual sleepwalker, could have murdered Bickford under the influence of a nightmare or a trance
. In the 1840s there were no medical explanations for sleepwalking and medical experts differed over its cause. With oratorial
flourish, Choate read to the jury popular treatises with descriptions of violence attributed to sleepwalking, while reminding them that if they returned a guilty verdict, Tirrell would certainly be executed
even if there existed a remote chance that he was innocent. Meanwhile the Boston newspaper
s sensationalized
the trial, arguing that Tirrell was guilty.
After less than two hours of deliberation, on March 30, 1846 the jury returned its verdict of not guilty.
, under the 'insanity of sleep'. Choate successfully used the same 'insanity of sleep' defense in a second trial to acquit Tirrell on the arson
charges for setting fire to the brothel. These acquittals were the first in the history of American law that sleepwalking was successfully used as a defense.
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of the prostitute for whom he had left his wife scandal
Scandal
A scandal is a widely publicized allegation or set of allegations that damages the reputation of an institution, individual or creed...
ized Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
society in 1846. He used sleepwalking
Sleepwalking
Sleepwalking, also known as somnambulism, is a sleep disorder belonging to the parasomnia family. Sleepwalkers arise from the slow wave sleep stage in a state of low consciousness and perform activities that are usually performed during a state of full consciousness...
as a defense
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
against charges of murder, marking the first time in American legal history
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
that this defense was successful in a murder prosecution.
Background
Tirrell was son of a respectable family in Weymouth, MassachusettsWeymouth, Massachusetts
The Town of Weymouth is a city in Norfolk County, Massachusetts, United States. As of the 2010 census, Weymouth had a total population of 53,743. Despite its city status, it is formally known as the Town of Weymouth...
, married and living with his wife and two children. He was known to be unfaithful, and in 1845 he left his wife to be with Maria Bickford (also married and also in her early 20s), a prostitute living in a Boston brothel
Brothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...
. Tirrell fell in love with her, his affection was returned and they became constant companions, living together as husband and wife
Cohabitation
Cohabitation usually refers to an arrangement whereby two people decide to live together on a long-term or permanent basis in an emotionally and/or sexually intimate relationship. The term is most frequently applied to couples who are not married...
. Although they were constantly together and traveled together using different names, she never abandoned her profession, much to his dislike.
Early one morning, after loud noises emanating from her rooms, Bickford was found brutally murdered. Tirrell, having last been seen with her, was accused of her murder. His parents hired Rufus Choate
Rufus Choate
Rufus Choate , American lawyer and orator, was born in Ipswich, Massachusetts, a descendant of an English family which settled in Massachusetts in 1643. His first cousin, physician George Choate, was the father of George C. S. Choate and Joseph Hodges Choate...
, a famous Boston attorney who was noted for the innovative defense strategies he employed to acquit
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
his clients.
Circumstances
On October 27, 1845 Tirrel was alleged to have visited Bickford's bedroom after that evening's last customer had left and, using a razorRazor
A razor is a bladed tool primarily used in the removal of unwanted body hair through the act of shaving. Kinds of razors include straight razors, disposable razors and electric razors....
, slit her throat from ear to ear, so brutally that her head was nearly severed from her body. He also allegedly set three fires in the brothel, which awakened the owner, who discovered the body of Bickford and called the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
. As several people had witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
ed the entrance and leaving of the brothel by Tirrel, the police began a search but Tirrell had fled. He was arrested on November 6 in New Orleans, Louisiana
New Orleans, Louisiana
New Orleans is a major United States port and the largest city and metropolitan area in the state of Louisiana. The New Orleans metropolitan area has a population of 1,235,650 as of 2009, the 46th largest in the USA. The New Orleans – Metairie – Bogalusa combined statistical area has a population...
, and returned to Boston for trial.
Public outrage was fed by sensational newspaper accounts describing the evidence against Tirrell. Not only had he left his wife to live with Bickford and was under a charge of adultery, he had been seen on the premises in the hours before the body was found. A bloody razor lay near her body, bits of Tirrell's clothing and his cane were at the crime scene, and fires had been set nearby as if to destroy evidence.
Trial
Although many witnesses could testify to Tirrell's affair with Bickford and to the presence of Tirrell at the brothel that evening, there were no eyewitnessWitness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es to the actual crime. Choate emphasized to the jury that no matter how overwhelming the evidence of Tirrell's presence at the brothel that evening, the evidence was all circumstantial
Circumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
, as no one had seen Tirrell kill Bickford. Moreover, Choate argued, Tirrell had no motive
Motive (law)
A motive, in law, especially criminal law, is the cause that moves people to induce a certain action. Motive, in itself, is not an element of any given crime; however, the legal system typically allows motive to be proven in order to make plausible the accused's reasons for committing a crime, at...
to kill Bickford.
Choate set forth two possible explanations for the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
to consider. The first was that Bickford could have committed suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
, that there was no proof that she did not "in the frenzy of the moment, with giant strength, let out the scream of life..." However, the brutality of the slashing made this explanation implausible, so Choate turned to an alternative explanation, that Tirrell, as a habitual sleepwalker, could have murdered Bickford under the influence of a nightmare or a trance
Trance
Trance denotes a variety of processes, ecstasy, techniques, modalities and states of mind, awareness and consciousness. Trance states may occur involuntarily and unbidden.The term trance may be associated with meditation, magic, flow, and prayer...
. In the 1840s there were no medical explanations for sleepwalking and medical experts differed over its cause. With oratorial
Oratory
Oratory is a type of public speaking.Oratory may also refer to:* Oratory , a power metal band* Oratory , a place of worship* a religious order such as** Oratory of Saint Philip Neri ** Oratory of Jesus...
flourish, Choate read to the jury popular treatises with descriptions of violence attributed to sleepwalking, while reminding them that if they returned a guilty verdict, Tirrell would certainly be executed
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
even if there existed a remote chance that he was innocent. Meanwhile the Boston newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
s sensationalized
Sensationalism
Sensationalism is a type of editorial bias in mass media in which events and topics in news stories and pieces are over-hyped to increase viewership or readership numbers...
the trial, arguing that Tirrell was guilty.
After less than two hours of deliberation, on March 30, 1846 the jury returned its verdict of not guilty.
Significance
Rufus Choate convinced the jury that Tirrell did not cut Bickford's throat, or, if he did so, he did it while sleepwalkingSleepwalking
Sleepwalking, also known as somnambulism, is a sleep disorder belonging to the parasomnia family. Sleepwalkers arise from the slow wave sleep stage in a state of low consciousness and perform activities that are usually performed during a state of full consciousness...
, under the 'insanity of sleep'. Choate successfully used the same 'insanity of sleep' defense in a second trial to acquit Tirrell on the arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
charges for setting fire to the brothel. These acquittals were the first in the history of American law that sleepwalking was successfully used as a defense.