11. A Rich Man Who Got Away With Murder

After Choate delivered a six-hour closing argument, the jury retired to deliberate, and returned two hours later with a not guilty verdict on grounds that Tirrell was unaware of his actions at the time, and was thus not legally responsible. Other defendants in subsequent years were acquitted based on a sleepwalking defense. Ironically, America’s first successful sleepwalking defense was probably a sham. People in a somnambulistic state are capable of complex actions. However, Tirrell’s failed attempts to torch the brothel after the murder demonstrate that he sought to destroy evidence of his crime and cover his tracks.

Such behavior indicates that Tirrell was well aware of his actions and their consequences. Sleepwalkers though do not try to destroy evidence of their crimes while sleepwalking. The rich scion was probably guilty of the murder of Maria Bickford. He was certainly guilty of the attempted arson of the brothel and the consequent attempted murder of its occupants, or at least the reckless endangerment of their lives. Today, it is highly unlikely that a defendant in similar circumstances would be acquitted on a sleepwalking defense.



