7. America’s First Sleepwalking Defense
Rufus Choate argued that Albert Tirrell was a chronic sleepwalker. If he had actually killed Mrs. Bickford, then he must have done so while in a somnambulistic state. As such, he would have been unaware of his actions and so could not be held legally responsible. Defense witnesses testified that they had spoken with Tirrell on the morning of the murder, and that he seemed to have been in a trance, sounding weird and appearing “in a strange state, as if asleep, or crazy“. One witness testified that he had spoken with Tirrell when the defendant arrived in his hometown of Weymouth, claiming to be fleeing from an adultery indictment. When the witness told Tirrell that Maria Bickford had been brutally murdered, the defendant seemed genuinely shocked. As seen below, Choate also attacked the victim and her character.
