6. Attacking the Victim’s Character to Acquit Her Killer

Rufus Choate argued that Maria Bickford could have committed suicide after she ensnared the hitherto innocent Tirrell with her charms, and seduced him away from his wife and children. As Choate pointed out, it was common for prostitutes to kill themselves in disgust and despair over their lifestyle and profession. An implied but unstated subtext to the argument pitched by Tirrell’s lawyer was that “fallen women” such as Maria Bickford might be better off dead, anyhow. That resonated with the jurors’ cultural mores. At a time of disquiet over the recent proliferation of “fallen women” handing their cards to passersby on city streets, it was easy to convince them that the victim was as morally culpable as her murderer. After Choate delivered a six-hour closing argument, the jury retired to deliberate.



