4. Was America’s First Successful Sleepwalking Defense a Miscarriage of Justice?

People in a somnambulistic state are capable of complex actions. However, Albert Tirrell’s failed attempts to set fire to the brothel after the murder demonstrate that he tried to destroy evidence of his crime and cover his tracks. Such actions indicate that he was well aware of his actions and their consequences. However, sleepwalkers do not try to destroy evidence of their crimes while sleepwalking. Tirrell was probably guilty of the murder of Maria Bickford. He was almost 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 get away with a sleepwalking defense.



