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What's a good defense?

Murder, lies, alibis...and somnambulism.


What is somnambulism, you may ask? That is the tough to say word for sleepwalking. Are you a sleepwalker? Have you done weird things while sleepwalking? Have you done anything dangerous while sleepwalking? Have you killed anyone while sleepwalking? Please don't answer the last one...I don't need to know.


Well, let's sleepwalk back to the mid 1800s Maine and Massachusetts. Mary Ann Dunn - also known as Maria - was born in Bath, Maine, and moved to Bangor, Maine, with her family when she was a teenager. At 16, she met and married James Bickford, a shoemaker. I'm so glad times have changed...who the hell is ready for marriage at 16? In 1842, some of Mary Ann's friends talked her into going to Boston, Massachusetts with them. She fell in love with Boston - the fashion, the liveliness of the city, all the glitz and glamour. She came back to Bangor, Maine, unhappy and wanting to go back to Boston. She told James that she wanted to move to Boston permanently. A young man happened to catch her eye and she started flirting with him. In October they ran off to Newburyport, Massachusetts, leaving James behind.


James Bickford later wrote: Ere she became acquainted with this man she was one of the most virtuous of her sex, but his insinuating plausibility quickly drew her into a whirlpool of vice.


The new lover soon abandoned Maria and she turned to prostitution to make her way. She worked in brothels first in Boston then in New Bedford. While in New Bedford, she met Albert Tirrell and they began traveling together.


Wonderful, right? Not really.... Albert Tirrell was a married man with a child while he was with Maria Bickford. Perhaps they were meant for each other as neither one ever divorced their spouses. Just sayin'...


Albert was the son of a prominent Weymouth shoe manufacturer who had also served 12 years in the Massachusetts state legislature. When his father died, Albert inherited $8000, which was a lot of money back in 1844. Unfortunately, Albert spent it all on Maria's new lavish lifestyle. He bought her whatever she wanted, they stayed at the fanciest hotels when traveling. Albert and Maria rented a house in Boston which Maria ran as a brothel under the name Maria Welsh. During this time, Maria wrote to her husband, James, that Albert was abusing her and she wanted to get away from him. Seriously...what the hell is James supposed to do about that? She left him, remember? I wouldn't blame James if he had received and ripped up the letter. Sorry, Maria, but duh!!!


Anyhoo...after a quarrel between Maria and Albert in June 1845, Albert broke up with Maria. Shortly after, he was arrested for adultery and lascivious cohabitation. Not sure if Albert forgot that he was married as well...good lord, dude!


By October 1845, Maria Bickford was living in a boarding house on Cedar Lane in Beacon Hill. While out on bail on October 26, Albert visited Maria at the boarding house. The owners of the house, Joel Lawrence and his wife, saw Maria and Albert arguing that day. Around 5:00 a.m. the next morning, the Lawrences heard a shriek and then a heavy thud that came from upstairs. Someone was then heard rushing down the stairs and out the door.


When they went to see what happened, the Lawrences found Maria Bickford on the floor with her throat cut. Remember this for later....her windpipe and jugular vein were severed. Someone had also attempted to start some fires in the room and Maria's face and hair had been burned. Blood splatter was all over the walls and a bloody razor was found at the foot of the bed. There were some men's clothing in the room along with a letter initialed A.J.T. to M.A.B.


Albert Tirrell was seen at a stable requesting a horse around 5:30 that morning. He was on his way to Weymouth, explaining that he had gotten into a little difficulty and wanted to go to his wife's father. I'm actually wondering if his wife or any of her family wanted anything to do with Albert at all during this time. Tirrell went from Weymouth on through Vermont and then to Canada. When in Montreal, he wrote his family that he was bound for Liverpool. Dumbass! If you want to get lost, don't talk!


While he was on a boat, it had to turn back due to bad weather. So now Albert landed in New York City where he booked passage on a boat to New Orleans. Guessing he still didn't keep his mouth shut as authorities were notified in Louisiana and they were able to arrest Albert Tirrell on December 5.


During the time that Albert was a fugitive public opinion in Boston actually sided with Maria and many were praying for the capture and arrest of Albert Tirrell. By the time of the trial in March 1846, public opinion had changed and now people were against Maria...thinking of her as an evil seductress who took advantage of Albert. Yes...Maria must have been soooooooo evil and I'm sure Albert had absolutely no control over any decisions he made. Whatever!


There was strong circumstantial evidence again Albert Tirrell. His family hired a high-powered defense team led by former US Senator, Rufus Choate.


The prosecution had testimony from the Lawrences and other residents of the boarding house. The defense questioned witnesses who ended up tarnishing the reputation of the Lawrences and the other residents. A lot of that testimony was ruled as hearsay, but it impacted the jury anyway. The defense also brought in witnesses who testified that Albert was a good, upstanding man before the "harlot" Maria ruined him. Yes...I'm sure this pillar of the community would never have ruined himself.


Rufus Choate offered three different scenarios to the jury for the cause of Maria's death. The first scenario was that Maria had killed herself. I bring you back to the findings of her death...her windpipe and jugular veins were sliced through. The coroner actually testified that suicide was "the natural death of the prostitute". Ummm...excuse me? What the hell does that mean? Not to mention that I just don't know if someone would have the courage and the strength to do sever their own windpipe and jugular veins. The other part I question is where was the razor lying in accordance to the body? If Maria killed herself and the razor was on the bed away from the body, how did it get there? I just have so many questions with this scenario.


The second option brought up by the defense was that someone else had killed her. A lot of that was due to a fireman testifying that Joel Lawrence had at first tried to keep him out of Maria's room, therefore, insinuating that that would mean that someone else must have killed Maria. Ummm....okaaayyyyyy.


The third scenario is that Albert Tirrell killed Maria while he was sleepwalking. The defense came forward with witnesses who claimed that Albert had suffered from somnambulism all his life - most of the witnesses being relatives and friends. One cousin testified that in September 1845, Albert pulled said cousin out of bed while sleepwalking and Albert was brandishing a knife. Overall, do I believe someone could commit murder while sleepwalking...I just don't know. Overall, the defense said that Albert was not responsible for his actions during sleepwalking. I'm not sure how I feel about that either.


On March 27, Rufus Choate gave his closing arguments. He started off telling the jury that he wouldn't take up much of their time and ended up speaking for 5 hours before court broke for dinner, and then spoke for another hour and a half after they came back. I laugh at this because it sounds like how I talk to people and I always try to stick with "to make a long story short" and epically fail!!!


Mr. Choate talked about Maria's "depraved" character and stated that somnambulism was a form of insanity. What???


The jury deliberated for two hours and came back with a verdict of not guilty on the murder charge. Albert Tirrell was also found not guilty on the arson charges. He tried to plead no contest to the adultery and lascivious cohabitation charges, but the judge said no, no, this will stay. Albert was sentenced to three years of hard labor in the state prison for the adultery and lascivious charges. At least they got him on something.


Rufus Choate officially became the lawyer that introduced the sleepwalking defense. At Choate's funeral, attorney Wendell Phillips said in his eulogy that Rufus Choate was the lawyer who "made it safe to murder".


What are your thoughts? Do you believe Albert could have murdered Maria during a sleepwalking episode? I personally believe he murdered Maria knowing full well what was going on. That is just my opinion... Sweet dreams!!!


-- Audre



Photo by: Murder by Gaslight




Photo by: Murder by Gaslight



Photo by: Murder by Gaslight



Sources:

Murderbygaslight.com

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