A Unique Defense
Anniss Merrill, one of Choate’s junior counsel, delivered the opening argument for the defense and offered the possibility that Bickford committed suicide, an end that was “almost the natural death for persons of her character.” The nature of the wounds meant suicide was unlikely, but Choate and his team remained on the offensive. Perhaps there was another killer? A fireman testified that Joel Lawrence initially tried to keep him out of the room. Was Lawrence hiding something?
However, Choate’s big surprise was yet to come. As he was plotting Tirrell’s defense, Choate came up with a daring tactic: Claim that Tirrell was a chronic sleepwalker and suggest that he committed the act while in a sleeping state which meant he couldn’t be held responsible for his actions. No one had used this kind of defense in American legal history, but Choate believed he could pull it off.
Once he introduced the sleepwalking defense, Tirrell’s family and friends were called to testify, and each of them recounted his strange behavior while asleep. According to these witnesses, Tirrell was a chronic sleepwalker and had been since the age of six. Moreover, these spells became more frequent and more severe as he grew older. One cousin even claimed that in September 1845, Tirrell pulled him out of bed and threatened him with a knife, all while asleep. According to the Dean of Harvard Medical School, Walter Channing, who was called to testify, it was possible for someone to wake up in a somnambulistic state, get dressed, commit murder, set fire to a room, and make his escape.
The Acquittal
On day four of the trial, Choate brought proceedings to a close. He promised not to keep the jury waiting then proceeded to speak for five hours before having a break followed by another 90-minute closing speech. Choate used the time to ridicule the case of the prosecution and reiterate the sleepwalking defense.
On 28 March, the judge spoke for 90 minutes, and it was becoming clear that Choate’s defense would be successful. The judge reminded the jury about Bickford’s life as a prostitute and suggested somnambulism was a form of insanity. The jury deliberated for two hours and returned their verdict: Not Guilty. Those who were packed into the courtroom jumped up and started applauding while Tirrell burst into tears of relief.
However, he was not quite off the hook. Tirrell also faced charges of arson which was a capital crime in Boston at that time. While Choate used the somnambulism defense to secure another acquittal, the judge sentenced Tirrell to three year’s hard labor for the crimes of adultery and lascivious cohabitation.
Tirrell showed his gratitude by writing a letter to Choate demanding half his legal fees back as a refund. His rationale? It had been too easy for Choate to persuade the jury he was innocent. Tirrell lived the rest of his life in anonymity and died in 1880. Only Tirrell and his defense team know if he killed Bickford while sleepwalking or if it was simply a case of cold-blooded murder.