Albert Jackson Tirrell: The Sleepwalking Killer

Albert Jackson Tirrell was born 23 Feb 1824 in Weymouth, MA. To Leonard  Tirrell(1788-1843) & Abigail Thayer (1793-1872).



Albert was married to Orient Humphrey Tirrell (1824-1894) (probably a distant cousin). They married in 1843 and had 2 children. 

Albert was the black sheep of the family, he drank too much and he would frequent brothels on a regular bases, sometimes staying there for weeks at a time. 



In 1845 he left his wife to be with Maria Bickford (also married, to James Bickford, and also in her early 20s), a prostitute living in a Boston brothel. Albert fell in love with her, his affection was returned and they became constant companions, living together as husband and wife. Although they were constantly together and traveled together using different names, she never abandoned her profession, much to his dislike. They had violent quarrells.



He took up drinking a demijohn of rum one evening. 






On October 27, 1845 Albert Tirrell was alleged to have visited Bickford’s bedroom and slit her throat from ear to ear – almost decapitating her. He then set three fires in the brothel. The owner awoke, discovered Maria Bickford’s body and called the police. Several people witnessed Tirrell entering and leaving the building but there were no eyewitnesses to the murder.
Albert fled to the Boston docks and and joined a ship's crew and sailed away as a common seaman. 27 Feb 1846 he was apprehended a board the schooner Cathay in New York and was returned to Boston.





He covered her with a sheet before setting the fire.


Defendant: Albert J. Tirrell
Crime Charged: Murder
Chief Defense Lawyer: Rufus Choate
Chief Prosecutor: Samuel D. Parker
Judges: Dewey, Hubbard, and Wilde (No record of first names)
Place: Boston, Massachusetts

Dates of Trial: March 26-30, 1846





 His parents hired Rufus Choate, a famous Boston attorney who was noted for the innovative defense strategies he employed to acquit his clients.


Rufus Choate

Born: October 1, 1799, Ipswich, MA
Died: July 13, 1859, Halifax Regional Municipality, Canada
Party: Whig Party
Previous office: Senator, MA (1841–1845)

Education: Harvard University, Dartmouth College, Harvard Law School


https://www.newspapers.com/clip/45982814/albert-tirrell/

Although many witnesses could testify to Albert Tirrell's affair with Bickford and to the presence of Tirrell at the brothel that evening, there were no eyewitnesses to the actual crime. Choate emphasized to the jury that no matter how overwhelming the evidence of Tirrell's presence at the brothel that evening, the evidence was all circumstantial, as no one had seen Tirrell kill Bickford. Moreover, Choate argued, Tirrell had no motive to kill Bickford.

Choate set forth two possible explanations for the jury to consider. The first was that Maria Bickford could have committed suicide, that there was no proof that she did not "in the frenzy of the moment, with giant strength, let out the scream of life..." However, the brutality of the slashing made this explanation implausible, so Choate turned to an alternative explanation, that Albert Tirrell, as a habitual sleepwalker, could have murdered Maria Bickford under the influence of a nightmare or a trance. In the 1840s there were no medical explanations for sleepwalking and medical experts differed over its cause. With oratorical flourish, Choate read to the jury popular treatises with descriptions of violence attributed to sleepwalking, while reminding them that if they returned a guilty verdict, Tirrell would certainly be executed even if there existed a remote chance that he was innocent. Meanwhile, the Boston newspapers sensationalized the trial, arguing that Albert Tirrell was guilty.

After less than two hours of deliberation, on March 30, 1846, the jury returned its verdict of not guilty.

Rufus Choate convinced the jury that Tirrell did not cut Maria Bickford's throat, or, if he did so, he did it while sleepwalking, under the 'insanity of sleep.'  Choate successfully used the same 'insanity of sleep' defense in a second trial to acquit Albert Tirrell on the arson charges for setting fire to the brothel. These acquittals were the first in the history of American law that sleepwalking was successfully used as a defense.





1850 census he is living with his and 2 children:
Catherine A Tirrell
Age7

Abby L Tirrell
Age 6


1860 census he is living with his wife Orient and 2 children:

Benton Tirrell
Charles A Tirrell

1880 census he is living with his wife and is unemployed.


Albert died 12 Sep 1880 Weymouth, MA


Sleepwalking
Massachusetts v. Tirrell (1846, Boston)—acquitted
Arizona v. Falater (1999)—convicted
R. v. Parks [1992] 2 S.C.C.R. 871; 95 D.L.R. (4th) 27—acquitted, *landmark case
Indiana v. McLain (1993) —convicted
US v. Clayton (2000)—convicted
California v Reitz (2004)—convicted and upheld on appeal
R. v. Lowe (2005, Manchester, England)—acquitted
R. v. Catling (2005, Dorset, England)—convicted and upheld on appeal
Pennsylvania v. Ricksgers (1993)—convicted


I was surprised that there wasn't very many family trees having his criminal activity attached. Interesting how he got away with murder. I didn't find out any further information on JAmes Bickford or their children, she did lose one in its infancy.



Comments

  1. But if he died in 1880 how was he a private in the army in 1890

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