Rufus Choate was the first person to successfully use the sleepwalking defense in a sensational 19th-century trial for a man accused of murdering a prostitute.
Rufus Choate was born in Ipswich, Mass., on Oct. 1, 1799 to an old New England family. He graduated as class valedictorian from Dartmouth College and spent a year at Harvard Law School. He was an orator, lawyer, U.S. senator from Massachusetts and a strong ally of Daniel Webster.
But perhaps nothing he did earned him as much celebrity as his defense of 22-year-old Albert Tirrell. Tirrell came from a respectable family in Weymouth, Mass. He was married with two children, but in 1845 he left his family for Maria Bickford, 21, a prostitute in a Boston brothel on Mount Vernon St. They lived together as man and wife, though she never abandoned her profession.
Tirrell wasn’t happy about Maria's choice not to retire. On Oct. 27, 1845, she was found murdered in her room, her throat slashed so savagely her head was nearly separated from her body. Tirrell fled to New Orleans. Ten days later he was arrested and brought to Boston for trial.
The evidence against him was strong. Not only had he been seen entering and leaving the brothel, bits of his clothes and his cane were found at the crime scene. The Boston newspapers sensationalized the trial, concluding Tirrell was guilty.
His parents hired Rufus Choate to defend him. Choate argued no one had witnessed the crime, and all the evidence was circumstantial.Further, he argued Tirrell had no motive to kill Mary Bickford, but if he did, he would have done it while sleepwalking. Little was known about sleepwalking then, and Choate read to the jury accounts of violent actions by sleepwalkers. He concluded his closing argument with a rhetorical flourish:
Every juror, when he puts into the urn the verdict of guilty, writes upon it also, -- Let him die… Under the iron law of old Rome, it was the custom to bestow a civic wreath on him who should save the life of a citizen. Do your duty this day, gentlemen, and you too, may deserve the civic crown.
The jury took two hours to deliver a not guilty verdict on March 30, 1846. Tirrell then tried to get a refund of half of Choate’s legal fees because his innocence was so obvious.
Rufus Choate died at age 59 on July 13, 1859.