The New York herald., 1846-03-29
TRIAL OF ALBERT ]. TIRRELL,
FOR THE
Murder of Maria Ann Bickford,
IN BOSTON.

MuIQ0r OF mara Ann b1CktOrd,
IN BOSTON.
FOURTH DAY.
Supreme Judicial Court.
Present-Judges Wildes. Hubbard and Dewey
Counsel for the Commonwealth Samuel d. Parker
Esq for the prisoner, Hon. Rufus Choate and Annii
The Court room was early nled this morning, in tho
snxsy for an opportunity to hear the eoquencs Of Mr.
Choats in his closing argument for the prisoner.
The Court came IN At nine O'Clock. and Mr.. Choats
commenced bis argument shortly AFTER
It is the most remarkable state of evidence have
ever had the occasion to hear and proves concusvey
NO,
here, from the position take, that he waking man;
for really believe when he to Mr. Heads be was
in state Of somnambulism But supposng him to be
waking man. he act: strangely for one who guilty Of
murder He hides him.elfa little. not all He goes to
Fuam wrong name. This L not 50. Thcmpsons says
he gave the Garrett or Jsrod II was not that &c
does not know what 1t Garret or Jerod-does not
this sound like Tirroll That he did not endeavor to
conceal himself be calls to Fuam who had opened his
window and wishes him to come down. II is incon.
sisten with the supposition that he, just committed
murder with his hands and his clothes with blood
to meet Fuam face to face, who knew him we'll, and
also knew that his not Garrett Jerold Brit.
tom as wa. reported before tho jury but
but from small one-his fear Of being in adul
tsry' and the breaking Of his bonds.
Mr. Choae then put the position that the prisoner was
In the state Of somnambulsm another Ingredient Of
doubt And that the jury believed from the evidence
gvsn that he in this state then they should pro-
nounce him innocent.
Mr. Choate read from Harvey's Medtations a story
that crime committed in sleep in a somnambulic
state would not subject the author moral responsible
y. The story is that two friends had been hunting
during the day that when they had retired for the night
one heard the other talking in his Sleep and exhibiting
e. his the Of
will KIN him, will kill him" Upon which his compan
witness the result when the slsepwaker raised his
knife from h. pocket and repeatedly plunged it into the
The position taken by Mr. Choate was that the defen.
dant somnambulist that this disease appearing
in childhood had increased in frequency and intensity
to maturer life 20 that surgeon physician that had
been upon the stand would hesitate say that it might
not the time show itself in the violent stages
night the 26th and 2h October Of all days in the year.
and that year lsA6, laboring undor one Of these
the evidence Of Eben Trrel to AlbertI attack Of
somnambulism at Wareham. DR.. Claiming, says Mr..
Choate expressly states in his testimony that the
the same a. those with which he s acquainted Of the
nambui.m and said there was not single scrap Of tes
mony on the part Of the government, to p,ove he
in that state but the other hand have shown
by the most respectable and scientific gentlemen here
the stand, that he was And IT, BY the direction
the ourt. the burden Of proof is the government
|
| Their to do. The reasonable doubt exists.
Mr.. Choae further argued on the point of Tirrells
being in state Of somnambulism at this time, that there
Is wonderful coincidence in the testimony Of Mr. and
Mrs. Lawrence and Miss Blood. They did not come
here to perure themselves in favor Of the defendant
They all agree In the kind Of noise that the person made
VINO rushed from the House. The government says 1t
smoke but would not the daculty have been
mounted after he had down two or three steps
The WITNESSES say il wa. noise if person had dii
Aculty in respiration Dr.. Claiming says such s the
noise made By asomnambulist IL then gentlemen the
nm n0ip Mt
fcient to raise doubt, il is sufficient.
MIR. Choate closed his argument at half past P. NJ,
having been six hours and half in the delivery Dur
ing argument tho prisonsr frequently to
be in His wife also, who present IN the tore
noon, seriously affected, and sobbed aloud.
8. b. PARxER, Esq commenced his closing argument
for the commonwealth at twenty Ave minutes before ave
the nature and character Of the defence up this
trial and requested the jury to pause before they sstab
In sh: o which might
My object will be to direct your minds to a number OF
positions from which you are to make your verdict
What you conscientiossly believe, that you must say
and do.
maintain, In the ar:t place, that there homi.
October last by human hands.
! y. Thatit was not suicide.
- That 1t was not committed by any one belonging
| to that house.
An. That IT was committed by the prisoner at the
sth. That committed BY him, the act was not au.
thorised or justified by law.
9th. II was felonious homicide.
7th. II was not manslaughter.
sth. Nwas murder.
That was not natural death, was not disputed by
the Learned !, counsel a. lot is the defendant.
from the fact the throat was cut on one side
Of the neck, and then turned over and cut on
two distinct spots or pools Of blood on the bed,
one being larger than the other. That the ring
spoken of by the Witnesses and argued by learned
counsel haviag been object Of plunder was not
out Of the ear BY any person for that but
the deceased being dragged from thsosa and in thi;
With respect to the noise in the chamber when the
adjoining houses and the fall Of heavy body upon the
floor he said that the great probability was that
occa:ioned BY some one person who was committing an
He went very fully into the confederation of all shs
positions he had taken and in closing endeavored to i'm
press upon the minds of the jury, the insecurity to
society, were they to acqut prisoner charged with
capital crime on slight causes That II murders, per-
petratsd in houses such a. Joel Lawrencsl was de.
icribed to be, to 60 unpunished then any who
exercises the .piri. Of revenge against another had
in order to strike the fatal blow.
Mr. Parker closed at before 7, P. NJ
was closed that by humane principle Of law and by
ancient CUSTOM he had the privilege Of addressing the
jury in any remarks he thought proper TO make lest his
counsel may have omitted thing that he wished to
The prisoner in reply, a ter consulting with his
sci had lett and that he did not feel able make any
address,
The court adjourned at Z O'Clock.
The charge will be given to the jury in the morning.
SHOCKING AND ExrRAopIxARY CASE Our attention
was arrested on Monday night in the First Munich
pslty by large crowd OF people, surrounding good
looking, neatly dressed young sailor, aud rather pretty
ook ing girl apparently not than sixteen years Of
age. The man was alternately weeping, cursng and
tearing his hair. and threatening 10 kill both himself
and the female near him while she stood with hands
clssped her eyes red with WEEPING supplcating him
10 kill her, and begging him not to take on so"
On enquirng into the Of the disturbance tho io
owing deporabe circumstances related and they
were sufficiently painful to account for the singular
behavior Of the sailor and the girl The sailor had just
about town. full OF frolic and half over" s
that when he encountered the female In the street,
accompany him 10 the @ ODE Ball" From
countable reason, the girl cit repugnance to gong