Warning to Young Men. 
: " With much fair speech she caused him to yield ; with the flattering 
; of lips she forced him." 
THE TRIAE OF 
ALBERT JOIN TIRRELL 
FOR THE MURDER OF 
MARIA A. . 
INCLUDING A SKETCH OF HIS PERSONAL 
APPEARANCE fyc., TOGETHER WITH A F THFUL AND 
MINUTE REPORT OF THE ARGUMENTS OF THE 
PROSECUTING OFFICER AND COUNSEL; THE 
CHAIN OF EVIDENCE. CHARGE OF THE 
JUDGE, AND VERDICT OF THE JURY. 
PORTRAIT OF TIRRELL. 
BOSTON. 
'PUBLISHED AND FOR SALE WHOLESALE AND RETAIL BY 
N. H. BLANCHARD, 
' 136 HANOVER STREET. 
! . i84®- 
PRICE 12 1-2 CETtfTS. 
Great discount to Newsboys, and others who buy to sell again. TRIAL OF ALBERT J. TIRRELL, 
FOR THE 
MURDER OF MARIA A. BICKFORD ! 
Present-Associate Justices Wilde, Hubbard and De wel 
INTRODUCTION. 
At an early hour on Tuesday morning, the' Court House, and every av- 
enue leading to it, was thronged by an eager multitude to witness the trial 
of this unfortunate young man. All eyes were anxious to get a view of him 
who is charged with the appalling crime of murdering MARIA BICK- 
FORD, a young married woman, much celebrated in certain circles for her 
personal beauty and attractive charms. At 9 o'clock the prisoner was 
brought'into the court room before the venerable Judges, and an eager and 
gaping crowd of spectators-besides a full corps of reporters and lawyers, 
who were all eyes ami ears. From the anxious countenances of the multi- 
tude, and other demonstrations in and about the Court House, one might be 
led to suppose some great event was about to take place, or some new era 
burst upon the world. 
Personal appearance of Tirrell. 
As much curiosity always exists iu the human heart to know how a man 
looks- who has done any deeds, whether good or bad, to distinguish him 
from the rest of his fellow travellers in this 'vale of tears,' we will describe 
as he appeared to us while he stood in the prisoner's bar during the reading 
of the indictment. By order of the Clerk he was requested to hold up his 
right hand while this well drawn and carefully worded document was clear- 
ly and distinctly read. He did so, and as he rose he exhibited a counten- 
ance marked by sorrow and intense thought. In person he is nearly or 
quite six feet tail, slender about the waist, full breasted and apparently pos- 
sessing more than an ordinary share of muscular power. 
He wore a snuff brown colored coat with rounded lapels and bright but- 
tons ; a double breasted black satin vest, black pants, black handkerchief, 
and shirt-collar turned down ; the whole being very fashionably made and 
well fitted to his genteel form. His countenance has nothing in it peculiar- 4 
ly attractive, and would pass among the crowd as very well looking. His 
forehead is not high, nor broad, but the intellectual developments are fair. 
The most peculiar feature is his mouth. This is unusually large, the cor- 
ners bein'" much turned down, giving it the appearance of grief, if not of a 
worse pasaion. His nose is rather large, and his whole face square built, 
and somewhat muscular in its appearance, if we may use such a term.- 
His eyes a light blue or hazel, and his hair light brown. He wears no whis- 
kers upon his face or goat-beard under his chin; his complexion is light, 
but bis countenance is not pallid, being rather florid and fresh looking for 
one who has come out of prison. 
But for his dress, which is of the dandy cut, he might be taken for some 
mechanic, or even a young farmer so far as his face is concerned. While 
the indictment was being read to him he held up his head as if his nerves 
were not easily moved by outward circumstances oi inward feelings. He 
stood firm and faced the venerable Judges, the sharp eyed lawyers, and the 
gaping crowd with as much coolness and apparent unconcern as any man 
could under the same circumstances, who was gazing upon him with such 
eagerfcuriosity. 
Empanelling the Jury. 
Before the indictment was read the process of empanelling was gone 
through with. The prisoner having the right to challenge peremptorily, 
twenty jurors, and as many more as he could find cause for a challenge, im- 
proved this privilege to its full extent. One of his counsel stood beside 
him with a paper in his hand, containing the names of all the ju rors sum- 
moned and told him when to challenge. Tne clerk would call a juror and 
say, 'Juror, look upon tne prisoner: Prisoner, look upon the juror.' They 
would face each other and the prisoner would say, ' 1 challenge him.' An- 
other would be called, and he would say, ' let him be sworn.' Thus he did 
until he had challenged twenty, and accepted twelve jurors. Each juror 
thus accepted by the prisoner, was sworn to make true answ ers before he 
was sworn in chief to try the prisoner on the indictment and true deliver- 
ance make between him and the commonwealth. 
Names of the Jurors. 
The following are the names of the jurors empanelled-the foreman be- 
ing appointed by the court: 
THEOPHILUS BURR, 
BENJAMIN P. BOWMAN, 
WILLIAM EAYRS, 
NAT IP L E. ELLIOTT, 
CALVIN HASKELL, 
JOHN MARDEN, 
SAMUEL A SPINBALL, Foreman. 
CALVIN S. M AGO ON. 
DANIEL MESSENGER, Jr. 
GEO. W. PARMENTER, 
JOSEPH WINSOR, Jr. 
WM. WASHBURN. 
After the jurors were thus empanelled, the indictment was read, and the 
prisoner put upon his trial. 
The indictment on which the prisoner is now having a trial, charges him 
with the murder of Maria Bickford, otherwise Mary A. Bickford, on the 
27th of October last. The indictment for arson has been placed on file, to 
await the issue of the murder trial. 
Mr. Parker then rose and opened the case to the Court and Jury in a very 
able, eloquent and interesting manner. His address did him great credit as 
a sagacious and faithful prosecuting officer. His remarks were principally 5 
of a general character-relative to the crime of murder and the law now 
in force for the punishment of murderers. Such as appeared particularly 
applicable, we give verbatim : 
OPENING OF MR. PARKER. 
Albert J. Tirrell is the son of the late Mr. Leonard Tirrell, of Weymouth, 
in this State, who died in 1843. Under his father he was brought up to the 
Shoe manufacturing business. His age was twenty-two, last February. He 
was married in 1842, at the age of eighteen years, and has now a wife and 
two children. The cause of so early a marriage in his minority I need not 
state. He had unfortunately a kinsman living in New Bedford, and in that 
place he first became adulterously intimate with Mary Ann Bickford, in the 
summer of 1844. She was a married woman, twenty-one years old last 
•lune. She was married in the State of Maine, to James Bickford, in March 
1840, being then less than seventeen years old. She deserted her husband 
in 1842, and came to Boston with a paramour, now living in Bangor, whose 
name need not be stated here. After some time, she was abandoned by him, 
and resorted to prostitution for support both in Boston and New Bedford. 
Her husband made several ineffectual astempts to reclaim her He was 
long and perfectly acquainted with her adulterous intercourse with Albert 
J. Tirrell, and seemed to submit to what he could not prevent. He resorted 
only to moral suasion, which produced no reformation ; he occasionally saw 
her, and not unfrequently while she and Tirrell lived together; and he re- 
ceived letters from her while absent. The prisoner and Mrs. Bickford 
made several journeys together, travelling as man and wife under fictitious 
names, and changing them often, and at different periods he brought her to 
Boston, and took apartments in several hotels. His adultery was so bold 
and unfeeling at one time, that he carried her into his own family, under the 
same roof with his wife, where he kept her until his relatives indignantly 
expelled her. In April last he brought her to the Hanover House in Bos- 
ton, from which the respectable landlord dismissed him as soon as he had 
information of his and her history, and their imposition on him. The pris- 
oner then took a house in London street, in this city, and furnished it, and 
he and she kept a house of ill-tame there, her assumed name of Maria 
Walsh being on the door. This establishment did not last long, as he was 
indicted in the Municipal Court in May, for the adultery committed by him 
in the Hanover House in April. He eluded the search of the officers for 
some months, and spent the summer partly at New Bedford and partly in 
travelling with her. It is said that he also kept at one time a house of ill- 
fame with her at New Bedford. On the 89th Sept, he was arrested at New 
Bedford and brought to Boston for trial, for the adultery, and was commit- 
ted to the Leverett street Jail, where he remained until he was bailed by 
Nathaniel W. Bayley, his brother-in-law, on the 2d day of Oct. In con- 
nection with that date I have a letter under his hand to show you. When 
he was taken, at New Bedford, he was living with her, and she was not mo- 
lested. On'the day he was bailed (2d Oct.) he went to Mr. Doolittle's tav- 
ern, in Elm street, and entered his name with his own hand as " Albert De 
Wolfe," and he made search for her on that day, but could not find her. 
On this or some other occasion he gave a gold watch to a young man to go 
and find her for him. On the 6th of Oct. he wrote a letter to New Bed- 
ford, inquiring for heri On the 10th of Oct. he again entered his name at 
Mr. Doolittle's. On the 9th, his wife, his mother, his father-in-law, the 
Selectmen of Weymouth, and a respectable merchant of Boston, severally 
wrote to me letters requesting a stay of proceedings under the adultery in - 6 
dictment, hoping he might be reclaimed. Those letters were exhibited to 
the Court, who consented that the proceedings might be suspended lor six 
months, he paying the costs and entering into a recognizance to keep the 
peace and be of good behavior for the said six months. On the 21st Oct. 
lie came into Court and paid the costs, and gave the recognizance. Six days 
ajter that day, this bloody and cruel assassination was perpetrated. 1 ex- 
pect to prove that after his arrest, and after Mrs. Bickford knew he was 
bailed, she hid herself from him, and was afraid of him. He had some- 
times been known to be severely cruel towards her, and threatened her life. 
She remained concealed in an obscure place at the North End of the city 
until about the 15th of October, when she went to Mr. Joel Lawrence's 
house, in Mount Vernon Avenue, in which the murder was committed. 
She was there some days before he came to the house, but on Tuesday af- 
ternoon, 22d of Oct., being the next day after he entered into the recogni- 
zance in Court, she went out, and when she returned in the evening, he 
came home with her, passed the night with her, and on Wednesday morn- 
ing she introduced him to Priscilla Blood, an inmate of the house. He 
visited Mrs. Bickford at that house every day afterwards. 
On Sunday morning, 26th October, he came there, and in her chamber 
while he was there, loud angry words between him and her were overheard, 
which soon subsided. He went away towards evening, and came back 
about 8 o'clock and went to her chamber, where they remained alone to- 
gether. At 9 of the clock they were heard talking together, and at that time 
she came out and got some water, as she said, for Albert. The Lawrence 
family lived below, and about 9 of the clock they locked up the house and 
went to bed. No person came into that house afterward that night, and 
every person that was in that house that night will be before you except 
Mary Ann Bickford, who is now mouldering in a premature grave. There 
were three chambers up stairs. The back one was occupied by the prison- 
er and Mrs. Bickford-the middle one had a bed in it, but no person occu- 
pied it that night; the front chamber was occupied by Mr. Patterson and 
Priscilla Blood. Towards morning a faint shriek was heard coming from 
Mrs. Bickford's room, afterwards the noise of something falling on the floor. 
Soon after this, a person went down stairs, and was heard to stumble on 
the stairs, and was heard to go out of the house and unfasten the door, and 
a noise was heard in the yard, and a groan, or scream of fire. Presently 
Mr. Patterson and Priscilla Blood saw a blaze coming under their door, 
and their room filling with smoke. Mr. Patterson opened the window 
and cried fire. Mrs. Lawrence came from below and found bed clothes 
piled at the top of the staircase and against the door of Priscilla Blood's 
chamber, and burning. She began to pull them down to extinguish the 
fire, and in so doing burnt her hand or arm. The wood-work of the house 
was ignited at the top of the stairs and in several other places, and had not 
the alarm been given, in a very short time the staircase would have been 
impassable, and no discovery of any murder or mangled corpse could have 
been made, the fire destroying all suspicion and all proof. But assistance 
was soon produced, and Mrs. Bickford's room was entered. The door was 
found open. It was so full of smoke that nothing at first was discernable. 
Every one's attention was absorbed in efforts to extinguish the fire, which 
was burning in several places, in the closet, on the bed, and in a trunk of 
clothes. Some one stumbled over something on the floor near the fire- 
place. In that fire-place there had been no fire. The substance which 
caused the stumbling was the blackened corpse of Mary Ann Bickford, her 
head nearly cut off from her body, with no apparel on but her night dress, 
and that much burnt. Aftei the fire was extinguished, lights were procured, 7 
and an examination of the premises made. Near her lay a razor open, and 
on the other side of the bed on the floor a razor case. A puddle of blood 
was at the head of the bed near the pillow, another puddle at another part 
of the bed, and a smooch of blood at the side as if a bleeding substance 
had been drawn over it. On the floor under her body was no blood. In 
the wash-basin was blood and water. A part of the apparel, which I shall 
prove was the prisoner's, was found in the room, his vest, drawers, socks, 
cane, &c. In the straw bed was found a cut or rip, and several ex- 
tinguished matches which had been ignited and partially burnt. A part of 
the bed clothes of her bed had been carried to the head of the stairs and 
were burning there. In the middle unoccupied room, also, the bed-clothes 
were taken from the bed and placed at the head of the stairs, and they were 
burning Fire had also been applied in the middle room, and in that room 
was found a sock with blood on it. There was blood also on the drawers. 
The razor belonged to no one who resides in the house, nor did the socks, 
drawers, vest or cane. In the pocket of the vest was found a key which 
fitted the prisoner's trunk which had remained at Mr. Doolittle's. 
Let us now pass from this shocking scene of blood and fire. There is a 
livery stable in or near Bowdoin Square, kept by Mr. Fullam. Before day- 
light or near day break on that same morning, Mr. Fullam and his servant 
were waked up by a person calling for them. That person wanted a horse, 
carriage and a man to take him out of town. He was known to Mr. Ful- 
lam, as he had hired horses of him before. That man was Albert J. Tirrell. 
He told Mr. Fullam he wanted to be sent out of town, as he had got into a 
scrape about a girl, or some such expression. Mr. Fullam ordered Oliver 
Thompson to harness a horse into a covered wagon and drive the man off 
where he wanted to go. Oliver Thompson drove the prisoner, being guid- 
ed by his directions on the way, to his father-in-laws's house in Weymouth, 
Mr. Noah Tirrell's house, where the prisoner's wife resides, and there lie 
left him. Constable Merrifield and Coolidge searched that house for him 
that day and he could not be found. He was carried to a neighboring town 
and concealed; the next day he was supplied with money, and left Massa- 
chusetts. He wandered, like Cain, from place to place, and after some 
months was found and arrested at New Orleans, from which city he has 
been brought here for trial. 
Such is the outline of the evidence I intend to produce, which will be 
much filled up by the testimony of the witnesses who will detail the nu- 
merous additional facts within their knowledge, bearing upon the very im 
portant issue you have to try. 
I cannot close this introductory address, without alluding to the solemn 
lessons and warning of the fate of these two young persons imparts to the 
youth of both sexes. Had they studied and regarded the sacred oracles, 
they might have been happy and useful members of society. Especially 
had the prisoner been guided by the advice of the wisest of men; a man of 
the largest experience, warning young men of the arts and cunning of har- 
lots, he would have been warned by a prototype of his folly and wicked- 
ness described in the most vivid colors, and cautioned by a monitor, 
which if regarded, would have saved him and his friends from the dis- 
graceful* and afflicting position in which he now stands. How graph- 
ic and true, and applicable to this painful case, is the whole of the seventh 
chapter of the Proverbs of Solomon, describing the acts of the harlot, and 
the young man void of understanding, and especially the last six verses: 
' He goeth after her straight-way, as the ox goeth to the slaughter, or as a 
fool to the correction of the stocks, till a dart strikes through his liver; as a 
bird hasteth to the snare, and knoweth not that it is for his lifb. Harken 8 
unto me now, therefore, O ye children, and attend to the words of my mouth. 
Let not thine decline to her ways, go not astray in her paths. For she has 
cast down many wounded ; yea, many strong men have been slain by her. 
Her house is the way to hell, going down to the chambers of DEATH.' 
TESTIMONY FOR THE GOVERNMENT. 
[We shall omit the cross-examination, excepting such as are material to an 
accurate report.] 
Jabez Pratt.-I am coroner of the city of Boston ; I was called up 
about five o' clock on the morning of the 27th, and went to a house in the 
rear of Charles street. The house was occupied by Joel Lawrence. 1 went 
into a room at the head of the stairs-discovered some smoke in the room 
-saw something on the floor which was covered by a sheet-[a diagram 
of the room, drawn by Col. Pratt, was exhibited and explained to the Court 
and Jury]-1 discovered smoke in a closet, and some clothing was then 
burning, and a leather trunk was nearly burned through. The body of the 
woman was in front of the fire-place, her shoulders within a foot of the 
grate. A large gash, which could easily be seen without moving the body 
was discovered on the throat. On lifting up the head, found that the neck 
was nearly cut through ; so deep was the wound that the bone in the back 
part of the neck was cut. Her clothing, with the exception of a small part 
of her corsets, was burned off, and her body considerably burned. A little 
to the right of her right hand was an open razor besmeared with blood 
There was no signs of fire in the grate, which was quite cold. The bed 
stood near the wall, about two feet from it, and in the vacant space between 
the bed and the wall, I found a razor case. The bed clothes were all gone 
with the exception of the pillows. There might have been a sheet on the 
bed, but I think there was none. On the matrass was a Urge spot of blood, 
and on taking up the matrass, I found the blood had run through it. There 
was blood on a chair which stood at the front side of the bed. A wash- 
stand was besmeared with blood, and a wash-bowl nearly filled with bloody 
water-also saw blood on a lamp. The straw bed and matrass were con- 
siderably burned, and on taking up the straw bed, saw a bunch of matches. 
Over the casement of the closet door, the fire had burned nearly through- 
the straw carpet in the entry and the partition were also burned somewhat. 
An adjoining room appeared to be injured by fire. Near the head of the 
woman was an ear-ring which had the appearance of having been torn from 
the ear-and on examining the ear saw that it was torn. In the other ear 
was a ring which was nearly torn out. I took a ring from her finger on 
which were the initials, " A. J. T. to M. A. B." On the table opposite the 
bed, was a vest, a cravat, and a cane. In the vest pocket were two keys, 
with which, at No. 9 Elm street, I unlocked the trunk and valise, which 
were said to belong to Albert J. Tiirell. The trunk and valise I have since 
delivered to A. J. Tirrell. A pair of drawers partially burnt and spotted 
with blood were found under the bed-also a pair of stockings. 
Dr. Joseph Moriarty.-I was summoned to attend the Coroner's In- 
quest in the house.of Joel Lawrence, on the 27th of October last. 1 saw 
the body of a female on the floor, covered with a sheet.-There was an in- 
cision in the throat-all the muscles and arteries of the throat were severed. 
1 should think the wound was the cause of the death of the person. 1 should 
think the bone in the back part of the neck was not cut. The wound had 
the appearance of one incision. Perhaps a person in a high state of ex- 9 
citement might inflict such a wound on him or herself. There was a great 
deal of blood on the bed, and but very little on the floor near the body. 
Joel Lawrence.-In the month of October I lived in the real of No. 76 
Charles st. 1 knew a person named Maria Bickford. She first came to my 
house, about a year and a half agQ ; 1 had seen her occasionally previous 
to that. Eight or ten days previous to the twenty-seventh of October she 
came to my house.-She sent her baggage a few days before. 1 have seen 
the prisoner at my house-on the Friday previous to her death I saw him 
go out of my house. He visited my house to see Mrs. Bickford. On Sun- 
day the 26th of October, he came in about noon, and went away again at 
dark. He came in again about 8 o'clock. 1 saw him about 9 o'clock in 
Mrs. Bickford's room. Shortly after I locked the house. I slept in the 
basement room. I was waked in the night by a noise in the entry, as if 
some person was endeavoring to get out of the house. The door at which 
I heard the noise was the lower door, which led into the yard. Somebody 
made a noise in the yard somewhat like the cry of fire; I heard my wife 
make an outcry of fire. We discovered the clothes on fire in the entry, 
and myself and wife threw them into the yard. We then went into Mrs. 
Bickford s room. There was a great deal of smoke in the room, so much, 
that nothing con.d be seen. On going to open a window, I stumbled against 
a body. Her clothes were nearly burnt off. 1 saw that her throat was cut. 
I did not move the body, but went immediately for the Coroner. There 
was fire in the closet, which was put out with a few buckets of water. A 
razor was on the floor near the elbow of the deceased. The razor did not 
belong to me, or to any one else in the house. I saw a vest, cravat, and 
cane on the table. 1 had seen the vest previously on Mr. Tirrell. During 
the week previous to the 27th, I carried a letter from Maria, to No. 9 Elm 
street-I think it was directed to Albert De Wolf. I left another letter at 
the post office-I think it was directed to a Mr. Johnson-I do not think 
Tirrell ever came to my house previous to my carrying the letter to No. 9 
Elm st. At her Request, I enquired at the Post Office for letters directed to 
Mrs. Johnson. On the night when Maria died, there were in my house be- 
sides myself, my wife and two children, Miss Blood, Mr. Patterson, a niece 
of mine, xAJbert J. Tirrell and Maria Bickford. During the week Maria 
staid at my house, she appeared cheerful. 
William Barnicoat.-[Mr B. is the Chief Engineer of the Fire Depart- 
ment, and gave a description of the manner in which Mr. Lawrence's house 
was burned, and the damage sustained.] 
Berthena Lawrence.-I am the wife of Joel Lawrence. I knew Maria 
Bickford-was slightly acquainted with her for about two years. She was 
at my house on Sunday, the 26th October-she went by the name of Bick- 
ford, and sometimes by the name of Johnson, 1 went into her room on 
Sunday; Tirrell was then in the room; I staid in the room but a few min- 
utes, and when I went out she fastened the door. About tea-time Tirrell 
went out, and came in again about 9 o'clock. About 15 minutes after 9 I 
went into Maria's room. Tirrell was standing near the door, with his hat 
on. About 4 o'clock in the morning, I heard a scream, which I thought 
was in the next house-afterwards I heard some person come down stairs, 
and unlock the door-he stumbled and fell two or three steps on the stairs 
-when he got in the yard, 1 heard a noise as if a person was stifling with 
smoke. I immediately got up and went to the top of the stair-way 1 found 
some clothes burning, and took hold of them to drag them down stairs. 1 
burned my hand badly. When Mr. Bowker, the fireman came, I went into 
Maria's room. Before I got into the room, I heard some one say that she 10 
was k'lled. Do not know the deceased and Tirrell ever quarrelled while at 
my house. 
Priscilla Blood.-I know Maria Bickford. She came to my house 
about three years ago-1 then kept house at the corner of Oak and Ash 
streets. 1 lived at Mr. Lawrence's on 27th October; Maria Bickford 
had been there several days. On Tuesday the 21st Oct., in the evening she 
went out of the house, and Tirrell came home with her. She introduced 
me to him the next day. I saw him there everv day until the 27th. On 
Sunday the 26th, I saw Albert trying to unlock Maria's room-shortly after 
I heard a noise in their room, as if of some persons quarrelling-1 heard 
loud talking, and very hard words, and a noise as if of an accordian striking 
against the tire-place. Towards morning 1 heard a scream-1 listened and 
all appeared quiet. Shortly after, 1 heard a rustling, as if some person was 
passing rapidly through the entry. The person went down stairs and un- 
locked the door, and 1 heard a noise in the yard, a noise like a groan. Then 
I saw a! light shining through between the doorand the floor-and there 
was smoke in the room. 1 raised the window and gave the alarm of fire. 
On Thursday of the previous week, 1 was in Maria's room, and Albert 
was there; 1 saw him take three or lour letters from her, using some harsh 
language, and throw the letters into the fire. At supper, on Sunday evening 
Maria asked me if I heard a noise in her room. 1 said 1 thought I heard 
some quarrelling. She said she liked to quarrel with Albert, because she 
had such a good time making up. 
Joel F. Lawrence.-I live with my father and mother in the rear of 
Charles Street. On the morning of the 27th Oct., 1 heard a scream in the 
yard. 1 heard some one cry fire, and 1 got up. Maria Bickford lived at 
my father's house. 1 went to the Post Office at her request, and obtained 
two letters, one directed to Maria Bickford, and another to Maria John- 
son. 
Theodore P. Bowker.-In the month of October, 1 lived at the corner 
of Charles and Pinckney street. I am foreman of Engine No. 6. On the 
morning of the 27th Oct., heard an alarm of fire, and not hearing air, bells 
ring, supposed the fire to be near. Went to Mr Lawrence's house, and on 
crossing the vacant lot in the rear, I met a man who told me 1 was late, as 
the fire was all out. Who that person was I do not know. A carriage was 
standing at the stable near by. 1 went into Mr Lawrence's house and pass- 
ed up stairs. Mr. L. followed me. When 1 reached the top of the stairs, 
saw flames issuing from the closet. After a few moments delay, 1 obtained 
several buckets of water, and put out the fire. I opened the window, and 
the smoke subsided. In coming from the window 1 stumbled against 
something which 1 supposed to be a body-obtained a light and again went 
into the room. Saw the deceased laying on her back-the throat was cut 
-the wound was so deep that 1 saw the neck bone. Soon after two watch- 
men came in, and also Mr. Pratt the coroner. Some one picked up a razor 
from the floor-cannot say whether there was any blood on the floor, under 
the head of the deceased. On the bed was a large pool of blood. One 
arm, and the fingers of the hand were considerably burned. 
Joseph Hatch.-On the 26th of October I lived in the house adjoining 
Mr. Lawrence's. On the morning of the 27th Oct., I was awoke by my 
wife, who said the house was on fire. On getting up, I thought the fire was 
in Mr. Lawrence's house.-[The testimony of Mr. Hatch was similar to that 
Mr. Bowker and others, having reference to a description of the state of 
the room, etc, in which the deceased was found.] 11 
Edward Farnsworth.-1 was in the neighborhood of Mr. Lawrence's 
on the morning of the 27th Oct.; 1 was delivering bread-heard an outcry 
of fire-stopped my horse and went into the yard ; saw a man pouring wa- 
ter upon some burning clothes; I suppose it was Mr. Lawrence; asked 
him how the fire caught; said he did not know.-1 then went away; as I 
was going to my bread cart, I met a man who had on a fire cap; told him 
he was too late, as the fire was all out. 
Philenia G. Hatch.-In October, I lived in Mt. Vernon Avenue-the 
back of Mr. Lawrence s house adjoins the back of that in which 1 live. On 
the morning of the 27th October I heard a noise as of a man beating his 
wife-there was a strangling noise, which died away-then heard a noise 
as of a heavy body falling on the floor. I then heard loud talkiug and on 
looking out of the window saw a light shining upon the stable, which came 
from the burning clothes in the yard-then awoke my husband who went 
out. 
Ann Hatch-On the 27th Oct. lived in a room which adjoins Mr. Law- 
rence-there is a bed-room between my room and Mr. Lawrence's house. 
Op the morning of the 27th Oct. I was awaked by some noise as if from a 
person strangling-when I was wide awake beard a scream-did not hear 
any alarm of fire. 
William Patterson, (Musician)-I slept in Mr. Joel Lawrence's house 
on the night of the 26th Oct. 1 was awaked by smoke in the room-saw a 
light shining through a crack in the door. Went out of the room, and saw 
clothes burning-rolled them up-do not recollect if I threw the burning 
clothes down stairs. The first person I saw was Mr. Lawrence. I did not 
go into Mrs. Bickford's room, and did not see the dead body. 
James F. Fullam-Keep a stable in Bowdoin square ; on the morning 
of the 27th Oct. I was called up by one of my men, who said Mr. Britton 
wanted to see me. I went down stairs and there saw Mr. Tirrell, the pris- 
oner-he said he had got into trouble and wanted 1 should carry him off. 
He said some one had been into his room and tried to murder him. He 
went away and was gone about fifteen minutes and returned. I sent one 
of my men to carry him wherever he wanted to go. He had frequently 
hired carriages of <ne before. When he returned I had no conversation 
with him ; did not observe any thi ig remarkable in his appearance ; he had 
on an over-coat, closely buttoned to the throat; he appeared in some haste. 
I sent a covered wagon-it returned about 10 o'clock. I have seen Albert 
J. T irrell and Maria Bickford together. I believe Tirrell said something 
about the house being on fire. 
Cross-examined. I should think it was between four and five o'clock, 
when Tirrell came for the carriage. 
Oliver Thompson. In October last I was employed by Mr. Fullam, as 
an ostler. On tne morning of the 27th I got up-some one called me and 
said he wanted a horse. He gave his name as Gerratt or Gerrand, do not 
now recollect what the name was. 1 told Mr. Fullam, and he told me to 
harness a horse and carry the gentleman out of town. I cannot swear that 
1 have ever seen the gentleman since. I drove to Weymouth-the person 
said he was going to his wife's father's house, and 1 left him as directed. 
He said he would see Mr. Fullam in a day or two and settle with him. In 
driving over South Boston Bridge he remarked to me that he bad got into 
a bit of a scrape in the city, and was going out of town-he wished me to 
d rive as rapidly as convenient. 12 
Francis Merrifield. Officer of'the city of Boston. On the day that 
the murder was committed 1 weht to Weymouth in company with Mr. Geo. 
J. Coolidge-we went for the purpose of searching for Tirrell. Thompson 
went with us to show us the house at which he had left Tirrell. We search- 
ed the house but could not find him. 
George J. Coolidge. I am an officer of the city of Boston, and on the 
27th Oct. last 1 went to Weymouth for the purpose of searching for Albert 
J. Tirrell-1 went to the house of Mr. Noah Tirrell and enquired for Albert 
J. Tirrell-was informed that he was not there-searched the house and 
became satisfied that the person we were in search of had left the house. 
Mrs. Mary Head. In October last I lived in Alden's Court-on Monday 
morning, the 27th Oct. some person came to my door, and rang the bell 
very Fondly ; before J got to the door 1 heard a strange noise; 1 went to the 
door; the man acted so oddly that 1 thought he was crazy. He wanted a 
bundle, and said he was going out of town. I was not acquainted with him, 
but have heard others say that his name was Tirrell. A young lady at my 
house had been doing some sewing for him, and this was the bundle which 
the person wanted. 
Samuel Head.-On the morning of Monday, the 27th of October last I 
saw Albert J. Tirrell at my house in Alden Court. He was in the entry 
talking with my wife-lie appeared and talked so strangely that I thought 
he was not fully awake. He said he was going to Weymouth and wanted 
some clothes which he said he had left there. This was between four and 
five in the morning. From his strange acting feltafraid of him-took hold 
of him and shook him, and all at once his manner ebanged as if coming 
out of some deep stupor. He said that Fullarn was to take him to Wey- 
mouth. I told him he had no clothes there, and had better go away. The 
day previous, Sunday, about eleven o'clock in the forenoon, I saw him near 
Brigham's in Court street-he said he meant to have gone to Weymouth 
the day previous. When I took hold of him to shake him, he seemed very 
much frightened, and acted as if he did not know where he was or what 
he was doing. 
Nath'l W. Bailey. In the month of October last I lived in South 
Weymouth. 1 am related to Albert J. Tirrell-1 married his sister. On 
the morning of the 27th Oct. I saw the prisoner at his father-in-law's, Mr. 
Noah Tirrell. He said that he had been seen in the city by an officer, and 
wanted to go out of town for a day or two. I carried him to Pembroke- 
he returned that night, and I suppose stopped the whole night. I saw him 
the next night in the outskirts of the town. I knew where to find him from 
an arrangement which I had made with him. I gave him some money, 
from 50 to $100, for the purpose of paying his expenses wherever he want- 
ed to go. He said he was going to Montreal. 1 received a letter from him, 
dated Montreal. The letter is in the handwriting of Tirrell. It was in an 
envelope, which was directed to Mr. Wm. G. Nash. On Monday night I 
heard a rumor that a woman had been murdered, and I told him of the 
charge against him. He said that if such a charge existed he would go to 
Boston and give himself up. I advised him not to take such a step, as, 
even if he was innocent it would be a great deal of trouble to him. I do 
not know that he had any remittances from any one. I knew Maria Bick- 
ford-saw7 her in New Bedford, at the house of Sylvester Tirrell. Albert 
J. Tirrell was there-he was sick. I saw her afterwards in London st.- 
The name of Welch was on the door-Tirrell wras living there, and I think 13 
he owned the furniture. 1 have frequently remonstrated with him in regard 
to his connection with Maria Bickford. 
Thom,vs W. Phillips, Clerk of the Municipal Court, produced the dock- 
et of said Court, and gave a history of the proceedings in relation to the 
indictment for adultery against Tirrell. 
Wm. Whitwell-I am an officer of the city-was in the house of Joel 
Lawrence on the morning of the murder-saw the dead body of Maria 
Bickford. [Mr. W. was about to give a description of the appearance of 
the deceased, but the Court ruled that it was unnecessary, as so many wit- 
nesses had testified to that fact.] 
Mr. Parker here read and put into the case the following letters, proved 
to be in the hand writing of Albert J. Tirrell. (Two or three other letters 
were offered, but as there was no proof that they were in the hand-writing 
of Tirrell, they were ruled out.) 
Mr. James Bickford. 
Newport, June 23, J 845. 
James-Maria wants you to send her three trunks to Newport, R. I., by 
express, to the in care of the landlord, as soon as you receive 
this letter. Albert J. Tirrell. 
P. S. Don't let any one know where we are. 
Mrs. Maria Welch. 
Wareham, Sept. 26. Friday night. 
Maria-Please let me know where you are and direct your letter to New 
Bedford post office by express to-morrow afternoon, that is Saturday after- 
noon-all you need say is where you are because you cant seal your letter, 
and sign Maria to the bottom and direct it to A. Jackson, 
Albert, lory dory, 
Superscription-James, please handfhis to Maria. 
Boston, Oct. 2, 1845. 
Dear Maria-Please write me and let me know where you are and how 
you are getting along--and my best respects to you. They want to find out 
your name to have you arrested, You please write me where you are ; and 
if there is any trouble and you are taken 1 will see that you are bailed. 
Yours truly, lowry dory. 
Albert J. Tirrell. 
P. S. Please direct your letters to Albert Jackson, Boston post office.- 
Mr. Bailey had me bailed out of jail. 
Mr. James Bickford, Bangor, Me. 
Boston, October 6,18 46. 
Mr. Bickford-Please write me and let me know if Maria is down east. 
Direct your letter to Albert Jackson, Boston, Mass. 
Yours, with respect, 
Albert J. Tirrell. 
Mr. Nathaniel W. Bay\ey, Weymouth, Mass. 
Montreal, Nov. 8, 1845. 
Mr. Bayley-Sir, I sail this afternoon for Liverpool in the brig Rival, 
Capt. Hugh Mair. The Rival belongs to Halifax. 1 have not received any 
thing from you ; if you have sent any thing, you can send for it again. 1 
have not much to wear, but I shall try and get along. I shipped by the 
name of Frank Jackson. So good bye to you all. Tell mother I shall see 
her again. A. J. Tirrell. 
Dear Mother: Don't you forget me. I hope I shall see you again. 1 shall 14 
be back in this country within a year if I live, and I shall come and see 
you in the night. So good bye. From your son Albert. 
Don't forget the captain's name nor my name. 
Dear Brother and Sister : I bid you good bye and success to you. 
I bid Orient and Catharine good bye and Abby. 
You must all forgive me. 
Examination of witnesses resumed. 
Noah Tirrell-On Monday, the 27th Oct., J saw Albert J. Tirrell at my 
house in Weymouth, about breakfast time. He had on a sack coat-do not 
know whether he had on a vest or not. The officers came in the after- 
noon, and from them 1 learned about the murder in the morning, 1 did not 
inform Albertabout the officers having been to search my house, that I 
recollect. 1 did not advise him to go away. Did not observe any thing in 
his appearance unusual. ' 
W. L. Crockett-I have been acquainted with Tirrell about a yearand 
a half. I knew Maria Bickford by sight. Tirrell came to me in July last, 
having been informed that 1 knew where Maria was. He offered me a gold 
watch and about $25 in money if I would tell him where she was; at that 
time I did not know that she was in the city. 
Wm. J. Batterson-I live in Weymouth. I was in the employ of Al- 
bert J. Tirrell for about three months from the 14th of February, 1845.- 
During that time I saw Maria Bickford. She came to Mr. Tirrell's bouse 
and stopped one night. 1 do not know that she was compelled to go away. 
I saw Tirrell and Maria Bickford in New Bedford, in November, 1844. I 
never received any letters from him after he went away. 
James Bickford-I married Mary Ann Dunn, on the 26th of March, 
1840, in Brewer, opposite Bangor. She lived with me till October, 1842. 
She then left me, and 1 did not see her until the following March I have 
occasionally seen her since. I saw her body in the tomb, after she had 
been murdered. About the 20th of February, 1845, I first saw Albert J. 
Tirrell-he came in a carriage with Mary Ann to the shop where I was 
working. Ju July 1845, 1 saw them together at the United States Hotel. 
1 told her that at South Boston were some persons with whom she had been 
acquainted in Maine. Tirrell gave his consent that she should go with me 
to South Boston. The same day she wanted to go out and make some 
purchases. Tirrell said she should not go till afternoon. She said she 
would go, and put on her bonnet and shawl. Tirrell stepped between her 
and the door, and said 'You shall not go out. alive, by G-d.' She then sat 
down on the bed and cried. Tirrell then cooled down, and called a hack, 
and said she might go if she would promise to return. We then went 
away, and she did not go back to the U. S. Hotel. We separated at the 
head of Hanover street-and 1 saw her a short time after in Belknap street. 
After she left me in 1842, she lived with me about a month. This was in 
July, 1843. 
Charles H. Wilson-[Mr. Wilson, book-keeper at No. 9 Elm street, 
produced the register of the hotel, wherein under date of the 2d Oct. was 
found the name of Albert De Wolf, and 10th Oct, the same name. He 
thought, although he could not swear to the fact, that De Wolf and the 
prisoner was one and the same person.] 
The prosecution here stopped, and Mr. Merrill opened for the defence. 15 
REMARKS OF MR. MERRILL. 
May it please your Honors, and you Gentlemen of the Jury : 
it is unnecessary for one to remark upon the deep and solemn responsi- 
bilities which in this trial have devolved upon ail of us. In discharging 
these duties, in this great crisis, where the last earthly hope and, as many 
pious men believe, the eternal destiny of a man like ourselves, may be in- 
volved, we have need to pause, occasionally, and invoke the aid of that Be- 
ing, without whose notice a sparrow falleth not to the ground. May we be 
so directed and supported, that we may, none of us, ever regret the part we 
have taken in these transactions. 
1 feel painfully sensible of the difficulties under which the defendant's 
cause has hitherto labored-and how much his counsel have need of all 
your indulgence. Not that we are oppressed with the consciousnessof the 
defendant's guilt, nor the fear of any latent weakness in his defence-a de- 
fence which nothing but the resources of falsehood and perjury can des- 
troy-but lam troubled wjth the apprehension, lest that part of the defence 
which devolves upon me, shall receive detriment from my unskilful manner 
of presenting it. That I shall satisfy myself, I do not expect-that I shall 
do justice to the cause, 1 do not even dare to hope. 
The defendant stands before you charged with the greatest of human 
crimes. His case has been made the subject of discussion throughout the 
whole country. He has been tried and condemned over and over again in 
almost every company. The press has given to the world the most shock- 
ing and exaggerated accounts of the death of the deceased. Suspicions, 
and conjectures, have been proclaimed as facts. Pamphlets and histories 
of his pretended folliesand crimes, have been poured over the country, in- 
flaming the passions, and exciting public indignation against him-preten- 
ded confessions of his crimes have been spread far and near, till the public, 
mind has been poisoned, and most people have begun to regard his guilt as 
fully established-and have come to believe that the defendant has commit- 
ted one of the most atrocious murders recorded in the annals of crime. 
False and exaggerated accounts of the waywardness and recklessness of his 
earlier life-dark insinuations and surrnisesof other crimes enacted by him 
have been scattered abroad, and rehearsed in the counting house of the 
merchant, in the work-shop of the mechanic, by the fireside of the farmer, 
and among the resorts of business and pleasure, and in all the haunts of 
dissipation and vice, until almost all men look upon him with suspicion and 
dread, and his cause has been completely overwhelmed with popular odium 
and prejudice-all ranks and classes of men have begun to regard him as a 
most odious and revolting spectacle of moral obloquy and deformity, whose 
hideous character is unalleviated by any of the milder and noblerattributes 
of manhood. While these unjust and cruel imputations, and these palpable 
misrepresentations, have been circulated, not only in the current reports, 
but also in the public newspapers of the day, against the accused, nothing 
has been done by himself or his friends to correct the public sentiment-to 
disabuse his cause of the most flagrant pernicious prejudices with 
which it has been embarrassed, btrt, with such kindly and individual aid as 
was necessary to enable an accused son and brother to obtain a fair trial, he 
has remained silent, awaiting, not without the deepest solicitude, but in the 
earnest expectation of making a successful defence, the result of a judicial 
investigation. All he asks of his country is, that he may have a fair and im- 
partial trial-that you will not prejudge his cause-but that you suspend 
your opinion shall have heard his defence-for all else he looks to 
the guidance of that Providence, who has 'numbered the hairs of his head,' 16 
and who has allotted to him the merciful day of his probation, which man 
may not shorten. 
(As Mr. Merrill's remarks were very lengthy and not particularly interest- 
ing to the general reader, we will only refer to the points upon which he 
dwelt.) 
He remarked upon the uncertainty of circumstantial evidence, and of the 
great caution with which such testimony should be received by a jury. He 
cited from acknowledged books of authority, many cases where persons 
who had been tried, convicted and executed upon circumstantial evidence, 
were afterwards found to have been innocent of the crime for which they 
suffered. 
Mr. Merrill then spoke of the diseased state of mind known as Somnam- 
bulism, or sleep-walking. He quoted extensively from medical books, to 
prove that persons while in a state of somnambulism, are ignorant of their 
acts and deeds. He then stated the hypothesis which he should attempt to 
prove. That since the age of six years the prisoner has been subject to this 
disease; sometimes leaving his bed, rushing to the window, and attempting 
to jump out; that once, while in this state, be attempted to strangle his wife. 
While in a state of somnambulism, the prisoner would often make strange 
and unearthly noises-he would sometimes leave his bed, and rushing into 
another room, would cry out that some one was attempting to murder him. 
Ou board the Sultana, on the voyage to New Orleans, he frequently left his 
bed, and wandeied about the deck, and once attempted to jump overboard, 
from which circumstance arose the story that he had attempted suicide; he 
was watched by persons on board the vessel, as he was known to be walk- 
ing in his sleep. In New York, at one time, he made an attempt to jump 
out of the window, but was fortunately rescued. 
Mr. Merrill said he should offer proof that the defendant was in that state 
of mind to which he had alluded, on the night of the 26th October; he 
would also offer medical testimony, for the purpose of show ing the effect of 
such disease on the minds of persons so afflicted. 
Mr. Merrill occupied about three hours in the delivery of his remarks, 
w hich were very ingenious and forcible, and soon after he commenced, the 
prisoner was observed to be visibly and deeply affected fur the first since 
the trial began. 
TESTIMONY FOR THE DEFENCE. 
Edward P. Hunt was called. The first question asked was if he wfas 
acquainted with the character of the house kept by Joel Lawrence. To this 
Mr. Parker objected, and considerable debate was occasioned in conse- 
quence. His honor Judge Wilde, finally ruled that direct testimony could 
not be offered for the purpose of proving that a witness kept a house of ill- 
fame, but if any thing came out in the course of the evidence which showed 
that a witness was a prostitute, that fact would affect the credibility of the 
witness. Mr. Hunt was then excused. 
Nabey Tirrell.-I am the widow of Leonard Tirrell, and the mother 
of Albert J. Tirrell-he was 22 years old*last February-he was married 
at the age of 18. He has been in the habit of getting up in his sleep ; as 
early as the age of five years, I have known him to get up in his sleep. At 
onetime, when he was between four and five years old, I put him to bed, 
and went to a neighbor's opposite-and w hen I returned 1 discovered that 
he was gone-after searching, I found him at a neighbor's house some dis- 
tance from our own residence. When in that condition, 1 conld awake him 17 
by talking to him and shaking him. When he was fourteen years old. he 
got up and went up stairs, where I found him behind a door of a clothes 
room. 1 got him down stairs, and put him to bed-when he came io him- 
self, he was ignorant of where he had been. He would, before he awoke, 
make strange and unusual noises. When he was 17 years old, he got up 
and tore the curtain to the window, and broke the glass, and inconsequence 
cut his hand. I have frequently heard him get up at otherftimes. He us- 
ually slept with his brother. 1 adopted the precaution of locking the doors 
for fear he would do himself injury. He usually slept with the door of his 
bed room open, for the purpose of obtaining air. While in this state he 
appeared distressed, and on coming out appeared weak and faint. These 
spells seemed to increase with his years, while he lived at home. 
Leonard B. Tirrell.-I am th<? brother of Albert J. Tirrell-I used to 
sleep with him at Weymouth. I have known him frequently to get up in 
his sleep-this habit commenced as early as the age of 10 years, perhaps 
earlier. He would sometimes catch hold of me, in his sleep, and 1 had to 
shake him very hard to awake him. He would make noises while in those 
states, as if trying to talk, but I could not understand. Sometimes he would 
talk in his sleep. 1 have often awoke and found him tearing down the cur 
tains at the head of the bed. I think these spells increased with his years. 
He once came into my room, while I was with my wife, and made a con- 
siderable noise-said some one was after him; I awoke him, and he ap- 
peared ignorant of where he was. He kept a light in his room, as a pre- 
caution, because he seemed to be better while in these spells with a light 
than without. This was a source of considerable anxiety to the family, and 
the cellar door wasjuuually fastened nights, for fear he would get up and 
fall down cellar. 
Minot Richards.-I live in South Weymouth-have known Albert J. 
Tirrell twenty years. I was once in the house, setting up with his father, 
who wanted I should call Albert-I went into his room and called him; he 
got up, his eyes appeared open, but I could not make him understand what 
1 wanted. 1 went to his father, and while there heard strange unearthly 
noises]; I then went back-Albert was not dressed, and I took hold of him 
and shook him for five minutes. It was twenty minutes before I could make 
him understand what I wanted. On two other occasions 1 saw him in a 
similar state. Previous to his acquaintance with Maria Bickford, his char- 
acter was good. 
Emily Amelia Tirrell.-1 am the wife of Joel H. Tirrell. I have known 
Albert J. Tirrell four or five years. On one occasion in New Bedford, at 
my house, 1 heard some person in the entry, and J got up. On going into 
the entry, 1 saw a man, he had only one garment on. A woman said to 
me, ' Albert is asleep, Amelia awake him.' I took hold of him and shook 
him for five minutes before he awoke. The woman that told me to wake 
him, was Maria Bickford. I knew her for fifteen months.-She always had 
weapons in her possession, dirk knives and razors-she used the razor to 
shave her forehead, as she said she liked to see a person with a high fore- 
head. 1 once saw her with a two ounce vial of laudanum, and shortly af- 
ter the vial was empty. Her breath smelt of laudanum and a physiscian 
was sent for. She had had a quarrel with Albert. She drank intoxicating 
liquor to excess, and 1 have often seen her intoxicated. She took laudanum 
twice-[he last time she took about an ounce, and was sick two or three 
days. In New York, she bought a dirk and hid it in the rug, so that Albert 
could not find it. She was sometimes calm and pleasant, then all at once 
would be in a high state of excitement. In Congress Hull at Philadelphia, 18 
she threw a wash-bowl at Albert, and a decanter of liquor into the fire- 
place. He usnally treated her coaxiiigly and kindly. 
Leonard B. Tirrell (recalled)-1 saw iny brother on Saturday after- 
noon, the 25th Oct., about half past four o'clock, at Pearson & Williams' 
livery stable. He wanted me to carry him to Weymouth in my carriage, 
but as I already had a passenger I could not carry him out. He then left 
me and went towards the stable in Elm street. At that time he wanted me 
to lend him $10, but I refused-1 let him have $3. 
Joel H. Tirrell-I am 36 years old-J keep a public house in New 
Bedford. 1 am a cousin of Albert J. Tirrell, and have known him for 20 
years. 1 have seen him in New York, New Bedford, Weymouth, and a 
number of other places. I knew*Maria Bickford-first saw her in a house 
about three miles from New Bedford; she and Albert both lived at my 
house in New Bedford-while they were there, once, 1 heard a very extra- 
ordinary noise, somewhat like a groan, and immediately after 1 heard Maria 
say, ' it is Albert, he is asleep.' While at my house, he usually had a light 
in his room, nights. Albei t once shew-me a vial which was about two-thirds 
empty, and said 'Maria has been taking laudanum, and is very sick ; 1 will 
send for a doctor.' She was sick nearly a week after. I have known her 
to have a razor in her possession, with which she used to shave her fore- 
head. At the United States Hotel in New' York, she had a dirk-knife, 
which she hid under the hearth-rug in her room. Maria was rather a 
handsome girl, more than ordinarily so-she played w'ell on the accordion, 
and tolerably so on the piano forte-she was a good dancer, and dressed 
with much neatness and taste. Albert appeared very much attached to her; 
his attachment appeared very extraordinary, more so than J ever saw in 
any other instance. The last time 1 saw them together, which was about 
two months before her death, the strong attachment existed. [Some declar- 
ations of prisoner show ing his attachment to Maria were ruled out, as they 
w'ere unaccompanied by any act.] The first time I saw them together was 
in the Railroad House, New Bedford, in October, 1844-at that time they 
stopped about an hour-shortly after, he brought her there to board; they 
stopped till the last of November, and then we all made a journey to New 
York-when they returned they went to my brother Sylvester's house. 
When they left there they went to the Franklin House. Sometimes she 
would get into a passion and he always tried to sooth her. She always 
seemed to have control over him. At the Franklin House, he told me he. 
should leave Maria, as she quarrelled with him so that he could not live 
With her. He removed his trunks to my house. Maria came into the room 
while he was removing his trunks, and threw a $15 bonnet on the floor and 
stamped upon it. She then went down stairs. Albert said he was afraid 
she would run a knife into him. Maria overheard him, and said ' that I 
would.' He went to my house but did not stop more than an hour-he 
then took a bottle of wine and returned to the Franklin House, and lived 
with her. I then saw her in London street-she was living with Albert; 
they appeared very much attached. The next time I saw her was in New 
Bedford-she came to my house, and drank at the bar; she inquired if Al- 
bert had been there-he came about three days after-he appeared remark- 
ably glad to see her. They went to Newport and stopped at the Park house, 
in company with myself 1 returned to New Bedford-and in a week or 
two she came to my house. Albert followed in about two days-I remark- 
ed no change in his treatment towards her; he appeared very' fond of her. 
They then went away; said they were going to Exeter. Never saw them 
together after that; saw him, when he was arrested in New Bedford. She 19 
drank intoxicating liquors, and I have often seen her when T thought she 
was drunk. She had a great many valuable dresses, more than I ever knew 
any other woman to have ; at my house she had a white satin dress which 
cost $2 50 a yard, a cinnamon colored satin which cost between 40 and 
$50, and a velvet dress, which cost $55, and a great variety of silk and 
other dresses-she said Albert bought them for her. Never saw them quar- 
rel ; think I have seen him* have a dirk-knife in his possession; can't say 
that 1 ever saw him have a pistol. 
Robert Carlton-Resides in North Margin street. I am acquainted 
with Albert J. Tirrell-saw h.m in Boston, New Bedford and Weymouth ; 
also was acquainted with Maria Bickford ; saw her in New Bedford, and 
near Newport. I saw them at Sylvester Tirrell's in New Bedford. I lived 
in the same house. Qne night 1 heard a noise, and going into the passage 
1 saw Albert in his night clothes; I spoke to him and took hold of him and 
shook him ; he made a sort of groaning sound, and went into his room, but 
did not speak. Saw them together in the Farmers' and Mechanics' Hotel, 
in New Bedford. The house was kept by Joel H. Tirrell. He came from 
Boston; she had been in the house a day or two previous to his coming 
from Boston ;-he was much pleased at meeting her. Next saw them about 
five miles from Newport. Have seen her have a dirk in her possession and 
a razor. She would drink, when she could get it-have often seen her 
when I thought she. was worse for liquor. She was always neatly dressed ; 
had a taste for music, and used to play on the accordian. She always had 
plenty of money, but never knew her to do any work. She had no means 
of obtaining money except from Albert. 
Mrs. Abigail Amanda Carlton-I am the wife of Robert Carlton. 
I have been acquainted with Albert J. Tirrell 8 or 10 years-knew Maria 
Bickford. They were together at Sylvester's house, about 6 weeks. He 
appeared much attached to her-I think I have known him to give her 
money ; she always appeared to have plenty of money. I have known her 
to have a dirk-knife-she used a razor to shave her forehead. She was 
very attractive. I have seen her drink-think I have known her to be in- 
toxicated. 
Eben Tirrell-I have been acquainted with Albert J. Tirrell since 1842 
-first saw Maria Bickford in New Bedford. On the 25th of Sept., in Pitts- 
field, Albert J. Tirrell and myself put up at the same house. In the night 
some one came to my room and called me. I got up and saw Albert; I 
asked him where he was going, and he replied that he was going home. I 
followed him down stairs, and across the street-again asked him where he 
was going, and he said he was going to the stable for a horse. 1 presumed 
he was asleep. On the sidewalk, he stumbled and made a strange noise, 
as it he was trying to speak, but could not. 1 helped him up and be pro- 
ceeded to the stable, kicked against the door, and made the same noise. I 
shook him and rubbed his head, and in about 10 minutes he appeared to be 
awake. He was dressed much as usual, and his eyes were open. When 
he awoke he appeared much exhausted, and we returned to the house. It 
was Maria Bickford that called me up. The no>se he made was a very 
strange one. In the morning I questioned him about being up, and he had 
no recollection of any thing which had transpired in the night. This oc- 
curred on the 5th Sept. I saw them in Attleborough, between the 15th and 
25th Sept. He gave her money in that place, to defray her expenses to 
Boston. Myself and Albert went to Taunton and from thence to Ware- 
ham ; Maria left us at Mansfield and went to Boston ; we lodged together ; 
he wished to have a light burning in his room. He went asleep first, it 
was about an hour before I went asleep. 1 was awoke in the night by some 20 
one having hold of rne ; I was dragged out of bed on the floor, and there 
saw Albert standing side of me. 1 rose upright and asked him what was 
the matter; hhe replied, 'drive along, the gearing is all right, start the lea- 
der or! will cut his neck,' There was a knife over the latch of the door, 
and he went to the door and took the knife out. I was much frightened ; I 
thought he might take me for a leader. 1 caught hold of him from behind, 
and pulled him on to the bed; he made a strange noise, and I shook him 
until J thought he was awake, and I then went to bed ; some time after I 
heard a noise and on awaking saw Albert walking towards the window ; he 
appeared to be trying to get out. I got up and awoke him. J am satisfied 
that he was asleep at these times. The first instance, from the time 1 was 
pulled out of bed until 1 thought he was awake, was about fifteen minutes. 
This was on the 26th Sept. From Wareham we went to New Bedford. 
Previous to this I carried a load of baggage for him from New Bedford to 
Exeter, N. H.; have seen Tirrell and Maria together in New Bedford. He 
always treated her kindly; sometimes she appeared scornful towards him. 
£ saw them together* in Exeter; he appeared to treat her well, but she 
seemed more scornful than ever. He left New Bedford for fear of being 
arrested on an indictment of adultery. In Exeter, I heard him express 
great admiration for her; she wanted a new black silk dress, and I heard 
her remark to Albert: 'If I don't have what 1 want while I am with you, 
Albert, 1 will cut my 1 remarked that 1 thought she would not do 
that; she said ' yes, 1 had as fief do it as not.' I next saw them in Roches- 
ter, N. Y. I have seen a dirk in her possession. Once I saw her shaving 
the hair from her forehead, with a razor; have known her to drink intoxica- 
ting liquor. I first told the Pittsfield instance of walking in his sleep, to 
rny brother, Joel H. Tirrell; did not then mention about the Wareham af- 
fair ; I told it before I heard of the murder. [The cross-examination was 
very close as to the persons to whom he had first told these instances of the 
prisoner's sleep-walking, but nothing further was elicited.] 
William Grant-I saw the prisoner on board of the ship Sultana. I 
sailed from New York for New Orleans, we had a passage of 21 days ; 
there were two hundred passengers on board, all average passengers ex- 
cept 22. After we had been out about a week, I hfflrd a noise, and some 
one passing through my room, which was over the steerage ; several pas- 
sengers followed him, and asked him what was the matter, and he said it 
was something he had been subject to from a boy ; he was a steerage pas- 
senger ; I was informed that after that he slept on deck, but I am not cer- 
tain of it. 
William G. Nash-Reside in South Weymouth, near the residence of 
Mr. Tirrell's family, and have known Albert J. Tirrell from a boy. 1 have 
been employed to set glass in the window of the room in w hich Albert slept. 
He was as quiet and peaceable as other boys in Weymouth. 
James Pratt-Have resided in South Weymouth about eight years, near 
the former residence of the prisoner. The reputation of the accused was 
good, as to quietness; he was peaceable, while 1 knew him. 
Caleb Hawes-Have lived in Weymouth twenty-nine years. As far as 
I knew the prisoner he was a peaceable person. 
George W. White-Have resided in Weymouth all my life, within a 
mile of the family of Mr. Tirrell. Have known Albert from a boy. His 
character was always good until within a year or two. 
Robert F. Burrill- I have known Albert J. Tirrell 20 years. Lived 
within six rods of his father's house. As far as I know his character was 
as good as any one's. 21 
Thomas Nash-I have known the prisoner from a youth; I was his guar- 
dian. Know nothing against his character. 
Edmund Thomas-I nave resided in South Weymouth 35 years. Lived 
within a mile of the prisoner. His character was as good as any young man 
in Weymouth. Previous to his connection with Maria Bickford his reputa- 
tion was very good. He was deemed a whole souled, good hearted, pleas- 
ant young man. 
Thomas Harding-Have resided in South Weymouth 25 years; have 
known the prisoner 15 years. He was a quiet, peaceable citizen. 
Cross-examined-Have heard something about his being brought before 
Fisher A. Kingsbury, Justice of the Peace, for an assault on a Mr. Tirrell, 
but, of my own knowledge, do not know anything about it. 
Joseph F. Clash-Knew Maria Bickford; she stopped at my house in 
Ann street a week, in July, 1844. 
Dr. Erastus O. Phinney-I have no doubt the deceased might have in- 
flicted the fatal wound herself. My reasons for this belief are founded on a 
knowledge of the instrument used; the nature of the wound, and the phys- 
ical powers of the deceased. It might have been done by another person. 
From the description of the wound, I should think it might have been sui- 
cide or murder. If the fact was satisfactorily established that the wound 
had been inflicted in bed, and the carrotid arteries severed, even if there had 
been a considerable flow of blood, the person might have been capable of 
more or less physical inactivity. 
Cross-Examined-If the jugular vein had been severed, a considerable 
blood in the bed, little or none under the deceased, I should not think such 
a state could have existed, if the deceased came to her death by suicide. 
Benjamin F. Wheeler.-I reside at the Shawmut House ; 1 saw Albert 
J. Tirrell there about the 17th of last June; he enquired if there was a 
woman boarding there by the name of Maria Bickford. He appeared much 
grieved and very anxious to find her; tears were in his eyes. 
Dexter Runnels.-I reside in Boston; have seen Maria Bickford, both 
in the street and in Fruit Street Place, where she lived with Frank Carr- 
he appeared to be a Creole. (The question if the witness had ever known 
her to inflict violence on Frank Carr, was deemed objectionable by the Court 
-and the witness was excused. 
Dr. Walter Channing.-A female under a high state of excitement, 
might have inflicted such a wound as had been described; the wo»nd could 
have been inflicted by one blow. A convulsive movement, sometimes very 
violent, might be made even after some loss of blood. Muscular power re- 
mains even after the principal arteries of the neck has been severed. (Dr. 
C. related instances of persons who had committed suicide, and yet retain- 
ed considerable muscular power. In one instance he was called to see a fe- 
male who had nearly severed her neck from her body, and still breathed au- 
dibly ; and when her husband attempted to take the razor from her hand, 
after she had committed the deed, she inflicted on him a severe wound. Dr. 
C. explained the philosophy of sleep, passed on to dreaming and somnam- 
bulism, and related some remarkable instances of the latter. In 1686, the 
brother of Lord Culberston, killed a member of the Life Guard, for which 
he was tried in London, and pardoned, on the ground that it was satisfact- 
orily proved than when he committed the deed he was in a state of somnam- 
bulism. So that somnanbulism is not a new species of defence. In a state 
of somnambulism, persons would do many things which they would be as- 
hamed of when awake. The individual might rise from his bed and dress 
himself, walk about, strike a blow, see some things and not appear to see 22 
others. The sleep walker on coining to, would have no memory of acts 
which he had committed while asleep. lie thought that the noise made by 
the prisoner was occasioned by the want of fresh air.) 
The sound which the sleep-walker makes does not resemble that made 
by a person strangling from smoke. In the latter case it is moie like sneez- 
ing or coughing. The noise which I have heard described as being heard 
at Lawrence's house I should think came from a somnambulist rather than 
a person strangling by smoke. From the testimony which I have heard 1 
should pronounce the prisoner a sleep walker. If a person rises in the 
night and kills another, I should consider that fact perfectly reconcilable 
with a state of somnambulism. In that*state, the will is governed by the 
dream, and thus the muscles are called into action. From the testimony 
which I have heard, that up to the age of 21 these fits of sleep-walking in- 
creasee upon the prisoner, I should not think it remarkable, considering the 
coursd of life led by him, if, six months later or so, they developed them- 
selves more powerfully than in his early years. 
Dr. Woodward-I am Superintendent of the State Lunatic Hospital. I 
have studied the philosophy of somnambulism. The most perfect somnam- 
bulism is a state of insanity. In the case of Jane C. Rider, commonly 
known as the Springfield somnnmbulist, who was under my care, she could 
recite poetry which, in her waking hours, she could not remember a word. 
The common sleep-walker has the mind less awake than the somnambulist. 
Another case, which came under my notice, was a young girl, who, while 
in this state, was remarkably gloomy, and would attempt to commit suicide; 
it was necessary to restrain her; at other times she was very cheerful. 1 
never heard a somnambulist make any noise, such as is described to be 
made by the prisoner. In cases of epilepsy a very terrific noise is some- 
times made. From the testimony of Mr. Head, 1 should suppose the pris- 
oner was in a state of sleep-walking on the morning of the 27th October. 
Should think that a person m a state of somnambulism could rise, kill a 
person, dress|himself, set the house on fire, and run out of the house. Do 
not think, from the testimony, that there is any doubt of somnambulism ex- 
isting with respect to the prisoner. 
Dr. Forsyth-1 reside in Chelsea, am a physician connected with the 
Mutual Benefit Life Insurance Company, of New York. I am acquainted 
with somnambulism, having once had a patient thus afflicted. I regard it 
as a disease, which can be controlled by medical treatment. 1 make a dis- 
tinction between sleep-walking and somnambulism. In all the cases of 
somnambulism which have come under my notice, the persons had been 
sleep-walkers in their youth. From the evidence which I have heard, I 
should say that the case of the prisoner was undoubtedly one of somnam- 
bulism. 1 never knew but one instance in which the patient came out of 
one of these spells by any exertion made to that effect. 
Cross-examined-My patient had no knowledge, when awake, of what had 
occurred in these paroxisms. 
Mr. Bowker-recalled-I first told Mr. Lawrence that there was a dead 
body in the room. He replied that if any body was there it must be dead. 
He did not express much surprise. 
i»j James E. P. Weeks-I made a report of the evidence given before the 
coroner's jury. Thompson testified that the man who came for the carriage 
on the morning of the 27th October, gave the name of Garrett or Gerold. 
Rev. Chandler Robbins was called and related an instance of somnam- 
bulism, which occurred while he was in college. He was passing the night 
with a classmate, and was awoke by a fumbling over him and about his 
neck. He had great difficulty in keeping him at bay. The person followed 
him down stairs, and finally was obliged to retreat to his own room. 23 
Mr. Choate announced that he had no further testimony to put in for the 
defence, and Mr. Parker was called on for additional evidence, if he had any. 
He called James Bickford. 
James Bickford (recalled)-In the month of June, I took possession of 
my wife's baggage at the Shawmut House. There were no razors or arms 
with the baggage. I never knew her to have a razor in her possession. 1 
once bought a razor for Albert Tirrell, at his request-also bought a strap 
and shaving-box. Tirrell said that the reason he wanted it was bocause he 
was airaid to go out. This was on the Stith of April last, in London street 
Mr. Choate's Argument for the Prisoner. 
Mr. Choate commenced his closing argument for the prisoner, a few 
minutes after 9 o'clock. He spoke until 2 o'clock, at which time the Conn 
adjourned for one hour; at 3 o'clock he resumed, and spoke for an hour and 
a half-making altogether six hours and a half At times his eloquence was 
overpowering, moving the prisoner and others to tears. The breast of the 
prisoner heaved, as if suffering intense agony, and the tears poured down 
his cheeks in torrents. 
Mr. Choate commenced by reminding the jury of the great duty which 
they had to perform. You are assembled, said he, to examine whether that 
young man-those not uncomely features, those breasts moistened with 
milk, those muscular limbs, the youngest son of his mother-and she a 
widow-is guilty or innocent of the crime with which he is charged. You 
stand together here to decide whether he shall live or die. We all feel it so 
sweet to live-it is so solemn a thing to die, even when surrounded with all 
the alleviations which friends can administer. When you feel, gentlemen, 
that a human life is at your disposal, there is not another word to be said. 
You have in charge a human life -it is not silver or gold-but a living, 
breathing man is left in your hands. The question is, whether that, man 
shall die, or whether the life which his maker gave him shall be prolonged, 
even perhaps to the days alotted for man to live. If you find him guilty, this 
Court must sentence him to death-if this Court sentence him, he must die. 
If you say this man, waking, not sleeping, committed this deed, he must die. 
When a juror deposits his ballot of guilty, he records, judicially, sentence of 
death. Purge, travel through, examine critically the exact amount of guilt 
which is attached to the prisoner, and you must be morally and conclusively 
certain that the defendant is guilty or else he must be acquitted. If you do 
not know for a moral certainty, that he did commit the murder with which 
he is charged, it will be the sweetest act of your life to acquit him; such is 
the universal voice of the law. Murder requires the highest degree of proof, 
and the highest degree of certainty. The spirit of the times, philanthrophy, 
Christianity, all demand this. Morally certain and conclusive proofs of guilt 
are indispensable to warrant you in taking the life of man. From the oaths 
you have taken, 1 judge that you agree with roe that it is lawful for society 
to take life ; yet many philanthropists, good men, the best of men, think not. 
It is only by administering this law according to the best judicial knowledge 
that we are safe. And if we do not give a verdict in accordance with judi- 
cial knowledge, everybody feels that we advance the feelings of opposition 
to capital punishment one hundred years in a single hour. [Mr. C. read 
from a late number of the North American Review, some arguments against 
capital punishment, principally from the uncertainty of circumstantial evi- 
dence.] If it is a perfectly clear case, 1 agree with you-let the laws be ex- 
ecuted, and let all the people say Amen. 
If from the character of the house, deeds of darkness may naturally be ex- 
pected ; if from the character of the deceased suicide was to be expected; if 
yon find that the prisoner has been from his youth subject to a disease 24 
which has blasted his sleeping hours, for God's sake, let not the life of the 
prisoner be judicially taken. To maintain power we must see that it is not 
abused. Much as 1 deplore the bloody code of England, a thrill of admira- 
tion passes through me when 1 reflect on the manner in which it is adminis- 
tered. Lord Kenyon once said, that no man could be convicted in England 
unless the judges and the jury were convinced that there could not be a 
possibility of the innocence of the accused. 
How far does the testimony lead you ? Did any human being see the 
prisoner strike the blow ? No. Did any human being see him in that 
house after 9 o'clock the previous evening ? No. Did any human being 
see him run from the house ? No. Did any human being see him with a 
drop of blood upon his hands ? No. Can any one say that she did not 
take her own lite? No. Can any one say that on that night he was not 
laboring wndcr a disease to which he was subject from his youth ? No. 
Has he ever made a confession of the deed ? To friend or thief-taker, not 
one word. 
The flight of the prisoner does not prove murder. 1 maintain that there 
is no evidence of guilt, from flight. Therefore, when a sincere friend, a 
brother-in-law, came to Tirrell, and advised him to escape, is it strange that 
he adopted the advice. 
Can we take life on circumstances? Some say not. I think we can. 
And yet there is the most tremendous hazard. The history of the law has 
been written, some few chapters, in the blood of innocent persons. 
Learned judges have harrangued jurors on the tests to be applied to cir- 
cumstantial evidence. First you must have the whole evidence. Do you 
think you have all the evidence ? There is the corpse, the bloody pillow, 
the bed-clothes, the embers, and so on. And how are you to know that 
you have the whole, evidence ? We see but a part and know but a part of 
the circumstances. We are playing a game of legal chance where the stake 
is the life of a man. You must be sure that you have the whole of the evi- 
dence, or we do not proceed one step. As one by one single circumstances 
<aie presented to us, we attach but little importance to them, singly ; and 
finally, the net is forged and the life is caught. 
It is recognized that if the circumstances relied on by the government 
could have existed, and yet it might be morally possible that the prisoner 
could be innocent, then the charge fails-it must be so. 
We believe that our client at the bar was not awake on the night when 
the deed was committed, and we labor under the disadvantage that he can- 
not assist us. The theory of the government is false-it hasn't touched the 
truth of this great case. The defendant, who for 12 or 15 months had been 
idolatrously attached to Maria Bickford,-so fondly attached that he left 
wife, children, mother, workshop, and the grave of his father-went to sleep 
in the arms of this woman, the same fond, foolish love existing, woke up in 
the night, and cut her throat. Like the French father, he would have peril- 
ed his life to save hers, and yet he is accused of her murder-premeditated 
murder. 
I ask you to reflect on the numerous improbabilities. There was no pre- 
paration for an alibi-he leaves his clothes-goes directly to the house of 
Mr. Head, where he is known, and from thence to his wife's father, in Wey- 
mouth. And. then that a man sinks to sleep in the arms of a woman, that 
had held him with a spell which kept him for months from his house- 
wakes up in the night, and nearly severs her neck from the body, throws 
her upon the floor, sets the house on fire and runs away. How improbable. 
I never was more agreeably surprised than in the character of this man. 
There is nothing against it previous to his guilty connection with Maria 
"* "! fo d. Do you find him a man likely to commit a murder ; did he ever 25 
carry knives or pistols-never. The testimony is, that down to the time of 
his connection with this woman he was, as one witness expressed it, a whole- 
souled fellow; it is true he had a taste for a handsome woman; never was 
in a brawl. If there was a good deal of dissipation for the last year or two, 
I am sure the learned counsel for the government will not comment upon it. 
We are guarded against murder by all our instincts. A man may acquire 
bad habits, and yet be as far from committing the crime of murder as when 
he was a blameless boy in his mother's arms. The remembrance of that 
commandment which was promulgated in fire on the holy mount,-all our 
instincts restrain us f.om the commission of that act. 
And there appears no motive for the commission of this crime. The 
proposition that I shall try to establish is, that down to 10 o'clock on the 
night of the murder, his same'wild love existed toward Maria Bickford ; 
there had been occasional struggles to go home to his family, it is true, but 
like a bird, he returned to the fowler. If it was only a case of want of mo- 
tive, that is established, and needs no further notice. In this case one ques- 
tion is whether it was a waking man or a dreamer, who committed the deed. 
It is not a stranger killing a stranger ; but his love for her lived and burned 
until the hour of his going to sleep in her arms. I am glad that Tirrell did 
not seduce this woman ; he has not that sin to answer for. All the testi- 
mony goes to prove that his love existed for Maria Bickford even up to the 
time of her death. It is true that he left her on one occasion for half an 
hour, but became moping and low spirited, returned to her, and remained to 
the end of her life. With the exception of the instance testified to by Pris- 
cilla Blood, there is no evidence of the slightest quarrel between them from 
the time of his first acquaintance with her; although she was scornful, he 
was uniformly kind. Show me when, where and how he imbibed the spirit 
to murder her-fond, doting fool that he was. She was fretful, breaking 
with violence articles of furniture, and on one occasion said, "I love to quar- 
r el with Albert, I have such a good time making up." At the latest moment 
of her life, love remained on his part, and jealousy was not excited. You 
will see a resistless improbability that he committed this deed. There is a 
total want of motive. If it was premeditated, how unfortunate the place, 
making detection almost certain How easy to have committed such a deed 
on some of the many secret .journeys which they ha<4 together. 
It is a rule of law of great importance that it must first be established that 
the deceased came to her death by the hand of another, in his rational, 
waking hours. First you are to have proof of death-second, cause of 
death. If a human being is found violently killed, it must be established, 
either by positive proof or circumstances cogently certain, that the deceased 
did not come to her death by her own hand. 
Gentlemen, you cannot say that this abandoned woman, waking when Al- 
bert slept, ruminating on the probability of Albert's return to his family, sad- 
ly reflecting on the past and the future, her husband forever alienated from 
her- did not. take her own life. How very natural, that she died thus, the 
natural death of her class. The physicians called, all concur, in saying it 
was perfectly practicable for her to have committed the act. It was physi- 
cally possible. The presumption is that it is suicide, until it is proved mur- 
der. How applicable the remark of Dr. Moriarty, that suicide is the natural 
death of the prostitute. Suicide is to murder, as a thousand to one. It is 
in evidence that she twice drained the cup of poison to the dregs and was 
saved by medical interposition. In Exeter, N. H., she said if she coidd not 
obtain what she wanted she would cut her throat. There are ten thousand, 
in chance, that she committed suicide, to one that he committed murder. 
There is not oue circumstance improbable with the fact that she committed 
suicide. 26 
Although Mr. Pratt, the coroner, was called at an early hour, yet it was 
not until 11 o' clock that he made the examination of the phenomena which 
he lias depicted so graphically. So that, gentlemen of the Jury, for four 
or five hours you find this house of infamy under the control of its inmates. 
Look to the testimony and the testifiers-what has been proved, and the 
characters from which this proof is derived. There were in the house, first 
Joel Lawrence, an old man of 60 years; he was the keeper of a notorious 
house of prostitution ; his wife, an old woman 60 years old, who united in 
the management of this house of prostitution; Priscilla Blood was a noto- 
rious prostitute, and William Patterson was her paramour. 
The conduct of Lawrence is inexplicable. When Mr. Bowker arrived at 
tlie house and was about to go up stairs, Lawrence was unwilling he should 
go, and when he had proceeded a few steps Lawrence called him back. 
The inmates of the house had just heard a man thundering down stairs, slip- 
ping from top to bottom, making an unearthly groan as if stifled with smoke ; 
saw some clothes burning, and drew them into the yard-smoke still rush- 
ing down, and yet detaining the fireman, whose practiced eye fortunately 
discovered that fire must he burning. 
I say that old Lawrence wanted that house burned up. The owner of that 
house was laboring under strange influences which has not been explained. 
The lamp which was burning by the bedside of the somnambulist was ex- 
tinguished by some one. Mrs. Lawrence swears that she saw a light burn- 
ing when she drew the clothes down stairs. When Mr. Bowker came, and 
they all swear he was the first to enter the room, there was no lamp burn- 
ing. Here then was tampering by some one. Who pulled the rings from 
the ears of the deceased ? Who can answer ? It is maintained that her 
throat was cut by an assassin. Where is the proof of this? 
It is satisfactorily established by Mr. Pratt, that a considerable blood was 
spilt upon the pillow, but this is vague. How much was upon the bed- 
clothes ? Dr. Moriarty says that at 11 o'clock some blood was upon the 
floor How much, on a man's life, is some 2 And then Dr. Channing affirms 
that this wound might have been inflicted, this blood found here and there, 
and yet the woman throw herself from the bed. Alight not old Joel Law- 
rence have snatched her from a burning bed, and placed her on the floor- 
perhaps for the ear-rings-perhaps, knowing the character of his house, from 
cowardice. But, even supposing we were satisfied that Tirrell removed the 
body from the bed, yet it does not advance us one step. She arises, sets fire 
to the house, returns to the bed, and lets out her own life; and then the som- 
nambulist awakes, which is no awakening, drags the body to the floor, and 
rushes from the house. The government says it could not be suicide, be- 
cause the house was on fire. Why not? Could not a person meditating su- 
icide. madly set fire to the house. The fire might have been set by the de- 
fendant, sleeping or waking, and still the deceased have committed suicide. 
It might have been accident. 
I will suppose that he awakes and finds a bleeding corpse by his side; he 
franticly seizes it, conveys it from the bed, and rushers to the closet for some- 
thing with which to staunch that ghastly wound. In the closet, filled with 
light dresses ; what more natural than that fire should be communicated to 
some of the combustible matter; and leaving the room how easy for his 
feet to have become entangled in the burning clothes which were found at 
the head of the stairs. Is there any thing improbable in this? Not at all. 
Perhaps the prosecuting officer will say, if it was suicide, why did not the 
prisoner, when he discovered that suicide had been committed, alarm the 
house. How unreasonable that he should do it. An indictment was hang- 
ing over him for adultery, and he was aware that if proved to have been in 
that house of notorious infamy, he was in great danger of the State Prison. 27 
The precautions which he took to escape were precisely such as I should 
suppose a person guilty of a misdemeanor would take-but not such as the 
man escaping from the avenger of blood. He goes immediately to Mr. 
Fullam's stable, and wishes Mr. F. to send him out to Weymouth, to his wife's 
father's. There was no concealment, like the concealment of the murderer. 
He fl ies from the lesser, not the greater accusation. He told Mr. Bayley, 
his friend, in Weymouth, that be had been seen in town, and wished to go 
away for a day or two, when he would return. He then referred otdy to 
the adultery case. When afterwards, he was informed of the murder of 
Maria Bickford, he declared his resolution to immediately return to Boston 
and give himself up. And Mr. Bayley distinctly swears, and he is a wit- 
ness of the government, that if it had not been for his advice to the contra- 
ry, he would have returned to Boston and given himself up. He was in- 
fluenced in leaving the state wholly by Mr. Bayley, into whose hands he 
placed himself, to be controlled as might be. 
When he stood before Mr. Fullam face to face, there was no appearance 
of blood upon him. At the house of Mr. Head, where he went lor the pur- 
pose of obtaining two handkerchiefs, nothing like guilt was observed. He 
was not flying as a murderer, hut a much lesser offender. 
The deceased came to her death either by her own hand, or by the hand 
of a murderer. In the absence of proof to the contrary, you are to sup- 
pose it to be suicide. There is no proof that Tirrell even slept in the house 
that night. True, he was there at 10 o'clock, but was lie there at 11 
o'clock? You do not know. His expressions, broken and incoherent as 
they were amount to nothing-if they amount to any thing, it is in his fa- 
vor. He said, 'they tried to murder me,' and do you know they did not try 
to murder him. 
There is no evidence irreconcilable with the supposition that some one 
broke into the house and committed murder. Many of her acquaintances 
and many of Lawrence's acquaintances knew of her having jewelry and 
valuable clothes, and why not they as well as the defendant have committed 
this act. I do not suppose the external guards to that house were any 
stronger than the internal virtue. 
1 approach now the issue on which perhaps the life or death of the de- 
fendant hangs. There is evidence before you, gentlemen, which explains 
every thing in the acts or the conduct of the prisoner inconsistent with the 
idea of suicide. If you are satisfied that he committed the deed, yet, if he 
was in that state which the learned have agreed to call Somnambulism, 
still he is entitled to acquittal, 
To prove to you that the defendant was in a state of somnambulism on 
the night in which he is charged with having committed this dreadful 
crime, we offer to you the same kind of proof only much stronger, that the 
government offers to you-circumstantial. We prove to you that, from his 
childhood, he has been, subject to an influence, in his sleeping hours, un- 
explained a-.id unexplainable. From the known state of his body and mind, 
it was extremely probable that on that night in question, he would be in the 
condition mentioned. From his infancy he has been a sleep-walker:-this 
is the evidence, and incontestable-and it has strengthened with his years 
until he had become a confirmed somnambulist. 
In addition to the witnesses for the defendant, there are the government 
witnesses who have testified to that strange extraordinary noise cn the 
morning in question. Priscilla Blood and other inmates of the house 
thought it was a sound as if of a person strangling by smoke. 
1 think we have exhibited sufficient' proof to leave a doubt of his guilt. 
If so enough. The Court will admonish you to do your duty. 28 
Argument of Mr. Parker for the Government. 
Mr. Choate having closed his remarks, after a recess of 10 minutes, Mr. 
Parker, the prosecuting officer, closed for the government. He commenced 
by expressing the great surprise be felt at the unusual ground of defence 
which had been taken. If he had been informed of the nature of the de- 
fence he should have fortified himself with medical testimony and authori- 
ties, with which to rebut the evidence given for the prisoner. He then stated 
the following propositions, to each of which he applied the testimony appli- 
cable : 
1st. A murder by some human hand. 
2d. Not self-murder or suicide. 
3d. By no resident in the house. 
4th. It was done by Albert J. Tirrell. 
5th. Being done by him it was not authorised by law, not justifiable, not 
excusable. 
6th. It was a felonious homicide. 
7th. It was not manslaughter. 
8th. It was murder. 
Mr. Parker made a most He made no unfair remarks 
against the prisoner, but treated him with a generous and truly Christian 
spirit. He did not think the defence, that if the prisoner committed the 
deed, was in a state of somnambulism, had any real, vital foundation, but 
arose wholly through the ingenuity of counsel. Our space will only allow 
us to give a brief outline of his remarks, which were forcible and remarka- 
bly pertinent. 
He began by saying that he intended to give the prisoner every advantage 
that could be properly extended to him. I call upon you, gentlemen, to weigh 
wall, before you allow the extraordinary grounds of defence set up by the 
counsel for the prisoner. He wishes then to check at the outset this new and 
novel mode of defence, and this innovation upon the legitimate jurisprudence 
of this Commonwealth. My object will be to set before you the sober reali- 
ties of the occasion. I shall not appeal to your feelings, but your judgment. 
Your oaths require you to do your duty. 1 shall maintain that in Joel Law- 
rence's house a homicide was committed, on the night of the 26th of Oct. 
A dying groan was heard in that and the adjoining house, and she came to 
her death by human hands. The medical gentlemen testified that a person 
in a great state of excitement might spring from the bed. There is no proof 
of any excitement here. The wound was given while the victim was in a 
recumbent position. By the two spots of blood upon the beu, one side of 
the neck must have been cut, and then the head mined over, and the other 
side cut. Women seldom shed blood in committing suicide, they usually 
resort to other means. Had she committed suicide the ear-rings would not 
have been torn from her ears. This was probably done in dragging the 
body from the bed. The Coroner was there at an early hour, examined the 
room and locked the door taking the key away. 
If she cut her own throat she could not have washed her hands in the 
wash bowl, nor taken the lamp on the mantel-piece which showed the marks 
of blood upon it. Dr. Moriarty says, the wound would cause instant death. 
If she had set the fire first she would have been so suffocated with smoke 
that she could not do the deed. There was no fire near the body, and yet 
her body was burnt. She could not have removed herself from the bed to 
the floor after she was so much burned. In order to burn the bed, 1 appre- 
hend she was drawn from it to get at the straw bed in which a bunch of half 
burned matches were found. She could not have placed herself upon the 
floor, after cutting her throat 
* She had no motive for suicide, notwithstanding the eloquent address you 29 
have heard to prove the contrary. He was as much devoted to her as ever. 
The anticipated parting was not to take place, and she was as rare of him as 
she had ever been. The prisoner has never pretended that she committed 
suicide. He was awake when he came to Mr. Fullam's, and knowing Ful- 
lam, wotdd he not have said to him, ' why Maria has cut her throat,' and also 
Mr. Bailey, who hid him from the officers, who certainly was in his confi- 
denee. This story of suicide is made up by the ingenuity of counsel. 
It is said she ooce had a razor, and this is taken up as one of the proofs 
that she committed suicide. But from the character of the witnesses I do 
think their testimony worthy of confidence, as it is contradicted by James 
Bickford. The stories about the laudanum I think unworthy of credit, so 
far as they go to give the influence of suicide. Persons are usually secret 
about these things. No other persons ever said anything about her intend- 
ing to commit suicide, but the New Bedford Tirrell's. Who are they ? Had 
it not been for theiM 1 apprehend the prisoner would not now have been in 
his unhappy situation. 
My next position is, that Maria A. Bickford was not killed by any person 
in Joel Lawrence's house. The door was locked on the inside at 9 o'clock. 
I do not intend to say anything about the credibility of witnesses from this 
house-it has been given to you and the character of the house cannot im- 
peach their testimony- Much has been said by the learned Counsel, because 
Mr. Lawrence objected to having Mr. Bowker go up stairs, and he asked em- 
phatically, why it was so ? Persons who keep houses of this character, are 
usually afraid to have persons enter them. He thought the fire was out, and 
very naturally objected to his going up. 
I think the learned Counsel treated Mr. Lawrence very unjustly, or to use 
his favorite expression, very unchristianly. 
My next proposition, gentlemen, is, that the homicide was done by Albert 
J. Tirrell. The council contends that he was not there-but if not there 
where was he ? Why don't he prove an alibi now in this hour of peril ? He 
was there at 10 o'clock, and was heard to come down stairs and leave the 
house,-and he went to Fullam's stable, where he said the house was on 
fire. His drawers were found in the house bloody, and his clothes were 
piled up against the door of the room opposite. He told Fullarn he had got 
into trouble, and that the house was on fire. He told Oliver Thompson he 
had got into trouble. The learned Council eloquently urged that his flight 
was caused by fear of indictment for adultery. There was no indictment 
out against him; he was at liberty to go and come without fear, and this 
story about his flying from this indictment is all a pretence. 
No bloody garments were found upon him, because he left them there, 
and he washed the traces from his hand. 
Mr. Parker's next proposition was, that it was murder without extenuation 
and the slightest justification. 
Upon the principle of law, if there is any extenuation of a murder, it lies 
with the defendant to show it. It does not appear but that the prisoner is 
sane and perfectly capable of attending to business in the day time, and if 
so, it is not to be presumed by the law that he is insane, or in a state of som- 
nambulism unless he proves it. He must prove that he was in an actual state 
of somnambulism, at the time he slipped down stairs, that would have waked 
him. It seems that he had these fits only once a month by his mother's 
testimony. The last time he had one, that we know of, was on board of 
the Sultana, and that one night only. Since then we have heard nothing of 
them. 
l$r. Parker here read from Brewster's Encyclopedia, that somnambulism 
is a state of sleep from which, when the subject wakes, he has no conscious- 
ness of what has transpired. 30 
Mr. Choate read an extract contradicting the statement in Brewster's En- 
cyclopedia. 
'Mr. Parker. " When doctors disagree, who shall decide ?" 
Mr. P. continued-Mr. Head, gentlemen, said emphatically in his evidence 
that prisoner told him he had been at Fullam's. The learned counsel con- 
tended that he was at Head's first 
He was awake at Fullam's and remembered that he had seen fire, and 
this knocked all this humbug about Somnambulism in the head- Mr. and 
Mrs. Head were government witnesses, and also witnesses for the defence. 
He was awake at Fullam's and must have gone to sleep on the way to Mr. 
Head's. It is an idle trick, in my opinion. 
Another thing; the prisoner had not been steeped in blood, and he woidd 
exhibited all those symptoms after leaving a scene of blood and arson. There 
is no evidence except Mr. and Mrs. Head's, that he was in an unnatural state 
and 1 do not think you can acquit the prisoner on that. 
1 wish 1 could borrow what the learned counsel has applied to the inmates 
of Mr. Lawrence's house, and apply them to the New Bedford Tirrells. Eli- 
hu Tirrell must have satisfied you of his character, while on the stand. 
Mr. Parker next referred to the motive.-He had every assurance that if 
he would conduct himself properly for six months, his trouble lor the in- 
dictment for adultery would cease. On the Saturday afternoon prior to the 
the murder he met his brother in the city and wished to borrow some money 
to go home. But he did not go. He idolised this woman-his money was 
all gone; and in moments of contrition he wanted to go home. How could 
he disenthral himself but by dashing this idol to pieces. Here is a mo- 
tive. 
There is much of mystery about their connexion, but she had deprived 
him of his money, his friends and his happiness. This would operate as a 
motive. The learned counsel inquired why he did not take an opportunity 
before ? lie did not desire to, his situation was different then. Her mouth 
is sealed in death, and the motive is known only to himself. But it is not 
necessary for the government to show a motive, if you are convinced of the 
fact. 
This is a very important case to the community. Life must be protected, 
and you must do your duty. I ask you to look at the evidence as reasonable 
men, and give the prisoner ah the advantages he is entitled to. 
Mr. Parker closed his argument, with some very sensible remarks to the 
Jury, and sat down, after having addressed the Juiy ably and eloquently for 
two hours. 
Judge Wilde then addressed the prisoner, and told him if he had any 
thing further to say in his defence, a humane custom allowed him the priv- 
ilege. . 
Prisoner-I leave my cause where my counsel have left it. I do not feel 
able to address the Court. 
These few words were spoken in a voice somewhat tremulous' and after 
consulting Mr. Choate. 
JUDGE DEWEYS CHARGE. 
Gentlemen: The prisoner at the bar stands accused of the murder of 
Mary A. Bickford. It is a case, gentlemen of the jury, of vast moment, and 
upon which the life of the prisoner hangs ; but the law throws around it 
such safeguards that it is presumed that no innocent man can suffer the pen- 
alty of death. He is tried by twelve men selected from the ranks of the peo- 
ple. He has the right to have witnesses summoned at the expense of gov- 
ernment, and is allowed the presumption of innocence until convicted. 
The prisoner is charged with the wilful murder of Mary Ann Bickford- 31 
a debased, degraded woman, but not the less within protection of the law 
which wisely throws its shield over all. She is de b ? 'Jed of viol nice. 
Was it murder, or suicide ? Did the prisoner p ■' it, and was he ac- 
countable to the law at the time ? 
Murder is taking lite by malice aforethought. A' • ; is implied inlaw, 
when the act of taking life is deliberate and ini. ' • >■ 
(The learned judge here defined the law in c; deliberate murdc 'and 
manslaughter.) 
In the present case there is no occasion for kn< wledge that angry feelings 
existed between the prisoner and the deceased. > It is either a case of mur- 
der or suicide. Upon the government rests the procf of defendant's guilt, 
established by direct or circumstantial proof. Direct testimony is when a 
witness informs the jury that he the blow giver, v Inch takes life : and by 
this kind of evidence, you saved the painful neces- \ of Irawing inferences. 
But there may be perjury, and that you are to u?k .to consideration. 
Circumstantial testimony in cases of secret hoi ide, depends somewhat 
upon its force and effect upon your knowled ' fW1 tinman nature, and in all 
grades of evidence from those very light to the i ir ingest certainly, the pris- 
oner is entitled to the benefit of every doubt w' ich n ay exist in your minds. 
if you are brought to the conclusion thattl. prisoner committed the mur- 
der, then he is responsible. It is contended s>y the gove nment that lie was 
aione witii the woman, and that he commit ed the act while she slept; and 
yoil are to judge from the testimony if he was there. He told Fullam he 
had been where there was fire. 
Mr. Choate here desired the lion. Judge to refer to Fullam's evidence. 
He told Fullam he had got into trouble. No attempt has been made by 
he prisoner to prove an alibi. The house was on fire. It is pressed upon 
ou that the prisoner set it on fire to conceal the murder. The defence con- 
nd that it may have been done by the deceased, or that it may have been 
me accidentally by the prisoner, or to screen himself from the suspicion of 
le murder. 
Look at the case, gentlemen ; the matches in the bed; look upon the ob- 
ject and motive of the prisoner. Also, bear in mind that the body of decea- 
sed was burnt. If you are satisfied that the prisoner set the house on fire, 
how far does it implicate him in the murder ? 
Then comes up the position of the body on the floor. Dr. Moriarty states 
that it would be impossible for her to place herself on the floor, after inflict- 
ing such a wound. Dr. Channing is vague ; he says in great excitement it 
might have been done. The government i'ely upon the i'act of the body be- 
ing found in this position as a strong point that sne did not commit suicide. 
The evidence on this point must be of a character to perfectly satisfy 
you, and all the essential factsand circumstances upon which an opinion can 
be founded are before you. Did the prisoner inflict the wound upon the de- 
ceased, from which she died ? 
Consider the testimony of the Coroner-the house on the day when he 
first called to see the body, and the appearance of the room at the time. Then 
go forward to the time of the meeting of the Coroner's Jury, and see wheth- 
er there was or was not time for a change of things, as the prisoner's coun- 
sel has intimated. 
There were witnesses who saw her body earlier than the coroner. Does 
it corroberrate the testimony of the coroner; also Joel and Mrs. Lawrence. 
The position of the body may have been changed by those originally there 
who have not been caught, or changed by others in the house. Directly 
proceeding the cry of fire you have the testimony of the inmates, a scream, 
a fall down stairs, a person in the yard ; Mr. L's is more full; you have tes- 
timony of those who examined the body, and the enquiry arises, who did it, 32 
how was the deanh caused ? Was it by suicide ? The Counsel for the 
prisoner says she dp <1 by her own hand ; it is argued that she might have 
done jhe deed; the j hysiciaas all tell you she might have done its. 
Again it is said, sue had nothing to live for, and no principle within her 
to prevent self rhurdir. She was familiar with the thoughts of self-murder. 
(Reviewed the testimony.) One witness, (Eben Tirrell,) is discredited by 
the counsel for the £ jvernment. It is very important to the prisoner, and 
you must weigh it we I. If' you credit him, then the woman has said si e 
would as soo i cut her throat as not. You are to judge of the evidence wheth 
er she carried these de idly weapons and spoke lightly of taking her life, 
If they lead you to the opinion that he did it, the Court can give no in- 
structions. Is there any reason to suppose that a third person committed 
the murder in the houst ? 
This is proper evideme,for your consideradno. His flight was to Wey- 
mouth, and he contends that the motive was the fear of arrest from a process 
of civil law, and his further flight was at the instigation of Mr. Bailey. If 
you are satisfied that he had ffeasons lor the flight without the crime of mur- 
der, then this circumstance loses its weight. You w ill also consider whether 
he fled because a participation in the murder of Mrs. Bickford. Did they 
have any quarrel ? There is very little evidence that they had quarrels- 
some harsh words passed between them, by the testimony of Priscilla Blood. 
At 9 o'clock, the evidence is that they were present. By the testinion 
Mrs. Philena Hatch, which was not dwelt upon by the Government, it se 
she heard symptoms of a quarrel, like a man whipping his wife, from 
adjoining house. You may consider that there was a brick wall betv 
them. The learned Counsel has stated that he loved her, and to suppos 
took her life is contrary to all human probability. Also the want of mo 
eloquently and ably brought before you. This is a subject for your cor 
eratimi. The want of motive when positive testimony is available is 
necessary; but in circumstantial it is proper to be considered. 
The learned Counsel for the Government has given the motive the 
was so entangled that he cut the cords to sever himself from the nec 
which this woman had thrown around him. 
If upon the evidence here you are not satisfied that he took the li 
Mrs. Bickford, then you are to acquit the prisoner. 
In the next place, a person to be'responsible ibr the confession of i 
der must have possession of his moral faculties. The general theory 
somnambulism, that a portion of the faculties are dormant, and a par 
live. It falls within the range of defence-the law (seeks not its victims 
among those wh i are bereft of their reason. On occasions like this we re- 
sort to the testimony of medical men. But it is your duty, gentlemen, to 
set upon their testimony. 
It is not enough for the prisoner to show that he has been subject to som- 
nambulism, but he must show that lie was in that state of mind on the day of 
the murder Look at Rie evidence of the witnesses in the house; follow 
him to Mr. Head's. His calling at Kullam's, when he appeared perfectly 
rational. You will consider well whether the prisoner did not first call at 
Fullam's. Mr Head said he told him Fullam was to take him to Weymouth. 
The question is whether on Sunday night he was overpowered by disease, 
and not responsible for his acts. If you do not deemed this proved, then 
he was responsible for his actions. 
1 leave the case with you, gentlemen. Give the prisoner every presump- 
tion, and if to your minds he is innocent, give him an acquitta* If, how- 
ever, you come to the conclusion, from duly weighing the evidence, he is 
guilty, it is your duty, however painful, to convict him. 
The Jury after being out 2 hours, returned a verdict of NOT GUILTY. ADVERTISEMENT. 
The following pages tell the melancholy 
story of one of the most remarkable events 
of our times-the story of a young man, not 
twenty years of age, coolly shooting his father. 
Brought up in the midst of the refinements 
of modern society, and surrounded by all the 
advantages that tend to advance men in so- 
cial life, if not in morals also, his fearful 
crime sadly illustrates how unfortunate circum- 
stances may warp the human judgment, blind 
the moral sense, and lead to the perpetration 
of deeds that make us stand aghast with hor- 
ror.