Albert Jackson Tirrell (1824–1880) was a man whose trial for the murder of the prostitute for whom he had left his wife scandalized Boston society in 1846.
His parents hired Rufus Choate, a famous Boston attorney who was noted for the innovative defense strategies he employed to acquit his clients.
A bloody razor lay near her body, bits of Tirrell's clothing and his cane were at the crime scene, and fires had been set nearby as if to destroy evidence.
With oratorial flourish, Choate read to the jury popular treatises with descriptions of violence attributed to sleepwalking, while reminding them that if they returned a guilty verdict, Tirrell would certainly be executed even if there existed a remote chance that he was innocent.
[5] Choate successfully used the same 'insanity of sleep' defense in a second trial to acquit Tirrell on the arson charges for setting fire to the brothel.
After being acquitted, Tirrell attempted unsuccessfully to get half of Choate's legal fees refunded on the grounds that his innocence had been obvious.