I thought you were leasing occurred today is an absolutely cigar and one that lets you LISA car right from your phone, so early and it was so easy? Why not catch football? Yeah! I've gotta go it's worth down and I'm debating between us. At the end, we have to look into the future car leasing on the road where you can choose from hundreds of cars right in your area. We did you Crystal clear pricing and even drive your car off right, your house, it's easy! It's clear its Roto hey, who is ready for a classic stuffy, must in history, glass episode in case you would have not noticed or our very new to the show these episodes showing up on your feet on saturdays, are ones for our back catalogue that we are sharing. So newer listeners can get a taste of some of the issues from years gone by and since worse, to be in the hollowing season, which is my absolute favorites, where we would normally share some creepy history. It seemed like maybe a good time to give you a little more

with a story about a sleep walking killer named Albert Corral, this episode is really a story of the first time that sleep walking was used as a legal defence and we'll find out how that worked out for two rail. This episode. Welcome to stuff. You missed in history class has to come when working to our part cast I'm Hollingford and I'm Tracy. We Wilson and her hand about sleep walking. I have never had about us of sleep walking my brother use to when he was very small. My parents to put a lock on his door so that they could get in an emergency but that he could not get out and injure himself, which is mean to her parent yesterday. Today, it totally the sleepwalking defence in

criminal trials is not entirely an uncommon and modern modern trials Going on legal experts are continuing to study the validity of such claims and did you sleep walking, is actually on the rise. It doesn't surprise me it's one of those things aware, as as people become more aware of sleep disorders and sleep walking disorders, both there both me getting diagnosed increase and the use as an offence their accurate or not increase, yeah, and we also don't know if there is a cultural or social trigger. Some experts in the field have positive that as we live in a sort of a more nervous anxiety, laden culture. Its actually figuring, more people to have sleepwalking disorders and sleep disorders in general? So we don't know the exam root of why those are on the rise. Those three things are all factors, but in eighteen forty,

x. It was completely unheard of to claim sleepwalking as a defence. Now no one had used that ever until Albert J Toronto It was on trial and his lawyer Rufus Church, took a really unorthodox approach to defending his client at for that I'm it was so out of left field It was almost like that. It wasn't me like dear, you saw me, do it mommy, but nobody did see him do it. We're comes up in the trial crime to place on it the twenty seventh of eighteen, forty, five and since Mary Ann Pickford body, was found Lcd boarding house in Beacon, Hill in Boston. She was Twenty one, a nearby was found on the bed personally on the bed personally on the floor. Different illustrations. You can see on mine that kind of put her in. Places in there's an account that comes up in the trial, for they describe part of her body being for

She was in a nightgown em. She had a wound to the neck that had nearly decapitated her the bed had been set on fire, as well as to other places in the room and backwards here scam were singed and burnt hearing was missing from one of her ears, which was split, open ass though it had been pulled out, and there was a straight razor at the foot of the bed Tis a pretty grisly It is pretty grizzly and am a lot. There's a lot going on there. Bert Tyrrell had been seen with her earlier that evening and a witness account also described him, speak speaking with a stable keeper to try to get export away from the city. Now too, little bit a backroom on these two, because this was not. Appearing that was unknown already. That was not her first encounter with throughout by any means, so actually known to be engaged in an affair. Both of them were married, Bedford, also went by Maria and some other pseudonyms at different times had gotten it

for city life, when she was visiting relatives and sexually. Her husband, who was in Maine to stay in the city permanently and she had even written a letter and said you can come and live in the city and will be husband and wife, but I'm gonna need my freedom kind of thing like I will play the part of life, but I'm not really married to you in my heart. One point. Her husband James actually travelled to Boston to look for her covered her working in a brothel and headed back to me by himself we're proceedings. The prosecution stated at one point that she'd actually moved so Boston with, there more that she presumably met on that. First visit to the city that was obviously not her husband and then that man deserted her, which is what led her to prostitution. So Mary had met Albert Corral, while working and the two of them had started a very intense relationship. People described it as both passionate and volatile they,

travelled together as a married couple, even though she was already married, and he also was married and had a wife and a family on September, twenty ninth eighteen, forty five, which was one month before the murder trailhead headache, we been charged with adultery, his dry was delayed for half a year after six months after friends and relatives and even wife actually petition the court to delay the proceedings because they into to all work together to help Albert reform his ways, and they thought if he could be no proof, he was a good sitting for six months and then go back on the adultery charge, even if he was, guilty of it. They would be a little more lenient because he was clearly trying to mend its ways and the door was granted in albert, was released after you know posting bond and he went right back to Marian PICS. Yes, this episode of stuff you miss in history, glasses, brought. You buy Norton,

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twenty five percent or more of your first year, go to Norton dot com, slash history, that's Norton, Dotcom, slash history for twenty five percent off For our part of the history of them, as a couple were to ran from Boston after the murderer happened here, to hide with relatives in Weymouth and he went north to Canada to get passage aborted to go to Liverpool that voyage had to turn back because of bad weather, and he got a second ship in New York to go to New Orleans in December faith. He was arrested after a Louisiana authorities, got a tip that he was aboard a vessel in the gulf, so dumping he's in custody and he was transported back to Boston for the trial and he hired

tomorrow we should note, was not a poor man had said. His family was well established in the shoe manufacture, trade, and he hired Rufus choked who protege of Daniel Webster as his defence and, Joe was already a very high profile figure with both ongoing legal career. He had served on the Massachusetts State House of Representatives and the state Senate. He had been a member the twenty second and twenty third Congress. He was well. Backed it in legal circles. It was really like the equivalent of hiring a pretty heavy hitter lawyer today, everybody not only was, conceived of this novel defence or his client, claiming in fact, Albert was a somnambulist and that he performed the entire murder in asleep working trains. His only defense. He also tried to discredit the possibility that he had even committed the murder, but that was sort of the new and novel ways that he defended his client great, that the pay

getting started on March twenty. Fourth, eighteen, forty six and according to court records, the judges were wilds Hubbard and do we A judge. Shaw was also scheduled to be there, but he was out. Sick representing the Commonwealth, was Samuel De Parker and for Trail Rufus Shoot and Agnes and Ebby Merrill Esquire jerk Her work very quickly so did that morning If you read the boss to Daily Times account, it seems like they really through, like war. Dear and additional questioning really really quickly, it took about half an hour according to that reporters account of it to select the entire jury with If you have ever done, jury duty, it never takes just half an hour to get everybody settled, so that was pretty expedient. And then parkers opening arguments in a plea to the jurors to disregard any bias that they might have as a result of hearing rumours about the deceased picture

profession. As a woman of the night was not really helping the case, but been leading knowledge. What he called quote: her depraved character, but he reminded the jurors present that the law protects even the wicked, as well as the good when it comes to murder. Perker, all it is certain that, to he was the son of a really successful shoe manufacturer had had to get married very young at A because he had probably gotten his girlfriend pregnant, he stated the cause. If so, early a marriage in his minority. I need not state at an overall scheme to kind of chip away at thrills moral image showing He was impetuous and given to impulsive and wanton behaviour. Perker claims that big bird had actually been afraid of Tyrrell after his adultery arrest, because she was scared he would be angry that their relationship had gotten him into such trouble basis. When it was very public, what was going on and again there are many many people.

Turning the court, so everyone knew his business at that point. Solution also peanut of the events leading up to the discovery of the Kurds, body first. It mention the pair being seen together in the days and on the night leading up to the motor too Scrubbed a faint shriek. Coming from big verge room early in the morning three, the sound of something falling to the floor, for person running than tumbling down the stairs than being heard leaving the house Five was grown or scream of fire and rest. In a nearby room, seeing smoke come under their door and then MRS Lawrence, who was of the family living below those rooms. Coming up the stairs to find Learning bedclothes piled at the top of the stairs and against the door of the other borders room and then seven. Help arriving in the room and MRS Pickford being extinguished, because it was

fire and then the realisation that an item that had been stumbled over in the rush to put out the fires. There was a fire in the car on the bed and including trunk was in fact the body of Mary Pickford so at first they realise there had been a murder. They knew there was a fire which they were putting out and then they realized lake. This person has Paden gruesomely killed right there was additional evidence. Also, there was no fire in the fireplace, so it could not be explained is an exit an accident of the fire used in the room getting out of control the peril which consisted of a vest, drawers, socks and a cane were found in the room. The razor that was found near the body didn't belong to any one who was in the house and then there was the interchange at the stable that we talked about earlier terror throw was reported to have told the ban that he was quote Anna scrape about a girl and then after that, opening on parkers part one

says were called for the prosecution, and there were many call me won't list all of them, but some of the the really germane points that's brought in new information. Org operated, specific elements and information that are important to the sleepwalking angle. So first job is Pratt. Who was the coroner I'm statements from the opening and added that he had also found a ring in the room with the inscription Agee tee to em a bee, presumably Humbird Terrell to Marian Pickford and proud, also found key in the pocket of the vessel. That was in the room which unlocked of a less in the trunk which were believed to have belonged to rural another. Witness was Doktor Joseph Moriarty and he talked about the wound too big for its neck is being from ear to ear and separating the lyrics and the blood vessels He also said that it would be possible to for a person to perform this at one stroke on herself.

And he stated he never knew a person to commit murder on another person with a razor. So it's kind, weird witness. The prosecution is am. I was looking over the note to the case. They were published in the Boston Daily Times and I kept re reading that passage thinking. Did they we call a witness the very good about it to herself, but they really did for reason. I can't family although I think their initial plan was just to describe the severe. Of the wound rights he may or may not have surprised them. With those additional comments so called a jewel Lawrence who only where Mary was killed and he confirm confirm that Acrobat that was found in the burning room was one that he had seen Tyrrell, where previously there was Sir James Fulham, who was the stable keeper,

He said that Europe had told him that somebody had come into the room and tried to murder him, so we're establishing a lot of in congruity comments, This part right. Additional witnesses were called primarily just to corroborate what had been said in the opening, like the the list of things that happen leading The discovery and several were called just to establish the relationship between the deceased and the accused is being run again volatile nature, so there was also The testimony of Missus Mary head. He described an odd encounter with Tyrrell, during which, seemed out of sorts and almost to sleep, and he also made- bizarre sound with his throat d know more about that. I do it will come. The people come up just remember that the Opening argument for the defense had some interesting points and it was delivered not by Mr Shoot but by his associate Mr Merrill, and he of the quotes from his

opening is it does not follow, because a body has been found exhibiting indications of violent death. That a murder has therefore been committed. Is our is very focused on the beyond reasonable doubt angle of finding guilt, and he said so did the clothing found in the room could have belonged to another man or could have been two roles but because he was known to stay with Pickford. Quite often it could have been less there at any time, not necessarily the night of the murder. He so wanted to dispel the idea of it running meant that he was guilty, so he asked are not innocent often being often afraid of being thought guilty. Marrow also read a list of cases where men had been found guilty and executed entirely on circumstantial evidence, so building the boy angles to the case in one is that no one actually saw him do it. He also asserted If two rail had wanted to kill Bigfoot, he had ample opportunity in their travels together before this particular night

it was also a little bit of a character assassination going on against Pickford. She characterized by Maryland, opening as something of a beguiling siren and that she used her wiles to infatuate Terrell and that's what caused him to leave behind his family and turned to her so after all of those layers of defence Merrill. Introduced the somnambulism defence or aiming at about the nature of the condition and reading a variety of cases and medical studies to support what he was trying to say. And according to the Boston Daily Times, Merrill's opening lasted two hours and forty five minutes. There was a lunch break in the middle according to the rapporteur, was quote full of ability and research through out till he was impressive, apparently in his open rights and then witnesses for the defense recalled the first of which was Missus Navvy, who was the widow of Leonard Corral. The mother of the defendant, and she testify

that our had been quote in the habit of getting up in his sleep, since he was four or five years old and she scribe several episode from the time he was tiny until he was. Teenager and then was a young man on his own and left for it. So the time she he lived with her, she described multiple episodes where's he would go on, walk about and do things completely asleep Brother Leonard Vittorio also gave testimony that our was prone to wakeful episodes, while he was still asleep and the during some of them. He he quote clinched hold of me very hard and it was difficult to forces hands off of me Additionally, family and neighbours of the EL family were called to testify that they had also seen Alber in Somnambulist states. Some even asserting that they had interacted with him during these events and found him able to speak and even answer questions but still seem asleep. The defence

attempted to introduce a complaint mentioned by Mary Bedford. That Tyrrell had at one point struck her across the breast forcefully while he was asleep, but it ruled out, as quote coming within the rule of deck, but of declarations, so they couldn't sworn testimony from the deceased to back up this claim right I am most witnesses, also were used to establish the idea. That Albert was in fact, really quite fond of Mary entreated, her very calm, kindly that he was genuinely in love with her. Doctor fanny was called there were several doctors called for the defence, but he testified that the fatal wound could have been suicide or murder weapon Doktor Walter Chiming, also testified that he had knowledge of women committing suicide in this manner and to read about it happening just in his career studies in new journals and staying on abreast of the information of the time

rain. Several other doctors were called to corroborate the argument that a person could easily commit murder, Wellesley, walking and one shoot, and his associates repeatedly established, was that when Albert was barking? He would make an odd, vocal, sound. Some to the one described by MRS Mary head when she was on the stand as a witness for the prosecution, so they kind of artfully linked that back to you remember that person said he seemed really odd and made a weird clicking sound of his throat. That's what he does any sleep walks with us, which he has like an ability to sleep, walk, do things. In his sleep, this episode of stuff, you missed in history glasses, brought to you by Norton three sixty with life. Luck with your shopping online with your smartphone. Its super feels like ear. Personal information is just right there in your hand, but that's not always the case, because, as soon as you hit submit, your personal information could start going other

places? In fact, whenever you shop, bank or browse online, your personal invoking, get out of your control, and that can we be vulnerable to cyber criminals. More threats demand more protection. That's why Norton and Lifelong are now part of one company Norton three, stay with lifelike is an all in one membership for your cyber safety that gives you device security, identity theft, protection and a VP end for online privacy. No one can prevent all cybercrime and identity theft, but nor in three sixty with lifelike as your ally in today's connected world, because your information is out there sign up for Norton three sixty with lifelike today and save twenty five percent or more off your first year, go to Norton dot com, slash history, that's Norton! Dot com, slash history for twenty five years.

Off, though, on Friday March, twenty seventh eighteen, forty six, that the funds made closing arguments charts Things statement was six hour. Long yeah all day pretty much, I felt like that. Philip S door, others too. He was known as an orator, and there are some account the talk about how astounding it is that he could go on for such length, but he never till they use the thread or focus of his speeches. So he had a lot to say and it took him six hours to say it. Yes, His testimony included the following. How far too the testimony leave you did it. Human beings are the prisoner strike. The blow know that human being see him in that house after nine o clock the previous evening, no any human being see him run from the house. No,

any human being see him with a drop of blood upon his hands. Now I would say that on that night he was not labouring under a disease to which he was subject from his youth. No, has he ever made a confession of the deed to the two friend or thief taker? not one word, so that was part of the six outward closing statement. And showed finished it about for twenty five in the afternoon, and after a brief recess, Mister Perker meet his closing argument. Some eating his case which is repeating what did come up throughout the the trial and he wrapped up at six. Fifty Albert Rail waved his option to address the jury and the court was adjourned until Saturday, the following day on Saturday morning judge. Do we addressed the jury at length.

On some manual issue, he said quote: medical testimony is very properly admitted in these cases, but it should be weighed carefully It is dangerous to admit the possession of this disease lead and the reveries of our brains. The possessors might commit deeds in others would be high crimes. So After just two hours of deliberation at ten minutes to women, the jury returned with their verdict, which was not guilty. And the format of the jury actually stated, though, that the question- and I quote, the question of somnambulism- had not entered into the consideration of the jury. So even with this, blocking defence, it seems like the circumstantial nature of the evidence was actually what hurt the prosecution However, this case is usually cited as the first use of the sleepwalking defence his characterizes, though that's the reason for the acquittal, but the jury format, that wasn't even really a factor for them.

Well was also tried for the arson charges that were associated with the night of the murder, choked defended him again with the same defence and used many of the same witness events, and he was once again acquitted perhaps emboldened by these two successive thrill, Surely this is so brazen requested that showed and half of his fees, as the case had, Cases have obviously been one with greater ease than expected. Showed, of course, refused. However, he didn't get off on everything. Throw was, can that of adultery and ended up serving three years for it and after that, He returned to his wife and children and Weymouth, and he lived out. These days working in the family business a shoe manufacture. He could never hang on any of his money. They did have another child, but that was sort of his his life, to the trial that pretty quiet after his trials in his time He went home again and choke

need his impressive legal career. Any continue to be involved, politics was, behold other park ask us. He really was at the next point of a lot of important moments that interesting thing about as it from a modern perspective. Would this defence have we have water- and we know people use the sea blocking defence in modern times, there's a famous case from Canada, we eighties, where a man had driven. I think fourteen miles his in laws and woke up while he was driving home and drove himself to the police station and he was actually quitted. So we know these still come up and there are still some meaning that come up even more modern man. They dont always succeed, though and a Michael Cramer born men who medical doctor, animal, Director of the cardio sleep services at the University of Minnesota was Inner I focus magazine and he said of sleep walking disorders, something in the switch

Tween phases goes wrong: creating an abhorrent electrical impulse, tat triggers and overlap between states. Fully in room. So your muscles are relaxed, not paralyzed and you're, not fully in non room, so you they'll, be dreaming in this state, some of the brains per Message will be awake, while others are off line That way, the violent behavior you ask yes, he continues as with many things in narrow pathology has to do with real estate brain. Structures like the hypothalamus that regulate sleep, sit next to the mid brain where early evolved, behaviors lie so in this ethical impulse is spark that also wakes up this part of the brain leaving memorial areas like the frontal cortex asleep. That leaves nothing to inhibit your rage reaction, while your sleep walking and that's why people are advised to never wake asleep worker. Because their reaction, may not be delightful or pleasant. Completely, not

in any way dampened by their morality, so they could do something without even realizing it, but some of them behaviors like the fight to conceal evidence and running in hiding are since it was sleepwalking actions, as we now understand them. He had not try to include that in his defence. You could make the case but use the same difference in his arson trial. Right right though it it's, feasible from a neurological perspective that asleep Walker could kill another person. Sleep, but that then attempting to conceal evidence, while asleep unlikely. That's that much less likely yeah. So if he were trying to day and uselessly barking defence, particularly for the arson element, he would probably not very well since that was part of the concealment of the prize. So that's the first in the. U S anyway, sleepwalking defence- and it was successful.

Yes, have you seen the movie sleep with me? Yes, This reminded me of that and how alarmed he is when he hears that people wildly blocking when having sleep disorders have either inadvertently or acting out a rage impulse killed the person that that they were sleeping with began fascinating stuff. I was worried secretly that I will one day magically begin sleepwalking in doing that, thinks that the fear of mine, These results that were sharing our asked classics. We updated information that will supersede complex doubly of her before email us are email address. Is history podcasting house of lords dot com? Can you can find us across the spectrum of social me? as MS didn't history, you can also find us at missed in history, dot com, and you can visit our parent company house of works, how stupid

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