Marital Power Exemplified in Mrs. Packard's Trial, and Self-Defence from the Charge of Insanity

by E. P. W. Packard

INTRODUCTION.

A brief narrative of the events which occasioned the following Trial seems necessary as an Introduction to it, and are here presented for the kind reader’s candid consideration. It was in a Bible-class in Manteno, Kankakee County, Illinois, that I defended some religious opinions which conflicted with the Creed of the Presbyterian Church in that place, which brought upon me the charge of insanity. It was at the invitation of Deacon Dole, the teacher of that Bible-class, that I consented to become his pupil, and it was at his special request that I brought forward my views to the consideration of the class. The class numbered six when I entered it, and forty-six when I left it. I was about four months a member of it. I had not the least suspicion of danger or harm arising in any way, either to myself or others, from thus complying with his wishes, and thus uttering some of my honestly cherished opinions. I regarded the principle of religious tolerance as the vital principle on which our government was based, and I in my ignorance supposed this right was protected to all American citizens, even to the wives of clergymen. But, alas! my own sad experience has taught me the danger of believing a lie on so vital a question. The result was, I was legally kidnapped and imprisoned three years simply for uttering these opinions under these circumstances.

I was kidnapped in the following manner.—Early on the morning of the 18th of June, 1860, as I arose from my bed, preparing to take my morning bath, I saw my husband approaching my door with our two physicians, both members of his church and of our Bible-class,—and a stranger gentleman, sheriff Burgess. Fearing exposure I hastily locked my door, and proceeded with the greatest dispatch to dress myself. But before I had hardly commenced, my husband forced an entrance into my room through the window with an axe! And I, for shelter and protection against an exposure in a state of almost entire nudity, sprang into bed, just in time to receive my unexpected guests. The trio approached my bed, and each doctor felt my pulse, and without asking a single question both pronounced me insane. So it seems that in the estimation of these two M. D.’s, Dr. Merrick and Newkirk, insanity is indicated by the action of the pulse instead of the mind! Of course, my pulse was bounding at the time from excessive fright; and I ask, what lady of refinement and fine and tender sensibilities would not have a quickened pulse by such an untimely, unexpected, unmanly, and even outrageous entrance into her private sleeping room? I say it would be impossible for any woman, unless she was either insane or insensible to her surroundings, not to be agitated under such circumstances. This was the only medical examination I had. This was the only trial of any kind that I was allowed to have, to prove the charge of insanity brought against me by my husband. I had no chance of self defence whatever. My husband then informed me that the “forms of law” were all complied with, and he therefore requested me to dress myself for a ride to Jacksonville, to enter the Insane Asylum as an inmate. I objected, and protested against being imprisoned without any trial. But to no purpose. My husband insisted upon it that I had no protection in the law, but himself, and that he was doing by me just as the laws of the State allowed him to do. I could not then credit this statement, but now know it to be too sadly true; for the Statute of Illinois expressly states that a man may put his wife into an Insane Asylum without evidence of insanity. This law now stands on the 26th page, section 10, of the Illinois statute book, under the general head of “charities”! The law was passed February 15, 1851.

I told my husband I should not go voluntarily into the Asylum, and leave my six children and my precious babe of eighteen months, without some kind of trial; and that the law of force, brute force, would be the only power that should thus put me there. I then begged of him to handle me gently, if he was determined to force me, as I was easily hurt, and should make no physical resistance. I was soon in the hands of the sheriff, who forced me from my home by ordering two men to carry me to the wagon which took me to the depot. Esquire Labrie, our nearest neighbor, who witnessed this scene, said he was willing to testify before any court under oath, that “Mrs. Packard was literally kidnapped.” I was carried to the cars from the depot in the arms of two strong men, whom my husband appointed for this purpose, amid the silent and almost speechless gaze of a large crowd of citizens who had collected for the purpose of rescuing me from the hands of my persecutors. But they were prevented from executing their purpose by the lie Deacon Dole was requested by my husband to tell the excited crowd, viz: that “The Sheriff has legal papers to defend this proceeding,” and they well knew that for them to resist the Sheriff, the laws would expose themselves to imprisonment. The Sheriff confessed afterwards to persons who are now willing to testify under oath, that he told them that he did not have a sign of a legal paper with him, simply because the probate court refused to give him any, because, as they affirmed, he had not given them one evidence of insanity in the case. Sheriff Burgess died while I was incarcerated.

When once in the Asylum I was beyond the reach of all human aid, except what could come through my husband, since the law allows no one to take them out, except the one who put them in, or by his consent; and my husband determined never to take me out, until I recanted my new opinions, claiming that I was incurably insane so long as I could not return to my old standpoint of religious belief. Of course, I could not believe at my option, but only as light and evidence was presented to my own mind, and I was too conscientious to act the hypocrite, by professing to believe what I could not believe. I was therefore pronounced “hopelessly insane,” and in about six weeks from the date of my imprisonment, my husband made his arrangements to have me, henceforth, legally regarded as hopelessly insane. In this defenceless, deplorable condition I lay closely imprisoned three years, being never allowed to step my foot on the ground after the first four months. At the expiration of three years, my oldest son, Theophilus, became of age, when he immediately availed himself of his manhood, by a legal compromise with his father and the trustees, wherein he volunteered to hold himself wholly responsible for my support for life; if his father would only consent to take me out of my prison. This proposition was accepted by Mr. Packard, with this proviso that if ever I returned to my own home and children he should put me in again for life. The Trustees had previously notified Mr. Packard that I must be removed, as they should keep me no longer. Had not this been the case, my son’s proposition would doubtless have been rejected by him.

The reasons why the Trustees took this position was, because they became satisfied that I was not a fit subject for that institution, in the following manner: On one of their official visits to the institution, I coaxed Dr. McFarland, superintendent of the Asylum, to let me go before them and “fire a few guns at Calvinism,” as I expressed myself, that they might know and judge for themselves whether I deserved a life-long imprisonment for indulging such opinions. Dr. McFarland replied to my request, that the Trustees were Calvinists, and the chairman a member of the Presbyterian Synod of the United States.

“Never mind,” said I, “I don’t care if they are, I am not afraid to defend my opinions even before the Synod itself. I don’t want to be locked up here all my lifetime without doing something. But if they are Calvinists,” I added, “you may be sure they will call me insane, and then you will have them to back you up in your opinion and position respecting me.” This argument secured his consent to let me go before them. He also let me have two sheets of paper to write my opinions upon. With my document prepared, “or gun loaded,” as I called it, and examined by the Doctor to see that all was right, that is, that it contained no exposures of himself, I entered the Trustees’ room, arm in arm with the Doctor, dressed in as attractive and tasteful a style as my own wardrobe and that of my attendant’s would permit. Mr. Packard was present, and he said to my friends afterwards that he never saw his wife look so “sweet and attractive” as I then did. After being politely and formally introduced to the Trustees, individually, I was seated by the chairman, to receive his permission to speak, in the following words: “Mrs. Packard, we have heard Mr. Packard’s statement, and the Doctor said you would like to speak for yourself. We will allow you ten minutes for that purpose.”

I then took out my gold watch, (which was my constant companion in my prison,) and looking at it, said to the Doctor, “please tell me if I overgo my limits, will you?” And then commenced reading my document in a quiet, calm, clear, tone of voice. It commenced with these words: “Gentlemen, I am accused of teaching my children doctrines ruinous in their tendency, and such as alienate them from their father. I reply, that my teachings and practice both, are ruinous to Satan’s cause, and do alienate my children from Satanic influences. I teach Christianity, my husband teaches Calvinism. They are antagonistic systems and uphold antagonistic authorities. Christianity upholds God’s authority; Calvinism the devil’s authority,” &c., &c.

Thus I went on, most dauntlessly and fearlessly contrasting the two systems, as I viewed them, until my entire document was read, without being interrupted, although my time had more than expired. Confident I had secured their interest as well as attention, I ventured to ask if I might be allowed to read another document I held in my hand, which the Doctor had not seen. The request was voted upon and met not only with an unanimous response in the affirmative, but several cried out: “Let her go on! Let us hear the whole!” This document bore heavily upon Mr. Packard and the Doctor both. Still I was tolerated. The room was so still I could have heard a clock tick. When I had finished, instead of then dismissing me, they commenced questioning me, and I only rejoiced to answer their questions, being careful however not to let slip any chance I found to expose the darkest parts of this foul conspiracy, wherein Mr. Packard and their Superintendent were the chief actors. Packard and McFarland both sat silent and speechless, while I fearlessly exposed their wicked plot against my personal liberty and my rights. They did not deny or contradict one statement I made, although so very hard upon them both.

Thus nearly one hour was passed, when Mr. Packard was requested to leave the room. The Doctor left also, leaving me alone with the Trustees. These intelligent men at once endorsed my statements, and became my friends. They offered me my liberty at once, and said that anything I wanted they stood ready to do for me. Mr. Brown, the Chairman, said he saw it was of no use for me to go to my husband; but said they would send me to my children if I wished to go, or to my father in Massachusetts, or they would board me up in Jacksonville. I thanked them for their kind and generous offers; “but,” said I, “it is of no use for me to accept of any one of them, for I am still Mr. Packard’s wife, and there is no law in America to protect a wife from her husband. I am not safe from him outside these walls, on this continent, unless I flee to Canada; and there, I don’t know as a fugitive wife is safe from her husband. The truth is, he is determined to keep me in an Asylum prison as long as I live, if it can be done; and since no law prevents his doing so, I see no way for me but to live and die in this prison. I may as well die here as in any other prison.”

These manly gentlemen apprehended my sad condition and expressed their real sympathy for me, but did not know what to advise me to do. Therefore they left it to me and the Doctor to do as we might think best. I suggested to the Doctor that I write a book, and in this manner lay my case before the People—the government of the United States—and ask for the protection of the laws. The Doctor fell in with this suggestion, and I accordingly wrote my great book of seven hundred pages, entitled “The Great Drama,—An Allegory,” the first installment of which is already in print and six thousand copies in circulation. This occupied me nine months, which completed my three years of prison life.

The Trustees now ordered Mr. Packard to take me away, as no one else could legally remove me. I protested against being put into his hands without some protection, knowing, as I did, that he intended to incarcerate me for life in Northampton Asylum, if he ever removed me from this. But, like as I entered the Asylum against my will, and in spite of my protest, so I was put out of it into the absolute power of my persecutor again, against my will, and in spite of my protest to the contrary.

I was accordingly removed to Granville, Putnam County, Illinois; and placed in the family of Mr. David Field who married my adopted sister, where my son paid my board for about four months. During this time, Granville community became acquainted with me and the facts in the case, and after holding a meeting of the citizens on the subject the result was, that Sheriff Leaper was appointed to communicate to me their decision, which was, that I go home to my children taking their voluntary pledge as my protection; that, should Mr. Packard again attempt to imprison me without a trial, that they would use their influence to get him imprisoned in a penitentiary, where they thought the laws of this Commonwealth would place him. They presented me thirty dollars also to defray the expenses of my journey home to Manteno. I returned to my husband and little ones, only to be again treated as a lunatic. He cut me off from communication with this community, and my other friends, by intercepting my mail; made me a close prisoner in my own house; refused me interviews with friends who called to see me, so that he might meet with no interference in carrying out the plan he had devised to get me incarcerated again for life. This plan was providentially disclosed to me, by some letters he accidentally left in my room one night, wherein I saw that I was to be entered, in a few days, into Northampton Insane Asylum for life; as one of these letters from Doctor Prince, Superintendent of that Asylum, assured me of this fact. Another from his sister, Mrs. Marian Severance, of Massachusetts, revealed the mode in which she advised her brother to transfer me from my home prison to my Asylum prison. She advised him to let me go to New York, under the pretence of getting my book published, and have him follow in a train behind, assuring the conductors that I must be treated as an insane person, although I should deny the charge, as all insane persons did, and thus make sure of their aid as accomplices in this conspiracy against my personal liberty. The conductor must be directed to switch me off to Northampton, Mass., instead of taking me to New York, and as my through ticket would indicate to me that all was right, she thought this could be done without arousing my suspicions; then engage a carriage to transport me to the Asylum under the pretext of a hotel, and then lock me up for life as a state’s pauper! Then, said she, you will have her out of the way, and can do as you please with her property, her children, and even her wardrobe; don’t, says she, be even responsible this time for her clothing. (Mr. Packard was responsible for my body clothing in Jacksonville prison, but for nothing else. I was supported there three years as a state pauper. This fact, Mr. Packard most adroitly concealed from my rich father and family relatives, so that he could persuade my deluded father to place more of my patrimony in his hands, under the false pretense that he needed it to make his daughter more comfortable in the Asylum. My father sent him money for this purpose, supposing Mr. Packard was paying my board at the Asylum.)

Another letter was from Dr. McFarland, wherein I saw that Mr. Packard had made application for my readmission there, and Dr. McFarland had consented to receive me again as an insane patient! But the Trustees put their veto upon it, and would not consent to his plea that I be admitted there again. Here is his own statement, which I copied from his own letter: “Jacksonville, December 18, 1863. Rev. Mr. Packard, Dear Sir: The Secretary of the Trustees has probably before this communicated to you the result of their action in the case of Mrs. Packard. It is proper enough to state that I favored her readmission”! Then follows his injunction to Mr. Packard to be sure not to publish any thing respecting the matter. Why is this? Does an upright course seek or desire concealment? Nay, verily: It is conscious guilt alone that seeks concealment, and dreads agitation lest his crimes be exposed. Mine is only one of a large class of cases, where he has consented to readmit a sane person, particularly the wives of men, whose influence he was desirous of securing for the support of himself in his present lucrative position.

Yes, many intelligent wives and mothers did I leave in that awful prison, whose only hope of liberty lies in the death of their lawful husbands, or in a change of the laws, or in a thorough ventilation of that institution. Such a ventilation is needed, in order that justice be done to that class of miserable inmates who are now unjustly confined there.

When I had read these letters over three or four times, to make it sure I had not mistaken their import, and even took copies of some of them, I determined upon the following expedient as my last and only resort, as a self defensive act.

There was a stranger man who passed my window daily to get water from our pump. One day as he passed I beckoned to him to take a note which I had pushed down through where the windows come together, (my windows were firmly nailed down and screwed together, so that I could not open them,) directed to Mrs. A. C. Haslett, the most efficient friend I knew of in Manteno, wherein I informed her of my imminent danger, and begged of her if it was possible in any way to rescue me to do so, forthwith, for in a few days I should be beyond the reach of all human help. She communicated these facts to the citizens, when mob law was suggested as the only available means of rescue which lay in their power to use, as no law existed which defended a wife from a husband’s power, and no man dared to take the responsibility of protecting me against my husband. And one hint was communicated to me clandestinely that if I would only break through my window, a company was formed who would defend me when once outside our house. This rather unlady-like mode of self defence I did not like to resort to, knowing as I did, if I should not finally succeed in this attempt, my persecutors would gain advantage over me, in that I had once injured property, as a reason why I should be locked up. As yet, none of my persecutors had not the shadow of capital to make out the charge of insanity upon, outside of my opinions; for my conduct and deportment had uniformly been kind, lady-like and Christian; and even to this date, January, 1866, I challenge any individual to prove me guilty of one unreasonable or insane act. The lady-like Mrs. Haslett sympathized with me in these views; therefore she sought council of Judge Starr of Kankakee City, to know if any law could reach my case so as to give me the justice of a trial of any kind, before another incarceration. The Judge told her that if I was a prisoner in my own house, and any were willing to take oath upon it, a writ of habeas corpus might reach my case and thus secure me a trial. Witnesses were easily found who could take oath to this fact, as many had called at our house to see that my windows were screwed together on the outside, and our front outside door firmly fastened on the outside, and our back outside door most vigilantly guarded by day and locked by night. In a few days this writ was accordingly executed by the Sheriff of the county, and just two days before Mr. Packard was intending to start with me for Massachusetts to imprison me for life in Northampton Lunatic Asylum, he was required by this writ to bring me before the court and give his reasons to the court why he kept his wife a prisoner. The reason he gave for so doing was, that I was Insane. The Judge replied, “Prove it!” The Judge then empannelled a jury of twelve men, and the following Trial ensued as the result. This trial continued five days. Thus my being made a prisoner at my own home was the only hinge on which my personal liberty for life hung, independent of mob law, as there is no law in the State that will allow a married woman the right of a trial against the charge of insanity brought against her by her husband; and God only knows how many innocent wives and mothers my case represents, who have thus lost their liberty for life, by this arbitrary power, unchecked as it is by no law on the Statute book of Illinois.

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THE GREAT TRIAL
OF
MRS. ELIZABETH P. W. PACKARD,

Who was confined for three years in the State Asylum, of Illinois,
charged by her husband, Rev. Theophilus Packard, with being
insane. Her discharge from the Asylum, and subsequent
imprisonment at her own house by her
husband. Her release on a writ of
Habeas Corpus, and the question
of her sanity tried
by a jury.

Her sanity fully established.

A FULL REPORT OF THE TRIAL, INCIDENTS, ETC.

BY STEPHEN R. MOORE, ATTORNEY AT LAW.

In preparing a report of this trial, the writer has had but one object in view, namely, to present a faithful history of the case as narrated by the witnesses upon the stand, who gave their testimony under the solemnity of an oath. The exact language employed by the witnesses, has been used, and the written testimony given in full, with the exception of a letter, written by Dr. McFarland, to Rev. Theophilus Packard, which letter was retained by Mr. Packard, and the writer was unable to obtain a copy. The substance of the letter is found in the body of the report, and has been submitted to the examination of Mr. Packard’s counsel, who agree that it is correctly stated.

This case was on trial before the Hon. Charles R. Starr, at Kankakee City, Illinois, from Monday, January 11th, 1864, to Tuesday the 19th, and came up on an application made by Mrs. Packard, under the Habeas Corpus Act, to be discharged from imprisonment by her husband in their own house.

The case has disclosed a state of facts most wonderful and startling. Reverend Theophilus Packard came to Manteno, in Kankakee county, Illinois, seven years since, and has remained in charge of the Presbyterian Church of that place until the past two years.

In the winter of 1859 and 1860, there were differences of opinion between Mr. Packard and Mrs. Packard, upon matters of religion, which resulted in prolonged and vigorous debate in the home circle. The heresies maintained by Mrs. Packard were carried by the husband from the fireside to the pulpit, and made a matter of inquiry by the church, and which soon resulted in open warfare; and her views and propositions were misrepresented and animadverted upon, from the pulpit, and herself made the subject of unjust criticism. In the Bible Class and in the Sabbath School, she maintained her religious tenets, and among her kindred and friends, defended herself from the obloquy of her husband.

To make the case fully understood, I will here remark, that Mr. Packard was educated in the Calvinistic faith, and for twenty-nine years has been a preacher of that creed, and would in no wise depart from the religion of his fathers. He is cold, selfish and illiberal in his views, possessed of but little talent, and a physiognomy innocent of expression. He has large self-will, and his stubbornness is only exceeded by his bigotry.

Mrs. Packard is a lady of fine mental endowments, and blest with a liberal education. She is an original, vigorous, masculine thinker, and were it not for her superior judgment, combined with native modesty, she would rank as a “strong-minded woman.” As it is, her conduct comports strictly with the sphere usually occupied by woman. She dislikes parade or show of any kind. Her confidence that Right will prevail, leads her to too tamely submit to wrongs. She was educated in the same religious belief with her husband, and during the first twenty years of married life, his labors in the parish and in the pulpit were greatly relieved by the willing hand and able intellect of his wife.

Phrenologists would also say of her, that her self-will was large, and her married life tended in no wise to diminish this phrenological bump. They have been married twenty-five years, and have six children, the issue of their intermarriage, the youngest of whom was eighteen months old when she was kidnapped and transferred to Jacksonville. The older children have maintained a firm position against the abuse and persecutions of their father toward their mother, but were of too tender age to render her any material assistance.

Her views of religion are more in accordance with the liberal views of the age in which we live. She scouts the Calvinistic doctrine of man’s total depravity, and that God has foreordained some to be saved and others to be damned. She stands fully on the platform of man’s free agency and accountability to God for his actions. She believes that man, and nations, are progressive; and that in his own good time, and in accordance with His great purposes, Right will prevail over Wrong, and the oppressed will be freed from the oppressor. She believes slavery to be a national sin, and the church and the pulpit a proper place to combat this sin. These, in brief, are the points in her religious creed which were combatted by Mr. Packard, and were denominated by him as “emanations from the devil,” or “the vagaries of a crazed brain.”

For maintaining such ideas as above indicated, Mr. Packard denounced her from the pulpit, denied her the privilege of family prayer in the home circle, expelled her from the Bible Class, and refused to let her be heard in the Sabbath School. He excluded her from her friends, and made her a prisoner in her own house.

Her reasonings and her logic appeared to him as the ravings of a mad woman—her religion was the religion of the devil. To justify his conduct, he gave out that she was insane, and found a few willing believers, among his family connections.

This case was commenced by filing a petition in the words following, to wit:

STATE OF ILLINOIS,	}	ss.
KANKAKEE COUNTY.

To the Honorable Charles R. Starr, Judge of the 20th Judicial Circuit in the State of Illinois.

William Haslet, Daniel Beedy, Zalmon Hanford, and Joseph Younglove, of said county, on behalf of Elizabeth P. W. Packard, wife of Theophilus Packard, of said county, respectfully represent unto your Honor, that said Elizabeth P. W. Packard is unlawfully restrained of her liberty, at Manteno, in the county of Kankakee, by her husband, Rev. Theophilus Packard, being forcibly confined and imprisoned in a close room of the dwelling-house of her said husband, for a long time, to wit, for the space of four weeks, her said husband refusing to let her visit her neighbors and refusing her neighbors to visit her; that they believe her said husband is about to forcibly convey her from out the State; that they believe there is no just cause or ground for restraining said wife of her liberty; that they believe that said wife is a mild and amiable woman. And they are advised and believe, that said husband cruelly abuses and misuses said wife, by depriving her of her winter’s clothing, this cold and inclement weather, and that there is no necessity for such cruelty on the part of said husband to said wife; and they are advised and believe, that said wife desires to come to Kankakee City, to make application to your Honor for a writ of habeas corpus, to liberate herself from said confinement or imprisonment, and that said husband refused and refuses to allow said wife to come to Kankakee City for said purpose; and that these petitioners make application for a writ of habeas corpus in her behalf, at her request. These petitioners therefore pray that a writ of habeas corpus may forthwith issue, commanding said Theophilus Packard to produce the body of said wife, before your Honor, according to law, and that said wife may be discharged from said imprisonment.

(Signed)		WILLIAM HASLET.
		DANIEL BEEDY.
		ZALMON HANFORD.
		J. YOUNGLOVE.

J. W. Orr,	}
H. Loring,		Petitioners’ Attorney.
Stephen R. Moore, Counsel.

STATE OF ILLINOIS,	}	ss.
KANKAKEE COUNTY.

William Haslet, Daniel Beedy, Zalmon Hanford, and Joseph Younglove, whose names are subscribed to the above petition, being duly sworn, severally depose and say, that the matters and facts set forth in the above petition are true in substance and fact, to the best of their knowledge and belief.

WILLIAM HASLET.

DANIEL BEEDY.

ZALMON HANFORD.

J. YOUNGLOVE.

Sworn to and subscribed before me, this	}
11th day of January, A. D. 1864.
Mason B. Loomis, J. P.

Upon the above petition, the Honorable C. R. Starr, Judge as aforesaid, issued a writ of habeas corpus, as follows:

STATE OF ILLINOIS,	}	ss.
KANKAKEE COUNTY.

The People of the State of Illinois, To Theophilus Packard

We command you, That the body of Elizabeth P. W. Packard, in your custody detained and imprisoned, as it is said, together with the day and cause of caption and detention, by whatsoever name the same may be called, you safely have before Charles R. Starr, Judge of the Twentieth Judicial Circuit, State of Illinois, at his chambers, at Kankakee City in the said county, on the 12th instant, at one o’clock, P. M., and to do and receive all and singular those things which the said Judge shall then and there consider of her in this behalf, and have you then and there this writ.

Witness, Charles R. Starr, Judge aforesaid, this 11th day of January, A. D. 1864.

		CHARLES R. STARR, [SEAL.]
[Revenue Stamp.]		Judge of the 20th Judicial Circuit of the State of Illinois.

Indorsed: “By the Habeas Corpus Act.”

To said writ, the Rev. Theophilus Packard made the following return:

The within named Theophilus Packard does hereby certify, to the within named, the Honorable Charles R. Starr, Judge of the 20th Judicial Circuit of the State of Illinois, that the within named Elizabeth P. W. Packard is now in my custody, before your Honor. That the said Elizabeth is the wife of the undersigned, and is and has been for more than three years past insane, and for about three years of that time was in the Insane Asylum of the State of Illinois, under treatment, as an insane person. That she was discharged from said Asylum, without being cured, and is incurably insane, on or about the 18th day of June, A. D. 1863, and that since the 23rd day of October, the undersigned has kept the said Elizabeth with him in Manteno, in this county, and while he has faithfully and anxiously watched, cared for, and guarded the said Elizabeth, yet he has not unlawfully restrained her of her liberty; and has not confined and imprisoned her in a close room, in the dwelling-house of the undersigned, or in any other place or way, but, on the contrary, the undersigned has allowed her all the liberty compatible with her welfare and safety. That the undersigned is about to remove his residence from Manteno, in this State, to the town of Deerfield, in the county of Franklin, in the State of Massachusetts, and designs and intends to take his said wife Elizabeth with him. That the undersigned has never misused or abused the said Elizabeth, by depriving her of her winter’s clothing, but, on the contrary, the undersigned has always treated the said Elizabeth with kindness and affection, and has provided her with a sufficient, quantity of winter clothing and other clothing; and that the said Elizabeth has never made any request of the undersigned, for liberty to come to Kankakee City, for the purpose of suing out a writ of habeas corpus. The undersigned hereby presents a letter from Andrew McFarland, Superintendent of the Illinois State Hospital, at Jacksonville, in this State, showing her discharge, and reasons of discharge, from said institution, which is marked “A,” and is made a part of this return. And also presents a certificate from the said Andrew McFarland, under the seal of said hospital, marked “C,” refusing to readmit the said Elizabeth again into said hospital, on the ground of her being incurably insane, which is also hereby made a part of this return.

THEOPHILUS PACKARD.

Dated January 12, 1864.

The Court, upon its own motion, ordered an issue to be formed, as to the sanity or insanity of Mrs. E. P. W. Packard, and ordered a venire of twelve men, to aid the court in the investigation of said issue. And thereupon a venire was issued.

The counsel for the respondent, Thomas P. Bonfield, Mason B. Loomis, and Hon. C. A. Lake, moved the court to quash the venire, on the ground that the court had no right to call a jury to determine the question, on an application to be discharged on writ of habeas corpus. The court overruled the motion; and thereupon the following jury was selected:

John Stiles, Daniel G. Bean, V. H. Young, F. G. Hutchinson, Thomas Muncey, E. Hirshberg, Nelson Jarvais, William Hyer, Geo. H. Andrews, J. F. Mafet, Lemuel Milk, G. M. Lyons.

Christopher W. Knott was the first witness sworn by the respondent, to maintain the issue on his part, that she was insane; who being sworn, deposed and said:

I am a practicing physician in Kankakee City. Have been in practice fifteen years. Have seen Mrs. Packard; saw her three or four years ago. Am not much acquainted with her. Had never seen her until I was called to see her at that time. I was called to visit her by Theophilus Packard. I thought her partially deranged on religious matters, and gave a certificate to that effect. I certified that she was insane upon the subject of religion. I have never seen her since.

Cross-examination.—This visit I made her was three or four years ago. I was there twice—one-half hour each time. I visited her on request of Mr. Packard, to determine if she was insane. I learned from him that he designed to convey her to the State Asylum. Do not know whether she was aware of my object, or not. Her mind appeared to be excited on the subject of religion; on all other subjects she was perfectly rational. It was probably caused by overtaxing the mental faculties. She was what might be called a monomaniac. Monomania is insanity on one subject. Three-fourths of the religious community are insane in the same manner, in my opinion. Her insanity was such that with a little rest she would readily have recovered from it. The female mind is more excitable than the male. I saw her perhaps one-half hour each time I visited her. I formed my judgment as to her insanity wholly from conversing with her. I could see nothing except an unusual zealousness and warmth upon religious topics. Nothing was said, in my conversation with her, about disagreeing with Mr. Packard on religious topics. Mr. Packard introduced the subject of religion the first time I was there: the second time, I introduced the subject. Mr. Packard and Mr. Comstock were present. The subject was pressed on her for the purpose of drawing her out. Mrs. Packard would manifest more zeal than most of people upon any subject that interested her. I take her to be a lady of fine mental abilities, possessing more ability than ordinarily found. She is possessed of a nervous temperament, easily excited, and has a strong will. I would say that she was insane, the same as I would say Henry Ward Beecher, Spurgeon, Horace Greely, and like persons, are insane. Probably three weeks intervened between the visits I made Mrs. Packard. This was in June, 1860.

Re-examined.—She is a woman of large, active brain, and nervous temperament. I take her to be a woman of good intellect. There is no subject which excites people so much as religion. Insanity produces, oftentimes, ill-feelings towards the best friends, and particularly the family, or those more nearly related to the insane person—but not so with monomania. She told me, in the conversation, that the Calvinistic doctrines were wrong, and that she had been compelled to withdraw from the church. She said that Mr. Packard was more insane than she was, and that people would find it out. I had no doubt that she was insane. I only considered her insane on that subject, and she was not bad at that. I could not judge whether it was hereditary. I thought if she was withdrawn from conversation and excitement, she could have got well in a short time. Confinement in any shape, or restraint, would have made her worse. I did not think it was a bad case; it only required rest.

J. W. Brown, being sworn, said:

I am a physician; live in this city; have no extensive acquaintance with Mrs. Packard. Saw her three or four weeks ago. I examined her as to her sanity or insanity. I was requested to make a visit, and had an extended conference with her: I spent some three hours with her. I had no difficulty in arriving at the conclusion, in my mind, that she was insane.

Cross-examination.—I visited her by request of Mr. Packard, at her house. The children were in and out of the room; no one else was present. I concealed my object in visiting her. She asked me if I was a physician, and I told her no; that I was an agent, selling sewing machines, and had come there to sell her one.

The first subject we conversed about was sewing machines. She showed no signs of insanity on that subject.

The next subject discussed, was the social condition of the female sex. She exhibited no special marks of insanity on that subject, although she had many ideas quite at variance with mine, on the subject.

The subject of politics was introduced. She spoke of the condition of the North and the South. She illustrated her difficulties with Mr. Packard, by the difficulties between the North and the South. She said the South was wrong, and was waging war for two wicked purposes: first, to overthrow a good government, and second, to establish a despotism on the inhuman principle of human slavery. But that the North, having right on their side, would prevail. So Mr. Packard was opposing her, to overthrow free thought in woman; that the despotism of man may prevail over the wife; but that she had right and truth on her side, and that she would prevail.

During this conversation I did not fully conclude that she was insane.

I brought up the subject of religion. We discussed that subject for a long time, and then I had not the slightest difficulty in concluding that she was hopelessly insane.

Question. Dr., what particular idea did she advance on the subject of religion that led you to the conclusion that she was hopelessly insane?

Answer. She advanced many of them. I formed my opinion not so much on any one idea advanced, as upon her whole conversation. She then said that she was the “Personification of the Holy Ghost.” I did not know what she meant by that.

Ques. Was not this the idea conveyed to you in that conversation:—That there are three attributes of the Deity—the Father, the Son, and the Holy Ghost? Now, did she not say, that the attributes of the Father were represented in mankind, in man; that the attributes of the Holy Ghost were represented in woman; and that the Son was the fruit of these two attributes of the Deity?

Ans. Well, I am not sure but that was the idea conveyed, though I did not fully get her idea at the time.

Ques. Was not that a new idea to you in theology?

Ans. It was.

Ques. Are you much of a theologian?

Ans. No.

Ques. Then because the idea was a novel one to you, you pronounced her insane.

Ans. Well, I pronounced her insane on that and other things that exhibited themselves in this conversation.

Ques. Did she not show more familiarity with the subject of religion and the questions of theology, than you had with these subjects?

Ans. I do not pretend much knowledge on these subjects.

Ques. What else did she say or do there, that showed marks of insanity?

Ans. She claimed to be better than her husband—that she was right—and that he was wrong—and that all she did was good, and all he did was bad; that she was farther advanced than other people, and more nearly perfection. She found fault particularly that Mr. Packard would not discuss their points of difference on religion in an open, manly way, instead of going around and denouncing her as crazy to her friends and to the church.

She had a great aversion to being called insane. Before I got through the conversation she exhibited a great dislike to me, and almost treated me in a contemptuous manner. She appeared quite lady-like. She had a great reverence for God, and a regard for religious and pious people.

Re-examined.—Ques. Dr., you may now state all the reasons you have for pronouncing her insane.

Ans. I have written down, in order, the reasons which I had, to found my opinion on, that she was insane. I will read them.

1. That she claimed to be in advance of the age thirty or forty years.

2. That she disliked to be called insane.

3. That she pronounced me a copperhead, and did not prove the fact.

4. An incoherency of thought. That she failed to illuminate me and fill me with light.

5. Her aversion to the doctrine of the total depravity of man.

6. Her claim to perfection or nearer perfection in action and conduct.

7. Her aversion to being called insane.

8. Her feelings towards her husband.

9. Her belief that to call her insane and abuse her, was blasphemy against the Holy Ghost.

10. Her explanation of this idea.

11. Incoherency of thought and ideas.

12. Her extreme aversion to the doctrine of the total depravity of mankind, and in the same conversation, saying her husband was a specimen of man’s total depravity.

13. The general history of the case.

14. Her belief that some calamity would befall her, owing to my being there, and her refusal to shake hands with me when I went away.

15. Her viewing the subject of religion from the osteric standpoint of Christian exegetical analysis, and agglutinating the polsynthetical ectoblasts of homogeneous asceticism.

The witness left the stand amid roars of laughter; and it required some moments to restore order in the court-room.

Joseph H. Way, sworn, and said:

I am a practicing physician in Kankakee City, Illinois. I made a medical examination of Mrs. Packard a few weeks since, at her house; was there perhaps two hours. On most subjects she was quite sane. On the subject of religion I thought she had some ideas that are not generally entertained. At that time I thought her to be somewhat deranged or excited on that subject; since that time I have thought perhaps I was not a proper judge, for I am not much posted on disputed points in theology, and I find that other people entertain similar ideas. They are not in accordance with my views, but that is no evidence that she is insane.

Cross-examined.—I made this visit at her house, or his house, perhaps, at Manteno. I conversed on various subjects. She was perfectly sane on every subject except religion, and I would not swear now that she was insane. She seemed to have been laboring under an undue excitement on that subject. She has a nervous temperament, and is easily excited. She said she liked her children, and that it was hard to be torn from them. That none but a mother could feel the anguish she had suffered; that while she was confined in the Asylum, the children had been educated by their father to call her insane. She said she would have them punished if they called their own mother insane, for it was not right.

Abijah Dole, sworn, and says:

I know Mrs. Packard; have known her twenty-five or thirty years. I am her brother-in-law. Lived in Manteno seven years. Mrs. Packard has lived there six years. I have been sent for several times by her and Mr. Packard, and found her in an excited state of mind. I was there frequently; we were very familiar. One morning early, I was sent for: she was in the west room; she was in her night clothes. She took me by the hand and led me to the bed. Libby was lying in bed, moaning and moving her head. Mrs. Packard now spoke and said, “How pure we are.” “I am one of the children of heaven; Libby is one of the branches.” “The woman shall bruise the serpent’s head.” She called Mr. Packard a devil. She said, Brother Dole, these are serious matters. If Brother Haslet will help me, we will crush the body. She said, Christ had come into the world to save men, and that she had come to save woman. Her hair was disheveled. Her face looked wild. This was over three years ago.

I was there again one morning after this. She came to me. She pitied me for marrying my wife, who is a sister to Mr. Packard; said I might find an agreeable companion. She said if she had cultivated amativeness, she would have made a more agreeable companion. She took me to another room and talked about going away; this was in June before they took her to the State Hospital. She sent for me again; she was in the east room; she was very cordial. She wanted me to intercede for Theophilus, who was at Marshall, Michigan; she wanted him to stay there, and it was thought not advisable for him to stay. We wished him to come away, but did not tell her the reasons. He was with a Swedenborgian.

After this I was called there once in the night. She said she could not live with Mr. Packard, and she thought she had better go away. One time she was in the Bible class. The question came up in regard to Moses smiting the Egyptian; she thought Moses had acted too hasty, but that all things worked for the glory of God. I requested her to keep quiet, and she agreed to do it.

I have had no conversation with Mrs. Packard since her return from the Hospital; she will not talk with me because she thinks I think she is insane. Her brother came to see her; he said he had not seen her for four or five years. I tried to have Mrs. Packard talk with him, and she would not have anything to do with him because he said she was a crazy woman. She generally was in the kitchen when I was there, overseeing her household affairs.

I was superintendent of the Sabbath School. One Sabbath, just at the close of the school, I was behind the desk, and almost like a vision she appeared before me, and requested to deliver or read an address to the school. I was much surprised; I felt so bad, I did not know what to do. (At this juncture the witness became very much affected, and choked up so that he could not proceed, and cried so loud that he could be heard in any part of the court-room. When he became calm, he went on and said), I was willing to gratify her all I could, for I know she was crazy, but I did not want to take the responsibility myself, so I put it to a vote of the school, if she should be allowed to read it. She was allowed to read it. It occupied ten or fifteen minutes in reading.

I cannot state any of the particulars of that paper. It bore evidence of her insanity. She went on and condemned the church, all in all, and the individuals composing the church, because they did not agree with her. She looked very wild and very much excited. She seemed to be insane. She came to church one morning just as services commenced, and wished to have the church act upon her letter withdrawing from the church immediately. Mr. Packard was in the pulpit. She wanted to know if Brother Dole and Brother Merrick were in the church, and wanted them to have it acted upon. This was three years ago, just before she was taken away to the hospital.

Cross-examined.—I supposed when I first went into the room that her influence over the child had caused the child to become deranged. The child was nine years old. I believed that she had exerted some mesmeric or other influence over the child, that caused it to moan and toss its head. The child had been sick with brain fever; I learned that after I got there. I suppose the mother had considerable anxiety over the child; I suppose she had been watching over the child all night, and that would tend to excite her. The child got well. It was sick several days after this; it was lying on the bed moaning and tossing its head; the mother did not appear to be alarmed. Mr. Packard was not with her; she was all alone; she did not say that Mr. Packard did not show proper care for the sick child. I suppose she thought Libby would die.

Her ideas on religion did not agree with mine, nor with my view of the Bible.

I knew Mr. Packard thought her insane, and did not want her to discuss these questions in the Sabbath School. I knew he had opposed her more or less. This letter to the church was for the purpose of asking for a letter from the church.

Question. Was it an indication of insanity that she wanted to leave the Presbyterian Church?

Answer. I think it strange that she should ask for letters from the church. She would not leave the church unless she was insane.

I am a member of the church—I believe the church is right. I believe everything the church does is right. I believe everything in the Bible.

Ques. Do you believe literally that Jonah was swallowed by a whale, and remained in its belly three days and was then cast up?

Ans. I do.

Ques. Do you believe literally that Elijah went direct up to Heaven in a chariot of fire—that the chariot had wheels, and seats, and was drawn by horses?

Ans. I do—for with God all things are possible.

Ques. Do you believe Mrs. Packard was insane, and is insane?

Ans. I do.

I never read any of Swedenborg’s works, I do not deem it proper for persons to investigate new doctrines or systems of theology.

Re-examined.—I became a Presbyterian eight years ago. I was formerly a Congregationalist; Mr. Packard was a Congregationalist.

Re-cross-examination.—Ques. Was it dangerous for you to examine the doctrines or theology embraced in the Presbyterian Church, when you left the Congregational Church, and joined it?

Ans. I will not answer so foolish a question.

Witness discharged.

Josephus B. Smith, sworn, says:

Am aged fifty years; have known Mrs. Packard seven years. I cannot tell the first appearance of any abnormal condition of her mind. I first saw it at the Sabbath School. She came in and wished to read a communication. I do not recollect everything of the communication. She did not read the letter, but presented it to Brother Dole. She said something about her small children, and left. She seemed to be excited. There was nothing very unusual in her appearance. Her voice was rather excited; it could be heard nearly over the house. I merely recall the circumstance, but recollect scarce anything else. It was an unusual thing for any person to come in and read an address. I do not recollect anything unusual in her manner.

(At this stage of the trial, an incident occurred that for a time stopped all proceedings, and produced quite an excitement in the court-room; and this report would not be faithful if it were passed over unnoticed. Mrs. Dole, the sister of Mr. Packard, came in, leading the little daughter of Mrs. Packard, and in passing by the table occupied by Mrs. Packard and her counsel, the child stopped, went up to her mother, kissed and hugged her, and was clinging to her with all child-like fervor, when it was observed by Mrs. Dole, who snatched the child up—and bid it “come away from that woman;” adding, “She is not fit to take care of you—I have you in my charge;” and thereupon led her away. The court-room was crowded to its utmost, and not a mother’s heart there but what was touched, and scarce a dry eye was seen. Quite a stir was made, but the sheriff soon restored order.)

Cross-examined.—I had charge of the Sunday School; am a member of Mr. Packard’s church. I knew Mr. Packard had considered her insane; knew they had had difficulties. I was elected superintendent of the school in place of Brother Dole, for the special purpose of keeping Mrs. Packard straight.

Sybil Dole, sworn, and says—

I am Mr. Packard’s sister; have known her twenty-five years. Her natural disposition is very kind and sweet. Her education is very good; her morals without a stain or blemish. I first observed a change in her, after we came to Manteno. I had a conversation with her, when she talked an hour without interruption; she talked in a wild, excited manner; the subject was partly religion. She spoke of her own attainments; she said she had advanced in spiritual affairs. This was two or three years before she went to the Asylum.

The next time was when she was preparing to go to York State. She was weeping and sick. Her trunk was packed and ready to go, but Mr. Packard was sick. From her voice, and the manner she talked, I formed an opinion of her insanity. She talked on various points; the conversation distressed me very much; I could not sleep. She was going alone; we tried to persuade her not to go alone. She accused Mr. Packard very strangely of depriving her of her rights of conscience—that he would not allow her to think for herself on religious questions, because they disagreed on these topics. She made her visit to New York. The first time I met her after her return, her health was much improved; she appeared much better. In the course of a few weeks, she visited at my house.

At another time, one of the children came up, and wanted me to go down; I did so. She was very much excited about her son remaining at Marshall. She was wild. She thought it was very wrong and tyrannical for Mr. Packard not to permit her son to remain there. She said very many things which seemed unnatural. Her voice, manner and ways, all showed she was insane.

I was there when Mr. Baker came there, to see about Theophilus remaining at Marshall with him. She was calmer than she was the day before. She said that she should spend the day in fasting and prayer. She said he had came in unexpectedly, and they were not prepared to entertain strangers. She was out of bread, and had to make biscuit for dinner. (One gentleman in the crowd turned to his wife and said, “Wife, were you ever out of bread, and had to make biscuit for dinner? I must put you into an Insane Asylum! No mistake!”) I occupied the same room and bed with her. She went to Mr. Packard’s room, and when she returned, she said, that if her son was not permitted to remain at Marshall, it would result in a divorce. She got up several times during the night. She told me how much she enjoyed the family circle. She spoke very highly of Mr. Packard’s kindness to her. She spoke particularly of the tenderness which had once existed between them. I did not notice anything very remarkable in her conduct toward Mr. Packard, until just before she was sent to the Hospital.

One morning afterward, I went to her house with a lady; we wanted to go in, and were admitted. She seemed much excited. She said, “You regard me insane. I will thank you to leave my room.” This was two or three months before she was sent to Jacksonville. Mr. Packard went out. She put her hand on my shoulder, and said she would thank me to go out too. I went out.

I afterward wanted to take the baby home. One morning I went down to see her, and prepared breakfast for her. She appeared thankful, and complimented me on my kindness. She consented for me to take the child; I did so. In a short time, about ten days after, the other children came up, and said, that she wanted to take her own child. I took the child down. Her appearance was very wild. She was filled with spite toward Mr. Packard. She defied me to take the child again, and said that she would evoke the strong arm of the law to help her keep it.

At another time, at the table, she was talking about religion, when Mr. Packard remonstrated with her; she became angry, and told him she would talk what and when she had a mind to. She rose up from the table, and took her tea-cup, and left the room in great violence.

Cross-examined.—I am a member of Mr. Packard’s church, and am his sister. He and I have often consulted together about Mrs. Packard. Mr. Packard was the first to ever suggest that she was insane; after that, I would more carefully watch her actions to find out if she was insane. The religious doctrines she advanced were at variance with those entertained by our church. She was a good, neat, thrifty and careful housekeeper. She was economical; kept the children clean and neatly dressed. She was sane on all subjects except religion. I do not think she would have entertained these ideas, if she had not been insane. I do not think she would have wanted to have withdrawn from our church, and unite with another church, if she had not been insane. She said she would worship with the Methodists. They were the only other Protestant denomination that held service at Manteno at the time. I knew when she was taken to Jacksonville Hospital. She was taken away in the morning. She did not want to go; we thought it advisable for her to go.

Sarah Rumsey, sworn, and says:

Have lived one week in Mrs. Packard’s house. I was present at the interview when Mrs. Packard ordered us to leave the room. Mrs. Packard was very pale and angry. She was in an undress, and her hair was down over her face. It was 11 o’clock in the forenoon—I staid at the house; Mrs. Packard came out to the kitchen. She was dressed then. She said she had come to reveal to me what Mr. Packard was. She talked very rapidly; she would not talk calm. She said Mr. Packard was an arch deceiver; that he and the members of his church had made a conspiracy to put her into the Insane Asylum; she wanted me to leave the conspirators. Soon after dinner she said, “Come with me, I have something to tell you.” She said she had a new revelation; it would soon be here; and that she had been chosen by God for a particular mission. She said that all who decided with her, and remained true to her, would be rewarded by the millennium, and if I would side with her, that I would be a chief apostle in the millennium. She wanted to go to Batavia, but that Mr. Packard would give her no money to take her there; that Mr. Packard called her insane. She started to go out, and Mr. Packard made her return; took her into Mr. Comstock’s, and Mr. Comstock made her go home.

I saw her again when Libby had the brain fever. She was disturbed because the family called her insane. She and Libby were crying together; they cried together a long time. This was Tuesday. She would not let me into the room. The next morning while at breakfast Mr. Labrie passed the window and came in. He said that Georgie had been over for him, and said that they were killing his mother. She acted very strangely all the time; was wild and excited.

Cross-examined.—Knew Mr. Packard two years before I went there to live. He was the pastor of our church. I am a member of the church. I did not attend the Bible class. Brother Dole came to me and said somebody of the church should go there, and stay at the house, and assist in packing her clothes and getting her ready to take off to the Hospital, and stay and take care of the children. I consented to go; I heard that Brother Packard requested Brother Dole to come for me. I never worked out before. They had a French servant, before I went there; Mr. Packard turned her off when I came, the same day. I did not want to take Mrs. Packard away. I did not think she exhibited any very unusual excitement, when the men came here to take her away. Doctors Merrick and Newkirk were the physicians who came there with Sheriff Burgess. She did not manifest as much excitement, when being taken away, as I would have done, under the same circumstances; any person would have naturally been opposed to being carried away.

The church had opposed her, in disseminating her ideas in the church; I was opposed to her promulgating her religious ideas in the church; I thought them wrong, and injurious. I was present at the Sabbath School when she read the paper to the school; I thought that bore evidence of insanity. It was a refutation of what Mrs. Dixon had written; I cannot give the contents of the paper now.

I was present when she read a confession of her conduct to the church; she had had her views changed partially, from a sermon preached upon the subject of the sovereignty and immutability of God. I did not think it strange conduct that she changed her views; and never said so. This was in the spring before the June when they took her away.

The article she read in the school was by the permission of the school.

I was present when she presented a protest against the church for refusing to let her be heard; I have only an indistinct recollection of it; it was a protest because they refused to listen to her.

Mr. Dole was the only person who came to the house when she was taken away, except the men with Burgess.

She said that Mr. Packard had deprived her of the liberty of conscience in charging her to be insane, when she only entertained ideas new to him.

I thought it was an evidence of insanity, because she maintained these ideas. I do not know that many people entertain similar ideas. I suppose a good many do not think the Calvinistic doctrine is right, they are not necessarily insane because they think so.

When she found I was going to stay in the house, and that the French servant had been discharged, she ordered me into the kitchen; before that, she had treated me kindly as a visitor.

I thought it was an evidence of insanity for her to order me into the kitchen; she ought to have known that I was not an ordinary servant. The proper place for the servant is in the kitchen at work, and not in the parlor; I took the place of the servant girl for a short time.

She wanted the flower beds in the front yard cleaned out, and tried to get Mr. Packard to do it; he would not do it. She went and put on an old dress and went to work, and cleaned the weeds out, and worked herself into a great heat. It was a warm day; she staid out until she was almost melted down with the heat.

Question. What did she do then?

Answer. She went to her room and took a bath, and dressed herself, and then lay down exhausted. She did not come down to dinner.

Ques. And did you think that was an evidence of insanity?

Ans. I did—the way it was done.

Ques. What would you have done under similar circumstances? Would you have set down in the clothes you had worked in?

Ans. No.

Ques. Probably you would have taken a bath and changed your clothes too. And so would any lady, would they not?

Ans. Yes.

Ques. Then would you call yourself insane?

Ans. No. But she was angry and excited, and showed ill-will. She was very tidy in her habits; liked to keep the house clean, and have her yard and flowers look well. She took considerable pains with these things.

I remained there until she was taken away; I approved taking her away; I deemed her dangerous to the church; her ideas were contrary to the church, and were wrong.

The baby was eighteen months old when she was taken away. She was very fond of her children and treated them very kindly. Never saw her misuse them. Never heard that she had misused them. Never heard that she was dangerous to herself or to her family. Never heard that she had threatened or offered to destroy anything, or injure any person.

Judge Bartlett was next called to the stand.

Am acquainted with Mrs. Packard. Had a conversation with her on religious topics. We agreed very well in most things. She did not say she believed in the transmigration of souls; she said some persons had expressed that idea to her, but she did not believe it. It was spoken of lightly. She did not say ever to me, that Mr. Packard’s soul would go into an ox. She did not say anything about her being related to the Holy Ghost. I thought then, and said it, that religious subjects were her study, and that she would easily be excited on that subject. I could not see that she was insane. I would go no stronger than to say, that her mind dwelt on religious subjects. She could not be called insane, for thousands of people believe as she does, on religion.

Mrs. Sybil Dole, recalled.

At the time she got up from the table she went out. She said, “I will have no fellowship with the unfruitful works of darkness. No! not so much as to eat with them.”

Re-cross-examined.—Question. Did you deem that an evidence of insanity?

Answer. I did.

Ques. She called Mr. Packard the unfruitful works of darkness?

Ans. I suppose so.

Ques. Did she also include you?

Ans. She might have done so.

Ques. This was about the time that her husband was plotting to kidnap her, was it not?

Ans. It was just before she was removed to the Asylum.

Ques. He had been charging her with insanity, had he not, at the table?

Ans. He had.

The prosecution now wished to adjourn the court for ten days, to enable them to get Dr. McFarland, Superintendent of the State Hospital, who, they claimed, would testify that she was insane. Counsel stated, he had been telegraphed to come, and a reply was received, that he was in Zanesville, Ohio, and would return in about ten days. They claimed his testimony would be very important. This motion the counsel of Mrs. Packard opposed, as it was an unheard-of proceeding to continue a cause after the hearing was commenced, to enable a party to hunt up testimony.

The matter was discussed on each side for a considerable length of time, when the court held that the defense should go on with their testimony, and after that was heard, then the court would determine about continuing the case to get Dr. McFarland, and perhaps he could be got before the defense was through, and if so, he might be sworn; and held that the defense should go on now.

The counsel of Mrs. Packard withdrew for consultation, and in a brief time returned, and announced to the court that they would submit the case without introducing any testimony, and were willing to submit it without argument. The counsel for Mr. Packard objected to this, and renewed the motion for a continuance; which the court refused.

The counsel for Mr. Packard then offered to read to the jury a letter from Dr. McFarland, dated in the month of December, 1863, written to Rev. Theophilus Packard; and also a certificate, under the seal of the State Hospital at Jacksonville, certifying that Mrs. Packard was discharged from the institution in June, 1863, and was incurably insane, which certificate was signed by Dr. McFarland, the Superintendent. To the introduction of this to the jury, the counsel for Mrs. Packard objected, as being incompetent testimony, and debarred the defense of the benefit of a cross-examination. The court permitted the letter and certificate to be read to the jury.

These documents were retained by Rev. Theophilus Packard, and the reporter has been unable to obtain copies of them. The letter is dated in December, 1863, at the State Hospital, Jacksonville, Illinois, and written to Rev. Theophilus Packard, wherein Dr. McFarland writes him that Mrs. Packard is hopelessly insane, and that no possible good could result by having her returned to the Hospital; that the officers of the institution had done everything in their power to effect a cure, and were satisfied she could not be cured, and refused to receive her into the institution.

The certificate, under the seal of the Hospital, was a statement, dated in June, 1863, at Jacksonville, Illinois, setting forth the time (three years) that Mrs. Packard had been under treatment, and that she had been discharged, as beyond a possibility of being cured.

The above is the import of these documents, which the reporter regrets he cannot lay before the public in full.

The prosecution now announced that they closed their case.

DEFENSE.

J. L. Simington was the first witness called for the defense. Being sworn, he said

I live in Manteno; lived there since 1859, early in the spring. Knew Rev. Mr. Packard and Mrs. Packard. First became acquainted with them in 1858; I was then engaged in the ministry of the Methodist Church. I have practiced medicine eleven years.

I was consulted as a family physician by Mrs. Packard in 1860. Was quite well acquainted with Mrs. Packard, and with the family. Lived fifty or sixty rods from their house. Saw her and the family almost daily. I did not see anything unusual in her, in regard to her mind. I never saw anything I thought insanity with her. So far as I know she was a sane woman. I have seen her since she came from the Hospital; have seen nothing since to indicate she was insane. My opinion is, she is a sane woman.

No cross-examination was made.

Dr. J. D. Mann, sworn, and says:

I live in Manteno; have lived there nine years. Practiced medicine there six years. I am not very intimately acquainted with either Mr. or Mrs. Packard. Mr. Packard invited me to go to his house to have an interview with Mrs. Packard. I went at his request. He requested me to make a second examination, which I did. There had been a physician there before I went. The last time, he wanted me to meet Dr. Brown, of this city, there. This was late in November last. He introduced me to Mrs. Packard. I had known her before she was taken to the Hospital, and this was the first time I had seen her since she had returned. I was there from one to two hours. I then made up my mind, as I had made up my mind from the first interview, that I could find nothing that indicated insanity. I did not go when Dr. Brown was there. Mr. Packard had told me she was insane, and my prejudices were, that she was insane. He wanted a certificate of her insanity, to take East with him. I would not give it.

The witness was not cross-examined.

Joseph E. Labrie, sworn, and says:

Have known Mrs. Packard six years; lived fifteen or twenty rods from their house. Knew her in spring of 1860. Saw her nearly every day—sometimes two or three times a day. I belong to the Catholic Church. Have seen her since her return from Jacksonville. I have seen nothing that could make me think her insane. I always said she was a sane woman, and say so yet.

Cross-examined.—I am not a physician. I am not an expert. She might be insane, but no common-sense man could find it out.

Re-examined.—I am a Justice of the Peace, and Notary Public. Mr. Packard requested me to go to his house and take an acknowledgment of a deed from her. I went there, and she signed and acknowledged the deed. This was within the past two months.

Re-cross-examined.—I was sent for to go to the house in the spring of 1860. My wife was with me. It was about taking her to Jacksonville. Mrs. Packard would not come to the room where I was. I stayed there only about twenty minutes.

Have been there since she returned from the Hospital. The door to her room was locked on the outside. Mr. Packard said, he had made up his mind to let no one into her room.

The counsel for Mrs. Packard offered to read to the jury the following paper, which had been referred to by the witnesses, as evidence of Mrs. Packard’s insanity, and which Deacon Smith refused to hear read. The counsel for Mr. Packard examined the paper, and admitted it was the same paper.

The counsel for Mrs. Packard then requested permission of the court for Mrs. Packard to read it to the jury, which was most strenuously opposed. The court permitted Mrs. Packard to read it to the jury. Mrs. Packard arose, and read in a distinct tone of voice, so that every word was heard all over the court-room.

HOW GODLINESS IS PROFITABLE

Deacon Smith—A question was proposed to this class, the last Sabbath Brother Dole taught us, and it was requested that the class consider and report the result of their investigations at a future session. May I now bring it up? The question was this:

“Have we any reason to expect that a Christian farmer, as a Christian, will be any more successful in his farming operations, than an impenitent sinner—and if not, how is it that godliness is profitable unto all things? Or, in other words, does the motive with which one prosecutes his secular business, other things being equal, make any difference in the pecuniary results?”

Mrs. Dixon gave it as her opinion, at the time, that the motive did affect the pecuniary results.

Now the practical result to which this conclusion leads, is such as will justify us in our judging of Mrs. Dixon’s true moral character, next fall, by her success in her farming operations this summer.

My opinion differs from hers on this point; and my reasons are here given in writing since I deem it necessary for me, under the existing state of feeling toward me, to put into a written form all I have to say, in the class, to prevent misrepresentation.

Should I be appropriating an unreasonable share of time, as a pupil, Mr. Smith, to occupy four minutes of your time in reading them? I should like very much to read them, that the class may pass their honest criticisms upon them.

AN ANSWER TO THE QUESTION.

I think we have no intelligent reason for believing that the motives with which we prosecute our secular business, have any influence in the pecuniary results.

My reasons are common sense reasons, rather than strictly Bible proofs, viz.: I regard man as existing in three distinct departments of being, viz., his physical or animal, his mental or intellectual, his moral or spiritual; and each of these three distinct departments are under the control of laws, peculiar to itself; and these different laws do not interchange with, or affect each other’s department.

For instance, a very immoral man may be a very healthy, long-lived man; for, notwithstanding he violates the moral department, he may live in conformity to the physical laws of his animal nature, which secure to him his physical health. And, on the other hand, a very moral man may suffer greatly from a diseased body, and be cut off in the very midst of his usefulness by an early death, in consequence of having violated the physical laws of his animal constitution. But on the moral plane he is the gainer, and the immoral man is the loser.

So our success in business depends upon our conformity to those laws on which success depends—not upon the motives which act only on the moral plane.

On this ground, the Christian farmer has no more reason to expect success in his farming operations, than the impenitent sinner. In either case, the foundation for success must depend upon the degree of fidelity with which the natural laws are applied, which cause the natural result—not upon the motives of the operator; since these moral acts receive their penalty and reward on an entirely different plane of his being.

Now comes in the question, how then is it true, that “godliness is profitable unto all things,” if godliness is no guarantee to success in business pursuits?

I reply, that the profits of godliness cannot mean, simply, pecuniary profits, because this would limit the gain of godliness to this world, alone; whereas, it is profitable not only for this life, but also for the life to come. Gain and loss, dollars and cents, are not the coins current in the spiritual world.

But happiness and misery are coins which are current in both worlds. Therefore, it appears to me, that happiness is the profit attendant upon godliness, and for this reason, a practically godly person, who lives in conformity to all the various laws of his entire being, may expect to secure to himself, as a natural result, a greater amount of happiness than the ungodly person.

So that, in this sense, “Godliness is profitable unto all things,” to every department of our being.

E. P. W. PACKARD.

Manteno, March 22, 1860.

Mrs. Packard then stated that the above was presented to the class, the 15th day of the following April, and was rejected by the teacher Deacon Smith, on the ground of its being irrelevant to the subject, since she had not confined herself to the Bible alone for proof of her position.

As she took her seat, a murmur of applause arose from every part of the room, which was promptly suppressed by the sheriff.

Daniel Beedy, sworn, and says:

I live in Manteno. Have known Mrs. Packard six years; knew her in the spring of 1860. I lived a mile and a half from them. Have seen her very frequently since her return from Jacksonville. Had many conversations with her before she was taken away, and since her return. She always appeared to me like a sane woman. I heard she was insane, and my wife and I went to satisfy ourselves. I went there soon after the difficulties in the Bible class.

She is not insane. We talked about religion, politics, and various matters, such as a grey-haired old farmer could talk about, and I saw nothing insane about her.

Mr. Blessing, sworn, and says:

I live in Manteno; have known Mrs. Packard six years; knew her in the spring of 1860; lived eighty rods from their house. She visited at my house. I have seen her at church. She attended the Methodist church for a while after the difficulties commenced, and then I saw her every Sunday. I never thought her insane.

After the word was given out by her husband that she was insane, she claimed my particular protection, and wanted me to obtain a trial for her by the laws of the land, and such an investigation she said she was willing to stand by. She claimed Mr. Packard was insane, if any one was. She begged for a trial. I did not then do anything, because I did not like to interfere between man and wife. I never saw anything that indicated insanity. She was always rational. Had conversations with her since her return. She first came to my house. She claimed a right to live with her family. She considered herself more capable of taking care of her family than any other person.

I saw her at Jacksonville. I took Dr. Shirley with me to test her insanity. Dr. Shirley told me she was not insane.

Cross-examination waived.

Mrs. Blessing, sworn, and says:

Have known Mrs. Packard seven years; knew her in 1860. Lived near them; we visited each other as neighbors. She first came to our house when she returned from Jacksonville. I did not see anything that indicated that she was insane. I saw her at Jacksonville. She had the keys, and showed me around. I heard the conversation there with Dr. Shirley; they talked about religion; did not think she talked unnatural. When I first went in, she was at work on a dress for Dr. McFarland’s wife. I saw her after she returned home last fall, quite often, until she was locked in her room. On Monday after she got home, I called on her; she was at work; she was cleaning up the feather beds; they needed cleaning badly. I went there afterward; her daughter let me in. On Saturday before the trial commenced, I was let into her room by Mr. Packard; she had no fire in it; we sat there in the cold. Mr. Packard had a handful of keys, and unlocked the door and let me in. Mrs. Hanford was with me. Before this, Mrs. Hanford and myself went there to see her; he would not let us see her; he shook his hand at me, and threatened to put me out.

Mrs. Haslet, sworn, and said:

Know Mrs. Packard very well; have known her since they lived in Manteno; knew her in the spring of 1860; and since she returned from Jacksonville, we have been on intimate terms. I never saw any signs of insanity with her. I called often before she was kidnapped and carried to Jacksonville, and since her return.

I recollect the time Miss Rumsey was there; I did not see anything that showed insanity. I called to see her in a few days after she returned from Jacksonville; she was in the yard, cleaning feather beds. I called again in a few days; she was still cleaning house. The house needed cleaning; and when I again called, it looked as if the mistress of the house was at home. She had no hired girl. I went again, and was not admitted. I conversed with her through the window; the window was fastened down. The son refused me admission. The window was fastened with nails on the inside, and by two screws, passing through the lower part of the upper sash and the upper part of the lower sash, from the outside. I did not see Mr. Packard this time.

Cross-examination.—She talked about getting released from her imprisonment. She asked if filing a bill of complaint would lead to a divorce. She said she did not want a divorce; she only wanted protection from Mr. Packard’s cruelty. I advised her to not stand it quietly, but get a divorce.

Dr. Duncanson, sworn, and said:

I live here; am a physician; have been a clergyman; have been a practicing physician twenty-one years. Have known Mrs. Packard since this trial commenced. Have known her by general report for three years and upwards. I visited her at Mr. Orr’s. I was requested to go there and have a conversation with her and determine if she was sane or insane. Talked three hours with her, on political, religious and scientific subjects, and on mental and moral philosophy. I was educated at and received diplomas from the University of Glasgow, and Anderson University of Glasgow. I went there to see her, and prove or disprove her insanity. I think not only that she is sane, but the most intelligent lady I have talked with in many years. We talked religion very thoroughly. I find her an expert in both departments, Old School and New School theology. There are thousands of persons who believe just as she does. Many of her ideas and doctrines are embraced in Swedenborgianism, and many are found only in the New School theology. The best and most learned men of both Europe and this country, are advocates of these doctrines, in one shape or the other; and some bigots and men with minds of small calibre may call these great minds insane; but that does not make them insane. An insane mind is a diseased mind. These minds are the perfection of intellectual powers, healthy, strong, vigorous, and just the reverse of diseased minds, or insane. Her explanation of woman representing the Holy Ghost, and man representing the male attributes of the Father, and that the Son is the fruit of the Father and the Holy Ghost, is a very ancient theological dogma, and entertained by many of our most eminent men. On every topic I introduced, she was perfectly familiar, and discussed them with an intelligence that at once showed she was possessed of a good education, and a strong and vigorous mind. I did not agree with her in sentiment on many things, but I do not call people insane because they differ from me, nor from a majority, even, of people. Many persons called Swedenborg insane. That is true; but he had the largest brain of any person during the age in which he lived; and no one now dares call him insane. You might with as much propriety call Christ insane, because he taught the people many new and strange things; or Galileo; or Newton; or Luther; or Robert Fulton; or Morse, who electrified the world; or Watts or a thousand others I might name. Morse’s best friends for a long time thought him mad; yet there was a magnificent mind, the embodiment of health and vigor.

So with Mrs. Packard; there is wanting every indication of insanity that is laid down in the books. I pronounce her a sane woman, and wish we had a nation of such women.

This witness was cross-examined at some length, which elicited nothing new, when he retired.

The defense now announced to the court that they had closed all the testimony they wished to introduce, and inasmuch as the case had occupied so much time, they would propose to submit it without argument. The prosecution would not consent to this arrangement.

The case was argued ably and at length, by Messrs. Loomis and Bonfield for the prosecution, and by Messrs. Orr and Loring on the part of the defense.

It would be impossible to give even a statement of the arguments made, and do the attorneys justice, in the space allotted to this report.

On the 18th day of January, 1864, at 10 o’clock, P. M., the jury retired for consultation, under the charge of the sheriff. After an absence of seven minutes, they returned into court, and gave the following verdict:

STATE OF ILLINOIS,	}	ss.
KANKAKEE COUNTY.

We, the undersigned, Jurors in the case of Mrs. Elizabeth P. W. Packard, alleged to be insane, having heard the evidence in the case, are satisfied that said Elizabeth P. W. Packard is SANE.

John Stiles, Foreman.	H. Hirshberg.
Daniel G. Bean.	Nelson Jervais.
F. G. Hutchinson.	William Hyer.
V. H. Young.	Geo. H. Andrews.
G. M. Lyons.	J. F. Mafit.
Thomas Muncey.	Lemuel Milk.

Cheers rose from every part, of the house; the ladies waved their handkerchiefs, and pressed around Mrs. Packard, and extended her their congratulations. It was sometime before the outburst of applause could be checked. When order was restored, the counsel for Mrs. Packard moved the court, that she be discharged. Thereupon the court ordered the clerk to enter the following order:

STATE OF ILLINOIS,	}	ss.
KANKAKEE COUNTY.

It is hereby ordered that Mrs. Elizabeth P. W. Packard be relieved from all restraint incompatible with her condition as a sane woman.

C. R. STARR,
Judge of the 20th Judicial Circuit of the State of Illinois
January 18, 1864.

Thus ended the trial of this remarkable case. During each day of the proceedings the court-room was crowded to excess by an anxious audience of ladies and gentlemen, who are seldom in our courts. The verdict of the jury was received with applause, and hosts of friends crowded upon Mrs. Packard to congratulate her upon her release.

During the past two months, Mr. Packard had locked her up in her own house, fastened the windows outside, and carried the key to the door, and made her a close prisoner. He was maturing a plan to immure her in an Asylum in Massachusetts, and for that purpose was ready to start on the Thursday before the writ was sued out, when his plan was disclosed to Mrs. Packard by a letter he accidentally dropped in her room, written by his sister in Massachusetts, telling him the route he should take, and that a carriage would be ready at the station to put her in and convey her to the Asylum.

Vigorous action became necessary, and she communicated this startling intelligence through her window to some ladies who had come to see her, and were refused admission into the house.

On Monday morning, and before the defense had rested their case, Mr. Packard left the State, bag and baggage, for parts unknown, having first mortgaged his property for all it is worth to his sister and other parties.

We cannot do better than close this report with the following editorial from the Kankakee Gazette, of January 21, 1864:

MRS. PACKARD.

The case of this lady, which has attracted so much attention and excited so much interest for ten days past, was decided on Monday evening last and resulted, as almost every person thought it must, in a complete vindication of her sanity. The jury retired on Monday evening, after hearing the arguments of the counsel; and after a brief consultation, they brought in a verdict that Mrs. Packard is a sane woman.

Thus has resulted an investigation which Mrs. Packard has long and always desired should be had, but which her cruel husband has ever sternly refused her. She has always asked and earnestly pleaded for a jury trial of her case, but her relentless persecutor has ever turned a deaf ear to her entreaties, and flagrantly violated all the dictates of justice and humanity.

She has suffered the alienation of friends and relatives; the shock of a kidnapping by her husband and his posse when forcibly removed to the Asylum; has endured three years incarceration in that Asylum—upon the general treatment, in which there is severe comment in the State, and which in her special case was aggravatingly unpleasant and ill-favored; returning to her home she found her husband’s saintly blood still congealed, a winter of perpetual frown on his face, and the sad dull monotony of “insane, insane,” escaping his lips in all his communications to and concerning her; her young family, the youngest of the four at home being less than four years of age, these children—over whose slumbers she had watched, and whose wailings she had hushed with all a mother’s care and tenderness—had been taught to look upon her as insane, and they were not to respect the counsels or heed the voice of a maniac just loosed from the Asylum, doom sealed by official certificates.

Soon her aberration of mind led her to seek some of her better clothing carefully kept from her by her husband, which very woman-like act was seized by him as an excuse for confining her in her room, and depriving her of her apparel, and excluding her lady friends. Believing that he was about to again forcibly take her to an asylum, four responsible citizens of that village made affidavit of facts which caused the investigation as to her sanity or insanity. During the whole of the trial she was present, and counseled with her attorneys in the management of the case.

Notwithstanding the severe treatment she has received for nearly four years past, the outrages she has suffered, the wrong to her nature she has endured, she deported herself during the trial as one who is not only not insane, but as one possessing intellectual endowments of a high order, and an equipoise and control of mind far above the majority of human kind. Let the sapient Dr. Brown, who gave a certificate of insanity after a short conversation with her, and which certificate was to be used in aid of her incarceration for life—suffer as she has suffered, endure what she has endured, and the world would be deprived of future clinical revealings from his gigantic mind upon the subject of the spleen, and he would, to a still greater extent than in the past, “fail to illuminate” the public as to the virtues and glories of the martyr who is “watching and waiting” in Canada.

The heroic motto: “suffer and be strong,” is fairly illustrated in her case. While many would have opposed force to his force, displayed frantic emotions of displeasure at such treatment, or sat convulsed and “maddened with the passion of her part,” she meekly submitted to the tortures of her bigoted tormentor, trusting and believing in God’s Providence the hour of her vindication and her release from thraldom would come. And now the fruit of her suffering and persecution have all the autumn glory of perfection.

“One who walked
From the throne’s splendor to the bloody block,
Said: ‘This completes my glory’ with a smile
Which still illuminates men’s thoughts of her.”

Feeling the accusations of his guilty conscience, seeing the meshes of the net with which he had kept her surrounded were broken, and a storm-cloud of indignation about to break over his head in pitiless fury, the intolerant Packard, after encumbering their property with trust-deeds, and despoiling her of her furniture and clothing, left the country. Let him wander! with the mark of infamy upon his brow, through far-off States, where distance and obscurity may diminish till the grave shall cover the wrongs it cannot heal.

It is to be hoped Mrs. Packard will make immediate application for a divorce, and thereby relieve herself of a repetition of the wrongs and outrages she has suffered by him who for the past four years has only used the marriage relation to persecute and torment her in a merciless and unfeeling manner.

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