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.