Marital Power Exemplified in Mrs. Packard's Trial, and Self-Defence from the Charge of Insanity Part 4

_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 fellows.h.i.+p 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 inst.i.tution 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 doc.u.ments 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 inst.i.tution 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 inst.i.tution.

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 doc.u.ments, 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.