Part 3

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.