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.

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