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

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

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

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دار النشر: Project Gutenberg
الصفحة رقم: 5

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

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