Library Collections: Document: Full Text

Question. What did she do then?

Ans. She went to her room, 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 for 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. Theophilns 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.