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Modern Persecution, or Married Woman's Liabilities

From: Modern Persecution
Creator: Elizabeth P. W. Packard (author)
Date: 1873
Source: Available at selected libraries
Figures From This Artifact: Figure 1  Figure 2  Figure 3  Figure 4  Figure 5  Figure 6  Figure 7  Figure 8  Figure 9  Figure 10  Figure 11  Figure 12  Figure 13  Figure 14  Figure 15  Figure 16

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128  

As yet, none of my persecutors had the shadow of capital to make out the 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, 1873, I challenge any individual to prove me guilty of one unreasonable or insane act.

129  

The lady-like Mrs. Haslet sympathized with me in these views; therefore she sought counsel of Judge Starr of Kankakee City, to know if any law could reach my case so as to give me a trial of any kind, before another incarceration.

130  

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.

131  

Witnesses were easily found who could take oath to this fact, as many had called at our house and had seen 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 at night.

132  

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.

133  

The reason he gave for so doing was, that I was insane.

134  

The Judge replied, "Prove it!"

135  

The Judge then empanelled a jury of twelve men, and the following trial ensued as the result. This trial continued five days.

136  

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 was then no law in the State that would 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 then was by no law on the Statute Book of Illinois.

137  

CHAPTER II.
My Release on a Writ of "Habeas Corpus," and my Sanity Tried by a Jury -- My Sanity Fully Established.

138  

By Stephen R. Moore, Attorney at Law

139  

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.

140  

This case was on trial before the Hon. Charles B. 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.

141  

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.

142  

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.

143  

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.

144  

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.

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