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 filing a petition in the words following, to
wit:
STATE OF ILLINOIS, }
KANKAKEE COUNTY. } _ss._
_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, }
KANKAKEE COUNTY. } _ss._
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. }