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 made any request of the
undersigned, for liberty to come to Kankakee City, for the purpose of
suing out a writ of _habeas corpus_. The undersigned hereby presents
a letter from Andrew McFarland, Superintendent of the Illinois State
Hospital, at Jacksonville, in this State, showing her discharge, and
reasons of discharge, from said institution, which is marked "A," and
is made a part of this return. And also presents a certificate from
the said Andrew McFarland, under the seal of said hospital, marked
"C," refusing to readmit the said Elizabeth again into said hospital,
on the ground of her being incurably insane, which is also hereby
made a part of this return.