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 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.

Marital Power Exemplified in Mrs. Packard's Trial, and Self-Defence from the Charge of Insanity · 第 18 / 103 题