Dated _January 12, 1864_.
The Court, upon its own motion, ordered an issue to be formed, as to the
sanity or insanity of Mrs. E. P. W. Packard, and ordered a venire of
twelve men, to aid the court in the investigation of said issue. And
thereupon a venire was issued.
The counsel for the respondent, Thomas P. Bonfield, Mason B. Loomis, and
Hon. C. A. Lake, moved the court to quash the venire, on the ground that
the court had no right to call a jury to determine the question, on an
application to be discharged on writ of _habeas corpus_. The court
overruled the motion; and thereupon the following jury was selected:
John Stiles, Daniel G. Bean, V. H. Young, F. G. Hutchinson, Thomas Muncey,
E. Hirshberg, Nelson Jarvais, William Hyer, Geo. H. Andrews, J. F. Mafet,
Lemuel Milk, G. M. Lyons.
CHRISTOPHER W. KNOTT was the first witness sworn by the respondent, to
maintain the issue on his part, that she was insane; who being sworn,
deposed and said:
I am a practicing physician in Kankakee City. Have been in practice
fifteen years. Have seen Mrs. Packard; saw her three or four years ago. Am
not much acquainted with her. Had never seen her until I was called to see
her at that time. I was called to visit her by Theophilus Packard. I
thought her partially deranged on religious matters, and gave a
certificate to that effect. I certified that she was insane upon the
subject of religion. I have never seen her since.
_Cross-examination._--This visit I made her was three or four years ago. I
was there twice--one-half hour each time. I visited her on request of Mr.
Packard, to determine if she was insane. I learned from him that he
designed to convey her to the State Asylum. Do not know whether she was
aware of my object, or not. Her mind appeared to be excited on the subject
of religion; on all other subjects she was perfectly rational. It was
probably caused by overtaxing the mental faculties. She was what might be
called a monomaniac. Monomania is insanity on one subject. Three-fourths
of the religious community are insane in the same manner, in my opinion.
Her insanity was such that with a little rest she would readily have
recovered from it. The female mind is more excitable than the male. I saw
her perhaps one-half hour each time I visited her. I formed my judgment as
to her insanity wholly from conversing with her. I could see nothing
except an unusual zealousness and warmth upon religious topics. Nothing
was said, in my conversation with her, about disagreeing with Mr. Packard
on religious topics. Mr. Packard introduced the subject of religion the
first time I was there: the second time, I introduced the subject. Mr.
Packard and Mr. Comstock were present. The subject was pressed on her for
the purpose of drawing her out. Mrs. Packard would manifest more zeal than
most of people upon any subject that interested her. I take her to be a
lady of fine mental abilities, possessing more ability than ordinarily
found. She is possessed of a nervous temperament, easily excited, and has
a strong will. I would say that she was insane, the same as I would say
Henry Ward Beecher, Spurgeon, Horace Greely, and like persons, are insane.
Probably three weeks intervened between the visits I made Mrs. Packard.
This was in June, 1860.
_Re-examined._--She is a woman of large, active brain, and nervous
temperament. I take her to be a woman of good intellect. There is no
subject which excites people so much as religion. Insanity produces,
oftentimes, ill-feelings towards the best friends, and particularly the
family, or those more nearly related to the insane person--but not so with
monomania. She told me, in the conversation, that the Calvinistic
doctrines were wrong, and that she had been compelled to withdraw from the
church. She said that Mr. Packard was more insane than she was, and that
people would find it out. I had no doubt that she was insane. I only
considered her insane on that subject, and she was not bad at that. I
could not judge whether it was hereditary. I thought if she was withdrawn
from conversation and excitement, she could have got well in a short time.
Confinement in any shape, or restraint, would have made her worse. I did
not think it was a bad case; it only required rest.
J. W. BROWN, being sworn, said:
I am a physician; live in this city; have no extensive acquaintance with
Mrs. Packard. Saw her three or four weeks ago. I examined her as to her
sanity or insanity. I was requested to make a visit, and had an extended
conference with her: I spent some three hours with her. I had no
difficulty in arriving at the conclusion, in my mind, that she was insane.
_Cross-examination._--I visited her by request of Mr. Packard, at her
house. The children were in and out of the room; no one else was present.
I concealed my object in visiting her. She asked me if I was a physician,
and I told her no; that I was an agent, selling sewing machines, and had
come there to sell her one.
The first subject we conversed about was sewing machines. She showed no
signs of insanity on that subject.
The next subject discussed, was the social condition of the female sex.
She exhibited no special marks of insanity on that subject, although she
had many ideas quite at variance with mine, on the subject.
The subject of politics was introduced. She spoke of the condition of the
North and the South. She illustrated her difficulties with Mr. Packard, by
the difficulties between the North and the South. She said the South was
wrong, and was waging war for two wicked purposes: first, to overthrow a
good government, and second, to establish a despotism on the inhuman
principle of human slavery. But that the North, having right on their
side, would prevail. So Mr. Packard was opposing her, to overthrow free
thought in woman; that the despotism of man may prevail over the wife; but
that she had right and truth on her side, and that she would prevail.
During this conversation I did not fully conclude that she was insane.
I brought up the subject of religion. We discussed that subject for a long
time, and then I had not the slightest difficulty in concluding that she
was hopelessly insane.
_Question._ Dr., what particular idea did she advance on the subject of
religion that led you to the conclusion that she was hopelessly insane?
_Answer._ She advanced many of them. I formed my opinion not so much on
any one idea advanced, as upon her whole conversation. She then said that
she was the "Personification of the Holy Ghost." I did not know what she
meant by that.
_Ques._ Was not this the idea conveyed to you in that conversation:--That
there are three attributes of the Deity--the Father, the Son, and the Holy
Ghost? Now, did she not say, that the attributes of the Father were
represented in mankind, in man; that the attributes of the Holy Ghost were
represented in woman; and that the Son was the fruit of these two
attributes of the Deity?
_Ans._ Well, I am not sure but that was the idea conveyed, though I did
not fully get her idea at the time.
_Ques._ Was not that a new idea to you in theology?
_Ans._ It was.
_Ques._ Are you much of a theologian?
_Ans._ No.
_Ques._ Then because the idea was a novel one to you, you pronounced her
insane.
_Ans._ Well, I pronounced her insane on that and other things that
exhibited themselves in this conversation.
_Ques._ Did she not show more familiarity with the subject of religion and
the questions of theology, than you had with these subjects?
_Ans._ I do not pretend much knowledge on these subjects.
_Ques._ What else did she say or do there, that showed marks of insanity?
_Ans._ She claimed to be better than her husband--that she was right--and
that he was wrong--and that all she did was good, and all he did was bad;
that she was farther advanced than other people, and more nearly
perfection. She found fault particularly that Mr. Packard would not
discuss their points of difference on religion in an open, manly way,
instead of going around and denouncing her as crazy to her friends and to
the church.
She had a great aversion to being called insane. Before I got through the
conversation she exhibited a great dislike to me, and almost treated me in
a contemptuous manner. She appeared quite lady-like. She had a great
reverence for God, and a regard for religious and pious people.
_Re-examined._--_Ques._ Dr., you may now state all the reasons you have
for pronouncing her insane.
_Ans._ I have written down, in order, the reasons which I had, to found my
opinion on, that she was insane. I will read them.