SYBIL DOLE, sworn, and says--

I am Mr. Packard's sister; have known her twenty-five years. Her natural

disposition is very kind and sweet. Her education is very good; her morals

without a stain or blemish. I first observed a change in her, after we

came to Manteno. I had a conversation with her, when she talked an hour

without interruption; she talked in a wild, excited manner; the subject

was partly religion. She spoke of her own attainments; she said she had

advanced in spiritual affairs. This was two or three years before she went

to the Asylum.

The next time was when she was preparing to go to York State. She was

weeping and sick. Her trunk was packed and ready to go, but Mr. Packard

was sick. From her voice, and the manner she talked, I formed an opinion

of her insanity. She talked on various points; the conversation distressed

me very much; I could not sleep. She was going alone; we tried to persuade

her not to go alone. She accused Mr. Packard very strangely of depriving

her of her rights of conscience--that he would not allow her to think for

herself on religious questions, because they disagreed on these topics.

She made her visit to New York. The first time I met her after her return,

her health was much improved; she appeared much better. In the course of a

few weeks, she visited at my house.

At another time, one of the children came up, and wanted me to go down; I

did so. She was very much excited about her son remaining at Marshall. She

was wild. She thought it was very wrong and tyrannical for Mr. Packard not

to permit her son to remain there. She said very many things which seemed

unnatural. Her voice, manner and ways, all showed she was insane.

I was there when Mr. Baker came there, to see about Theophilus remaining

at Marshall with him. She was calmer than she was the day before. She said

that she should spend the day in fasting and prayer. She said he had came

in unexpectedly, and they were not prepared to entertain strangers. She

was out of bread, and had to make biscuit for dinner. (One gentleman in

the crowd turned to his wife and said, "Wife, were you ever out of bread,

and had to make biscuit for dinner? I must put you into an Insane Asylum!

No mistake!") I occupied the same room and bed with her. She went to Mr.

Packard's room, and when she returned, she said, that if her son was not

permitted to remain at Marshall, it would result in a divorce. She got up

several times during the night. She told me how much she enjoyed the

family circle. She spoke very highly of Mr. Packard's kindness to her. She

spoke particularly of the tenderness which had once existed between them.

I did not notice anything very remarkable in her conduct toward Mr.

Packard, until just before she was sent to the Hospital.

One morning afterward, I went to her house with a lady; we wanted to go

in, and were admitted. She seemed much excited. She said, "You regard me

insane. I will thank you to leave my room." This was two or three months

before she was sent to Jacksonville. Mr. Packard went out. She put her

hand on my shoulder, and said she would thank me to go out too. I went

out.

I afterward wanted to take the baby home. One morning I went down to see

her, and prepared breakfast for her. She appeared thankful, and

complimented me on my kindness. She consented for me to take the child; I

did so. In a short time, about ten days after, the other children came up,

and said, that she wanted to take her own child. I took the child down.

Her appearance was very wild. She was filled with spite toward Mr.

Packard. She defied me to take the child again, and said that she would

evoke the strong arm of the law to help her keep it.

At another time, at the table, she was talking about religion, when Mr.

Packard remonstrated with her; she became angry, and told him she would

talk what and when she had a mind to. She rose up from the table, and took

her tea-cup, and left the room in great violence.

_Cross-examined._--I am a member of Mr. Packard's church, and am his

sister. He and I have often consulted together about Mrs. Packard. Mr.

Packard was the first to ever suggest that she was insane; after that, I

would more carefully watch her actions to find out if she was insane. The

religious doctrines she advanced were at variance with those entertained

by our church. She was a good, neat, thrifty and careful housekeeper. She

was economical; kept the children clean and neatly dressed. She was sane

on all subjects except religion. I do not think she would have entertained

these ideas, if she had not been insane. I do not think she would have

wanted to have withdrawn from our church, and unite with another church,

if she had not been insane. She said she would worship with the

Methodists. They were the only other Protestant denomination that held

service at Manteno at the time. I knew when she was taken to Jacksonville

Hospital. She was taken away in the morning. She did not want to go; we

thought it advisable for her to go.

SARAH RUMSEY, sworn, and says:

Have lived one week in Mrs. Packard's house. I was present at the

interview when Mrs. Packard ordered us to leave the room. Mrs. Packard was

very pale and angry. She was in an undress, and her hair was down over her

face. It was 11 o'clock in the forenoon--I staid at the house; Mrs.

Packard came out to the kitchen. She was dressed then. She said she had

come to reveal to me what Mr. Packard was. She talked very rapidly; she

would not talk calm. She said Mr. Packard was an arch deceiver; that he

and the members of his church had made a conspiracy to put her into the

Insane Asylum; she wanted me to leave the conspirators. Soon after dinner

she said, "Come with me, I have something to tell you." She said she had a

new revelation; it would soon be here; and that she had been chosen by God

for a particular mission. She said that all who decided with her, and

remained true to her, would be rewarded by the millennium, and if I would

side with her, that I would be a chief apostle in the millennium. She

wanted to go to Batavia, but that Mr. Packard would give her no money to

take her there; that Mr. Packard called her insane. She started to go out,

and Mr. Packard made her return; took her into Mr. Comstock's, and Mr.

Comstock made her go home.

I saw her again when Libby had the brain fever. She was disturbed because

the family called her insane. She and Libby were crying together; they

cried together a long time. This was Tuesday. She would not let me into

the room. The next morning while at breakfast Mr. Labrie passed the window

and came in. He said that Georgie had been over for him, and said that

they were killing his mother. She acted very strangely all the time; was

wild and excited.

_Cross-examined._--Knew Mr. Packard two years before I went there to live.

He was the pastor of our church. I am a member of the church. I did not

attend the Bible class. Brother Dole came to me and said somebody of the

church should go there, and stay at the house, and assist in packing her

clothes and getting her ready to take off to the Hospital, and stay and

take care of the children. I consented to go; I heard that Brother Packard

requested Brother Dole to come for me. I never worked out before. They had

a French servant, before I went there; Mr. Packard turned her off when I

came, the same day. I did not want to take Mrs. Packard away. I did not

think she exhibited any very unusual excitement, when the men came here to

take her away. Doctors Merrick and Newkirk were the physicians who came

there with Sheriff Burgess. She did not manifest as much excitement, when

being taken away, as I would have done, under the same circumstances; any

person would have naturally been opposed to being carried away.

The church had opposed her, in disseminating her ideas in the church; I

was opposed to her promulgating her religious ideas in the church; I

thought them wrong, and injurious. I was present at the Sabbath School

when she read the paper to the school; I thought that bore evidence of

insanity. It was a refutation of what Mrs. Dixon had written; I cannot

give the contents of the paper now.

I was present when she read a confession of her conduct to the church; she

had had her views changed partially, from a sermon preached upon the

subject of the sovereignty and immutability of God. I did not think it

strange conduct that she changed her views; and never said so. This was in

the spring before the June when they took her away.

The article she read in the school was by the permission of the school.

I was present when she presented a protest against the church for refusing

to let her be heard; I have only an indistinct recollection of it; it was

a protest because they refused to listen to her.

Mr. Dole was the only person who came to the house when she was taken

away, except the men with Burgess.

She said that Mr. Packard had deprived her of the liberty of conscience in

charging her to be insane, when she only entertained ideas new to him.

I thought it was an evidence of insanity, because she maintained these

ideas. I do not know that many people entertain similar ideas. I suppose a

good many do not think the Calvinistic doctrine is right, they are not

necessarily insane because they think so.

When she found I was going to stay in the house, and that the French

servant had been discharged, she ordered me into the kitchen; before that,

she had treated me kindly as a visitor.

I thought it was an evidence of insanity for her to order me into the

kitchen; she ought to have known that I was not an ordinary servant. The

proper place for the servant is in the kitchen at work, and not in the

parlor; I took the place of the servant girl for a short time.

She wanted the flower beds in the front yard cleaned out, and tried to get

Mr. Packard to do it; he would not do it. She went and put on an old dress

and went to work, and cleaned the weeds out, and worked herself into a

great heat. It was a warm day; she staid out until she was almost melted

down with the heat.

_Question._ What did she do then?

_Answer._ She went to her room and took a bath, and dressed herself, and

then lay down exhausted. She did not come down to dinner.

_Ques._ And did you think that was an evidence of insanity?

_Ans._ I did--the way it was done.

_Ques._ What would you have done under similar circumstances? Would you

have set down in the clothes you had worked in?

_Ans._ No.

_Ques._ Probably you would have taken a bath and changed your clothes too.

And so would any lady, would they not?

_Ans._ Yes.

_Ques._ Then would you call yourself insane?

_Ans._ No. But she was angry and excited, and showed ill-will. She was

very tidy in her habits; liked to keep the house clean, and have her yard

and flowers look well. She took considerable pains with these things.

I remained there until she was taken away; I approved taking her away; I

deemed her dangerous to the church; her ideas were contrary to the church,

and were wrong.

The baby was eighteen months old when she was taken away. She was very

fond of her children and treated them very kindly. Never saw her misuse

them. Never heard that she had misused them. Never heard that she was

dangerous to herself or to her family. Never heard that she had threatened

or offered to destroy anything, or injure any person.

JUDGE BARTLETT was next called to the stand.

Am acquainted with Mrs. Packard. Had a conversation with her on religious

topics. We agreed very well in most things. She did not say she believed

in the transmigration of souls; she said some persons had expressed that

idea to her, but she did not believe it. It was spoken of lightly. She did

not say ever to me, that Mr. Packard's soul would go into an ox. She did

not say anything about her being related to the Holy Ghost. I thought

then, and said it, that religious subjects were her study, and that she

would easily be excited on that subject. I could not see that she was

insane. I would go no stronger than to say, that her mind dwelt on

religious subjects. She could not be called insane, for thousands of

people believe as she does, on religion.

MRS. SYBIL DOLE, recalled.

At the time she got up from the table she went out. She said, "I will have

no fellowship with the unfruitful works of darkness. No! not so much as to

eat with them."

_Re-cross-examined._--_Question._ Did you deem that an evidence of

insanity?

_Answer._ I did.

_Ques._ She called Mr. Packard the unfruitful works of darkness?

_Ans._ I suppose so.

_Ques._ Did she also include you?

_Ans._ She might have done so.

_Ques._ This was about the time that her husband was plotting to kidnap

her, was it not?

_Ans._ It was just before she was removed to the Asylum.

_Ques._ He had been charging her with insanity, had he not, at the table?

_Ans._ He had.

The prosecution now wished to adjourn the court for ten days, to enable

them to get Dr. McFarland, Superintendent of the State Hospital, who, they

claimed, would testify that she was insane. Counsel stated, he had been

telegraphed to come, and a reply was received, that he was in Zanesville,

Ohio, and would return in about ten days. They claimed his testimony would

be very important. This motion the counsel of Mrs. Packard opposed, as it

was an unheard-of proceeding to continue a cause after the hearing was

commenced, to enable a party to hunt up testimony.

The matter was discussed on each side for a considerable length of time,

when the court held that the defense should go on with their testimony,

and after that was heard, then the court would determine about continuing

the case to get Dr. McFarland, and perhaps he could be got before the

defense was through, and if so, he might be sworn; and held that the

defense should go on now.

The counsel of Mrs. Packard withdrew for consultation, and in a brief time

returned, and announced to the court that they would submit the case

without introducing any testimony, and were willing to submit it without

argument. The counsel for Mr. Packard objected to this, and renewed the

motion for a continuance; which the court refused.

The counsel for Mr. Packard then offered to read to the jury a letter from

Dr. McFarland, dated in the month of December, 1863, written to Rev.

Theophilus Packard; and also a certificate, under the seal of the State

Hospital at Jacksonville, certifying that Mrs. Packard was discharged from

the institution in June, 1863, and was incurably insane, which certificate

was signed by Dr. McFarland, the Superintendent. To the introduction of

this to the jury, the counsel for Mrs. Packard objected, as being

incompetent testimony, and debarred the defense of the benefit of a

cross-examination. The court permitted the letter and certificate to be

read to the jury.

These documents were retained by Rev. Theophilus Packard, and the reporter

has been unable to obtain copies of them. The letter is dated in December,

1863, at the State Hospital, Jacksonville, Illinois, and written to Rev.

Theophilus Packard, wherein Dr. McFarland writes him that Mrs. Packard is

hopelessly insane, and that no possible good could result by having her

returned to the Hospital; that the officers of the institution had done

everything in their power to effect a cure, and were satisfied she could

not be cured, and refused to receive her into the institution.

The certificate, under the seal of the Hospital, was a statement, dated in

June, 1863, at Jacksonville, Illinois, setting forth the time (three

years) that Mrs. Packard had been under treatment, and that she had been

discharged, as beyond a possibility of being cured.

The above is the import of these documents, which the reporter regrets he

cannot lay before the public in full.

The prosecution now announced that they closed their case.

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