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62 pages 2 hours read

Kate Moore

The Woman They Could Not Silence: One Woman, Her Incredible Fight for Freedom, and the Men Who Tried to Make Her Disappear

Nonfiction | Biography | Adult | Published in 2021

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Part 5, Chapters 36-47Chapter Summaries & Analyses

Part 5: “Turning Points”

Part 5, Chapters 36-40 Summary

Theophilus declared that Elizabeth could stay out of an “asylum” as long as she promised never to return to their home. Elizabeth approached publishers with her written works, but none of them would agree to publish; she attributed their reluctance to “insanity’s” “shadow stitched to her” (272). She found support from the members of her new community in Angeline and her husband David’s town of Granville. They were convinced of her mental health and incensed by how she had been treated. The Granville newspaper published a copy of the editorial she had written under the Coes’s name, and Elizabeth paid for additional offprints that she sold to begin cultivating a savings. It was her first-ever official publication. In October of 1863, Elizabeth booked a train ticket to Manteno.

The Hasletts and the Blessings welcomed her with enthusiasm. Moore suggests that Elizabeth was probably apprehensive about reuniting with them because she thought they had abandoned her. They explained that they had been constantly advocating on her behalf, ever since 1860 and that all the letters they had written to her were never delivered. She learned that Theophilus had left the ministry. In 1861, their church had split, leaving to start their own Congregationalist church. He was now living on the charity of family and friends, still in significant debt. The house had fallen into squalor and disrepair. Elizabeth decided to return home and resume her domestic duties. Theophilus ordered her to leave but did not forcibly remove her. Instead, he instructed their children not to listen to her, locked up most of her resources, and thwarted her attempts to clean and restore the house to a livable condition. Furious about the disappearance of his keys in November, Theophilus locked Elizabeth in their children’s nursery and boarded up the windows, just as he had in 1860. Theophilus wrote to McFarland asking him to readmit her. Elizabeth’s friends continued to watch out for her, even as they were denied access to her. To secure the release of her 1860 essays, Elizabeth signed a document releasing property her father had given her so that Theophilus could take control of it. In December, McFarland informed Theophilus that Jacksonville would not readmit Elizabeth because she was incurable. Theophilus tried to enlist a slew of physicians to declare Elizabeth “insane,” inviting them to the house to evaluate her both overtly and surreptitiously.

Part 5, Chapters 41-47 Summary

On January 12, 1864, just days before Theophilus planned to take Elizabeth to Northampton, a court clerk came to the Packard home, ordering Theophilus to report, with Elizabeth, before Judge Charles Starr at the Kankakee Courthouse. Elizabeth had learned from his correspondence that Theophilus had resumed his efforts to admit her to a psychiatric hospital. Sarah Haslett, her husband, and three had gone to the courthouse to file a petition for habeas corpus on Elizabeth’s behalf. Theophilus secured reputable representation for himself, while Elizabeth was represented without cost by Steve Moore. Theophilus denied unjustly imprisoning, claiming that her treatment was necessary as she was an “insane” person requiring confinement. Judge Starr declared, “Prove it,” dismissing the issue of habeas corpus and declaring he would hold a hearing on Elizabeth’s “insanity” instead. Judge Starr decided this was an opportunity to set a precedent for women and impaneled a jury to hear the case.

Those testifying on Theophilus’s behalf asserted Elizabeth’s “insanity” based on their personal opinions and were largely discredited by Elizabeth’s lawyers when questioning revealed that they were neither experts in theology nor “insanity.” Theophilus’s lawyers attempted to stall the trial for 10 days so that McFarland could appear, but Judge Starr denied this motion, allowing McFarland’s documentation of her “insanity” to be read instead. In Elizabeth’s defense, members of her community in Manteo were called, including her friends, the Hasletts and Blessings.

Theophilus is furious when Elizabeth is allowed to read one of her Bible class essays before the court. She swept away any doubt among jury members that she might be “sane,” convincing them of her rationale, intellect, and command of religious thought. That afternoon, an angry mob was outside the courthouse waiting for Theophilus. When the court reconvened two days later, Theophilus was absent. The most stunning testimony on her behalf came from physician and theologian Dr. Alexander A. Duncanson, who reflected on his meeting with Elizabeth and testified for her mental health and that she had a brilliant, sophisticated theological mind. He chastised previous witnesses by scoffing at the notion that it was acceptable to consider another person “insane” simply because their religious views differed from one’s own. He oriented Elizabeth’s beliefs soundly within the parameters of rational and acceptable and among the ideas shared by the era’s most elite, renowned, and respected biblical scholars. The jury deliberated for only seven minutes before returning with their declaration that Elizabeth Packard was “sane.” Elizabeth felt relief only briefly before discovering that Theophilus had fled to Massachusetts, taken their children, and rented out their home to strangers, dispossessing her of her family, physical property, and personal effects.

Part 5, Chapters 36-47 Analysis

Although she had never met anyone in her cousin’s town of Granville before, the positive reputation that Elizabeth managed to garner in relatively short order is a testament to the personability and charisma that almost everyone she interacted with recalled as the hallmarks of her character. Her newfound allies were particularly upset by the lengths to which Theophilus had gone to not only prevent Elizabeth from seeing her children but to manipulate them into thinking of their mother in a way that was contrary to the woman they remembered. Separating a woman from her children went against every Victorian sensibility; a woman’s assessed virtue as a mother was tied to the strength of the relationships she had with her children, and the citizens of Granville felt it was not only unnatural but cruel of Theophilus to separate them. Just as her friends had staged in Manteo, her new friends in Granville held a public indignation hearing to voice their disapproval of her treatment. In raising money for her, they were helping to give her the autonomy she did not otherwise have as a married woman. Their further support in publishing her writing also provided a testament to their belief in her cause and their conviction that what she had learned in her time at Jacksonville needed to be shared with the world to prevent further injustices from being levied against vulnerable people. The extra offprints that Elizabeth paid for offered her the opportunity to disseminate her work beyond the readership of the Granville newspaper and constituted the first publications she managed to secure a printed run for. In her experience in Granville, Elizabeth finds that her Tenacity, Perseverance, and Integrity as Weapons Against Injustice have paid off, earning her the esteem and respect of many. Finally, she is matched by others who share her sense of Duty, Moral Obligation, Righteousness, and Advocacy for Others.

Whether Theophilus exhibited pride or irrationality in his statement, his claim that he and the children were better off without Elizabeth is absurd when one considers that the house had deteriorated in upkeep, cleanliness, and general order since she left. Elizabeth was particularly brilliant in conspiring with her friends to ensure that Theophilus played into their hands exactly as they wanted him to. Habeas corpus did not apply when Elizabeth was in Jacksonville, and it would not have applied if Theophilus had succeeded in securing her a place at Northampton. By predicting his behavior and inciting her imprisonment with the theft of the keys, Elizabeth and her friend ensured she would be eligible for a habeas corpus hearing. Theophilus did not have the right to imprison her against her will the way he did, so the court heard her case. Their timing was impeccable. Theophilus and his cronies tried to claim that Elizabeth was being treated in a “suitable manner” (292) based on the fact that she was “insane,” but by the time the case had reached the court system, there were far too many people who had become aware of his nefarious motives to give him the benefit of the doubt and presume that his actions were genuinely undertaken for her own good. In this section, Theophilus’s Hypocrisy, Vengeance, Vindictiveness, and Abuse of Power Versus Duty, Moral Obligation, Righteousness, and Advocacy for Others begin to work against him as public and judicial sentiment turns toward Elizabeth.

As read to the court, Elizabeth’s arguments were elegant and persuasive in their presentation and overwhelmingly theologically sound. Theophilus resented her from the beginning for having a better command of her audience as an orator and for being a superior communicator. There certainly were men of the period who became truly convinced that their wives, sisters, mothers, daughters etc., were “insane” because these women held opinions different from their own. White, Protestant, middle and upper-class men were often so convinced of their intellectual prowess and that their supposed God-given place of authority in society was sovereign and merit-based instead of purposefully, systemically perpetuated. The presumption that they should have the right to act as arbiters of others regardless of whether or not their virtues, personal merits, experiences, and level of intellect compared to those over whom they had power was pervasive. Men’s opinions and observations of their female relatives as they existed in the home were valuable to “asylum” superintendents and physicians because they were thought to have authority and expertise given the level of information and intimate contact they had directly with their female relatives. How someone behaved in public may manifest as one presentation, while how they behaved at home and what was revealed in private, personal settings was another. Rarely, however, did physicians critically examine how a man’s motives might shape and even drive their desire to commit a woman over whom they held dominion. Men gave other men certain leniencies and benefits of the doubt. As socially designated protectors, the upstanding among them saw their role as sacred, but there also existed a reluctance to intervene and interfere in the private management of another man’s home, ostensibly because it meant their own authority in their own sphere could theoretically be threatened. Lack of introspection meant that these men presumed their rightness and virtue and that of those they considered their equals and peers. It was a subconscious way of upholding the power structure so many of them benefitted from. Men accepted that other men were fulfilling their roles of protectors virtuously based on the notion that those social values meant something to others.

There were, however, those heroic men who saw their expectations as both societal and personal and committed to acting on behalf of others especially when other men appeared to be abusing their power to a particularly egregious extent. Such was the case with Elizabeth’s sons, friends, judges, jurors, and experts who testified at her trial. They perceived their duty as extending toward women who were not being protected and defended as a man should and stepped in to preserve the ideals they believed women should benefit from. A man’s status and social power certainly dictated the extent to which he was granted leniency in this regard by his peers. Theophilus, in significant debt, living in squalor once Elizabeth left, and known throughout his community as someone prone to selfishness, manipulation, and cruelty, was more easily humbled by the courts, but McFarland, in the later years to come, continued to hold his position and maintain his friendships and allegiances despite the evidence against him. After her liberation, Theophilus’s greatest allies against Elizabeth understandably came from those who did not personally know him—his opinions were published in newspapers, and his rights were respected in Massachusetts, presumably because, in large part, the people offering him support had no way of knowing just how far outside the bounds of acceptable behavior his treatment of his wife had been.

In this section and the one to follow, men emerge as Elizabeth’s supporters and advocates on a greater scale. Many of the men who become involved are not young reformers with progressive views surrounding legal rights for women but protective, fatherly, brotherly, gentleman-defender figures. Educated, virtuous, and enlightened men demonstrating true Victorian values of Duty, Moral Obligation, Righteousness, and Advocacy for Others saw Elizabeth’s case as righteous and worthy, regardless of which parts of theology and academia formed their belief systems. Simply because a male supporter agreed with and advanced Elizabeth’s cause did not mean he should necessarily be considered progressive outside of his historical context—it may have been an abstract chivalric or paternalistic instinct that drove them to their duty to shield women from baser men and in so doing distinguish themselves as an example of what masculinity and gentlemanliness should be, but most of the men who supported her were angry on her behalf, and many wanted to make sure that no other women suffered the same fate.

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