The Trial of Mary Todd Lincoln: Ethical Guardianship in the 19th Century and Beyond 19th Annual NAPS

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The Trial of Mary Todd LincolnEthical
Guardianship in the19th Century and Beyond19th
Annual NAPSA Conference AUGUST 26 - 29,
2008Sheraton Chicago Hotel Towers APS
Advocating, Protecting and Serving Vulnerable
Adults

• By Terry Hammond
• Executive Director
• National Guardianship Association

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Mary Todd Lincoln
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Robert Todd Lincoln
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The Lincolns at Ford Theater
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Grand Pacific Hotel
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Old Chicago Courthouse
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Leonard Swett
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Isaac Arnold
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Jury Verdict

• "We, the undersigned jurors in the case of Mary
  Todd Lincoln, having heard the evidence in the
  case, are satisfied that said Mary Todd Lincoln
  is insane, and is a fit person to be sent to a
  state hospital for the insane..." (jury verdict
  after 10 minutes of deliberation, May 19, 1875).

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Bellevue Place, Batavia, IL
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• "Six physicians in council informed me that by
  longer delay I was making myself morally
  responsible for some very probable tragedy, which
  might occur at any moment.
• Robert Todd Lincoln, in a June 1, 1875 letter
  to Mary's Lincolns friend Sally Orne, explaining
  his difficult decision.

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Illinois Lunacy Statute, 1874

• That when any person is supposed to be insane or
  distracted, any near relative, or in case there
  be none, any respectable person residing in the
  county may petition the judge of the county court
  for proceedings to inquire into such alleged
  insanity or distraction. For hearing such
  application and proceedings thereon, the county
  court shall be considered as always open.
• At the time fixed for the trial of a jury of six
  persons, one of whom shall be a physician, shall
  be impaneled to try the case. The case shall be
  tried in the presence of the person alleged to be
  insane, who shall have the right to be assisted
  by counsel, and may challenge juries as in civil
  cases.

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Illinois Conservatorship Statute, 1874

• That whenever any idiot, lunatic, or distracted
  person has any estate, real of personal, or when
  any person by excessive drinking, gaming,
  idleness, or debauchery of any kind, so spends,
  wastes or lessens his estate as to expose himself
  or his family to want or suffering, or any
  county, town, or incorporated city, town or
  village to any charge or expense for the support
  of himself or his family, the county court of the
  county in which such person lives shall, on the
  application of any relative or creditor, or if
  there be neither relative or creditor, then any
  person living in such county, order a jury to be
  summoned to ascertain whether any such person be
  idiot, lunatic or distracted, a drunkard or such
  spendthrift and if the Jury return their verdict
  that such person is an idiot, lunatic or
  distracted, or drunkard, or so spends, wastes or
  lessens his estate, it shall be he duty of the
  court to appoint some fit person to be the
  conservator of such person.