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Since Theophilus had stated in writing that she was invited to join him in Massachusetts with the children, she could not legally claim desertion. She considered divorce and did file but recognized that any claim she might have to her children would be rendered lost forever. Elizabeth’s case had made national news, not only as a story of personal interest but because of the unprecedented nature of the trial itself. Theophilus was widely criticized in the press, but when he began writing letters to defend himself, he was given a broad platform by the many publications that consented to publish his editorials. Elizabeth decided to compile a collection of her writings from the “asylum,” together with letters written by Mrs. Hosmer to Dorothea Dix and an account of her trial written by Steven Moore. In March 1864, she traveled to Chicago to source a publisher for this manuscript. Discovering the significant cost of printing, she published a smaller offprint, Reproof to Dr. McFarland for His Abuse of Patients. Through advertisements and networking, Elizabeth campaigned widely, selling her pamphlet and arranging for pre-orders of her full volume. This method was highly risky, as her behavior was perceived as bold, aggressive, and “unladylike.
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