The Express.
London, England, 1852-01-10 00:00:00

COMMISSION OF LUNACY.

Yesterday the inquiry into the state of the mind of'
Mrs. Catherine Cumming was again resumed at the Eyre
Arms, St. Juhn's-wood, before Mr. Francis Barlow. 'r
ease for the promoters was managed ey Sir Frederick
Thesiger, Q.C., and Mr. Petersdorlf ; and that for the other
side by Mr. Edwin James, Q.C., Serjeant Wilkins, and
Mr. Southgate.
The elimination of witnesses in support of the petition
was resumed. _ .

Elizabeth Marie, the wife of a plasterer, residing at
No. 2, Poole's-buildings, Oray's.inn-road, deposed to hav-
ing in November or llteember, WO, made en arrangement
with Mrs. Caroming for her daughter, Mary Anne, a girl of
about 12 years of age, to wait upon her, and to read to her.
Mrs. Cumming asked the child whether she was fond of
cats, and she said yes. Mrs. Cumming desired her to look
at them, and remarked that they were beautiful creatures.
She then said that she would tell them their names. The
first was called " Vic," out of respect, witne,s supposed, to
Queen Victoria. (Laughter.) The second was named
" The Queen of Vczetta," and called, for short, " Viz ;"
the third, " Mrs. Thomas ;" and the fourth, " Kitty."
Mr. E. James—Was that the kitten ?

Witness—Oh dear, no ; it was a full-grown cat.
Mr. Petersdorff—Perhape it was called ' Kitty " out of
respect to what it once had been ? (Laughter.)
Witnets—Probably so. Mrs. Cumming gave me the
pedigree of the cats.
Mr. retcrsdorff—Well, what was the name of the neat
cat ?

Witness—Mrs. Cumming said it was called "Tommy,"
!meanie it had not been christened. (Laughter.)
Mr. James—Was " Tummy " tho son of " Mrs. Tho-
mas?"

Witness—Really, sir, I don't know.
Examination resumed—Witnesa's daughter, Mary Anne,
remained there three weeks. lied another daughter named
Ellen, who went into Mn. Cumming's service at Christmas
18.50. Mrs. Cumming told witness that she was very much
pleased with May Anne, and said she should like to engage
witness's daughter Ellen as housemaid. She said she was
going to remove from Queen's-road to Howley-place in the
course of a few days, as she had taken a house
from Sir Matthew Wyatt. She said the house was
to be kept more cleanly than the one she was
in, and that she must have an extra servant. Witness's
daughter Ellen war 16 years of age. Afterwards heard that
Mrs. Cumming had taken a dislike to witness's daughter,
and called upon Mrs. Cutnraing about a week after Christ-
mas. Before she entered the room witness took a small
quantity of spirits, aa she always did, for the smell was so
noxious that she could nut otherwise have stood it. The
smell arose from the cats. If ever witness opened the door
she said, " Oh, Mrs. Hickie, do close the door • the dear
creatures will go out and I shall lose them." (Laughter.)
Mn. Cumming was in a night-dress, which was very dirty,
for she wore it night and day. She said she was starving,
and that her cook, whom she called " the rough diamond,
or " the mistress of the kitchen," would not let her
have anything. Did not recollect hearing Mrs. Cumming
call the kitchen " the minister of the interior." (Laughti.r.)
Witness offered to buy her something to eat, but she said
she could not afford it, for that villain Mr. Robert Haynes
had robbed and swindled her out of every thing she had.
Sho stated that Mr. Haynes had drawn up a will, in which
he had left himself the bulk of her property. Witness told
her that she might make another will, which she said she
intended to do. She also said that she had not signed the
will, and witness remarked that was a good thing. Wit-
ness's daughter was then called up, and she said to Mrs.
Cumming " You know you would not allow me to get you
anything, ma'am." Mrs. Cumming then pointed to the
cats' table cloth, and said " Look, Mrs. Hickie, those poor
animals have gut dirty plates." Witness suggested, in
reply, that they had perhaps only recently dined.
(Laughter.) Witness told her daughter to fetch
clean plates, and Mrs. Cumming appeared to be
much pleased. Nest time witness called upon her
she said, "It's all over, Mrs. Hickie ; I have
signed that cursed will in Mr. Hutchinson's parlour,
at least so they say, but it is not my will ; and I shall send
for Mr. Thorne, a most respectable man, to take my affairs
out of that villain's (Mr. Haynes) hands. He has got 2,0801.
of mine, and I cannot got one penny of it from him.
I seat Mr. Hutchinson to Mr. Haynes for money, and he
sent me 301. stating that that was out of his own pocket, as
he had not been paid for the previous law suit." She then
prayed fur curses upon Mr. Haynes and his wife because
they had robbed her even of her clothing. Witness called
on her next on a very cold evening. She had no fire and
was shivering from cold. She said that witness had
sent an angel to her in the shape of her daughter,
and but for her she would have perished. She had
then wi..neaa's daughter's :cloak on. She said " Isn't
it a shocking thing that I, • lady possessing the
property I do, should bo situated in the manner I am,
through a scoundrel who is keeping an establishment with
my money ? That villain Haynes will be my death." Wit-
ness stayed with her nearly un hour, for she cried very
much and wrung her hands, as if in great agony. Sho
was exceedingly dirty, and smelt very offensively. The
ceiling of the drawing-room where this took place was
nearly falling in from the moisture from the rata in the
room above. She wished Mr. Hickio to repair it, but wit-
ness said he would have to remove it completely, as the
laths must be completely rotten. Mrs. Cumming stated
that Mrs. Hutchinson had assisted in robbing her, and had
left her no clothes to wear. Witness asked how it was
she permitted people to rob her. She replied that
she could not help it, and that she must inane
unless they brought her a few pounds. Shortly
after Mrs. Cumming removed from the Queen's-
road she asked witness to remain with her. She was very
much excited and out of temper. She said she was very
much annoyed by the creatures srounil her (the servants).
All the five cats were then on the bed. The drawing-room
was cleared out by her directions, as she said she expected
Sir Matthew Wyatt and Mr. Thorne would c.. 11 to sign
some agreements respecting the house. Mrs. Cumming re-
, k\i,u,tsnteet.l rhietnnegssave her tomaulplienocemoef wunne,
.liliethhosuhiidirtawu
drank.
very stale, stir ire it. She then became very violent,i and
rang for " the mi-tres-, of the kitchen." Th.• servant
did not immediately come, and Mrs. Cumminis
said, " Never mind, Hickie 1 will serve them out ;
and aceottliegly she did outwitting very unpleasant. Mrs.
Cumming than had herself dressed in a satin gown. The

3

operation lasted about three bean. She said, " Hieithr.
don't I look nice ? You know Sir Matthew io emeng es a
courtier." (Laughter.) Witness wed, " But Sir M inhale
is married ;" and Mrs. Cumming exclaimed, " Olt ! dies
no, that is a mistake. It is his sister who lives with him;
she is a widow and those are her children." In a gamier
of An hour afterwards Sir Matthew arrive it. lie molt a
chair Iteside her, and said, " Mahon, I am deligiutee to see
you arc so well this morning, and looking so charming."
(Loud laughter.)
Mr. E. James—lt morns that the old lady was right
after all. (Laughter.)
Examination resumed—Mr. Thorne came afterwards,
but witness was not then in the room. Witness was at Mrs.
Cummings five days, and went to bed each night about 12
o'clock. Did not sleep the first night at all, as witness was
apprehensive of something happening to Mrs. Cumming.
She was always wringing her hands and cursing Mr.
Haynes, and a person named Jones, whum Mr. Haynes had
sent to road to her. On one occasion she said that Jones
had got a Fold watch of her's, but that he never exhibited
it. She said she gave him (Jones) 71. for coals, that he sent
two sacks and pocketted the rest of the money. Witness
was apprehensive that she would destroy herelf, for she
was violent at nights, and always exclaiming Hilt people
were coming after her and wanted to take her to the mad-
house, and that her children were pursuing her in order to
get her property, but she added, she had not much, for
that villain Haynes had not left her much. One
day, when they were talking about Mr. Robert !hypes,
witness said she had never seen Mrs. Haynes. Mrs. Cum-
ming said, " No, she does not come here now, for she was
talking about Rush, and she said that she would net have
allowed such a disgrace to leave fallen on her family—that
she (Mrs. Cumming) asked her what she meant, and Mrs.
Haynes replied, " Oh, I would have given him mniethiii
that would have taken him off comfortable." (Laughter.
To that Mrs. Cumming said she replied that she sup
she (Mrs. Haynes) would not have minded giving her
something. After witness had left the house site culkd
again on Mrs. Cumming in consequence of something she
had heard about her daughter. Mrse Cumming said,
"Oh, you're cunne to fetch that beauty. She has turned
out as bad as the rest." Witness took her youngest
daughter away. Did not think that Mrs. Cumming had
any just ground of complaint against M cry Rainey or her
eldest daughter. Perhaps she had amenst her youngest
daughter. Mrs. Cumming writ to wish her to sit dose to
her, and with her back towards her. The child objected to
that, because Mrs. Cumming hail attempted to cut her
throat. Upon which Mrs. Cumming said that even the
cats were angry with her, and the child laughed. The
child frequently hail laughed at her; and, considering Mrs.
Cummings state, that was decidedly improper, and witness
had chided her for it. When witness called neat the fur-
niture was being removed, and, by Sir Matthew's direction,
witness took a cab, and went to Mrs. lace's. Mrs. Ince was
notat home, and witness proceeded to Mr. Jones's, in Sloane-
square, where she met Mr. Ince. Mr. Ince and Mr. Hooper
came to Sir Matthew Wyatt's house, which was next door
to where Mrs. Cumming had been residing. Del not know
whether Sir Matthew was a county magistrate. Had heard
Mrs. Cumming and Mrs. Hutchinsou talk about Mrs. Cum-
ming's children. Mrs. Hutchinson said Mrs. Cuntrning
was an unfortunate lady, for she had very bad children,
end that they were seeking to place her in a mad-house,
where she had been before in confinement, and that they
were very unkind to her. Witness said it was very wrong
of Mrs. Hutchinson, a mother herself, to set a mother
against her fancily. Witte as said she was a metier herself,
and considered Mrs. Ilutchierion's conduct was very wicked.
Mrs. Cumming told witness to mind her own business, and
to leave the room. Mrs. Cumming was not at all an ex-
travagant woman in her habits. She was very penurious.
Cross-examined by Mr. E. James—Witness's daughter
Ellen (the eldest), had He a year, and the other 2,.. a week.
There was cuthing penurious about that. Mary Rainey
introduced the Ilickie family into the house. W ewes went
down with the police when Mrs. Cumming was arrested on
a charge of forgery, at Hutchinson's bowie. Dist not go
to liutchinson's house to identify Mrs. Cumming, that she
might be arrested by the police—at least, not particularly.
Was in the drawing-room of Mrs. Ilutchinsonet lemee with
the police. Did not recollect where witness saw Mr. Jones.
Thought it was at Mr. lace's. Had not seen him fur two
or three days before this charge, at an attorney's office in
Fenchurchedrect. Saw him once at lace's. Jones was the
man who preferred the charge. Saw Jones the following
day ;he called on witness at her house. lie called upon
witness to speak with her about Mrs. Cununing's affairs.
had previously told him her address. He told witness that
a charge was to he brought against Mrs. Cumming that
would sue prise witness very much. Witness's daughter did
not care much for the threat to cut her throat, because she
knew she could easily keep out of Mrs. Cummings reach.
Mary Anne Hickie, an intelligent-looking little girl, de-
posed to Mrs. Cumming's habits. Used to attend to the
cats, to place napkins and plates for them, and to cut up
their victuals for them. Mrs. Cumming once told her that
she was not doing it properly, and said she would cut wit-
ness's throat. Witness thought she meant it, and was quite
frightened. On another occasion witness gave her a two-
pronged fork. Mrs. Cumming did not like it, and witness
took her the knife-basket in order that she might choose
one for herself. She laid hold of the carving-knife and
said, "It looks tempting, don't it ? I've a good mind
to cut your throat with it." She ground her
teeth and looked so angry that witness ran out
' of the room in alarm. Mrs. Cumming was very
dirty in her habits, and often was so in order to vex
' the servants. She used very bad language daily, and, as
far as witness could see, without any cause.
Crow-examined by Mr. James—A. table cloth used to be
laid on the floor for the cats, and a coup plate was placed at
each corner. The meat was cut up and put in the plates ;_
and the gravy or beef tea was poured over it. A cup of
milk was also placed for each. The meat wen gravy beef.
The cats were all fat except " Kitty." (Great laughter.)
" Kitty" had been ill. When " Kitty" was ill Mrs. Cum-
ming gave her wine. (Laughter.) That wee by the doc-
tor's advice, and the wine was forced down the cat's throat,
(Renewed aughtere
r Simeon Thorne—l am an attorney in Berners-street,
Oxford-street. On the leth November, 1850, I received a
: menage, in consequence of which I called on Mrs. Cum-
ming. I saw her in her bedroom. She appeereil to be ex-
' ceedingly infirm, but was out of bed. I was particularly
struck by the offensive smell, and I observed a vast number
. of cats. Though I am fond of animals, I was afraid
of being scratched by them, they were jumping about so.
There was a tablecloth on the floor, arid the cats appeared
to have been feeding off some plates upon it. Mrs. Cum-
ming said she wished to consult me upon her Milan. She
said she had employed Mr. Robert ilaynex, of Orchard-
street. She stated that she had had a commission of lunau,
and had been examined before the commissioners; that Mr.
Robert Haynes was present visually, and that with her
sanction he had undertaken her case. She then complained
that she could get no money from him; though he had had
many thousands of pounds of here. lu answer to my quei-
tion, she said she had had no account of the manner in
which that money had been applied. She stated that she
had paid him all his collet. She mid that he And received
the money as rents and other monies. She wished that ho
should be discontinued as her solicitor; and she could give
me no information about her property, because Mr. Robert
Haynes had all her papers. After calling several times
upon Mr. Robert Haynes without seeing him, I had a
personal interview with him on the 21st of November last.
Mr. Haynes objected to render any account, as it had been
rendered over and over again to Mrs. Cummiug. Ile said
that she owed him between 3001. and 600/. for
costs, and if I wished to move the peepers out of
his hands, it must be in the usual manner, by
undertaking to pay his costs. I stated that if he would
render me an account of all his cash transactions, so as to
satisfy me that he had dealt fairly and honestly by Mrs.
Cumming, it was not my intention to deprive him of his
client; but that I should certainly require to have a full
account, because she had stated to me that he had had many
thousands of hers. lie promised rue the account, but he
said that the bill of costs would take some time to prepare.
The witness then wrote to Mrs. Cumming, stating what had
occurred, and requesting a personal interview. On the fol-
lowing day I received from Mrs. Cumming a letter which
had been sent her by Mr. Robe Haynes. [The letter con-
tained no account, which was read ] Mrs. Cumming, in a
note sent me at the same time appointed an interview on
the following clay. I attended, and she entered into a
statement of her affairs. She said that the commission of
lunacy haul been taken out by her husband, and had been
continued by her children. She appeared to be very much
excited in speaking of them, end called them " unworthy."
She said she had never received the amount-, stated to
have been paid her by Mr. Haynes, whom she called •
rogue, and said that unless I took the mom effective mese
sures I should never be able to get the account
from hint. She proposed going before a magistrate,
but I represented that that was not the proper course;
and she agreed to leave all to me. She said that
Mr. Haynes hail risen from being a mere lawyer's
clerk to reside in a splendid mention in the neighbourhood
and to keep his carriage out of her money. Site added that
the neighbours used to say as she passed, "There goes poor
Mrs. Cumming, who is not able to pay her way," and that
hurt her so much that she did not like to go out of the
house. I asked her how it was that Mr. Ilaynes had been
able to get so much of her money into hi. hands, and
whether she hail signed any conveyances ? She said she
did not know what they were; and when I explained them
to her, she told me she had often signed long pieces of
parchment at R. Haynes'e request, but that she did not
know the nature of them. She said he told her they were
all right, and sho must put her name to them; that the
documents were never read over to her; that she trusted
all to him, and that this was how he had deceived her. Site
then cried bitterly. I lead great difficulty in getting this
information from her. She once told me she expected he
would bring her her death warrant. I wrote again to Mr.
Ilayneeerequiring anexplunation of an item of 791. which ho
said he bad paid her, and his general nueount of
all moneys that had come into his hands sicco
his employment by Mrs. Cummins. Mr. Haynes
replied, saying that he could not give the account without
further tines, and that the 79/. had been sent Mrs. Cum-
ming by her own servant. When I saw Mrs. Cumming
again, she said Robert leierim's statement was a lie. On
further pressing her, she said that her conehman had once
, brought her some money, but she told hint that if Robert
Haynes could not bring it himself he (the coachman) might
take it back. She complained bitterly of her servants, and
especially of One who had been recommended by Mr.
Haynes. On one occasion, when she appeared to be ex-
ceedingly irritated against Mr. Ilaynes, I thought it neces-
sary to motile her and I admired the cats. She was very
much delighted, and told me their names and history. I
afterwards saw Mr. Haynes about the 791., and he said he
could prove that it had been sent by the coachman. lie
also entered into other cup n • , ' stated that his
oats amounted to betwee
[At this stage of the ' 'fi , ..Cspegninst was
brought into the rem. 'loath the
mane state as oa Tandor...- -0 in perfect
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bealth, escrin that she had nearly Ipst the use of her isle-
Kee estr,inincs (min paralysis. She had certainly not
the luo. a person suffering from a mental aberration.) '
Baying been ;•:ated in as arapchuir. uesr the teamed COs.
111Miosser, Mr. Itarlow asked her it her att.. udancu the last
time ha.t fatigued her ?
Mn. Cumming—Vety much.
TV Coutemeneser-1 suppose you could not get up
punteria7 ?
Mrs. Lurnmitig—Oh, yes, I was up ; but I was too tired
some.
The C.,tatnissioner—We have had Mary• Anne fickle
bare. !Ole *rents to be a nice little
Mrs. t•Lim —Oh, she is amiabie enough to you. C4/1310
te know her, though ! (Loud laughter.)
Mn. Cumming then said that she should like Mr. Hat.
AWNS and her own maid to Le sear her, and they having
reared her that they were at hand.
The Commissioner pointed to the witness, and asked her
Mike kat+ his ?
Mrs. Cumming—Yes, I saw him once. Ile intruded
Weasel( upon me before I had come downstairs. lies name
Is Thorne.
_ .

The t uninswitaser—You only saw him once, then t
Mrs. Cumming—That is quite outticient.
RnantinAtion .rrutm.Al—illt the ,:ith ofrtccember

Caaustiog volassid ma agar to apply is Mr. Mayors ter
bas 'awry. I rhea bird she lad ado a will. Illte said
lea had, and that NZ IL Haynes had it. She wished me
M get it from him. Semetinies she spoke coherently, and
seethes. she was rambling.
Mrs. Cumming -1 was too al at that time to attend to
business, and no K. ntlenian would have intruded himself
Noon nue in that state. I don't go behind his back to tell
Si'.him
Maamination eontineed—l saw Mrs. Cumming agar as
the 11th of December is her bedroom, and had • long ems-
venation with Ise It was if the same character as the
tethers, rambling and incoherent. Sic handed me a bill of
Mb Of s:t2t., which hail been sent in by Mr. Alfred Robin-
gm, Mr. Haynes's partner.
Mr. James said the bill was for the commission in ISM,
sad than nearly 500/. was paid out of pocket for fees to
emaniel, and niedical gentlemen.
A Juror—How long aid that commission last?
Berjeaat Wilkins—Seven days. The heavy wooed may
be as argument against the present mod* of enquire, but •
Na cannot be impeded to hue that amount out 01 pocket.
• considerable amount over and above the 5001. was aka
paid for law stationery.
The witness said he had perused the bill, and he had
nothing to say against it ...wept with respect to one item.
Mn. Cumming told him she had never employed Mr.
Rebineen at all. She had only employed Mr. Haynes.
NM Cumming—Mit is nut true, sir.
Sir F. Theeiater then reed a draft of Mrs. Cummings
Wrwill, which was put in. The sum of 2,000/. was
oe Mr. Havre*, 2,000/. to the separate use of hi.
wife, and 210/. to each of his two children. The next
largest inquest was a thousand pounds to a Miss Haut.
Mr. Haynes was also one of she residuary legatees. That
will had never been executed.
lieamination resumed—On perusing the draft I drew
Mrs. Carmine. attention to the fact that her children
were not named in it, and to the large I. gaeies left to Mr.
Robert II ix nes and his family ; and I asaed her whether
such had leen her intention ? She said certainly not, and
that they 111.1 bad it all their own way. I told her she
might 111.11, another will. She told me thst she would re.
yoke all the legacies to the Hayman but she said Miss
Hunt was an old acquaintance. 4 hen I mentioned her
children to her, she exela:uted, Oh, do not say anything
about than !" and bec.une much excited. She said she
would leave her property to any one who had been kind
to her. I could not at that time take any instructions for a
will, for she was not in a fit condition to give me any.
She spoke to me about an advance front the Court of
Chancery, as she was in difficulties, and had not sufficient
to pay her serveate, or even her milkman.
Mrs. Cumming—That was coming to the point at one..
Examitiatiou continued—l went down to the accountant-
genemr. riteke, and found there was no money forthcoming.
Oa another OCCaaiall I was called upon to witness an &im-
amate between Mn. Cumming and Sir Matthew Wyatt
relative to a house which she had taken of Sir Matthew, at
• rent of 601. a year. It was worth the money. She mid
she watit...l to take this house to get out of the way of Mr.
Robert Munn. Oa the 21th of January I had another
interview with Mr. Robert Haynes, and he said he would
band over the papers to me on payment of the balance,
which was to tweets 5011. and 600/. When I told her DM
eke started up from her seat and 'streamed out, " It's a vile
maspincy—it's a vile cousitiracy.'•
Mn. Catuming said that could not be true, because she
was in bed.
Witness generally saw her in bed, but thin was one of
611 few .xceptiona that occurred. When she had cried out
se I have said, she eat down, and appeared to be either under
the intim. nee of Mrs. Hutchinson, who was with her, or of
leasething sho had been taking. There were bottles and
staler.* on the table, and the y appeared to bare been having
bet liquor and water.
Mrs. Cumming—lt is very unmanly for a man to say
that wino he is, perhaps, in the habit of doing it himself.
(Loud laughter.)
111181.1, nation continued—When I neat Weld to Mr.. Co.
Wag', 1 sae refused admiseion, and I received a message
that Mr. It. Haynes vrou:d write to me. Shortly after-
wards I heard that the furniture was being removed from
her house, and that abs herself had been taken away to
104. Upper Stamford-stnet. That was on the 24th
of February, and on that day I received a letter aired
"Catherine Cumming," and witnessed by Kr. datekiassa.
informing me that she dill not require my liaTaillea, lOW that
she bad committed her affairs to Mr. Robert dame. Oa
the same day Mr. Haynes sent me a letter which he had
received from Mrs. Cumming, is whiffs she stated she had
Seed that Mr. Thorne had called rcki: to deliver
kir papers, awl spoostiag ( ) mot to
with the rare& la the are best Commas =-
C:kw reiderisa at thenanaor la whisk Mr.
11:l adnitel bar aides, end adineviledgel that bli:
sessnan had boa dassesy. The letter appeared
N hove Irma saleabilit wel
y a levryor's dark. I afterwards
eibed at the Dia lease nylon. whither Mn. C
hates suagesd. and by the reminisa et Mr. Liallirft,
ebtaised ea klarviow with bre. Ohs stand to ban say-
this le de with se, ellagiag that I bed deceived I
bar
whim however. If you as get re iry mosey rat
w 1 sulk to you." (Lanier.) 1 slid bar I bad ne desk
that with time I sound raise nom ea her property. I
bare c.rtaialy and theeind ea wronged bar ; and what I
have stated is sway all that bee otarrod between us.
It brag new deer Ana o'clock. &wisest Wilkins Wigged
es
a peresaal flavour that the proceedings might he nits
Jornm Salk we. the crowded state of the room, dm the
air bad beeour quite pestilential, and he felt quitewiling
ss the task et rorwassiasing the witness. His Madill.
Sib were a wend a almost to deprive him of lb*
at thisklag, sad he was arderiag from a violent hateiebss
II the aro were adasernoi till bowarrow he would ha able
to andante his esenosenbailen, aid there would ret-
inal, bee* lea eine.
ilenedesbingsallema deskeed they wore oho aragirrisl
ham the eisioesdatemenhere el the nom
The based Censelesioner said that the Mashy weld
probably he of se pearessed a obssadse. did Key bad
wood se sit till livo, bet seder the sissanelenon they had
beraeraillown.
Tke Pry roosting, the court accordingly adieurned till
Ws mynas at tea.