The Express.
London, England, 1852-01-12 00:00:00

COMMISSION OF LUNACY.

The inquiry into the state of the mind of Dire.CatherineCumming was resumed on Saturday before Mr.
Commissioner Barlow, at the Eyre Anns, St. John's-wood.
The case for the promoters was conducted by Sir Fred.
Thesiger, Q.C., and Mr. Petcrsdortf ; and Mr. E. James.
Q.C., Serjcant Wilkins, and Mr. Southgate appcued
against It.
Mr. Simeon Theme, soreitor, whose examination in chief
lasted a considerable portion of the previous afternoon, wu
now cross-examined by Serjoant Wilkins. He said, when
waited on Mrs. Cumming she was always in her liedroosn—
except on one or two occasions. She was sometimes in bed
and sometimes sitting up. She was generally in her
edsht-
dress, which I thought was indelicately loose. I did not
examine the cloth upon the floor, but it appeared to me to
be a very nice tablecloth. It might have beer a r.apkiu.
know a Mr. Face—he is my brotherin-law. Mrs. Cum-
ming told me that she had applied to Mr. Face to send her
a solicitor, and I suppose that I was recommended to her
by him. She had applied to Mr. Face several months be-
fore but she had lost my address. It was no
neglect of mine. Mrs Cumming seemed to bo
in a very debilitated condition when I saw her;
she was totally without mental capacity for tho
transaction of businuis. That did not appear so prominently
on the first visit. I have not sent in any bill of costs to
Mrs. Cumming ; but 1 have made entries in my book, and
lof course expect to be paid. \Then I milled upon Mr
ltaynes I produced Mrs. Cummings written authority.
I am perfectly aware that if Mr,. Cumming was of unsound
mind her authority would be of no avail in law ; but it was
not for :no to decide evliether she was or was not, and I
chose to procure the authority. It appeared to me that
Mr. Baynes had at one time obtained complete control over
her. When I called upon her, on the 4th of February, and
was refused admittance, the woman who came to the door
said Mrs. Cunning was ill. The woman appeared to be
drunk. (Laughter.) I have never taken any refreshments
of any kind at Mrs. Cumming's house.

. e
Re-examined by Sir F. Thesiger—lf she had given me
instructions 1 should certainly have made her will, but I
should have consulted a medical man.
Nathaniel Webb, who hail been a surveyor at Newport
for 21 or 23 years, and knew the whole of Mrs. Cumming 's
property, said it consisted chiefly of land, as most of the
buildings were down. The property had been going to
decay for years, and was in a most dilapidated state. There
was a farm, calleil the Blackbird's Nest, which was well
managed ; but as for the rest, witness had never sees farms
like them in his life. They were the finest hunting ground
in the kingdom for a lady. She would not have to take •
servant with her to open the gates, arid she could walk
through the fences. (Laughter) A piece of land had bees
sold to Sir Charles Morgan for 2,1401. • but it was admir
ably adapted for building purposes, andw as worth, at least
12,0001. The highest rent Mrs. Cumming obtained for her
land was 235. per acre, and must of it only let for 20s.
Catherine Elisabeth Ince—l am the youngest daughter
of Mrs. Cumming. I have a sister (Mrs. Hooper), and we
are the only children of my mother. I married Mr. Ince in
the year 1833. The marriage was with the entire approba-
tion of my parents. I was then living on the best
terms with my mother, and I continued to do
so for twelve months after tho wedding. I re-
member the marriage of my sister to Mr. blooper. Pre-
vious to his marriage he bad an appointment in the cus-
toms, and had a very comfortably furnished house. The
match was not with the approbation of the family. I was
as much opposed to it as any one. Three years afterwards,
however, my mother was reconciled to my sister at the
birth of her eldest daughter (the second child). My mother
said that that should be a peacemaker between them.
From that time my mother was affectionate with
her, but then she was not with me. She was
scarcely ever afterwards or. goad terms with both of us at
once, except on one or two occasions. In the second or third
year of my marrisge I observed a change in her manner.
She would make much of trifles, but we teased it by. My
sister was married in October, 1836. For some time after
my own marriage my husband was on good terms with my
, mother. We dined with her every Sunday as a matter of
course, and on any other day we liked. After the recon-
ciliation with my sister, in 1839, Mr. and Mrs. Hooper were
asked to stay with her, and she appeared to be on effection-
, ate terms with them. She was then very much altered.
i She was strange in her manners and conversation. Before
my marriage my mother managed her own property with-
out any assistance from my father (except his confidence),
and her conversation was quite correct. In 1838 I went to
dine with her, but I arrived at her house ten minutes after
the time (3 o'clock), and she told me that if I could
not come at her hours I might stay away. I said I would
go away if my presence was not agreeable, and she let me
depart, although the cloth was not laid, and uo prepara-
tions made for dinner. I thought that was very strange,
indeed ; for her affection for me up to then had been un-
bounded. She seemed to expect one sister to gay something
against the other ; and then she seemed to forget all about
it. I did not go near her for some time after this, but my
reason was solely because my presence seemed to excite
and annoy her. I never behaved to her any other than as
an affectionate daughter ought to have done. la 1S IG my
father was very infirm, and ho died in the July of that
year at the age of 89. He was very feeble, but not more
than might have been expected, considering his age. His
mental faculties were quite perfect. I heard and saw a
great deal of my mother's conduct towards biro. My hus-
band used to send him things which he could not
' procure at home. lie used to send him brandy
, in bottles as physic. My father came to our
house fur refuge. I was summoned home ono
' day, and he had come there in great alarm. I remember
my mother being removed to York House Asylum. That
was done at the instance of my father; for we should not
have presumed to have done it while he was livinet lam
convinced that that proceeding was right. We continued
the commission until it was stopped by an arrangement.
That arrangement was repudiated immediately afterwards.
The inquiry took place at the Horns Tavern, Kennington,
and she was removed to Mr. Hutchinson's house at tho
' London and Vauxhall Gas Company's. My sister and I
called at Mr. Hutchinson's and he refused to give us any
information respecting my mother. That could not have
been long after the arrangement had been entered
into. An action was afterwards brought in my mother's
name to recover the deeds, and they were obtained
in that way from the solicitor who held them.
After some time we found that my mother was at Gothic
Villa, St. John's-wood. I had made many attempts to find
' out where she was, but could not discover for nearly three
years. When I heard that she was at St. John's-wood my
sister and I went to see her. We sent in our names, and a
' message was brought back to the effect that if we did not
instantly quit the door a policeman would be sent for. I
called afterwards, and found that she had left St. John's-
wood. My sister and I had often called and hail always
been refused admission. From St. John's-wood we could
not trace her any further until Mrs. Hickie came to my
house at the desire of Sir Matthew Wyatt. I sent for my
husband, and he went to the house, but she had then left.
Afterwards we learned, I think irons Mrs. !fickle, that my
mother was at Mr. Hutchinson's, in Upper Stamford-street.
My husband's assistant accompanied me thither, but Mr.
Hutchinson would not allow me to enter. I next learned
that she was at the house of a person named Oldfield,
at No. G, Edgeware-road I have understood that Old-
field is the clerk of Mr. Robert Haynes. This was
in May last. I had heard that there had been various sales
of the property ; and I was aware of the will which my
mother had made. I asked the servant how Mrs. Cumming
was ? The servant replied that she was not there, but I
said, " Excuse me, lam perfectly certain she is," and
passed her. On the stairs I met Mn. Oldfield, and she also
said my mother was net there. I again said I knew she
was, and opening • door I found my mother in the room.
Mrs. Oldfield came in after me, and asked me what busi-
ness I had there ? She said I was very unfeeling, and that
I had interfered with my mother's 'dinner. KT mother
said I had not. It was on the table, but my mother could
not cut it. I asked her if I should cut it for her, and eh
replied that she should be much obliged to me. Mrs. Old-
field said many insulting things to me, and stated that she
should send for Mr. Robert Haynes. When Mr. Haynes came
he said to me, " What business have you here, Mrs. Ince ?
walk out." I told him that affection and duty to my mother
brought me there, and that while she paid for those rooms
I would not go unless she ordered me. I added that if my
mother was too feeble to speak to me, and would only point
to the door, I would at once leave She replied, " No, my
child, I never will." She then turned to Mr. Robert
Haynes, and asked him what had brought him there, for
she had not sent for him. I told my mother that I wished
to conviace her that it was only affection and duty that bad
induced me to come ; that we knew perfectly well that she
had given her property to Mr. Haynes, but that if such was
her will, we had no complaint to make, provided that her
comfort was only studied while she remained in this world.
She said, "Not my will, and I hare told him so." Mr.
Haynes endeavoured to excite my mother against me b
saying that I had no affection for her, because I
had appeared as a witness against her on the last
commission. My mother said " I perfectly well cement.
her Catherine's admission of my affection for her." Mr.
Haynes stayed with me all the time I was with her, which
was about three hours. On leaving I said " I shall soon
see you again, mother ;" and she replied " Yes, and 1 hope
it will be in my own house." I said to Mr. Haynes that I
hoped her wishes would be attended to. She said no one
was to refuse me admission. I caned again on the next
day. Mrs. Oldfield opened the door. I asked her how my
mother was, and she said she was very poorly. 1 went up
into the sitting-room, and sat there half an hour, while
Mrs. Oldfield wont to my mother. I could hear her talking
at first in a persuading manner, and then in an
angry tone. Mrs. Oldtield came back and said my
mother refused to let me go in. I told her to
siebackterslthe
triediss etaordsimatndme
out
towof Hot mbyt,:inothrue,r.butt;
pored her and went in. My mother stared with asto-
nishment I then asked Mrs. Oldflold what she had told
my mother? She replied, " I suppose you have heard, and
and said, "Here
therefore I will tell you. She stated that she had asked her
iwasheknedshheerkowewhalt bad
what she should say if 1 cane ?
ilPanlorcrnyeeaiseued, come to assist me. c
haveo
come u ldimbeen
y anb y
mother sayinghor
hour,
end l.'
Ca-
therine, will you help me 1" I did so ; and Mrs. Oldfield
began to scream and stamp, at which my mother asked me
IS ardor her out of the room. She told me that she was
unkindly treated and much neglected; that she had fallen
down one night as she was going into her bedroom, and that
she found sho was left there till four o'clock the following
afternoon. I remained with be for three hours and a half.
She appeared more happy that day because wo
were perfectly alone. Mr. Robert Haynes was not there.
The next day my sister and I called again, but we were re-
fused admittance. A chain was put on the door, an • tyclp4,ll
was only partly opened to us, and a note to tho fo •
effect was put out :—" Madanic,—lt is my particular. '''• i V :o:''
--''
' that Mrs. Lace and Mrs. Hooper shall not be all ,-,, L...."
an
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