The Express.
London, England, 1852-01-16 00:00:00

THE COMMISSION OF LUNACY ON MRS
CUMMING.

BOOR, Ma. ComilllMMOThe examination of tiro witnesses for Mrs. Cum=
Nltt BARLOW.
ming, was resumed yesterday morning. Several witnesses
r deposed to their belief in her sanity, and spoke to the pra-
t pnety of her geueral demeanour and her geutleneas of
disposition.
Mr. Joseph Haynes examined by Mr. Southgate—l hare
been a solicitor for 12 years, and am brother to Mr. R.
Haynes, who has been mentioned in the case. I first be-
came acquainted with Mrs. Cumming on the 4th of
November, 184 G. I saw her at Mrs. Hutchinson's. She
told me that she had been induced to agree to a certain an
rangement en the first COUIIIIih,IOII of lunacy which she had
been advised by counsel she ought not to perform. She said
shu was informed she had more than a life interest in the
property which she assigned. In consequence of her in-
structions, I took proceedings, and called upon Messrs.
Saxon and Hooper, who had the deeds. They refused to
give up the deeds. I had a written authority from Mrs,
Cumming to proceed. [The paper was put in and
read.) She complained bitterly of the perigeution which
she had received from her family, and expressed
her determination not to Mr:, out the agreement.
Mr. Turnley, the solicitor of Measis. Ince and Hooper, at
I that time called and requested sue to use my influence with
Mrs. Cumming to induce her to curry out the agreement,
sal jeCt to such modifications as I might suggest. On
the Pith of January, 1017, I had an interview with Mrs.
Cumming. The result was that she refused to carry out
the agreement of 1810. Mr. Turnley called on me on the
3rd of February and made something like a sp. eific pro-
posal to me, which I communicated by letter to Mrs. Cum-
wing. It WAX to the effect that Mrs. Cumming should have
the sole and free use of her prop, ty, provided she entered
I into a deed of covenant to leave half of it 011 her death to
her grandchildren. Mrs. Cumming called un me two (lays
after, and said that her family had behaved so hardly to her
that she would not be coerced into any arrangement. Pro-
ceedings were taken, and the result was a verdict for Mrs.
Cumniing, who recovered the deed... A rule nisi fur a new
trial was discharged with costs in November, 1817. On the
4th of October a new proposition tor an securnm xlation
was made on the part of Mrs. lnce and Mrs. Hooper,
which I communicated to Mrs. Cumming. On the 13th
she returned an answer, entirely in her own hand-
writing, in which she repeated that the conduct of her
daughters was KI wicked that she would consent to no com-
promise, and begged that nu more propositions from them
might be sent to her. Proceedings were subsequently
commenced in Chancery by Messrs. lime and Hooper, but
they were allowed to tall through. At the request of Mrs.
Cumming I event to put in an answer to a bill, but I found
that no bill was tiled. In July, 1848, a bill was filed by
Mr. llooper alone. A decree was made by consent. It
was a part of that decree that Mrs. Cumming should have
armlet of mousy which was lodged in court by the South
Wales Railway. In June, 1817, Mn. CUIIIIIIIIIg spoke to
me on the subject of her will. She spoke of certain legacies
which she wished to leave. I resolved nut to make the will
without receiviug her written instructions. On the 7th of
June I received a letter containing instructions in the
handwriting of my brother, but the letter was signed by
Mrs. Cuuniug. 'fire letter was dated the 3rd sal Juno,
' but not received till the 7th. It directed that
the will should be made us moon as possible.
It named Mr. It. Haynes and Mr. Stephen Hutchinson the
executors. After directing till-al to sell her freehold end
copyhuld property, she made the following bequests: To
Mrs. Hutchinson, 1,0001.; Stephen llutchiuson, her son,
3001.; Joseph Hutchinson, another son, 5001.; Theresa
Hutchinson, 2001. • Miss Mary Hunt, of Bond-street, 1,0(511.;
Mr. F. Ferrer, 40411. ; Mr. Ireine, 4001.; Mrs. Cooke, 5001.;
"Mr. It. Ilaynea, 2,0J0/.' as a mark of her great esteem;
Mrs. Sarah Haynes, his wife, 2,0001. ; Robert and Sarah.
their children, 2.51/1. each; Miss Mary Dent, 5001 ; and
Stephen Hutchinson, the eldest, 500/.; the remainder to be
divided amongst her executors. lier trinkets and jewels to
be divided between Sarah Haynes and Miss Mary hunt,
with the exception of two gold watches, which were to be given
to Mr. lt. Haynes 1 had some conversation afterwards with
her on the subject of tke will, and said I thought something
ought to be left to her grandchildren; she said I will nut leave
my family anythieg, they have treated me so badly. I said
notwithstanding that 1 think you ought to leave your
grandchildren something. She replied emphatically, " Mr.
Haynes, you are my soaker' but don't be my dictator."
I told her oil the niorucht that I would obey her instruc-
tions, but I determined with myself not to do so. I told
her that a will was of nu use whilst the party w:1.4 alive, but
that when she wee removed a great deal would be said
about her leaving so much money to Mr. It. Haynes. She
said she owed my brother a deep debt of gratitude, and
that but for him she should be then in a lunatic asylum.
On the 31st of July, 1818, Mrs. Cumming sent for me. I
called. She gave me verbal directions to make certain
alterations in the will. I made the alterations with a
pencil in her presence, and returned the corrected draft of
the will on Cite 4th of August. The alterations consisted
in leaving Mr. It. navies sole residuary legatee, instead of
Mr. Haynes and Mr. S. Hutchinson. Mrs. Cooke's name
was also struck out. Nothing further that I am aware of
has been done with regard to the will.
Crass-examined by Sir I'. Thesiger—l was introduced to
Mrs. Cumming by my brother. Ile was present when Mrs.
Cumming expressed her determination not to carry out the
agreement. The sales of these properties were effected by
the firm of Messrs. Carman and llaynes. One to the South
Wales Company fur 2,0001., of which 5601. was paid into
court; another to the Newport Waterworks fur 7501.,
and another to Mr. Gerfing fur 8501. Wu ceased to be soli-
citors to Mrs. Cumming before the 5001. could be got out
of court. Robinson and Haynes (Robert) became her soli-
citors after December, Mid. I paid the 7501 into Mrs.
Cumming's bankers. Sho received the 8.591. liersaf.
In 1847 I received instructions in my brother's handwrit-
ing to prepare the will. I sent them to counsel. I heard
of a will that was cancelled, but I did not prepare it, nor
did I sec it. When she gave me the instructions fur the
alterations. I knew there was a coolness between Mrs.
Cumming and Mr. Hutchinson. I determined that the
will should not be executed but in the presence of her
medical man. She never applied to have the will exe-
cuted. It was never engrossed. There was a sale of some
houses by my brother to Mrs. Cumming, in 1818. The
deed in the matter was not stamped till January, 1051.
It was not stamped in consequence of the expected altera-
tion atlas stamp duties. A second deed was therefore co-
grossed.—Adjourned to 10 o'clock this day.

IRELAND.

DUBLIN, JAN. Li..

The following extraordinary statement' appears in
the Ciork Cuitatitutiwt. However improbable it may
be, rumours coming from sundry quarters tend to
confirm it :

" A large French vessel is now at Queenstown taking in
powder (200 tons it is said) for—if rumour be correct—the
}Catlin ! Her Custom-house ' clearance' is Coast of
Africa,' and she has on board, we understand, 5,000 long
range muskets, to be employed in giving effect to the pow-
der. This is the statement—we cannot of course guarantee
it; but it is very generally believed, and the fact is pointed
to as one of the advantages we derive (coin the repeal of the
navigation laws. Notwithstanding, however, the benefit
conferred on foreigners by our ' liberal' legislation, might
not this vessel be seized in the harbour if her cargo could be
proved to be for the purpose to which we have alluded ?
Yet where would be the use ? Powder the Kollin, will get,
and might we not as well have the profit on its manufac-
ture? Previous to the war they obtained rather large sup-
plies of it from this ; and we doubt not that it is with it,
and with those capital ' long ranges,' with which it is Bri-
tain's misfortune to find even the must uncivilised of her
foes ready to overmatch her miserable muskets, they have
been picking down our officers and troops."
The tenant-right question is on its legs again, an
effort being found necessary to give an impetus to tho
bill about to be introduced by Mr. Sharman Crawford
at the commencement of the session. A public meet-
. .. . . . •

ing of the Tenant League was held last night in tho
Mechanics Institute, and was numerously attended,
the chair being taken by Mr. Patrick Later, of Tin-
nakil, and the usual quantity of eloquence being dis-
pensed by the Rev. Mr. Quaid, of Callaghan's Mills;
the Itev. Mr. Dwyer, of Tipperary ; Mr. J. F.
Maguire, of Cork, Archdeacon Fitzgerald, of
Limerick, &c. The following resolution, proposed
by Mr. Maguire, was carried with applause :
That we reprobate and condemn, in the strongest man-
ner and with the deepest abhorrence, every form of agrarian
outrage, as violating the law of God, destructive to the best
interests of society, and creating one of the greatest obsta-
cles to the settlement of the tenant cause on just and
equitable principles—but that while we thus express our
deep condemnation of these criminal proceedings, we can-
not disguise from ourselves the conviction that in the unset-.
tied and inequitable condition of the land laws is to bo.
found the original source of those misdeeds which for gene-.
rations have defiled the land with blood, and which nV
amount of penal severity has ever been able to extirpate.
A resolution, calling on the country for a supply of
funds, was also adopted.
The Newry Telegraph received this morning beings
an account of a murderous assault made on Me nday
night on a person named John Brady, an assistant
bailiff employed under tho Earl of Charleiniyar, As
the unfortunate man was returning to his residence
near Camla, in the county of Armagh, hr: was set
upon by three ruffians, who beat him so W mert fu II y
with bludgeons that his life was despairr d of. Two
men suspected of being parties in the outrage were
arrested on the following day. The sarae paper states
that a threatening notice has been served on John
henry Porter, Esq., the agent to the I Hike of Man-
chester, the cause a.ssigned for this being that a pro-
cess of ejectment has been resorted to maitist one of
the duke's tenantry, in consequence of MS being in
arrears for six years' rent.
The Itiberma, Chester and Ihd.chead Railway
steamer, yestenitti tsmveyed (tont Dublin a number
of goverunient emigrants far South Australia. 'they
belonged to a respectable, class of small farmers.

Lotto STANLEY.— -lord Stanloy, who has been
amonvo us upward+ of a month, left by the Rteamer of the
Ist, for Calcutta. made as much WWI of his importuni-
ties for 01”ervation ars was pussibh,, visiting shut, ver was
deserving of attention, and making a abort excursion
into the 'interior, as tar as Mysore.—Modrns At/ewrons,
Dec. 13.