The Sun.
London, England, 1846-09-25 00:00:00

COMMISSION OF-LUNACY ON

MRS CUMMING.
EIGHTH DAY.

Wednesday morning, at ten o'clock, pursuant to ad-
journment, the special jury in the above case re-assem-
bled at the Horns Tavern, Kennington, for the purpose
of hearing the result of the conference between the Lord
Chancellor and the Learned Commissioner, F. Barlow,
Esq., and also the terms of the arrangement between
the parties.

Mrs. Cumming, as has been her custom throughout,
was almost the first to enter the room. She appeared
gay and smiling, and was evidently in high spirits. She
was accompanied by Mr. and Mrs. Hutchins, and other
friends.

Mr. James, addressing the jury, then said, that in ac-
cordance with the promise he made yesterday, he would
acquaint them with the terms of the arrangement which
had been come to between the parties. That arrange-
ment was to free the lady from all future restraint, as
well as to give due protection to the property. As to
the propriety of such course he (Mr. James) had taken
the responsibility upon himself. He knew the jury
had paid the greatest attention to this case, and he was
glad to see that they had watched it with such judicious
care; yet he felt that it was his duty to communicate
the result of the nego!iation. The beads of the
arrangement were, that Mrs. Cumming be immediately
discharged from custody, and become a perfectly free
agent ; that a died be executed vesting the property in
responsible and respectable trustees ; Mrs. Cumming to
have the sole use during her life ; after her death one-
third to revert to her daughter Mrs. Ince, or her chil-
dren, free from the control of her husband (Mr. Ince).
Another third to devolve upon Mrs. Hooper, or to her
children, also free from her husband's control ; the re-
maining third to be at the disposal of the lady herself.
The jury would be discharged from giving a verdict, and
then his Learned Friend Mr. Petersdorti and himself
would have to adopt the usual course for the superse-
deuce of the Commission. It was proposed that one of
the trustees be Mr. Hutchins, Mr. Ince and Mr. Hooper
to appoint another, and the Learned Consmissioner (if he
should approve) to appoint a third. These were the
arrangements. He did not ask for the sanction or ap-
proval of the jury. but he felt desirous that a matter in
which they had been so long engaged should not be
arranged in secrecy or mystery. He was happy to add
that he believed the course proposed would tend to heal
the differences which had prevailed between the family.
Mr. Petersdorff said that Mrs. Cumming had been
consulted, and had agreed to the arrangement, by
which lie was happy to say a large expense would be
saved, and the differences between the family speedily
terminated.

In answer to the Learned Commissioner the counsel
on both sides intimated that they retired judicially.
The Learned:CommissioNEß observed that he had now
no hesitation as to the course to be pursued. They were
bound to make up their minds, yea or nay, upon the
evidence laid befire them; but the case was now entirely
withdrawn ; and the moving power being thus removed,
they could not proceed in the case, and it was not ripe
for their judgment. But the case had been concluded,
and they eou!d return no verdict, as bith parties had re-
tired. If only one had retired they might have pro-
ceeded, but now, even if they were locked up, they
could come to no conclusion. The lady having herself
agreed, as well as all other parties, he saw no better
mode than that of discharging them without a verdict,
with thanks for the patient attention they had given to
the long inquiry.
The Court then broke up, and Mrs. Cumming, after a
short consultation with her professional advisers, retired
in the greatest spirits with her friends.
This finally concluded one of the most singular and
extraordinary inquiries, which, in its result, viz., that of
compromise, is believed to be unprecedented, as respects
all previous Commissions of Lunacy.