Star. — London, England, 1824-12-22 00:00:00

MICR 0P PitoMISE op.MARRIAOL MISS *OOTZ O. gAirtlit. (onstitutedfreas the ekes if yesterday.) Maria Foote, examined by MT. Guanav—l am the bother of the plaintiff, Maria Foote, and live in Kee s pel-street with my daughter. I first saw Mr. HayneS the defendant, in June, 1823, when he came to the house for the purpose of engaging a box at my daughter's be. refit at Covent-garden; she had no acquaintance with Mr. Rayne previous to that day. I had seen Mr. Hayne about six or seven times before the month of January in the present year. In that month he called, and I s aw him ; he expressed a desire to pay his addresses to my daughter, and wished for an iaterview with he 4 u pon Which I informed him of the existing engagement between my daughter and Colonel Berkeley. He said he had no opinion that Colonel Berkeley would ever marry my daughter, and he should still hope to be allowed to pay his addresses to her. Mr. Hayne, urged that he hoped to be permitted to address my daughter, when the engagement between her and Colonel Berkeley was terminated. I said that un til that was over, no correspondence, or the least intimacy should be permitted to take place between them. •On the next day, a letter was received by my husband from Mr. Hayne, stating that he approved of the proposal of Mr , . Foote to abstain ft orn paying his addresses to Miss Foote until the result of her en gagement with Colonel Berkeley should be known. On the 7th of February.lB24, I received a letter from Mr. Hayne, requesting that I would procure him a lock o f my daughter's hair. I wrote an answer to that letter. My daughter communicated to me, in Novem ber, her intention of renouncing her connection with Colonel Be: keley if he would not marry her in the en suing summer. All communication cease) between them in June last. On the 28th of June, Mr. Ilayne came to my house in Keppel-street, and pt oposed mar riage to my daughter in my presence, and said if she would accept his offer she would make him the hap piest mari in the world. Three letters were received by my husband from' Mr. Hayne previous to the in terview, in which the defendant expressed a wish that he should in June have an opportunity of paying • his addresses to my daughter.—When the defendant came to my house on the 28th Jane, an appointment was made to go to the Opera. My husband, my claogh• ter, and I went to the Opera, where we met the defen dant; as we wet esitting in the box, Mr. Masse, a friend of Colonel Bet keley came into the box, and said to Mr. Mayne, a friend wishes to speak to you; Mr. Hayne left the box, and having shortly afterwards returned, he told me that Colonel Berkeley was the Gentleman who wanted to speak to him, and that they had made an appointment to meet the next day' at four o'clock. On the evening of the next day my daughter received a letter from Mr. Hayne, dated June 30, 1824, in which Mr. Hayne declined all further communication with ;bliss Foote. On the Monday week following my daugh ter wrote a letter in answer to that letter from Mr. Hayne, soliciting an interview, in order to explain her conduct. Mr. Rayne then wrote to Miss Foote, appointing to meet her at Marlborough. In pursuance of the last letter, I and my daughter met Mr. Rayne at Marl borough on the sth of July, when he told me that Colonel Bet keley had informed him of the connection between him and my daughter, and that the conse quence of that connection was two daughters; Mr. Hayne also stated, that Colonel Bet keley requested Mr. Best, who had accompanied Mr. Rayne, to go into a private room with him; that Mr. Best consented to this, and having remained in that room about three quarters of a hour, they came out, and Mr. Best said to Colonel Berkeley, "Am I at liberty to state to Mr. Hayne what you have told me?"— that Colonel Berkeley Said, " Yes," and then Mr. Best related the circum stances of my daughter's connection with Col. Berkeley. Before he went away, my daughter told him that she had not intended to conceal from him her connection with Colonel Berkeley, and sheaved him letters from Colonel Berkeley, promising her marriage up to Christmas last. it was intended that I should have told Mr. Hayne about the children immediately on his return from the country or by lettir. My daughter shortly afterwards received a letter, dated July 9, 1824, from Mr. Hayne, urging the propriety of her giving up the children to Col. Berkeley. My daughter and Colonel Berkeley entered into the bond executed on the 26th July, by which Miss Foote relin quished all controul over the children she had by Colonel Berkeley, and which were designated in the deed as " Emily Forbes and Rosalind Forbes," born on the 9th of April, 1821, and the 9th of June, 1824. When Mr. Hay r,e called at my house, on the 27th of July, my daughter apprised him of the termination of the connec tion between her and Colonel Berkeley. Mr. Hayne proposed marriage to my daughter, and she ultimately Accepted his offer. My daughter is 26 years of age; Air. H. is, I believe, 23.—The remainder of this Lady's evidence, together with several letters from the defend ant to the plaintiff, from the 28th of July to the 26th cf September, 1821, which were put in and read, cor roborated the statement of the Attorney-General, given in the STAR of yesterday. Cross-examined by Mr. ecaaLETT—My daughter completed her 26th year in last June ; she has been at Covent Garden for ten years. Mr. Foote was once the manager of a country theatre ; he was a partner in a country theatre ; he conducted a theatre at Plymouth, where we had a house, for 16 or 17 years. My daugh ter first appeared on the Stage at Plymouth. We went to Exeter from Plymouth ; we had an hotel at Exeter. My husband is an uncertificated bankrupt. My hus band has never borrowed any money on his own account from Colonel Bet keley. Mr. Foote went down to Mr. Hayne's house in Staffordshire. There appeared to be a great friendship on the part of Mr. Hayne. 1 heard be was a young man of property, but I did not know that he was extravagant. Mr. Hayne made Mr. F. a present of a gun. In 1823, a servant of Mr. Hayne, we understood, was going to France, and my daugh ter gave an order to him to purchase a lace veil for her, for which she was to pay; it was not an extrava gant veil. There was also an order for some kid gloves. I swear that I was not aware that it was stated to Mr. Ilayne that my daughter's absence was occasioned by a ; ulmonary complaint, which rendered her unable to stand the heat of the Theatre. No. 31, Henrietta-street, C f .lveat-Garden, was taken for me by my daughter. That house was taken for the purpose of bringing up my daughter's child, which passed there under the. name of Forbes. It was our object to keep the fact of that child being my daughter's a secret. My daughter never re- 1 ceived any present from Mr. Hayne except a shawl un til after she was engaged to him. She did receive pre sents afterwards; I had thein valued; they are worth between 8001. to 10001. exclusive of the shawl. Before 1 went to Marlborough, l concluded this Gentleman was tached to my daughter, AS be made her an offer of , . ~~. MIN NMI I{Yrt dH ~~. is /• I - .A _ r' . Amine. Mr. " Hari!, trnaublitely upon ostr arrival in' town lifter my daughter's confinement, called at my house in-Keppel-street ; my daughter kept copies of all her letters to Mr. Hayne; I saw and approved of the copies before the letters were sent; but I don't think my husband ever saw any of them. I wished to have the -.defendant's offer in writing, lest after .the match bad been sante broken off it might be supposed that my daughter was receiving the visits of a man who did not intend to marry her. Mr. Hayne came of age in Sep.' tember, 1823 ; my daughter never but once went to Berkeley Castle without me or my husband, and some times a Lady accompanied as; my daughter, Mr. Foote, and myself spent a fortnight at Berkeley Castle in Fe., bruary last ; we were there at Christmas, 1823, and also in September, 1823 ; I knew of my daughter's preg nancy in February, 1823 ; i iier first child was born in April, 1821. Mr. G. IL Robins examined by Mr. PLATT—I know Mr. Hayne, and remember his calling at my office to see Mr. gill on the subject of a settleMent upon his marriage with Miss Foote. Mr. Hayne gave me in uctions. He told me he had a large property in the West Indies, but he would prefer havir the settlement in the English Funds. He said there had been 187,001. in the Conic of Chancery, and that the Lord Chancellor had given him 100,0001. during the last year. He said the annual produce of the West India property was about 4,0001. a year. He then asked me what settle. ment he ought to make on Miss Foote ? I told. him I could not presume to tell him, bin I was sure he would act liberally. He talked of 40,0001. and I said I thought it was exceedingly liberal. Mr. Gill then sug gested the necessity of a provision for Miss Foote in case of his death. He named 20,0001. He spoke of Colonel Berkeley's seduction in very strong terms ; but added, it had not at all altered his . mind, and he was quite sure Miss Foote's mind was uncorrupted. His intended marriage appeared in the Paper of that day, and he complained that his name was badly spelled. I was invited to the wedding, which was to take place on the 6th of September ; 1 attended to witness the wedding ; Miss Foote was only in a plain white dress, but Mr. Hayne did not appear. Cross-examined—The interview I. speak of was, the first I had with Mr. Hayne. When the settlement was completed, the money was to be transferred, in Novem ber, it being in the Court of Chancery, and could not be before that time. I did not ask Ms. Hayne what he did with his money ; it was my first acquaintance with him. Mr. Sca ILLICIT—Did you ask Mr. Hayne what title be had to this money in the Court of Chancery? Mr. Robins—lt is not my habit to ask a Gentleman impertinent toes ions the first time I see him !—(A laugh). Cross-examination continued—Miss Foote told me Mr. Hayne wished to have his intended marriage in the newspapers, and at her request I put it in. Mr. Gill examined—l attended at Mr. Robins's to pre pare a draft of a settlement in a marriage in the u ual way. Mr. Hayne appointed me to call at 28, Upper- Grosvenor -street, on the next Friday, and I punctually waited on him. Mr. William Carter, his then attorney,- was with him. I delivered the draft, which was returned at half past eleven o'clock that night. No alteration was made in the draft when it was returned. I was to 4:see:at tended again on the 27th of September, but Mr. Hayne did not make his appearance. I have the di*. I*- tended about the 28th September to retain ' Mr. Sr*-, lett for Miss Foote. i Witness cross-examined.—Mr. riayne had no pro fessional assistance at the house of Mr Robins. I know Mr. Foote is here, though I have not seen him. A. pro • posal was made by me, on Miss Foote's authority, to have the £ll5O deposited as a security in this cause.— The proposal is in writing. Mr Hayne requested me to, insert the name of Mr. Best as a trustee. There were clauses in the deed of settlement of bar of dower. Robert Pain examined—l am a clerk at the Morning Ant Of On the 16th of October a paragraph from Mr. Mayne ap peared in that Paper. Thomas Roden deposed to the same paragraph having been in serted in the Morning Herald. Here the case for the plaintiff closed. Mrs. Foote called by Mr. Scaacerr—A bundle of letters was put into her bands, which she admitted to be in the handwriting of her husband. Mr. licarticrr— Before I proceed to address the Jury, I must say, that have many witnesses to examine, and many letters to read, which will occupy a very considerable time. The LORD Caw Jessur—l think we cau get through the case to-night. Mr. SCA RUM', for the defence, said, he did not con gratulate himself upon the situation in which he was placed, for he felt that he had a public prejudice to contend against. Miss Foote was full of beauty and fascination, and, it might easily be judged, would have the public voice in her favour. It was no easy matter to come unprejudiced to the consideration of the case, when a deserving Actress was a party, and when it -% as recollected how often she had afforded the most gratify ing entertainment. He would do all parties the justice to remark,that this case had been got up with consider able skill—the Lady had kept copies of all her letters, whereas the probability was, that this young man, who had, in the space of eight months, run through the sum of 100,0001. had not kept a single copy of a letter. —His Learned Friend had the advantage of bins in one respect. He was, as lawyers say, better instructed. He had introduced to the Gentlemen of the Jury the Lady, in terms which, though not justificatort of her conduct, yet palliated it to such a degree, that it was impossible to feel other than compassion for her misfortunes. In fact, if her fascinating charms and bewitching attrac tions had been united with chastity and virtue, his Learned Friend could not have dwelt more upon them. Did the Gentlemen of the Jury observe how much of that address animadverted on the conduct of Colonel Berkeley? Indeed, at one period of the Attorney-Ge neral's speech, he almost doubted whether he was Coun sel for Mr. Hayne, or whether he was called upon to act as such for Colonel Berkeley. Mrs. Foote had stated that her daughter had been seduced by Colonel Berke ley under a promise of marriage—that she had borne him two children—that she had a written promise of marriage from him ; and that-if all this was true, how was it that she abandoned her action against him, and proceeded against a foolish young man, of 22 years of age? If Miss Foote were really desirous of pecu niary compensation, she might have selected a better victim than Mr. Hayne; burthere were some people who seemed as if they had been born - only to be plundered by others, and of these Mr. Hayne was one. The whole case proves him to be a victim, but it was quite new to invite the Judge and the Jury to assist at the pillage. In the verdict which they would give, he trusted they would estimate the damages not by his folly, but by her deserts—that they would hot give one farthing more to her, than to one ,who' had •neither fame nor popularity to depend upon. The faits of the case Were - these: 'The conduct of Mr. Hayne was• in consistent and ridiculous enough, but he was evidently the victim of the designing and seductive arts of Miss . . . Foote front their first interview, Mr. Foote iiereeivett that Mr. Rayne was a proper gull to practise upon akhough he had a private box in Drerys-Lane, it was' likely enongh that he had never even heard of Colonel Berkeley ; Miss Foote, it appeared, had consider able experience of mankind as well as womankind. Daring her visit to Berkeley Castle and Tunbridge Wells, Mr. Hayne was amused by letters from her father, which represented that she was labouring under some inci. pient symptoms of consumption, and that country air had been prescribed for her by her physicians, while in reality she only left town in order to be confined. • (Mr. Swum read a variety of letters from Mr. Foote to the above effect.) —Mr. Foote war not placed in the witness box, and he would be glad to know the reason for his being kept in the back ground? What if Mr. Foote could tell more about his daughter than had yet been elicited? he was her agent, and who was it that wrote the leo , Lets he had just read ? Wiry, Mr. Foote, the man who had accompanied her to Berkeley Castle when she was with child, and who had gone a visiting with her to her country cousins, at Tunbridge, and who had got the sum of 1,1001. out of his dupe, in older to purchase a Paymastership in the Guards. This Lady arrived in town on the 24th, the bargain was struck on the 28th, on the 29th they went to the Opera, and he wished to know if it was credible, that she meant to communicate to him the nature of her connection with Colonel Berkeley ? The mother said so, but he must confess that he did not believe her. At all events, it WAS evident that she did not mean to disclose it until the fascination of her charms had so rivetted his affec tion that she might be fearless of the consequences Miss Foote well knew what would be the probable effect of an interview when aided by her charms, and she resolved to hazard the experiment, and accordingly she wrote to say, that she would meet him at Marl borough, or anywhere else that might meet his wishes. It was very strange, that in all Mr. Hayne's letters there was not one strong expression of attachment ; but on the part of the Lady the most ardent feelings were poured forth ; and then, when she wished to throw out fresh bait, she tried an experiment on his feelings, and drops the correspondence for a week: this was very skilful. Here the consummate actress was displayed. For aught he knew, she had been pet forming Juliet in the country to her mother's Romeo—(a laugh); he beg ged pardon, he meant her father's Romeo. Out, even in the ant,• perhaps he would not be quite wrong ; for now-a-daya the Ladies undertook to fill the characters formerly assigned to Gentlemen ! However, he was sure that conning over lessons of virtue in the Theatre *es not the best system of morality ; for, however sub lime those splendid creations which have immortalized our great dramatist, there was no man who beard him, who believed that the study of Juliet was the best com mencement of a young Lade's education. Consummate skill there appeared in this woman's conduct. She was an actress, and of tainted reputation in private life. All that she sought.vias a position in a pecuniary point of view to make her comfortable for life. In January she made a- conditional bargain which no man of . . spurn would listen tp—that if she could not do better with Colonel Berkeley she would marry him.— But if anything ought to have deterred him from an union with her, it ought to be the fact that she had givers pp her children to Colonel Berkeley without even. stipulating that she should ever see them more. Had k been his case, he would have turned from her as from an unnatural mother, and never seen her more. He begged to state, that whatever might be the verdict in.the present action, her popularity would still remain unimpaired as an actress, and she would, on the next occasion, have the best benefit she ever had in her life. One remark he could not help making, which was, that her Solicitor had very modestly proposed, that if Mr. Hayne would suffer her father to appear as_a wit ness on the present occasion without proceeding against him, the 11001. should be paid out of whatever da mages might be given her. For his own part, be did not believe that Colonel Berkeley bad ever promised her marriage, for he would have performed his promise, or else an action would have been in that case com menced against him, But he repeated, he did not believe it, for the reason assigned fin delay was futile, that of the Colonel's expected restoration to the Peerage. Mr. Scarlett entreated the Jury to look at the case as it deserved, as entirely a question of pounds, shillings, and pence, which, iu fact, seemed to be the original object of the parties who now called upon the Jury to assist in cutting up the victim. He trusted the Jury would consider this case as any other, in which a woman appeared before them whose character had been blasted, whose fime had been tarnished, and whose honour had been letrayed by father and mother. Under all the circumstances, he was sure they would consider it a case which did not demand damages at the hands of any Jury. The following. evidence was then called: Mr. Mercati examined—l am acquainted with all parties. I know Mr. Hayne's mother extremely well ; she was in town in September last. I was present at the interview between her and her son. I was never pre- Sent at anyvepresentation made by Mrs or Mrs. Foote to Mr. Hayne , of their daughter. Mr. Foote made a com munication to me respecting his daughter about three months since l it was saidthat the match was broken off. A letter was then put in and read, stating that the sum of 1,100/. given by Mr. Hayne to*Mr. Foote to purchase the situation of Paymaster in the Army, had been invested in Exchequer bills, and would be de positedat a banker's, subject to any damages or costs which might be recovered by Miss Foote in her action_ against Mr. Hayne. This was the case for the defendant. Mr. ATTORNEY-GENERAL replied. He relied prin cipally on two points : first, that the statement of Miss Foote having been seducedby Colonel Berkeley under a promise of marriage was now to be taken as true; because, if false, the defendant's Counsel might have called Colonel Berkeley to deny it if he could ; and next, that Mr. Hayne had ratified his promise of mar riage over and over again after he had been informed of the consequence of her connection with the Colonel. For the breach of that promise, in the creel, mortifying, and scandalous manner in which it had been broken, he called upon the Jury to give his unfortunate and much'-iajiared client a suitable compensation in damages. Lord Chief Jistice Aaisorr rose at eight o'clock to sum up the evidence to the Jury. Re requested them to consider, at the outset, that they were, in such a case as this, to estimate the amount of 'damages, not upon the statement of Learned Coupsel at either side, but upon a calm and deliberate investigation of the facts which were in evidence before them. The cause had already ociupied ten hours, and he hardly thought it necessary to read the evidence to them 'in' the detailed form in whiCh it had been already given, being convinced that they preserved the leading facts in their minds. Tbe ji • • stibjec inaltek foi diet* bliiiithottisi &Alia into four points of time. nit grit wit that which commenced in muse, iris, 4.4% the dafendint hid applied for tickets for the plahltirsabefit ; some id= terviews • followed that applicatlist, and it was that clear that Alin Note could not have serious!) , conteml plated a marriage with Mr. Haync, for at the time she was evidently Maintaining an intercourse with Colonel Berkeley. The second point of time was that which commenced in January, 1824, when Mr. Hayise re newed his acquaintance, and made a formal pioposal. of marline. They would recollect that at that very time Miss Foote was pregnant; and they would see how far her mother's testimony was deserving credit, when she assigned, together with the other Members of her family, as the reason for not encouraging Mr. Hayne's proposals, that Miss Foote was Obliged to wait until the end of the Covent-garden season, to see if Colonel Berkeley would redeem the pledge he was re pi esente I to have given to this Lady; they would judge whether the reason assigned was the real one, or whe ther, on the contrary, it was deemed advisable to dis guise the fact of her pregnancy at the time, and wait until after the bitth of the child in the Month of May —a time closely approximating to that when she thea trical season o as expected to close, and whet she could be expected to have recovered from the indisposition caused by her pregnancy. So far, supposing that they thought it was intended to disguise the pregnancy, there would be a charge of misrepresentation brought home to Miss Foote's family. The third point of time in the case was that in the Month . of June following, when Mr. Hayne renewed his proposal of marriage, and had it •at cepted, on the ground that the time had arrived when Col.Bei ke.ey's pledge was either to be redeemed or aban doned, and when the defendant had accompanied Miss Foote and her family to the Opera, where he was sent for by Colonel Berkeley, and in the end had announced to Miss Foote, that be was ender the necessity of breaking off all further acquaintance with her. So fat, continued his Lordship, all appeared to have been right on the part of Mr. Hayne and Wise had never resented the acquaintance, and repeated the promise of marriage, the Court would have been bound to have told the Jury, that any man so placed Would have been justified in breaking off the acquaintance. It could not be endured, that a man should be held botind to mart y a Lady. by virtue of a promise made antecedent to a discovery that the Lady had had two childien by another Gentleman. It was quite clear that if the Lady meant to have acted honourably towards a Gentleman coming forward With. matrimonial proposals, she was bound to have disclosed to him, before she,accepted his over, the particulars of her previous situation. Where the defendant, however, had committed himself, was in the renewal of the inter.'. course,after hebecame in possession oftheLad y's situation; was still not correct to say; that the defendant ba c e on all these occasions pressed the revival Of the a t .. quaintance, for Miss Foote had done that hersel f ' she had done it by the letter of the 4th 9f July, which she sought the interview at Marlborough. The last point of time in the case was in the month of September last, when, after the execution of the bond with Colonel Berkeley, respecting the future e . u.tody of the children, she received Mr. Hay ne's' proposal, and the day of marriage was then fixed fur the 6th of September . ; the preparations for the ceoniony were all made, the settlement engrossed. but the promise not kept on the day of the intended marriage; al though made with a full knowledge of the Lady's previous situation. The defendant, by law, was re sponsible for a breach of promise so given, and the plaintiff was so far entitled to compensation. Notwith standing the absence of Mr. Hayne on the day he had appointed for the marriage, a second appointment (re newed, indeed, by ;he plaintiff herself by het letter of the 11th of September) was made, and the 28th or 29th of September was fixed for the nuptials. The day ar rived, but. Mr. Hayne was again misting; he Was re proached for this fresh breach of his promise, and he ,retorted upon the Lady in a letter . sshich was certainly not penned in the style of those letters written to him by the Lady herself, and which ought to have protected her from a spit it of angry retort. The final breaking off then took place, and as pro bably occasioned by the perseverins dislike of the defendant's family to the proposed contiexioi. How ever, be that as it may, he had incurred a legal responsibility throughout the latter putt of his i 'ter course with the plaintiff The defendant had eel re presented as a very young man of great eea th, his presents to the Lady had been liberal, and were by her valued at 8001. or 1,000/. and he. had . also bee.s liberal in a loan to her father. The Jury were called upon to say, from a calm and dispassionate review of the whole case, what damages the plaintiff ought to receive by way of compensation for the injury she had sustained. They ought not to overlook her previous situation, and the probable effect it was likely to have against her ma trimonial prospects. It was likewise extraordinary, if what they had beard were true, that the promise of marriage made by Colonel Berkeley should nut have been prosecuted as well as this. The question of da mages, however, was oae exclusively for the considera tion of the Jury, and with them he would leave it, alter merely recommending a temperate, and, at the same time, a just estimate. The Jury retired to consider of their verdict, and were absent about ten minutes. On again entering the Court, they returned a verdict for the plaintiff.Dao mages THREE THOUSAND POUNDS. The announcement of the verdict was received with great applause, mixed with a few hisses, by the persons who crowded the Court in every part. The following Gentlemen were the Special Jurors in this case Richard Hitchcock, Esq. Charles Millington, Esq. George F. Phinn ' Esq. William Slaughter, Esq. Henry Dixon, Rig. Thomas Tead,Rsq. James Rogers, Esq. John Gilmore, Esq. Henry Beck with, Esq. Samuel Harding, Req. Thomas Coomer, Esq. William Kensett, Req. THE LETTERS PRODUCED IN EVIDENCE BY THE PLAINTIFFS COUNSEL IN THE CASE OF FOOTE HAYNE. On the 30th December, 1823, Mr. Foote, who was then in London, received the following letter from Mr. /Lune: No. I. (Post mark, Dec. 304 Mr DIAZ FOSTI—I do hope you will not prolong your stay in town longer than is necessary for you to accomplish your view*, as I this morning received a letter from Burnaby, who dines here to day, with his friend Colonel Holmes. I hay,. my reasons cur wish ing you to meet them, which, when you return, I will Acquaist you with. When you write to your lovely daughter, rentumber me most kindly to her, and believe me to remain—as ever, your sin. we Friend, J. Sunday morning. P.S.—By the bye, call at Joe Manton's, and tell him not to lose any time with the completion of your gun. No. II.—FROM'MR. HAYNE TO MR. FOOT& MT Dsas Foovs—l wish you to understand that I approve of the plan adopted by Mrs. F. and shall be anzioualy looking forward to the period. 1111 t h ea you will see the propriety of out ►alpd IFIt ; w=rmiMMO , • t 4 •