The Sun. — London, England, 1824-12-22 00:00:00

Aga aies; but what 'he had now related was not the whole of Mr. Ilayne's conduct; Mr. Bayne knew that the manner in which he had conducted himself had excited public odium . against him ; and he therefore, in. order to excuse himself, en deavoured to make the world believe that he had been misled. and deceived by Miss Foote and her family--that the promise, of marriage had been made by him in ignorance of Miss Foote's -connexion with Col. Iterkeley—an assertion which was wholly incorrect. He had himself published a letter in the daily papers,. alleging this as a reason f or his conduct, and justifying it by that pretence--but he would prove to the Jury that Mr. M ayn e had a letter from Miss Foote, releasing him troni any proinise or engagement made by him previous to the disclosure of the feet of her having had children by Col. Berkeley. The letter sent to different newspapers deserved the especial attention of the Jury, as marking the veracity and 'honour of Mr. Hayne, steal was in the following terms:— " It never was ley intention to have troubled the public with any circumstances which have taken place between Miss Foote and myself, had I not felt something was due to truth, in the etuttrtuiiction of those paragraphs, which made it necessary royattorney should do, in your columns of Saturday. There 1 .• had hoped the matter would have rested, until the action Miss Foote has thought proper to commence developed every thing ; but the notice taken of it in your Paper, compels me, reluct antly, to put the public in possession of facts which I think will justify my conduct, intending to leave my powers of contra dicting such statements to the proper time and place. Delicacy le the lady would almost silence me, did I not feel and know it is so little attended to by, or heeded on her part. "But to the point :-1 was not aware, when I made a propo. sal to Alias Foote, that she had ever been under the protection of her father and mother having always upheld (and I believed)ther to Le a paragon of virtue; and had not Colonel, Berkeley, in the latter end,of June last, in the presence of Jas. 'Haase, Esq.,, (as the Colonel's friend), and Thos. Best, Esq., (as my friend), owned her having had children by him, the youngest then not a month old, I should have been in igno , ranee of the facts, until too late to retrieve my happiness. If I •were to make every other circumstance public at this =mem, I. should not only be anticipating the defence 1 have at the no. -proaching trial, but might rather increase the anxiety, than ' relieve the minds of Miss Foote's friends." Al y withers are unwrung. Now a word for Mr. Foote, who, under the plea of purchasing a paymaaterehip, borrowe d sum of one thousand one hundred and fifty pounds from nie. May I ask (it' he is in this country) to what purpose it has been appropriated, being iriven to understand, that the fear of being•called upon to retain it has induced him to make a continental tour? The mention • of the above facts • out ofthe many,' will, I trust, induce the . public to suspend their further opinion until the appeal made to the Court of King's Bench is decided. And us thue in trading upon their notice, I cannot but congratulate Myself at my escape." This article, however, principally referred to the first pro from which Miss Foote absolutely released him ; but he had nothing to say after he had renewed his proposals. There was, however, one fact which spoke volumes, and , evidently showed that Mr. Bayne never bad the least in tention of merrying Miss Foote : for on the ad of Septette.. her, two days previous to the first appointment for the mar riage taking place, Mr. Hayne's solicitor called on his Coun sel, Mr. Seariett, and actually retained him as Counsel in anti . cipation of this cause; here then was a proof of conduct so infamous on the part of Mr. Ilayne, that no term of reproach was strong enough to designate it. The Learned Counsel now / proceeded to relate the circumstance of an advance of 1,1501. by Mr. Ilayne to the father of Miss Foote, for the purpose of pur chasing a Paymastership; the money was not so appropriated, . and when this cause was commenced, Mr. Ilayne having three tuned to sell his estates and go abroad, Mr. Foote had cer tainly very inadvisedly given notice to the party holding the uioney, to retain it until the decision of this cause. With this circumstance, however, Miss Foote Was totally unacquainted, and therefore it was not to be used to-day to her prejudice. Ile hail, he believed, now called. their attention to every circum stance which it was necessary for him to allude to. It was right, however, for him here to say, that during the correspondence which passed between the parties, Miss Foote had certainly received several present* from Mr. Hayne, amounting in value • altogether to nearly.l,oool. ; they were, however, unsolicited by her, and she rather checked than encouraged Mr. Haynetn making them. Now us to the question of damages, MISS F., at the earnest solicitation of Mr. !Layne, had given up her en. , gagement at Covent-gerden theatre, which was certainly a very valuable one. She had sold her theatrical wardrobe, and •slie had, at his suggestion, ordered a carriage, which she would .not otherwise have done. But he did not call upon the Jury to give damages in respect of these amounts, but he asked them ..to give her a compensation for the loss she had sustained by not becalming . the .wife of .Air. Ilayne. , In the first place, then, there was ri.a.itation anti rank in society which that circum stance would have given 'her ; there was the 20,0001. which, under time term of-the settlement, would have become her abso lute property, in the event of ,Mr. Ilayne dying in her life time withoutissue. Now the damages laid in the declaration were •10,01x01.; the question then 'wain , would Miss Foot hive released ,Mr. Bayne from his promisee to marry for 10.0001. ? Certainly ,not, or for three time) 10,0001.; then she was fully entitled to o•ceover to-day the whole damages laid in the declaration , and the now sat down thinly convinced, that by the verdict to-day ;eh:east/eh' recover the whole amount she claimed. Beside all Foote had been held up to public curiosity—to . no ,sinall portion of obloquy ; and as men of sense had to deal with .the cause, be bad no doubt (tithe reaulr. Maria Foote examined by Mr. Ci cur/EY—I am the mother of the plaintiff. I have resided many years with my daughter in lieppel-street. I saw Mr. 'Jayne first in June, 10A on occa sion at his taking boxes for my daughter's benefit. ply daughter had previously no 'acquAntrinee whatever with him. Mr. Hayne,. In January this year, requested an interview aeith my da ughter. I informed him that she was engaged ao Colond,. Berkeley, and had been lei for some time. He said he had no.idea Colonel Berkeley would ever marry her, and was, therefore, in hopes he could marry her himself', and would do so. .I-told him that her engagement was of a very solemn nature, and could not be terminated till June, for my _daughter had reeoltied in the November previously, being the beginning of the theatrical season, that :the would break off all connexion with Celeßr.keley, if lie did not marry her in June. He asked if he mighthe allowed at the termination of that period, to pay his atddratceo to her ; I stated that she had great faith in Colonel Berkeley. lie did not see her ditm. That Fetter was received the eery next day ; it was dated 19th Jan. 11124, addressed to Mr. Foote, mines:sing approbation of Miss Foote, and mentioning an intention of going to the Continent. another letter, dated 7th Februaryv addressed to me, was received. It required a lock of. my. daughter's hair. Mr. Bayne was then at Warren's Hotel, Repent-street. I wroteareanswer refusing. —{The letter being called forewas notprothiced.l—My daughter VAS engaged to. Col. Berkeley. That was communicated to myself in November.. The lastaime she saw Col. Berkeley was io 'ebruary. On the Bth of June Mr. Bayne came to our i Imouse, and mmettatelyanade proposals for my dauhter. He wet not apprised of. Col. Berkeley's breaking oil: l ie said that she had accepted hie proposals, and that had made Iran the hap. pleat man in the world. betters were handed in and, identified. They were all en dialled by Mr. 'Foote. They were, read The first was dated Inc sth of May 1024. • A letter of the Mst , of ,Alay NOUS - then produced from Mr. Ilayne to Mr. Foote, in which he entreated that gentleman to ut an end to the uncertainty which he felt, and observed that his fortune and life depended upon upon the decision. In Ma e . other part of the letter Mr. Bayne exprestie* his alarm, on' Leading the • John Bull, .ti find that the Managers of Covent Garden Theatre intended to prolong the season. Mr. Ilayne, in this letter, argot Miss Foote, as she was then a free agent, having ceased a ll communicetion with. Col. Berkeley, to give an answer. He felt that Colonel Berkeley . luieLno longer any cleiturupon her, and•begged hersend her 'Nihau believe that sbe_.bad not a more ardent • and ,atligtitmate admirer than himself: Mrs. , Foote's evidence was then resumed. She. stated that on the 28th of June, 11124, Mr., Ilayne had inatleain offer to Miss : Foote, which was accepted, and that on the• following evening,an, appointment was made for hint to ~ a ccompany Miss Foote and her family to the Opera. Mr. 'Layne, who wait about to proceed to the country, staying one day longer for the pur pose of joining this party. By Mr. WIN Mr. Rayne accompany you,' to the Opera Whilst you were in time box did any gentleman enter ?—Yea; a Mr. Mane entered , with a message from Coleruil Berkeley; in consequence of which Mr..llayne quitted the box.witim AIL Maxie - and 'Mr. Foote. Mr. Hayne apPrieed us of what had transpired,. as to an appointment; and on the evening .or the Wilawing dey we:let:wad a 'note Irons Mr. Bayne, dated dams 50. Tile note was then put in, and was us follows : ' , eMr—liayne,hegs to be understood, "that under no. circum. • stAtulni whatever, can .ammy cummunication be proper on the part of Mr. Rayne." Where did you next see Mr. Hayne?—At Marlborough on slits feihnivaitg Monday. • A-letter• of Mr. !Jayne, dated July 4, was then produced, prommosinwa milectmog at the Castle Inn, at:Marlborough. On the July did you and your daughter, in pureuance of that letter i ,theet Mr. Ilayne at , Marlborottgb Did Alrm-lisyne then giv e you .any aexouot of his meeting with Chltmel.lSetkuiey oti the anth of June ?- 1 / a did. Did, he gate whether Colouel Berkeley was accompanied by sly friend ?-I.'es, Mr. Alone, And did he say that lie was accowlianiol by a friend ?--Yes, Mr. - Best. Mahe state what :Colonel Berkeley Ipa,l said ?... ..y es. He said Colonel Berkeley. had informed him timammy:daugimter had [fasttivJ child, t by mum Ile said that eolotteleltlelieetey hay., Ing demanded his inte:Ations respecting my daughter, he bad refused to give him any answer, thinking Colonel Berkeley had no right to demand any explanation from him of any kind.— We slept at Marlborough that night, and Mr. Hayne went back•to Burderop. Mr. Hayne said at our meeting, that when he refused to communicate:the nature Of his proposals to Col. Berkeley, the Colonel retired with 1111 r. Best, and related to him the circumstance of the children. 'Mr. Hayne said if he had been aware of the nature of the communication, he should not have called upon Air. Best,but upon a family friend, Mr. Carter. Did your daughter communicate to Mr. Rayne the nature of her connection with Colonel Berkeley ?—Yes? and showed . him letters from Colonel lerkeley, in which the promises were made to her the Christmas before. Did any thing pass that evening respecting her return . to the theatre ?—Yes. 3lr. flayne particularly requested that she would not return and she said that she had no resources what. ever but to return to her profession. Mr. 'Jayne requested that she would allow him to be her banker, and on no account to distress herself as to her circumstances. This was immediately rejected, and Mr. Bayne wax informed that she came to :liar& borough merely to vindicate herself, and to explain thst her declaration of her connection with Colonel Berkeley was in train to be made before. Colonel Berkeley had seen him. Did Miss Foote answer the letter of the 30th of June ?—Yes, before the meeting at Marlborough. ,• A letter of the Ist July, from Miss Foote, was then produced dated Wednesday, stating that she had recs;ved Mr. llayne's letter, and that she could not but imagine that some treachery had een used to cause such a letter, and begging that an ex. planation might be given. Hei letter then alluded to the money which had been advanced to her father, and desired that the circumstance might be explained. It concluded by paying a compliment to his own honour, and attributing all to bad tad. visers, with a request that he would accept back a shawl with which he had just presented her; and particularly with a re. lease front all the engagements into which he had entered with her. _ _ . . . Another letter, dated Saturday, WA produced, in which Miss Foote desired an interview, to prove that she never did intend to become the wife of Mr. }Jayne, without first explaining all the circumstances of her c,onnexton with Colonel Berkeley, and stating in warm terms the agony which she felt at the conduct of one, who, under the mask of nobleness and generosity, had determined •to make her the sacrifice to his revenge. The letter concluded by proposing a meeting at Marlborough, or any other place which Mr. !Jayne might appoint. Was it intended that such a communication should be made? —Most undoubtedly ; and I was to have made it immediately on Mr. ilayne's return from Burderop. A letter of the 9th of July, from Mr. Ilayne, was then put in, addresssed to 3liss Foote. It stated that he had received a letter from his friend -Best, Inclosing one front Colonel Ber. keley., who fitucied he had a right to point out what he ought or ought not to do; but that he (Mr. Bayne) felt that Co lonel Berkeley had no right to interfere. It concluded by stating, that no power on earth would induce hint to act con trary to his wishes. Another of the nth of July was produced. It inclosed the copy of a letter front Lord W. Lennox, and said he would set Colonel 11. at defiance, and prove to the world that he could think and act for himself. In this letter Mr. l-layne advised her to give up the children, as Colonel B. had a legal right to claim them ; and to quit town for u time, to avoid the scene of her trouble.. The letter concluded by entreating her not to re turn to the theatre. _ _ _ _ ^ The letter of d Lennox announced that Colonel B.'s opi nion was unaltered, and that if Mr. IL broke the pledge by which Col. B. considered him bound, the consequencei must rest with him, but that Colonel B. considered that all his right to interfere would cease when thexhildren were delivered up to him. • • A letter of the 15th was then read ; this letter was= inquiry after her health, and entreating Miss Foote to be tranquillized, and stated that he, Mr. Ilayne was prepared at all points to resist Colonel Berkeley, concluding with assuratms of warm affection and interest. Another of the 16th, front Mr. Mayne; to bliss Footp, in which he expresses his concern at not hearing front ker, repatt ing his assurances of aiFection, and entreats her to make' him her confidant, and he would hereafter prove that he wits woitity of it. A letter of the 17th July states, that Col. 11. .had caused him no trouble on her account, and regretting thatahe felt it i'leeeh sary to remind him of the pure sentiuients which he had reVer felt for her, and trusting that the arrangements would be anon .con pleted with Col. :1., so that she might quit the stage. '' Another of the 21st, acknowledges the receipt of aletter from Miss Foote, and expressing his satisfaction, us he feared sonic enemy had poisoned, her mind towards him. In this lettde'he repeats that his love and esteem are more than he can exptetts, and earnestly hoping that every thing would soon he managed with Col. The letter "amcludes thus- , Be appeased, and all will end t► natural death." A letter from Burderop of the 23d July ezprinses his desire to see her, and stating that the time would pays hot slowly until lie had the promised letter film her. letter Of the the 26th, stating that he would call at Keppel street, was uteri produ ced . Did Mr. Hayne call in Keppel-street that evening Had the arrangement betw ee n Col. 13. an d :Miss F. taken place, and had a bond between Col. B. and Miss F. been then executed 2—Yes, that - very day. Did you show Mr. Bayne the bond ?—Yelt. (The bond was here produced, dated July 2fl, 1121. Aftex stating that Colonel Berkeley was the father of tiin'clitldre6; which had been delivered over to Colonel Berkeley, to hektm tinued with him, Colonel Berkeley undertook to support, .pro. vide for, and maintain these children, &c. No more ut the bond was read in Court.) Did Mr. 11. read the bond ?—tle loOked it through, Did he make any proposals to your daughter P—Ves, but this was declined by my daughter on the ground of his previous con duct, Ile then said that hie addresses to her had always been honourable, and that hie family were the only difficulties, on account of the declaration which Col. B. had made, but that his feelings towards her were just time same, and hat we must have perceived from his manlier at Marlborough that he meant to marry her. What answer did Miss Foote give to this ?—She said It was ne emery fur her to decline his visits; upon which he felt himself hurt, and bald that notwithstanding all the circumstances which lied passed he should certainly make her his wife; and he firstpro posed to marry her privately, but afterwards fixed to be married on the liii, Sept. On the following day he said he would be married on the same day as his sister, the 4th September; but finally settled that he would be married on the 6th. Two or three days afterwards he left town for Burderop, my daughter having considered it necessary that his friends should be ap prised that his intentions were honourable, to which lie replied that he would give her a letter to show to her friends, and that his own were already apprised of his intentions, as he could not keep it a secret it' he wortid. I went with my daughter to South ampton, in August, and thence to Bath. On our way we called at Bic. Rayne's, and lunched there. Mr. ilayne came to Bath with us. We returned to town in a few days after, when Mr. Ilayne proposed that a friend Olds should attend to prepare the necessary settlements. Ile told me he had engaged a Mr. Bebb. But a letter of excuse afterwards came, dated 31st August.—l The letter said that Mr. Robins would be substi tuted for liiin.l-0 11 Friday, ad September, Mr. Rayne went with us to Vauxhall ; we went in the.airriage of Mr. Ilayne's mother, Mrs. Carter. At Vauxhall lie aald his Mother was re conciled to the business, she having sent her carriage for the tith September, was appointed for the , )a lar rt r y iage s . loi o ld i a l y t , he the morning of the 4th, he went to Doctors' Commons, obtained a licence, and on his return, in my pre sence, he showed it tom ) , a enatiter . ; indeed; he gave it Into her possession. Tilts, I 81 " 414 say, was on the same occasion. On the evening of the 4th Sept. he ittoottbt Y thillirllter a ring, and promised to do the needful ttitwMr. till,the at,toine I I t rn m m r i t r i k n e g t —Mr. (Jill came 110111t3 with us from ay and remained till one in the morning. A with us, b e said he should call again , on the Ai i Every thing was ready for the marriage, clothes packed in Mr, flayne's imperial. She gave her t y,„ l ,i,. cal wardrobe to different persons. She resigned her a ninen , ment at Mr. Ilayne's request. I expected Mr. Rayne un ihe Sunday morning, but Mr. Bebb came in his place, :mkt etateld' that he went to Bryanston-square, where he remained fill after' one o'clock, and that some of the dinner party had locked hint up; that they then pressed him to take inure wine, and intro,, thiced the subject of his marriage. They said every thing abusive of Miss Foote, and continued drinking till five.o'clock in. the morning; when lie was carried up to rest. At seven o'clock in the same morning, the party atill'attaeked him, and extorted from hint a sort of permission that Air. Bail) should make some communication to Miss Foote. Witco endeavour ' ing to leave Long's lintel, the waiter put his man Remo the passage, and would not allow'him to pass. Ile still; lidweVer, said that nothing should keep Al in from Alias Foote. said he would be at our house at nine o'clock the next morning, (Monday), and desired that Mr. might be in mittendinae with ,the settlements. , M Mr. Gill 'dld'attent; and' Mrr Ilaano said he would deo" Ide" servant to cull him (Mr. (k.) alien o'clock.; and that he himself, woulti.he with us at nine o'clock. On Monday morning every thing-wits' ready, hut Mr. IlaYne did not wa k e his appearance, , anilaiot lettere 'came-from I essengers were sent to Lome:I) 'total:4,)d : wins on .aq mire ; and at three o'cloCk in the afternoottapy aeote,tp , ,weata hint letter, requesting an explartatidu .o.ll "t'n'Ot" lind de.; (daring her great anxiety- till she Amdahl hear frair44 tit Wee himi About the end of September, latuNt t*W Dane? ,On the 11th September, - Us daughter again Wrete . him, stating Ilea . surprise at his. conduet, In somettirgret eiteusitt/qt iiutorr ginatingting with himself, .but•protluced influence of 'lnte , rested persons, sod cautioniug lout Wilrit*,l4# igen& Silo called upon him to fulfil his promise, and added her recollec tion of his last parting words, which were, " May God strike me dead if ever I desert yon ." To this etter Mr. Hayne re plied on the following morning, still asserting his affection for her, but adding a regret that their unlucky stars had ever thrown them together, and that public opinion was against ' their union. On the 14th September my daughter wrote to. Mr. !Jayne, again pressing the performance Of hildwomise, and requesting him to assert his right of acting for Rimself. On the 15th September Mr. Ilaynem 'ed, by again pretesting his unshaken love. On the 16di my da titter seniein,answer,, de-. daring her regard, and again pr e ss Mr.N 6 4'n'e noi , to Velure. his own good name by allowing himself to be dictated to by others ; but like an honourable man to act for himself, and vin dicate his character. On the next day, Mr. Hayne wrote from his seat at Burdens's; despondi n g that his prnntised dream of pleasure would ever •be teelised. On the 211 September he again wrote to my daughtee ; requeeting her, while she con sidered the past, not tobelownindfulof the future. [A vast number of similar letters, which had passed between the parties, were put in and read:l Witness—Mr. Mayne 'came to our house on the evening of the 23d Sept. ; on entering the room, he requested to see my daughter, and he did see her; they were together for a few mo ments. When I returned, he gave me his hand, and said he had reconciled himself to Mies Foote, andibegged her again to name a day on which they should be married, for he had torn himself from the party who had taken him down to Burderop. He said he had been very much imposed upon, and would certainly change his household. He also said, he would leave his checque-book in Miss Foote's hands, to prevent his money being lavished as it had been. He offered to write to any of our friends, to say he had renewed his engagement, and also to have it put in the newspapers. On Saturday, the 25th September, he brought ,me the licence now produced. Mr. Hayne wished Monday to be named; but my daughter said it was an unlucky day, and fixed Tuesday. Mr. Gill was to have met him on the Saturday, at twelve o'clock. On Sun day Mr. Bayne spent ti pdrtot the day with my daughter. Mr. Hague %ILI not come un the Monday; but a Mr. Manning brought me a letter addressed to Mr. Foote, stating that he (Mr. Bayne) was unable, from family influence, and other Matters, to follow up his engagement. On Sunday the 28th, .11 r. Mayne did net appear, and on the night of the 29th, about half-past nine or ten o'clock, he sent us a note, acknowledging his faults, and reqUesting an interview anywhere but at Kepple street, To that no answer was sent, but a verbal inquiry, to know where a letter would reach Mr. Hayne ? On the 30th September, Miss Foote wrote to him, and charged .him With sacrificing her, and also his own honour and good name, in thus, time after time, fixing a day for their marriage, and as repeatedly bre a kin g hi s p rom i se . T o thi s defendant sent a letter, in which he declared he never injured her, and charac terised her last letter as breathing cruelty and hatred. Cross-examined by Mr. ScaneETT.:--M y daughter was 26 years of age last June. She has been at Covent4;erden Theatre for ten years. Mr. Foote himself was the manager of a theatre at Plymouth before we came to London. We lived at Ply mouth for 16 °elo years back. Miss Foote only played in her father's theatre. We then went to Exeter, where Mr. Foote kept an hotel; that is, he was a conductor of it. I looked after the accounts. My daughter was then in London with her fe ther, anti sometimes with roe at the hotel at Exeter. Our house 'was too foil for her, and she had a lodging in the house of a friend. Sly husband became a bankrupt at Exeter,and has not since received his certificate. We were in a Chancery suit all the time. In 11114 we came. to London. My husband never had any money froM Col. Berkeley on his own account. Mr. Foote because very intimate with :Mr. 'Jayne, and was with hint for some time in Staffordshire. When Mr. H. came to town he visited at our house. I understood him to be a young man I of property, but I do not know whether lie is expensive or prodigal in his habits. I don't know that Mr. Ilayne went to France in 1823; and I recollect some gloves and a shawl. There was no commission for a large black or extravagant veil ; Ite.ordered no silk stockings. In October, 1823, we re turned to town, aiad, dUring the, autumn, we about three times See; Mr. Bayne. His manner would not shew that he admired Miss Foote, before Janu a ry 1024; - he • had no correspondence • with her before that time. I rememher being robbed on my weLlO town last Jail. I did not communicate it to Mr. Hayne; peritisPs my huiliand did. In May, 11121, my daughter was at Tunbridge Wells. Sheleft London in March ; we continued there till 24th Julie. During th a t time there was no coml. spondence between Mi. Hayne and my daughter. My daughter has gen era lly g ood health, and she went to Tunbridge Wells to lie in, and received letters as Mrs. Forbes. My husband did not act for daughtor• i nfir,slo I know that h e made any arrange. nientresith my daughter to tell Mr. H. that I was in the coun try for a pulmona Llayne; I never aae-gned, any reason for my daughter's ab. rY(Coinylaint. My husband did write to Sir. `Hence. un,• acd the letter of Mr. 11., in which he asked for a lock f Miss Foote's hair, w hich I refused. I know there is a ho 1"p. 31, Ilenrietta-street, Covent-garden, t a k en by injtidhlfahle 'tor Inc, in the year 1822. I have it now. The heueteistuebtken fur the Hut child, as we wished to conceal it. We-were =arable to, pay foe jt ourselves, and so she assisted us. I know a Mrs. Al4ion salsa lilts the house ia lienrietta-street. The first presentniade nirtaughter was after *he was engaged to he married:to him. Until then she never had money, pre sents, nor any thing else. 1 have had them valued, as reports were abroad, and, they are wider .1,0001. Before I; =want to Marlborough I had, ,reason to believe Mr-Heyne admired my daughter, because lie offered to marry her., - I cannot say that ascertained he had a violent pasSion for my daughter. illy Peyne but in my presence.- My husband we went to Marlborough. Ntre only : w at iathed i tit ite rii.aft r t ilet te n y m e goa r a s tr u le w t right with -Mr. 11 ayne ; I did not con itolt my litieband'OP the necessity of our journey. My daughter always kept copies of 'her letters. I saw every one of them, and approved them: My busband never sawono. They were all submitted to me before they were sent, and I sometimes made suggestions. I . wished to nave a letter from Mr. lissyne on the renewal of his otli,r, lest, when he visited us, his visits should be misconstrued. We were not . vitited either by the mother or the sister. of Mraleyne. I lte;krcl•,4l l l , 4.4 rue had been at school at Eaton, an d that lie wait 3 oryears in France. In September, 1623, he became of age, and Mr. Foote went clown to Staffordshire to commeiporoAit. • Miss Foote visited Berkeley Castle,. and 4 enirall t (runt with her, and staid with her. In Febr uar y this year .was. ware' thire, and then went to Tunbridge Welk. We were at Berkeley Castle in September; we always went there at that time. In A aril 11120 or 11121, the 9th April, my daughter - had bee first child. My husband d;tl not know of either child till when they were nearly born. Col. Berkeley used Miss Foote very ill, and .1 shewed his letters to Mr. Hayne ; I was bound to sliew them to hint under all the circumstances. Mr. Robing examined by Mr..PLATT---I know Mr. (Jayne, and remember his calling at my office to se: ontha huh ject of a settlement upon his marriage With Miss Foote. Mr. Ilayne gave me instructions. He told the lie hnd a large pro perty in the West Indies, but be would prefer having the set dement in the English Funds. Ile maid there had heen,lll7,oool. in the Court of Chancery, and that the' Lord' Chancellor had given him 100,0004 during.thq last year. He said' the annual produce of the West India property was about 4,000/. a year. tie then ask. ii me wlict icettltquent he ought to make on Miss Foote ? I told flint I could net presume to tell hint, but I was more he would act liberally. He talked of 40,000/, and I said I thought it Was exceedingly liberal. Mr. then suggested the necessity 'of a prevision for Misa Foote in case of his death. He named 20,001)1. Ile spoke of Colonel Berkeley's seduction in very strong terms; but added, it had riot at all altered his mind, and he was quite sure Miss Foote's mind was uncor rupted. llis 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 September ; I attended to witness the wedding; Miss ,Foote was only in a plain white dress, but Mr. Haync did not appear: Croys-examined.--:-The interview 1 speak.or was the. first I had with Ai E . iiiiyue, I put no question about Mr. Hayne's trustees, nor suggested to hint an attorney ; he knew Mr. Car nu. to be his solicitor. When the settlement was completed, flee umney . wite to be transferred in November, it being in the l'Aairt of Chancery, and, cou ld, no t b e before that time. I did not' ask Mr.lleyne what lie did with his money ; it was MY tiest acquaintance with hint. letltWiiiinty in the , Mr, .St:ntt.t. E T 4 COLIkk Qt • Ph44/117 f 9 . • ,Mr 'llbbins—lt is net habltio ask a gen t l ema n imper . Itinunt,questions the first tiniellettiiiitii; , •-:-( A laugh.) PlXOtlcx.opintition .coottmtpd tiest I: p ut "V t YOtt ask Mr..llayna what title ho had told me Mr. to'have hi s i nten d e d ma rrlage t in the newspapers. mitt at l ui rr et i • Mr. Rayn e at that time; I a s s i ste d only as a friend to Miss FOotts in getting up this case, Gill e xittnined.-1 ati(;ndt.4l at Mr. Roltins's t o prepare .a draft of 'a settlement in inithiage in' the usual way. Mr. HAY" aeV9iPted nte to unil ut 214 Upper thesvenor-street, on the next t may, anyief i puacciqly r .wypal on hint, Mr. Win. Carter. his then atteikey, 144 I delivered the draft, And he said it alio uldhesiAbiNVlth hour. It Was not ;returned, ilowever t . till Ualf-pOtt Uleven O'clock that night. - I was r eat . On allerution, Ors ,t attiNivito 44imi naite'spouse,, "end lthen' rianied'the'coursti..iir th a t tor 'to have the en grossing ready. s.ltaratitin was - made' draft when it WAS returned. I should add, AniAcoVenant for further assur 27th September , but' Mr. ffn i :y e n w e a d 3 id mn is i o t t ie n d :ak6ll4 4nitvimo. I have a le draft. tended about the `2lllll , tnuer to retain Mr. Searlett fur Miss ot attend on time Monday. !as to have attentinn Alr at i a l i lk i l Y o n n e : (l : h iA o 2 : 1 Foote. &Ince 'Was a pnPer kto ? to air. B ti c ia A t I 1:4 : 'l' cleftsr— 15 9 11 p e etc t the l I t r i to-flay.4l. 1 ti I beg 14Iva ' Th o .1, 4 9 up hmax,.„lt Is quite con4deurial! Every Ming that passes in that way is so, amend I shall not re ceive it in evidence. I say this to relieve gentlemen on that subject. Witness cross-examined. Mr. Rayne had no professional assistance at the house of Mr. Robins.. I know Mr. Foote is here, though I have not seen him. A proposal was made by me, on Miss Foote's authority, to have the 1,1501. 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 trus tee.,Thero were clauses in the deed - of a:Wen:eat of a bar of dower, Robirt Pain examined-4 am, a clerk at the Morning Post office. On the llith October, a paragraph from Mr. !Jayne ap peared in that paper. Thomas Baden deposed to the same paragraph having been inserted in the Morning Herold. Here the case for the plaintiff closed. Mrs. Foote, called by Mr. &a atm. T.—A bundle of letters was put into her hands, which she admitted to be in the hand writing of her husband. Mr. Sew F.T T..-aiefOre I proceed to address the Jury, I must say that I have many winesses to examine, and many let ters to read, which will occupy a very conaiderabletime. The Lour) Cula? JusTicx—l think we can get through the case to-night. Mr. SCAR LETT said that in this case he had great public prejudice to contend with, and a very celebrated actress also. Miss Foote kept copies of all her letters; not so this extrava gant young man, who had neither copy, nor memory of what he wrote, and which might have been now of great assistance to him. His Learned Friend, in opening this case, had many ad vantages; he had managed the case with great policy,but he(Mr. Searlett)doubted if, with all his talent, his client would not pro duce a greater effect upon the passions and feelinge of the Jury. Such was the power of beauty and accompliahmenot—and such was the power possessed by Miss Foote, that public prejudice was against his (Mr. Scarlett's) client ; and that public prejudice, raised and continued by that lady's friends, they still further thought to propagate. The Jury could not have failed remarking, in the whirrs* of his Learned Friend, how much he dwelt upon the conduct of a certain indivi dual, and with what an air of vehemence and indignation he noticed the conduct of Colonel Berkeley. For the first hour of his Learned Friend's address, he (Mr. Scarlet° scarcely knew whether he was Counsel for Colonel Berke ley or Mr. Ilayne; for though Mr. Hayne closed the charge, all the way was prepared by the seduction of Colonel Berkeley. The object of that could not be mistaken.— This, it would be said, was a fair creature doubly abused; and mark the result—that Mr. Havoc was to pay the pe nalty of both. Another topic he must advert to; and that was, that his Learned Friend almost eulogized as virtu ous, or sought to excite compassion for as venial errors which, in Courts of Justice, at all events, were consider. ed worthy of the hightut reprobation. His Learned Friead had glossed over the course of life, which every father, and every mother, and every respectable man in society, was bound by his obligations to that society, to characterize as immoral. Having stated so much, it would be his duty to examine the evidence already submitted to their notice, and then to lay be fine them other evidence necessary to the defence of his client. He hoped that when the Jury came to estimate the damages, they would not estimate them according to the folly and igno ranee of the young man who was the defendant in this case, !it according to the claims of the lady who was plaintiff ; and then they would not allow her popularity as an actress to weigh on their minds, boas to induce them to give one farthing more damages to her than to any other who came before a Court of Justice under different circumstances. The young man for whom he(Mr. Scarlett) appeared, vervecently became of age. In the year 1823, he had the good fortune to'become acquainted with Mr. Foote, whom he invited to his house in Staffordshire. This led to an introduction to his daughter, which gave birth to an attachment, and ended in an offer of marriage from Mr. Ilayne to Miss Foote. At that time the lady was with child by another man. She afterward went to that person's house, and remained there some tune, taking her father and her mother with her. Then, as her appearance must betray her indiscretion, in the month of March a journey to the country was proposed, and in the country she was delivered of a child. On the 28th of June she re turned, and another promise of marriage was made, in the ' presence of the good mother of the lady. Soon afterwards, however, a complete discovery took place, and Mr. Bayne, who could no longer remain in ignorance, flew away to the country to take his own measures. The lady, it was well known, was older than the gentleman ; she had had ten years' practic, ut Covent-garden Theatre, and four years' previously at Ply. mouth. • She bad also Write two children, and it therefore could not be imagined that she was inexperienced in the ways of so ciety, or in the arts of it. Mr. Hayne had never been aware of the lady's visit to Barnard Castle, or to Tunbridge; it was true, however, that he had been informed of certain transactions relative to Colonel Berkeley, But during her absence from town, her father had told him that she was afflicted with a pul monary .complaint, and that as her physicians had considered the smell of the gas, and the labour of her profession at Covent garden theatre, 16{411 too much for her health, a trip to the coun try was considered absolutely necessary. Several other letters were written by the father, somas informing Mr. Hayne that she was better, and some that she Oas worse, but all tending to con vince the defendant that her illness was of a pulmonary nature. 'Ft ileigtted Counsel then proceeded to read passages front se. I.o4lliiiters to which he lied refereed. . • Tire A T i'01124 CY -G EN x tt.at.-4 suppose my Learned Friend means to prove that those lettere were written with the know. ledge and consent 01111 Client,; : otherwise they cannot go as eilderice to the Jury. Mr. SCA R LETT—My Learned Friend has put in several let. ters from 51r. Ilayne ; he Certainly cannot mean to object to hear the answers read. The AvrtntarE,Y.Gr.sxltal.—Every letter written by Mr. !Jayne May be evidence ageinst hint ; but this cannot be the case with" the lettera referred to by the Learned Counsel, un less he can piece they were written with the knowledge of the plaintiff. Mr. SCAULEr 'mean to 'how that a system of fraud was pursued by, the whole family ; and that it was meant that the plaintiff should profit by the deceit. The Lotto Cunt*. Jowl - ex said, that the letters to a certain extent might be admitted in evidence. Mr. SCAIMETT then proceeded. Why, he would ask, had not the tether been introduced to the Court on this occasion ? Was it because his Learned Friend knew It would have been an injury ? W:ts his Learned Friend aware that the Counsel of the defendant would have put questions to the father that he did not choose to do to the mother? It had not been thought fit to put that father into the witness box, to expose him to the danger of a cross-examination. He (Mr. Scarlet° would proceed to read some of the letters he had referred to. One of them, from Mr. Foote to Mr. Ilayne, con cluded thus i You will have a wife the most prudent, the most amiable, and the best in the world, or I know nothing of my daughter." This was written by the father, who had taken Iris daughter by the hand to Barnard Castle, who knew of the doings there, and who knew that she had had two children by cohatkel Berkeley. It had been already in evidence, and his leearn4l.l Friend the Attorney-Oeneral had admitted it, that Mr. Foote had received 1,1501. from Mr. Hayne to purchase the paymastership of a regiment : this was the great argument in the father's eyes in favour of the connection, and of course it was to be considered by Mr. Hayne that the kinder he was to the fa ther the more he would be loved by the daughter. After the return of Miss Foote to town, he (Mr. Scarlett) would ask the jury if they believed it was her intention to have told Mr. Ilayne of the recent intimacy with Colonel Berkeley ? The mother in her evidence had said it was; but he (Mr. Scar lett) did not believe it, or if he did so believe it, it was only that she would do it when the young man was so fascinated.— that, like the animals who are fascinated by the snake, he could not help falling into her snare. Another letter to which he would refer,was from the Lady to Mr. Hayne ; in this she says that ie is sure he must have heard sonic things against her ; and she then says that site shall always thank him for his generous conduct towards her. Now, what was this gene rous conduct? It could have meant to allude to nothing but a few trifling presents, unless the father and the mother had shared it. The letter concludes by wishinfor an interview : she well kn ew t h e diem of an interview ; she had often tried it, and she expected that her victim would be lost beyorid re demption. It was natural to expect that, from the profession of Miss Foote, site was well skilled in all that relates to passion; and in requesting. an interview, she had given another proof of her knowledge of mankind. Every one was aware of the influence of a woman over the object she wishes to seduce. Ile (Mr., Seerlett) was sure that every . prudent man would avoid what the strongest could not sustain. He believed that his lion. Friend, the Attorney-General, with greater age, caution, and experience, than, the plaintiff, would have been staggered, if he had been exposed to such a temptation ; and if lie had done him the honour to consult him if he had been so expozed, he would remind his Learned Friend of a story related by a poet, whom he well knew. It occurred in the Odyssey of Homer, where Ulysses is described as wandering over the seas, a faithful husband of a beloved and virtuous wife. What did he do when he came to the island where the Sirens dwelt ? Ile dreaded the effect that their voices, and still more their feces, might have upon, him, and he ordered that himself and his companions should be bound to the mast, that they might look away from' the shore, and not see the objects alit might seduce them. He (Mr . Scarlett) did not in the least doubt but that Miss Foote conceived her only chance of ho. nour and of gain depended upon the use she would make of her fascinations during this interview, and was therefore deeply anti*** to try an experiment that had succeeded so often. She wrote In such a manner as to make the young man believe that the primary object of her life was her attachment to him ; That he had made her feel for him the strongest passion a wo paAn could feel. Notwithstanding her previous .condit.on, from her intimacy with Col. Berkeley, she endeavoured to make this youth believe that he had inspired with an ardent devotion one of the finest women of the age. Well, she went down to Marlborough, and he accepted her invitation to follow her. —Then all her witchery was renewed, and then she worked ao much upon the feelings, calling upon him to pity her, that the effect might be easily conceived. All .this was done to keep alive the flame; poi then afterwards she chose to :rr an experiment, and drop tie correspondence for $ weeks—. This drew forth a complaint from him, and when he returned to townjie was informed by the mother that the affair With Colona•Verkblef - waijettlett, add the awin. Tongc, unit her daughter. He then saw thaf'lie could no longer visit her on equivocal terms ; and, as they speculated, it saly made him become more ardent, and a promise of marriage was again made. In this case, he (Mr. Scarlett) could say do. thing in commendation of Mr. klayne, nothing in excuse of the man wno says, - 4 1 will marry you to-morrow, •' end , with the morrow does not come; but it should he remembered that be was the victim of a violent passion,and that he could only reflect and think seriously on what he was doing, in the absence of the woman who had such powerful influence over Win. Il e was a young and an ignorant young man, who had hut just come of age ; but she was a woman much older, who had had much wept:Hence, had borne two rhildren, and who well kn ew of what st uff' man was made. If Miss Foote had argued as ohs ought to have done, she should haire said, " here is a y oun g • mar. about to take a step that will alienate for ever from him. his mother and his sister. I pity him and I pity them; I lb" for his unhappy passion, and, notwithitanding he has nettle wc a promise of marriage, I ought in generosity to return it to hip, and go back to the theatre that is open to receive ms ; I can live in splendour, and as the circumstance relative to Col. lierkr• ley are well known, I cannot be injured with t he publiC rst a public servant; I will not then advise him to sacrifice his character and his honour, because he, has been attached to me. • What do I lose by losing him ?" If she had had a right to de mand damages, she ought to have said originally," make known your intentions •to your mother and sister, and let dicta call on me." No such proposition was ever made; no se:si feelings were ever cherished. She was nothing more than aei actrras, and one of tainted character in private life, but she saw - before her a man who had money, and her family also saw him. She had no idea of happiness or rank ; all she sought for in h tl a w connection .was pecuniary advantage. If a young a b i c i e p i e l lif h et e l b v e ic fo ti r i e n a of C se ou d r u t cti o o f n J been led from virtuous connections. and my whole lif e must be affected by another's crime," then indeed the J ury might be asked for liberal damago, and then it w o ld in mitiaation. ut ;uei tic h e av is e ho be co en ul T d ui sa ne w y d , 7 l n h ha_ a7 v .e3 e. i b f e a a le ilfuffiryiuwherteltiontgoptoinioandithlreasst, from n en he very u n met of !huh ,. business the whole object of Miss Foote • was pecuniary advantage; that she had no hope nor prospect of happiness ; then in Iww different a light did s he stand before them ? I f they believed that it was her wish and the w ish of her family 0 impose on a young man, who did not know the value of meney, who was placed without a sin le act that friend to advise him, and wlii o afterwards knew that shame and misery would f ollow an est that he was weak and foolish enough to contemplate ; then "' I T, damages did the plaintiff deserve ? Unless the Jury V!: think that a woman with a tainted character could tlesery al! the warm feelings his Learned Friend the Attorney-GliT4'. had endeavounal to create, the damages the Jury 140,11 d said' could scareely be too small. His Learned Friend had sa% that he did'not ask damages from feeling, but as a coinpeti_. tion for the loss of rank the lady would have he ld as the wi a. of "Mr. Heine. It is for this that she demands damages from,. a Jury; but the Jury should Inquire what loas.she had n. mined. Would she have valued the situation in which . e h would have placed her, knowing that she had madehum miserable, after the first gratification of those pasaions of which lie had been the victim ? Is it justice to virtue to co nceive tlsa be could have loved her afterwards ? No, but she only sand td herself, " I will keep him by me, until I know what bargain I can make with Colonel Berkeley." The bond has been rea! to the Court, by which she gave up her children to Colen_nr Berkeley, for this she might not be blamed ; but in that honts she does not stipulate that she shall ever be allowed to see hi • children again ; and this was the conduct of a mother, at• mother of an infant child. He (Mr. S'earlatt)did not know wha , as to ffourrinhimsus:hlf,ahcoe connection, san,y,th w i th t such c h h e a h w a o d m t might be the sentimeutsof his Learned Friend on this subjecti; he fciund that she was so completely without the common feel; ings of nature, as to give up her children without the right (.),; ever seeing them again, he would instantly have left her. t' should be recollected that Miss Foote commenced early to st au l those characters, and those subjects, that were calculated Is debase - the mind ; for even in the part of Juliet there a S s e much that a modest woman should not read ; and how grs a did such an education tend to deprive her of virtuous (elixirs He begged the jury to view the case as it really was—that i) . young woraisn who had been the mistress of another, beetsul• e h l a e d ar re t a h s a o t n s e h ti e t h: kept ~ acquainted with a young Man, and keeping him by her u"" that other had decided what he should do with her. 11 wal Mr. fleyne, • and this circumstanee argued strongly th at ! his s & h eo e o y is c s iun o g f m th a e n le w t i t l e l rs in s a h i e ry ' i n l i a tl n s d ° o e ir o dneg r , ll° , t r t rn m ild e ne l r : b a good settlement, or else I will go to the Attorney-General or some other able lawyer, and lie will get danniges for me-"' „ The conduct of the young man was different; h -- e had kept copies of those letters that were written in the confidence 0 a misplaced love. The jury could not conceive that if they had been married they would have lived together six montha; seven her mother would not swear that she expected it; then if a large settlement had been made, a large separate maintenance would have been a 'natter of course. ThS Jury, must be convinced that the only object of the Lady was if she could not make matrimony of it, at least to make of it a matter of money, that she might have one leg, as th e fathr had had the other. Could a Court of Justice then lend it. self to encourage such a motive ?. It was necessary for t he ' Jury, in their consideration of the case, to forget that :ha plaintiff was a favourite. actress. They might be assured that her popularity would not be affected by their verdict, and they might depend on it that the next benefit of Miss Foote,' s ' either either of the theatres, would be more productive than it"si— ever been. After having had with her father nearly Zinn' of Mr. Hayne's money, she only came to a Jury to ask th e ' . for twenty or thirty thousand more. Miss Footeeitshoold be recollected, had brought herself into this scrap m e, a nd it was hard, if Col. Berkeley had done her any wrong , to - ake Mr. li a r s pay for it. Wh a t excuse c o u ld s h e an d her father hsve for n''' bringing an action against Col. Berkeley, who had invited her to Barnard Castle, had there seduced her, , and bad 3 ct i ' il n d 1,1 her, under promise, it was said, that he woußmarry cit e d ri, was restored to the peerage ?He (Mr. Sca rlett ) vr o ei d nim a ' i. by Jury, if they believed that any such '' bad heed " ---L ' - promise to bring Col. Berkeley ? If so, the natural way would have been who, an action against him, and n ot aga i nst this young Iti n t ; 0 " his with all his fortune, might be called unfortanste• "j r alio mother and his sister who prevented him nem marrY'r on i to Foote ; for, had he been suffered, lie would have listene.. , (iblii. the dictates of passasion, and would ha v e married het's. t_t e _, ok Scarlett) thought that Miss Foote was fortunate, It tle l l vi w ilk i i object was not money, in having thus escape d a ma t h e Jury would have rendered both miserable. He entreated t once, to consider this cause as one of pounds, shillings, &nu l? " for such it really was . Mr. Mayne had done her no I f e . In one letter to her he says, 4 "I never injured you lie passed by the man whO had injured her, and fixed on l''''d os of (Mr. Scarlett) felt assured, that on a mature cons ide r ! , the case the Jury would awa r d h er ' very little damag e ! ert. • IA variety of letters were then put in and read to the t.e an d They were chiefly those that passed between Mr. ioo„ 00 „.., Mr. Hayne, and between the latter gentleman and Illii 3 L A i p to which the Learned Counsel for die defendant had alka w " . the course of his address.] Seal" For the defence, Mr. Macready was examined by 3 14 '..„ ape. • LETT.-1 have known Miss Foote for 23 years. I kti th. ,; ie et Foote ; was present in the month of September when al t 4 ~,a fi f. lug took placa.between that lady and Mr. !Jayne. 1,.k 4 7,,,a Mr. A bou timac with Miss Foote shortly alto her benefit. three months since Mr. Foote communication relative to his daughter. It was since the insa was broken off. eee. (either, . Mr. SCARLETT—I shall not examine the whit my fiord. made to 17 3 ..a, • o f a l one, LA letter was then put is to prove that the SOW is ~ ,u or given by "Mr. Mayne to Mr. Foote had been vested in B*V s as mighti ande o p ba a el i en d re u od i v to er a e d ba b n y k 3 er i s n hFaoondtes,insuLirecatatoionanket 6100 dialibnilgls: of _promise of marriage.] No other witn ess was called on the part of the dins-H imo nt's s. ni. ' , The ATT OI IIIIEY-GENERAL rose to reply. NW" le d the attention of the Court, lie hoped for some farther indidge de el , consequence of the manner in which remarks had been. , l a rl t elks period in which lie had already ow i l' oe , in his client by the Learned Counsel beside him. He wouisyr rou ght was it by the directions of his client that Mr. Scarlet !Ls° ", ( „a tin him before the Court as little better than a Mier : 1 ; 1100 u ideot ? If so, lie could be fully answered ; for h e ; terests' how steady a n id ea his client had of his own 'a ri a fur was a- young since he was satisfied to lose his character in the a , , 1 4 .• the sake of preserving his' torne ' property. Was there, he i t o ir Sir, y-teeneral) would ask, any thing in the lettel a . ,e the man who was bred up Mayne that could lead - the Jury to suppose him ignora a ` i , ( 3 , he l course he was pursuing? It should be reinembeer,..',l,eool, where, It was proverbial, at: seventeen a youth we e 2-- - „ ", . e he of a man than at a much greater age elsewhere, an d ~".1 " - Lra fte/' at Eton, a rtthi rn a' — more at an early age begins to have manly 'ideas. 11 e ", i ,--- Or wards sent to the hest of all places for receiving a c i P e n " C o Cation of a man--a public University . From --- ,,,ai ce 0 ' proceeded to Paris, where lie passed a ceinsiderable r" s l ? , lie pursurta 0 his life, and on his return what was the course P i a he live retired in the country ?No; ho re-aided ° tu rn i f~ 4 It w Ye it Idt cil he o 7; Per Atti Iner de.xt