The British Press; or, Morning Literary Advertiser.
London, England, 1824-12-22 00:00:00

THE BRITISH PRESS.

•
thought that Mr. Rayne woold hart hat Intone to ren,..at on
conduct, that the least lie could have ,!.ere would have kin M ofhur
mow apology—to give Amite explar.stion to her be brol so cruelly
wrings-1 Ilat, no; nothing of the stet took blare six !mg
days Mil this voting lady wait in anxious expectation of receiving
some communication from Mr. Ham% but site received tune. .%t
hoop', on the sixth day, alit aeldnasyed hint a le:ter. to which he
atoll call the particular attention of the Jury, because it de,rilti d
the lollop of Alias Foote et • nineh 'nom f,ethle manner
than he (the Attorney- t Several) Could possible describe them.
Miss Foote knew bow's:irk conduct would be bruited abroad ;
al•e telt the severity of the blow thus bare: nut upon her, and wrote
hint at the expiration In thole sums I—" My dem Ilayne, for six
long days and tedious bights have I been in Initial, expect:vino
that pm would have redeemed the promise which you solemnly
nsult. me." The liter then went on to say, that she was at a to.,
to account for his extraoniinary conduct ; but," said the letter.
" I have still such faith in your honour, that I cannot bring toy.
self in think but that your present conduct is not your own will,
but the result of the power and inducitec vegich others have over
you, and that although separated from mu, man heart ar.d thoughts
are null with law; pray judge for yourself 1 Gracious God ! can
to dearest Rayne he 'imitated and governed by the restraint of
sobers ? Remember, it was at your desire that our intended nup-
tials were announced in all the papers—reoollect also your ruling
words when last I saw yule—reme• her those words were, • May
God atril:, rue dead, If ever I consent to separate myself tram
you !' " Alter Mlle other remarks, the letter concludes dots :
" Farewell, my dear lloyne, and believe in the afrection of your
faithful attached Maria." In reply, Miss Foote received from Mr.
Rayne a letter:—" My dearest Maria, you are perfectly comes
when you say that my heart sod thoughts are still aith you." It
then seated, (tint the world is a .cansorious one; that ho was di-
vided between lova father and esteem for his friends; it then went
on to state his re et that their " tWjucky stars had thrown them
together," as if' he was not the Ilersno alto had so eagerly
sought Miss Tome, and this Wangs letter concluded by stating,
" I stn resolved to sacrifice friends to affliction ; I cannot, will
not lose you."—After a short interval Mr. Rayne returned
to Cordon, and called on Mies ('note in lienpel.strect; they
beeline perfectly reconcile,' to earls other, and the lath of tteo!ember
was bushy lieu for the day of their. nwurlage. This fell on the
Tuesday*, and Mundt/ was Rood rot she mccution of the marrtsge
settlenunt. (./n Saturday Mr. Mayne, accunipanied by Mill
IPOO.."'S father, went to !Wore Commons, and these ;smeared the
marriage licence, which Mr. Rayne himself delivered into the hands
of Foote, and solieited lave to wait on her the following
morning. Instead of doing PO, a gentleman of the name of Alan_
ring called at the house of Mr. Foote. and brought a letter with him
from Mr. Ilayne to that gentleman, which letter statist thro he was
so wretched as to IN unable totall himself, hut the bearer would et_
plain every thing, and tinselly runcloded by entirely breaking ar
the match. Thus, then (contarued the Attorney-General) a second
tore did this gentleman think lit to, turn round upon this young
lady, and expose her to the scorn and indignation of the world; ant.
could he (the Attorney.lieneral) make use of language strong
caough to denounce the conduct of that man, who hail thus cruelly
trifled with the fel-lingo of an unfortunate female ? The conduct of
such a person was as unmanly as it was cruel and oppress:ve. Miss
Fes me wrote again to Mr. Rayne, in which she stated that his am.
duct towards her was as mystedous as it was cruel and unjust.
After ibis, Miss Foote received froin Mr. Mayne another letter, in
which be still addressed her as "My dear Maria--IVe know each
minr well but with all my /snits, you have a regard for my
honnur—my attachment for you Is unabated. I entreat of you to
want err an interview at any other place than lieppahotrert." To
this lotto Miss Foote replied, "Goal (huts is thin the way of
provia„.• your lore and regard foe' roe iu To my honour and your
shame lie it spoken, that I Lin now %offering under a painful ill.
mess, brought on entirely by your conduct; but that you are
actuate,' by the advice of had counsels I have no dnuht. I will,
onre more enrseat to see you, but it must be in the pre.
mace of toy Lundy ; if I am well satmeh. on Saturday, one o'clock,
wit he convenient to ire to grant •you an interview." In reply,
Mr 'Jayne writes a letter to Miss Foote, In which he says, that
every line of the last letter of Miss Foutc's was couched in terms of
inveterate hatred, stud it concludes thus:—" Farewell, foe ever fare-
well—Rayne." fly what possible construction Mr. !Jayne could
say that this letter was couched in tenths of inveterate Issued. he
(the sittureer-General; knew not; he would submit it to the strict
criticism of his Learned Friend, Mr. Scarlett, and lie was sure be
would say, float under all the ciratunstancto, a more kind letter
could not In written by a patty flu, injured as Alias Foote had
been. This last letttr closed the correspondence between the
Fortin; but what he bad now related was riot the whole of ('Zr.
Gayne'is conduct: Mr. Ilayne litmew that the manner in which
he had conducOwl Itimatlf had excited public odium against
him; 117141 he therefore, in order to excuse Himself, endea-
voured to make ,he world believe that he had been misled
and deceived by list Foote and her family—that due promise of
marriage had been made by him in ignorance of Alta Footo's
connexion with Colonel Iletkeicy—an 'insertion which was wholly
ionirrro. !le haul himself publialied a letter in the daily papers,
alleging this as et reason for his asinine,, and justifying it by that
pretence—but he would prove to the Jury, that Mr. !Jayne had
• letter fruni Miss Foote, relamiog him from any promise or en.
gagement ;mole by lihn itreatttio the discloaurs of the fact of
bas• haidraginaLithilMon Rodasslap. • alllnellissaw worn
different newspapers deserved t • especial attention of the Jury.
as marking the veracity and honour of Mr. Mayne, and was in
the following terms
" It never was my intention to ham trouble) the pulthe with
any cittumetances which have taken place between 31eus Foote and
myself, had I not felt something was due to truth, in the contra-
diction of thine paragraphs, wlt'uli made it necessary my Attorney
should do, In your columns of Matuday. There I hall 110 MI the
matter would have rested, until the action Mill Foote has thought
proper to commence developed ges i thing ; but the notice taken
of it in your paper, compels on reluctantls', to put the public in
possessionof facts whieh I think will justify nty conduct, iatentl-
ing to hare uiy powers of contradicting such statements to the
peeper time and pl.tre. Delicacy to the Lady would almost silence
on, mod I not teal and know it is so little attended to by, or heeded
on her part. . . _

" Bin tO the point r.--1 was not aware, when I made • proposal
to Alias Finite, that she had ever been under tiie protection of
1:olonel Iterkefil—her father and mother having always uplicht
land I believed) her to be • paragon of virtue ; and hail ten
Colonel Berkeley, in the laver end of June last, in the presence
of James Maxse, Esq. (as the t;tiliniere friend). and Thomas
Hest, Esq. (ss my frinal), owned her having had children by him,
the youngest then nut a month old, I should have been in irlll.
ranee of the farts, until too late to retnere my happiness. If
were to make every other circumstance public' et thts moment, I
should not only be anticipating the defence I have at the approach-
ing trial, but might rather inert...* the anxiety, than relieve the,
floods or Miss Foote's friends." My within are unstrung. Now
a word for .Me. Foote, who, under the plea of purchasing • pay.
mastership, borrowed the sum of one thousand one hundred and
fifty poem!, from me. May i ask (if he is in this country) to what
purpose it has been appropriated, being given to undentand,
that the fear of being called upon to Mum it has induced him to
make • continental tour ? The mention of the above farts v out of
the many,' win., I trust, induce the public to suspend their further I
opinion until the appeal made to the Court of King's Bench is I
decided. And in ilium intruding up nn their notice, I cannot but
column:late :nyself at my escape.'
This article, however, principally referred to the first promise,
from which Miss Foote absolutely released biro; bet lie had no-
thirg w say after he had renewed his propnsab. There wee. how-
ever, one fart which spoke volumes, end evidently eliow.sl that
Me. Ilayne never had the least intention of marrying bliss Foote;
for on the :Id of September, two days previous hi the lint appoint.
ment for the mamage taking place, Mr. Ilayne' eolitator called
on his Counsel, Mr. Scarlet, and actually retained him as counsel
in anticipation of this cause : hoe then was a proof of conduct so
infamous on the part of Mr. Bayne, that no term of ',preach was
strong enough to designate it. The Learned Counsel now prm-
rented to relate the circumstance of an advance of 1.16014 by
Bayne to the father of Miss Foote, for the purpose of purchasing
•• raymastership ; the taont7 was eat ea epptopetated, and when
this cause was commenced, Mr. Bayne having threatened to sell
his estates and go abroad, lit. Foote had certainly very tnadrie-
telly given notice so the party ho'aling the 'Honey, to retain it until
the decision of this cause. lEith this circumstance, however, Miss
Foote was totally unacqualoted and therefore it was sir to be
used to.ilty to her prejudice. Ile had, lie believed, now called
their attention to every circumstance which it was necessary for I
him to allude to. It was right, however, for him here to say, that
during the cornapondence winch pained between the parties, Mies
Foxe had certainly received several presents from Mr. Ilayne,
amounting in value altogether to nearly 1,0100/.; they were, how-
ever, oneolicited by her, and she rather checked than enconnezed
Mr. Bayne in making them. Now es to the question or tirtillasce.
bliss Foote, at the earnest solicitation of Mr. Bayne, hail given
up her engagement at l'ovent.garden theatre, 'ditch was certainly
a very valuable one. She had sold her theatrical wardrobe, and
she had, at his suggestien, 01111CIVII a enrriage, which she would not
otherwise have done. But lie did not call upon the Jury to give
damages in respect of these scrount., but he asked them to give
her a compensation for the lwas she htd sustained by not becoming
the wife of Mr. Bayne. In the tiro place, then, there was the
station and rank in society which that eirniiintanee would have
gti en hoer; there was thee:l,o4l4M. which, under the term of the set-
tlement, would have become her absolute property, in the event of
Mr. Bayne dying in her life time without issue. Now the damages'
laid in the declaration were Ricci /, ; the question then was, would
Miss Foote have released Mr. Bayne from his moonier to many
for 10,0141/. ? Certainly not, or for three times lotion,. then she
was limy entitled to 'veneer to.diy the whole damages laid in the
declaration ; and he now set down firmly convinced, that by the
verdict today sit s would recover the whole nitiount she claimed
Betide all thin, Alit, !fame had been hilt up to pubbr curiosity—
to no email portion of oldiepty ; and us men of eons,' lout to deal
with the cause, he had no &At of the result.

Maria Foote examined by Mr. I/ tt x\T.-1 am the mother of
the plaintiff. I have resided many years with niv daughter in
lieppebstreet. I rt. Mr. Bayne Drat ir June, 1823. on ofea.ho,
of his taking hoses fur my daughter's benefit. My slaughter had
previoualy no acquaintance whatever with Mtn. Mr. Bayne, in
J notary this year. re.iiitsied an interview with my daughter. I
informed hint that she was engaged to Colonel Berkeley, and had
beets so for some time. Ile n tid he bad no ilia Colonel Berkeley
would ever marry her, aid was, therefore, in hopes he could marry
her himself, and would tin so. I told him that her engagement
was of • lieu solemn nature, and timid not he terminated till
June, fur my daughter had resolved an the November previously,
Itting the beginning of the theatrical season, that she 'mild break
oil' all connexton with 'elenel Berkeley, if tie did nut marry her
In June. Be asked if he might lie allowed, at the teratiaatioa of
that period, to pay his addresses to her; I stated that Ihe had great
fai:h is Colonel Berkeley. die dui not tier thin. That knee

:est•el the v.:ry :iext d it : it was d iteil 10M Jan. 1811, ad-
din 111 r. Fot,e, exrcessir.z ernb•iiir: of 3liss Foote, and
.r winning an hitention of g:iinie to the Contir:ent. Another leter,
dated 7di Ftbrassy, saleroom," SO 113 C, was ftCCIVOIL It required
a heck of my daughter's hair. Mr. Mayne was then at Warren's
Itrgent-torcet. I wrote an answer retusing.—iThe letter
ben,: roiled toe, was not prmituted.l—My daughter was engaged to
Culo;e1 Ikrkeley. That was entail:untested to myself In Novetn.
her. The laid lime *IP! law Colima Berkelry Ras in Fehrustr.
tan the Nth of Jure Mr. Mayne came to our house, and imiteedi.
me!, made proposal), fir my d cighti r. lie Ira. not apprises' of
Cohintl Berieley's hrcaki oft. tic said that she had aceepttd
his proposals, and that kul 'mule loin, the happiest man it: the
world.

fl.Jteta were handed in and identiaed. They reveall endured by
3lr. ronte. They were read. The Gra* was dated the Lith of
51117. 1821.

ter of the3lou of May was then produced from Mr. Ilayne
to Mr. Foote, in which he en'reated that owl-man to put an end
to the uncertainty yelsich he felt, and observed that Ms fnrtnne
and life depended upon the decieion. In another part of the letter
Air. !Jayne exprease% his alarm, on reading the loAn Ralf, to find
that the Ilanageta of Covent Garden Theatre intended to prolong
the reason Mr. Mayne, its this letter, urges 31ias Foote, as she
was then a free agent, having ceausel all ocumunievinn with Col.
Berkeley, to give answer. lie felt that Colonel Berkelej had no
longer any claims upon her, and begged her and her father to
believe that she bad nut a inure ardent and affextionate admirer
than himself.

Mn. Poote's evidence was then resumed. She vetted that on the
tath ofJune. rifft. Mr. Ilayne had mode an offer to Miss Foote,
which was accepted, and that en mho fAlowing evening an ap-
pointment was made for him to accompany Alin Foote and her
family to the O'kera. Mr. Ilayne, oho was about to proceed to
the country. staying one day longer for the purpose of joining this
By By Mr. OrtairsT—Diti Mr. Ilayne accompany you to the
Opera ?—lie did.
Whilst you were in the hot did any gentltman enter ?—Yes,
Air. Maxie entered, with a iniwure from Colonel link/dry i in
conniutince of which Mr. llayrc quitted the box with Mr. 3laxie
and Mr. Foote. jdr. Fla no apprized in of what had transpired,
to an appointment arid on the evening of the following day we
received • note from Mr. !Layne, dated 3unr ?dt.
The note was then put in, and was aa follows—
' Mr. aspic beg, to be utidentood, that under no circum-
stances whatever can any communication b,t proper on the part of
Mr. Mayne."
Where did you nest see Mr. Bayne ?.
following Monday.

'—At Marlborough on the

A letter of :Ir. flayre, dated July 4. was then produced, pro.
posing a meeting at the Castle Ina, at Marlborough. •
On the sth of July did you and your daughter. in pursuance of
that letter. meet Mr. Bayne at 31arlIforough ?—We
Bid Mr. Bayne then give you any account of his meeting w:th
Colonel flerkelry on the lith ofJunc ?—ll e
Did he state whether Colonel Berkeley au accompanied by any
friend?—Yes. Mr. Magic.

And did he any that he was accompanied by a friend !—Yet. r.
nest.

bid he state what Colonel Itclkeley had said ?-11'es. Ile said
Colonel Ikrkeley had intionicri I hat my daughter had had two
children by him. He said that Colonel Ilzrkeley having det.anded
his intentions respecting my datighter, he hail refused to give him
any answer. thinkinl mlonel Berkeley had no right to demand any
explanation from hi nof any king,- We slept at ltlarlborough that
night, and Mr. Bayne went Lack to Aulderop. Mr. Bayne
at our meeting, that when he refused to communicate the nature of
his proposals to Colonel Berkeley, the Coloocl retired with Mr.
Best, arid related to him the circumstance of the children. /Br:
Bayne said if Its had been aware of the nature of the communica-
tion, he should not have called upon Mr. Iltst, but upon a family
friend. Mr. Carter.

Bid 'Our daughter communicate to Mr. Ilayne the nature of her
connection with Colonel !teak(ley ?—Yes; and showed hint hours
from Colonel Berkeley, in which the pruiniges were wade to lice the
Christmas before.

Did any thing paw that evening .respecting her return to the
theatre P—Yca. Air. Bayne pariicularly requested that she would
not return ; and she %Aid that site had no resources whatever but to
return to her protesiodon. Air. Bayne requested that she would
allow him to be her banker. and on no account to distress herself
es to her circumstances. This was immediately rejected, and Mr.
Ilayne was informed that she came to Alariburough merely to vin-
dicate herself; anti to explain that her declaration of her connection
with Colonel Berkeley was in train to be niallu before Colonel Ike.
keley had seen him.
Ihti Miss Foote answer the letter of the Allth of June P—Yes, be.
fore the meeting at Marlborough.
A letter of the lit July, from Miss Foote, was then rroduced,
dated Wednesday, stating that she had received Mr. liafne's let-
ter, and that she could not but imagine that some treachery had
been used to cause such a letter, and begging that an explanation
might be given. lice letter then alluded to the money which had
been advanced to Ler falba. and desired that the circumstances
might be explained. It concluded by paying a compliment to his
own honour, and attributing all to bad advisers, with arequeat that

her ; and particularly with a reitsae front all the engagements into
which he had entered with hat

..... -
Auonlner letter, dated Saturday, was produced, in which Miss
Foote ilesirtrl an interview to prove that she never did intend to be-
come the wife of Mr. liayne, wittumt find explaining all the cir-
e otreitances of i.er conneation with Colonel Berkeley. and stating in
warm terms, the agony which she fah at the conduct acme, who,
under the mask of nobleness and generosity, bad determined to
make her the sacrifice to his revenge. The letter concluded by pro.
posing • meeting at Marlborough, or any other place which 111 r.
Bayne might appoint.
Vas it intended that such a communication should be made?
—Most undoubtedly ; and I was to have matte it immediately on
Mr. llarne's return from Burdezop.
.4 letter, of the Nth of July, from Mr. Ilayne, was then put in,
addressed to )lieu Foote- It stated that he had received a letter
him his friend Best, inclining one from Colonel Berkeley, who
fancied he hail a right to point out what he ought or ought not to
do ; hit that he (Mr. Bayne) fait that Colonel Berkeley had nu
right to interfere. It concluded by stating, that no power on earth
would induce him to act contrary to his wising.
Another of the 13th of July was produced. It inclosed the copy
of a letter front Lord W. Lennox, and said he would set Colonel
It. at defiance, and prove to the world that he could think and net
for himself. In this letter Mr. Bayne advised her to give lip the
children, as Coliinel B. had a legal right to claim them ; and to
quit town for a time, to avoid the scene of her trouble. The letter
concluded by entreating her not to return to the theatre.
The letter of Lind Lemont announced that Coilonel IL's opinion
was unaltered, and that if Mr. 11. broke the pledge by which Col.
B. considered him bound, the coorequences must rest with him,
but that Col. II considered that all Ids right to interfere would
cease when the children were delivered up to him.
A letter of the 15th was then read t this letter was an Inquiry
after her health, and entreating Miss Foote to he tranquillized, and
stated that lie, Mr. Bayne, was prepared at all points to resist CU.
lonel Berkeley, concluding with assurances of warm aa•etion and
interest.

Another of the lath, from Mr. Bartle to Min Foote, in which
he expresses hie concern at not hearing front her, repeating his as-
surances of aftertion, and entreats her to make him her confidant,
and he would hereafter prove that he was worthy of it.
A letter of the 17th of July states, that Col. 11. had caused him
no tniuhle on her account, and regretting that she felt it necessary
to remind him of the pure sentiments which he had ever telt :Or
her, and trusting that tile arrangements mink! be soon completed
with Col. Berkeley, so that she might grit the stag,.
Another of thu 21st acknowledges the receipt of a letter from
Miss Foote, and expressing hits satistiction, as hc faked sonic ene-
my bad poisoned her ITJ;fla towards him. In this letter he tcprats
that his love and esteem are more than he can express, and ear.
neatly hoping that every thing would soon be manages! with Col.
The letter concludes thus—" Ile appeased, and all will end
• natural death?'

A letter from Dunkin() of the 23d July expresses his desire to
are her. and mating that the time would pass hut slowly until ha
had the proniimil letter from lice.
A letter of the 28t1i, stating that he would call at Keppel-strett,
was then produced.
Bid Mr. Bayne call in Keppel-street that evening P—lie did.
lied the arrangement bctwem Colonel B. and %less F. taken
place, and bad a band between Colonel 11. and Miss F. been then
executed P—Yea, that rely day.
Did you show Mr. Bayne the bond P—Yes.
(The bond was here produced, dated July V 6, 1821. Aria stat-
ing that Colonel Berkticy was the father of twn children, which
had been delivered over to Colonel Berkeley, to he continued with
him, Colonel Berkeley undertook to support. provide fur, and main-
Min these children: /i.e. No more of the h..rd was read in Court)

Ahler.mHi.kr:ra:intyh;Th;nomiad P.—ltoleyloomkreddaint
gthhniniugb.e_ree,
but this
was declined by my daughter on the ground of his previous con-
duct. lle then CIO that his addresses to her lie.sl always been ho.
nourable, and that his family were the only difficulties, on account
of the declaration which Cul IL had made, hut that his feelings
towards her were just the same, and that we must have perceived
from his unannor at 31arlhorough that he meant so marry Iter.
P What answer did Mile Foote give to this ?—`sslie said it win ne-
cessary for her to decline hi. visits; upon whirl' he felt himself
hurt, and said that notwithstanding all the eircumstaiscra which
had passed he should certainly make her hi. wife; and he first pro.
posed to marry !see privately, Lut afterward. fixed to be married on
the nth September. On the following day he said he would be
married on the same day as his sister, the doh September; but
finally settled that he would be nr-rriel on the Gth. Two or three
days afterwards he left town for Itunlerop, my daughter having
considered it snecessary that hi. friends should be apprised that his
intentions were honourable, to which he replied that he would give
her • letter to show to her friends, and that his own were already
apprised of his imentions, as he could not keep it a secret if he would.
I went with my daughter to Southampton, in August, and thence
to Path. (In our way we called at 3lr. Itsymea, and lunched there.
Mr. Rayne came to Rath with us. We returned to town in n few
days aft,w, when Mr. II syne proposed that a friend of his should
attend to prepare the nteessary settlements. lie told me he had
engaged • .Ir. Rut a lentr of excuse afterwards tame,
dated :flat .lu,;ast. !The dstter said that Mr. Robins would be
substituted I r loosi (hi Fnlar. 341 September. Mr. Ilayne went
with us to Vast s'tall ; we weni in the carriage of Mr. Ilayne's
mother, Mrs. l'arier. At Vanillin!l he said his moth-, was won.
riled lie rie business, she having seat her canlage for the party.
Monday, the Gth S.mtembsr. was appointed for the marriage. On
the wonting ef the atb, he went to Doctors' l'Aintniono, obtained •
lieen.se, and en lets retort, in my pretence. he showed u w toy

daughter ; indeed, he gave it into her ponersion. This. I should
say, was *ask same ocession. len the ereelog of the thl, Sept. he
brought my desighter a ring, end promised to do throne
with Mr. MI, tee attorney. Mr. Gill calm hone •sth Its ter ri
the Haymarket theatre. and remained ell nehrly mie in the troming
At parting with us, he std be shOULI Wall again on the Illoneao
morning. Every thing was ready for the toarriaoe, n.. 4 my
daughter's clothes pocked in Mr. Ilayne's Imperial, 191‘e rase hsr
theatrical wardrobe to d:ftereot persor.e. She resigner: bet • epee -
mom at Mr. Ilayne's requeo. I expected Mr. Ilimec tie the Sill.-
day morning, but Mr. llebh rams in his place. and stater': tea: be
watt to Bryanston.square, where he ten:eine,' till atter ore o'clerk.
and that tame of the ellenrr party had locked him up; that
they then pressed him to take• n ore wire. amen intro/ ho 0..• rub
feet of his marriage. They snill every thiog slot:nye of IE9. 1'•0'•
and continued drinking till five o'clock in the w one •,.
he was carrier! up to rest. At seven o'clock in the name
the party still attaeLed him, and extorted firm bins a s •-• of ;no
missom thnt Mr. ''ebb ghoul,' poke same meormnicrsion to 51:•
Foote. %Chet endearourimo to lease Imog's Burl, the eei.er psi
bit arm strove the Paviage, andwoultl not allow hip, to cos. If
still, however, said that r.moing •lictill keep him: farm Moo r,
Mr. Bayne raid he would be et ma heart* et r ine 'Ochre the toe'
morning (Monday:, and desirel that 31r. Gill might .• DUCT:4.
ante with the settlements. 31r. ti ill did stierd, and Mo. Ilnyr,
said I is wuuld desire his tervant to call him (Mr. ti. "at tie o'clock 7
but that he himself would be with us at sine o'clock. 31o:ulay
morning every thing was ready, tut Mr. liars.- did nut make ire
appearance. and no letters cause from him. Messengers sere se.
to Long's Hotel and Bryanoona,quare ; mat at three u'el I;: tic
afternoon my :laughter wrote him a letter. requester* no 7ttia-
ticn of Lit not coining, and delaring het great td, she
should dem from, or see Min. A Isnot the end ofsorporrilo r, I nee-.
saw Mr. Bayne. (In the Ilan septeseher, his daeges, r agar
wrote him. stating her surprise at his enndirt, i.i a. me es -
cutting it as nut originating with bine:elf. lost product:l tOo in_
fluence of interested persoes, and eautie.:'ing lan: 0!, •
'Worts. She trilled upon Isins to foldl his frourise. an.l oir.O b. •
recolleetien of his Ism parting words. wlrefi were, *. G...'
strike net dead if ever I desert you." To this kit:* ,•
replied ot, the following miming. still a•serting his
her bat aulding a regret that Owe unlucky suer imsd seer thro, •
then:Ong ther, and that pubic opinion wen agninot tioii. o•••••••
On the 11th Septrinlier tut dasigiate wrote to Ale Wec-. ao
preraiag tire preornsance of his promise. and reploTatil ,n
siren his right (darting ter himself. Ihi the lath
!Jayne replied, by again proserthe his tins'', ke.n love. On O,
16th my daughter sent an *tower, declaring her moan% e'J aen:.-
peersisig Mr. Bayne not to irjare his own good rime by ellowie.-
helmet to be dictated to by others lint like an bonearsh"r "An I'.
act for himself. and vindice,c hie character. On the nen;tl..r. Mr.
Bayne wrote from his seat et Bordeeor, demo:mono that e.;
!nisei dream h f pieasere would ever he realised. eht the 2? 1. so •
he again wrote to wy daughter, requesting her, wielo she
the past, not to be unmindful of tin:. future.
th, rest number of similar letters, which had passel Lettern
the tattles, were pat in and reed.]
Wittiest.—Mr. Mayne emu to our berme on the event: ,g of !no
234 Septernher ; on etitroing I'm room, he requeeuxl to sea my
daughter, and be did see her ; they were together for a for mo-
gents. At'hen I resumed, he gave me his hand, end sal Inc
reconciled himself to Mier Foote, and begged her again to mem a
day on whiel they should be married, for he had tent Wows ...t*:tom
the party who had taken Itlin down to Barden:l.. He said he 4r.,".
been very much imposed upon, and would ceriainly chimp Li:
household. Ile also a ad, he would leave hie eoeque.hoo!, 'Mo.:
Foote's hand% to prevent I.ia money being iavolmd as it
been. Ile tittered to write to any of not friends. ol say he had r.i.
newel his enga,:einent, and also to have it put in the eewsone..• o
(In Saturday, the rah September, ha homed me the
prcaineed. Ile. Havre wished Mon lay to be named ;
daughter said it was an unholy day, and lite! Too-Mato
(sill wee to hare mot hint on the Sett:Mee. et twelve o'cleOr. O.:
Sunday Mr. ',sync spent a part of the rimy woh my dimghtes. 31 r.
Bayne did not come ea the Monday ; but a 31r. lilanwies 11,00,74,
Ol• a letter addressed to Mr. Foote, statiog that he (Mr. Woo
was unable. front family influence, ant! other matters, to-I2Vo, in
his engagement. On Sunday. the 24.1t1r. Mr. Bayne tEd r e ari.
pear, and on the night of the 47th, about Indfomst nine or ti •
o'clock, he sent us a note, acknowledging his faults, and reeessti•
an interview anywhere but at Eeppeloitreet. To that r. , muse r
we. sent: but a verbal inquiry, to know where a letter not id
Mr. llayne? On the 311th September. 31:se Foote sumo to I ..-,
and chnrged him with sacrificing her, and also his own lornoon
gold name, in thus, time shier time. fixing a AST for de r r
riage, and as repeatedly breaking promise. To 0,4 *Los-Oa-I
sent a letter, to which he dee:tired he never i:.jured her. asel
ha-
racuerised her List letter as breathing enmity and Lamed.
Cross-examined by Mr. SCARLZYT—My daughter eel
years of age last June. She hat been et Covent-garlen Tlosor
for tea years. Mr. Foote himet.lf was the manager of a thee.-e a:
Plymouth Edon we came to London. ll'e lived at PITIMII • 1
16 or It years back. Mies Foote only played it, her I,ther's
theatre. We then went to Exeter. whore Mr. Foote Yew rn hotel ;
that is, he was a conductor of it. 1 looked after the ao noire.
My daughter was then in Imndon with her rather, and tomer:in ce
with me at the hotel at Exeter. Our homte was tear fall . fur ftcr,
enratehelemis lodging in the bonze of a friend. My birdseed be.
came a bankrupt at Exeter, and line not sinee eierivel hisoutiO„
tae. We were Ins Clammy elk all the Hine. In (614 we cam
to London. My husband never had any money from Colon n;
Berkeley on his Oast amount. Mr. Foote beealsre rms iotilee•o
with Mr. Bayne, and wax with him for some tine Is v atf,,dshitc.
When Mr. 11. came to town he visited at our hIY.P.r. I understreol
him to be a young man of property, hut I do not know wheher
is expensive or prodigal in his habits. I don't keine iti,t Tin.
Bayne went to France in 11123; and I enrollee* some ohm:, z...c!
shawl. There was no commission for a large black or entrocseal :
veil ;he ordered no silk stockings. In ttooberOlOZl, we r, ire I
to town, and, during the autumn, we about three time, w
!Layne. Ili" manner would not show that he adminsl M Cot
before January, le4; he had no correspondence I: ith 11,-r he •••J
that time. I remember being robbed on um way to town ta-t .•a .
I dill n n communicate it to Mr. Bayne; perhaps Inv him .luvol .1 ~
In May, 11124, tny daughter was at Tunbridge Shills. •t,
London in March ; we continued there till 24th June.
that time there was no carrespondenee between Mr. Ilayso an my
daughter. Illy daughter has generally good health, and stn.
to Tunbridge Wells ti lie In, and receive:l levers nu Me,. 0.,
My husband did not act for my daughter, nor do I komo rho,
mule any arrant;ements with my danoliter to tell Mr. If nye. :I it
was in the country for a pulmonary complaint. Mr ho omit Old
write to Mr. Rayne. I never assigned soy inuon I,r i'
daughter's absence. I answered the letter of Mr. Ilaymo
he asked for a lock of Miss Foote's hair, which I refused.
there is a house, No. ill, Illenriettaatreet, Caveat-gar:lce. t..
my daughter foe me, in the year ittn. I have it moo Ti,.
was taken for the first child, as we wished to rooted it. Al.'
not Alit to pay for it ounelves, and so she Reshot:l on. I k
Mrs. Mason ; she lets the house in flenriettaooreet.
present made my daughter was after she was enpaged to .o.
to him. I%nd then she never had money, prevents. nor ant
oleo. I ',eve had them valued, as reports were ehroad, and ti•
under 1,011:V. Before I went to Marlborough I hail ream, n,
lieve Mr. Bayne admired my daughter, because lie relrred to oo
her. I cannot say that I ascertained he had a violent p .
ray daughter. My daughter never SAW Mr. Ilayne but an roe ;..
sconce. aly husband was at Hanmigate when we went to :Ie.!:
rough. We only wished to set ourvelves right with Mr. ,
I did not consult my husband on the necesrity of our joints• v. oi
daughter always kent copies of her letters. I saw cr....). .one
them, and apricots' them. My husband never stir ;
were all aubtomed to me before they were sent, and 7,p
made suggestions. I wished to have a letter from Mr. lie:e
the renewal of his oiler, lest, when he visited us, hi', viqits i I •
be misconstrued. We were not visited either the mete, -ir :os
sister of Mr. Ilsyne. I heard Mr. Bayne had term o
Eton, and that he was three or four years in France. In •
her, lUYI, lie became of age, and Mr. Foote went thorn to oevi •:.1.
shire to nisumemorate it. Miss Foote visited Berkeley I
I generally went with her, and staid with her. In Felon re this
yu-mr we were there, and then went to Tunbridge WON. tv:
were at Berkeley Castle in September; we always writ "-crr
that tint.. In 111211 or urn, the 11th April. my laugher too; t
first child. My husband did not know of either child ti't air
they were nearly born. Colonel Berkeley unit Miss Fon, ve-b• .1
and I showed his letters to Mr. Bayne; I was bound to rho's: 0000
to him under all the cimmutancei.
Mr. Whine ermined by Mr. Pharr.-1 knew !in dt eve
and remember his calling at my office to see Mr. Bill e • to • •.
ject of a settlement upon 'throat:rage with Mies route. Mo t •
gave me instructions- fie told nie he had a large (woo:- v
the IS'est Indies, btu he would prefer having the to-Wooers et te
English funds. Ile said there had been 1117,4410/. in re? s ;
Chancery, and that the Lord Chancellor had given hitt,
during the last year. lie Rohl the annual produce of thin 1:
die property was about 1.00W.a year. 11, then a.ri• •u.
ictletetent he ought to make on Miss Foote ? I rued .-
not presume to tell him, but I wan sure he would net •• •
talked of 40,000/. and I said I thought it woe ea;•e,d.. .
.
Mr. Gitl then suggested the norresity of a provision tit 3;
in ease of his death. Ile named 20.00011. Ile Bpi* •on •
rerkeletr's seduction in very strong terms ; but adOe 1,• • • ,
at all altered his mind, and he was quite sure 311.1 • •'l..
was lIIWANTYPteII. His intended marriage appeamd ihtt c .
that day, and he complained that his 0111130 was hailiy ;• d.!
invited to the wedding, which was to take place eon t• ? .
tember ; I attended to witness the wedding ; • .
in &plain white drag, but Mr. Bayne did nut appear.
Crone-rxamincd.—The interview I speak et was 0.,. or
with Mr. Bayne. I put no Tomtits' alsout Mr. Ile: t
nor suggested to him an suarney ;he knew Mr. C.:- •
solicitor. When the settletnent was completed, tes, •• •
be tranfcrred in November, it bring hi the Court u. ;'' ,•
mold not be before that time. I did WI( ask Mr. 11,... .• •
•
did with his money ; it SAS my first sequamtane- •.
Mr. 144:11ULETT—IIid you ask Mr. IlaTtle what •••
this money in the C met of Chancery ? •
Mr. Robins—lt is rot my habit to ask a gentic:n.r,
qmeslions the fleet time I see hid). (.t laugh.)
Crossmuuninetion consinued.--tlirs Foote telt me M: h'- ' •
wished to have his intended marriage in the newome i. eos ,t •
request I put it in. I never sew Mr. Bayne so os,
stated only as a literal to Miu Forte in gettMo lip tote rue
Mr. Gill examine.l.--I attended at 31r. 16,bies's to et, ir, a
dolt of a settlement in a marriage in the usual writ 1, r. i 1 r,
appointed nie to :all at 2P, Upper limsrcnor.stre.o. WI the vent
Frid.sy, and I punctually. waited •on him. Mr. Wiliran. Cst or,
his then attorney, wee with him. I delivered the draft, ist.d hm
said it should he again with me in an boor. It sae not resumed,
lawyer, till half. past eleven &cloth that night. 1 wombats tee tic
the afternoon ttaturday to Xis Foote', Won, sod l torsi mom/

;i F . 4
If ,

•r^ ..

;11 '1
o

I

v

i

t 4

t.

I .3.

4 ..‘

'V

ITS

f~~~
~;

~.

rr!

I
' It

;

t/e course of that evening to have the engrossing ready. No alters-
tiun was made in the draft when it wan returned. I nltould add,
that a covi.n.dit for limber assurance wan duitted. Mr. Myatt did
ta,t attend un the Monday. I was to have attended aftair. on the
•:;th &member, but Mr. Mayne did not make tun appearance. I
have the draft. I attended about the 2844 Srpteitiba, to retain Mr.
b‘sriett for Miss Foote.

Was a paper produced to you?
Mr. SCIIILETT-1 object to the question, and I beg lave to
say, that my clerk is subpurnaed bete to-day.
The LORD CHIEF Jurrict —lt to quite congdential. Every
abiug that pure. in that way is so, and I elan not receive it in syn.
41111 CC. I say this to relieve gentlemen en that suliret.
Within cross-examined-31r. Bayne had nn professional waist.
acce at the house of Mr. Hobbits I know Mr. Foote is here,
though I have nut seen him. A prapoaal was made by me. on 31iss
Footo's authority, to hare the LIT AIL deposited u a security in this
cause. The proposal is in writing. Ale. Bayne requested me to
insert the mouse of S 1 r. Ilest as trustee. There were taus in
the deed of at tt!einent of bar of dower.
Hubert Pion exalt:Mid. —I ant a clerk at lute 111'weting Post
office. On the link October, a paragragh irons 31r. llsyne appeared
in that paper. •
Thomas Ikt:en deposed Mahe same paragraph having been in-
barred hi the Mora*: !tread. •
Mere the case fur the plaintiff chimed.
Mrs. Foote, called by Mr. SCAPILETT.—A handle of letters
was put into her babes, which she admitted to be in the Land-writ.
ina of her husband.
Me. SCAittaTT—fternre I preee•fi to address the Jury, I must
say that I hive many witnesses to eramine, and many letters to
road which wiU occupy a very amsidurable
The Lora en's) JUSTICr —I think we can get through the
case to-night.
Mr. Scan LETT said that Tn this case he had great public preiu.
dice to contend wifi, and a vary celebrated actress also. Miss
Foote kept copies of all her letters ; not so this extras again young
man, who had nriiher copy, tier urentory of what he wrote, and
which Ought hove been now of great assistance to him. Ilia Learned
Friend, in opening this case. And many advantages; he had mar.aged
the case with great policy, but he (Mr. Sr'. nett) doubted if, with
aI.I hit talent. his client would rot produce a greater effect upon the
passions and feelhigs of the Jury. Such was the power of beauty
mat seemoplishments—aid such was the power possessed by
Plus Foote, that public prejudice was against. his (Mr. Scarletra)
silent; sod that public prejudice, raised and continued by that
lady's Mewls, they still further thought to propagate. The
Jury mold not have felled reniarkiug, in the tidies' of his
Learned Friend, how much he dwelt upon the conduct of a
certain individual, and with what an air of vehemence and in.
dignation he noticed the conduct of Celurel Ilerksley. For the
fist hour of his Learned Friend's address, he (31r. Scsrlett)
scarcely knew whether he was Counsel for Colonel Berkeley or
Mt. Bayne; for though Mr. Ilayec el...et! 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 'hued ; and mark this result—that
Mr. Bayne was to pay the penalty of Another topic he
must advert to; and that was, that has Learned Friend almost
eulogised as virtuous, or sought to excite compassion fur as
venial errors which, in (burl, of Justice at all events, were con-
sidered worthy of the highest reprobation. His Learned Friend
had glossal over a course of life, which every tither, and every too.
they, and every respectable man in society, was hound by his obb.
gations to that society, to characterize as immoral. Ilavin,,ir stated
so much, it would his duty to exactioe the evidence already sub-
mittal to their mace, stud then to lay before them ether evidence
necessary to the defence of his client. lie hoped, that when the
Jury came to estimate the damages, they would not estimate the
ne.:iirding to the City and fgvorai:ce of the young man who was the
el.%••111%11,t in this case. but according to the drums of the lady who
sass plaintiff; and then they would not allow her popularity as an
actress to operate on their minds, so as to induce them to give one
(soiling more damage% to her than to ashy oilier who came before a
Court of Justine under tistrerent citeuristancts. The young matt
for whom be (31r. Barlett) appeared, very recently became of age.
In the year 11123, lie had the good fortune to beeline acquainted
with 131 r. Foote, whom he invited to his house ha Staffordshire.
This led to an introdt.c :ion to his daughter, which gave birth to an
attachment, and ended in an offer of marriage ;fruit) Mr. Harm to
Miss Foote. At that time the lady was with child by another man.
Site afterward* went to that person's horse, and remained there
some time, 'skive her father and her mother with her. Then, as
En appearance must betray her indiscretion, in the month of March
• journey to the country was proposed, and in the country she was
delivered of a child. On the 221:11 of June she returned, and an.
oilier promise of marriage was made, in the presence of the good
mother of the lad). Soon afterwards, !amerce, a complete dia.
revery took place. stud Sr. )Myna, who could no linger remain in
ignorance, flew away to the country to take his own measures.
The lady, it was wall known, was older than the gentleman • she
hail had tern yes' practice at Covent-garden Theatre, and four
years' previously at l'lyint nth. She had also borne two children,
aril it therefore could not be imagined that she was inexperienced
in the ways of society, or in the nets of it. Air. Boyne had never
been aware of the lady's visit to Barnard Castle, or to Tunbridge;
it wits true, huivertr, that he had bent informed of certain trans.
actions relative to Colonel Berkelzy. Hut, duntighter abserce front
town, her father had told him that she was afflicted with apal.
nionary com;.l.iiiit, and that nit her physicians had considered the
amill of the res. and the !alpine of her profession at Covent-garden
'Theatre, wis too much fur her health, a trip to the country was
cut Sldered atisofutely necessary. Several other letters were writ.
by the father, Rion informing Mr. 'Jayne that she was better, I
some that alt- was worse. but all feuding to martinets the de. I
I.:talent that her illness was of a pulmonary nature. The Learned i
Coattiel then proceeded to read passages hum several letters to
which be bad mitered.

The A7-10ANIETMENERAL---1 suppose nay Learned Friend
means to prove that those lettery were written with the knowledge
and consent ut my client ; otherwise they cannot go as evidence to
the Jur".
Mr. Sc ARI.T. VT —My IA-amea Friend has put in *event! letters
frcui Mr. Ha) tie ; be senaisily cuusot uncut to object to lies: the
answers read.

The AvrongErAlrontnst.---Every letter written by Slr.
Rayne may be evidence against him ; but this cannot he the case
with the letters referred to by Ow I.earneil Counsel. unless he can
;rove they were TrTitfen with the knowledge of the
Mr. Seastt.r.TT-1 mean to show that a system of fraud was
pursued by the whole ; and that it was tueaht that the
plaintiff should moth by doe deceit.
The LORD CHIEF J vaTter. said, that the letters to a certain
esteit might be admitted in eridence. _ . . .

Mr. Scene rear then yroceeded. Why, be troth% ask. had not
the father been introduced to the Court on this occasion ? %Vas it be-
cause his Learned Friend knew it would have been an injury ? Was
his Leuned Friend aware that the I ktunsel of the defendant would
have put questions to the father that he did not choose to do to the
mother ? It had not !errs thought fit to put that father into the
warless box. to expose him to the danger of a cross-exan•ination.
Ae 13Ir. &orient would proceed to read some of the letters he had
et-fermi to. One of them, limn Mr. Foote to Mr. Bayne, concluded
t•-•• Vow will haven wife the most prudent, the most amiable.
and the best in the world, or I know nothing of my daughter."
was written by the father, who lied taken his daughter by the
band to Hatrard Castle. whit knew of the doings there, anti who
knew that she had bad two children by Colonel Berkeley. It heel
kern already in evidence, and his Learned Friend the Attorney-
General had admitted it, tint Mr. -route had received I,lalol. from
Mr. Bayne so purchase the paymmtership of a regiment it this was
the rest argument in the father's eyes in farmer of the connexion,
at A ut ouurie it was to be considmed by Mr. Ida) tie that the kinder
lie Ikea to the father the mere he would be bused by the daughter.
After the rettirn of Miss Forme to town, he (.lr. Starlets)
would oak Om Jury if they believed it was tar intention to
)knee told Mr. ilayru of the recent intimacy with Culo.iel
Berkeley ? The soother in her evideree had said it was; but
lie t Mr. St-sant) did not believe it, or if he did so believe it. it was
wily that she *rash' du it when the young man was so fascinated,
that, like the animals who are laminated by the snake, he mull
nos help Lilting him her snsre. Another letter to which lie would
erfer..staafrout the lady to.alr. Maytag; 111 this she says that she is
ruts he tenet have heard some things against her; and she then
rays that stir shrill always think him he his goitrous conduct to.
verde her. Now, van Was dila rentroof CaraltiCt ? it could Late
meant to allude to bottling but a few uitlirg presents, unless the
tither and the mother had abated it. The fetter concludes by
wishing tor an interview : she well knew the effects of an interview;
she had ufteu trod it, and she extorted that her victim would be
lest beyond reeemption. It was natural to expect that, front the
profession of Miss levee, she was well skilled in all that relates to
pension ; and in requesting an interview, she had given another
proof o(' her knowledge of mankiod. Every one was aware of the
anttuetne of • woman over the abject she wishes to solute. lie
loW r. ?Ash It) was sure that every prurient man woad avoid what
thestmosgest could not sustain. Ile believed that his Honourable
Friend, the Atturney-tienetal, with greater tete, enntion, and ex-
perienne, than the plaintiff. would hare been stain:end, if he laid
tern eseiosed to such a temptation; and if he Mid dime him die
honour to consult hint if be had been so exposed, he would re-
mind his lan.rnerl Friend of a story mates! by a poet whom he
well Lieu,. It occurred in the Odyssey of Homer, where Ulysses
ie described as wandering over the seas, a faithful husband
of a beloved and virtuuus site. What did he du when he rare
to the inland where the Sirens dwelt ? He dreaded the etrtzt
that Untie voices, and still more their faces, might have upon him,
and he ordered that himself and his comp-minas should be hound
to the aunt. that deny might leek away trio. the shore, and nut see
site objects that ling:it seduce them. lie (air. Seatleit) did not in
the least doubt but that Ali-, Foote conceived her only chance of
honour and tit gain depended open the um she would make of her
teatime ons daring this Interview, and was therefore deeply anxious
to try an experinteAt that had succeeded so often. :she wrote is
soil a ta serer as to wake fte: young man believe that the primary
object at her Ilfe was -her ettaelimetit to hint; that he had made
bet feel for' hint die strongest Fusion a woman could Mel. Not-
ithstanditig her prezioaa intuition, from her intimacy with Col.
kterke.ey, sees eniliar-mred to make this youth believe that be had
suspahl r. ids an rodent devotion one of the Wiest women of the
age. Well, she went down to al eitorong4, and he aceepted her
to her. 'Elicit all lief witchery was renewed,
and then sine worked so much upon his feelings. calling
upon him to pity her, that the ctf:c:s might be easily conceived.
AU 1.11141 was clone to keep alive the flame ; and then altetwardN she
'boor to try an et :scement, and drop the correspondence for •
meek. This drew forth a outnpiniot from him, and when he re.
tanned to town, he ails iiiliwined by the mother that the atrtir with
Calomel. Ikekrier was settled, and he must no longer visit her
denightte. Ile the.. saw that he could no longer visit her on egui
vast teems ; seed. as they speculated, it only made him berme
-.4 a routine of niarriag: was k;aiti made.' lit this

ease, lie (Mr. Searlett) could say nothing in coromenelation of Mr.
'lapse, nothing in a:anent the man who says, " I will merry you
to-mmrow," and with the morrow does not crime; but it should be
remembered that lie was r 66 victim of a violent passion, and that
he kill only reflect and think seriously on what lie was doing, in
the absence of the women who hail such powerful influence over
hint. Ile win a young and an ignorant young otan, who had but
just come of age ; but she was a wornati much older, who had had
much excerience. had borne two children, and who well knew of
what stuff man was made. If Mies Foote had argued as she
ought to bare dune, she should have said, `• here is a young
man shout to take a step that will alienate fur ever from him
his mother and his sister. I pity him and I pity them; I feel
for leis unhappy passion, and, notwithstanding he has made
me a promise tot marriage, I ought in generosity to return it
to him, and go hack to the Theatre that is open to receive
me; I can live in splendor, and as the citettiostances rela-
tive to I blond Berkeley are well known, I cannot be in.
jured with the public as a public servant; I will not then advise
him to neat:ice Ins character and his honour. because he has been
attached to me. IVhat do I lose by toeing lahn ?" 1 r she had bad
a inght to demand damage.. she ought to have and originally,
" make known your intentious to your mother and sister, and let
them call on me. • No Mirk proposition was ewer made; no such
feelings were ever cherished. She was nothing more than an amen
and one of tainted character in private life, hut she saw before her
a nun who had omen, and her family Alen saw him. She had no idea
of happinits or rank; all she sought for in the connexion was
peeuninty advantage. If a young wontan had appeared before a
Court of Justice who could say, •• I hare been the victim of seduc-
tion : I hare been ruined ; 1 have been led from virtuous con-
nexion., and my whole life mum be affected by another's crime,"
then indeed the Jury might I to asked for liberal damages, and
theta it would be a difficult task to address them in nate,ettion.
Hut if the Jury were of opinion that. roan the very onset of this
business, the whole object of Muss Fume was pecuniary adorn-
tage ; that she had no hope nor prospect of happiness ' • then in how
different" light did she stand before them ? If they believed that
it was her wish and the wish of her family to impose on a young
man, who Mil not know the value of money, who was placed with-
out a single friend to advise him, and who afterwanla knew that
shame NA misery would follow an act that he was weak and foolish
enough to contemplate; then what damages did the tolaintiffdeserve ?
Unless die Jury could think that a woman with a tainted character
could descrve all the warm feelings his Learned Friend the Attar-
nee-General had endeavoured to create, the damages the Jury
would give could be scarcely too small. His Learned Friend had
said, that he did taut ask damages from feeling, but es a awe.
pensatien for the loss of rank the lady would have held as the wife
of Mr. Mayne. It is for this that she demands damages from a
Jury, ut the Jury should inquire what loss she hail- SUAlliglell.
Would she have valued the situation in which he would have placed
her, knowing that she had made him miserable, after the first grati-
fications( those pauions of which he had been the victim ? Ia at jug-
dee to virtue to cooeeive duet he could have loved her afterwards ?
No, hut she only said to, herself, " I will keep him hy me, until
I know what bargain I can make with Colonel Iterkel:7." The
bond has beta read to the Court, by which she gave up her chit.
dren to (,lot el rkeley, foe this site might not be blamed ; but in
that bond she does not stipulate that she shall ever be allowed
to see her children again ; and this was the conduct of a mother,
the mother of an infant child. lie (Mr. Samleit) dot not know
what might be the sentiments of his Learned Friend on thus sub-
ject ; but, for himself he would say, that if be had been so de-
graded as to form such a ounnezion, with each a woman, the mo-
ment he found that she was so completely without the common
feelings of nature. as to give up her children without the right of
ever seeing them again, be would instantly have left her. It
should be recollected that Miss Foote commenced early to steely
those characters, and those subjects, that were calculated to
debase the mind ; for even in the part of Juliet there was
mach that a modest woman thould not read • and how greatly
did such an education tend to deprive het of vintirms feelings.
He begged theJttry to view the case as it really was—that of a
young woman who had been the mntreas of another, becoming
acquainted with a young man, and keeping hint by her until that
other MO decided what he alieuld do with her. It was clear that
she had kept copies of the letters she had written to Mr. Mayne,
and this cireutaistante argued strongly that she had reasoned thus—
" The young man well marry me and make a good settlement, or
else I will go to the Attorney-tieneral cc some other able lawyer,
and he will get damages for me." The conduct of the young man
was different ; he heel kept no copies of those letters that were writ-
ten in the confidence of a misplaced love. The Jury could not
ametie.• that if they had been married they would have lived to-
gether six months; even her mother would not swear that she ex- ,
wetted i:; then it' a large settlement had been made, a large
trte ntaintenan:e would hate been a matter of course. l'he
rayramtist be convinced that the only object of the lady was,
if she could not make matrimony of it, at least to make of Is a
loatter of money: that aloe might have one leg, r.s the father had had
I the other. Could a Court of Justice then land itself to encourage
such a motive ? It was necessary ter the Jury, in their conbitltra-
don of the case, to forget that the plaiiititi was a favourite actress.
They might be auueed that her popularity would sot b•affected by ,
their verdict, and they might depend on it that the next benefit of
Miss Foote, at eithn of the theatre*, would be mere pealuedve
than it had ever been. After having had with her father mad, !
2.000 f. of .Mr. Mayne's money, PM only canoe to a Jury is nit
them for twenty or thirty thousand MOM. Miss Foote, it should
be recollected, had brought herself into this serape, and it wits bard.
ml Col. Berkeley had dune her any wrong, to make Mr. Mayne lay
for it. What excuse could she and her tether have for not .
bringing an action against Colonel Berkeley. who had invited
her to Barnard Castle, had there seduced her, and bad a
child by her, under promise, it was said, that he would marry
when he was roomed to the peerage? lie (Mr. Scarlet!) sould
ask the Jury, if they b. lieved that any such promise had b:en I
made by t:ohmel Iterkeley ? If so, the guttural way would have
been to bring an action against hint, and not against this young
man' who, with all his fortune, might be celled unfortunate. It
was his mother anti his sister who prevented him from marrying
Miss Foote • for, had be been sugeral, he would have listened
only to the dictates of passion, and would have married her. Ile
(Mr. Saulett) thought that Miss Foote was fortunate, if her whole
object was not money, in having thus escaped a mauls whish '
would have rendered both miserable. Ile entreated the Jury to
consider this cause as one of pounds, shillings, amt pence, for MA I
it really was. Mr. Mayne had done her no injury. In one leap
to her he says o,never injatted you"— No ! She passed by the
man) who had injured her, and fixed on him. He (Mr. Sear-
lett) felt assured, that on a torture consideration of the case the
Joty retold award her very little damages indeed.
IA variety of letters were than put in and read to the l'ourt.
'They were chiefly thou that paned between Mr. Foote and Mr.
Ilayoto, and between the latter gentleman tied Miss Foote, to
wloch the beamed t 'Lomond fur the defendant haul alluded in the
course of his address.
For the defence, Mr. 3lerceady was examined by Mr. St:me-
et TT.—I have known Mil., Faze 14 twenty-three yeses. I know
:Hrs. Foote ; wto present in the month of September when a meet-
ing took place bit went that lade and Mr. Hsyne. I knew of Mr.
Haynes intimacy with Miss 'Foote shortly after her lust benefit.
About three months since Mr. Foote made to me a comintaniention
relative to his daughter. It was since the match was broken off
Mr. Scastamta-1 shall not examine the witness farther, my
Lard.

IA letter was then put in to prove that the sum of money given
by Mr. Ilayne to Mr. Foote had twin vested in Exchequer bills,
and paid into a lanoLer's hands, subject to any damage that might
be recovered by .leas Foote in her action for breach of promise of
marriage. I
Nu other witness was mailed on the part of the defendant.
The A'ITONNET.Ti pet peat. WOl• to reply. Notwithstanding
the lengthened perniel in w Inch he had already occupied the at-
ention of the Court, he hoped for some farther indulgence,
in consequence of the manner Ili which remarks had been made on
his client by the Learned ('ounsel beside hum. He would first ask,
WAS it by the direesions o f h.s client that Mr. SCOTICIT had brntight
him betove the Court ni little better than a driveller and an
ideut ? if W. he meld be fully answered ; for be hail
show') how steady an idea ti is client had of lois own
interests, since lie was satistiul to hose his character in the
trot) liire the sake of Oieitersing Ills property. Was them, he tette
Attcrney-teeneral) would ask, any Ming in the letters of T.
Hsyna that could lead the Jur: to suppose hilt) ignorant of the
course he was pursuing? It should lie remembered that he WIWI
young floats who war bred up at hum, • public sellout, where, it
was proverbial, at seventeen a youth becomes tonne of a man than
at a muds greater age elsewhere, and where lie at an early 3:4e
begins to hairs manly ideas, lie was aferwartls sent to the brat of
all places for receiving the education of a nian—a public uni.
'entity.
_From thence he proceeded to Paris, where lie paused a
consbienbla pert of his lite, and on his return what was the COUTOe
be pursued ? Did he live retired in the country ? No; be re-
anted in turn at most of Me principal taverns in town, and asso.
elated with men who knew a great oleo' of life—none more so than
his liked Mr. lie let It; was held up to the Jury as une
utterly ignorant, and who almost of omessite fell a victim
to a woolen's facinations. Look at him engsgiug in this cause,
while his attention was constantly directed to those transactruns
in which Colonel Berkeley was concerned ; and refusing to renew
his addresses until all connexion with Col. Berkeley was broken Mt:
It ...Is astonishing that lie shoultlllireet his Counsel to describe
hint as he had done, to degrade him so low in the scale of human
beings for thedied orpose of saving his pocket. There was another
point in the speech of his Learmsl Friend, to which it was neces-
sary to reply. The mother and sister had been stated to be adverse
to the marriage; he (the A ttueney-t /eneral) would admit they were
adverse; but was it theyllwk), on the day preceding the one ap-
pointed for the marriage, locked the dem of the apartment in which
the young man sat, 'mode loin intoxicated, and plied hint with
wont at seven the next morning, for the purpose of rendering him
incapable of pertonming his promise to Miss Foote ? Were they
parties who did ran, or was it done by a set of persons who
knew him to he rich, and who were anxious to share his property ?
—who knew that if he were under the directions of a woman or
sense, this must altogether cease ? hook at the ease as it refers to
the tonne:inn of the lady with Colmel Berkeley. Ilia learned
Friend had charged lints with revealing the nature and circum-
stances of her whole life. But it should be remembered that Mr.
Bayne himself inserted two letters in the public papers, charging her
Maio having tkal two children by lel. lkrkeley. blow then mull
her Counsel be accused of having expelled her ? It should be taken
into account, as a material point, that when such a care ns this
came before a Court of Justice, every art was laid open, and every
circumstance brought forward, that could in any way tend to make
the wrylicant for 41:linage.% less deserving of them. But with the
exccptim. of the single affair with Colonel Berkeley, shunter had
ii.v.noteil no charge against her; and her character 1111.11 been stained in
this teepees slaw. Ile (the Attorney-tie:lmnd), had before stated
that on this aCCOI4III *WI was more au object at conpassion than of

110 Cat ,Prtr.m ; sr
Sete atd.,:al, 111111 d;