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

THE BRITISH PRESS.

blame. She had been seduced by Colonel Berkeley under a pro-
wive of marriage, which had been reiterated over and over again.
This had been stated to 1111 r. Rayne; yet Mr. Scarlet( did not be-
lieve that any promise had been merle. It was competent to call
Colonel Berkeley, that lie might prove this, and not let it remain
an empty assertion alone. Ile (the A tiontey-Geiteral), thought this
a full answer to what had been stated on this leant on the other
side. Was not the lady an object of compaseion, idler having re-
mained for live years closely attached to the person who had ee•
doted her ? It was not until the birth at her accend child obliged
her to see that the consequences would be fatal not Only to
herself, but to her offsprieg, that slat consented to a final
separation from this person. Yet the l'ouneel of the plain-
tiff had described her as a woman who wanted central
affection—without feeling even for the children to whom she had
riven birth. Could it be for a moment conceived that she even
imagined she should be prevented from seeing her enildren, or
that, knowirg (01. Berkeky Ai eke did, she could ever have sup-
posed that he would have prevented it The thing was impossible.
and the idea niust he dismiesed. Ile (the A tiorne.)•li(ueral) did
not think that the aallence h ght forward on the part of the de-
fendant could in any way affect the case, and lie v nulls ate the
grounds of his opirum. 1/id the letters from Miss Foote, that hid
been read, in the least trench upon the case ? Or was the other
set of letters, that were written without the knowledge of Mies
Foote, to induce the Jury to cut down the damage. of his client ?
Was her character to be imp tried, because another person hail
acted perhaps improperly ? The Jury could never make her enter
for an act of which she had no cognizance. But, after all, what
effect had those letters ? Mr. Bayne was made to complain
that Mr. Foote had nett informed him in any of them of,
t the pectilir.r situation of his daughter? But how could he
have done so with any feelings of common propriety ? It
should be remembered that all that time 3.3 Foote was
cherishing the hope and expectation that Colonel Berkeley wonitl
not so ler forget his honour as to refuse to make her hie
wife. If he had an done, what would he have said when he
knew that his secrets had been revealed? Until Colonel Berke-
ky had derided on the course he intended to pursue, it was the
bounden duty of the father of Miss Foote to keep the cireum-
stances he had alluded to from the knowledge of any one. It
was at least his duty to conceal the affair until after the ?3d of
Jure, the day on which Colonel Berkeley was to decide. What
all communication with Colonel Berkeley was at an end, then
ceased the correepondence between Miss Foote and Mr. Bayne; at
least to letters from her, written after that period, had bet, i pro-
duced. All the circumstances that were now known to the
Jury were known to Mr. Bayne. Ile knew that Miss Foote had
bad two children by Colonel Berkeley ; he had read all the let.
tees that had been produced; and after this knowledge, he en.
ford into an engagement with the lady, which hr broke off iti
so extraordieary a manner. The Learned Council for the de.
fondant had made many ingenious, many eloquent remarks, I
but the Jury would throw them aside, to conaldee again
I the evidence that had been adduced ; and if nothing had
been done to destroy this evidence, they would renter) to
the original question as to what damages thu plaintiff was entitled
to recover. An obeetvatton was made. by Mr. Searlett, which was
repeated in three distinct places in his speech, why Miss Foote
had nut 'twilight an action for breach of lutenist. of marriage against
Colonel Berkeley ; but this question would be se: at rest when it
was recollected that she had not the power of doing so after her en.
gagement to marry Mr. Bayne. Was Miss Foote to blame. be
(the Attorney-General) would ask, for being beaittifol, or fur being
amiable, or for making impression on the hearts of those who knew
her ? Was slw to blame evert for going Cu' Marlborough tinder the
circumstane-A in which she was placed ? But was it she who wrote
after her return ? No : from Mr. Bayne Caine a letter—a cautious
and a gearded one, and not the prodnetion of the ideot character lie
had been described by his Learned Friend. Then head' his own
free will renewed his offer, which eh accepted ; the proceedings then
went on front time to time until a licence and a ring were bought,
and every preparation was made. What is then the conduct of
Mr. Bayne ? Again, without assigning any muse—without an
attention to the common civilities that pass between man stud man,
he retires into the country, mid takes no further notice of the lady.
His client had no other way than the one she had adopted to pie-
serve her character ; if ante had not done so, every calumny would
have been out against her (and there were enough already) ; she
had, however, been left this appeal, and he was sure it would not
be made in vain. In a Court of Justice, a Jury was not to award
damages for an injury to feeling, but to do justice. And it should
recollented that Mint Foote had lost the rank acid station in am
dwty to which age nialld have been emitted if she had been made
thu wife of Mr. Bayne ; she Find also lost the benefit of that
settlement about *hell his Learned relend had said so
much ; but it was a settlement made, as hail been inured iu
evidence, by the own fret will of Mr. Ilayne. Ile had raid. with-
out any interkrence by any party—e• My property is so and so,
and I will settle so and so on her." Ile (the Attornev.lieneral)
had now gone through the whole of the case, and he felt assured
that the Jury would do *hat in their opinions justice required they
should do, and in their judgment award to each of the parties what
each of the parties deserved.
The LORD CHTIT -recapitulated the evidence, and
charged the Jurv. He ohmerveg, that although a woman could leut
be considered in a Court ot. Justice as Nevi-mod limit thrilling a
matrintoilial engagement, because she lead had chattel' hy ant.:hcr
man, it should be recollected that such a person could not be placed
precisely in the same light as a person of unstained character. The
Jury, however, would tonsider the evidence that had been brought
before them, and the speeches of the Learned Counsel on both
aides ; but whatever they might rive in the way of damages,
should be done with temper and moderation.

At a few minims after eight o'clock the Jury retired, and after
an absence of about a quartet of an boor, returned with a vertiict fur
the iilnintiff—Dainages, TIIHFa THOL3.IND .11)1INDS.

When the verdict was delivered, a very general buu or satisfac-
tion passed through the Court.

The following are some of the letters that were read in
the course of the trial. The whole mass is such as no
person would think of wading through. We have there-
fore soleeted a few of the most interesting, as a specimen of
the whole. Our readers will easily, and perhaps more
satisfactorily, guess what the rest were:—

Ml!! TOOTI TO 1111,1IATNE.

Thursday, Ju.y 1, 1824.
1 have received your letter, stating that " ender no ctrennistances
whatever it would be proper that any acquaintance should hence-
forth exist between us.' 1 cannot but believe sonic very treacherous
conduct has been prsetired towards rote, and also towards yourself,
to effect so very sudden a change in your. sentiments. Surrounded
as you were this morning by my enemies, without one friend to
do me justice, I am 'kurpriscit (although my pride is much
wounded) that such a result should have been the consequence.
But u I am Ignorant of the specific cause of your withdrawing
yourself, will you dome the kindness to make me acquainted with
it ? It appears that the money kindly advanced by
.you to pro.
mots my father's interest in the army, and now lying 111 the Bank
to Ire returned, has been reported as having been borrowed for
my use. l'his is a subject which 1 entreat may be properly
chestnut!, and which I heel assured you have too much generosity
to allow any longer to be so misrepresented. 1 regret that you
refused to acknowledge the honourable pmposals you made to me.
although you now have thought roper to stall them ; because 1
must inevitably be subjected to the suspicion of having asserted a
falsehood. Put under all cireuniataives I still believe you did in.
tend me honourably ; and for your kind SIII4I generous conduct to-
wards me, I shall ever admire and respect you. Fate, and the in.
terfereoce of those interested in our separation, lime divided its, hut
I trust you will enjoy that happiness through lite which titiforto.
nate circumstance,. will, 1 fear, ever deity me. The shawl with
which you presented me last evening 1 deem it proper to restore to
you ; but as I should not like it to fall into any other hands, pray
oblige our by saying in what manner it shall he conveyed to you.
I beg you will not leave me io doubt as to your receiving this letter ;
and ut co..sidcration of my wounded feelings, give me a reply as
soon as possible. 11.1111 A.

"1/1,..•
I sent the enc Tote e firloseme.square last night too latesaday for
you to receive. I now toms it to Ilurderop, in toy great anxiety
to assure you that 1 w!adly acquit you of the injuries done to me,
and in the request I have niade for an explanation 1 have nu
motive but to endeavour to remove any injuries or false impressions
you may have received. After your generous and liberal WIWI/CI
towards me, I entreat you to believe that 1 regret more than I can
express, that on my account you should have been so unjustifiably
attacked, and that in any form I should be added to the list of
your many vile assailams. Although our acquaintance is to cease,
I lament that by th.s.abrupt interniption of our intimacy I have
been denied an interview, iu which all necessary causes for its ter.
urination might hare been more delicately and more satisfactorily
explained. Lest you should suppose there is any ititentton on my
part, or that of my family, to take the slightest advantage of the
proposals you made to me, I hereby release you from the brief en-
gagement that existed between us, enil therelOre hope you will not
duly me au early answer, dictated by your Oen unbiassed feelings.
31A It lA.