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

U I\e

lent to have her confinement in secret, as, if it were known,
ae could never afterwards make her his wife. She there-
fore consented, and went to a considerable distance into the
country, where she was confined ; and so anxious was she
to comply with his wish for concealment, and that there should
not be the slightest ground for suspicion, that in three months
she returned to the stage, and appeared again at Covent-garden
Theatre. Things could not go on thus for ever. In 1823 she
was again pregnant by him. Then it was that she began to see
the misery of her situation. For five years she had lived under
the protection or Col. Berkeley, and she ut last resolved, that
unless he fulfilled his promise of marrying her before the birth
of this child, all intercourse between them must cease for ever.
This.was communicated to Col. Berkeley ; and at first he gave
her every assurance of marriage, but he gradually, fell off in
his attentions. Miss Foote now saw no hope of his realizing
his promises, and she renounced all communication with him,
in June, 1824 ; in fact, she had not seen hint from the February
before, and the only interrcouse between them was by letter..
The Gentlemen of the Jury must feel for a female obliged to
make this public exposure of her errors, but she did not seek
to justify them. Still he would again ask if they were en-
tirely unpardonable, considering her having fallen into the
pettier of a man of dexterity, intrigue, and knowledge of the
world—possessed of fortune, person, and manners, sufficient
to captivate and allure a young and inexperienced female ? In
the spring of 1823 Mr. Rayne first saw Miss Foote at the
Covent-garden Theatre. He was struck with her beauty, ad.
mired her talents, and became anxious to be introduced to her.
That could not be accomplished, as she lived retired at her
father's house ; but in June her benefit came on, when Mr.
Hayne called at her house in Kepple.street, to procure boxes
for himself and his friends. lie then conversed with Miss
Foote, but hail more communication with her father. Thus
their acquaintance commenced, and Mr. Hayne in eited Mr.
Foote to spend sonic days with him at Kitson-liall, in Stafford-
shire, a sat which Mr. Hayne then occupied. The invitation
was accepted by Air. Foote, and here it was that Mr. Hayne in-
firmed him of his anxious wish to pay his addresses to his
daughter. Mr. F. told him that it was in vain, as she had been
for sonic time under an engagement to marry Colonel Berkeley.
Thus the matter was broken off for that time, but in January.
last, Mr. Ilayne came to Kepple-street, and repeated to Mrs.
Foote what he had said to Mr. Foote in the country, about his
wish to pay his addresses to her daughter. She also repeated to
Mr. Hayne that her daughter was underan engagement to marry
Col. Berkeley ; that it was one of long standing ; but that if the
arrangement with Colonel Berkeley was not completed, there
could be no objection to Mr. Hayne, as a young
.gentleman
of character and fortune. Mr. Hayne expressed himself con-
tented : time visaed on, and in May he came to town, and
wrote to Mri. requesting to know if the decision respecting
Colonel Berkeley had been finally come to. On the 28th June
all communication with Colonel Berkeley had ceased, and then
it was that Mrs. Foote wrote to Mr. Hayne upon the subject of
her having no objection to his visiting Miss Foote, and upon
that he instantly came to town. The letter to him was written
on the 24th June, and on the 28th he appeared at Keppel.
street. There he declared his passion again, and asked her to
marry him ; he eagerly pressed his suit, and succeeded in ob-
taining her promise of marriage. 'the delay in making the
disclosure of her connexion with Colonel Berkeley was attended
with unfortunate results; but still Miss Foote determined on
making it whenever the next opportunity should arrive. How-
ever, very unhappily for her, others, from what motive he knew
not, thought proper to interfere, and for a moment cast upon
her a considerable shade. The jury would no doubt be
astonished when he told them, that every thing which was
done by Mr. Hayne and Miss Foote was known to Co-
lonel Berkeley, in some way or other, by the medium of
spies ; he was informer: of their interview, and of their in-
tended visit to the Opera. What right, ho would ask, had
Colonel Berkeley to interfere in this young lady's concerns ?
Ile had seduced her under a promise which he had vio-
lated, and she had broken all connexion with
What right, then, had Colonel Berkeley to interfere with any
other arrangement which she might choose to make? Col. B.
however, accompanied by Mr. Alaxse, went to the pit of the
Opera, on the night when Mr. Myna and Miss Foote were
there. Colonel Berkeley immediately sent Mr. _Mame to the
1 box In which Mr, Layne was, requesting to speak with him
in the pit. When Mr. Hayne came to him, he asked him for
an explanation of hie conduct with respect to Miss Foote, and
required a meeting for the next afternoon, when Colonel Her.
keley would be attended by Mr. Maxie. ir. Hayne thought
this meeting wits to be of a hostile nature ; indeed nothing else
aver entered his mind, until Colonel Berkeley told him that it
would be a perfectly friendly communication. Colonel Der-
keley had no previous acquaintance with Mr. Heyne ; but
when they met next day, every thing relating to his connexion
with Miss Foote—every thing relating to the two children—was
disclosed by him to Mr. Hayne. Col. B. laughed and joked
about the matter, and even produced a paper, which he pro-
posed that Mr. Hayne should sign, calling on Miss Foote to
declare she would in future live under the protection. of Col.
Berkeley or of him (Mr. Hayne.) This was refused. Mr.
Hayne, however, very naturally said that he would break off'
the match between himself and Miss Foote, and Colonel Ber-
keley said scoffingly, " Well, I suppose I must go and pass
the night in Koppel-street, and try and console Miss Foote for
the loss elle is likely to sustain." To do an injury to a female
was totally unworthy of any man of honour; but for a man to
blight the prospects of a beautiful and amiable woman, whom
he bad ruined, was conduct such as he (the Attorney-General)
could not trust himself in using language, bethought, sufficient
to express his detestation, 'Jayne aceordlogly wrote a
short note to Miss Foote, apprising her, that after what he had
been told it was impossible tar him to continue the connexion.
Neither he nor his client blamed Mr. Ilayne for this deter:
urination. The circumstances of the two children certainly
justified him in breaking off the match. When Miss Foote
received the note, she was immediately satisfied that she had
been treacherously dealt with ; but Mr. Hayne bad acted
kindly by her, and she felt grateful to him. She was most anx-
ious to inform him that she had no desire to hold him to his
engagement, and therefore she solicited an interview with him
in order to explain every thing to him, which took place at
Marlborough, in the presence of Miss Foote's mother. Of this
meeting Colonel Berkeley also, by some means or another, be-
came acquainted, and he deputed Lord William Lennox to
watch the movements of the parties ; at the Meeting Miss Foote
explained her conduct, and Mr. Ilayne expressed-himself per-
fectly satisfied ; he treated Miss Foote with kindness and atten-
tion; they returned to town, and she shortly received a letter
from him, inviting a renewal of their correspondence. At this
period the two children which Miss Foote had by Colonel
Berkeley were under the protection of their mother; but a
negociation was on thin for removing them from her, and plac.
ing them under the care of the Colonel. Miss Foote, entertain-
tog the feelings of a mother, was, of course, very averse to the
propeehion for her parting with the children ; Mr. Hayne,
however, pressed her to accede to the proposition, urging as a
reason that the future interests of the children would pro.
1311 F
.beveary reluctantlytivanced by
consentedbeing uanti
under their father's eye,
to relinquish the custody of
them, and they, were placed under the care of the Colonel ; and
IKiyepthplesi- nalteraenets,the last link of the connexion between them was
dissolved. After this Mr. Hayne waited. upon Miss Foote in
:Te Hayne was nota boy ; was at that
trade his proposal of marriage. The Jury
would recollecta
time in his 23ti er 24th year.—(Mr. Scarlet here said he was
at the time only twenty-two.)—He was email in the
atrairs
of and was perfectly capable of both judging and
Retina. disell. He disdnetly renewed his proposals °finer.
th—ear,or ir"l.l
himself perfectly satisfied with the conduct of
.A"rekeor-k.aen'alpddeprecated the-cruel treatment she hadreceived
at the hand of Cal. Berkeley. Miss Foote told him that she
the most implicit reliance in his good faith and honout,
' 01'7 eoinsented to a renewal of their former acquaintance. Mr.
'folic told her that be was about to go into the country, but
wood write to her on die road, and on the next day he fulfilled
his promise by writing to her; the letter was dated 91st July,
and commenced,;-.." y dear, INlaria—lt was so dusty and: an.
-
plawiant to-day, that .1 determined to stay a night on the road.
The letter went on to sinte, that she was already aware, that the
motives by which he was actuated towards her were of the most
honourable nature, but still it was due to her that he should
openly state them, as, althoup he was aware she did net doubt
him, yet the world "night. Die letter then spoke in terms
of warm attacluneet, end concluded by requesting that she
, would write to him often, sod tell him at all times candid-
-1.7 her ideas- Here then, said the Atturatey-Otmeral, was tide-
liberate promise of marriage made by Mr. Hayne, after ma.
tarecuneiiiliidgeri4 a etion dokheate statesheetl of yeehtuearoteh, tl tobelio propose she
Miss
Foote b
should, with her- mothea, visit eithallarnsgste er firoadstaini,
, wbach they did, he himself teeing town for another part of
the country. About:the ,middlif of Attguit Mr. Hanle return.
ed, at which time ,hiss Foote also returned—he daily visited
her—and their intended Ms-triage was 'the main topic of con-

PRICE SfviNPENCE,

versation. It was at first proposed that it should take place on
the 4th of September, which was Mr. Elayne'l birth-day.- It
was afterwards, deferred to the 6th, anti that day was finally fixed
for its celebration; in the interim, Mr. Hayne proposed a jour.
ney to Southampton, and himself, Miss Foote, her mother,
and father, went there. Mr. llayne, however, shortly kit.
them, in order to attend some races, but appointed to meet
them at Bath, which he afterwards did; they returned toge.
ther tp London ; and the 6th of S rember was looked forward
to as the nuptial clay. A marriage settlement was of course
considered necessary, and Mr. Robins was named as the trustee
for Miss Foote. Instructions were given to the solicitor to pre.
pare the settlement, and Mr. Uwe, Mr. Bab, the solicitor,
and a Mr. Walker, attended on the 3d Sept., to consult together
for that purpose. To these gentlemen Mr. Hayne expressed the
warmest attachment for Miss F.; he stated that lie had recently
suffered great losses by the depreciation in the value of his West
India property, but that he had 46,000 h in the funds, 40,000/.
of which ha was anxious to.settle on Miss Foote, in this way—.
for himself and her to receive the dividends during their, oint
lives, and After the death of the survivor of them, to be distee
buted equally amongst the children of their marriage, if any ;
and if at the death Of Mr. 'Jayne, and Miss Foote should sur-
vive him, but have no children, then halt' the forty thousand
pounds was to become the absolute property of Miss Foote, and
the remaining half Mr. 'Jayne wits to be at liberty to dispose
of by his will. A Mr. Gill wits desired to prepare the draft of
settlement on these terms, and to call on Mr. I I nyne at his house
in Grosvenor-street, with the draft. Op the following night he
called with it accordingly, and there saw Mr. flayne in the
presence of Mr. Carter, -his present solicitor; they desired him
to leave the draft, and about half-past ten at night it was re-
turned, without any alteration, to Mr. Gill ; the following
evening, at 6 o'clock, was appointed for executing thesettlement,
but, at 111 r. Gill's request, it was deferred until 10 o'clock. Mr.
Hayne attended in the evening for the purpose of executing the
settlement, but it not being quite ready, and he stating that he
had a large party at his homie to celebrate his sister's marriage,
the execution of the settlement was again postponed until
the tuerning of Monday, the 6th of that month, which was
the day appointed for the marriage. The Jury would, how.
ever, the surprised to learn, that on Sunday Mr. Liebb, Mr.
Ilayne's solicitor, called in Keppel-street, at Mr. Foote's house
and left a verbal message, stating, " that Mr. 'Jayne would
never see Miss Foote again." For such strange, such unbe-
coming conduct, no cause whatever was assigned--no charge
was made which could, even in the slightest degree, justify it.
Miss Foote was astonished at this. The surprise occasional
by a verbal message of this nature the Jury would be able to
consider, when lie told them Miss Foote was aware that Mr.
Hayne was surrounded by a set of persons who appeared to
take a most extraordinary interest in his affairs, and who were
anxious beyond measure to put a stop to his correspondence
with Miss Foote. Placed in this situation, Miss Foote, on the
Monday, wrote to Mr. 'Jayne, soliciting him, by all that was
dear to het and to him, to call upon her and explain his con-
duct. The bearer of' his letter met Mr. Hayne in Bond-street,
and he returned with the servant in a coach to Miss Foote in
Keppel-street. He affirmed that it was nut his fault that held
thus acted towards her; that it was also his firm Intention to
have fulfilled his engagement, but that on his return home on
Sunday, sonic person first plied him with liquor, so as to make
him in such a beastly state of intoxication that he knew not
whathe did; that they afterwards locked him up in a little
back room, from which he had only that moment made
his escape, which his exhausted appearance would prove,
and that when he met the servant with the letter, he was
then coming to her. The explanation was received, and the
following morning, at J o'clock, was fixed tar the marriage ce-
remony to take place. The night passed over anxiously enough
on the part of Miss Foote. At length the morning arrived ;
every . thing was prepared ; the bride's maid was in attendance,
es wait also Mr. Gill, with the marriage settlement ; Mr. Robins,
the trustee, was also there; but would the Jury believe it ?
Mr. 'Jayne never made his appearance, never took any notice
of the appointment, never sent any excuse. Tint patties
waited 'until three o'clock, when a note WAX sent to him at
Long's Hotel—the servant who took it was asked into a private
room—he was there detained, under some pretence or another,
for a considerable time, and was then informed that Mr. 'Jayne
had gone into the country. Having got into the country, he
(the Attorney-General) would have thought that Mr. Home
would have had leisure to reflect on his conduct, that the least
he could have done would have been to offer some apology—to
giye sonic explanation to her he had so cruelly wronged, But,
no; nothing of the sort took place ! For six. long days did this
young lady wait in anxious expectation of receiving some commu-
nication from Mr. 'Jayne, but she received none. At length, on
the sixth day, she addressed him a letter, to which he would call
the particular attention of the Jury, because it described the
feelings of Miss Foote in a much more forcible manner
than he (the Attorney-General) could possibly describe them.
Miss Foote knew how such conduct would be bruited abroad;
she felt the severity of the blow thus inflicted upon her, and
wrote him at the expiration in thoett terms My dear 'lane,
for six long days and tedious nights have I been in hourly esta
pectatlon that you would have redeemed the promise which you
solemnly made we." The letter then went on to say, that she
was at a loss to account for his extraordinary conduct ; " but,"
said the letter, " 1 have still such faith in your honour, that
cannot bring myself to think but that your present conduct is
not your own will, but the result of the power and influence
which others have over you, and that although separated tram
me, your heart and thoughts are still with me; pray judge for
yourself! Gracious God can my dearest Har, be actuated
and governed by the restraint of others ? Remember, it was at
your desire that our intended nuptials were announced in all the
papers—recollect also your parting words when last I saw you
—remember those words were, May God strike me dead, if
ever 1 consent to separate myself from you!' " After some
other remarks, the letter concludes thus :—" Farewell, my dear
Rayne, and believe in the affection of your faitittitl attached
Maria." In reply, Miss Foote received from Mr. 'Jayne a
letter :—" My dearest Maria, you are perfectly correct whenyou say that my heart and thoughts are still with you." It
then stated, that the world is a censorious ono; that he was die
sided between love for her and esteem for his friends ; it then went
on to state his regret that their" unlucky stars had thrown them
together," as if he was not the person who had so eagerly
sought Miss Foote, and this strange _letter concluded by MAN
" I am resolved to sacrifice friends to affection ; I cannot,
will not lose you."—After a short interval Mr. 'Jayne returned
to London, and called on Miss Foote in Keppel.street ; they
became perfectly reconciled to each other, and the 26th of Sep.
wither was finally fixed for the day of their marriage. This fell
loiniatirriie4le`useestttllaeym,eannt. Onld :Monday nsdaalyurwdasayflxed for the execution of the
cured the marriage licence, which Mr. Ilayne himself delivered
Miss note's father, went to Doctors' re
of titajni own' lt,sietten°tnl' thrice pa rboy.
into the hands of Miss Foote, and solicited leave to wait on her
the following morning. Instead of doing so, a gentleman of
the name of Manning called at the house of Mr. Foote, and
brought a letter with' him from Mr. Hayne to that gentleman,
which letter stated that he was so wretched as to be unable to
' cell himself, but the bearer would explain every thing, and
finally concluded by entirely breaking oil the match. Thus, then,
(continued the Attorney-General) a second time did this gentle.
man think fit to turn round upon this young lady,and expose her
to the scorn and indignation of the world; and could he the At.
torney-Generalimake use of language strong enough to denounce
the conduct of that man, who had thus cruelly trifled with the
feelings of an unfortunate female P The.conduct of such a person
was as unmanly as it was cruel and oppressive. Miss F. wrote
again to Mr. 'Jayne, in which she stated that his conduct-to-
wards her was as mysterious as it was cruel and-unjust. After
this, Miss Foote received from Mr. Bayne another letter, in
which he still addressed her as " My dear Maria—We know each
other well; but with all my faults, youleve is regard for my.
honour...my attachment for you is unabated. I intreat of
. you to grant me an interview at any other place than Keppel.
street." To this 'letter Miss Foote replied, " Good God,
• is this the way of proving your love and regard for me ?
To my honour; and yourahame be it .espoo,kcelonc,'kthavtiili abrtle
now
suffering under a painful illness, brought on entirely by your
conduct; but that you are actuated by the advice of bad
counsels I have no doubt. I will, however, once more eon_
. sent to see you, but it assist be in the presence of nay forests ;
if I am well enough on _Saturday, on
venient to me to grant you an Interview." In reply, Mr,
'Jayne writes a letter to Miss Foote, in which he says AM
every line of the last letter of Mias Foote's was witched
terms of inveterate hatred, and it concludes thus s—" Fart-
well; for ever farewell—Mayne," By what possible aus-
attruction 'Jayne could say that this letter was ,eolithed,
in terms of Inveterate hatred, be (the Attorney Alumni)
knew not ; he would submit it to the strict criticism of Ws
Learned' Friend, Mr. Scarlett, and be was sure he' would "Y..
that under all the circumstances, a more kind letter mad
not be written by a party to injured as Miss Foote had
• been. This last letter closed the correspondence between the

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 for his conduct, and justifying it by
that pretence--but he would prove to the Jury that Mr. Mayne
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, borrowed 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 daughter. 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: lie 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 Mae
. 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 all 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 ~accompany 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 give you .anyaexouot 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 ?.....yes. 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 produced.
Did Mr. Hayne call in Keppel-street that evening
Had the arrangement between Col. 13. and :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-011 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
,)alarrtryiages.loioldialyt,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), aenatiter.;
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
trn mmritrik neg t
—Mr. (Jill came 110111t3 with us from ay
and remained till one in the morning. A with us,
be 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 ty,„l,i,.
cal wardrobe to different persons. She resigned her aninen,
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 Alin 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 wake 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 pressMr.N64'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; desponding 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 breaking his promise. To this 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 January 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 that time there was no coml.
spondence between Mi. Hayne and my daughter. My daughter
has generally good health, and she went to Tunbridge Wells to
lie in, and received letters as Mrs. Forbes. My
husband did not
act for daughtor•infir,slo I know that he 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, which I refused. I know there
is
a ho 1"p. 31, Ilenrietta-street, Covent-garden, taken 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
:watiatheditititerii.aftr tilettenymegoarastrulewt
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•,4lll, 4.4 rue had
been at school at Eaton, and 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
4enirallt (runt with her, and staid with
her. In February 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, could, not be 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 gentleman imper.
Itinunt,questions the first tiniellettiiiitii;,•-:-( A laugh.)
PlXOtlcx.opintition
.coottmtpd
tiest I: put"Vt
YOtt ask Mr..llayna what title ho had
told me Mr.
to'have his intended marrlage tin the newspapers.
mitt at luirreti
•
Mr. Rayne at that
time; I assisted only as a friend to Miss FOotts in getting up
this case,
Gill exittnined.-1 ati(;ndt.4l at Mr. Roltins's to 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, anyiefipuacciqlyr.wypal on hint, Mr. Win.
Carter. his then atteikey, 144 I delivered the draft,
And he said it aliouldhesiAbiNVlth hour. It Was not
;returned, ilowevert. 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 that 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.
ffni:yenwead3idmnisiottiend:ak6ll4 4nitvimo. I have ale draft.
tended about the `2lllll ,
tnuer to retain Mr. Searlett fur Miss
ot attend on time Monday.
!as to have attentinnAlratialilkilYonne:(l:hiAo 2:1
Foote.
&Ince
'Was a pnPer kto ?
to air.
BticiaAt I 1:4: 'l'
cleftsr— 15911 p e etc t the
l It r i to-flay.4l. 1 ti I
beg
14Iva'
Tho .1,49 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 -GEN 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 knew the 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. Ile
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 knew of
what stuff' man was made. If Miss Foote had argued as ohs
ought to have done, she should haire said, " here is a young •
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 the 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 inhtlaw
connection .was pecuniary advantage. If a young
abiciepiellifhetel bveicfotirien aofCseoudrutctioofnJ
been led from virtuous connections. and my whole life
must be affected by another's crime," then indeed the Jury
might be asked for liberal damago, and then it w
old
in mitiaation. ut
;ueiticheavisehobecoenulTduisanewyd,7lnhha_a7v.e3e.
ibfeaale ilfuffiryiuwherteltiontgoptoinioandithlreasst,
from
nenhe
very
unmet
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 she stand before them ? If
they believed that it was her wish and the wish 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 wliio
afterwards knew that shame and misery would follow an est
that he was weak and foolish enough to contemplate; then "'IT,
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 held as the wia.
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 conceive 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 witht
such
chheahwaodmt
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 staul
those characters, and those subjects, that were calculated Is
debase- the mind ; for even in the part of Juliet there aSse
much that a modest woman should not read ; and how grsa
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•
ehlaedarretahsaotnsehtieth: 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 that !hiss&
heoeoyiscsiunogf
mthaenlewtitlelrsinsahiery'inliatlnsd°oeirodnegr,ll°,trtrnmildenelr: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 the fathr
had had the other. Could a Court of Justice then lend it.
self to encourage such a motive ?. It was necessary for the'
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 the'.
for twenty or thirty thousand more. Miss Footeeitshoold be
recollected, had brought herself into this scrapme, and it was hard,
if Col. Berkeley had done her any wrong, to- ake Mr. liars
pay for it. What excuse could she and 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 cti'ilnd 1,1
her, under promise, it was said, that he woußmarry cited
ri,
was restored to the peerage ?He (Mr. Scarlett) vroeidnima' 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 not against this young Iti nt; 0 " his
with all his fortune, might be called unfortanste• "jr alio
mother and his sister who prevented him nem marrY'roni to
Foote ; for, had he been suffered, lie would have listene.. , (iblii.
the dictates of passasion, and would have married het's. t_te_, ok
Scarlett) thought that Miss Foote was fortunate, It tlell
viwilkii
object was not money, in having thus escaped a mat he 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 fe.
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''''dos of
(Mr. Scarlett) felt assured, that on a mature consider!,
the case the Jury would award her' very little damage! ert.
• IA variety of letters were then put in and read to the t.e and
They were chiefly those that passed between Mr. ioo„00„..,
Mr. Hayne, and between the latter gentleman and Illii3 LA ip
to which the Learned Counsel for die defendant had alkaw" .
the course of his address.] Seal"
For the defence, Mr. Macready was examined by 314'..„ ape. •
LETT.-1 have known Miss Foote for 23 years. I ktith.,;ieet
Foote ; was present in the month of September when al
t 4
~,a
fif.
lug took placa.between that lady and Mr. !Jayne. 1,.k 47,,,a
Mr. Aboutimac 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 173
..a, •
of alone,
LA letter was then put is to prove that the SOW
is
~,uor
given by "Mr. Mayne to Mr. Foote had been vested in B*Vsas
mighti
ande
opbaaeliendreuodivtoerae
dbabnyk3erisn hFaoondtes,insuLirecatatoionanket 6100
dialibnilgls:
of
_promise of marriage.]
No other witness was called on the part of the dins-Himont's
s. ni. ' ,
The ATTOIIIIIEY-GENERAL rose to reply. NW" led the
attention of the Court, lie hoped for some farther indidge de el,
consequence of the manner in which remarks had been. , larlt elks
period in which lie had already owil'oe, in
his client by the Learned Counsel beside him. He wouisyrrought
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;1100u
ideot ? If so, lie could be fully answered ; for he ; terests'
how steady an idea his client had of his own 'aria fur
was a- young
since he was satisfied to lose his character in the a, ,14.•
the sake of preserving his'
torne ' property. Was there, he itoir Sir,
y-teeneral) would ask, any thing in the lettela . ,e the
man who was bred up
Mayne that could lead- the Jury to suppose him ignoraa`i,(3, he
lcourse he was pursuing? It should be reinembeer,..',l,eool,
where, It was proverbial, at: seventeen a youth wee 2---„", . e he
of a man than at a much greater age elsewhere, and
~".1"-Lrafte/'
at Eton, a rtthirna' —more
at an early age begins to have manly 'ideas. 11 e ", i ,--- Or
wards sent to the hest of all places for receiving aciPen "Co
Cation of a man--a public University. From ---,,,aice 0'
proceeded to Paris, where lie passed a ceinsiderable r" sl ? ,
lie pursurta 0
his life, and on his return what was the course
Pia he live retired in the country ?No; ho re-aided ° turn

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