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

MICR 0P PitoMISE op.MARRIAOL

MISS *OOTZ O. gAirtlit.
(onstitutedfreas the ekes if yesterday.)
Maria Foote, examined by MT. Guanav—l am the
bother of the plaintiff, Maria Foote, and live in Kees
pel-street with my daughter. I first saw Mr. HayneS
the defendant, in June, 1823, when he came to the house
for the purpose of engaging a box at my daughter's be.
refit at Covent-garden; she had no acquaintance with
Mr. Rayne previous to that day. I had seen Mr. Hayne
about six or seven times before the month of January
in the present year. In that month he called, and I
saw him ; he expressed a desire to pay his addresses to
my daughter, and wished for an iaterview with he 4
upon Which I informed him of the existing engagement
between my daughter and Colonel Berkeley. He said
he had no opinion that Colonel Berkeley would ever
marry my daughter, and he should still hope to be
allowed to pay his addresses to her. Mr. Hayne,
urged that he hoped to be permitted to address
my daughter, when the engagement between her and
Colonel Berkeley was terminated. I said that un-
til that was over, no correspondence, or the least
intimacy should be permitted to take place between
them. •On the next day, a letter was received by my
husband from Mr. Hayne, stating that he approved of
the proposal of Mr,. Foote to abstain ft orn paying his
addresses to Miss Foote until the result of her en-
gagement with Colonel Berkeley should be known.
On the 7th of February.lB24, I received a letter from
Mr. Hayne, requesting that I would procure him a lock
of my daughter's hair. I wrote an answer to that
letter. My daughter communicated to me, in Novem-
ber, her intention of renouncing her connection with
Colonel Be: keley if he would not marry her in the en-
suing summer. All communication cease) between
them in June last. On the 28th of June, Mr. Ilayne
came to my house in Keppel-street, and pt oposed mar-
riage to my daughter in my presence, and said if she
would accept his offer she would make him the hap-
piest mari in the world. Three letters were received
by my husband from' Mr. Hayne previous to the in-
terview, in which the defendant expressed a wish that
he should in June have an opportunity of paying • his
addresses to my daughter.—When the defendant came
to my house on the 28th Jane, an appointment was
made to go to the Opera. My husband, my claogh•
ter, and I went to the Opera, where we met the defen-
dant; as we wet esitting in the box, Mr. Masse, a friend
of Colonel Bet keley came into the box, and said to Mr.
Mayne, a friend wishes to speak to you; Mr. Hayne left
the box, and having shortly afterwards returned, he told
me that Colonel Berkeley was the Gentleman who
wanted to speak to him, and that they had made an
appointment to meet the next day' at four o'clock.
On the evening of the next day my daughter received
a letter from Mr. Hayne, dated June 30, 1824, in which
Mr. Hayne declined all further communication with
;bliss Foote. On the Monday week following my daugh-
ter wrote a letter in answer to that letter from Mr. Hayne,
soliciting an interview, in order to explain her conduct.
Mr. Rayne then wrote to Miss Foote, appointing to
meet her at Marlborough. In pursuance of the last
letter, I and my daughter met Mr. Rayne at Marl-
borough on the sth of July, when he told me that
Colonel Bet keley had informed him of the connection
between him and my daughter, and that the conse-
quence of that connection was two daughters; Mr.
Hayne also stated, that Colonel Bet keley requested Mr.
Best, who had accompanied Mr. Rayne, to go into a
private room with him; that Mr. Best consented to
this, and having remained in that room about three
quarters of a hour, they came out, and Mr. Best said to
Colonel Berkeley, "Am I at liberty to state to Mr.
Hayne what you have told me?"— that Colonel Berkeley
Said, " Yes," and then Mr. Best related the circum-
stances of my daughter's connection with Col. Berkeley.
Before he went away, my daughter told him that she had
not intended to conceal from him her connection with

Colonel Berkeley, and sheaved him letters from Colonel
Berkeley, promising her marriage up to Christmas last.
it was intended that I should have told Mr. Hayne about
the children immediately on his return from the country
or by lettir. My daughter shortly afterwards received
a letter, dated July 9, 1824, from Mr. Hayne, urging the
propriety of her giving up the children to Col. Berkeley.
My daughter and Colonel Berkeley entered into the bond
executed on the 26th July, by which Miss Foote relin-
quished all controul over the children she had by Colonel
Berkeley, and which were designated in the deed as
" Emily Forbes and Rosalind Forbes," born on the 9th
of April, 1821, and the 9th of June, 1824. When Mr.
Hay r,e called at my house, on the 27th of July, my
daughter apprised him of the termination of the connec-
tion between her and Colonel Berkeley. Mr. Hayne
proposed marriage to my daughter, and she ultimately
Accepted his offer. My daughter is 26 years of age;
Air. H. is, I believe, 23.—The remainder of this Lady's
evidence, together with several letters from the defend-
ant to the plaintiff, from the 28th of July to the 26th
cf September, 1821, which were put in and read, cor-
roborated the statement of the Attorney-General, given
in the STAR of yesterday.
Cross-examined by Mr. ecaaLETT—My daughter
completed her 26th year in last June ; she has been at
Covent Garden for ten years. Mr. Foote was once the
manager of a country theatre ; he was a partner in a
country theatre ; he conducted a theatre at Plymouth,
where we had a house, for 16 or 17 years. My daugh-
ter first appeared on the Stage at Plymouth. We went
to Exeter from Plymouth ; we had an hotel at Exeter.
My husband is an uncertificated bankrupt. My hus-
band has never borrowed any money on his own account
from Colonel Bet keley. Mr. Foote went down to Mr.
Hayne's house in Staffordshire. There appeared to be
a great friendship on the part of Mr. Hayne. 1 heard
be was a young man of property, but I did not know
that he was extravagant. Mr. Hayne made Mr. F. a
present of a gun. In 1823, a servant of Mr. Hayne,
we understood, was going to France, and my daugh-
ter gave an order to him to purchase a lace veil for
her, for which she was to pay; it was not an extrava-
gant veil. There was also an order for some kid gloves.
I swear that I was not aware that it was stated to Mr.
Ilayne that my daughter's absence was occasioned by a
; ulmonary complaint, which rendered her unable to
stand the heat of the Theatre. No. 31, Henrietta-street,
Cf.lveat-Garden, was taken for me by my daughter. That
house was taken for the purpose of bringing up my
daughter's child, which passed there under the. name of
Forbes. It was our object to keep the fact of that child
being my daughter's a secret. My daughter never re-1
ceived any present from Mr. Hayne except a shawl un-
til after she was engaged to him. She did receive pre-
sents afterwards; I had thein valued; they are worth
between 8001. to 10001. exclusive of the shawl. Before
1 went to Marlborough, l concluded this Gentleman was
tached to my daughter, AS be made her an offer of

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