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

. . .

Foote front their first interview, Mr. Foote iiereeivett
that Mr. Rayne was a proper gull to practise upon
akhough he had a private box in Drerys-Lane, it was'
likely enongh that he had never even heard of Colonel
Berkeley ; Miss Foote, it appeared, had consider able
experience of mankind as well as womankind. Daring
her visit to Berkeley Castle and Tunbridge Wells, Mr.
Hayne was amused by letters from her father, which
represented that she was labouring under some inci.
pient symptoms of consumption, and that country air
had been prescribed for her by her physicians, while in
reality she only left town in order to be confined.
• (Mr. Swum read a variety of letters from Mr. Foote to the
above effect.)
—Mr. Foote war not placed in the witness box, and
he would be glad to know the reason for his being
kept in the back ground? What if Mr. Foote could
tell more about his daughter than had yet been elicited?
he was her agent, and who was it that wrote the leo,
Lets he had just read ? Wiry, Mr. Foote, the man who
had accompanied her to Berkeley Castle when she
was with child, and who had gone a visiting with her
to her country cousins, at Tunbridge, and who had
got the sum of 1,1001. out of his dupe, in older to
purchase a Paymastership in the Guards. This Lady
arrived in town on the 24th, the bargain was struck on
the 28th, on the 29th they went to the Opera, and he
wished to know if it was credible, that she meant to
communicate to him the nature of her connection with
Colonel Berkeley ? The mother said so, but he must
confess that he did not believe her. At all events, it
WAS evident that she did not mean to disclose it until
the fascination of her charms had so rivetted his affec-
tion that she might be fearless of the consequences
Miss Foote well knew what would be the probable
effect of an interview when aided by her charms, and
she resolved to hazard the experiment, and accordingly-
she wrote to say, that she would meet him at Marl-
borough, or anywhere else that might meet his wishes.
It was very strange, that in all Mr. Hayne's letters
there was not one strong expression of attachment ; but
on the part of the Lady the most ardent feelings were
poured forth ; and then, when she wished to throw out
fresh bait, she tried an experiment on his feelings, and
drops the correspondence for a week: this was very
skilful. Here the consummate actress was displayed.
For aught he knew, she had been pet forming Juliet in
the country to her mother's Romeo—(a laugh); he beg-
ged pardon, he meant her father's Romeo. Out, even
in the ant,• perhaps he would not be quite wrong ; for
now-a-daya the Ladies undertook to fill the characters
formerly assigned to Gentlemen ! However, he was
sure that conning over lessons of virtue in the Theatre
*es not the best system of morality ; for, however sub-
lime those splendid creations which have immortalized
our great dramatist, there was no man who beard him,
who believed that the study of Juliet was the best com-
mencement of a young Lade's education. Consummate
skill there appeared in this woman's conduct. She was
an actress, and of tainted reputation in private life. All
that she sought.vias a position in a pecuniary point of
view to make her comfortable for life. In January
she made a- conditional bargain which no man of
. .
spurn would listen tp—that if she could not do better
with Colonel Berkeley she would marry him.—
But if anything ought to have deterred him from
an union with her, it ought to be the fact that she had
givers pp her children to Colonel Berkeley without
even. stipulating that she should ever see them more.
Had k been his case, he would have turned from her
as from an unnatural mother, and never seen her more.
He begged to state, that whatever might be the verdict
in.the present action, her popularity would still remain
unimpaired as an actress, and she would, on the next
occasion, have the best benefit she ever had in her life.
One remark he could not help making, which was,
that her Solicitor had very modestly proposed, that if
Mr. Hayne would suffer her father to appear as_a wit-
ness on the present occasion without proceeding against
him, the 11001. should be paid out of whatever da-
mages might be given her. For his own part, be did
not believe that Colonel Berkeley bad ever promised
her marriage, for he would have performed his promise,
or else an action would have been in that case com-
menced against him, But he repeated, he did not
believe it, for the reason assigned fin delay was futile,
that of the Colonel's expected restoration to the Peerage.
Mr. Scarlett entreated the Jury to look at the case as it
deserved, as entirely a question of pounds, shillings,
and pence, which, iu fact, seemed to be the original
object of the parties who now called upon the Jury to
assist in cutting up the victim. He trusted the
Jury would consider this case as any other, in which
a woman appeared before them whose character had
been blasted, whose fime had been tarnished, and
whose honour had been letrayed by father and mother.
Under all the circumstances, he was sure they would
consider it a case which did not demand damages at
the hands of any Jury. The following. evidence was
then called:
Mr. Mercati examined—l am acquainted with all
parties. I know Mr. Hayne's mother extremely well ;
she was in town in September last. I was present at the
interview between her and her son. I was never pre-
Sent at anyvepresentation made by Mrs or Mrs. Foote to
Mr. Hayne, of their daughter. Mr. Foote made a com-
munication to me respecting his daughter about three
months since l it was saidthat the match was broken off.
A letter was then put in and read, stating that the
sum of 1,100/. given by Mr. Hayne to*Mr. Foote to
purchase the situation of Paymaster in the Army, had
been invested in Exchequer bills, and would be de-
positedat a banker's, subject to any damages or costs
which might be recovered by Miss Foote in her action_
against Mr. Hayne. This was the case for the defendant.
Mr. ATTORNEY-GENERAL replied. He relied prin-
cipally on two points : first, that the statement of Miss
Foote having been seducedby Colonel Berkeley under
a promise of marriage was now to be taken as true;
because, if false, the defendant's Counsel might have
called Colonel Berkeley to deny it if he could ; and
next, that Mr. Hayne had ratified his promise of mar-
riage over and over again after he had been informed
of the consequence of her connection with the Colonel.
For the breach of that promise, in the creel, mortifying,
and scandalous manner in which it had been broken,
he called upon the Jury to give his unfortunate and
much'-iajiared client a suitable compensation in damages.
Lord Chief Jistice Aaisorr rose at eight o'clock to
sum up the evidence to the Jury. Re requested them
to consider, at the outset, that they were, in such a case
as this, to estimate the amount of 'damages, not upon
the statement of Learned Coupsel at either side, but upon
a calm and deliberate investigation of the facts which
were in evidence before them. The cause had already
ociupied ten hours, and he hardly thought it necessary
to read the evidence to them 'in' the detailed form in
whiCh it had been already given, being convinced that
they preserved the leading facts in their minds. Tbe