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

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Amine. Mr. "Hari!, trnaublitely upon ostr arrival in'
town lifter my daughter's confinement, called at my
house in-Keppel-street ; my daughter kept copies of all
her letters to Mr. Hayne; I saw and approved of the
copies before the letters were sent; but I don't think my
husband ever saw any of them. I wished to have the
-.defendant's offer in writing, lest after .the match bad
been sante broken off it might be supposed that my
daughter was receiving the visits of a man who did not
intend to marry her. Mr. Hayne came of age in Sep.'
tember, 1823 ; my daughter never but once went to
Berkeley Castle without me or my husband, and some-
times a Lady accompanied as; my daughter, Mr. Foote,
and myself spent a fortnight at Berkeley Castle in Fe.,
bruary last ; we were there at Christmas, 1823, and also
in September, 1823 ; I knew of my daughter's preg-
nancy in February, 1823 ; iiier first child was born in
April, 1821.
Mr. G. IL Robins examined by Mr. PLATT—I know
Mr. Hayne, and remember his calling at my office to
see Mr. gill on the subject of a settleMent upon his
marriage with Miss Foote. Mr. Hayne gave me in-
uctions. He told me he had a large property in the
West Indies, but he would prefer havir the settlement
in the English Funds. He said there had been 187,001.
in the Conic of Chancery, and that the Lord Chancellor
had given him 100,0001. during the last year. He said
the annual produce of the West India property was
about 4,0001. a year. He then asked me what settle.
ment he ought to make on Miss Foote ? I told. him I
could not presume to tell him, bin I was sure he would
act liberally. He talked of 40,0001. and I said I
thought it was exceedingly liberal. Mr. Gill then sug-
gested the necessity of a provision for Miss Foote in
case of his death. He named 20,0001. He spoke of
Colonel Berkeley's seduction in very strong terms ; but
added, it had not at all altered his
.mind, and he was
quite sure Miss Foote's mind was uncorrupted. His
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 of September ; 1 attended to witness the
wedding ; Miss Foote was only in a plain white dress,
but Mr. Hayne did not appear.
Cross-examined—The interview I. speak of was, the
first I had with Mr. Hayne. When the settlement was
completed, the money was to be transferred, in Novem-
ber, it being in the Court of Chancery, and could not
be before that time. I did not ask Ms. Hayne what he did
with his money ; it was my first acquaintance with him.
Mr. Sca ILLICIT—Did you ask Mr. Hayne what title be had to this
money in the Court of Chancery?
Mr. Robins—lt is not my habit to ask a Gentleman impertinent
toes ions the first time I see him !—(A laugh).
Cross-examination continued—Miss Foote told me
Mr. Hayne wished to have his intended marriage in the
newspapers, and at her request I put it in.
Mr. Gill examined—l attended at Mr. Robins's to pre-
pare a draft of a settlement in a marriage in the u ual
way. Mr. Hayne appointed me to call at 28, Upper-
Grosvenor-street, on the next Friday, and I punctually
waited on him. Mr. William Carter, his then attorney,-
was with him. I delivered the draft, which was returned
at half past eleven o'clock that night. No alteration was
made in the draft when it was returned. I was to 4:see:at-
tended again on the 27th of September, but Mr. Hayne
did not make his appearance. I have the di*. I*-
tended about the 28th September to retain' Mr. Sr*-,
lett for Miss Foote. i
Witness cross-examined.—Mr. riayne had no pro-
fessional assistance at the house of Mr Robins. I know
Mr. Foote is here, though I have not seen him. A. pro •
posal was made by me, on Miss Foote's authority, to
have the £ll5O 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 trustee. There were
clauses in the deed of settlement of bar of dower.
Robert Pain examined—l am a clerk at the Morning Ant Of
On the 16th of October a paragraph from Mr. Mayne ap-
peared in that Paper.
Thomas Roden deposed to the same paragraph having been in-
serted in the Morning Herald.
Here the case for the plaintiff closed.
Mrs. Foote called by Mr. Scaacerr—A bundle of letters was
put into her bands, which she admitted to be in the handwriting of
her husband.
Mr. licarticrr—Before I proceed to address the Jury, I must
say, that have many witnesses to examine, and many letters to
read, which will occupy a very considerable time.
The LORD Caw Jessur—l think we cau get through the case
to-night.

Mr. SCA RUM', for the defence, said, he did not con-
gratulate himself upon the situation in which he was
placed, for he felt that he had a public prejudice to
contend against. Miss Foote was full of beauty and
fascination, and, it might easily be judged, would have
the public voice in her favour. It was no easy matter
to come unprejudiced to the consideration of the case,
when a deserving Actress was a party, and when it -% as
recollected how often she had afforded the most gratify-
ing entertainment. He would do all parties the justice
to remark,that this case had been got up with consider-
able skill—the Lady had kept copies of all her letters,
whereas the probability was, that this young man, who
had, in the space of eight months, run through the sum
of 100,0001. had not kept a single copy of a letter.
—His Learned Friend had the advantage of bins in one
respect. He was, as lawyers say, better instructed. He
had introduced to the Gentlemen of the Jury the Lady,
in terms which, though not justificatort of her conduct,
yet palliated it to such a degree, that it was impossible
to feel other than compassion for her misfortunes. In
fact, if her fascinating charms and bewitching attrac-
tions had been united with chastity and virtue, his
Learned Friend could not have dwelt more upon them.
Did the Gentlemen of the Jury observe how much of
that address animadverted on the conduct of Colonel
Berkeley? Indeed, at one period of the Attorney-Ge-
neral's speech, he almost doubted whether he was Coun-
sel for Mr. Hayne, or whether he was called upon to
act as such for Colonel Berkeley. Mrs. Foote had stated
that her daughter had been seduced by Colonel Berke-
ley under a promise of marriage—that she had borne
him two children—that she had a written promise of
marriage from him ; and that-if all this was true, how
was it that she abandoned her action against him, and
proceeded against a foolish young man, of 22 years of
age? If Miss Foote were really desirous of pecu-
niary compensation, she might have selected a better
victim than Mr. Hayne; burthere were some people
who seemed as if they had been born - only to be
plundered by others, and of these Mr. Hayne was one.
The whole case proves him to be a victim, but it was
quite new to invite the Judge and the Jury to assist at
the pillage. In the verdict which they would give, he
trusted they would estimate the damages not by his
folly, but by her deserts—that they would hot give one
farthing more to her, than to one
,who' had •neither
fame nor popularity to depend upon. The faits of the
case Were-these: 'The conduct of Mr. Hayne was• in-
consistent and ridiculous enough, but he was evidently
the victim of the designing and seductive arts of Miss