Star.
London, England, 1811-08-20 00:00:00

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--•••••••"'"' plaintiff and his wife appeared to have a very great af- SUSSEX ASSTZEt—LEWES, AUGUST 17.
1 Liar INTELLIGENCE. fection for each other. The witness then stated the This being the day fixed for the Assixesfor this
e • .. conversations which he had with the defendant, in
,county, the Judges went to business early this mem-
latiteßia 'pawl KRIFF OF conwww, AT 11001119. consequence of the reports circulated in Saltash re• ing, having previously attended Divine Service at St.'
...' Aeittli. CON.---FOOTE v. RAVLA V. Speoting him and Mrs. Foote, in which lie confirmed Michael's Church. Lord ELLENBOROUGH tried the
Mr. Serjeeat Laws stated the pi tintiff's case. Mr. the statement already given. He remembered Capt. prisoners, and finished the Calendar befere dinner-
Foote is a Captain in the Navy, and married Mrs. Foote's coming home to his family ; about four or five The Letts Come BARON sat on the Civil Side, but
Foote in,the year 1800. In the year 1809 they came weeks after his return a separation took place between none of the causes were interesting.
to reside at Saltash ; about three weeks after their re- him and Mrs. Foote, in consequence of which she left John Bates Shuciard was charged on several indict-
moral to Saltash Capt. Foote went to sea, leaving his Saltash. On his cross-examination by Mr.
Jekyll, he ments, with various frauds, effected by the following
wife and five. children at that place. Some years prey i- said that his opportunities of judging respecting the af- contrivances: On the 25th of July he went to the
(only to this, Capt. and Mrs. Foote had formed an fection subsistiegbetweentheplaintiffend hiswite were Old Ship at Brighton, which is kept by a person of
intimacy with Capt. Baylay, the present defendant, principally confined to five or six evenings in thecourse the name of Shuckard, and introduced himself as a
who resided also at. Saitesh as a private gentleman, of twelve months, on which he drank tea with them I name-sake. He told the, landlord that he knew his
and who engaged to pay every attention to Captain when there was company present. brothers very well, and that he had lately seen his
Foote's children during his absence. Soren after the The next witness was Mr. Edw. Bovey, who knew younger brother, who had sent him a letter and a par-
sailing of Capt. Foote, it was observed that Captain Capt. Foote and his wife when they resided at Ashbur- eels and was surprised he had not received any answer
Baylay was very assiduous in his attentions to Mrs. ton : he knew them first there in 1800, shortly atter in return. The landlord, who is a German, said,
Foote, and that he frequented her house very much ; i their marriage. They lived there about two years, that he was very glad to see 'name-sake, as he never
upon which Capt. Cook, a mutual friend of Capt. ;during which time he (the witness) hived about a knew of one in England, and treated him hospitably,
recommending him to lodge at a neighbour's. A day
Foote and Capt. Bayley, spoke to the latter, and in- ! quarter of a mile from them, and was in the habit of I
or two afterwards, .at dinner, he related a story of
forested him thetreports were in very general circula- seeing them almost daily, at their own house and
ti en respecting the attentions shown by him (Capt. !at the houses of others—he frequently dined with i the apprentice-boy where he lodged having stolen a
watch, and added, as he was a dealer. in lace, he had
Bayley) to Mrs. Foote, and requested him, as the them, and they always appeared to live very corn-
considerable property about him, which he would
friend of both parties, to discontinue these attentions. fortably together. He visited them afterwards
thank the landlord to take care of. He then pro.
The defendant upon this declared, that his attentions at Star-cross, and knew them intimately for four
duced a £5OO, and a £5O. note, and said, " you see
to Mrs. Foote were perfectly innocent, that he had or five years. Upon being asked what degree of
here is £550." These notes he then sealed up in a
never taken so much liberty as to kiss her, and that affection appeared to subsist between them, he
his designs were wholly void of criminality. Here said, that he always thought them the happiest couple Pie" of paper, and delivered them to Shuckard, the
the matter rested for the present; but some months in the world. landlord. He afterwards went about the town, she
the a variety of articles of lace, jewellery, &c. re-
afterwards Capt. Cook spoke again to Capt. Baylay , Capt. Henry Hutchins Burkhead stated, that he is feiring to the landlord for his responsibility, who rea-
ms the same subject, and informed him that very rift- a Captain in the navy, and resided at Saltash in Fe-
(lily answered he had deposited considerable property
pleasant rumours respecting his intimacy with Mrs. bruary last. He recollected being called out of his
with him. This obtained him credit, and lie got the
F'ote continued to be circulated, and advised him to bed at an unusual hour, in that month, by Captain
goods of several tradesmen, with which he decamped;
decline going to the house. Capt. Baylay appeared Foote, who requested him to assist him in searching
and suspicion arising, the deposited notes were exa-
displeesed at the interference of Capt. Cook, and re- for Mrs. Foote, she having left his house that evening
mined, when they turned out to be sham notes, but
plied rather hastily, that where he had gone once to and had not returned.—He stated, that he and Capt.
so closely resembling Bank-notes, that the difference
Copt. Foote's house, he would now go twice. Capt. Foote, searched all about the water-side for Mrs.
is not visible on an ordinary inspection. The word
Cook told him he had better not do so, and left him. Foote, but not finding her, they returned to their
FLEET is introduced in small letters scarcely visible,
During this time, and while this intimacy subsisted, houses. Between the hours of eight and nine next
and the word PENCE is substituted for pounds ; the
and these reports were in circulation, in order to re- morning, Capt. Foote came to the witness's house ac-
corner letters are white on a black ground, exactly;
mitre any suspicion which might arise in the mind of compacted by Capt. Baylay :—after apologising for
resembling the genuine Bank-note.
Cep:. Foote from these rumours, which might possi. having disturbed him, Capt. Bayley said, that Capt.
lily reach him, Capt. Baylay wrote to him the follow- , Foote had come to him that morning to ask him if The prisoner was acquitted on the charge of fraud
on a deficiency of evidence ; but he was convicted of
ing letter: !Mrs. Foote was at his (Capt. Bayley's) house, and
" Saltasb, August 19, 1810. : that he had replied, he. did not know where she was publishing a note with the sum expressed in •" white
" Dear Sir—The intimacy which has subsisted between my ' „ you letters on a black ground," , which, by the Bank Act,
then. Upon which Capt. Foote replied, hastily,
family and yours for so many years, and the apparent cordiality is a misdemeanour, subject to six months imprison-
with which we parted last winter, have called forth on my part do know." Capt. Baylay said, " Go, if you please,
meet, which sentence he received.
those friendly attentions to your children, which I have at an to my house ;"—upon which both parties earnestly
times felt peculiar pleasure in 'hewing them. I should feel very requested the witness to accpmpany them to the de- The wife of a dragoon of the 10th (who has three
great regret under any circumstances that my motives should young children) was tried for stealing a watch, the
fendant's house. Witness on this consented to go,
have been questioned, but it is most particularly hurtful to my property of Captain Harding, of the same regiment.
feelings, to perceive a degree of coolness on the part of Mrs. Foot, and they accordingly went to the house together. On
The poor woman had hitherto borne a most respec-
which I ant conscious I have not deserved, and for which-1 am their way to the house, and after they came there, a
table character. The circumstances of the case, how-
greatly distressed; I have therefore adored what I conceived to great deal of hurried conversation took place, respect-
be. the most liberal and friendly line of proceeding, by acquaint- ing Mrs. Foote ; -when in the passage, Capt. Bayley ever, were too clearly proved to admit of any other
log you therewith, in order most effectually to put an end to the verdict than that of Guilty, and she was sentenced to
dangerous attempts and dark designs of unprincipled and cowardly attempted to go up stairs; upon which Capt. Foote ,
twelve months imprisonment in the Lewes House of
assassin*, who are equally desirous of injuring your happiness, said, " you shall not go up ;" on this, a servant who
Correction, as the slightest punishment that could be
and stabbing my reputation by an unseen blow. • Let 'that man was in the passage went up stairs, and they went into .
who dares chars me with any crime, conic forward boldly, and the parlour. Shortly after Mrs. Foote came into the inflicted—the capital part of the charge had been done
I will answer hirni My follies have often given me much tin- aw.ay.by the humane interference of the Judge, in
of parlour, the door tif which stood open, aad Capt. Foote
easiness in the.rsaospection ; but I thank Goa I am not guilty pointing out an error in the indictment.
any crime capable of giving me any permaoent regret, which I • addressed her in Captain BA ylay's presence, and said,
ought, had I been consciou. of it, to have felt, and in this instance if she could say she was innocent, he would take her When his Lordship ( ELLENBOROUGSt )in those tones
I have the honour to be supported, by the disinterested friendship home again. To this witness heard no answer re- of commanding expression so peculiar to himself, hints
many of the first Noblemen and others (my fellow Collegians) ed at the narrow escape she had had of being sepa.
turned, and Capt. Foote repeated the observation ;
in the kingdom. You will, my dear Sir, do toe the most friendly': rated, perhaps for ever, from her husband and chil-
°Mee imaginable, by giving up to me the authors of any charge ! when Mrs. Foote said something, rather indistinctly,
contrary to these my assertions, and I give you my honour, that importing that Capt. Foote wished to leave her in the dren, the wretched woman's feelings,became too acute
at the risk of my life, which I would prefer risking on such an tic- , Isle of Wight. Upon some further remarks
being
for mortal endurance. Her boson] heaved convul-
canton, I will prow.: them to be liars and scoundrels. sro pees sively, she gasped, staggered, and fell into the arms
made respecting where Mrs.Focae had spent the night,
myself oil the acquaintance id any family upon earth, I am proud of a person who had been supportfng her, and in that.
to say, l feel myself incapable of. It remains however for you to Capt. B. said, "he would nit tell a falsehood about
determine where it shall end. Ineither instance you will do me , it, she had been up stairs ;" Capt.Baylay then ordered distressing state she was taken from the Court. - .
the favour to believe me with truth and sincerity ever yours, I breakfast, of which hepinvited them to partake ; the Five persons received sentence of death at these
"a. Al. SAYLAT. invitation was not accepted, and be sat down to break. Assizes, among whore was Jacob Brabossy, for fe-
" P. S. I cannot omit the opportunity of thanking you for your
• , wine; I saw Ms, Williams yesterday inifast by himself. The witness feeling himself agitated, long, one of the King's German Legion, and four
. . a

left the room and returned home. —On his crOas-exa-
mination by Mr. Jekyll, he said he does not know
where Mrs. Foote is, except from report. Mrs. Foote
appears to be between 80 and 40 years of age, and
he supposes the defendant to be three or lour and
thirty. He does not know how long the plaintiff had
been married to Mrs. Foote; but knows they have
five children.
Mr. Jekyll then called Captain Cook to prove that
Mrs. Foote now lived with her husband. Capt. Cook
said he had received a letter from Capt. Foote about
two months since, in which he informed him of his
having taken his wife agin ; butoot•havitig the letter
to produce, it being left at Saltashf his evidence as to
its contents could not be received.'Here the evidence
closed ; when Mr. Jekyll achlressed the Jury on behalf
of the defendant. He contended that there was no
proof of any arts being used to seduce the affections
of Mrs. Foote, and that for all they knew, she had ofi
her own unsolicited inclination gone, on the night al-1
luded to, to the house of the defendant. The letter
from the defendant tc the plaintiff had all the appear-
ance of speaking the genuine feelings of his heart,l
and not, as stated by his learned Friend,, as being
dictated by.hypocrisy. He said there was no proof
that the plaintiff had Jived with his wife in a state of
conjugal affection ; one witness had not known them
since the year 1804, and Captain Cook had only ob-
serve,el their behaviour in company five or six times
dining 12 months. He said that Capt. Baylay's cir-
cumstances would not enable him to pay heavy da-
mages.
The Sheriff very ably summed up tl.e evidence,
and after having informed the Jury; that they were
not to inflict punishment on the defendant, but to
give such a sum as damages to the plaintiff as theyi
might consider an adequate compensation for the
jury he bad sustained, regard being had to the situari
ti n of the parties ; he lett it to their judgment to say
what these damages should be. The Jury, after some
deliberation, returned £lOO damages.

kind attention about the
good health.
Addressed," Captain Foote,
H. M. S. Partridge, Portsmouth."
In this situation things remained until Capt. Foote
returned to Saltash in the month of January last, at
which time it did not appear that he entertained any
suspicion of tht impropriety of his wife's conduct;
but Mrs. Foote quitted her house on the night of the
25th of February last, and went to that of the defen-
dant, where she continued until next morning. After
waiting for the return of his wife until a late hour,
Captain Foote went to the house of Captain Burk-
head, a friend of his, wholn he called from his bed,
to assist in searching for her. They searched for her
in vain, when not finding any trace of her, Captain
Foote and his friend returned home. Early on the
following morning, accompanied by Captain Burk-
head, he repaired to the house of the defendant, where
he was convinced his wife was secreted ; and there
he found her. The fact of her having passed the
night there was allowed by the defendant, and
thus the criminal intercourse being established, the
Jury had nothing to do but to determine the sum to
which they might consider the plaintiff entitled as
damages fur the injury he had sustained. They were
to consider that the defendant WAS the Vaintirs
friend ; that he had by his own admission, undertaken
to be a friend to his children, that he had by these
means obtained access to his family, and he took the
opportunities which this access afforded, to seduce the
wife of his friend ; to wound his peace, and to injure
his children ; and thus to make him the most unhappy
of men. The Jury might conceive of the sentiments
of the defendant by the following letter written by him
to the plaintiff's wife, after she was separated from her
husband. Though this letter was without date or
name, it would be proved to be in the hand writing
of the defendant:.
" My dear, beloved Sophia,
lam distracted almost to madness, under the pressure of a
thousand different reports. If you have any regard for the most
solenm promises, if you live me, send, 1 intreat you on toy knees,
the most convincing assurances of your unalterable attachment
and affection for me. Assure me. my dear beloved, that you never
more will live or cohabit with him, and that you are still faithful
to me, who am only yours in the most sincere affection, and who
lives for you alone. I pray Aestinwr v Go o to bless and protect
yen, and strengthen your love for me, under the severest crisis. j
Heaven bless you my dearest, dear Sophia! As you love me,
write I beseech you, your own faithful affectionate Henry. 1
have been told that you betray tne to him-1 do not believe it my
dearest love, were you to abuse my affection, I wou:d at the fir t
step publish all your letters; No, my beloved Sophia, I hope you
possess nobler sentiments than to stoop to the man you have in •
pired, and who in 'rainy I know you bate and fear, or betray the
surc.erity of the affection of him who is only and ever your own.
The first evidence was Capt. John Cook, who stated
that he is a Captain in the Navy ; that he knows the
defendant, who is also a Captain in the navy. The
defendant came to reside at Saltash in 1809, and lived
there as a gentleman of property. He also knoWs
Captain.and Mrs. Foqte, who cArne to live at Saltashl
in 1809, a few weeks before Capt. Foote went to sea.
He visited at the plaintiff's house, and from all the ob.
servatious made by the witness, he cmceived that the '

•
The decision at the Surrey Assizes, in the case of
Keen against Dormay, is of great importance to the
The journeymen millers all round the metro-
polis have struck for an increase of wages, and they]
chose the wannest season of the year, When flour will,
not ke:p, for this purrs:. The masters have resist.
cd, and they have kept the mills in work, by calling.
in common labaurers, who in the course of a month
or two will be sufficiently expert to take the places of.
the ringlea&ts in the conspiracy, for it is always the
worst hands who arc the most forward in these com.
binations. In addition, however, to sliking in a body,
they resolved to bring actions under the Statute of
Queen Elizabeth, against some of their masters, for'
exercising the trade without having served an appre*
ticeship to it. In this attempt they have complctelf
failed, fur in many parts of the kingdom gentlemen
are obliged. to keep a flnur•mill on.their estates fir thi
accommodation u their tenants.:).., r..•: 4i

S

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‘l.•{.• 40
SURREY SPECIAL SESSIONS.
INSOLVENT DEBTORS.
Yesterday the discharge of debtors, pnder the late
Insolvent Act, commenced before Mr. Serjeant ON-
sLow, and the Bench of Surrey Magistrates.
The first person opposed was William Anderson, a
coal and timber merchant. His discharge was ob-
jected to by Mr. LAWES, in behalf of George Jen-
kins, under the 36th clause, by which it is provided,
that all persons obtaining goods or money under false
pretences, shall be deprived of the benefit of the Act :
and, as it appeared from the confession of Anderson,
before the Commissioners of Bankrupts, he having
become a bankrupt since his arrest, that he had shewn
a 'hal, or fictitious bill, purporting to be a Bank of
England note for £lOOO, with a view to induce Jen-
kins to credit him for a parcel of timber, of the, value
of £136. He (Mr. Lawes) contended, that his con-
duct came within the meaning of the said clause, and
that lie should consequently be remanded. .
Mr. NOLAN, on the part of the insolvent, conten-
ded, that it must. nat only be proved that fraud was
intended, but that it had actually been accomplished,
and the goods in question obtained in consequence.
He denied that any fraud was Intended, and said,
that the note was merely shewn out of a joke, as was
often the case amongst persons in trade.
In order to prove that the goods had been actually
obtained, Mr. Lawns produced two promissory notes,
signed by Anderson for the very goods to which he
had adverted.
Mr. Serjeant ONSLOW, however, was of opinion
that these acceptances rather went to weaken than to
support the objection which had been made, as they i
proved that Jenkins had gone, upon other grounds in
giving credit than the £lOOO note ; and, as the de-
livery of the goods could not be proved in any other
way, he was of opinion that the objection must fall
to the ground. In giving this intimation, however,
he observed to the insolvent, that he did not g..>
away with any tri-imph; as his conduct was mani-
festly dishonest and grossly fraudulent.
Mr. Limes then adverted to the schedule, in which
he remarked, that the insolvent, in stating his effects,
had neglected to particularize the witness to a bond
for £lOOO, although he knew the name of that wit-
ness. This, he thought, was another ground for re-
manding the prisoner.
Mr. Not-km hoped that, as it was in the discretion
of the Court to admit this latter objection or not,
that they would, on seeing that the prisoner could de-
Irive no advantage from the omission, suffer him to
amend it forthwith.
Mr. Serjeant ONSLOW admitted, that the Court had
1 the discretionary power to which the Learned Coun-
sel had alluded. Upon viewing the whole complexion
of-the insolvent's case, however, which appeared to
him fraudulent in the highest degree, he could by no
means agree, that he was a person to whom such ar
indulgence should be granted. In this opinion ''