After a short interval, Hayne returned to London and called on Miss Foote, at her father’s residence, and they became perfectly reconciled, and the 28th September was finally fixed for the day of their marriage. This fell on the Tuesday, and Monday was appointed for the execution of the marriage settlement. On Saturday, Hayne, accompanied by Mr. Foote, went to Doctors’ Commons, and there procured the marriage licence, which Hayne himself delivered into the hands of his intended bride, and solicited leave to wait on her the following morning. But instead of calling himself, a gentleman named Manning appeared at the house of the Footes, and brought a letter from Mr. Hayne to the father of Maria, which stated that poor Joseph was so wretched as to be unable himself to call, but that the bearer would explain everything, and finally concluded by breaking off the match.
After this, Miss Foote received another letter from Hayne: “My dearest Maria,—We know each other well; but with all my faults, you have a regard for my honour,—my attachment to you is unabated. I entreat you to grant me an interview in any other place than Keppel Street.”
To this letter the fair Maria replied: “Is this the way of proving your love and regard for me? To my honour and your shame be it spoken, that I am 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 consent to see you, but it must be in the presence of my family: if I am well enough, on Saturday, at one o’clock, it will be convenient to me to grant you an interview.” In reply “Pea-green” wrote: “Farewell for ever.—Hayne.”
For his breach of promise, Miss Foote brought an action for damages. The Attorney-General was retained on behalf of the plaintiff; and Mr. Scarlett on behalf of the defendant. The case was heard on 21 December, 1824.
It then transpired that Mr. Foote, the father, had been given by Mr. Hayne, to secure his goodwill, the sum of £1150; that Miss Foote had received presents from the defendant to the value of £1000. It was shown that gross deception had been practised on Hayne, at the time of Maria’s expected confinement, to conceal from him her condition, and it had been represented to him that she had been taken into the country as suffering from a pulmonary complaint.
However, after he had learned all the circumstances, and knew that she had been “under the protection” of Colonel Berkeley and had borne him two children, he renewed his offer of marriage. Miss Foote demanded £20,000 damages. The jury, after a brief consultation, agreed to accord her £3000; a large slice of which sum, if not the largest portion of it, was eaten up by the lawyers employed in the case by her.
None came out well in the matter. As the Attorney-General remarked: “He could not trust himself in using language he thought sufficient to express his detestation of Colonel Berkeley’s conduct.” Joseph Hayne appeared as a public fop who did not know his own mind from one day to another.
Mrs. Foote was revealed to be a scheming unprincipled woman, but Mr. Foote came out worst of all. As The Examiner said of him: “There is scarcely a family living, or a family dead, that he has not treated with the dirtiest selfishness, whatever were his obligations—spunging till he was insulted, lying till he was discovered, puffing till he was the butt of the town. The people of Plymouth can relate a thousand instances of this description.”
Maria Foote came out best of all. She, brought up by such detestably mean parents, without protection, exposed to temptation at every turn, was more to be pitied than blamed. This the town felt, and when, on 5 February, 1825, her benefit was given at Covent Garden Theatre, the house was packed. The Drama, or Theatrical Magazine, says: “The fullest house of this season, indeed of any season within our experience, assembled this evening. The performance was not the attraction; the overruling anxiety was to be present at the reappearance of Miss Foote. A more intense interest could not have been displayed; it was without parallel in the records of theatrical history. For many weeks past every seat in the boxes—in the dress circle—of the first circle—in the slips—all were engaged, and would have been engaged had the theatre been double its dimensions. Even part of the orchestra was appropriated to the accommodation of visitors with guinea tickets; and an additional douceur was in the course of the evening given even for tolerable sight-room. Not the fraction of a seat was to be had; and before the rising of the curtain the whole interior of the theatre was crowded almost to suffocation. During the first scenes of the performance (The Belle’s Stratagem) little else was heard than the din and bustle consequent on the adjustment and regulation of places. At length, at an advanced period of the first act, Miss Foote appeared. The utmost stillness prevailed in the house immediately previous to her expected entrée; she at length appeared, and was received with a burst of loud, continued, and enthusiastic acclamation, such as we never remember to have heard or known to have been equalled at any theatre. All the persons in the pit and, with scarcely an exception, in the boxes and other parts of the house, stood up and welcomed her return to the stage with the most marked and emphatic kindness. The waving of hats, handkerchiefs, was resorted to. There was something, too, in the manner of her appearance, which contributed greatly to enhance, while it seemed to entreat, the indulgent consideration with which the audience were inclined to receive her. She advanced with downcast look and faltering step to the front of the stage, and became affected even to tears. There was a diffidence, a timidity, and a truly distressing embarrassment in her mode of coming forward, which, together with her beauty and the recollection of her sufferings, was calculated to compel pity. It was a scene which did equal honour to the audience, who duly appreciated the distress of her situation, and to the object of their sympathy, who gave such a pathetic attestation of her consciousness of it. Many ladies—and there were many present—could not refrain from tears. Those parts, and there were several throughout the play, capable of being applied to Miss Foote’s peculiar situation, were seized on by the audience, and followed by loud plaudits. At the delivery of the lines
What is your fortune, my pretty maid?