Maria Foote at this time was one of the most popular actresses in London. Some years before she had come on a starring tour to Cheltenham, a town much affected by the notorious Colonel Berkeley, who being passionately devoted to the stage, and possessed moreover of some histrionic ability, gallantly offered to perform for her benefit. The colonel was notorious for his gallantries; under a promise of marriage--which could not then, he said, be carried into effect, inasmuch as he was then petitioning the Crown to grant him the dormant peerage, which a marriage with an actress could not fail to prejudice--he succeeded in accomplishing her seduction, and she continued to live under his "protection" till, on the birth of her second child, she arrived at the true conviction that he never had any intention of fulfilling his promise. There was at this time a silly fellow about town, Mr. Joseph Hayne, of Burderop Park, Wiltshire, familiarly known (in reference to the colour of his coat) as "Pea Green Hayne," who fell in love with and proposed to the fascinating actress. There was no attempt at concealment on her part: it was stated at the trial which followed that she herself wished to communicate to him the circumstance of her connexion with Colonel Berkeley, when this gallant gentleman saved her the trouble of doing so, and one night when they were in the pit of the opera together, took the characteristic course of making Hayne acquainted with the liaison, and the fact that it still existed. Hayne immediately broke off the engagement; but soon afterwards not only renewed it, but fixed the day of marriage. Again he broke it off, again yielded to the fascinations of his enslaver, and this time not only was the wedding-day fixed and the license obtained, but "Pea Green Hayne" took a solemn vow that nothing should separate him from the object of his affections. Believing that all was safe, Miss Foote now threw up her engagement and disposed of her theatrical wardrobe, but the weak-minded, vacillating creature, who could not summon up resolution either to have or to leave her, let matters go on to the very day, and again failed to put in an appearance. Some preliminary letters having passed between the parties, Maria then issued a writ, and recovered L3,000 damages in the action which followed. The plaintiff, who seven years afterwards became Countess of Harrington, died in 1867. "Pea Green" Hayne was also known as the "Silver Ball," in allusion to his large income, which was smaller however than that enjoyed by his friend and contemporary, Hughes Ball. After his exposure in the action Foote _v._ Hayne, he received the far more appropriate nickname of "Foote-Ball."