A Sad Demise

 Family dynasties have always fascinated me, and every family hides a dark secret (or two). Today's blog is about a famous family which had many a peccadillo, but the subject today is a rather sad member who lost his way.

MAXIMILIAN JOHN FOY 

Max, as he was generally known, was born in 1882, the youngest son of Mark Foy from his second marriage to Catherine Power, who he had married on Christmas Day 1879. Mark's first wife, Mary Macken, had died in March that year after having had eight children, the youngest being seven years of age. Mark had emigrated to Australia in 1858 chasing gold but eventually settled on opening a drapery shop in Collingwood. He eventually passed the drapery store to his son Francis in 1883. Francis, after a brief partnership with William Gibson sold the business to him and in 1885 Francis Foy went on to establish the Mark Foys department store in Sydney in partnership with his younger brother, Mark.

Mark Foys Department Store (now The Downing Centre) -Wikipedia with thanks

Max's mother Catherine was only 26 years old when Mark Foy senior died in 1884. Mark Foy left half of his considerable estate to Max to be paid to him upon his 21st birthday. The remainder he left for Catherine with the proviso that she did not marry again.  She later entered a long-term relationship with Leslie Nicholson and it was as Maximilian John Nicholson that her son was enrolled at Geelong College in 1896, though he later reverted to using the name ‘Max’ Foy. 

At the College Max demonstrated himself to be an able and 'gifted' student winning prizes in English and French tuition. In 1899 he was a member of the 2nd Shooting Team which represented the College at the Victorian Rifle Association (VRA) competition that year.

Mark Foy and his younger half-brother Max who was 17 at the time - from public images at Ancestry.com

In 1903 aged 21, Max inherited the half share of his father's estate and 1905 found him living in Vulture Street Brisbane by 'independent means'. He returned to Sydney in 1907 and associated with his half-brother Max and often stayed for months on end at Mark's property, The Hydro-Majestic at Medlow Bath. 

Old poster of Hydro-Majestic Hotel - The Dictionary of Sydney with thanks

"Cat's Alley" interior of Hydro-Majestic - author's own

Max married Marcia Madeline Lewis in Sydney in 1913, spending their first night as a married couple at the "Hydro" and three children were subsequently born of the union. During this time Max purchased a number of racehorses, of which the best performing was "Pretty Baby", initially trained by John Moore. It appears that not long after this time Max became embroiled in the shady area of the horse racing industry.

In 1921, Max was arrested and charged with attempted murder of John Moore of Kensington, who he believed had defrauded him. The court heard that the bullet missed Moore but hit a door causing flying fragments to injure the trainer's niece, Vera Anderson. Max stated in defense that he had not intended to fire the gun but had only carried the firearm in an attempt to have Moore admit his role in what Max believed was a conspiracy by the Australian Jockey Club. He was of the opinion that horse trainers had a vendetta against him and fixed races causing his horse to lose on numerous occasions between 1918 and 1920. He claimed that Moore had not trained his horse properly causing him to underperform. Max had laid bets on it to win but given its failure had lost money. He had been forced to sell the horse for less than he had acquired it for in order to recoup losses. Max then found to his dismay that under a new owner the horse consistently won races. He stated that the gun had accidently discharged and added that as a champion shooter if he wanted to shoot to kill, he would not have missed. The constant strain had led to the breakdown of his marriage in 1920 soon after his third child was born.

Max was found not guilty of shooting with intent to murder on the grounds of insanity and detained at the Governor's Pleasure - Parramatta Mental Hospital. At the time of the offence, Max was on bail from Callan Park Mental Institution where he was undergoing treatment for 'mental confusion'.

Gaol photo of Maximilian John Foy - NSW State Archive 

In 1929 whilst still in custody, Max made an application for release saying he was of sound mind and at the time of the court case he had followed legal advice pleading guilty with the assumption that he would receive a shorter sentence. Matthew Kilpatrick, the member for Wagga Wagga, made representations on behalf of Max and the Executive Council recommended his conditional release from Parramatta Mental Hospital which was soon upgraded to "unconditional".

Max appears to have worked intermittently as a labourer in his later years though, at times, possibly unemployed and it is uncertain how much of the Foy inheritance he retained, if any.

Max died on 28 May 1949 in the Lidcombe State Hospital and is buried alone in the Anglican area of Rookwood.

Headstone of Maximilian John Foy - findagrave with thanks

There is a tinge of sadness about Max's life; one of privilege with so many opportunities emanating from being born to a family of significant means, receiving the best education and showing promise then his hopes and dreams had turned to “dust”. 

His headstone is engraved with the words “The Lord shall healeth the broken in heart, and bindeth up their wounds” indicating that his life of despair was known to those who loved him.

I have not been able to locate any further information about his wife Marcia, whose grandfather was the renown NSW Colonial Architect, Mortimer William Lewis. He listed the Darlinghurst Court House, Gladesville Mental Hospital (where his son Walter was Governor at one time) and Customs House, amongst many others. 

Maximilian's life is detailed in many Google and Trove searches and his life is succinctly listed in a reference in the NSW State Archives "Captured" exhibition, where you can view the e-magazine

here

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