William Cracroft Fooks (1812-99), Charged with Assault.

The research that I did for my item on this blog about the life of William Cracroft Fooks (1812-99) showed that he was a barrister who became a QC and later a JP. However, the story below from the Gravesend Reporter dated 29 Aug 1863 indicates that he was not a paragon of virtue all his life. If the witnesses are to be believed (and it seems unlikely that they all lied), he and two of his sons behaved loutishly in Gravesend in 1863 when William was aged 51 and his sons were 23 (William junior) and 21 (Walter). The alleged victim, Cornelius Hathaway, was aged 49 at the time of the incident.

The Assault Case at Milton Hall.

William Cracroft Fooks, sen., William Cracroft, Fooks, jun., and Walter Pemberton Fooks, of Dartford, were charged with violently assaulting Cornelius Hathaway, the proprietor of the wax figures at Milton Hall on the previous evening. Mr. F. Southgate appeared for Walter Pemberton Fooks. Mr. Fooks, sen., and Mr. Wm. Fooks, jun., conducted their own defence. Mr. Southgate applied that the cases might be heard separately, inasmuch that he would not be able to call them as witnesses if the charges were all heard together. Mr. Hathaway, the complainant, said that he charged the whole of them with assaulting him jointly. The bench said they would hear the case against the whole of them. The witnesses were, at the request Mr. Southgate, ordered out of court.

Clara Padosta deposed : I am an assistant to Mr. Hathaway, the proprietor of the wax works at Milton Hall. The previous afternoon, between five and six o’clock, the three defendants, in company with two other gentlemen, came into the hall, having paid the entrance money at the door. Mr. Fooks, sen., on getting in the room, began to lift the clothes of the female figures, and I went to him and requested him not to touch the figures. Mr. Fooks, sen., then put his glasses on and put his face into mine. The three defendants with the two other gentlemen closed around me so that I could not get out. My husband then came up and pulled Mr. Fooks, sen., on one side, to let me pass out. Mr. Fooks, sen., then struck my husband a violent blow and all three then came round and began to strike him and got him down on the ground. Mr. Hathaway then came up to see what was the matter, and said “For God’s sake, gentlemen, leave off; we can settle this without fighting.” They all three then struck Mr. Hathaway and knocked him down. Mrs. Hathaway then went to my husband’s assistance, when Mr. Fooks, sen., assaulted me striking me. They fought with Mr. Hathaway for about five minutes. Mr. Hathaway did not return the blows. They were got out at the door, and while I was holding up a wax figure at the door which was falling down Mr. Fooks, sen., struck me on the head and said “I will kill you, woman.” Mr. Fooks, jun., and Walter Pemberton Fooks got my husband down on a form at the door. They got out and endeavoured to make their escape, but they were detained till a constable was fetched, when they were given into custody.

Cross-examined by Mr. Southgate: The labels on the figures are small; some of them very small. They might be seen without touching the dresses. I don’t know whether my husband asked them to move before he pulled Mr. Fooks, sen., on one side. I am not positive whether be pulled him on one side or pulled him back. I cannot say how he was moved. The moment he was moved he turned round and struck my husband a blow. Mr. Hathaway then came and Mr. Fooks struck him; the stick produced belongs to my husband, and he fetched it from the door after he was struck. I did not see him attempt to use the stick. There were two females there —myself and Mrs. Hathaway. I struck Mr. Pemberton Fooks, when he was on my husband. I did not see Mr. Hathaway strike any one. None the defendants, to my knowledge, left the room during the fight. They fought their way out. Mr. Hathaway tried to get away from Mr. Fooks, sen., when he was fighting. I cannot say whether Mr. Hathaway went to the door. He did not call any people into the room. Pemberton Fooks had my husband down when I struck him. My husband, after he got up, went for the stick. I did not hear him say anything when he fetched the stick. I do not believe he said anything, as I was close to him at the time.

Cross-examined by Mr. Fooks, sen.; The stick was kept at the door in the corner, it is usually kept there. The name of the figure you was at was Madame Pompriery. I cannot say what distance it is from the door; it is about half-way down the room. The label was pinned on the corner of the apron of that figure. You put your face into mine. I cannot say how long it was after you pushed my husband before he fetched the stick. I would not swear he did not say “I will kill the b--------”, I did not hear him say so. Mr. Hathaway was struck before the stick was fetched. Mr. Hathaway did not touch you till you struck him. I did not pull your whiskers at all. I cannot say whether Mrs. Hathaway did. Mr. Hathaway did not go the door to mv knowledge. Several persons came into the room. My husband did not fetch any persons in when he went to the door, he only fetched the stick, which was taken away from him by Mr. Pemberton Fooks. I cannot say what you were doing then.

Cross-examined Mr. Fooks, jun.: You did not ask for catalogue when you came in. I told you the names of the figures were on them. It was at the door going in the room.

Joseph Padosta deposed that he was the husband of the last witness, and was an attendant at the wax works of Mr. Hathaway, Windmill Street. The three defendants, accompanied by two other gentlemen, came there on the previous evening, between five and six o’clock. On going into the room Mr. Fooks, sen., pulled up the clothes of a female figure, and was requested my wife not to touch them. They then pushed my wife into a corner, and I went to them and said please let my mistress out. Mr. Fooks, sen., then put his hand up a fighting attitude, and I told him not to strike. He then knocked me down, and the other two defendants knelt upon me. My master then came up, and was knocked down. Witness went towards the door and they ran after him; got hold of him, and knocked him down at the door. Witness got hold of a stick to defend himself. They took the stick away from him and he then ran out and fetched a policeman. Whilst was coming out of the door he received a blow on his back from the stick, but he could not say who struck it.

Cross-examined Mr. Southgate; They pushed my wife into a corner of the room. I said please to allow mistress to come out, and then saw his fist up and said do not strike me. I then took the stick to defend myself. I did not use any abusive language; they got the stick away from me.

Cross-examined by Mr. Fooks, sen.: I am the man who was at the door in livery. My place is anywhere. I am the doorkeeper, but am not stationed there. I was inside of the door. I was there when my wife was inside, on the right hand side. She was not by the desk; she was in the exhibition room. I stopped at the door. I saw you push my mistress in the corner. When I came in she was between the two pedestals. I could see the figures from where I stood. You lifted up the clothes of the female figure. You lifted up the gown. No catalogue was asked for. Walter Pemberton Fooks tore my shirt and clothes. You first struck me, then you struck my master. I was not up when I took the stick. The stick was taken away from me, and I then ran away for a policeman.

Cornelius Hathaway deposed that he was proprietor of the waxwork exhibition at Milton Hall. The three defendants together with two other gentlemen came up, paid the admission money and went in. As they were going in one of them remarked that they were going in to see some blocks of wood. He remarked, “No, gentlemen; you are going to see some wax figures.” Soon after they were in, one of them assaulted his assistant. Witness then went up to them and said, “For God’s sake, gentlemen, leave off and settle this without fighting” when Mr. Fooks, sen., assaulted him and struck him several blows. The other defendants also assaulted him. Mr. Fooks, sen., struck him a violent blow in the eye. This witness was cross-examined by Mr. Southgate and Mr. Fooks, sen., without shaking his evidence.

Mr. Southgate said that from an intimation he had received, he was quite willing on behalf of his client to offer recompense for the damage done to the complainant on his consenting to withdraw the charge. Mr. Fooks, sen., said it must not be supposed that he would submit to it as a penalty. It was not a question of money with him, but question of character. He was quite willing to recompense the man, but not for it to be inflicted as a penalty. He said he only was taken his own and son's part, and that he had witnesses to call who would alter the case altogether. The complainant at first refused accede to a compromise, but afterwards consented to withdraw the case. The defendants having compensated him for the damage done, the case, which had lasted three hours, was then withdrawn.