Sly-grog shop (or shanty) - Araluen Valley History

A picture which shows diggers lying and standing around in front of a tent at the side of a road. Illegal alcohol could be purchased under the respectable guise of meals and soups tent. — ^{Gill, S. T., 1818-1880, Sly Grog Shanty. Courtesy State Library Victoria}

A sly-grog shop (or shanty) was a term used to describe an unlicensed vendor of liquor, sometimes selling home brew or poor-quality products, and often suggested as providing additional income by the wife of a gold miner. At one time a person could go into almost any tent upon the diggings and get a glass of grog. The sign-post for those tents in general consisted of a large assortment of glasses placed in some conspicuous place, but most frequently near the door, we have even seen them outside the tent; those latter gentry, however, took care always to fee the police well.¹

As early as 1829, a solution to widespread sly grog selling was described in the Sydney Monitor² as ‘A club is on the eve of being established in Sydney by the licensed Publicans, to protect themselves against the nefarious system of sly grog selling. (They can never do this. The only way to put down sly grog shops, is, to open the trade, and grant every man a license, whose character is vouched for by gentlemen of reputation. ED.)’

^{Happy Valley, Thomas Taylor, 1855 license.}

A publican license was granted annually, following a hearing which satisfied the magistrates that the publican was of good fame and reputation, and fit and proper to be licensed, and the payment of licensing fees (each year) with two 50 pound sureties. As the Sydney Morning Herald³ reported in 1853, ‘A publican pays a heavy fee for his license, and while he holds that license he is under the most stringent law ever passed even in a colony which has not lost all traces of its penal character. A publican, therefore, has a right to the utmost protection that the Executive can give him, and it is an offence when the Executive, by its laxity of conduct, permits that protection to be weakened.’

The Licensed Victuallers’ Act

The Licensed Victuallers’ Act was … as summarised in an 1852 article titled Sly Grog Selling at the Diggins⁴ ‘the section of the Licensed Victuallers’ Act … it shall be lawful for any Justice of the Peace, constable, or other peace officer, to seize and take away, or caused to be seized and taken away, and to convey or caused to be conveyed, to the nearest Police Office,

all such fermented or spirituous or mixed liquors as aforesaid as he or they shall have reasonable cause to suspect to be carried about for, or exposed to sale in any street, road, or footpath, or in any booth, tent, store, or shed, or in any boat or vessel, or in any other place whatever, by any person not licensed or authorised to sell the same in such place; and
the vessels containing the same, and all the vessels and utensils used for drinking or measuring the same, and any cart, dray, or other carriage; and any horse, horses, or other animal, or animals, employed in drawing or carrying the same, as well as any boat or vessel used in the conveyance of such liquors as aforesaid; and
it shall be lawful for any one or more Justice or Justices of the Peace, in a summary way, on his or their own view, or on confession of the party, or on complaint thereof made by any person without any formal information, and on proof of such offence by the oath of one or more credible witness or witnesses, to convict any person so offending of carrying about for or exposing to sale such liquors without a license, and on conviction, such person shall forfeit and pay any sum not exceeding fifty pounds;’.

Sly grog at Bells Creek

Sly grog was undoubtedly a part of life on the Araluen Goldfields. As Kennedy⁵ recollected when detailing Bells Creek in early days, ‘The first grog shanty that was on the Creek was kept by a man of the name of Sam Carruthers … At Bully’s Acre, Carruthers kept nothing but whisky, which he made himself. His still was out in the Irish Corner Mountains in a place which now goes by the name of Hell hole’. In 1851, the Goulburn Herald ⁶ reported ‘Four different parties were taken for sly grog selling on Bell’s Creek this week.’

By November 1851, sly grog shops at Bells Creek were reported in the Sydney Morning Herald⁷ ‘The term, sly grog selling, is very in-appropriate to the custom usually denominated so, at the Bell’s Creek diggings; public grog selling is the more appropriate name. Two parties lately in the Queen’s pay are notorious for selling grog on Bell’s Creek. Last Sabbath the half of those at that place were more or less intoxicated.’ The Sydney Morning Herald⁸ in March 1852 commended ‘The exertion made by our new commissioners, Mr. King [William Essington King, Esquire,] transferred from Sofala, as advertised February 1852,⁹ and Mr. Massie, to put down sly grog selling, gambling, &c, have been highly creditable to those gentlemen and the moral character of the miners on both the creeks have completely changed within the last month.’ The Goulburn Herald¹⁰ added in February 1852 ‘The new Commissioner, W.E. King, Esq, has hunted out several sly grog shops, and exterminated them for a time. He acts with much determination and is treated with great respect.’

In March 1853¹¹ in a letter to the Editors of the Sydney Morning Herald, a correspondent wrote ‘I have lately made a tour through the Braidwood gold diggings, and have found that they form no exception to the evil I have alluded to. On Moreing’s Flat and Bell’s Paddock, grog is not sold on the sly, but publicly, by a score or more of unlicensed persons. There is a public house (well supplied) on the paddock; but, notwithstanding this accommodation, at every third tent the pernicious stuff usually vended by the illicit seller is openly disposed of, and, if the police did their duty, they could be fined any day.‘

Sly grog at Araluen

A report in the Sydney Morning Herald¹² in September 1851, about Araluen, stated ‘Everything is very quiet here; there is no gambling or sly-grog selling as yet, but I have heard of a party who thinks of turning a penny by the latter line. Should he appear with his accursed kegs in the valley, I hope that the diggers to a man will reward him with a good sousing and a branch of river oak.’

In Araluen a year later, in September 1852, the Goulburn Herald¹³ reported ‘some disturbances which had taken place at Araluen. The particulars, I have since heard, are as follow. A man Proctor, who was driving rather a good trade by grog selling, had refused to supply some of his customers with more liquor. They, maddened by rage and intoxication, seized him, kicked, beat, and dreadfully maltreated him. Not content with this, they then proceeded to burn his tent, which they accomplished. News of the matter was soon conveyed to the Commissioner, at Bell’s Creek, and in an hour’s time the offenders were secured. They have been forwarded to Goulburn, to be dealt with at the ensuing Quarter Sessions. Informations have been filed against Proctor, for sly-grog selling, but he has decamped.’ The Sydney Morning Herald ¹⁴ further added, a couple of days later, ‘At Araluen, 48 licenses have been issued today; men can there make their 10s. a day. We regret to hear that this spot has been an exception to the general good order which prevails through the diggings. The other day some offenders were forwarded to Goulburn on a charge of aggravated assault on a man, and willful burning of his tent. The sufferer was a sly grog seller. And, today, no less than ten offenders were taken into custody and summarily dealt with by the Commissioners, who, hearing reports of the disorder, went down with six mounted troopers, and succeeded in breaking up the nest of wickedness. Some kegs were destroyed, and we hope we shall find that these decided measures have produced the desired effect.’

The Sydney Morning Herald¹⁵ then editorialised ‘The prompt and decided measures taken with the disorderly ones at Araluen will act as a salutary warning to those who are inclined to carry on their evil practices. I regret to say sly-grog selling is still carried on both in the diggings and through the district. In reference to the diggings it has been suggested that if, for a time, the commissioners were systematically to refuse issuing a license to any character known to engage in this nefarious trade, and not only so, but where suspicion exists, not to be satisfied till proof was given of their innocence in this matter, and their general probity. If this were done, and done regularly, the mischief might soon die out. As to the district generally, the evil will still continue I fear unchecked, until some new plan be devised for detecting and punishing the offenders. To punish by a pecuniary fine only induces the offenders more desperately to carry on the traffic. To the system of informing, I confess I still see many grave objections. Would it meet the evil, if power were granted to search a house on the affidavit of a certain number of respectable householders that the parties occupying were supposed to deal in this illicit traffic? Let them, at beyond a certain quantity of liquor (some quantity is, I believe, specified in the existing Act), be seized for a second offence, let the punishment be imprisonment. The evil has reached to such a height, and is likely to grow, that it is quite useless to tamper with it.’

The Braidwood News publishing their return of the 113 'Sly grog Shops' in operation, up to 30th June 1862 — The Braidwood News publishing their return of the ‘Sly grog Shops’ in operation, up to 30th June 1862

In 1859, the Goulburn Herald¹⁶ reported ‘Araluen – There are about 700 souls in the valley, the greater part of them being scattered over the lower diggings. There are many stores, some of which do a roaring trade in “slops”, flour and groceries, and there are seven or eight public-houses, besides other places where, according to rumour, a bottle might be had on the sly. In short, John Bull, Paddy and Sandy have taken care to supply themselves with a sufficiency of that throat blistering liquid that is so grateful to the palate of the rough and hard-working digger. As a natural result, the publican and blue devils alike flourish in rank luxuriance on this gold field. The yield of the precious metal, however, is sufficient to allow of a large grog expenditure, and still leave an ample balance on the best side of the account.’

The Braidwood News ¹⁷ reported in July 1862 that ‘with some considerate trouble and expense, [that they have] undertaken to make a return of the number of sly grog shops in the police district of Braidwood. The return is only up to the 30th June,[1862] and, although ‘we have’ used every artifice, and indefatigably exerted ourselves to draw up a correct statement, we still doubt whether we have one-third of the actual number… We find there are the following sly grog shanties scattered over the district, now in full operation… Upper Araluen-5, Crown Flat, Araluen-13, Golden Point, Araluen-7, Lower Araluen-5, Bells Creek-3’. The published list for the Braidwood district totalled 113. Continuing in August¹⁸ and reporting some success in that five were ‘shifting bag and baggage’, and one was before the Courts, while adding that despite threats, they were determined to ‘do our utmost to rid the district of these dens of vice’.

Court cases and fines imposed

Court cases and fines imposed for Sly Grog selling include …

For Sale notice for the boarding establishment known as Mrs Wolloughby’s in February 1864 — ^{1864 ‘For Sale’ notice for Mrs Wolloughby’s boarding establishment}

In 1852 the Goulburn Herald¹⁹ reported ‘A Court of Quarter Sessions will be holden [held] in Goulburn, on Thursday the 18th instant [March 1852]. There are at present few prisoners for trial. We believe there is an appeal against a conviction of the Bench at Araluen, in a case of sly-grog selling.’
In December 1863, The Araluen Star reported that ‘Mrs. Wolloughby appeared on remand to answer a charge of Sly Grog Selling, for having, on the 14th November 1863, sold to one Alexander Christie [Kangaroo Inn] one half pint of spirits, to wit a liquor called brandy. Mr. Scarvell appeared for the defendant. The prosecutor applied for an adjournment until the arrival of Mr. Fell, who had been engaged for the prosecution.’²⁰
In 1868, the NSW Police Gazette²¹ reported that ‘John Darch, Araluen, [Golden Point Hotel] summoned by Constable Ryan for selling spirits without a license, has been fined £80. Fine paid.‘
The July 1868 New South Wales Police Gazette and Weekly Record of Crime reported ‘Richard Chynoweth, [Kangaroo Inn] Araluen, summoned by Sergeant Brennan for not having his brewery registered as directed by the 17th Sec., 13th Vic., No. 26, and was fined the mitigated penalty of £2 14s., including costs. The fine paid,²² and brewery registered.²³
In December 1870, William Norman, [Mountain Inn, foot of Majors Creek Mountain]²⁴ summoned by Sergeant Brennan and Constable Lenihan, Araluen Police, for selling spirits without a license, has been fined £30. One week allowed to pay fine.
A conviction for Sly Grog Selling was reported in the Sydney Morning Herald in December 1873²⁵ as ‘Mrs Brissett was summoned before Mr. Burns, P.M for selling spirits without a license. Mr Brissett [The Rising Sun] holds a license to sell wines … Mrs Brissett, … stated that she did not serve the boy Nicholls or any other person with brandy, as she had been very ill, confined to her bed during the whole of the day of the alleged sale of spirits, and her daughters positively deposed … His Worship found the defendant guilty, fined per case, or three months in gaol in default of payment, giving her a week to pay the fine‘.
The New South Wales Police Gazette²⁶ detailed in January 1874 that ‘Joseph Brissett, [The Rising Sun] summoned by Senior-constable Murphy, Araluen Police, for selling spirits without a license, has been fined £30 and costs, in default of payment three months imprisonment in Braidwood Gaol. Seven days allowed to pay the fine.‘
In April 1877, the New South Wales Police Gazette²⁷ detailed that ‘Joseph Brissett, [The Rising Sun] the holder of a wine license, summoned by Senior Constable O’Brien, Araluen Police, for having in his licensed premises at Araluen, two quarts of brandy and one pint of gin, has been fined £5. The spirits confiscated. Fine paid. This being the second conviction within twelve months Brissett’s license has become void.’
In the Araluen Police Court in March 1886, the Evening News²⁸ reported ‘a Chinaman was brought up on a charge of sly-grog selling, and after a great deal of evidence had been heard, he was found guilty and fined £30′.
‘Ellen McCarron was charged, on the information of Sub-Inspector Brayne, for that she did, on the 4th [March 1905], at Bell’s Creek, sell certain spirits, to wit, whisky, she not being at the time the holder of a license to sell spirits. …. Sub-Inspector Brayne said that although this was her first offence her husband had been convicted of sly grog selling in the same house in 1894, and he asked for the highest penalty being inflicted. Fined £20 with costs of court 5s 6d; in default three months, in Goulburn Gaol. A month was allowed to pay the fine upon the accused finding one surety beside herself. Half the fine was directed to go to the Police Reward Fund.²⁹ Mrs Ellen McCarron was fined £30 and costs, in default three months in Goulburn Gaol, for sly grog selling. Mrs McCarron lived at the top of the Araluen Mountain, where the weary enjoyed a rest and the mountain dew‘ reported the Delegate Argus on 25 March 1905.³⁰

References

1
Sydney Morning Herald (NSW: 1842-1954), Saturday 25 March 1854, p 3.
2
[Sydney Monitor (NSW : 1828-1838), Monday 28 September 1829, p 3.
3
Sydney Morning Herald (NSW : 1842-1954), Saturday 5 March 1853, p 3.
4
Goulburn Herald and County of Argyle Advertiser (NSW : 1848-1859), Saturday 3 April 1852, p 4.
5
THE BRAIDWOOD GOLDFIELDS IN THE 50’s AND 60’s. (By Old Hand.) XXIII Braidwood Dispatch and Mining Journal (NSW : 1888-1954), Saturday 4 April 1908, p 2.
6
Goulburn Herald and County of Argyle Advertiser (NSW: 1848-1859), Saturday 13 December 1851, p 4.
7
Sydney Morning Herald (NSW : 1842-1954), Saturday 22 November 1851, p 3.
8
Sydney Morning Herald (NSW : 1842-1954), Friday 5 March 1852, p 3.
9
New South Wales Government Gazette (Sydney, NSW : 1832-1900), Friday 27 February 1852 (No.23), p 357.
10
Goulburn Herald and County of Argyle Advertiser (NSW : 1848-1859), Saturday 14 February 1852, p 5.
11
Sydney Morning Herald (NSW : 1842-1954), Saturday 5 March 1853, p 3.
12
Sydney Morning Herald (NSW : 1842-1954), Tuesday 23 September 1851, p 3.
13
Goulburn Herald and County of Argyle Advertiser (NSW : 1848-1859), Saturday 4 September 1852, p 4.
14
Sydney Morning Herald (NSW : 1842-1954), Tuesday 7 September 1852, p 2.
15
Sydney Morning Herald (NSW : 1842-1954), Saturday 11 September 1852, p 3.
16
Goulburn Herald and County of Argyle Advertiser (NSW : 1848-1859), Wednesday 10 August 1859, p 2.
17
Braidwood News and Goldfields General Advertiser (NSW: 1862), Tuesday 29 July 1862, page 2
18
Braidwood News and Goldfields General Advertiser (NSW: 1862), Tuesday 12 August 1862, page 2
19
Goulburn Herald and County of Argyle Advertiser (NSW : 1848-1859), Saturday 6 March 1852, p 4.
20
Araluen Star and Miners’ Right (NSW : 1863-1864), Saturday 26 December 1863, p 2.
21
New South Wales Police Gazette and Weekly Record of Crime (Sydney : 1860-1930), Wednesday 19 February 1868 (No.8), p 58.
22
New South Wales Police Gazette and Weekly Record of Crime (Sydney : 1860-1930), Wednesday 1 July 1868 (No.27), p 197.
23
Sydney Mail (NSW : 1860-1871), Saturday 22 August 1868, p 9.
24
New South Wales Police Gazette and Weekly Record of Crime (Sydney : 1860-1930), Wednesday 21 December 1870 (No.51), p 339.
25
Sydney Morning Herald (NSW : 1842-1954), Tuesday 9 December 1873, p 5.
26
New South Wales Police Gazette and Weekly Record of Crime (Sydney : 1860-1930), Wednesday 28 January 1874 (No.4), p 25.
27
New South Wales Police Gazette and Weekly Record of Crime (Sydney : 1860-1930), Wednesday 25 April 1877 (No.17), p 135.
28
Evening News (Sydney, NSW : 1869-1931), Tuesday 2 March 1886, p 6.
29
Braidwood Dispatch and Mining Journal (NSW : 1888-1954), Wednesday 15 March 1905, p 2.
30
Delegate Argus and Border Post (NSW : 1895-1906), Saturday 25 March 1905, p 6.