Sly Grog Cases, 1859

"Victorian Gold Fields 1852. The Grog Shanty", by S T Gill, 1869.  No H86.7/33.  Courtesy of the State Library of Victoria.

While innocent gossip and watching of pots on the fire occur at the front of the shanty, the missus is out the back pouring nobblers.

Sly Grog Cases.
James Barnes was brought up   charged with permitting the sale of spiritous liquors in his house without a license.

Patrick Carroll deposed : that on Friday Inst in company with Bassett at about 10 o'clock he went into a bagatelle room on the right hand side as you go down the lead ; we played a game on a table in the house ; saw a woman and two men ; the woman said there was nothing to pay ; went to the bar and asked for brandy ; the woman laid a bottle on the counter and we helped  ourselves.  

Mr. Ogier said that the defendant was summoned to answer a charge of illegally selling liquor, and any evidence not proving that ought not to be received.

His Worship overruled the objection. Examination resumed. I paid 2 for the liquor - do not know the defendant; never saw him before.

Cross-examined by Mr. Ogier; we started in the afternoon ; we called at two places after we left the defendant's place.  

The witness refused to say whether he had laid information against these two parties.

The Bench allowed the objection. Cannot say how many glasses of water I had at different places on that day ; am not sure how many glasses of liquor I had on that day ; cannot remember whether I had five glasses of spirits; only went out once that evening.

Mr. Ogier. How many informations have you laid for sales to you on that day ?

The Bench decided that the question was an improper one.

Examination resumed. Will swear that I had not seven nobblers on Friday ; will not swear that I had six ; do not recollect swearing that I only had one nobbler on that day.

F. Bassett, deposed : do not know any thing about the defendant;   remembers Friday, the 21st ; went out with Carroll on thus evening ; played a game of bagatelle ; Carroll asked the woman what was the charge ; she said  "nothing". Carroll called for two nobblers; he paid two shillings for them ; do not know defendant ; never saw him before.

To the Police. Do not know who the woman was.

Case dismissed.

Charles Mullen was called on to answer a similar charge but did not appear.
A warrant was ordered to issue for his apprehension.

Thomas Hoyle was called on to answer a similar charge, but did not appear.  Mrs. Hoyle appeared and stated that her husband was from home when the summons was served ; he was on the diggings, and she had sent him word. A warrant was ordered for his apprehension.  

Joseph Emmell was called on to answer a similar charge, but did not appear. 
A warrant was issued for his  apprehension.

G. Griffiths was called to answer a similar charge, but did not appear. A certificate of sickness was put in from Dr. Beckett. A fresh summons was ordered to issue returnable at such time as Dr.  Beckett might think he would be able to attend
R. R. Jones was called to answer a similar charge, but did not appear. And a warrant was issued for his apprehension.  

Thomas Donovan was called on to answer a similar charge. The information in this case had been laid by Catherine Donovan. As neither party appeared the case was dismissed.     

Sly Grog Cases. (1859, February 4). Ovens and Murray Advertiser (Beechworth, Vic. : 1857 - 1918), p. 3. Retrieved October 9, 2013, from

Again there is a suggestion in this court report, following on from the last post indicating that an accident had take place opposite "Griffith's Hotel", that George Griffith had an establishment of his own, where sly grogging might be taking place.