When four barflies got caught drinking at a hotel on a Sunday in 1876 in breach of the Publican’s Act, they decided to use the drought to plead their case.
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Senior Sergeant Sheridan told the Wollongong Court of Petty Sessions that on Sunday, March 26, he was on duty, in plain clothes, at the corner of Crown and Keira streets about 10.30am, when he heard a noise in the bar of the Royal Alfred Hotel.
He entered the pub by the back door and found publican George Duffy behind the counter, on which were four glasses in front of four men, namely AH Richie, J Smith, W Frost and M Smith.
"The glasses contained liquor; he tested one, the contents of which was porter," the Mercury reported.
He said that as the men were from Mt Pleasant they were not exempt from the Publicans’ Act, which prohibited the sale of alcohol to all but travellers on a Sunday.
As there was no mileage mentioned in the Publican’s Act, it was left to the discretion of the law, however Sgt Sheridan said he considered a traveller to be someone making a journey from Campbelltown to Wollongong, or from Wollongong to Kiama.
The four men pleaded not guilty to the charge, their case turning into theatre as they maintained they had been to church that morning and were so thirsty from their travels they were in need of a drink.
"They went into the hotel, as they thought they had a perfect right to do, being, as they considered, travellers," they said.
"There was no water along the road for them to drink and the water even where they resided was so bad as to be unfit for use."
Richie directed their worships’ attention to the fact that, as a result of the prevailing drought, water was now so scarce, and usually so bad, that cattle died for want of a proper supply in all directions.
"That being so, he was sure their worships would not desire that they should die of thirst in a similar manner while on their way to or from Wollongong, in which case an inquest would have to be on their bodies by the coroner."
The men defended Duffy’s actions, saying he was most resistant to breaking the law.
"On going into the hotel, Mr Duffy refused to serve them, saying he was not allowed to sell liquor on Sunday, nor would he serve them until they positively insisted upon having a drink of some sort, their thirst being so great, owing to the heat of the day."
The court was unmoved. Duffy was fined £1 and court costs; the other four five shillings each.
