When Patrick Hayes died on 11 January 1890, his obituary filled much space in the local paper, the Cumberland Argus and Fruitgrowers Advocate. Noted as the foremost businessman of the old town, he had been active in the life of Parramatta trade in one form or another for many years.  His remarkable career spanned innkeeper, contractor, baker, seaman, brewer, Small Debts Bailiff, valuer, explorer of the Clarence River area, miller and latterly, Inspector of Nuisances for Parramatta Council since the incorporation of Parramatta in 1861.

Born in the colony, Hayes was educated for the clergy but for some reason did not continue to become a priest.  He next turned to the sea but found that did not suit his constitution.  From then on, he became foremost in the commercial enterprises of the colony. When young, Hayes was one of the leaders of an expedition to the Clarence River and instrumental in setting up sawmills and pastoral activities in the area.  Next, he operated a mill which was later known as Breillat’s Mills.  In the 1830s he settled in Parramatta and managed Messrs. Tingham and Walker, a well-known merchant business.

The one part of Hayes’ business life that was most outstanding, has only the slightest mention in his obituary.  He ran the very successful Emu Brewery until 1845 at the top end of George Street near the park gates.  There was some suspicion on behalf of the authorities regarding activities at The Emu.  John Ryan, Inspector of Distilleries was certain something stronger than ale was being brewed but over several months could not prove it, despite several inspections.   

In December 1844, a cask of spirits was seized in Sydney with the Emu Brewery brand on it, raising suspicions that Hayes was distilling spirits rather than brewing ale.  Yet again, despite a thorough search, nothing was discovered.  Rumour had it that Governor Gipps, leaving Government House nearly adjacent to the brewery, would sniff the air and wonder that he could smell spirits.  Two men stole ale from the Emu and to their astonishment very quickly became roaring drunk, despite their protests they had only stolen a little.  Had they inadvertently stolen illegal spirits?  All these clues added up for the Inspector of Distilleries. 

In June 1845, the Parramatta Chronicle broke a huge story under banner headlines of “TREMENDOUS WICKED WILLAINY.”  At last, a snap inspection by John Ryan had caught Patrick Hayes tasting spirits that he was running off from two artfully disguised stills, one holding 300 and the other 500 gallons, with 2,000 gallons of wash and 75 gallons of completed spirits, the largest illicit distillery ever seized in the colony.  Despite overwhelming evidence, Patrick Hayes pleaded not guilty.  Unfortunately for him a new Act had recently been passed with heavy penalties for illegally distilling spirits – up to two hundred pounds fine for each vessel found and confiscation of the brewing equipment.  After a lengthy court case Hayes was fined £110 and £600 worth of brewing equipment was seized, an enormous penalty for the time.

One would think that this very public court case and subsequent fine would ruin a man from taking part in business for the rest of his working life, but it was after these events that Patrick Hayes became Inspector of Nuisances for Parramatta Council.  He must have possessed a great deal of charm, coupled with audacity, to persist in public life and continued for the rest of his life on friendly terms with all classes from humble locals to the Hon. James Byrnes and the Australian orator, William Bede Dalley.

Patrick Hayes was still working for the Council at the age of 80.  Although not in his usual robust health for the two preceding weeks, the townspeople were shocked by the death of this well-known character in 1890.  His evident failing health brought his children, friends and relatives to his bedside while Father Placid Quirk attended to his spiritual needs.  When he died in the early hours of Sunday 11 January, he was one of the last links between colonial Parramatta and the mercantile life of the growing town.  Father O’Reilly performed the funeral and burial service and the pall bearers – Alderman Taylor, MP, John Booth, W Tiernan and ex-alderman F C Cox - showed the esteem in which he was held by Parramatta people.  

Patrick Hayes was survived by two sisters, three sons, a daughter and twenty grandchildren.  A man with remarkable resilience who managed to survive plunging from wealth to disgrace in business, then worked his way back into the warm regard of his fellow man through his work for Parramatta Council as “Inspector of Nuisances and Hackney Carriages”.

It is a great irony that John Ryan, Inspector of Distilleries, and Patrick Hayes lie buried a few rows apart in St Patrick’s Cemetery.  Ryan died an alcoholic in 1857.

Copyright Judith Dunn   OAM