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Sir Alfred Stephen and the Jury Question in Van Diemen's Land
Sir Alfred Stephen and the Jury Question in Van Diemen's Land The Quest for Trial by Jury Just as a child grows and develops into an adult, it cannot but be in- fluenced by background, environment and social conditioning. So it was with the young Van Diemen's Land. Initially, there was the Eng- lish political, social and economic inheritance, which had a great ef- fect on the form of government adopted. Like an authoritarian parent stood the Imperial Parliament, but at the same time, offering some latitude for Van Diemen's Land to engage in some liberal develop- ment. Like a child, Van Diemen's Land offered little resistance. There was a Governor, a judiciary of sorts, and an administrative bu- reaucracy with control over Van Diemen's Land by way of legislation of the Imperial Parliament, such as that of 182 3, 182 8 and 1842. This control led to Van Diemen's Land becoming firmly under the grip of Mother England. The colony now consisted of free settlers, convicts and emancipists, and a few Aboriginals. The colonists must have coined the Nike catch phrase 'Just Do It (for yourself)!' for they sought to enhance their own success and to empower themselves. This was consistent with the attitude of imperialist conquerors throughout the old British Em- pire: to get what they could for themselves in the way of wealth, con- trol and power. There is no better example of this than Governor George Arthur, a career civil servant who amassed a fortune as a landowner and trader, not only in Van Diemen's Land but in other colonies where he saw service. -
1 Plunkett's Disappointment
[2006] ANZLH E-Journal PLUNKETT’S DISAPPOINTMENT: THE REVELANCE OF CATHOLICISM TO A JUDICIAL APPOINTMENT TO THE NEW SOUTH WALES BENCH IN THE 1840s Tony Earls* Prior to the introduction of responsible government in 1856, New South Wales had three Chief Justices, successively; Forbes, Dowling and Stephen. The Crown appointed Forbes on the advice of the Colonial Office in London. With the appointments of Dowling and Stephen, the Colonial Office looked to the advice of the Governor of New South Wales to make an appointment from within the local legal profession. Although William Burton challenged Dowling’s claim to succeed Forbes on a question of seniority, it was the events that led up to the appointment of Stephen, involving two highly credentialed and ambitious candidates, that first tested substantial questions as to rights of precedence and other factors relevant to the appointment. It need hardly be said that the appointment was, and is, a prestigious and important one. However, in order to consider the implications of an appointment, it is useful to attempt to explain why. For the individual, it is the pinnacle of any legal career, affording status and power in their own time and posterity thereafter. In the first half of the nineteenth century this was particularly true when it came to questions of social and governmental rank.1 Amongst other things, a Chief Justice might expect a knighthood following appointment as Chief Justice. As a force in society, the primary influence of a Chief Justice relates not only to the judgement of major cases, but to the administration of the courts, the keystone of the legal system. -
LORD CARRINGTON Papers, 1860-1928 Reels M917-32
AUSTRALIAN JOINT COPYING PROJECT LORD CARRINGTON Papers, 1860-1928 Reels M917-32 Brigadier A.A. Llewellyn Palmer The Manor House Great Somerford Chippenham, Wiltshire National Library of Australia State Library of New South Wales Filmed: 1972 CONTENTS Page 3 Biographical note 4 Selected speeches, letters and recollections 6 Australian correspondence, 1885-1918 8 Australian papers, 1877-91 9 Newspaper cuttings and printed works, 1882-1915 11 General correspondence, 1885-1928 14 Portraits 14 Miscellaneous papers, 1860-1914 17 Diaries of Lady Carrington, 1881-1913 19 Diaries of Lord Carrington, 1888-93 2 BIOGRAPHICAL NOTE Charles Robert Carrington (1843-1928), 3rd Baron Carrington (succeeded 1868), 1st Earl Carrington (created 1895), 1st Marquess of Lincolnshire (created 1912), was born in London. He was educated at Eton and Trinity College, Cambridge. As a schoolboy, he was introduced to the Prince of Wales and they were to be close friends for over fifty years. Carrington was the Liberal member for High Wycombe in Buckinghamshire in 1865-68. He became a captain in the Royal House Guards in 1869 and in 1875-76 was aide-de-camp to the Prince of Wales on his tour of India. In 1881 he was appointed lieutenant-colonel of the Royal Buckinghamshire Infantry. In 1878 he married Cecilia (Lily) Harbord, the daughter of Baron Suffield. In 1885, at the urging of the Prince of Wales, Carrington was appointed governor of New South Wales. With his wife and three daughters, he arrived in Sydney in December 1885 and they remained in the colony for almost five years. The Carringtons were a popular couple and generous hosts, especially during the celebrations of Queen Victoria’s jubilee in 1887 and the New South Wales centenary celebrations in 1888. -
SIR WILLIAM DENISON Papers, 1846-64 Reels M606-607, M671
AUSTRALIAN JOINT COPYING PROJECT SIR WILLIAM DENISON Papers, 1846-64 Reels M606-607, M671 Col. W.M.W. Denison Newark Nottinghamshire National Library of Australia State Library of New South Wales Filmed: 1960 BIOGRAPHICAL NOTE William Thomas Denison (1804-1871) was born in London and attended Eton and the Royal Military College. He graduated in 1826 as a lieutenant in the Royal Engineers. He served in Canada and later worked on harbour defences in southern England. In 1838 he married Caroline Hornby and they had six sons and four daughters. He was promoted to the rank of captain in 1841. In 1846, following the dismissal of Sir John Eardley-Wilmot, he was appointed Lieutenant-Governor of Van Diemen’s Land. He was knighted in the same year and awarded a KCB in 1856. He arrived in the colony in January 1847 and held the office for eight years. A strong supporter of the continuance of convict transportation, he clashed with the nominated Legislative Council and two of the judges. The publication of some of his despatches, criticising the colonists generally, added to his unpopularity. His powers were reduced following the creation of an elected Legislative Council in 1850 and, with the cessation of transportation, his later years in Tasmania were more harmonious. In January 1855 Denison was appointed Governor of New South Wales and was given the additional title of ‘Governor-General of Australia’. Prompted by the Crimean War, he immediately reorganised the defences of Sydney Harbour. He presided over the introduction of responsible government in the colony in 1856 and had to deal with considerable political instability, with three ministries formed in the first year. -
Worshipful Masters
Worshipful Masters Piddington, Albert Bathurst (1862-1945) A digital text sponsored by New South Wales Centenary of Federation Committee University of Sydney Library Sydney 2000 http://setis.library.usyd.edu.au/fed © University of Sydney Library. The texts and images are not to be used for commercial purposes without permission Source Text: Prepared from the print edition published by Angus & Robertson Limited, Sydney 1929 All quotation marks retained as data All unambiguous end-of-line hyphens have been removed, and the trailing part of a word has been joined to the preceding line. First Published: 1929 Languages: French Hindi German Italian Latin Greek, Classical A828.91/P/2/1 Australian Etexts biographies 1910-1939 prose nonfiction federation 2001 Creagh Cole Coordinator Final Checking and Parsing Worshipful Masters by (Mr Justice Piddington) “Gentlemen, Pray Silence! The Worshipful Master Craves the Honour of Taking Wine With You.”— Toastmaster's formula at an ancient Guild's Dinner in London. 39 Castlereagh Street, Sydney Australia: Angus & Robertson Limited 1929 To the Reader The title suggests that here you are invited to meet in surroundings of hospitality certain notable exemplars, some of life, some of mirth, some of learning, but all of human friendliness and service in their day. These worshipful masters crave the honour of taking wine with you. A.B.P. Contents CHARLES BADHAM .. .. .. .. 1 “COONAMBLE” TAYLOR .. .. .. .. 15 A TRIO IN DENMAN .. .. .. .. 36 GEORGE REID .. .. .. .. .. 53 “STORMS” PIDDINGTON .. .. .. .. 67 DADDY HALLEWELL .. .. .. .. 83 BADHAM II .. .. .. .. .. 101 SOME MASTERS IN REID'S PARLIAMENT .. .. 121 J. F. CASTLE .. .. .. .. .. /CELL> 142 BAPU GANDHI .. .. .. .. .. .. 160 SIR JULIAN SALOMONS . -
2300-Forbes Flyer DEC03-5
ForbesForbes FlyerFlyer THE NEWSLETTER OF THE FRANCIS FORBES SOCIETY FOR AUSTRALIAN LEGAL HISTORY ISSUE 3 DECEMBER 2003 History reports itself Making History It is a curious aspect of contemporary culture that the Australian Investigating the South public venerate their sporting heroes and pop idols with such Australian Independent Bar* enthusiasm but spare little thought the men and women who make a significant contribution to government or public service. Of the 150 or so barristers in That is not to say that other nations do not celebrate sporting South Australia, John Emerson or cultural achievements, but in Europe, Canada and America hopes to interview around 100 there is also a certain ethos reserved for great political and legal of them to gain the broadest figures that arguably adds much to the national life. possible perspective for the book The oddity of it is that lack of interest is no explanation. he is writing on the history of the Biographies of the significant politicians or judges of the United South Australian Independent Bar. States of America and Great Britain frequently grace Australian A chance meeting with Justice bookshelves, and names like Oliver Wendell Holmes Jr and Lord John Emerson Tom Gray in 2001 led to discussion Denning have resonance all over the globe. Such is the interest about the history of the Chief in these figures that they have developed their own legend Justices of South Australia, which John was subsequently beyond the community of lawyers. As I write I can be confident commissioned to write (through the John Bray Law that historians somewhere are industriously re-visiting earlier Chapter of the Alumni Association of the University of works and revising, re-interpreting and re-writing the lives and Adelaide). -
Sir Alfred Stephen.Pdf
2447 BOOK REVIEW Sir Alfred Stephen: Third Chief Justice of New South Wales 1844-1873 By J.M. Bennett (Lives of the Australian Chief Justices series). Australian Bar Review The Hon. Michael Kirby AC CMG AUSTRALIAN BAR REVIEW BOOK REVIEWS J.M. Bennett, Sir Alfred Stephen: Third Chief Justice of New South Wales 1844-1873 (Lives of the Australian Chief Justices series) The Federation Press, 2009, ISBN 978 186287 754 2 (Hbk) In his opening acknowledgements, the author of this new biography, Dr. John Bennett AM, puts his finger on one of the problems that haunts legal history. „It is too legal for historians and too historical for lawyers‟. This feature may help to explain the decline in the teaching of legal history at Australian law schools1. If there are occasional glimmers of light, as in this book and in the recent publication of the Kercher Reports (Federation Press, Sydney, 2009), edited by Bruce Kercher and Brent Salter for the Francis Forbes Society of Australian Legal History, it is no small thanks to the efforts of Dr. Bennett and a small team of dedicated Australian lawyers, one of whom is the editor of this Journal. This is the thirteenth volume in Dr. Bennett‟s Lives of the Australian Chief Justices. The many references throughout this volume to Sir Samuel Way, Chief Justice of South Australia, at the time when Sir Alfred Stephen served as the third chief justice of New South Wales, suggests that there are interesting volumes still to come. All believers amongst us must pray for Dr. Bennett‟s long life. -
Australian Legal Dynasties: the Stephens and the Streets
Australian legal dynasties: The Stephens and the Streets KAREN FOX The word ‘dynasty’ evokes images of hereditary rulers, striding dusty castle corridors where their families have ruled for centuries. It might also suggest dominant political families, like the Kennedys, in republican settings like the United States of America. The term can, however, also be used to describe prominent families in other fields, such as business or the law, in which a succession of individuals from one family have scaled the heights of their profession. A number of such families have lived and worked in Australia, and their stories are captured in the biographies told in the Australian Dictionary of Biography and the associated People Australia websites. This article explores the stories of two families who might be thought of as Australian legal dynasties: the Stephens and the Streets. Between them, these two families produced across several generations four chief justices of New South Wales—and one person who turned the job down—as well as at least four other judges, and numerous successful barristers and solicitors. The Stephens family who came to be renowned in the legal world in Australia were a branch of a notable British clan, several of whose members were distinguished in the law in England, and one of whom—Sir Leslie Stephen—was the first editor of the Oxford Dictionary of National Biography. The first lawyer in the branch of the family that was to become eminent in Australia seems to have been James, a conveyancer, who was born in 1733.1 James and his wife Sibella had several children. -
63 Chapter 3 the O'farrell AFFAIR Fenian, Or Moonstruck Miscreant
63 Chapter 3 THE OFARRELL AFFAIR Fenian, or moonstruck miscreant - one or both - What matter? Grant him of that serpent brood, Pests of the Green Isle... Judge Francis, God Speed the Galatea, April 18681 ...as Irishmen and uncompromising Haters of British Misrule and oppression, we fling back with scorn the foul calumny that would connect us with the cowardly attempt to assassinate your English Prince. Hibernicus to the Argus (Melbourne), 14 March 18682 Simmering fears and suspicions long held by conservative loyalists towards radical Irish nationalism in Australia were suddenly brought to a head in March 1868, when an Irish-born colonist named Henry OFarrell attempted to assassinate Queen Victorias younger son, Prince Alfred, Duke of Edinburgh, at a Sydney picnic ground. For many loyalists the mere fact that OFarrell was Irish was alone sufficient indication as to his motives. It was common knowledge that considerable sympathy for Fenianism existed among poorer Irish Catholics particularly, and that protests about the Manchester executions were likely on or before St. Patricks Day. A widespread loyalist impression therefore, was that Fenianism had spread its diabolical influence in a direct, conspiratorial way to Australia. There followed a deluge of bitter racial, nationalist and religious rancour that arose mainly from loyalist over-reactions to OFarrells crime, prompted by prior conditioning towards Irish disloyalty and furious indignation that Alfred was attacked on Australian soil at the very time colonial loyalty to Britain was on display. This chapter examines OFarrells motives, and the social and political context of the attempted assassination. Henry James OFarrell had a middle-class upbringing in a moderately (1) Sydney Morning Herald, 6 April 1868. -
Felons, Mutineers and Other Learned Friends
Felons, Mutineers and Other Learned Friends: A History of the Development of the Colonial Bar in Australia, and the Contribution of its Advocates to the Evolution of the Colonies 1788-1856. CATHERINE ELIZABETH DOUGLAS BA(Hons) LLB(Hons) Macquarie University Department of Law Submitted for consideration on 31 March 2007 M A C Q U A R I t HIGHER DEGREE THESIS AUTHOR’S CONSENT DOCTORAL T his is to certify th at I, . ... Lr.! A .... being a candidate for the degree of Doctor of — 1®-'’- ^ .........................................................am aware of the policy of the University relating to the retention and use of higher degree theses as contained in the University’s Doctoral Degree Rules generally, and in particular rule 7( 10). In the light of this policy and the policy of the above Rules, 1 agree to allow a copy of my thesis to be deposited in the University Library for consultation, loan and photocopying forthwith. M j - Signature of Candidate D ate this .day o f . .20 O j MACQUARIE UNIVERSITY—SYDNEY The Academic Senate on 13 July 2007 resolved that Catherine Elizabeth Douglas had satisfied the requirements for admission to the degree of Doctor of Philosophy. This thesis represents a major part of the prescribed program of study. CONTENTS Summary 4 Statement 5 Acknowledgements 6 Abbreviations 7 Preface 8 A Starting Point: Origins and Myths 10 Part One: Colonial New South Wales 1788-1856 27 1. Running the Penitentiary: 1788-1809 28 2. The Game of Kings: 1809-1823 52 3. Raising the Bar: 1823-1856 73 Interlude: Meanwhile, Back in Britain.. -
Australian Journal of Biography and History: No. 1, 2018
Contents ARTICLES Australian historians and biography 3 Malcolm Allbrook and Melanie Nolan The Lady Principal, Miss Annie Hughston (1859–1943) 23 Mary Lush, Elisabeth Christensen, Prudence Gill and Elizabeth Roberts Nancy Atkinson, bacteriologist, winemaker and writer 59 Emma McEwin Andruana Ann Jean Jimmy: A Mapoon leader’s struggle to regain a homeland 79 Geoff Wharton Upstaged! Eunice Hanger and Shakespeare in Australia 93 Sophie Scott-Brown Frederick Dalton (1815–80): Uncovering a life in gold 113 Brendan Dalton Australian legal dynasties: The Stephens and the Streets 141 Karen Fox Jungle stories from ‘Dok’ Kostermans (1906–94), prisoner of war on the Burma–Thailand railway 151 Michèle Constance Horne Chinese in the Australian Dictionary of Biography and in Australia 171 Tiping Su BOOK REVIEWS Michelle Grattan review of Tom Frame (ed.), The Ascent to Power, 1996: The Howard Government 183 Ragbir Bathal review of Peter Robertson, Radio Astronomer: John Bolton and a New Window on the Universe 189 Darryl Bennet review of Peter Monteath, Escape Artist: The Incredible Second World War of Johnny Peck 191 Barbara Dawson review of Stephen Foster, Zoffany’s Daughter: Love and Treachery on a Small Island 197 Nichola Garvey review of Kerrie Davies, A Wife’s Heart: The Untold Story of Bertha and Henry Lawson 201 Les Hetherington review of Eric Berti (conceived and introduced) and Ivan Barki (ed.), French Lives in Australia: A Collection of Biographical Essays 205 Juliette Peers review of Deborah Beck, Rayner Hoff: The Life of a Sculptor 211 Stephen Wilks review of John Murphy, Evatt: A Life 217 Notes on contributors 223 Australian Journal of Biography and History is published by ANU Press The Australian National University Acton ACT 2601, Australia Email: [email protected] This title is available online at press.anu.edu.au ISSN 2209-9522 (print) ISSN 2209-9573 (online) This title is published under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0). -
Fifty Years in the Making of Australian History
Fifty Years in the Making of Australian History Parkes, Henry Sir (1815-1896) A digital text sponsored by New South Wales Centenary of Federation Committee University of Sydney Library Sydney 2000 http://setis.library.usyd.edu.au/fed © University of Sydney Library. The texts and images are not to be used for commercial purposes without permission Source Text: Prepared from the print edition published by Longmans, Green and Co., London 1892 First Published: 1892 Languages: French Latin Greek, Classical RB1592/36 Australian Etexts autobiographies political history 1890-1909 prose nonfiction federation 2001 Creagh Cole Coordinator Final Checking and Parsing Fifty Years in the Making of Australian History In Two Volumes by London Longmans, Green and Co. 1892 Preface THIS book is not a history nor yet an autobiography. It leaves my life still to be written, should it be deemed worth the writing. It leaves, in fact, the first thirty years after my birth almost a blank. My residence in New South Wales has extended over fifty-three years; I began, in association with others, to take an earnest interest in the affairs of the colony within two or three years after my arrival. My first acquaintances were Charles Harper, William Augustine Duncan, and Henry Halloran, the latter of whom, now a hale man of eighty-two years, is still my warm personal friend, whose high generous spirit and fine gifts of mind have contributed much to my enjoyment of life. Some years before the advent of Responsible Government I was drawn into the active politics of the country; and of all the men who laboured conspicuously in public in preparing the way for the new Era, I now stand alone.