Edward Smith Hall and the Introduction of Jury Trials to New South Wales 1 Sarah Hook Western Sydney University Benjamin T. Jones Australian National University he early history of democracy in colonial Australia has been well described as a 'strange birth'. 2 New South Wales (NSW) was close to a military autocracy on its foundation in 1788, with only a distant colonial office to curb the governor's power. Yet, by the mid- nineteenth century, it was one of the most democratic places in the world, enjoying responsible government and something approximating white, male suffrage. The period 1828 to 1856, bookended by the Australian Courts Act 1828 (UK) and the New South Wales Constitution Act 1855 (UK), was a three-decade phase of dramatic democratic transformation, although this rapid change was traumatic for some. Liberals and radicals challenged the power of the governor through the first independent newspapers. 3 The court system provided another theatre for large ideas and egos to clash. 4 Edward Smith Hall was active in both spheres. As a newspaper editor whose liberal politics and vocal criticisms of the government made him an enemy of various governors, Hall championed democratic reform to secure what he imagined to be the rights of Englishmen. He actively campaigned for jury trials as a general principle. He fought for it also on numerous occasions when he was 1 The authors gratefully acknowledge Professor Simon Bronitt who initially suggested Hall v Rossi and others as fertile soil for an article. Thanks also to Ash Kelso from Kelso lawyers for offering his expertise and advice on this article. 2 J. Hirst, The Strange Birth of Colonial Democracy: New South Wales 1848-1884, Sydney, 1988. 3 See for example, D. Cryle, Disreputable Profession: Journalists and Journalism in Colonial Australia, Rockhampton, 1997; G. D. Woods, A History of Criminal Law in New South Wales, Sydney, 2002, Ch. 5; J. Hirst, Freedom on the Fatal Shore: Australia’s First Colony, Melbourne, 2008; S. Blair, 'The Felonry and the Free?: Divisions in colonial society in the penal era', Labour History, Vol. 45, 1983, pp. 1-16. 4 See for example, A. Castles, 'The judiciary and political questions: the first Australian experience, 1824-1825', Adelaide Law Review, Vol. 5, No. 3, 1975, pp. 294-318. T