THE TROUBLES OF AN OLD-TIME EDITOR.

Stratford Evening Post, Volume XXXII, Issue 15, 30 December 1911, Page 3

THE TROUBLES OF AN OLD-TIME EDITOR.

(By G.H.F. in tho Sydney “Daily Telegraph.”)

Of late years steps have been taken by our Legislature in New South Wales to render the law of libel more explicit, and tho position of a public writer, in the performance of his duty, more tolerable than was formerly the case. In tho early day—particularly in this State—to be an editor of a public newspaper required some courage and determination, as the following statement of the late Edward Smith Hall, the one-time editor and proprietor of the “Sydney Monitor,” will place beyond doubt. It is as follows: the Case of Mr Smith Hail. Very old residents in these colonies know that in 182 G I established a newspaper called tho “Sydney Monitor.” There were then established two other newspapers—the “Sydney Gazette,” printed and published by Mr George Howe, for the local Government; and the “Australian,” printed and published by Dr. Warded, har-rister-at-law. Sir Thomas Brisbane, on the advice of the Colonial Secretary, Major Gonlhurn, abolished the censorship of the press about this lime. Governor Darling succeeds: Sir Thomas Brisbane. He cvincxl a decided hostility to the press. Ho did not renew tho censorship, hut ho imposed a stamp tax, which the infantile press of a. small colony, with live, or six hundred subscribers to each journal, was unable to hear; and the Governor (who, had he been surrounded by liberal and incorrupt men, would have been a different ruler to what they made him) knew that tho press could not hear it. Dr. Warded saw what was coming, and sold the “Australian” to a company of auctioneers, who employed Mr E. H. Hayes as their editor. The “Sydney Monitor” was soon in the hands of tho Attorney-General. The first ex-officio information filed against me was for an alleged libel on the magistrates of Parramatta, contained ui comments on their decision in a

certain case; tho only fault of which comments, as it appears to me now, was that they were too mild. I forgot how majiy of these ex-officio informations were filed against mo during tho next two years. I was told they exceeded a dozen. I was sentenced to six months’ imprisonment for the first of them. Mr E. H. Hayes, of the “Australian” newspaper, was also sentenced to six months’ imprisonment on the same day. .During my imprisonment it was not uncommon for the people, in Georgestrect to see me come out of the old gaol in custody of the gaoler, with law-books under my arm (for I was obliged to he my own counsel), and proceed to the Supremo Court to he tried on a new information. My sentences in all amounted to three years and I forgot how many months. Thy jurors who tried me .consisted of military and navgl officers, appointed by my prosecutor, the Attorney-General, at the instance of [the Governor, and who received a guinea a day each for their attendance. !l did not alter my editorial conduct wjiile in gaol. I wrote as freely as ,if I were in London inroad of in' Sydney, continuing to the despotic measures of Govmnjiont House, the tyranny of the distant, country magistrates, and their epprpssipti of the convicts. I had the satisfaction of seeing a law passed in favour of the latter, which put a stop, in a measure, to the frauds practised on them in their clothing, the remedy and.'plan .having*.beep pointed out by mo in my journal. But this concession to justice and humanity only increased the malice of the Government against me. Captain Steele, the governor of the gaol, in paying me his usual yiisit- one morning, exhibited a face full!,{Oß distress; I asked him what was,the matter. He said ho was truly sorry to inform mo he had received.'orders to * take off my present dress and replace it with a suit of. convict’.s clothing. , T was a little staggered, at .first, reflecting on the figure T should cut before .my family, and rise when I should go up to the Suorome Court t,o he tried on the next ex-officio information. However, my spirits. soon rallied, by its suddenly crossing my mind that there was something ludicrous in this ingenious mode of tormenting the personal friend of Governor’ Macquarie (to whom I had been recommended by Mr Wilberforce, and Sir James Shaw, sheriff of London), and, consequently, I resolved to take it easy. I therefore told Captain Steele I would made no resistance, and to bring in his new dress as soon as he pleased. My quietness had a singular effect. He refused to execute the order, and I heard no more of it. I have an idea that Governor Darling know nothing of this wanton outrage. But I know that a consultation took place how far the Council might twist libel into sedition, and transport the offender, after three convictions. It became a matter of public gossip. Soon after this I was informed that no grazing land for my cattle would be allowed me, and one Sunday my printing office was broken open and one of my printers, an assigned servant, was captured and sent to a roadgang. Also my pew in St. James’ Church was locked against my family, and finally decked over with boards to prevent the possibility of our entrance. 1 brought an action against Archdeacon Scott for this trespass and recovered damages. It was the first case .in this colony that was tried by a jury of 12 citizens. Had it been tried in the old way by two assessors they would not have dared to give me a, verdict lost they should ho dispossessed by the Government of their runs and assigned servants under some pretence or other. T was then sued by the SolicitorGoneral for £4OOO, the amount of penalties for evading the newspaper stamp ratios, which I had refused to pay, having always published without a stamp. The jury (tho late Sir Daniel Cooper being foreman) gave a verdict in my favour.

General Darling was a ruler of good abilities, and as a man, well meaning. In temper ho was rather a martinet than a tyrant. He regarded citizens as soldiers, because the Council was dependent on him, and tho juries were military men appointed by himself; ard it was not incumbent on him, to give any account of the public money. During one year he published no revenue account. Hence the weight with which my remonstrances and exposure of the corruptions and tyranny of Ids officers fell on his Government, and exasperated all those about him; and, accordingly, he acted a very different part to what he would have done had he, instead of persecuting the press, let it he known that the privilege which he possessed of making grants of land in fee, or selling it at five shillings an acre, at a credit of five years, would only he exercised in particular instances. As it was, every parasite that abused the Sydney press was esteemed by him as a friend, and rewarded. This great power and patronage proved a snare to the Governor. He could not endanger the lives of his enemies, but their health, per-

sonal freedom, and fortunes were in his hands. •. , One scheme by which the people about the Governor made use ol General Darling’s weakness was rather novel. His friends, par excellence, not content with grants of land to themselves and sons, induced him to give in fee, to every marriageable young lady in the colony, from one to four sections of land, 619 acres being a section; to ho selected by their agents wherever they chose. I applied to rent land for my cattle; it was refused on account of my disloyalty. All classes, save the free mechanics and small shopkeepers, were in a continual sort of dread, day and night, lest they should he misrepresented at Government House. 1 remember meeting in George-street the late Gregory Blaxland, ‘Esq., one of the first men in the colony. He motioned mo not to notice him, saying in an undertone. as die passed me, “1 dare not speak to you.” Colonel Mills, as he was called by courtesy, holding the office, I think, oi Registrar (an appointment from Homo), through his associating with certain barristers, and notably with William Charles Wentworth, the archenemy of tho jeopardy. He found it was true. He was a man of grey hairs, and, seeing before him nothing hut poverty, he shot himself. For the same sort of associations the Attorney-General was threatened with a similar punishment by the Governor. Ho pleaded tho^rights of personal intercourse and private friendship. The answer from the Government was:— “Ho that is not for us is against us.” Sheriff Macanness, also a Home appointment, for presiding at the Turf Club dinner, at which certain comparisons were made by Wentworth between Sir Thomas Brisbane and General Darling, to the latter’s disadvantage, was dismissed from his office. The sheriff was a brave man. Towards his after-support he cultivated a garden (the site of the houses in Hyde Park, called Lyons-terrace), and died in the cottage on the hill at the hack of the terrace, still standing. A grand jury voted a fulllength portrait of Mr Macanness. It should be hung up in our court-house. It is in my possession. I shall leave it behind me in good hands, till it is claimed by some institution of the first rank in our society; for Mr Macanness was one of the last of our old English sheriffs; a true lover of liberty of the old school of English patriotism, and was the victim of remorseless tyranny in his support of old wig principles. Among the timid and corrupt he stood erect. At length tho general departed. Mr Wentworth invited all Sydney to Vaudusc, and roasted oxen and sheep, ind at night George-street was illuniaated. The rejoicings on the occasion of the Governor’s departure were all hut universal.

Through tho opposition of the Government during the . rule of Governor Darling, the number of subscribers to ny journal decreased instead of enlarging with the population. They who subscribed to the “Sydney Monitor” had done so at their peril. Officers and servants of the Government, and publicans,- dared not let it to be seen, in their houses. At several inns both in town and country, gentlemen met in the evening of the publication in back pArlours, l <and|kferit out to borrow; the journal of some shopkeeper' wli6 felt himself sufficiently independent of the Government to take it in. Trades- 1 ’nen, shoemakers, and tailors, and free mechanics were the only men in Hie colony truly independent of the Government. The Government newspaper carried away all the advertisements. .....

I think it only fair that the incidents just narrated should not be forgotten, although it is a good while :igo; for not one in ten perhaps, of the present population, either of Victoria or New South. Wales, ever , heard anything of the' contest we had with tlie G overrun out of Sydney before we could obtain either a free press or trial by jury. * s,i , Sydney, July.. 25,-185-5 ' E. S. HALL.