This chapter examines proposals, from 1838 to 1876, to amend the law of evidence and case law addressing the law of evidence. 

Nancy E Wright, 'The problem of Aboriginal evidence in early colonial NSW' in Diane Kirkby and Catharine Coleborne (Eds) Law, History, Colonialism (Manchester University Press, 2017) 

Until 1876, a person had to take a religious oath to give evidence in a NSW court. Aboriginal people were not considered able to take a religious oath and therefore could not give evidence. This had serious implications for criminal cases and upholding justice, particularly where Aboriginal people were killed,...

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Nancy E Wright, 'The problem of Aboriginal evidence in early colonial NSW' in Diane Kirkby and Catharine Coleborne (Eds) Law, History, Colonialism (Manchester University Press, 2017)

Giving evidence in court