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Tunnerminnerwait (c. 1812–1842) was an Australian Aboriginal resistance fighter and Parperloihener clansman from Tasmania. He was also known by several other names including Pevay, Jack of Cape Grim, Tunninerpareway and renamed Jack Napoleon Tarraparrura by George Robinson.[1]

Key Information

Early life

[edit]

Tunnerminnerwait was born on Robbins Island in Tasmania in 1812. He was the son of Keeghernewboyheener.[2] Tunnerminnerwait belonged to the Parperloihener clan of the Aboriginal North West nation in Tasmania.[3] His name means "waterbird".[2]

Tunnerminnerwait spoke English well and was 5'7" (171 cm) tall.[3] He was also known as Peevay (Pevay), Napoleon, Jack of Cape Grim, Jack Napoleon Tarraparrura and Tunninerpareway. His wife was Planobeena (Fanny) who was the sister of Aboriginal leader Eumarrah.[2]

Encounters with colonists

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Tunnerminnerwait grew up on the island of Tasmania, the second British settlement area in Australia after Sydney Cove. Relations between the Aboriginal people inhabiting the island and the settlers became very hostile leading to attacks and massacres. The first massacre of Tasmanian Aboriginal people occurred at Risdon Cove in 1804, when troops fired on a group which included women and children. By 1806 clashes between Aboriginal people and settlers were common, and the Cape Grim massacre occurred on 10 February 1828. According to historian Professor Lyndall Ryan, (University of Newcastle) "Tunnerminnerwait had witnessed the Cape Grim massacre in 1828 as an 11-year-old, when a lot of his own people were killed. His whole family had fallen apart as a result."[4]

Tunnerminnerwait first met civil servant George Augustus Robinson, Chief Protector of Aborigines, at Robbins Island in June 1830.[2] He worked for Robinson as one of his guides on expeditions around the island from 1830 to 1835.[3] In October 1835 Tunnerminnerwait went with Robinson to Flinders Island, a settlement where the remaining Aboriginal population were exiled. Robinson spoke of him as "an exceeding willing and industrious young man", who was "stout and well made, of good temper, and performed his work equal to any white man".[1][2] A portrait of Tunnerminnerwait was painted by the convict artist Thomas Bock between 1831 and 1835. It was published in James Fenton's history of Tasmania.[5]

Relocating to the mainland

[edit]

Tunnerminnerwait and Planobeena were among sixteen Tasmanian Aboriginal people whom George Robinson brought to Melbourne in 1839 with the intention that they would help to "civilise" the Victorian "blacks" when he became Chief Protector of Aborigines at Port Phillip.[2][6]

Tunnerminnerwait went with George Robinson on a major tour of the Western District from March to August 1841. During the tour they gathered testimonies about frontier violence in the Western District and investigated the Convincing Ground massacre in which between 60 and 200 members of a Gunditjmara clan were killed by whale-hunters at Portland Bay.[7][8] After his return, Tunnerminnerwait and four others left Melbourne.[4]

Resistance

[edit]

In September 1841, Tunnerminnerwait, Maulboyheenner, Plorenernoopner (Fanny), Maytepueminer (Maria) and Truganini, waged an eight-week campaign of resistance against the British settlement in the Port Philip area. They stole two guns and some ammunition from a settler's hut at Bass River.[6] They robbed stations from Dandenong to Western Port and South Gippsland districts on the outskirts of Melbourne over the next seven weeks.[6] They wounded four white men and killed two.

It took three military expeditions to successfully track and capture them, with the help of native police.[9][10] All five were captured in November 1841[6] at Powlett River.

Trial and judgement

[edit]

They appeared before Judge Willis on 20 December 1841 in Melbourne, charged with murder. The five were defended by Redmond Barry who was the standing Defence Council for Aborigines.[6] Barry questioned the legal basis of British authority over Aborigines who were not citizens and claimed that the evidence was dubious and circumstantial.[6] None of the five people charged was permitted to give evidence in court.[11]

"The press reported the exchanges in the court in this fashion: 'After a good deal of conversation an affidavit being made as to the absence of a material witness, Mr. Croke stated his intention of abandoning the principle charge for murder in consequence of not being able to obtain the witness who was so material. His Honour did not wish that justice should be so administered as to afford murderers to escape the justice of the law: he did not wish such a thing to occur in his district.'"[12]

"If Willis was cited accurately by the press in describing the accused as murderers' before any evidence was led to convict them (and more than one newspaper carried this commentary), then, he seriously misconceived the rights of the prisoners to a fair trial in which their guilt had to be established by the prosecution beyond a reasonable doubt. In those circumstances a robust defence counsel would have submitted that Willis disqualify himself for prejudging the case."[12]

The Supreme Court found the two men, Tunnerminnerwait ("Jack Napoleon Tarraparrura") and Maulboyheenner guilty of the murder of the two whalers, Cook and Yankey at Western Port on 6 October 1841.[13] Tunnerminnerwait was reported as saying that "after his death he would join his father in Van Diemen's Land and hunt kangaroo".[2]

Death

[edit]

Together with Maulboyheenner, Tunnerminnerwait was executed for murder on 20 January 1842. They were the first public executions to take place in the District of Port Phillip, the colony to become known as Melbourne.[14]

Tunnerminnerwait and Maulboyheenner were the first people to be hanged by the Government in the District of Port Phillip, in 1842. A total of six people were hanged that year. The six hangings of 1842 remain the only judicially approved public executions in Melbourne's history, giving them particular historical significance.

— Claire Land, Tunnerminnerwait and Maulboyheenner: The involvement of Aboriginal people from Tasmania in key events of early Melbourne

Tunnerminnerwait and Maulboyheenner were buried in an unmarked graves at the Old Melbourne Cemetery which now lies under the Queen Victoria Market.[15]

Memorials

[edit]
Memorial to Tunnerminnerwait and Maulboyheenner in Melbourne
  • In 2008 the Tunnerminnerwait and Maulboyheenner Commemoration Committee was established to hold a yearly commemoration at the site of their execution.[6][11][16]
  • A public artwork commissioned by the City of Melbourne called Standing by Tunnerminnerwait and Maulboyheenner stands at or near the place of execution in Victoria St, outside the walls of the Old Melbourne Gaol. The website contains historical research and information on the artists commissioned for the marker, artist Brook Andrew, along with Trent Walter.[17]

See also

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References

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Further reading

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Revisions and contributorsEdit on WikipediaRead on Wikipedia

Tunnerminnerwait

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from Grokipedia

Tunnerminnerwait (c. 1812 – 20 January 1842), also known by names including Peevay, Tunninerpareway, Jack of Cape Grim, and , was a of the from the Aboriginal North West nation in whose traditional lands encompassed Robbins Island.
As a participant in the armed resistance known as the against British colonial expansion and associated violence toward Indigenous populations, he engaged in guerrilla actions targeting settlers who had invaded and disrupted Aboriginal territories.
Relocated to the District (now Victoria) in 1839 by , the Chief , ostensibly to assist in "" efforts with local clans, Tunnerminnerwait instead continued resistance activities, leading raids on pastoral stations and killing two whalers in 1841 amid pursuits by armed colonists.
Convicted of under colonial , he and fellow Tasmanian clansman Maulboyheenner were publicly hanged in on 20 January 1842, marking the first judicial executions in the district.
Their actions and fate highlight the asymmetric conflict between Indigenous defenders and expanding settler frontiers, with Tunnerminnerwait remembered in some accounts as a freedom fighter embodying defiance against dispossession.

Origins and Pre-Colonial Context

Tribal Affiliation and Early Life

Tunnerminnerwait belonged to the Parperloihener clan of Tasmania's North West Aboriginal nation, whose territory encompassed the northwest coastal regions including Robbins Island and Cape Grim. He was born around 1812 on Robbins Island, a low-lying island off Tasmania's northwest coast traditionally used by his people for hunting and gathering. Tunnerminnerwait was the son of Keeghernewboyheener, a figure within the same clan. Known among his people as Peevay and later dubbed "Jack of Cape Grim" by colonists due to his origins near that , he grew up immersed in the clan's semi-nomadic lifestyle, which relied on coastal resources such as seals, birds, and before widespread European incursion disrupted traditional patterns. As a , Tunnerminnerwait witnessed the initial phases of colonial violence in his homeland, including events that decimated local populations starting in the , shaping his early experiences amid escalating frontier tensions.

Pre-Contact Society and

The Parperloihener clan, affiliated with the North West nation of Tasmanian Aboriginal peoples, occupied territories centered on Robbins Island and adjacent coastal regions near Cape Grim in northwest prior to European contact around 1803. These clans numbered approximately 40-50 individuals, forming semi-nomadic bands that moved seasonally to exploit marine and terrestrial resources, including , seals, , and , without or permanent settlements. Social organization emphasized ties, with guided by elders and consensus rather than centralized , and moieties structuring and ceremonial exchanges across allied groups. Land tenure among Tasmanian Aboriginal clans operated through custodial rights tied to ancestral lore and practical usage, delineating territories by natural features like rivers and capes rather than fixed boundaries or deeds. The Parperloihener maintained primary access to Robbins Island's wetlands and shores for hunting waterbirds—reflected in Tunnerminnerwait's name, meaning "waterbird"—while fire management techniques cleared vegetation to promote game and regenerate food , ensuring intergenerational without concepts of individual ownership or commodification. Overlaps existed with neighboring clans like the Tommeginer, permitting regulated resource sharing via networks, though territories were defended against incursions, as evidenced by oral histories of pre-contact skirmishes. This system contrasted with European fee-simple tenure, prioritizing communal over alienation, with spiritual obligations binding groups to specific sites for ceremonies and totemic responsibilities.

Tasmanian Frontier Conflicts

Cape Grim Massacre and Initial Resistance

The Cape Grim Massacre took place on 10 February 1828 near Cape Grim in northwestern , where four shepherds employed by the —Charles Chamberlain, John Weavis, William Gunshannon, and Richard Nicholson—ambushed and killed approximately 30 members of the Pennemukeer band, primarily men hunting on high ground and families on the beach below. The attack involved shooting victims and throwing bodies onto rocks, occurring as a reprisal for an Aboriginal raid in December 1827 that killed 118 sheep belonging to the company. While company superintendent Edward Curr later claimed only 3–6 deaths to downplay the event and avoid official scrutiny, confessions from two perpetrators and an Aboriginal witness corroborated the higher figure of around 30 killed, with no formal investigation launched by authorities. Tunnerminnerwait (c. 1812–1842), a Parperloihener clansman born on Robbins Island adjacent to Cape Grim, belonged to the regional Aboriginal groups devastated by such frontier violence; wiped out much of his , leaving only his sister among close survivors. As a teenager during the event, he directly witnessed the killings, which fueled his emergence as a key figure in early Aboriginal resistance against expansion into traditional hunting grounds. In the immediate aftermath, Tunnerminnerwait, also known as "Jack of Cape Grim" or Pevay, led retaliatory actions as part of broader northwest Tasmanian Aboriginal during the (c. 1825–1832), targeting shepherds and stockmen who encroached on Pennemukeer and Parperloihener lands depleted of food resources like seals and . Over the following years, he participated in spearing at least three white men in ambushes, employing tactics of hit-and-run raids to disrupt settlement and avenge massacres, though exact dates and victim identities remain sparsely documented in colonial that often underreported Aboriginal agency. These efforts exemplified causal patterns of escalation, where unpunished settler killings prompted organized Aboriginal countermeasures to reclaim territory and deter further incursions, amid a regional death toll exceeding 200 Aboriginal people by from combined violence and displacement.

Escalation of Violence and Survival Strategies

As colonial expansion intensified in the late 1820s, following massacres such as the Cape Grim event on June 10, 1828, where approximately 30 Parparloihener clansmen were killed by British sealing gangs, Aboriginal resistance in north-western escalated into sustained guerrilla campaigns. Tunnerminnerwait, then about 16 years old and a survivor from the Cape Grim region, joined organized bands that retaliated by targeting isolated settler huts, shepherds, and stock, often at night to exploit surprise and minimize exposure. These actions formed part of the broader , where reported Aboriginal attacks rose sharply, from sporadic incidents in the early 1820s to hundreds annually by 1829–1830, prompting Lieutenant-Governor George Arthur to declare on November 1, 1828, and authorize the shooting of Aborigines on sight. Aboriginal groups, including Tunnerminnerwait's affiliates, employed asymmetric tactics suited to their outnumbered position, such as small raiding parties of 10–20 warriors using spears, waddies, and occasionally stolen muskets to vulnerable frontiersmen while avoiding pitched battles against organized patrols. This approach inflicted targeted casualties—over 200 deaths recorded between and 1831—while disrupting expansion by burning crops, huts, and enclosures, thereby contesting appropriation through economic . Survival hinged on intimate knowledge of rugged terrain, seasonal mobility across coastal and inland routes to evade capture, and communal networks that sustained bands amid disrupted sources from encroachment. The escalation peaked with the colonial "Black Line" operation from October 7–28, 1830, mobilizing 2,200 troops and settlers in a 170-mile human cordon to drive Aborigines southward, though it captured only a handful, underscoring the efficacy of Aboriginal evasion strategies. Tunnerminnerwait's band evaded such sweeps by dispersing into remote western districts, continuing sporadic raids into 1831–1832, which pressured settlers to fortify holdings and abandon outlying stations. These tactics reflected causal adaptation to superior colonial firepower and numbers, prioritizing attrition over direct confrontation to preserve dwindling populations, estimated to have fallen from around 5,000 in 1803 to under 200 by 1833 through violence, disease, and displacement. Ultimately, exhaustion and internal divisions led some resisters, including Tunnerminnerwait, to negotiate with conciliator by the early 1830s, marking a shift from armed survival to coerced relocation.

Association with Colonial Authorities

Capture and Role with George Augustus Robinson

Tunnerminnerwait first met , the appointed Chief in , in June 1830 at Robbins Island in northwestern . This encounter occurred during Robinson's "Friendly Mission," a colonial initiative aimed at negotiating truces with Aboriginal groups engaged in guerrilla resistance against settlers during the (1824–1831). Rather than a forcible capture, Tunnerminnerwait, a Parperloihener clansman previously involved in defensive actions such as the Cape Grim events, chose to align with Robinson, likely influenced by the dire circumstances of ongoing violence and from and conflict. From 1830 to 1835, Tunnerminnerwait served as a guide and interpreter for Robinson's expeditions across , assisting in locating isolated Aboriginal bands and persuading them to surrender arms and relocate. Robinson's journals record Tunnerminnerwait—whom he renamed ""—as an "exceedingly willing and industrious young man," highlighting his role in gathering members of clans like the Pairebeinner to facilitate the mission's objectives. This collaboration enabled Robinson to claim bounties for pacified individuals and advanced the policy of concentrating survivors, though it relied on Aboriginal intermediaries amid skepticism from settlers who viewed such alliances as temporary. In October 1835, Tunnerminnerwait accompanied Robinson and a group of approximately 200 Aboriginal people to , where they were established at the Wybalenna settlement under government oversight. There, he transitioned into a more settled role within system, participating in efforts to document customs and mediate interactions, despite reports of internal discontent and cultural erosion at the outpost. Robinson's accounts, as primary sources, emphasize Tunnerminnerwait's loyalty, but these must be contextualized against the Protector's mandate to enforce relocation, which prioritized colonial security over long-term Aboriginal autonomy.

Relocation to Port Phillip District

In late 1838, , having previously coordinated the removal of Tasmanian Aboriginal people to , was appointed Chief Protector of Aborigines for the District on 12 December. To support his mandate of conciliating with and protecting local Aboriginal populations amid rapid settlement, Robinson organized the transfer of select individuals from the Wybalenna settlement on , whom he viewed as partially acculturated and useful as intermediaries. Among the 16 Tasmanian Aboriginal people who accompanied him were Tunnerminnerwait, his wife Planobeena, and Maulboyheenner; the group departed and arrived in Bay in January 1839. The relocation aimed to deploy these Tasmanians in outreach efforts to mainland clans, leveraging their experience with Robinson to demonstrate European agricultural practices, , and peaceful negotiation tactics, thereby mitigating frontier hostilities. Upon docking in , the arrivals were initially quartered at Robinson's , where he recorded acute distress among indigenous groups due to introduced diseases, displacement, and . Tunnerminnerwait, who had collaborated with Robinson since their 1830 encounter during Tasmania's , was positioned to assist assistant protectors like William Thomas in field operations across the district. This transfer reflected broader colonial strategies of using relocated indigenous auxiliaries for , though it disregarded the exiles' own histories of resistance and the cultural disconnects with Victorian tribes, setting the stage for subsequent frictions. The group's integration into system involved language instruction and supervised interactions, but underlying resentments from their Tasmanian dispossession persisted.

Actions in Victoria

Integration Attempts and Tensions

Tunnerminnerwait arrived in the Port Phillip District in March 1839, transported from by , the Chief Protector of Aborigines, as part of a group of approximately 15 Tasmanian Aboriginal people intended to serve as auxiliaries in conciliating local Indigenous populations. The group, including Tunnerminnerwait's wife Planobeena, Maulboyheenner, , and Pyterruner, resided at Robinson's establishment, Ternenet, on an 8-acre plot along the , where efforts focused on rudimentary assimilation through association with colonial routines and supervision. Integration initiatives under the Aboriginal Protectorate system emphasized transforming the Tasmanians into intermediaries, with Robinson portraying them as civilized and amenable to colonial society to justify their utility in pacifying mainland tribes. Tunnerminnerwait participated in these endeavors, accompanying Robinson on an investigative tour of the Western District from March to August 1841, during which he witnessed and documented settler violence against local Aborigines, including inquiries into the Convincing Ground massacre of 1833–1834 that killed between 60 and 200 people. Despite these roles, tensions mounted due to the group's status as cultural outsiders among Port Phillip's Indigenous nations, compounded by their firsthand knowledge of Tasmanian dispossession and frontier atrocities. Frequent abscondments from Robinson's oversight signaled resistance to imposed settlement, while personal grievances—such as the 1840 disappearance and presumed of Pyterruner's husband Probelattener, linked to whaler William Watson—fostered resentment toward sealers and settlers. Broader alienation from traditional lands, combined with observed and killings by whalers, eroded any prospect of accommodation, culminating in the group's departure from in – 1841 to raid stations in the Dandenong– region for arms and supplies.

The 1841 Whaler Killings

In October 1841, Tunnerminnerwait and Maulboyheenner, accompanied by three Tasmanian Aboriginal women including , Planobeener, and Pyterrunnoomer, ambushed and fatally shot two whalers identified as Cook and near Cape Paterson in the region of the District. The victims were described in contemporary accounts as unarmed during the attack, which occurred as part of the group's activities after they had separated from and begun ranging through and surrounding areas. The killings formed one element of a broader pattern of violent encounters initiated by the Tasmanian group against settlers and resource extractors in during late 1841. Reports linked them to wounding at least five settlers, burning pastoral stations, and stealing firearms, actions interpreted by some historians as guerrilla resistance to colonial dispossession, though primary evidence emphasizes direct assaults on individuals. Attributed motivations included potential retaliation for whalers' mistreatment of local Aboriginal women or echoes of prior massacres like the Convincing Ground incident, where people had been killed by sealers and whalers in 1833–1834; however, no direct confirms these as immediate triggers for the October ambush. The incident escalated tensions, prompting colonial authorities to pursue the group, leading to their capture by early 1841. All five were charged with murder, though only the two men were ultimately convicted and executed, reflecting judicial distinctions between principal actors and accomplices.

Arrest, Charges, and Trial Details

Tunnerminnerwait, Maulboyheenner, and three accompanying women—Planter, Painta-giber, and Pyterruner—were apprehended on the morning of November 20, 1841, near the Powlett River in the District after a prolonged pursuit involving multiple detachments and native police auxiliaries. The group had evaded capture for over a month following the killings, prompting a large posse of 29 soldiers, police, and local to surround their camp at daybreak, leading to their surrender without significant resistance. Upon , Tunnerminnerwait reportedly informed authorities that the whalers had been targeted under the mistaken belief they were who had previously fired upon the group. The prisoners were placed in chains and escorted under guard to , arriving around November 26 after a six-day journey. The five were formally charged with the willful murder of two whalers, William Cook and a man known as Yankey (or ), killed by spearing and shooting on October 6, 1841, at near Harmers Haven. The charges stemmed from eyewitness accounts and the group's possession of weapons linked to the incident, with the prosecution alleging premeditated violence against European sealers and whalers encroaching on Aboriginal lands. All five faced capital charges in the Supreme Court of for the District of , reflecting the colonial administration's assertion of jurisdiction over frontier disputes despite ongoing debates about legal authority over Indigenous persons, as seen in contemporaneous cases like R v Bonjon. The trial commenced on December 20, 1841, before Judge John Walpole Willis in Melbourne's temporary facilities, marking one of the earliest capital proceedings in the district after its separation from for judicial purposes. Redmond Barry served as defense counsel for the accused, immediately challenging the court's on grounds akin to those raised in prior Indigenous trials, arguing limitations on applying British common law to non-subjects. Proceedings extended over several days into December 22, with the three women ultimately separated for separate hearings or discharged early due to insufficient of direct involvement, leaving Tunnerminnerwait and Maulboyheenner as principal defendants. The trial drew significant local attention amid rising tensions, with Willis affirming jurisdiction based on the accused's actions within settled districts.

Evidence, Defense Arguments, and Verdict

The prosecution presented linking Tunnerminnerwait and Maulboyheenner to the murders of whalers William Cook and James Munro (known as "Yankee") on 8 July 1841 near Cape Paterson in . Testimony from settlers William Watson and Samuel Evans described raids by the group on huts, theft of firearms including a gun from Mr. Horsefall, and threats against whalers, with spears and weapons consistent with Tasmanian Aboriginal methods recovered at the scene. Statements attributed to Maulboyheenner, relayed by Border Police William Johnson, indicated intent to target Watson but possibly resulting in mistaken killings of the whalers, while reportedly confessed involvement under interrogation. No direct eyewitnesses to the spear killings testified, and the case relied on the group's known presence in the area during a period of frontier raids. Redmond Barry, appointed as standing counsel for Aborigines, argued the evidence was insufficient and largely circumstantial, emphasizing lack of direct proof tying the accused to the specific acts. He challenged the admissibility of confessions, claiming they were unreliable due to the accused's cultural ignorance of oaths and the concept of a Supreme Being, rendering them coerced or misunderstood. Barry unsuccessfully sought a partially composed of military officers familiar with frontier conditions or a venue change to for a broader pool, and raised jurisdictional questions by noting the absence of a ceding Aboriginal to British authority. For the female co-accused, he contended they acted under male , which contributed to their . The accused were barred from testifying in their own defense under colonial law, as they did not affirm belief in a Christian , precluding sworn evidence from "heathens." On 22 December 1841, after deliberating for approximately 30 minutes, the all-white settler jury convicted Tunnerminnerwait and Maulboyheenner of willful murder, sentencing them to under John Walpole Willis. The three women—Truganini, Planobeena, and Pyterruner—were acquitted of accessory charges and released. The verdict proceeded despite Barry's objections, with execution carried out on 20 January 1842 outside the Melbourne Gaol, marking the first public hangings in the District.

Execution and Immediate Aftermath

The Hanging and Public Reaction

Tunnerminnerwait and Maulboyheenner were publicly hanged on January 20, 1842, at a erected near La Trobe Street in , marking the first executions in the District since its settlement in 1835. The men, transported in a van with their hands pinioned, ascended ladders to a hinged platform where nooses with knots positioned under their ears were placed around their necks; upon the drop, the platform jerked, but the execution proved botched, with the initially failing to operate fully—requiring intervention—and the men taking approximately 30 minutes to an hour to die by asphyxiation amid visible struggles. A hangman had been difficult to procure, with authorities ultimately paying a £10 and granting a ticket for the task. The event drew a crowd estimated at over 3,000 to 6,000 spectators—nearly the entire population of —gathering from early morning in the summer heat, initially displaying levity as they scrambled for better views, some even standing on coffins. However, the prolonged and bungled deaths elicited horror and shame among onlookers, prompting cries of disapproval and descriptions in contemporary accounts as an "affecting, appalling, disgusting, execrable scene" by Wesleyan James Dredge, with newspapers decrying it as a "gross to public decency." This reaction underscored the novelty and procedural inexperience of in the young settlement, where public executions were intended as deterrents but highlighted logistical failures.

Burial and Short-Term Consequences

Following their execution on 20 January 1842, Tunnerminnerwait and Maulboyheenner were interred in unmarked graves within a newly designated unconsecrated section of the Old Melbourne Cemetery, reserved for suicides, criminals, and, in this instance, Aboriginal individuals. This segregated Aboriginal burial ground adjoined the general cemetery and lay adjacent to the Quaker section; the precise location is believed to be near the northeastern corner, outside the main fence. No relatives were permitted to claim the bodies or attend the burial, which occurred without ceremony; observers included and Peter Brune, stepson of . The Old Melbourne Cemetery, operational from 1837 to 1917, accommodated approximately 9,000 burials, but only about 950 remains were later exhumed for reburial elsewhere during the site's conversion to the in the ; Tunnerminnerwait and Maulboyheenner's remains are presumed to remain beneath the market. The burial's placement in unconsecrated ground underscored the colonial administration's treatment of executed Aboriginal individuals as beyond standard Christian rites, reflecting broader practices for marginalized groups. This decision drew limited contemporary controversy, primarily over segregation rather than denial, though it aligned with policies denying body to kin, unlike select later cases involving Europeans. In the immediate aftermath, the executions—intended by Judge John Walpole Willis as a deterrent against Aboriginal resistance—prompted the formation of the Native Police Corps later in , which recruited 20 Aboriginal men from and beyond to enforce colonial order on frontiers. Surviving members of the Tasmanian group, including , were repatriated to shortly thereafter, curtailing Robinson's integration experiment and highlighting tensions in cross-cultural mediation efforts. Frontier violence persisted, with five Port Phillip Aboriginal individuals hanged by 1848 amid asymmetrical prosecutions—nine Europeans tried for Aboriginal killings, but only one convicted—indicating the event's limited pacifying effect on local relations.

Historical Assessments and Controversies

Portrayals as Resistance Warrior vs. Criminal Actor

![Standing by Tunnerminnerwait and Maulboyheenner monument][center] Contemporary accounts and legal records from 1841-1842 portrayed Tunnerminnerwait as a criminal actor responsible for the murders of two whalers, Thomas Thompson and William Briggs, on 8 September 1841 near Cape Paterson, Victoria. The killings occurred amid broader frontier tensions, but the trial focused on the specific acts as premeditated murder, leading to his conviction and execution alongside Maulboyheenner on 20 January 1842—the first public hangings in Melbourne. Historical sources from the period, including court documents and newspaper reports, emphasized the criminal nature of the violence against non-combatant sealers, framing it within the establishment of British law in the Port Phillip District rather than as legitimate warfare. In modern historiography, particularly from indigenous advocacy and some academic perspectives, Tunnerminnerwait has been recast as a resistance defending Aboriginal lands and kin against colonial expansion. This portrayal highlights his travels from to Victoria with , subsequent involvement in conflicts over resource exploitation by whalers, and the killings as acts of retaliation in a context of systemic dispossession and violence toward Aboriginal groups. Such interpretations often situate the events within "frontier wars," arguing the whalers' activities contributed to ecological and cultural disruption, though confirms the targets were unarmed civilians engaged in sealing, not military forces. The divergence reflects broader debates in Australian historiography, where left-leaning academic institutions have increasingly privileged narratives of Aboriginal agency and resistance over individual criminal accountability, potentially underemphasizing the targeted nature of the murders amid mutual hostilities. Primary sources, including testimonies, indicate the defense claimed for a prior offender, but no evidence of organized warfare was presented or accepted by the court. Commemorative efforts, such as the 2006 "Standing by Tunnerminnerwait and Maulboyheenner" monument in , blend these views by acknowledging both the "" history and indigenous perspectives on regeneration and resistance. This dual framing underscores causal realities: while colonial settlement provoked widespread conflict, the specific killings lacked the structured combat of warfare, aligning more closely with retaliatory under first-principles legal standards of the era.

Debates on Trial Fairness and Frontier Justice

The trial of Tunnerminnerwait and Maulboyheenner, held in from 20 to 22 December 1841 before Resident Judge John Walpole Willis, has been critiqued by historians for relying on linking the defendants to the 6 October 1841 killings of whalers Thomas Thompson and William Baker near Cape Paterson. No eyewitnesses directly identified the pair in the act, with prosecution resting on tracker accounts and Robinson's , amid reports of prior by the whalers against local Aboriginal groups, including the killing of nine Indigenous people in 1840. A primary contention involves linguistic and cultural barriers, as Tunnerminnerwait and Maulboyheenner spoke Tasmanian Aboriginal languages with minimal English, complicating comprehension of legal proceedings, oaths, and claims rooted in retaliation for settler encroachments. , who facilitated their involvement in the events and assisted at , lacked full fluency in their dialects and held biases favoring colonial authorities, undermining impartial interpretation. Legal academics Kate Auty and Lynette Russell argue this rendered the process fundamentally flawed, with the all-European —unfamiliar with Indigenous customs of warfare—unable to fairly evaluate motives tied to ongoing conflicts. These elements exemplify "," a colonial practice prioritizing swift deterrence over in remote settlements, where Judge Willis explicitly aimed to signal consequences for armed resistance to European expansion. The rapid timeline—from arrest in late November 1841 to execution on 20 January 1842—reflected pressures to quell violence amid Port Phillip's volatile Indigenous-settler tensions, though the of accompanying women , Planobeena, and Pyterruner on similar charges highlighted evidentiary inconsistencies. Contemporary colonial press framed the verdict as essential for public order, yet modern assessments, including Auty and Russell's analysis, portray it as emblematic of against Indigenous defendants, lacking equitable safeguards like culturally attuned juries or robust defense resources.

Legacy

Influence on Aboriginal Policy

The of Tunnerminnerwait and Maulboyheenner on , 1842, functioned primarily as a deterrent against Aboriginal resistance in the District, with Judge John Walpole Willis intending it to inspire "terror" among Indigenous communities to prevent retaliatory violence toward settlers. This approach aligned with colonial efforts to assert British sovereignty through formal application, treating killings as individual crimes rather than acts of warfare, thereby denying the status of organized Indigenous opposition. The event prompted the immediate formation of the Native Police Corps in 1842, which recruited around 20 Aboriginal men from various groups to enforce order and suppress resistance, marking a policy shift toward utilizing Indigenous auxiliaries in colonial policing—a corps that operated until amid ongoing conflicts. Colonial commentary, including in the Port Phillip Patriot, emphasized the execution's superior deterrent value over the protectionist system, suggesting it reinforced a preference for punitive spectacles and institutionalized force over conciliatory measures in managing Aboriginal-settler interactions. By highlighting the extension of to Aboriginal offenders without prior or cession agreements, the hangings fueled judicial debates on legal , contributing to a broader framework where British law supplanted customary reprisals, even as it exposed the policies under —intended to "civilize" and segregate Indigenous populations—as inadequate for curbing violence. This underscored a causal reliance on deterrence through exemplary punishment, influencing subsequent emphases on reserves, missions, and coercive assimilation to contain rather than accommodate resistance.

Modern Memorials and Commemorations

In 2016, the commissioned artists Brook Andrew and Trent Walter to create Standing by Tunnerminnerwait and Maulboyheenner, a public artwork installed at the intersection of Victoria and Franklin Streets, marking the site near their 1842 execution. The installation, unveiled publicly in September 2016, functions as the first dedicated monument to the two Tasmanian Aboriginal men and symbolizes broader Indigenous-settler conflicts. The Tunnerminnerwait and Maulboyheenner Commemoration Committee organizes annual events on January 20, the date of the execution, at the monument site to honor their memory. These gatherings, attended by community members, have included ceremonies such as the one on January 20, 2023, commemorating the 181st anniversary. A similar event was scheduled for January 20, 2025, starting at midday. Separate commemorations occur at other locations linked to the events, including a January 2025 gathering at Robbins Crossing near the original hanging site, where participants recognized Tunnerminnerwait as a resistance figure against colonial expansion. These modern observances frame the men's actions in the context of Indigenous resistance, contrasting with historical records of their conviction for specific killings of settlers and whalers.

References

  1. https://www.utas.edu.au/telling-places-in-country/historical-context/historical-biographies/peevay
  2. http://nationalunitygovernment.org/content/freedom-fighters-tunnerminnerwait-maulboyheenner-and-truganini
  3. https://www.austlit.edu.au/austlit/page/A124765
  4. https://www.melbourne.vic.gov.au/tunnerminnerwait-and-maulboyheenner
  5. http://palawa-places.org.au/tarkariliya-tunnerminnerwait-and-maulboyhenner
  6. http://nationalunitygovernment.org/content/public-monument-proposal-aboriginal-freedom-fighters
  7. https://voiceoftheancestors.substack.com/p/tunnerminnerwait-the-great-australian
  8. https://s3-ap-southeast-2.amazonaws.com/figshare-production-eu-utas-storage2718-ap-southeast-2/40913597/02Whole.pdf
  9. https://c21ch.newcastle.edu.au/colonialmassacres/detail.php?r=494
  10. https://www.utas.edu.au/library/companion_to_tasmanian_history/C/Cape%20Grim%20Massacre.htm
  11. https://www.abc.net.au/listen/programs/hindsight/a-forgotten-war/5926302
  12. https://australianfrontierconflicts.com.au/resources/aboriginal-and-torres-strait-islander-warriors/
  13. https://www.onthejob.education/life_job/freedom_fighters.htm
  14. https://www.utas.edu.au/library/companion_to_tasmanian_history/F/Frontier%20Conflict.htm
  15. https://www.abc.net.au/news/2019-02-13/bid-to-mark-tasmanian-aboriginal-massacres-like-cape-grim/10803516
  16. https://www.nma.gov.au/defining-moments/resources/the-black-line
  17. https://nationalunitygovernment.org/content/different-mode-war-aboriginal-guerilla-tactics-defining-black-war-south-eastern-queensland
  18. http://nationalunitygovernment.org/pdf/2016/Indigenous-Resistance-Wars-KerkhoveFINALa-2.pdf
  19. https://www.thecollector.com/aboriginal-leaders-frontier-wars-key-figures/
  20. https://jpp.vu.edu.au/index.php/jpp/article/view/1129/1574
  21. https://www.britishmuseum.org/collection/term/BIOG171780
  22. http://nationalunitygovernment.org/pdf/2013/tunnerminnerwait-Maulboyheenner-presentation.pdf
  23. https://mvga-prod-files.s3.ap-southeast-4.amazonaws.com/public/2024-05/tunnerminnerwait-and-maulboyheenner.pdf
  24. https://michaelbgreen.com.au/once-were-warriors/
  25. https://residentjudge.com/2009/01/20/the-aboriginal-executions-on-20-january-1842/
  26. https://libcom.org/article/time-memorial-commemorate-indigenous-resistance-early-melbourne-history
  27. https://trove.nla.gov.au/newspaper/article/92674303
  28. https://www.basscoastpost.com/local-history/the-harmers-haven-murders
  29. https://nationalunitygovernment.org/content/freedom-fighters-lest-we-forget
  30. https://trove.nla.gov.au/newspaper/article/225009956
  31. https://www.theage.com.au/national/victoria/city-of-melbourne-plans-memorial-to-indigenous-men-executed-in-1842-20140424-zqz08.html
  32. https://www.oldmelbournegaol.com.au/history/
  33. https://www.academia.edu/15541838/tunnerminnerwait_and_maulboyheenner_The_involvement_of_Aboriginal_people_from_Tasmania_in_key_events_of_early_Melbourne_to_be_read_alongside_Forms_for_Monuments_to_complex_histories_
  34. https://www.dark-tourism.com/index.php/267-old-melbourne-gaol
  35. https://www.tandfonline.com/doi/full/10.1080/13688790.2023.2234119
  36. https://www.monumentaustralia.org/themes/conflict/frontier/display/110474-standing-by-tunnerminnerwait-and-maulboyheenner
  37. https://overland.org.au/previous-issues/issue-229/fair-australia-prize-julian-bull/
  38. https://search.informit.org/doi/pdf/10.3316/informit.906548394385140
  39. https://residentjudge.com/2017/02/10/hunt-them-hang-them-by-kate-auty-and-lynette-russell/
  40. https://www.abc.net.au/news/2015-07-06/an-invisible-history-of-melbourne/6587162
  41. https://digital.library.adelaide.edu.au/dspace/bitstream/2440/132169/1/Anderson2016_PhD.pdf
  42. https://island-is.land/texts/standing-by-tunnerminnerwait-and-maulboyheenner
  43. https://www.monash.edu/mada/monash-art-projects/projects/additional/standing-by-tunnerminnerwait-and-maulboyheenner
  44. https://www.facebook.com/TunnerMaul/
  45. https://www.greenleft.org.au/2023/1373/news/tunnerminnerwait-and-maulboyheenner-commemorated
  46. https://nit.com.au/23-01-2025/15878/aboriginal-freedom-fighters-commemorated-on-anniversary-of-brutal-public-hanging
  47. https://itellyouarise.com/2019/01/20/first-nations-freedom-fighters-tunnerminnerwait-and-maulboyheener/
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