View of King George Sound, Albany, site of the first European settlement in Western Australia, 1826

Eric Hayward BJuris LLB Grad Dip Ed.

Justice on Noongar Boodjar

Truth Telling about Western Australia’s Black Colonial History

Colonial Justice 1829-1834

(Research in Progress)

Captain James Stirling stole land on behalf of the British Empire, who sold it back to British settlers and he received vast grants of prime land along the Swan River for himself. 

British settlers bought Noongar land from England and fenced off their properties, preventing Noongars access to food gathering, hunting, fishing, camping and ceremonial grounds. From the start of the colony, Noongars and British settlers fight for control over Noongar territories and an unofficial war is waged across the colony, with deaths on both sides.


In 1829

The first massacre of more than twenty Noongar people occurs at the Swan River Settlement. On 18 June 1829, Lieutenant Governor James Stirling, boldly proclaims that “any person behaving in a fraudulent, cruel or felonious manner towards the Aborigines…” will be prosecuted and tried.


On 3rd May 1830

Captain Frederick Irwin of the 63rd Regiment, led troopers in a massacre of Noongar people at Galup, Lake Monger. Irwin reported to Stirling, 'This daring and hostile Conduct of the Natives induced me to seize the Opportunity to make them sensible of our Superiority, by shewing how severely we could retaliate their Aggression…”


On 23 April 1831

A UK legal and judicial despatch declares, contrary to newspaper reports of bloody conflicts, Western Australia is acquired by mere rights of occupancy and not by conquest.


In 1832

Noongar Resistance leader Yagan is arrested and imprisoned on Wadjemup, Rottnest island. Yagan is described in newspaper reports as the ‘Wallace’ of the natives, a reference to the Scottish rebel leader William Wallace. He escapes Wadjemup by stealing a boat and rowing back to shore.


On 29th April 1833 
Yagan's brother Domjun is shot.


On 4 May 1833

Lieutenant Governor Frederick Irwin declares that Noongar leaders Yagan, Midgigooroo and Munday were outlaws, deprived of the protection of British Laws and were to be captured “Dead or Alive”. Indemnity from prosecution is provided to settlers to execute the warrants.


On 25 May 1833

Midgigooroo is executed without trial by volunteer soldiers from the 63rd Regiment. Legislative Council members approved of the execution, which proceeded without any defence, or cross-examination of the witnesses. Lieutenant Governor Captain Frederick Irwin, gives the signal to the firing squad and settlers expressed satisfaction with some shouting ‘loud and vehement exultations’. After the execution there were reports that “numbers of natives were shot down’ by irritated whites. How many Noongars were shot is unknown.


On 31 May 1833

The Colonial Secretary Peter Brown, circulates a Government Notice addressed to the Magistrates, due to frequent aggressions towards Noongar people by some “evil disposed persons of the white community”. The Aborigines having have been wantonly fired upon without provocation, Magistrates are directed to put the laws in force and place an effectual stop “to such gross and dangerous outrages” by bringing to justice all Civil and Military persons accused of such conduct, adducing evidence and bringing them to trial.


On the 11th of July 1833
Yagan is assassinated by a settler youth known to him.


On 28 October 1834

Governor Stirling, Lieutenant John Roe, Captain Meares, Mr Peel, twenty-four soldiers and civilians, cornered the Pinjarra Noongars of about eighty men, women and children, becoming one of the most infamous punitive expeditions in Western Australian history. A handful of Police commenced the attack led by Captain Ellis and Superintendent Norcott and a detachment of troopers from the 21st Regiment. Official reports say 15 to 20 Noongars were killed, but the true number is more likely to have been in the dozens.