Butler Cole Aspinall
Encyclopedia
Butler Cole Aspinall was an Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

n defence advocate. He was one of the counsel for the leaders of the Eureka Stockade
Eureka Stockade
The Eureka Rebellion of 1854 was an organised rebellion by gold miners which occurred at Eureka Lead in Ballarat, Victoria, Australia. The Battle of Eureka Stockade was fought on 3 December 1854 and named for the stockade structure erected by miners during the conflict...

, and defended Henry James O'Farrell
Henry James O'Farrell
Henry James O'Farrell is infamously recorded as the first person to attempt a political assassination in Australia. In 1868, he shot and wounded HRH The Prince Alfred, Duke of Edinburgh the second son and fourth child of Queen Victoria.-Biography:...

 for the attempted assassination
Assassination
To carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...

 of the Prince Alfred, Duke of Edinburgh
Alfred, Duke of Saxe-Coburg and Gotha
Alfred, Duke of Saxe-Coburg and Gotha was the third Duke of Saxe-Coburg and Gotha, and reigned from 1893 to 1900. He was also a member of the British Royal Family, the second son and fourth child of Queen Victoria and Prince Albert of Saxe-Coburg and Gotha...

.

Biography and career

The son of the Reverend James Aspinall
James Aspinall
James Aspinall , was a miscellaneous writer and popular preacher.Aspinall had first under his care a church in Cheshire, about fifteen miles from Manchester. He then became curate of Rochdale, where he remained for five years. He afterwards resided at Liverpool, and in 1831 was the incumbent of St...

, he was born in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 in 1830, educated for the law, and was called to the Bar in 1853. He engaged in newspaper work and in 1854 came to Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...

 as a law reporter for The Argus
The Argus (Australia)
The Argus was a morning daily newspaper in Melbourne established in 1846 and closed in 1957. Widely known as a conservative newspaper for most of its history, it adopted a left leaning approach from 1949...

. He soon began to practise as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

 and gained a great reputation as an advocate, and as a wit and humorist.

Eureka Stockade trial

In February 1855, he was one of the counsel for the leaders of the Eureka rebellion, and in 1856 he was elected a member of the legislative assembly for Talbot (Australia), Talbot. At the end of July 1861 he became attorney-general in the Richard Heales
Richard Heales
Richard Heales , Victorian colonial politician, was the 4th Premier of Victoria.Heales was born in London, the son of an ironmonger. He was apprenticed as a coachbuilder and migrated to Victoria with his father in 1842. He worked for some years as a labourer before establishing himself as a...

 ministry, but the cabinet resigned a few weeks later.

Court practice

Aspinall was a first-rate advocate and a good parliamentary debater, but he broke down when 40 years old, an age when most men are scarcely past the beginning of their career. He had much charm of manner, and stories of his wit and humour were still being told in legal circles 70 years after his death. The Dictionary of Australian Biography
Dictionary of Australian Biography
The Dictionary of Australian Biography, published in 1949, is a reference work by Percival Serle containing information on notable people associated with Australian history. With approximately a thousand entries, the book took more than twenty years to complete...

quotes one example of his inspired impudence, which arose out of a brush with a Victorian judge.

Henry James O'Farrell trial

In 1868 Aspinall defended Henry James O'Farrell at Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...

 for the attempted assassination of Prince Alfred, Duke of Edinburgh, and from January to April 1870 he was solicitor-general in the John Alexander MacPherson
John Alexander MacPherson
John Alexander MacPherson , Australian colonial politician, was the 7th Premier of Victoria.MacPherson was born at his father's property of Springbank on the Limestone Plains, in New South Wales : he was the first Premier of Victoria born in Australia. His father was a Scottish Presbyterian...

 ministry. Towards the end of this year he resigned his seat in parliament, and in 1871 had a mental breakdown and was confined for some time. On recovering he returned to England and died there on 4 April 1875. He was married and his wife, who had been left in Melbourne, died six days later.

Personal life

A son, Butler Cole Aspinall, K.C. (1861-1935), who was educated in England, became a distinguished London barrister and a great authority on shipping law. He died unmarried in London on 15 November 1935.
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