Butler Cole Aspinall (11 November 1830 – 4 April 1875)[1] was a British-born journalist, barrister who migrated with his young wife to Melbourne, Australia, at first as an editor and writer for The Argus. He soon took up his lucrative legal practice as a defence advocate and later as a politician in the state of Victoria.

Butler Cole Aspinall.

Aspinall was one of the chief counsel for the leaders of the Ballarat Riots, also known as Eureka Stockade, and later defended Henry James O'Farrell for the attempted assassination of Prince Alfred, Duke of Edinburgh. He was briefly appointed as Attorney-General in 1861 and Solicitor-General in 1870.[2]

Aspinall died in April 1875 in Liverpool, England.

Biography and career

edit

The son of the Reverend James Aspinall, Butler Cole Aspinall was born in Liverpool, Lancashire, England, in 1830, educated for the law, and was called to the Bar in 1853. He engaged in newspaper work, contributing to the Morning Chronicle and other London papers.[3] In 1854, he came to Melbourne as a law reporter for The Argus, and also contributed to the Morning Herald, Age, and Melbourne Punch.[3] He soon began to practise as a barrister and gained a great reputation as an advocate, and as a wit and humorist.[4]

Eureka Stockade trial

edit

In February 1855, Aspinall was one of the counsel for the leaders of the Eureka Rebellion.

Politics

edit

In 1856, Aspinall was elected a member of the Victorian Legislative Assembly for Talbot.[3] He also represented Castlemaine (1859–60), Geelong East (1861–64), Portland (1866–67) and St Kilda (1868–1870).[2] At the end of July 1861 he became Attorney-General in the Richard Heales ministry, but the cabinet resigned a few weeks later.[5] He resigned as member for St Kilda on 1 January 1870,[2] was appointed Solicitor-General in the John MacPherson ministry, on 19 January 1870,[6] before resigning on 9 April 1870 with the rest of the ministry.[7]

Court practice

edit

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

"Mr Aspinall," said his Honour severely, "are you trying to show your contempt for this Court?" "No, your Honour," said Aspinall with an air of great humility. "I was merely trying to conceal it."[4]

Henry James O'Farrell trial

edit

In 1868 Aspinall defended Henry James O'Farrell at Sydney for the attempted assassination of Prince Alfred, Duke of Edinburgh,[3] and from January to April 1870 he was solicitor-general in the John Alexander MacPherson 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

edit

A son, also called Butler Cole Aspinall, who was educated in England, became a London barrister and an authority on shipping law. He died unmarried in London on 15 November 1935.[8][full citation needed]

References

edit
  1. ^ Richardson, Joanne. "Aspinall, Butler Cole (1830–1875)". Australian Dictionary of Biography. Canberra: National Centre of Biography, Australian National University. ISBN 978-0-522-84459-7. ISSN 1833-7538. OCLC 70677943. Retrieved 27 April 2013.
  2. ^ a b c "Butler Cole Aspinall". Re-Member: a database of all Victorian MPs since 1851. Parliament of Victoria. Archived from the original on 23 April 2023. Retrieved 27 April 2013.
  3. ^ a b c d Mennell, Philip (1892). "Aspinall, Hon. Butler Cole" . The Dictionary of Australasian Biography. London: Hutchinson & Co – via Wikisource.
  4. ^ a b Serle, Percival (1949). "Aspinall, Butler Cole". Dictionary of Australian Biography. Sydney: Angus & Robertson.
  5. ^ "Resignation of Ministers of the Crown (per 1861-166)". Victoria Government Gazette. Victorian Government Printer. 14 November 1861. p. 1861:2191.
  6. ^ "Appointment Solicitor-General Cole Aspinal". Victoria Government Gazette. Victorian Government Printer. 19 January 1870. p. 1870:69.
  7. ^ "Appointment Solicitor-General Henry Wrixon MLA". Victoria Government Gazette. Victorian Government Printer. 9 April 1870. p. 1870:599.
  8. ^ The Times, 16 November 1935

 

Victorian Legislative Assembly
New creation Member for Talbot
1856–1859
With: David Blair
Redistribution
New creation Member for Castlemaine
1859–1860
With: John Macadam
Vincent Pyke
Succeeded by
Preceded by Member for Geelong East
1861–1864
With: John Richardson
Succeeded by
Preceded by Member for Portland
1866–1867
Succeeded by
Preceded by Member for St Kilda
1868–1870
With: Thomas Fellows
Succeeded by
Political offices
Preceded by Attorney-General of Victoria
1861
Succeeded by
Preceded by Solicitor-General of Victoria
1870
Succeeded by