 In 1868 Aspinall defended Henry James O'Farrell at Sydney 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 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.