William Aspinall

William Aspinall and Calvert Moore lived next door to each other at 38 and 40 Clough Lane, Mixenden.

There was a quarrel at the Talbot Inn, Illingworth after the pub closed.

Aspinall was walking along Edge End Nook and was heard to say

I am waiting for Calvert Moore and mean to have it out with him

Later, at home, Aspinall was heard to say

Come on out I have something for you

He had a hatchet in his hand. Moore went out of the house but Mrs Moore got between them.

Joe Aspinall, the prisoner's brother, made a snatch at the hatchet, but the prisoner got the swing of the blow in and struck the deceased on the head. Deceased fell to the ground and it was alleged that a second blow was struck by the prisoner when the deceased was on the ground.

The man died almost immediately.

Mr Thomas (prosecuting) said there was some conflict of evidence that the deceased had come out of the house with a poker.

Mrs Moore denied this but Joe Aspinall said he took it from the hand of the deceased whilst he was on the ground.

His Lordship remarked

If a man came out of the house with a poker it would not be a stretch of the imagination to think that he might use it. Two bruises were found on the shoulder bone of the prisoner that might have been caused by some blunt instrument.

Did Mr Thomas think under these circumstances that he could ask the jury to find a verdict of wilful murder

Mr Thomas said he did not think he could.

The charge was then reduced and the prisoner pleaded guilty to manslaughter.

Aspinall's employer said the prisoner bore a splendid character.

Mr Justice Darling was not sure whether he should inflict a heavier sentence, but making allowance for the state of blood in which he was at the time, and the kind of provocation he received, the least sentence he could pass was that he should go into penal servitude for 5 years