The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1872-06-20
Er- GOv. Perrys "reminiscences Of Public Men,
Thomas ]. Withers.

Er- Gov. Peuys "reminiscences of Public Men.
Thomas J. Withers.
Judge Withers was man of distinguished
talent and ability. His intellect was keen and
bright as Damascus blade, and he welded it
on all occasions, in public and in private, most
effectually. Every word that fell from his lips
in conversation, on the Bench, or in public
speaking, had telling effect. No one was left
in doubt as to his meaning VIXEN he discussed
any question. He had moral courage in high
degree, and cared not whom he pleased or CT
Tended. He was very sarcastic and bitter IN
his denunciations of men and measures. NO
one ever possessed less of the demagogue than
Judge Withers. No one ever more consclen-
tiously did what he thought was right, regard
less of consequences. He was in bad health
all his life, and some what misanthroplc. lie
never courted popularity, and scorned the base
means which others resorted to for this purpose.
The high public Offices which he filled were
conferred on him for his talents, ability and
honesty, and not on account of any personal
popularity which he possessed. There was a
spice of malice in his composition which de-
lighted in wreaking itself on unworthy men
and measures. He was as open as the day, and
if he disliked any one, he showed it in man.
ner not to be mistaken. Frankness was his
characteristic.
Judge Withers was born in York District.
He told me his parents were "poor, obscure
and honest" In early boyhood, he displayed
great promise, and became the protege of Judge
William Smith, who was, at that time, United
States Senator. He was we'll educated, and
graduated in the South Carolina College with
high distinction. Immediately after his grad
uation, he took charge of the Columbia !sles-
cope, and edited that paper with great ability,
for two or three years. In the meantime ne
read law, and was admitted to the Bar. He
was a fierce Nullifer, and when Governor Mil
ler was brought out by the Nullihcatlon party,
in opposition to his old patron, Judge Smltn'
he resigned the editorialship of the Telescope.
He would not abandon his political principles,
and he could not enter the canvass against his
old friend and patron. He therefore, actuated
by the most honorable motives, stepped aside,
and took no part in the contest. Governor
Miller was, at that time, the only man in South
Carolina who could have beaten Judge Smlth.
He did beat him few votes, which gave ell
courapement and success to the Nullihcatlon
party in South Carolina.
Judge Withers commenced the practice OF
law at Camden, and SOON acquired lucrative
practice and high reputation as lawyer.
He was soon elected Solicitor of his circuit
over Chancellor Dargan, who was the opposing
candidate. The duties of this Office he dis
charged with great ability and impartiality.
His health became bad, and he resigned the
Office, after he had filled it for many years, and
was several times reelected. He continued,
however, in his profession till he was elected
Circuit Law Judge of the State. He first took
his seat on the Bench at Spartanburg, and de,
livered most admirable charge to the grand
Jury. When court adjourned for dinner, L
complimented him on his self-possession in
taking his seat for the first time on the Bench:
He said to me, II was utterly confused ana
embarrassed, but the beauty Of it was, let no
one see it." :,
AS Judge, he was always clear, able and
learned. On the circuit he despatched busi-
ness with great promptness, and his opinions
in the Court of Appeals will compare well
with those of any other Judge. He acquired
considerable reputation as writer whilst edit
ing q paper, and it increased through life.
There was great force and point in his style as
we'll as beauty of composition. His speeches
at the Bar were always logical and lucid, some
times fercely denunciatory. He was very
high-toned and honorable man, and no one
was more apt than himself, to denounce and
expose all meanness and dishonorable conduct.
He seemed to take great pleasure in doing so,
where he might sometimes have passed it over
without notice. He was by nature very pas.
sionate. and his health made him irritable and
peevish. This sometimes occurred on the
Bench, and made him appear wanting In prop
er courtesy.
In the trial of case at Anderson for retail
ing without license the Hon. j. T. Reed was
defending, and Judge Whitner, then Solicitor,
was prosecuting. The Town Council had re-
fused to grant any license to retail spirits To
any one. This measure became very unpopu-
lar, and defendant set it at defiance, hoping
be acquitted. The Solicitor, in order to prove
the retailing put the defendants counsel on
the stand, who stated that he did, on some oc-
casions, call for drink, and paid defendant
for it. In the argument of the case, the defen-
dant's counsel declaimed forcibly and at great
length on the injustice of the indictment, un,
der the circumstances, and argued an acquittal
as q rebuke to such petty tyranny, &C. In
charging the jury his Honor said: "There is
only one question, gentlemen, for your consid-
Grafton in this case, and that is, whether the
defendants counsel who proved the retailing il
to be believed on his oath? If you think him
worthy of credit, you will find verdict OF
guilty otherwise your verdict will be not guilty.
Give the record to the jury, MIR. Sheriff."
The Judge told me of piece of malice and
passion on his part which I did not think al
together we'll founded. He was going from
Camden to Sumter court in an old sulky. 1t
was late in the evening and raining very hard,
the weather. too, was quite chilly, and he
thought he would stop for the night at the next
house. He drove up, and the gentleman who
was pacing back and forth in long piazza,
took no notice of him till he asked if he could
get to stay all night with him: The gentle
man replied promptly, that he did not keep a
public house, and continued his promenade.
This cold inhospitable reception nettled the
Judge, and he said to the gentleman: IL did
not mistake your residence, sir, for hotel, but
1 thought your kindness and humanity would
prompt you to give shelter in such weather as
this. to q wet and suffering fellow creature like