The Greenville enterprise. [volume] (Greenville, S.C.) 1870-1873, 1872-06-12
Qeppts0. to. 1leaps,

nerce Nulliher, andswhen Govern.
or Miller was brought out by the
Nuliffcation party, in opposition
to his old patron, Judge Smith. he
resigned the editorship of thesZele
scope. d Hegwopld, not abandon, his
political principals, and. he could
not enter the canvass against his
old friend and patron. ~ He there.
fore. actuated by the most honora
bic motives, stepped aside and
took no part in the contest. Cow
ernOr Miller was, at that time, the
only man in South, Carolina, who
could have beaten Judge Smith.
de did beat him q few votes,
which gave encouragement and
success to the Modification party
in South Carolina. hwttt 90
Judge Withers commenced the
practice of law at Camden, aud
soon acquired a lucrative practice
and a high reputation as a lawyer.
He was soon elected Solicitor of
his circuit over Chancellor oDar-
gan, who was the opposing candi-
date. The duties Of this Office he
discharged with great ability and
impartiality. q His health became
bad, and he resie ned tie office, af
ter he had filed 1t for many years,
and was several times re elected.
He continued, however, in his pro.
fession till he was elected Circuit
Law Judge of the State. He first
took his seat on The Bench at Spar.
tanburg. and delivered most adj
mirable charge to the grand Jury.
When court adjourned for dinner,
| complimented him OIL his self.
possession in taking his seat
for the first time OIL the Bench
He said to me, 1 was utterly con.
fused and embarrassed, but the
beauty of it was, l let no one see
it," - r,-sv -.....',r7.-.-..s-- --.,r..
Asa Judge, he was always clear,
able and learned. On the circuit
be despatched business with great
promptness, and his opinions in
the Court of Appeals will compare
we'll with those of any other j udge.
He acquired considerable reputa
ton as a writer, whilst editing a
paper, and it increased through
life. There was great force and
point liz his style as well as beauty
of composition. His speeches at
the Bar were always logical and
lucid, sometimes fercely denim.
clatory lie was a very high-toned
and honorable man, and no one
was more apt than himself, to de.
nounce and expose ali meanness
and dishonorable conduct. He
seemed to take great pleasure in
doing so, where he might come.
times have passed it over without
notice. He was by nature very
passionate, and his i'll health made
him irritable and peevish. This
sometimes occurred on the Bench.
and made him appear wanting in
proper courtesy. si' g,g
nthe trial of a Gaze at Anderson
for retailing without license. the
Hon: j. p Reed was defending,
and Judge Whitner, then Solicitor,
was prosecuting. The Town Conn.
Gil had refused t,grant any license
to retail spirits to any one. This
measure became very unpopular,
and defendant set it at defiance
hoping that he could appeal to
popular prejudice, and be acqnit.
ted. The Solicitor. in order to
prove the retailing, put the defen.
dant's counsel on tue stand. who
stated thathe did, on some occa
sions, call for drink, and prid de.
fendant for it,, In the argument
of the case, the defendants conn.
sci declaimed forcibly and at grea,
length on the injustice of the indlct.
ment, under the circuln stances.
ana argned an acqnlttal as re-
buke to such petty tyranny, &C.
In charging the, jury his Honor
said, "Theee is only one question,
gentlemen, for your consideration
in this case, and that is, whether the
defendant counsel who proved the
retailing is to be believed on his
oatlig yon think him worthy
of credit, You will find a verdict Of
guilty, otherwise your verdict will
be not guilty. Give the record Il
the jury, MIR. Sheriff. gaZ
The Judge told me of q piece oI
malice aud passion on bis part
which / did not think altogether
we'll founded. He was going from
Camden to Sumter court in an ole
sulky. 1t was late in the evening
and raining very hard, the wealth.
or, too, was quito chilly, and ht
thought he, would stop for the
night at the next house. He drove
up, and tie gentleman who wa,
pacing back and forth in a long