Telegram-herald., 1886-05-11
HONORIhG IHE DEAD
Eulogiums Pronounced IN Cir
cult and Superior Courts.
TRIBUTE TO TIE LlIt JUDGE ElIHH.
~ Montgomery. Col. hao f0ote,
l. y. Norris. Judges Parrish
and Holmes and L p Euof

iu the Circuit Cont yesterday forenoon.
after tie disposition % the motion oalen-
dar. Hon T. D. Norris moved that the
memorial resolutions adopted by the Bar
association on the occasion Of the death 0i
Judge Nithey De spread upon The records
of the court Ina presenting the resolution
Mr. Norris commented upon the three fold
character Of Judge Withey's career a. law
yer. jurst aud Christian gentleman, and
made remarks similar 10 those printed Ia
the sunday TELE5RA -HERAIp.
Hon NJ C. Burch then arose and deliy-
erred the following tribute TO the deceased
jurist
MAY ID please your Honor. Al eminent citizen
hss passed away after having fairy canned his
einiueuce by long aud laboU0ls iiie aud 81 Is
proper thsI his fellow citizens should DO him
honor. friend has departed Who though ever
cautious aud discriminating nrm and true
friend and Il = hitting thai The friends remaining
should garland hls memory With their tTibuies 81
affection al able lawyer aud Just aud upright
Judge has ceased from has labors aud forever pat
on the Judicial eruluc auG lu aCkuOmle0 cement
ol al That - - A. aud all inai he oll lu tue al
minisIIstion 81 justice and Tor ihe credit ~ high
aud noble profession 4 Is vel that tho lar lu
their most public neds OF lab0r should plant upon
the records land marks Of their esteem flr him A.
one uuly aud speaking for myself bring such
tribute a. have 10 was Doubtless the privilege
% many % have known Judge Ml4hcy longer
than your honor aud myself Dut / believe that
few knew him more Intimately than ae Whu
during upwards Of i've sears-hls most useful aud
successful years-were separated from him only
boy door aud Partition wall believe that dur
ing my own prOies> EQUAL life 10 has never been my
lot 10 watcn more attcuuVely or study more
thoroughly any man connected Win The prOics
sion than tDc dl distinguished deceased came "a
b. n fH I'D
Attain OF the federal government. the Interests oi
which was Delegated 10 guard Pressure from
variety oi sources was early brought to bear upon
me, and n now LOOK back upOu the iusitiOn
was thus placed in. IL seems Ia u some
SPECIAL providence led me- for counsel. IA affair
other than those to be- Julicaly determIn-d q by
him, 10 Judge Withey. Indirectly ir0n some
of that counsel came about my pleasant
ASSOCIATION for many years with your
honor until the time when you Wa called upon
tO preside over lnis court.
From his daily life 50 fairly Observable during
those years believe / came % know the man a.
be was and 10 understand him he ha, been
since our closer relations ceased some years ago
read one oi the WORKS OF a famous auihOfc~- ui
the present century Miss MulOck entitled. a
Noble Life II made deep impression ou my
mind. lt was a sketch OF the work and career oi
a ScOichman of noble family. bat who. u rcnem-
ber correctly. wa, bowed down boz some such
physical inirmlty a. Judge Nthea IL was in
deed the story oi noble lle, bat a. 10 seemed %
lie over drawn ln ILs narration OF wide spread
and farresching u,efulness for good, oi one s.
lufiru. But a. came y know Judge Whitley in
hi, every day life I b, gau 10 he impressed with
thc similarity oi the man 10 the Character ana
changed my hlhd as % me huelty
% Tie truth of Miss Mulock Ia Ler
work. Men. women. even children. even
clcrgVmen church officials and members even
choir singers. bankers, business men. lawyers
and politicians, al classes, kinds and condi-
tiOns oi men seemed 90 come 10 him for advice
and assistance, aud u worthy DID not seem %
come iu vain. lie was discriminating, he did
not Do anything fDoiishly or unadyisediv. but
once convinced -that ae was rIgnt Il seemed a. a.
there no end to his patience and helpiulucss.
Than he never knew "a man more faithful in
every detail OF that which he undertook lie was
the embodiment. the very reconciliation 0f
thoroughuess and % this he added. not common
but rar0 gy0d sense And practica judgment
lie was a very intense man--Onc OF unusual viii
power aud force. yet lie had 50 far attained
,elt-maSterv that he was habituaily consIderste.
Seryatiye A. men become possessed Of
power you can begin 20 understand
more readily whether they are small or great.
Give small soulcd man power and he az once
itches 10 exhibit aud alpy II q somebody :
annoyance and injury. Glve great man power
and he will study MAYS and M ans of concealing
the possession oi H. aud use II only sparlugy and
when absolutely necessary Judge Nithcy had y
large measure of power entrusted 10 him. bat IL
was his wont 10 exhibit his greatness IN d very
careful use OF that power, and Yet hc was 80
perfectly fearless that he never hesitated % AS
sumo and carry heavy weights OF responsibility
il good occasion required lie perhaps not
"a
business hour of every business day of his lie
found him ~ his post 81 business. and if hc
had not genius be had that remarkable perseve-
renee which j. probably the best known suhsti-
tutc for II. - he wac enabled 10 accom-
pl>h great w0LA~ - by giving up 10
intense application the time which men
| physically more fortunate might have other
wise Employed - was enabled % leave the INA
press of hls individuality aud his iahOr in many
| widely diversified avenues OF life. lie was not 4
/ perfect man. He was not too perfect and Too
II D.. sos % NNa
! sometimes aspeTifiss Of temper. and NJ some
| times impatient bat mau w ho knew al Do
knew. was obliged o. see all that DC was obliged
/ 90 sce. who had o. hight az the wrong and in
Justice hc hsd o. contend with ia his conu in
| matters passing before him. and who dii moi
| sometimes show indignation and becorne isl
/ Tat lent wound simply e teo good Tor earthly i1te
And after all the rugged part OF him often proved
/ the best part oi him. and gave evidence az ti-
| most valuable and useful characteristics ~ tho
man Iie wss mot a nlen q ca-F Glcupn, bat Pee
hal plain and c.earcuf fashion Of stating hinge
/ and calling them hF their right Hame- when
| was remarkably effective and 81 ste
/ room for dauM % Wbat bls vifH'
/ Here upon Any given subject. Hc Has
! sometime stern au3 severe in hi- judgment ard
h.s critics ~ fhe sct1u, ot men passing lu ~
! tlew before him aud yef than be- I never kueH
! nudge more lauieuf or me cifli tu lias- ug eeu
/ feuee uroa tha-e brought before him for punish
/ ueuf lfp ~ nccustpmed to adhere Rith grea'
fenarity to his views when absolutely certain tha'
/ be- right tuf he cid nui nifeH aHA nuEAaft
/ e3ir take fhe position thsf De- Wss right beyond
! question f1r b 49, one ~ ne most opmmun Say
/ ugs chat from thc bench thsf the cnnr ha1 =
1 pride ~ opinion, snd wss aITsYs rssdF aur
1 willing g. receive right frUm any source y fef
/ ever. ln ms mind the $3.50 highest 4is lnestl 'r-
/ far Judge are natural iairues- an4 ihe o0araE'
I nf rnnf lfffon. WITH those $50. fnf nHs siftHff
nr anf sustaining 80 ol lfer courf may bf "a ha
/ or higher courts acre designed ~ fa-s =fTi o
/ fnarsI rafs -ffundei - gIr rlfHafi Aesif
/ rrsa3ice Isshc1 % fFF hy teaTorsri
( r.susiance- mhs dash aaa ,N4