The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-07-11
A BUSY LIFE ENDED
Ex-Judge Spier Whitaker Has
Passed Away.
He Was Prominent at the Bar and in Politics
ard Served His Country Faithfully in
Two Wars.

Judge Spler whitaker QleQ at MS place ul
residence on Hillsboro street, after an
illness of several weeks The immedi-
ate cause Of his death was heart fail
IRE complicated with other troubles from
which he has been a sufferer.
The death of this distinguished man,
yesterday, has removed one who made
his impression on the generation in which
he lived and labored.
He was born in the county of Halifax,
n. c., March 18th, 1S41 He was of the
best lineage on both sides of his family.
His father was Spier Whitaker and his
grandfather Matthew Cary Whitaker, an
influential citizen of his county in the
early days of the last century. Spier
Whitaker ST., was lawyer of ability and
| learning, and served as Attorney General
OF the State, by the election of the Gen
eral Assembly from 1912 to 1916. His wife
was Elizabeth Lewis, a daughter of EXum
Lewis, long leading citizen of the county
OF Edgecombe. Spier was their youngest
son, and in 1854, while he was lad, his
father moved to Davenport, Iowa, to live
and practice law; but his attachment to
his native State was such that in the
following year he sent his son back to
the State and had him entered as a pupil
III the school of Major Sam Hughes. at
Cedar Grove, in Orange county. There he
was prepared for college and was matricu-
lated as freshman in our university in
the summer of 1857. Just before his grad
Uation, upon the call of his State for
troops for the war between the States,
he volunteered as a private in the COM
raj hv r6 I Ach n nd
was in the camp of instruction at the
time OF the secession OF the State on the
10th of May, 1861. His company was a part
of the regiment of which Lieutenant Gen
, eral ID. H. Hill was then Colonel, and he
was in the battle of Bethel, in which the
heroic youths of North Carolina SO dis
tinguished themselves. In March 1862 he
was captured at Newhern by General
Burnside's forces and was a prisoner Of
war at Governors Island and elsewhere
for four months. Upon his exchange he
was, on the recommendation of Lieut.
Col. R. f. Hoke, appointed second lieu
tenant and assigned to Company K Thir-
| ty-third n. c. State troops, and partici-
pated in the battles at Harper's Ferry
Sharpsburg, and all the other battles in
which that battle-scarred regiment SO
bravely fought, except one; and for some
time he was it's adjutant, having been pro-
NOTED to the office of First Lieutenant.
In one battle his courage and GOODNESS
were SO CONSPICUOUS that Brigadier Cen
eral James Conner, temporarily command
ing his brigade, thought it due to him
thus to commend him, in a general order,
| to General James H. Lane:
General orders Lanes Brigade, August
9Th, 1864
General: AS l am about to leave the
brigade, l desire to commend to your fav-
( crable notice Lieut.. Whitaker, Adjutant
| Thirty-th regiment. His gallant and
| officer-like conduct in the battle of the
| 18th of July at Gravelly Hill, attracted
my attention. The troops were thrown
| into some confusion. | was in command
/ of this and McGowen's Brgades and
| found myself at the moment separated
| from my staff. l appointed Lieut.. Whit
aker temporary aide, to assist me in
| restoring the line and reforming the
| troops, and he discharged the duty so
well and efficiently as to merit my highest
| approval. / have considered it due to him
| 10 put my approval of his conduct in some
permanent shape, and therefore address
you this letter
Il am, General, very respectfully, your
| obedient servant,
| tSigned) JAMES CONNER, Brig Cen"
| Adjutant Whitaker surrendered at APP
| pomattox, and then went to his fathers
home in Iowa, but he did not remain away
/, long, and in 1866 he returned to the
State to live. Having studied law under
his father he obtained his license to
| iaa he
and settled in Raleigh, occupying an Of
| flee with Colonel Ed. Graham Haywood.
In the winter of 1856 he removed to Hall
fax and made his home at Enfield. In
1867 he obtained license to practice in
the Superior Courts, and soon thereafter
he was made solicitor of the County Court.
He soon commanded a good practice and
became prominent in the politics of his
county. In 1881 he served with credit to
himself as a member of the State Senate.
To enlarge his practice he returned in
1882 and formed partnership with John
Calling, Esq, lawyer of distinguished
ability. Their association continued until
a short tine before the death of Mr.. CAT
ling, and the firm was justly regarded as
one of the strongest in the State. Dur
ing the continuation of the partnership
and afterwards Mr.. Whitaker was dill
gent in the prosecution of his profession
though occasionally he took a prominent
part in the politics of the State. In 1856
he led the forces of Judge Fowle in the
contest with Lieutenant Governor Sted-
man for the nomination for Governor be-
fore the Democratic convention, and hav-
ing succeeded he was made chairman of
the Democratic State Committee. He was
skillful bold and aggressive in the cam
paign of that year, and success crowned
his efforts.
In November, 1889, he was appointed
by Governor Fowle judge of the Superior
Courts for the Fourth District, and hav-
ing been subsequently elected by the
people he held the office until July 10th,
1894, when he resigned and returned to
the practice of law Soon after his resig-
nation he attracted MUCH attention by
the ability, skill and courage with which
he conducted an investigation of Che con-
duct of certain officers of the Insane
Asylum, in which the public took very
great interest. His exhaustive argument
before the Asylum Board composed of
men of distinction, was pronounced by
all who heard it and by the public who