Year: 1872

From the Greenvlle Enterprise.


SKETCH OF HON. 7. J. WITHERS.


BY EX-GOVERNOR B. F. PERRY.


Judge Withers was man of distinguished
talent and ability. His intellect was as keen
and bright as a Damascus blade, and he welded
it on ali occasions, in public and in private,
most eAectually. Every word that tell from
his lips in conversation, on the Bench, or in
public speaking. had telling effect. No one
was ever left in doubt as to his meaning when
he discussed any question. He had moral
courage in high degree, and cared not whom
he pleased or offended. He was very sar'
castle and bitter in his denunciations Of men
and measures. No one ever possessed less OF
the demagogue than Judge Withers. No one
ever more conscientiously did what he thought
was right, regardless Of consequences. He
was in bad health all bis life, and somewhat
misanthropic. He never courted popularity,
and scorned the base means which others re-
sorted to for this purpose. The high public
Offices which he FL led were conferred on him
for his talents, ability and honesty, and not on
account of any personal popularity which he
possessed. There was spice OF malice in his
composition which delighted in wreaking it.
self on unworthy men and measures. He was
as open as the day, and if he disliked any one,
he showed it in manner not to be mistaken
Frankness was his characteristic.


Judge Withers was born in York District.
He told me his parents we're ''poor, obscure
and honest" In early boyhood, be displayed
great promise, and became the protege Of
Judge William Smith, who was, at that time,
United States Senator. He was we'll educa-
ted, and graduated in the South Carolina
College with high distinction. Immediately
after his graduation, he took charge Of the
Columbia Telescope, and edited that paper
with great ability, for two or three years. In
the meantime he read law, and was admitted
to the bar. He was a fierce nulli6er, and
when Governor Miller was brought out by the
notification party, in opposition to his old
patron, Judge Smith, he resigned the editor
Ship of the Telescope. He would not aban-
don 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 Smith. He did
beat him few votes, which gave encourage
ment and success to the notification party in
South Carolina.


Judge Withers commenced the practice OF
law at Camden, and soon acquired a lucrative
practice and high reputation as a lawyer.
He was soon elected Solicitor of his circuit
over Chancellor Dargan, who was the oppos-
ing candidate. The duties Of this office he
discharged 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 contin.
ed, 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 delivered most admirable charge to the
grand Jury. When court adjourned for din
ner, complimented him on his selfpossession
in taking his seat for the first time on the
bench. He said to me, 81 was utterly con-
fused and embarrassed, but the beauty Of it
was, I 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 edi-
ting paper, and it increased through life
There was great force and point in his style
as we'll as beauty of composition. His speech
es at the Bar were always logical and lucid,
sometimes fercely denunciatory. He was a
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 ma
ture 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.


In the trial ola case at Anderson for retail
ing without license, the Hon. j. P. 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
that he could appeal to popular prejudice,
and be acquitted. The Solicitor, in order to
prove the retailing, put the defendants coun-
sci on the stand, who stated that he did, on
some occasions, call for drink, and paid de-
fendant for it. In the argument of the case,
the defendants counsel declaimed forcibly
and at great length on the injustice of the in
dctment, under the circumstances, and argued
an acquittal as rebuke to such petty tyran-
ny, &c. In charging the jury his Honor said,
"There is only one question, gentlemen, tor
your consideration in this case, and that is,
whether the defendants counsel who proved
the retailing is to be believed on his oath?
Ifyou think him worthy Of credit, you will
find a verdict of guilty, otherwise your YER
dict will be not guilty. Give the record to
the jury, Mr.. Sheriff"


The Judge told me of a piece Of malice and
passion on his part, which 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 a long pi-
azza, took no notice of him till he asked if he
could get to stay all night with him: The
gentleman replied promptly, that he did not
keep a public house, and continued bis prom
enade. This cold, inhospitable reception net
tied the Judge, and he said to the gentleman,
81 did not mistake your residence, sir, for a
hotel, but thought your kindness and hu-
manity would prompt you to give shelter IN
Gil ch weather as this to q wet and suffering