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Caswell County Genealogy
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 1836 - 1898 (61 years)
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| Name |
Withers, Elijah Benton [1, 2] |
| Title |
Lieutenant Colonel |
| Birth |
31 Dec 1836 |
Caswell County, North Carolina  [2] |
| Gender |
Male |
| Occupation |
1860 [2] |
| Lawyer |
| Reference Number |
19200 |
| Death |
23 Apr 1898 |
Danville, Virginia [2] |
| Burial |
Green Hill Cemetery, Danville, Virginia |
| Person ID |
I18843 |
Caswell County |
| Last Modified |
23 Sep 2023 |
| Father |
Withers, Elijah Keen, b. 23 Dec 1803, Caswell County, North Carolina d. 20 Jan 1870, Caswell County, North Carolina (Age 66 years) |
| Relationship |
natural |
| Mother |
Lawson, Nancy Bethell, b. 1 Aug 1803, Rockingham County, North Carolina d. 5 Jun 1876 (Age 72 years) |
| Relationship |
natural |
| Marriage |
8 Apr 1826 |
Caswell County, North Carolina [3] |
| Reference Number |
217989 |
| Notes |
- Marriage Bond Record
Groom: Elijah K. Withers
Bride: Nancey B. Lawson
Bond Date: 8 April 1826
Bondsman/Witness: Joel F. Motley
Location: Caswell County, North Carolina
Source: Caswell County, North Carolina Marriage Bonds, 1778-1868, Katharine Kerr Kendall (1981) at 123.
Marriage date seen as 11 April 1826.
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| Family ID |
F8571 |
Group Sheet | Family Chart |
| Family 1 |
Price, Mary Ann, b. 1847, Caswell County, North Carolina d. Jan 1869, Caswell County, North Carolina (Age 22 years) |
| Marriage |
25 Mar 1863 |
Caswell County, North Carolina [1] |
| Reference Number |
461813 |
| Notes |
- Marriage Record
Groom: Elijah B. Withers
Bride: Mary A. Price
Bond Date: 23 March 1863
Bondsman/Witness: William L. Barnard
Location: Caswell County, North Carolina
Marriage Date: 25 March 1863
Married By: P. J. Carraway, Minister of the Gospel
Source: Caswell County, North Carolina Marriage Bonds, 1778-1868, Katharine Kerr Kendall (1981).
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| Children |
| | 1. Withers, Daniel Price d. Jan 1869 [Father: natural] [Mother: natural] |
| + | 2. Withers, Eugene, b. 22 Jan 1867, Caswell County, North Carolina d. 1 Jun 1925, Danville, Virginia (Age 58 years) [Father: natural] [Mother: natural] |
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| Family ID |
F8569 |
Group Sheet | Family Chart |
| Last Modified |
23 Sep 2023 |
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| Notes |
- Elijah Benton Withers (1836-1898)
(for larger image, click on photograph)
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Practiced law in Yanceyville, Caswell County, North Carolina, partner of Robert B. Watt. Apparently moved to Danville, Virginia, in 1876.
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To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the rank affixed to their names, respectively.
Jefferson Davis.
No. 18. War Department, Confederate States of America,
Richmond, November 23, 1864.
Sir: I have the honor to recommend the following nominations for promotion in the Provisional Army of the Confederate States of America:
Lieutenant-colonel. Maj. E. B. Withers, of North Carolina, to be lieutenant-colonel Thirteenth North Carolina Regiment, vice Lieutenant-Colonel Rogers, retired, to rank from October 19, 1864.
Source: Journal of the Confederate Congress 1964.
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Withers, E. B. - of Yanceyville, Caswell County, N.C. Democrat. Delegate to Democratic National Convention from North Carolina, 1876. Burial location unknown.
Source: The Political Graveyard.
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Kirk-Holden War, The New York Herald 23 July 1870
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The following is from When the Past Refused to Die: A History of Caswell County North Carolina 1777-1977, William S. Powell (1977) at 188-190 (paragraph breaks added):
The captain of Company A (Yanceyville Grays) was 38-year-old John A. Graves, a lawyer, who served until the following April when he was promoted to major and transferred to the 47th Regiment. (There seem to have been no other Caswell men in his new unit in which Graves was promoted to lieutenant colonel in January, 1863. He was wounded and taken prisoner at Gettysburg on July 3, 1863, and died in Johnson's Island Prison in Lake Erie on March 2, 1864.) Elijah Benton Withers, 25, also a lawyer and an 1859 graduate of the University of North Carolina, succeeded Graves as captain of the company. In 1863 Withers was promoted to major and transferred to regimental headquarters. He was succeeded as captain by Ludolphous B. Henderson 28-year-old former dentist who had risen from private to corporal and to lieutenant.
Lieutenants in the company were Henry B. Fowler, George W. Gunn, David S. Lockett, Bartlett Y. McAden, Marmaduke Williams Norfleet, Felix L. Poteat, Wiley P. Robertson, James N. Williamson, and Walter S. Williamson. There also were 154 noncommissioned officers and privates in the company. Five of the enlisted men were tapped for service at the regimental level: Private John Henry McAden was made Assistant Surgeon and later Surgeon, after which he was transferred from the regiment to brigade headquarters. Private John William Williams was made sergeant major; and Private Robert D. Lawson and Sergeant Daniel C. Hill were made Quartermaster Sergeants. Nathanial K. Roan enlisted as a sergeant but on July 1, 18161, was promoted to Ensign (Color Sergeant) for the regiment.
Another private, Thomas S. Harrison, whose record was of an entirely different character, hired a substitute for himself (a perfectly legal procedure) and was discharged at camp near Richmond on July 27, 1862. His replacement, George Bowers, 35, a citizen of Louisiana, deserted the same day he enlisted, so Harrison was later arrested and confined to jail. Under a writ of habeas corpus he secured a hearing on September 29, 1863, before Supreme Court Justice William H. Battle who ordered Harrison released upon presentation of evidence that he had hired a substitute.
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13th Regiment, North Carolina Infantry: 13th Infantry Regiment, formerly the 3rd Volunteers, was organized at Garysburg, North Carolina, in May, 1861, with 1,100 men. Its members were recruited in Caswell, Mecklenburg, Davie, Edgecombe, and Rockingham counties. Ordered to Virginia, the unit was assigned to General Colston's, Garland's, Pender's, and Scales' Brigade. It shared in the many campaigns of the Army of Northern Virginia from Williamsburg to Cold Harbor, endured the battles and hardships of the Petersburg trenches south of the James River, and took part in the Appomattox operations.
This regiment totalled 575 effectives in April, 1862, lost 29 killed and 80 wounded during the Seven Days' Battles, and had 41 killed and 149 wounded in the Maryland Campaign. It reported 37 casualties at Fredericksburg and 216 at Chancellorsville. Of the 232 engaged at Gettysburg, more than seventy-five percent were disabled. It surrendered 22 officers and 193 men. The field officers were Colonels Joseph H. Hyman, William D. Pender, and Alfred M. Scales; Lieutenant Colonels W. S. Guy, Henry A. Rogers, Thomas Ruffin, Jr., and Elijah Benton Withers (Caswell County); and Majors John T. Hambrick (Caswell County), D. H. Hamilton, Jr., and T. A. Martin.
Source: National Park Service Soldiers & Sailors System.
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Elijah Benton Withers was born on his father's farm in Caswell county. North Carolina, December 31, 1836, and died in Danville, Virginia, April 23, 1898. He grew up on the home farm, was given a good education, and became a lawyer. At the outbreak of the war between the states he enlisted in the Thirteenth Regiment, North Carolina Volunteer Infantry, and rose to the rank of lieutenant-colonel. He was wounded at the battle of South Mountain, but recovered from his injuries, and after the war resumed the practice of law in his native state. In 1876 he moved to Danville, Virginia, was admitted to the Virginia bar, and practiced in all state and Federal courts of the district until his death in 1898. He was a man of lofty principles, a lawyer of learning and ability, and stood high both as a lawyer and citizen. In 1874 he was a member of the legislature of North Carol1na, and in 1875 was a delegate to the constitutional convention that framed a new constitution for the state of North Carolina.
He bore a prominent part in the public affairs of North Carolina during the reconstruction period, as he had previously borne a soldier's part in the field, and did all in his power to bring order and peace out of the chaotic conditions that existed under "carpet bag" rule. Colonel Withers married Mary Ann Price, born in Caswell county, North Carolina, in 1847, died there in January, 1869, daughter of Daniel Smith Price, born in Caswell county, in 1801, died in August, 1872, a farmer. Daniel S. Price married Eliza Frances Stokes, born in the same county, died in Danville, Virginia, in May, 1887, aged seventy years. Children of Elijah Benton Withers: Eugene, of whom further; Daniel Price, died in infancy. Colonel Withers married (second) Lemma Price, December, 1875, and had four children by this marriage: Daniel Price, Mary W. Starling, Elijah Benton, Jr., Gertrude W. Fogle. Mrs. Lemma P. Withers died November 5, 1907.
Source: Encyclopedia of Virginia Biography, Lyon Gardiner Tyler, Editor (1915) at 965-966.
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Letter from Lucy Park Robertson to her brother, Willie P. Mangum Robertson:
June 25th 1862
Dear Wiley,
It’s with the greatest pleasure imaginable that I seat myself this beautiful morning, to write you a few lines. Rose Belvins hand is very sore. Dr. Roan thinks it will rise. She has not been out in the last day or two. Sallie Belvins keeps well, I believe still goes to see Ben & enjoys herself very well, Rose expecting Miss Fress?
Ma is tolerably well, sends love & c.
How do you all get on without Captain Withers? Sorry to hear he was sick.
Went to church yesterday.
Back Page
Great many people there. Geo Graves was there, he looked very badly indeed, intensely pale. Loss Bosco was present also, had his hand bandaged up. Send you some cherries' the pears are not fully ripe.
Want to see you all very much. Wish you could come home to stay all the time. All the girls send their love to you. Mrs. Mason, Mrs. Reinhart, & Mrs Johnston send love too. Maj. J. A. Graves & Martin Lenick Norfleet in town, got home Saturday
Enclosed this miserably written scrawl & write soon to your affectionate
Sister Lessie Park
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(for larger image, click on photograph)
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The Heritage of Caswell County, North Carolina, Jeannine D. Whitlow, Editor (1985) at 281 (Article #333A, "Mr. and Mrs. O. R. Hinton " by Iris C. Pryor).
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William Withers (son of John of 1791) made a will dated November 21, 1803, and proved in Fauquier, January 23, 1804, names the following children: 1. James, to whom he gives land in Culpeper, where James lived, and iog acres adjoining; 2. Spencer, to whom and his wife, he gives certain land with reversion to their children, and also negroes, &c.; 3. Susanna; 4. Elizabeth, wife of John Withers; 5. Molly, wife of Wm. Withers; 6. Alice, wife of John Ball, Jr.; 7. Agatha, wife of Martin Porter; 8. Jesse, to whom he confirms gift of land where Jesse lives, and which had been bequeathed to him (the testator) by his father; 9. Elijah; 10. Lewis, to whom he gives the land where testator then lived; and also a legacy to granddaughter Betty, daughter of William Withers. It does not appear whether Elizabeth and Molly Withers were daughters or daughters-in-law, probably the former, as there is no bequest to their husbands.
Elijah Withers (son of William) removed to Caswell county, N. C., about 1800, and was father of Elijah K. Withers, and grandfather of E. B. Withers both of that county, and great-grandfather of Hon. Eugene Withers, of Danville, Va., member of the State Senate.
Source: The Virginia Magazine of History and Biography, Vol. 7, No. 1 (July, 1899), pp. 87-91. Published by: Virginia Historical Society. Stable URL: http://www.jstor.org/stable/4242230. Accessed: 21 October 2011.
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Colonel E. Benton Withers. Danville, Virginia., 23 April 1898 -- Special -- The community was shocked this evening by the anouncement of the sudden death of Colonel E. Benton Withers, which occurred at 5:30 o'clock. Colonel Withers was in his usual health yesterday, and last night attended an entertainment given under the auspices of Cabell-Graves Camp, Confederae Veterans, of which he was commandant. On his way home from the entertainment he was taken sick. This morning he was reported better, and was up and about his house, but in he afternoon about 5 o'clock was taken worse, and died at 5:30 o'clock P. M. from heart failure. Colonel Withers was a native of Caswell county, N. C., and was colonel of the Thirteenth North Carolina Regiment. He practiced law in Caswell county many years and represented the county in the Legislature and the Constitutional Convention of 1873. He moved to Danville in 1876, and has been a prominent member of the Danville bar ever since. Colonel Withers leaves five children, the eldest of whom is Hon. Eugene Withers, of the Virginia Senate.
Source: The Times (Richmond, Virginia), 24 April 1898.
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"On October 28, 1883, at the home of William B. and Elizabeth Shelton Swann, Pelham, North Carolina, Mamma and Papa were married. I do not know any of the details as to where they spent their honeymoon. There were both orphans. Papa had been orphaned by the death of this father, Obediah Nunnally Fitzgerald, on September 14th, 1862, at the Battle of South Mountain, Maryland. Grandfather, was a First Lt. in the Caswell Rifles, which was a North Carolina Company, serving in the Confederate Army under Colonel Benton Withers. Grandmother May Ann Wright, died at her home in 1865, leaving Papa, and his older brother, Uncle Rufus H. Fitzgerald, as orphans, at a very tender age."
Source: Letter by James Obediah Nunally Fitzgerald, Jr.
From another letter: "By word of mouth from Col. E. B. Withers, then Captain - Lt. Obediah Nunnally at the battle of Boonsboro, Md, was some yards ahead of his comrades, when he threw up his rifle and yelled, "Come on boys, well get'em this time!" - Capt Withers saw him shot and saw him fall - he was never seen after - this was corroborated also by Wm. Snow, a comrade in the same company."
Over the years, the Fitzgerald family has been confused by these statements because Colonel Elijah Benton Withers is associated with the Yanceyville Grays and not the Caswell Rifles. However, the reference in the James Obediah Nunally Fitzgerald, Jr. letter to the Caswell Rifles appears in error. The grave marker of Civil War soldier James Obediah Nunally Fitzgerald has the following inscription:
Co. A., 13 N.C. Inf., C.S.A
And, Company A of the 13th N.C. is the Yanceyville Grays. Nor does it appear that the James Obediah Nunnally Fitzgerald who died 1862 was an officer.
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The State Against F. A. Wiley
The Weekly Standard (Raleigh, North Carolina)
31 August 1870 (Pages 1-2)
Col. [Elijah Benton] Withers duly sworn testified--I am a partner of Col. Watts [Robert B. Watt]; I was in the meeting in the afternoon; I was a candidate; made some few remarks; Mr. Totten was secretary and at the Clerk's desk. Mr. Mebane was chairman; he called Totten and requested us to remain. We went to the jury room to arrange about the canvass. That was between 4 and 5 o'clock. I then went to my room and found several persons there; then went to Colonel Watts and got my horse and went to my father-in-law's. I am not married.
I sleep in my office very night except Saturday and Sunday nights. I lost my wife two years ago. My father-in-law has my little child. The Courthouse building is about 100 feet long, the vestibule some 5 or 6 yards. I have occupied the room as my office since 1866; it is about 20 steps from the Courthouse door to the gate. I doubt if any person could recognize another from the gate to any distance in the passage, or from what room any person came from.
Mr. Totten's name is L. M. Totten; do not know whether he left before me or not; I live about six miles from town.
Mr. Totten did not leave his desk during the meeting; do not believe there exist any vigilance committees or anything lese; have no reason to believe any person of the opposite party, either colored or white, has been illegally whipped; I have been retained in two cases where colored men are reported to have been illegally whipped; one was examined by Mr. Stephens, and sent on, and the other by Judge Tourgee. I do not believe there has been any illegal whipping. I know of no murder in Caswell except Stephens'; I heard of one instance of a colored man near Prospect Hill, and Mrs. Stephens' in her son's house.
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1850 United States Federal Census
Name: Elijah B Withers
Age: 13
Estimated Birth Year: abt 1837
Birth Place: Caswell
Gender: Male
Home in 1850 (City,County,State): Caswell, North Carolina
Household Members: Name Age
Elijah K Withers 46
Nancy B Withers 46
Susan Withers 22
William M Withers 20
Jane Withers 18
Catherine Withers 15
Elijah B Withers 13
Nancy B Withers 10
Cornelia A Withers 7
David L Withers 2
1860 US Census
Name: E B Withers [lawyer]
Age in 1860: 22
Birth Year: abt 1838
Birthplace: North Carolina
Home in 1860: Not Stated, Caswell, North Carolina
Gender: Male
Post Office: Independence
Household Members: Name Age
E K Withers 56
N B Withers 56
C E Withers 23
E B Withers 22
N B L Withers 17
C A Withers 16
D L Withers 12
U.S. Civil War Soldier Records and Profiles
Name: Elijah Benton Withers
Residence: Caswell County, North Carolina
Occupation: Lawyer
Age at enlistment: 23
Enlistment Date: 29 Apr 1861
Rank at enlistment: Private
Enlistment Place: Caswell County, NC
State Served: North Carolina
Survived the War?: Yes
Service Record: Enlisted in Company A, North Carolina 13th Infantry Regiment on 29 Apr 1861.
Promoted to Full Captain on 26 Apr 1862.
Promoted to Full Major on 13 Jun 1863.
Promoted to Full Lt Col on 19 Oct 1864.
Mustered out on 09 Apr 1865 at Appomattox Court House, VA.
Birth Date: abt 1838
Sources: North Carolina Troops 1861-65, A Roster
Southern Historical Society Papers: Appomattox Paroles ANV
The 1870 US Census (Caswell County, North Carolina) shows an Elijah Withers (age 32 and occupation lawyer) living in the Robert Watt household. Watt also was a lawyer and there is a record of the Yanceyville law firm of Watt & Withers. Mrs. Watt (age 47) apparantly is Nannie or Mammie. And there was what apparently was a Watt daughter, Ellen, age 19.
1870 United States Federal Census
Name: Robert Watt
Estimated Birth Year: abt 1813
Age in 1870: 57
Birthplace: North Carolina
Home in 1870: Yanceyville, Caswell, North Carolina
Race: White
Gender: Male
Post Office: Yanceyville
Household Members: Name Age
Robert Watt 57
Wannie Watt 47
Ella Watt 19
Elijah Withers 32
1870 US Census
Name: Elizah Withers
Estimated birth year: abt 1838
Age in 1870: 32
Birthplace: North Carolina
Home in 1870: Yanceyville, Caswell, North Carolina
Race: White
Gender: Male
Post Office: Yanceyville
1880 United States Federal Census
Name: Elijah B. Withen [Elijah B. Withers]
Age: 41
Birth Year: abt 1839
Birthplace: North Carolina
Home in 1880: Danville, Pittsylvania, Virginia
Race: White
Gender: Male
Relation to Head of House: Self (Head)
Marital Status: Married
Spouse's Name: Lemma Withen
Neighbors: View others on page
Occupation: Lawyer
Household Members: Name Age
Elijah B. Withen 41
Lemma Withen 31
David P. Withen 1
Eugene P. Withen 13
Eliza F. Price 53
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: County/Shire
: State/Province
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