Benjamin F. H. Witherell facts for kids

Benjamin Franklin Hawkins Witherell (born August 4, 1797 – died June 26, 1867) was an important judge in the U.S. state of Michigan. He even served as a judge on the Michigan Supreme Court in 1857.

Who Was Benjamin Witherell?

Benjamin Witherell was a key figure in Michigan's early history. He spent many years serving the public as a lawyer and a judge. He was also very interested in history, especially the history of Detroit and Michigan.

Early Life and Education

Benjamin Witherell was born in Fair Haven, Vermont. He was one of six children. His father, James Witherell, became a judge in the Michigan Territory in 1808. President Thomas Jefferson appointed his father to this role.

When the War of 1812 was about to start, Benjamin went back to Vermont with his mother in 1811. He studied on his own in Troy, New York. In 1817, he returned to Detroit. He then studied law with his father and William Woodbridge. Benjamin became a lawyer in 1819. He was even allowed to argue cases in the highest court, the Supreme Court of the United States.

A Career in Law and Politics

Throughout the 1820s and 1830s, Benjamin Witherell worked as a lawyer for the government and as a judge in local and state courts.

• In 1824, he became a local judge (Justice of the Peace).
• In 1828, he was the Recorder of the City of Detroit. This meant he kept city records and sometimes acted as a judge.
• From 1834 to 1835, he was a judge who handled wills and estates (Judge of Probate).
• From 1835 to 1839, he was the government's lawyer for Wayne County, Michigan.

He also served in the Michigan State Senate in 1840 and 1841. This is part of the state government that makes laws. He held high-ranking military roles in the local army (militia) at different times.

Serving Michigan's Courts

In 1842, Benjamin Witherell ran for mayor of Detroit but lost the election. Soon after, the state government closed down a court led by Judge Henry C. Chipman. They replaced it with a new court for several counties. Governor John S. Barry chose Witherell to be the judge of this new court. He served there until the court was closed by the Michigan Constitution of 1850.

Witherell also helped write changes to Michigan's main set of laws (the Constitution) in 1850. From 1848 to 1852, he was a member of the board that managed the University of Michigan.

In 1857, Witherell became a judge for the Circuit Court of Wayne County. He took the place of Judge Samuel T. Douglass who had left. He was re-elected twice and served until he passed away in 1867. In 1858, he also served on the Michigan Supreme Court. At that time, the Supreme Court was made up of judges from other courts. From 1862 to 1864, he was also a judge for the Recorder's Court.

Historian and Community Leader

Benjamin Witherell was known by his friends as a "Walking Historical Dictionary of Detroit." He wrote many "Historical Recollections." He was very interested in public events during the American Civil War. He started and became the first president of the Soldiers' and Sailors' Monument Association. This group worked to build a monument for soldiers and sailors.

He wrote several articles about Michigan's early history for the Detroit Free Press newspaper. He used the pen name 'Hamtramck'. From 1855 to 1867, he was the official historian for the City of Detroit. He was also the leader of the State Historical Society for many years.

Witherell owned land in several parts of Southeast Michigan. He also helped manage land for Methodist churches in downtown Detroit.

Family and Legacy

Benjamin Witherell was the uncle of U.S. Senator Thomas W. Palmer. He was married three times.

• In 1824, he married Mary A. Sprague. They had four children: Martha E., James B., Harriet C. M., and Julia A. Mary died in 1834.
• In 1837, Witherell married Delia A. Ingersoll. They had one child, Charles I. Delia died in 1847.
• He then married Cassandra S. Brady, who passed away in 1863.

Benjamin Witherell is buried in Elmwood Cemetery (Detroit) in Detroit.