Greenbrier County, West Virginia Biography of JUDGE JOSEPH MARCELLUS M'WHORTER. This biography was submitted by Sandy Spradling, E-mail address: This file may be freely copied by individuals and non-profit organizations for their private use. All other rights reserved. Any other use, including publication, storage in a retrieval system, or transmission by electronic, mechanical, or other means requires the written approval of the file's author. This file is part of the WVGenWeb Archives. If you arrived here inside a frame or from a link from somewhere else, our front door is at http://www.usgwarchives.net/wv/wvfiles.htm History of Greenbrier County J. R. Cole Lewisburg, WV 1917 p. 110-112 JUDGE JOSEPH MARCELLUS M'WHORTER. Joseph Marcellus McWhorter was born April 30, 1828, at what was then known as McWhorter's Mills (Virginia), near what is now Janelew, Lewis county, West Virginia. He was the eldest son of Fields and Margaret Kester McWhorter, and brother of Henry C. McWhorter, late judge of the Supreme Court of Appeals of West Virginia. His father was a man of very moderate means, and, being the eldest son, a great deal of the care and responsibility of the large family rested on him. He was energetic and ambitious and received such training as was then offered in the public schools and added to it by untiring and persistent reading and studying until he acquired a good education in the English branches of learning. He also taught school a number of terms during the winter months, when his services could he spared from the farm. Judge McWhorter was always greatly interested in public affairs. In politics he was, before the Civil War, a Whig. and later a staunch Republican. In 1856, when Roane county was organized, he was appointed county clerk of that county, also acting as circuit clerk, and was later twice elected to the same office. On the formation of West Virginia, he was elected a member of the first legislature from Roane county. After the adjournment of the legislature, the Governor appointed him superintendent of the penitentiary. Jn 1864 he was nominated by the Republican party and elected State auditor, and was again elected to the same office in 1866. He was elected secretary of the West Virginia Insurance Company in 1869 and served until 1870, when Governor Stevenson appointed him judge of the Seventh judicial circuit. to fill the vacancy caused by the resignation of Judge Nathaniel Harrison. The circuit was composed of Greenbrier, Monroe, Pocahontas and Nicholas counties, and Judge McWhorter moved from Wheeling to Lewisburg, where he resided until his death. His term as judge expired December 31, 1872, and the following summer he was appointed superintendent of public schools for Greenbrier county, and did much to elevate the standard of education in the county. After his retirement from the bench he practiced his profession in Greenbrier and adjoining counties, meriting the respect and admiration of all. He was elected mayor of Lewisburg in 1887, and also served four years as postmaster at Lewisburg. In 1892 he was nominated by his party for judge of the Supreme Court of Appeals, but, with the rest of the ticket, went down to defeat. He was elected, in 1896, as judge of the judicial circuit of which Greenbrier was part, and filled out the full term of eight years, his decisions being marked by equity, justice and impartiality. From 1905 until the day of his death he was actively engaged in the practice of law. He was twice married. His first wife was Julia A. Stalnaker, of Harrison county, who died August 26, 1869. To them were born ten children: Allessandro G., of Charleston; Artemas W., of Norfolk, Va.; Louis E., practicing law at Charleston; Virgil S., died in infancy; William B. of Hinton; Buell M., died in infancy; Mrs. Margaret E. Lewis, of Charleston; Joseph C., of St. Louis, Mo.; Walter W., died in infancy; and Deccie J., wife of C. L. Carr, of Lewisburg. On October 26, 1870, he married Julia A. Kinsley, daughter of Rev. Hiram and Elsie L. Kinsley, of Geneva, Ohio, and to them four children were born: Emma L., wife of R. B. Holt, of Lewisburg; Jennie P., deceased, married J. Scott McWhorter, of Lewisburg; Kinsley F., died in infancy, and Charles N., of Charleston. Judge McWhorter died on August 18, 1913, at the ripe age of eighty-five, beloved by all who knew him. His reputation as a Christian gentleman was enviable. He was a member of the Methodist Episcopal church, South, and had religious convictions deep and abiding. As an honest, consistent Christian, he walked uprightly, lived at peace with all men, and died at peace with God. His wife, a most estimable and lovable woman, preceded him to the grave by less than two months. she having died June 24, 1913.