He was born in Manning, South Carolina, United States of America, the eldest of five children of Morris and Rae Levy Ness, on February 27, 1916. His family moved to Denmark, South Carolina, when he was a young boy, and his mother and father lived there until their deaths.
Ness graduated from Denmark High School, then the University of South Carolina. He graduated from academic school in 1938 and law school in 1940. He first attended flight school, but did not complete the training.
Upon graduation from law school, he moved to Bamberg, South Carolina, where he lived until his death in 1991. Ness initially practiced with the late Senator J. Carl Kearse, at a salary of United States$30 per month. In 1941, Ness enlisted in the United States Armed Forces.
Upon leaving flight school Ness, with lifelong-friend, West. East. "Pete" Brooker, joined the United States Army, where Ness earned the rank of Captain, in the 349th Infantry of the 88th Division.
He was critically and permanently injured in 1944 while serving in the snow-covered mountains of Italy. Against orders his friend Pete went back onto the battlefield, and found and rescued Ness.
When the surgeon inspected his wounds, Ness was told his leg would have to be amputated. At the prospect of losing his leg, Ness drew his Colt, Model 1911 or M1911.45 caliber, semi-automatic sidearm and threatened that if he woke up without his leg, he would kill the doctor that took lieutenant
The doctors did not attempt the amputation, and after many months of recuperation, Ness went home to Bamberg.
Ness went back to work with Senator Kearse, and the firm later became known as Kearse and Ness. Ness married Katherine Rhoad in January, 1946. He was heavily involved in Bamberg County community activities, and in 1954, he was elected to represent the Second Judicial Circuit, on the South Carolina Highway Commission.
He stayed on the commission, and acted as Chairman in 1956.
That same year, when Senator Kearse retired from the South Carolina Senate, Ness was elected, in an unopposed election, and he served until 1958. In 1958 Ness went on the bench as the Resident Circuit Judge for the Second Judicial Circuit.
Ness was elected as an associate justice of the South Carolina Supreme Court and sworn in on December 5, 1974. Ness was elected to be the Chief Justice of the South Carolina Supreme Court in June 1985, was sworn in on June 18, 1985, and retired in February 1988 upon reaching the mandatory retirement age of 72.
Member South Carolina. Highway Commission, 1954-1956, chairman, 1956. Served to captain United States Army, 1941-1945.
Member South Carolina. Bar, American Bar Association.
Married Katherine Rhoad, January 25, 1946. Children: Gail Ness Richardson, Richard B.
