Career
Born in Saint Albans, Vermont, Withey read law to enter the bar in 1843. He was in private practice in Grand Rapids, Michigan from 1843 to 1863. He was a probate judge for Kent County, Michigan from 1848 to 1852.
On March 10, 1863, Withey was nominated by President Abraham Lincoln to a new seat on the United States District Court for the Western District of Michigan created by 12 Statistics
660. He was confirmed by the United States Senate on March 11, 1863, and received his commission the same day. Withey was nominated and confirmed to the Sixth Circuit in 1869, but declined the appointment, instead remaining on the District Court until his death, in 1886, in San Diego, California.