Judge Withers was survived by 9 children, according to his obituary.

Published biography:
Warren Hastings Withers was born at Vincennes, Ind., July 16, 1824. His parents were William L. Withers, of the Virginian family of that name, which is prominent in the history of that state, and Christiana Snapp, daughter of Abraham Snapp, one of the pioneers of the northwest territory. His parents dying while he was a mere boy, he was thrown upon his own resources, and without wealth or influential friends, alone and unaided, commenced the battle of life. Unable to enter college, he spent three years in the printing office of the Vincennes Gazette, under the instruction and fatherly guidance of his life-time friend, R. Z. Carrington.

Subsequently, he spent some time in St. Louis, New Orleans, and other parts of the south, and, finally, in October, 1842, settled at Anderson, Ind., where he purchased a small printing office, but about the time he was to issue his paper, the printing office at Muncie was burned, and its editor was thrown out of employment, with a family to support. To him young Withers relinquished his paper, and applied himself diligently to the study of the law, and was admitted to the bar at Anderson in the spring of 1843.

He entered into partnership with the venerable John Marshall at Muncie, and was afterward associated with John M. Wallace, late judge of the Logansport circuit. Not satisfied, however, with the remuneration afforded by the law practice of that day, and having in early boyhood inbibed a taste for politics, he purchased a printing office, and, in 1846, commenced the publication of the Muncie four mil, in which he continued till the spring of 1848, when he came to Fort Wayne and succeeded the late George W. Wood as editor of the Fort Wayne Times. He edited this paper during the Taylor campaign, and afterward sold the establishment to Mr. Wood.

In September, 1859, he married Martha, eldest daughter of Capt. Henry Rudisill, one of the pioneers of Allen county. Mr. Withers was an Episcopalian, and was one of the active officers of Trinity Episcopal church. He was an ardent whig until the dissolution of that party; and on the birth of the republican party, gave it a devotion born of principle, and increased by years of reflection. But he was not an office-seeker, and in all his active life, held but two offices. The first was that of collector of internal revenue, by appointment of President Lincoln in 1861, at the time the office was created; he was thus obliged to organize and arrange a department of public business of whose workings no one knew anything until then. He held the office until July, 1869, discharging the duties in an able an conscientious manner.

In 1874, he was the republican candidate for judge of the criminal court, and was only defeated by a majority of 100, in a county where the usual democratic majority is about 3,000. The other office held by him was that of councilman for the Fifth ward of the city of Fort Wayne, to which he was elected in the spring of 1876, though the ward was democratic by a majority of over 200. In every political campaign for thirty years, he was an earnest worker on the stump. On retiring from the editorial chair, he re-entered the active practice of the law at Fort Wayne; first, as a partner of Mr. Colerick, afterward with Col. Charles Case, until the latter was elected to congress.

He then formed a partnership with Judge John Morris, which firm continued for some sixteen years, when Hon. J. L. Worden became a partner and remained in it until he was elected to the supreme court, after which the firm of Morris & Withers continued until 1874. On the death of Judge Borden in April, 1882, Mr. Withers was appointed by Governor Porter judge of the criminal court, but he had enjoyed this honor only a few months when his death occurred, November 15, 1882.

Valley of the upper Maumee River: with historical account of Allen County and the city of Fort Wayne, Indiana, Volume 2; by Brant & Fuller; pub. 1889