The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-03
BOSS DEFENDS
WHIPPING;;WAS
DUTY, HE. SAYS
HigginbOtham Assumes Stand
in Martin Tabert Murder
Trial in Florida
USED EIGHT LASHES
Claims That He Only Struck
North Dakota Youth the
Legal Amount of Blows


Higginbotham, former convict whip
ping boss of the Putnam Lumber
Company, told the jury here today
that ut was my duty to whip Tab
crt."
He said he gave Tabert eight
lashcs. The State contends Martin
Tabert of North Dakota died from
excessive whipping by Higginbothan,
State witnesses testified so to 119
! lashes were applied.
Under the urge of Judge Mcmillan
every effort was to be made by coun-
sci in the trial to speed up proceed:
ings in order that the case may be
completed this week.
Higginbotham yesterday heard wit
nesses in his behalf tell the court
and jury that the number of blows
said to have been gwen the dead
| man were between eight and ten
State witnesses testified last week
| that between Is and more than 1OC
lashes had been struck. Other de-
fense witnesses, including Mrs. Hig'
ginbotham, wife of the whipping
boss, testified that Tabcrt's body
was not lascerated or disfigured as
u result of the whipping.
Higginbotham gave IN detail his
, duties as whipping boss or deputy
warden in a prison camp. He gave
his age as 35 and claimed he weighed
| 1873. In reply to questions by Roy
Chapman Of defense counsel he said
! he was native Of Florida and had
served in France for more than a
year as member of the A. E. F.
The witness said he. had whipped
Tabcrt because he was reported to
me for not working" He said Tabert
had been reported three times. He
did not whip him the first or second
time, he said, because he himself was
not feeling we'll, that the convicta
had been working in the rain all day
their clothing was wet and he did not
thing it was right.
When Tabert was reported the
third time Higginbotham testified he
had called him out. "Tabert got
down on the ground and applied the
strap"
"How many licks did your give
him ?" he was asked.
Eight licks," was the reply.
"After you finished what did you
do?"
T told him to get up and he went
back into the convict line," said Hig-
ginbotham.
"Did you put your foot on Tabert's
head while you were whipping him p
asked Mr.. Chapman.
IL did not" replied the witness.
"What became of the strap wher
you finished whipping Tabert?"
II threw it on the ground" was the
answer.
Higginbotham said he had about
30 convicts under him.
Duty to Whip Him.
ut was my duty to whip Tabert
II had no grudge or hard feeling
against him." Higginbotham said.
The defendant said he had helped
weigh the strap used by him on sew
eral occasions in compliance with
prison regulations and one pound and
one ounce registered on the scales.
The witness said Tabert was able
to go to work the next day and on
the morning after he was in the
prisoners dining room eating break.
fast. The whipping took place Fri
day.
Sunday morning Tabert complain
ed to me he was SICK" said Hlggin.
bOtham. II told him to 60 to bed
and sent for DR.. Capers Jones. DR.
Jones was not in town that day"
He described the attention giver
Tabert, saying men were detailed tt
wait on him and medical attention
was given. Tabert died "Wednesday
night, Higginbotham said.
State witnesses had testified Ia
bert died Tuesday night.
j Court recessed for short psriod
to allow defense short time to tall
to So witnesses who had just arrived
and who will be- used as character
witnesses. The defense later an
nounced it had summoned so addi
ti0nal character witnesses,