The north Mississippi herald. (Water Valley, Yalobusha Co., Miss.) 1888-1929, 1923-07-13
WHIPPING BOSS"
OF LUMBER CAMP
GIVEN 20 YEARS
Thos. Walter Higginbotham
Found Guilty of Second De-
gree Murder.-Tried For
Death of Robert Tabert.

Lake City, Fla, July Thomas
Walter Higginbotham was late to-
day found guilty of murder of Mar
tin Tabert, of North Dakota, In the
second degree, by jury here. The
verdict carries sentence of twenty
years. The jury was cut one hour
and twenty minutes
Higginbotham was sentenced to
20 years imprisonment. He was re-
leased on $4,000 bond pending hear
ing of appeal.
There was no demonstration of the
courtroom when the verdict was re-
ported. Attorneys for the defendant
Immediately made. motion for
new trial
The former convict whipping boss
was accused of having caused the
death of Tabert as the result of a
beating administered while the
North Dakotan was serving q term
in the Putnam Lumber Company con-
vict leased camp.
Overturned Leasing System
The death Of Tabert resulted in an
investigation Of the whole convict
leasing system and its abolishment
by the Florida legislature. That
body also prohibited corporal pun
ishment. Before the Florida legis-
lature convened, the senate of North
nakota adopted a memorial asking
the Florida Lawmakers TO investi-
gate the death Of Tabert.
Higginbotham went on trial here
13 days ago, the state charging him
with having whipped Tabert so set
verely that it brought about tran
matte pneumonia, which resulted in
death four days after the whipping
Claimed within the Law"
The defense admitted the whip
ping, but contended it was within
the law" basing this on testimony
adduced from witness that only
from eight to ten lashes were struck.
The Florida convict camp regulations
at that time permitted administering
as many as ten lashes. The defense
ontended that Tabert died from lober
pneumonia, using the Putnam Lum-
Der camp physician DR.. T. Capers
Jones, as a witness. He testified
there were no signs of traumatism
on the body where he examined
Tabert Six expert witnesses corro-
borated them.
Whipped As a Convict
Tabert was whipped while serving
as a convict on the lumber company's
camp, January 27, 1922. The defense
claimed he died on February 2 G.
Garimson, assistant encouragement
of North Dakota, investigated the
death, spending several weeks in
Florida On his return to North Da-
kota he submitted his findings to
the North Dakota legislature, then
in session, and which approved
resolution calling upon tn estate Of
Florida to investigate the arrest. con-
viction and death of Tabert.
The Florida legislature aided by
the request, appointed a joint COM
mittee and a thorough investigation
followed. Testimony adduced from
scores of witnesses resulted in dis
missal from office of Sheriff ]. r.
Jones, and County Judge B. F. VIII
lis, of Leon county, who arrested
an sentenced Tabert. Tabert was
arrested for riding freight train
through Tallahassee and sentenced to
three months.
Jones Admitted Coatraet
Sheriff Jones admitted that he
had entered into personal agree
ment with the Putnam Lumber Com
pany to supply prisoners to the COM
pany at $40 each. after the company
had contracted with Leon county TO
lease its prisoners. Many witnesses
attacked the sobriety of Judge VIII
lis.
Will Sue Lumber Comapny
G. Crimson, assistant attorney gen.
eral of North Dakota, and Otto Tab
ert, brother of Martin Tabert, left
here tonight for their homes in North
Dakota.
Mr.. Crimson was silent as to when
the suit against the Putnam Lumber
Compan ywould be filed. He declared
| it was the intention of the Taberts to
file suit for from 10000 TO $780,
900 and that it would be filed in a
Wisconsin court. The Putnam Lam-