The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-06-29

Lake City, Fla, June 90
Bulletin-Dr. E. +. Brown tes-
titled in his opinion seventy
five blows of lash as described
would be sufficient to product
death.
Lake City, Fla, June 29.-With
night sessions in sight the prosecu
tion in the trial of Walter Higgin-
botham, charged with the murder of
Martin Tabert Of North Dakota in q
private convict camp, today expected
to close it's case.
The state continued presentation
of evidence in the trial.
The state charges that Taberts
&eath was the result of excess whip
ping by Higginbotham, "the convict
whipping boss" where the youth was
serving three months sentence for
stealing n ride on train.
The state announced last night that
it probably would complete its case
today.
! John w. Tyson, a prisoner, recent
'ly released was the first witness. He
testified that he saw the whipping of
Tabert and counted 81 lashes.
On cross examination Tyson said
that Higginbotham applied the lash,
seven and one-half pound lash,
while standing on Tabert.
He declared that he and several of
the guards weighed the strap before
the whipping.
Tyson was not a prisoner at the
time of the whipping it was brought
out, but recently served term and
was brought here under writ of
habeas corpus by the state to testify.
Charges by the defense that a
j"slush fund" had been raised in
North Dakota to prosecute Thomas
Walter Higginbotham, convict whip
ping boss, and to pay expenses of
G. Crimson, assistant attorney gen.
eral Of North Dakota, to come to
Florida to spread propaganda" and
coach witnesses, which was charac-
terized by the state as play to
prejudice the jury features yester-
day's session of the Higginbotham
trial.
Counsel for both sides continued
to clash. The state took exception to
accusations made by the efense that
Graham Ward, q state witness, claim
ed he had been offered $4,000 by the
state to testify. Ward denied such
an offer had been made and also en-
tered denial that he had made a
Statement to that effect.
The tilt, which lasted throughout
the morning session, came after the
state rendered the witness to the de-
fense for cross examination, after
he has testified he saw Higginbotham
whip a prisoner, whom he presumed
toSbe Tabert, giving him as many as
81 licks before he quit counting.
Grants "No Quarter"
Leonidas E. Wade, leading counsel
for the defense, declared he granted
no quarter" in cross examining a
witness and the estate must take the
consequences for rendering this wit
ness to the defense"
Stafford Caldwill, assistant states
attorney, said he welcomed "dyna-
mite" as Mr.. Wade claimed himself
to be, but when the defense attorney
proceeded with the examination and
asked the witness question relative
to the $4,000 bribe, State Attorney
James r. Kelly resented the charge
that he had taken part in a plot to
bribe a witness. Mr.. Kelly, termed
the defense counsel's tactics as ian
effort to stab my back" and appealed
to the court.
Mr.. Wade declared he intended ia
show "slush fund" had been raised
in North Dakota for the purpose OF
taking care of witnesses and that Mr.
Crimson was not taking an active
part in this trial but was remaining
in the background to spread propa-
ganda. This, Mr.. Wade added, twas
not done down here but probably was
! method in North Dakota where
understand l. w. WIS dominate"
Controlled by l. w. w.
The court ordered the trial to pro-
cced, but Mr.. Caldwell declared, 81
object and take exception to the in.
~sinuations and slurs directed at Mr.
Crimson. He is duly accredited
attorney at law and states attorney
of Cavalier county, assistant attorney
general Of North Dakota and the ac-
credited representative Of sover-
eign commonwealth. If the defense
counsel would show that this witness
or any other had received as much
as dime, or been promised any
amount, or had any Improper in
ducement hald out to them to testify
of could show any improper conduc
by Mr.. Crimson or any one for th'
state, we would welcome the proc
and challenge counsel to produce it;
that pending such showing Mr.. Grim
son should be protected from slur'
and insinuations."
4 In North Carolina thers are jus
twHAgrounds for divorce, infidelit
and 10 wears abandonment If ther