Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-05-29
H|GG|NBOTHAM TRIAL
FOR Fatal. FLOGGINC
WILL START JUNE 4

- II
Of Thomas Walter Higginbotham'
convict whipping boss, will probably
be held in the circuit court Of the
Third judicial circuit on June a, 1t
was announced here today by court
officials.
Judge A. G.. Campbell. who yes
terday sustained a motion by the
state for change in venue from
Dixie county in the Higginbotham
case, and other court officials left
here today for their homes. Judge
Campbell will Immediately make a
report to Governor Hardee and his
present connection with the case
will be terminated.
1t Is also probable Judge Camp
bell, who presides in the First jul
dicial circuit, will be reassigned by
the governor to preside at HigSln-
botham's trial at Lake City. Judge
Mallory F. Horne was disqualified
last week on an affidavit by the de-
PENDANT that he was prejudlced
against the defense.
Before adjourning court here
Judge Campbell had the list Of
state witnesses called in the Hig-
ginbotham case. Thirty-eight
men and women answered to their
names, and it was stated that six
negroes, former convicts held at
the Putnam Lumber company's
camp, were under the protecting
wing Of Sheriff Lipscomb, of Taylor
county. These negroes were said
to have appealed to the governor
for protection, and they were turned
over to the Taylor county authori-
ties to await orders from him to
come here. All of the witnesses
were directed to be in Lake City
when the case is called there.
HigginbOtham Worried
The strain is beginning to tell on
IIigginbotham, who is charged with
having administered whipping to
Martin Tabert, North Dakota
youth, while he was serving in the
convict camp of the Putnam Lum-
Der company near here, which re-
suited in his death. The two days
he was in court this week he carried
g. worried look. He had lost the
air of unconcern that characterized
him {. month ago before the legis-
lative investigating committee sit
ting in Tallahassee. Even a week
ago he displayed confidence as he
busted himself about this town con-
ferrlng with his attorneys and
hunting up witnesses and affidavit
signers.
Higginbotham's wife, who sat
with him throughout the two long
sessions of court yesterday, showed
in her face that she, too, was wor-
ried over the plight her husband
was in. She is a sweet-faced slip of
girl in her early twenties.
Dixie county lost $500, member
Of the grand jury was threatened
with a ninety-day Jail sentence ana
all indictments returned were quash-
ed today just before the grand jury
was dismissed by Judge Campbell.
1t became known to the court that
r. j. Fuquay, q grand juror, had
been sentenced to prison term or
to pay a fine after being convicted
for larceny. He paid the fine.
When called for jury service and
by the court last week
as to whether he had ever been con-
victed of crime that would make
him ineligible for jury service he
in the negative under the
belief, he said, that the court had
reference to serving a prison SEN
tence.
Former Judge Indicted
w. H. Mathews, former county
Judge and now justice of the peace,
was indicted Thursday by the grand
jury for first degree murder in con-
nection with the death of Jim
Powell, a negro, two years ago. 1t
was brought out that Mathews was
aiding the state in gathering afti-
dayits in the Higginbotham case and
as the result the death of Powell
was called to the attention of this
grand jury. The case had been in
Vestigated several times before, it
was said, and no true bill returned.
Mathews attorney filed a plea OF
abatement before Judge Campbell to-
day on the grounds that Fuquay
was ineligible to serve on the grand
Jury because of this larceny con-
viction. Judge Campbell severely
lectured the grand juror, stating
that for his ignorance of the law he
would have given him 9O-day Jail
sentence. All indictments returned
were quashed by the court.
Mathews was ordered placed un-
der bond of $4,000. Another defend
ant indicted on a bigamy charge was
ordered to Jail in default of bond
until the next meeting of the grand
Jury. He is alleged to have had only