The Mankato free press., 1923-06-29
SHARP TILTS MARK
LASH BOSS TRIAL
Clashes Between Attorneys
Continue Today
HALTED BY JUDGE
Whipping Tabert Has Been
Admitted BY Higginbotham
Counsel
ASSOCIATED Press Dispatch. !


Lake City. Fla. June 2S.-Sharp
personal clashes between States
attorney James r. Kelly and Leoni
das e. Wade, chief counsel for the
defense came during the early pro-
ceedings here. today, in the trial OF
Thomas w. Higginbotham, convicl
whipping boss charged with the
muroer of Martin Tabert Of North
Dakota
The clash became heated as the
states attorney arose in objection
to a question asked Graham Waru.
cross examination. MI Kelly charg-
ed the defense with "stabbing me
in the back, his questioning of the
witness is an insult to me and l ask
the court for protection that / may
do my duty without being insulted.'
The question to which objection
was raised was whether Ward diu
not expect to receive $4,000 from
the state to testify in the case.
Judge Haits Argument
Judge NJ. A. McMullen halted the
argument and ordered the examina-
tion to proceed but the tilt was re-
sumed when the defense charged
that it was going to show that the
witness was prompted to testify be-
cause of propaganda sent down
mere from North Dakota" showing
a huge -stush fund was in the
hands of G. Crimson, assistant at
torney general of North Dakota.
The defense further contendeo
that outside influence was taking
an active part in the case. That Mr..
Crimson himself was active in
coaching, writing, sending tele-
grams and riding witnesses around
from town TO town"
Objected To Charges
Counsel for the state objected to
the charges, terming them a de
cided personal reflection on each OF
the states attorneys.
Commenting on the assertions by
Higgin botham's counsel, the court
held that unless something could be
shown to the contrary. Il think 1t is
commendable on the part OF North
Dakota to investigate the death OIL
one of it's citizens"
so far as Mr. Crimson is con-
cerned, he is taking no active part
in the case" said Stafford Caldwell,
assistant states attorney. He is
here representing the sovereign
state of North Dakota and chal.
lenge the defense to produce any
thing improper in his conduct or
derogatory TO his character"
Admit Lashing Of Tabert
Lake City, Fla, June 28.-Efforts
by the state to show that "exces-
sive" f1ogging given Martin Tabert,
young North Dakotan, by Thomas
W. Higginbotham was directly re
sponsible for Tabert's death, were
vigorously fought. today, when the
trial Of the former convict whipping
,oss of the Putnam Lumber compa
ny was resumed. Higginbotham is
under indictment for murder in
connection with Taberts' death.
The defense made no effort to de-
ny that Tabert was whipped by
Higginbotham but will attempt to
show that the prisoner was whipped
accordance with prison regula-
tions which specify punishment by
ten lashes. The contention of the
defense is that Tabert's death was
caused primarily by pneumonia.
Witnesses already have testified
that he was given from fifty six to
eighty seven lashes by Higgin both
am.
Further examination of states
witnesses occupied the third day of
the trial of Walter Higginbotham
on a charge of first degree murder
here today. Testimony got under
way yesterday, and Immediately
clashes between counsel for state
and defense featured the examina
ton.