Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-07-07
PNEUMONIA KILLED
TAbERT, DECLARES
DR.. CAPERS JONES

Ut. UAr[n0 JUV[0
LAKE CITY, Fla, July 5.-Dr. T.
Capers Jones, camp physician for the
Putnam Lumber company and who,
the defense has claimed, was the only
man who knew the real cause of the
death of Martain Tabert, of North
Dakota, took the stand Wednesday
in the trial of Thomas w. Higgin-
botham, charged with the murder of
Tabert.
After testifying that he was a grad
uate Of the Memphis medical college
and the university Of Tennessee and
later took a post graduate course at
Leland. Stanford university, the wit
ness said that he at once time prac'
ticed his profession in Mexico. He
was forced to flee the country with
his family, he said in an open boat
and they were picked up by United
States gunboat.
DR.. Jones said he had treated Mar
tin Tabert once before he was strick-
en- with pneumonia and a described
the treatments he had given. He
said he had ordered that the DokatOn
be given light work.
The physician said he saw Tabert
about three weeks later, when he
was lying on a cot complaining or
pains. He went into details of the
examination which caused him to
pronounce this illness as pneumonia.
He said he examined the patients
body thoroughly at the time and
found no bruises, decorations or dis
colorations.
did you talk to the patient on
this visit?" he was asked by w. y.
Davis, of Perry, Fla, a member Of
defense counsel.
II did, the witness replied "He
made no complaint to me other than
to point out what he believed to be
the trouble
Pneumonia Caused Death
= DR.. Jones explained to the jury
how a patient is examined for pneu-
mon;a. He said he gave Tabert "caf-
fem and strychnine" and also a laxa-
tive. He saw the patient the follow
ing day, he said, and found his phys
fcal condition about as on Monday.
He gave him hot nourishment and
prescribed the usual pneumonia
treatment. He said Tabert was con-
scious, but on the next day he found
the patient unconscious and describ-
ed his condition as being grave. A
young white convict by the name of
Ward, he said, was nursing Tabert.
On Wednesday, DR.. Jones declared,
Tabert's condition was so grave there
Wednesday night.
Il ask you to state what was the
cause Of Tabert DEATH" said At
torney Davis
"Croupous or lubar pneumonia"
was the reply.
Did he have traumatic pneu-
mohia?" was asked:
He did not" said DR.. Jones and
in reply to another question said
there was no sign on the body to in.
nlcate traumat.sm.
The witness declared there was an
epidemic of flu and pneumonia in
cara, near where the camp was To-
Gated lat the time of Tabc-t's death.
He said one patient had died
Was Treating Ward
State whether or not you were
treating Il party named Graham
ward Tor the flu at that time?' ask
ed MIR. Davis, and he replied he was.
Graham Ward was a state wit
ness who declared he witnessed the
whipping OF Tabert.
Cross examination of DR.. Jones
was taken Up by assistant states
attorney Caldwell.
Did you make out a death certif-
icate for the death of Tabert?" was
the first question.
:. Yes" replied DR.. Jones. "I made
IL out TO read pneumonia as the pr1-
mary cause, and a malaria compli-
cation Pa
Was this the truth concerning his
condition. he was asked.
1T was" said the physician.
=, DID you report Taberts death to
the state board of health?"
Il did, through the death certifi-
WAS Tabert's case an abnormal
or normal case of penumonia?" ask
ed Mr.. Caldwell
Normal" said the witness.
Did Tabert have malaria?" he
was asked, and replied no
hen the statement in the certifi.
cate was untrue?" asked Mr., Cald.
we'll.
1T would have been true. if ex:
animation had been made for ma.
laria," said DR.. Jones.
Attorneys Warned
Judge McMullen sounded a warn.
ing to counsel for state and de.
Gense today that the next clash be.
tween them in the courtroom would
be dealt with by him.
The courts remarks were an aft.
ermath of the near fights which
took place in the courtroom late
yesterday between James Kelley
states attorney, and Leonidas Wade,
chief counsel for the defense. over
the questioning of witnesses.
Attorneys for the defense also
brought to the attention of the court
the fact that Higginbotham's life
was being threatened almost daily
plead guilty and be executed, for
if you are not convicted you won't
leave the courtroom alive" counsel
said was among the warnings re.
ceived.
Alleged tampering with witnesses
had been brought to his attention,
Judge McMullen declared, and
asked counsel for any proof of such
actions.
Judge McMullen said he, too, had
received many anonymous letters,