The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-06-28
P NE j MONA
DEATH CAUSE
DEFENSE SAYS
Try to Show Martin Tabert
Did Not Die as a Result of
Lashing in Camp
WHIPPING LAWFUL?
defense Holds He Got Requis-
ite Number of Lashes;
State Witnesses Differ
WHIPPING LAWFUL? ?
ASSAIL PROSECUTION

oldlC vV1luCSSCS DlHSl
ASSAIL. PROSECUTION
Lake City, Fla, June 2S.-De-
fense offers circulars "distribut-
cd by Crimson" argument over
admissibility. Wade said "Grim-
son stays in background to
spread propaganda to aid civil
action fer damages" said such
tactics might be admissible in
North Dakota where |. w. WIS
dominate. Court rules pamph-
let admissible.
Lake City, Fla, June 28.-Efforts
by the state to show that "exces-
iye" flogging given Martin Tabert,
young North Dakotan, by Thomas
w. Higginbotham, was directly re-
sponsible for Tabert's death was
vigorously fought today when the
trial of. the former whipping boss
of the Putnam Lumber Company
was resumed.
Higginbotham is under indictment
For murder in connection with Ia
bert's death.
The defense made no effort to
deny that Tabert was whipped by
Higginbotham but will attempt to
show that the prisoner was whip
ped in accordance with prison regu-
ations which specifies ten lashes.
The contention of the defense is
that Tabert's death was caused pri-
marily by pneumonia.
Witnesses have already testified
that he was given Sc to 81 lashes by
Higginbotham.
Charge Witness School
Charges that the state conducted
IA school for instructing it's witness
es under ''thc manipulations" of G.
Crimson, assistant attorney general
of North Dakota, were made by the
defense.
The defense alleged that funds
"sent down here from North Dako-
ia" were being generously distribr+-
ed among the states witnesses and
also charged that Mr.. Crimson free
ly distributed pamphlets among the
witnesses as to his findings, as the
result Of an investigation conducted
by him into the death of rabert.
Lengthy arguments by the defense
to have certain testimony stricken
from the record brought about the
charges of schooling the states wit
nesses.. No action was taken by
Judge M. A. McMullin, presiding.
Whipping Described
A. B. Shivers, of Doerun, Georgia,
another former convict guard, said
he was in charge of squad of con-
victs in which Tabert was a member
and gave dramatic account of the
whipping he said Higginbotham gave
thA Dakota lad.
The witness said he saw Tabert
whipped on the night of January 27,
1922. He got out of the witness
chair and showed how Higginbotham
treated" the strap by rubbing the
end in water and sand. More than
20 licks were given the youth, he
said, on the first whipping. Accord
ing to the witness, Tabert staggered
to his feet and back into line. Later
he asked Higginbo otham for permis-
, sion to recover bottle of medicine
lost during the whipping. As Ia
Z bert staggered to where the bottle
was lying, Shivers said, Higginboth-
am struck him again, made him lie
down on his stomach and the lash
was again applied while Higginboth-
am held the lad down by placing his
foot on his head.
States Attorneys Clash.
Sharp personal clashes between
States Attorney James r. Kelly and
Leonidas Wade, chief counsel for the
defense, came during the early pro-
ceedings here today in the trial Of
Thos. W. Higginbotham, convict
whipping boss charged with the mur-
der Of Martin Tabert.
The clash became heated as the
.state's attorney arose in objection to
" question asked of Graham Ward, a
state witness, by Mr.. Wade during
cross examination.
Mr.. Kelley charged the defense
"with stabbing me in the back. His
questioning Of the witness was an in
3sult to me, and asked the court for
protectio nthat I may Go my duty
without being insulted."
The question to which objection
was taken was whether Ward did
not expect to receive $4,000 from the
state to testify in the state.
Judge Hats Argument.
Judge McMullen halted the argu-
ment and ordered the examination to
proceed but the tilt was resumed
when the defense charged that it was
going to show that the witness was
prompted to testify because Of prop
ncanda ".sent down here from North
Dakota" showing q "laree slush
fund" was in the hands Of Crimson.
"~eis+ant attorney general, Of North
Dakota.
>rhe' defense further contended
"tNat outside influence was taking an
active part in the case. that Ne,
Crimson himself was active in coach
ing, writing, sending telegram, and
(Continusd on Page 81