Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-07-10
FLORIDA LASH BOSS
FOUND GUILTY AND
IS GIVEN 70 YEARS
Jury Is Out One Hour and
Twenty Minutes in DELHI
erating-TriaI Consumed
Thirteen Days

as Walter Higginbotham was late
Saturday found guilty of murder of
Martin Tabert, of North Dakota, in
the second degree, by a jury here
The. verdict carries a sentence Of
twenty years. The jury was out
one hour and twenty minutes.
Higginbotham was sentenced to
twenty years imprisonment. He was
released on $4,000 bond pending
hearing of appeal.
There was no demonstration in the
courtroom when the verdict was re-
ported. Attorneys for the defendant
Immediately made motion for a
new trial.
Higginbotham was in court when
the jury announced its decision.
The former convict whipping boss
was accused of having caused the
death Of Tabert as the result of a
beating administered while the North
Dakotan was serving a term in the
Putnam Lumber company convict
leased camp. The trial consumed
thirteen days.
The death Of Tabert finally re-
suited in an investigation of the
whole convict leasing system and it's
adjustment by the Florida legisla.
ture. That body also prohibited
corporal punishment. Before the
Florida legislature convened, the
senate of North Dakota adopted
memorial asking the Florida law
makers to investigate the death Of
Tabert.
The state charged that Tabert
died as the result of a whipping adj
ministered by Higginbotham while
the North Dakotan was serving a
sentence in the convict leased camp
of the Putnam Lumber company
where the latter was employed as a
whipping boss. ~.
Higginbotham declared that he
administered only the regulation
number Of lashes, ten, to Tabert,
which had nothing to do with his
death. or
Thirteen-Day Trial
Higginbotham went on trial here
thirteen days ago, the state charg-
ing him with having whipped Tab
ert so -,verely that it brought
about traumatic pneumonia, which
resulted in death four days after
the whipping.
The defense admitted the whip
ping, but contended it was within
the law" basing this on testimony
adduced from witnesses that only
from eight to ten lashes were
struck. The Florida convict camp
regulations at that time permitted
administering as many as ten
lashes.
The defense contended Tabert
died from lobar pneumonia, using
the Putnam Lumber company's
camp physician, DR.. T. Capers
Jones, as a witness. He testified
there were no signs Of traumatism
on the body when he examined
Tabert. Six expert witnesses cor
roborated DR.. Jones.
The case was bitterly fought,
with four attorneys representing
the state I'd six for the defendant.
Charges were made by defense
counsel that one of the states wit
nesses had been offered a bride to
testify. This caused States Attor-
ney James r. Kelley to declare he
had been insulted and later pro-
voked a near-fight between Leon.
idas Wade, chief counsel for the de-
Tense, and himself.
The defense further charged q
"slush fund.- had been raised in
North Dakota to aid in the prose-
cution and pamphlets distributed
among witnesses to prejudice them.
Tabert was whipped while serving
as convict in the lumber COM
pany's camp January 27, 1922. The
defense claimed he died on Febru-
airy 2. G. Crimson, assistant attor-
ney general of North Dakota, in
vestigated the death, spending sew
eral weeks in Florida. On his re-
turn to North Dakota he submitted
Ills W t1lS 4NOIlH 1(dhObh
legislature, then in session, and
which approved a resolution calling
upon the state of Florida to inves-
tigate the arrest conviction and
death of Tabert.
Legislative Investigation
The Florida legislature abided by
the request, appointed a joint COM
mittee and a thorough investigation
followed.
Testimony adduced from scores of
witnesses resulted in dismissal from
office Of Sheriff J. *. Jones and
County Judge B. F. Willis, of Leon
county, who arrested and sentenced
Tabert. Tabert was arrested for
riding a freight train through Tai
lahassee, and sentenced to three
months. f4
Sheriff Jones admitted he had en-
tered into a personal agreement
with the Putnam Lumber company
to supply prisoners to the company
at $40 each, after the company had
contracted with Leon county to
lease it's prisoners. Many witnesses
attacked the sobrietY of Judge Will
lis.
..-- Juror VSry III
Mr.. Chambers, one Of the jurors
who had been threatened with ap.
pendicitis during the trial, was said
to have been in a serious condition
late last night. The doctors attend.
ing him announced he had an attack
Of acute appendicitis. Early Satur-
day he was reported better, and at
his request he was allowed to hob.
BILE into the court room, an da rock
ing chair was arranged for him in
the box. Throughout the morning
session, despite the intense heat,
the juror sat gamely, yet having all
the appearance of being a very sick
man.
Prior to the defense closing its
Continued on Page 6. Column g.