Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-06-30
WITNESS DESCRIBES
HOW H|CG|NBOTHAM
FLOGCED TABERT

LAKE CITY, Fla, June 27.-The
trial here Of Thomas w. Higgin-
botham, convict-whipping boss, was
featured during the early hours to-
day by moge clashes between coun-
sci for the state and for the defense.
The legal wrangle' was over the
naming of a commissioner to take
the deposition of J.. T. Hendry,
defense witness now in Atlanta.
Counsel for the defense charged
Stafford Caldwell, assistant states
attorney, with putting in On the
case" and made another motion
which was Immediately overruled
Ger continuance Of the case be-
caalaS of the absence from Atlanta
of john A. Boykin, named to take
Hendry's deposition. Mr.. Caldwell
declared that he was willing to CO.
operate with the defense in obtain
ling evidence.
Higginbotham went on trial today
on charge of murder in connection
with the death of Martin Tabert OF
North Dakota, sixteen months in
the lumber camp of the Putnam
Lumber company. Higginbotham is
charged in an Indictment with
causing the death by excessive
whippings.
Higginbotham's wife and four
year-old son were seated beside the
defendant at today's sessions of
court.
w. Padgtt, former convict guard
at the convict lease camp of the
Putnam Lumber company, where
Tabert died, was the first witness
called. The defense entered Objec-
tions to all preliminary questions
asked Padgett by Stafford Caldwell,
who conducted the direct examina-
ton
"'Please, captain, don't whip me-
Tabert pleaded with Higginbotham,'
the witness testified, when Higgin-
botham called him out of a convict
line to whip him. Tabert was made
to lay down on the ground and Hig-
ginbotham gave him seventy-hve
lashes with a leather strap"
The defense continued to object to
every question asked Padgett, and
Judge M. A. McMullen notified coun-
sci that an orderly procedure must
be followed, and progress of the
court must not be interfered with
During this whipping what did
Martin Tabert say?" Padgett was
asked.
"He asked the captain to have
mercy on him and called on the
Lord to have mercy on him." the
witness replied.
Sick After Whipping
The witness said Tabert was sick
the morning after the whipping, and
that he became unconscious the fol
lowing Sunday night, remaining in
that condition until his death Tues
day night.
On cross-examination, conducted
by Leonidas Z. Wade, chief counsel
for the defense, the witness was
asked: what medical college did
you graduate from" replying that
he was not a physician.
Il heard Tabert's guard say he
had one of the hardest chills he ever
saw a man have" the witness re-
Piled to the next question.
But as far as you know from
medical standpoint, he may have
died from a snakebite?" Mr.. Wade
queried.
"AH L know is that Tabert was
sick" the witness testified, adding
that he was about ten feet from Ia
bert when he was whipped.
''You have been attending school
with other state witnesses as to what
you will testify. have you not?'' he
was asked by Mr.. Wade, but the
question was ruled out on the, states
objection.
Padgett testified that he made his
first statement about the case in
April Of this year. Replying to a
question, he said he did not think
it was up to him to 20 before the
Dixie county grand jury and re-
port Tabert's death.
"How are you being paid for fol
lowing this case around?' Padgett
was asked. He replied that he was
paying his own expenses with mon
ev he worked for, and said he knew
nothing of a fund that defense coun-
sci suggested was being raised in
Cavalier county, North Dakota, TO
"take care of witnesses for the
state"
The witness was shown an attl-
davit made in the state s effort to
change the scene of the trial from
Dixie county, and denied his sigma
ture to the document was affixed
by himself. H.
Looked Like He was Dying"
Padgett was excused after the
state questioned him on minor de-
tails on redirect examination. He
was followed by J. w. Jackson, an
other former guard at Putnam Lum'
Der compaLy's camp.
Dfense counsel objected to Jack
son relating the circumstances of
Tabert's health, but he was allowed
to proceed.
On Monday night Tabert was in
feeble condition, Jackson said, and
added that "he looked like he was
dying"
On objection from the defense, the
court ordered the prosecution to stop
attempting to lead the witness.
Jackson testified that he prepared
Tabert's body for burial.
The tits between opposing counsel
became so warm that Judge NJ. A.
McMullen ordered them to remain in
court when noon recess was given in
order that conference could be held
in an effort to bring about more
harmonious proceedings.
The state swore in approximately
sixty witnesses today's and forty-sev-
IN men and women answered to the
defense witness roll-call.
Claim Witness at Home
Jackson was cross-eXamined by
w. p. ChavOus. a Cross City attor-
ney. The defense made an effort to
break down his testimony and show
that the witness was not at the Put
nam camp at the time Tabert died.
TIL ewitness on direct examination
declared he saw the Dakota boy in
an unconscious state after he had
been whipped by HigginbOtham and
later prepared the body for burial.