The Birmingham age-herald., 1923-05-26
CHANCE OF VENUE GRANTED STATE N WHIP BOSS TRIAL
(Continued from Page one.)


 tional articles. It was contended that Dixie county was a frontier com munity where very few of the peo- pie ever saw newspaper.
 l.. F.. Ware, representative in the Florida legislature and leading, counsel for the defense, described the people of Dixie county as simple country folks, living their lives as they understood things under the tenets of their religion, taking lit tie note of what goes on in the out side world.
 Defends Citizens.
 States Attorney J. R. Kelly chal- lenged this as a direct reflection mon a class of people who are the equals of those in any other county in Flor ida. He pointed to the rural free delivery as having wiped out the barrier and made it possible for people everywhere to get their news papers within 24 hours after publi- cation. The fact that the court room was filled with people of the county was proof of their interest and fla miliarity in this case.
 Mir. Wade bitterly scored the news papers and attacked the presence of G. Crimson, assistant attorney gen. eral of North Dakota, who has been investigating the Tabert case for some time, the attorney declarins. that the North Dakotan was here { primarily to secure evidence in which to base a suit for damages against the Putnam Lumber company
 The legislator also attacked the Florida legislature for the great amount of attention given to the con vict reform at this session.
 He declared that convict agitation has become so active that you could almost have passed a statute to hang. al reached state of fanaticism in the ! house."
 The Putnam Lumber company held the center of the arguments, the state contending that it owned more than half of the land in the county; that 1t paid 65 per cent of the county taxes, and that it had powerful political in = fluence. The defense contended the lumber company did not figure what soeVer in the case; that Higgin- botham had not been in the employ Of the company since February , 1922. five days after Talbert is al legged to have died, and that neither i interfere with the defendant getting fair trial here.
 State Replies.
 Stafford Caldwell, assistant states attorney, presented an affidavit dur ing the afternoon session to refute i the document offered by the defense /, this morning and signed by S5 citi. zens that the defendant could receive fair and impartial trial.
 This istrument was accompanied by To individual affidavits. Th. states affidavit tended to show that l4S of those who signed the defense S ! papers were employees of the Putnam Lumber company.
 
 l davit signed by the chairman of tn, 1 county commissioners that there were only 2SS qualified jurors in the coun- 1 ty which is seven less than the mini mum allowed a county by law MT 1 Caldwell pointed out that 110 citi gents had signed affdavits for the defense declaring a fair trial coule be secured and 95 had signed tho ! states affidavit that a fair tria | could not be secured. together with q number of other affidavits signeo by citizens, which disqualified then ! from serving as jurors and that 3s had already served as jurors this year , which was a sufficient test to show that qualified jurors could not be se- l cured.
 County Has No Court House. MT. Caldwell in concluding his ar. Eument pointed out incidentally tha, DlNle county was not equipped With a couIt house and had no facilities for conducting court Should the court 1 overrule the states motion, he said 1t would be greatly handicapped 1T handling drawn-ou trail as is in- dicated the Higginbotham case will , be.
 The defense first contended that the i affidavits secured by the state in seeking change of venture were | circulated around by W. II. Matthews ! former county judge, now under in dictment charging first degree mur- | der. It was ascertained Matthews l was indicted by the grand jury for an alleged crime committed two years ago. It is charged he aided in burn ing a negro to death. It was learned that the case has been investigated several times and only this grand jury could secure sufficient evidence to return a true bill.