The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-17
Editorial Review
A RIGHTEOUS VERDICT

L. w. HlgginbOtham, the lnhu-
man whipping boss who flogged
Martin Tabert to death in the
Florida prison camp, was found
guilty by jury Saturday of muir
der in the second degree, and SEN
fenced to twenty years.
commended by the people of this
country, but it is to be regretted
that those higher up, the officers
of the Putnam Lumber Company OF
Eau Claire, this state, who operate
the prison camp in Florida, cannot
he reached through some court
mandate.
The whipping boss was acting
under orders, and deserving of the
punishment that has been inflicted
hut the higher-ups escape. We
want to congratulate the state OF
North Dakota, the home of Martin
T&bert, for first setting in motion
the investigation which brought
about the Indictment, and the con-
y:ction of the so-called whipping
boss. A jury of citizens from Flor
ida rendered the verdict of guilty,
and in a measure have vindicated
their commonwealth. HigginbO-
than testified at the trial that he
had beaten the youth as a part OF
his duty, but stoutly maintained
that at no one time had he admin
istered more than ten lashes. This
was very ingenuously put, but the
Jury evidently was sof mind that
Tabert met his death at the hands
of the whipping boss. and rendered
the verdict accordingly. In order
to convict of first degree murder,
the intent must be shown. This
was hard to prove because the
whipping boss, administering the
punishment, evidently did not star.
out with the idea of killing Tabert,
but his frail condition was con-
tributing influence.
Tabert was convicted OF vagrancy
when he was arrested at ITALIA
hassee, Florida, on December Is,
1921, and in default of twenty-five
dollars, the amount of the fine, was
sentenced to serve two months In
the Putnam Lumber camp near
Clara, Florida. He died February
/, 1922, and the death certificate
assigned the cause as "fevef and
other, complications"
An inquiry covering q years
time, instituted by friends, brought
about the indictment of the whip
ping boss. Sometimes we wonder
whether we're living In an age OF
civilization. or have we gone back
to the days when indignities were
heaped upon the people through a
lack of understanding, when civili-
zation was still in its infancy?
All the wealth that the Putnam
Lumber Company may acquire in
the years to come will never wipe
out the shame and degradation as
result of the murder of Tabert.
While the men at the head of this
concern never knew Tabert AMI
had no direct connection with the
whipping, still ne permitting the
system employing the whip
ping bosses. and resorting to
this class Of punishment, they are
responsible for his death. The
laws of the land are not such that
they can be punished, but morally,
they will be held to account by the
people of the United States. They
sanctioned this system of punish
went. they paid q salary to Hig-
ginbotham, whose main duties were
those of whipping unfortunates in
camp.
We can see In this man a char
acter, similar to that immortalized
in Harriet Beecher Stoves Uncle
TOMS rabin," In the personality OF
Simon Legree, brutal, without feel
ing. a contemplating influence up
on better citizenship.
In the United. States. under our
constitutions men are imprisoned
with the. idea Of reformation. but
in Florida, there the conception OF
Justice has been replaced by an in
human practice It is hard TO con-
ceive Of IN this day and age. No
wonder sometimes the question lis
asked. "Are we drifting back to the
axe when civilization was unknown
end unheard OFT" Sheb0ygan
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