The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-04-10
WERE LIGHT
ONES" DEFENSE
GIVEN PUBLIC
Boss Charged with Murder Isl
Taken TO Madison. Fla.
For Jury Probe
SOLONS PROBE OPENS
Body to be Exhumcd i'm Effort
to Ascertain All Facts
in Case
SOLONS PROBE OPENS

Madison. Fla, April 1O.-Walter
Higginbotham, convict whipping
boss. charged with murder in con-
ncction with the death of Martin
Tabert. North Dakota youth, was
brought here from Cross, Fla. and
confined in the Madison county Jail.
A grand jury Investigation into
Tabcits death will begin tomorrow.
Through his attorney Higginbot ;
ham made general denial to al,
charges against him. but admitted
that he floggcd Ie6ert, saying that
all strokes were light ones and that
81 only hit him a few times"
Tallahassee, Fla, April lO.-The
joint Legislative committee which will
investigate the death of Martin Ia
bert of North Dakota, who met death
under alleged brutal circumstances
at private convict camp in this
state, was definitely set up yester-
day with the appointment of MEM
bers of both houses to serve on it.
At the same time, the house re-
solved to instruct the committee 20
cXhume Tabert's body, give it "dc-
cent suit of clothes. decent coffin
and decent burial at the expense of
the state of Florida"
Buried in COnvict's Suit.
The house resolution regarding an
other burial for the youngster must
be concurred in by the senate. Affi-
davits gathered by North Dakota Of
ficials charged that after being NAL
treated to death, the youngsters
body was dressed in the clothing of
an Escaped negro convict, placed in
an ordinary box and stuck in the
ground.
When his name came before the
legislature, it had entered into every
session of that body since it's con-
vening last Tuesday 1t had been ex-
Flained that his name would be
mentioned only with the appointment
of members to comprise the invcsti-
eating committee, but while the
house was transacting routine bust
ness. Representative S. }. Gilees OF
Franklin county offered joint rcso-
luton providing for his burial, and
asked that the rules be waived for
its immediate consideration.
There was only one other express
sion in the unanimity of the house.
and that came from Representative
Fred Van Roy, of Citrus, who offered
an amendment providing that the
funeral arrangements be held Mt the
disposition of the boys relatives.
To Amend Statute.
: Later during the introduction Of
bills, Representative A. O. Weeks of
Bombay introduced bill repeating
the statutes now in existence making
it misdemeanor in this state to ride
freight train as an unauthorized
passenger. Such movement has
been sponsored by certain womens
past without success.
Mr.. Weeks asked for unanimous
consent for its immediate passage
stating that the railroads should bA
required to protect their prouerty
and that he was tired" of officers
seizing young men from the trains
and "railroading them to convict
camps"
The house appeared to be in the
same mood as whole, and his bill
ran through to its third reading when
Representative A. Y. Milan of Jack
sonville, objected to its final DISPOSE
tion without more consideration.
Wants to Go Slow.
The bill then was sent to COM
mittee. Representative Milan ex-
planned that he was not holding any
brief for the railroads and that he
intended to vote for the abolition of
the county convict leasing system,
but, he continued, Florida every win
ter is flooded with undesirables and
that some protection must be had
against them, certainly to the en-
tent of not rushing Mr.. Weeks bill
through in such fashion.
Tabert, it is contended, was an ad-
venturous youngster, out to see the
world. He was arrested for riding a
freight train in this lone country,
and it is charged was tried at night
and sent to the camp where he lost
his life.
The resolution providing for Ta-
bert's burial instructed the investi-
eating committee to have the Putnam
Lumber Company point out the spot
/" where Tabert is buried, and that
the committee procure the services
of an undertaken and a physician."
The Putnam Lumber Company had
Tabert under lease, and reported, ac-
cording to the charges, that he died
February l, 1922, ''from fever and
other complications" (.
The committee is comprised of
Senators John p. Stokes. and w. A..
MacWilliams, and Representatives. C.
H. Kennerly, Frederick Van Roy. and
John Clay Smith.
Nationwide interest in the cnse Of
Martin Tabert, North Dakota hoy who
died in a Florida private convict
camp, is indicated in the receipt at
the office Of Governor Nestos Of let
tcrS Of Eunn0rt fnr thn sAnAs1>.. .ss.se