The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-04-23
TABERT PROBE
BRINGS ACTION
BY GOVERNOR
irregularities of Official Paid
BY Lumber Company to
Re Investigated
EVIDENCE STARTLING
Story Of .Jailer on Actions of
Sheriff Told TO Legis-
latOrS

The Legislative investigation
committee in the Tabert case
late today promised recommend
atiOns to abolish the convict
leasing system and corporal
punishment, the immediate re-
mOval Of Sheriff Jones of Leon
county and the establishment Of
the merit system for cOnvi0ts
and to permit time of for gbOd
behavior.
Tallahassee, April 23-Action by
Gov Hardee. toward bringing inves-
tigation of the alleged Irregularities
in the Office of J. Il. Jones, sheriff,
and b. II. Willis, county Judge of
Leon county, as charged by Assist.
Atty. General Crimson of North Da-
kota through evidence brought out
in the Legislative investigation of
the death of Martin Tabert in a con-
vict camp was expected to assume
definite form today.
High Water Mark
The high water mark in the num-
ber of lashes alleged to have been
administered to Martin Tabert,
North Dakota youth, who died while
serving as a convict in private
lease camp AT Clara. Fla, marked
the testimony presented Saturday to
the joint Legislative committee in
vestigating reported brutalities to
prisoners.
NJ. B. Bell. former guard at the
Putnam Lumber company where Ta-
bert died IA months ago. said he
counted l19 blows struck by Walter
gginbotham, whipping boss, now
under indictment of first degree
murder in connection with the Da.
kotan's death.
Higginbothnm testified Thursday
that he hit Tabert ten gentle" blows
and that the boy was able to return
to work the following day
Two Stories About Funeral
Other witnesses testified today
that they prepared the body for
burial and Arthur Johnson, Il form
er convict, said he acted as "a pail
bearer and stated that, the body was
laid away across the river from
Dixie, in Taylor county, at an iso-
lated spot and in hole filled with
water Witnesses for the lumber
company have previously testified
that Tabert was buried at Mirgo
cemetery near Clara, Florida, amid
the singing of hymns by townspeo-
-;
oficiated.
The committee at the request of
representatives for the lumber com
pany, took under advisement a trim
to Clara in an effort to get straight
the conflicting versions of the fun
eral.
j. w. Jackson. who testified he.
fore the Madison county grand jury
which indicted Higginbotham, iden-
tined himself as a former guard at
the lumber camp and testified that
on the night Tabert died, he was
one OF the men ordered by Higgin-
botham to prepare the body for bur-
lal. The witness said there were
many bad lacerations on the face and
head.
Body Was Bloody
Tom Pope, negro, said he served
a sentence at the logging camp for
running away; from turpentine
camp. Pope said he saw Tabert
whipped, was with him when he
died and was one Of those Who hath
ed him preparatory for burial. The
blood from his wounds had seeped
through his night clothes and the
bed sheet looked as if a piece of
"bloody beef had lain on it,"
W. W. Matthews, former steel
gang foreman at the camp, thought
until an hour before he appeared
before the committee that the man
ne saw given III blows by Higein-
botham was Tabert, but that he rot
INTO an argument" with another
man who witnessed it, named Reeves.
just before his appearance before
the committee and had come to the
that it was bow called
South Carolina" Boatright who re-
ceived that fogging.
In the l3 months he was employ-
ed by the company, he said he saw
every one of the some 200
convicts whipped and not one to his
was held to the regula-
tion 10 blows, the fogging averaging
around 80 or 60 blows. He based
his first opinion that it was Tabert
ne had seen whipped on the fact that
ne saw Tabert after death and his
head was bruised and lacerated and
his nose broken. 1t was frequently
the practice for Higginbotham to
place his foot on the neck of the
victim, he testified.
Ex-Whipping Boss TestilRes
j. B. Burch testified from the
viewpoint of an experienced whip
ping boss, now retired and farming
in Taylor county. He worked for
the Putnam company four weeks as
ofiicial whipper, during which he
2s punishments, as his,
reports would show he. said. Two
whippings were at his own in;.ia-
tive, one for general principies.
(CentinUed On Paeo Thron1