The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-29
S H A RP.' PERSONAL
CLASHES OCCUR At.
FLOG BOSS TRIAL.
Defense Repeats Charges
State Is Using Slush Fund
In Prosecuting Case


Charges by the defense that "slush
fund" had been raised in North Da-
kota to prosecute Thomas Walter
Higginbotham. convict whipping
boss, and to pay expenses of G.. Grim
son, assistant attorney general of
North Dakota, to come to Florida to
spread propaganda" and coach wit
nesSes, which was characterized by
the state as a play to prejudice the
jury, featured todays session of the
Higginbotham trial.
Higginbotham is charged with the
murder of Martin Tabert of North
Dakota. it being alleged that he
whipped the Dakotan so severely
that it brought about his death while
Tabert was confined as convict in
the county lease camp of the Putnam
Lumber company 16 months ago.
Little progress was made today and
the court threatened to hold night
session If speedier results were not
attained. At the conclusion of to-
days session the state announced
that it would probably close Its case
tomorrow afternoon.
Continue to Clash.
Counsel for both sides continued
to clash, today's tits being more
heated than those occurring since the
trial started. The state took eXcep-
TONS to accusations made by the de-
Tense that Graham Ward, state
witness, claimed he had been offered
$4,000 by the state to testify. ward
denied such an offer had been made
and also entered a denial that he had
made a statement to the effect. The
tilt. which lasted throughout the
morning session. came after the state
rendered the witness to the defense
for cross eslmination, after he had
L rfri hot h. w
a prisoner. who he presumed TO pc
Tabert. giving him as many as 81
ticks before he quit counting.
Leonidas e. Wade, leading counsel
for the defense, declared as he rolled
I'D his sleeves he granted no quar-
ter" in cross examining witness
and the state must take the eonse-
ouence for rendering this witness to
stafford Caldwell, assistant states
attorney, said he welcomed dyha
mite" as Mr.. Wade claimed hlmsell
to be- but when the defense attorney
proceeded with the examination ana
asked the witness a question relative
to the $1,000 bride, State ATTORNEY
lanes r. Kelly resented the charge
that he had taken part in a plot 70
bribe a witness. Mr.. Kelly terheu
the defense courseIs tactics as an
effort to stab me In the back ana
ton from such methods.
Mob,l,..n re.tifie..
Henry Ward of Mobile. Ala, a ma
tive sf Florida, on the stand, sara ne
e.rved a sentence in the Putnam com
,'a,y convict camp, was a trusty and
vas acquainted with Tabert, whom ne
saw whipped by Higginbotham on
January 81. Ward said Higgin-
botham ordered him to get the
leather strap with which he did the
iashing. and which Ward said
weighed six pounds, was three ieel
long and three inches wide.
The witness gave a recital or the
whipping, declaring "Higginbotham
whipped about as hard as he couid;
He said "Taberts complalned OF ms
feet and begged not to be whipped, as
he was doing the best he could
ITO nv best Judgment Higgin-
botham gave Tabert rs ticks. the
witness continued. "Higginbotham
also placed his foot on Taberts neck
to keep him from twisting apout on
the ground. Higginbotham later
struck Tabert four blows with what
in NV Judgment looked to be the han
die of the strap The blows were
struck on the head and shoulder.
Sunday morning Tabert was un-
able to talk and appeared to be SICK:
He was unconscious that night ana
death came on Tuesday night" the
witness said.
o O o
On DISCRIMINATION ward SAID
it was the usual thing to whip pris-
oners in the camp and that the beat
ing given Tabert was about the
same. as given other convicts. He
admitted his brother also had been
whipped in the camp.
Replying to questions, Ward denied
that he had been receiving any prop
uganda from North Dakota about
the Tabert case and said he had not |
received any letters from Mr.. Grim |
SON
Haven't you been offered money to |
come over here from Mobile to teS-
tify in this case" he was asked.
Yes, the state said it would pay |
my expenses" declared Ward, adding, |
land I'm not going to get any more |
than any other witness" |
The witness denied that he had |
been coached as to what to testify, !
said he knew nothing of any "slush !
fund" being raised in North Dakota |
to pay witnesses and did not know |
Mr.. Crimson.