The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1873-11-07
TIE JUDGES STORY.

~ don't see how could have done more
for him than | did; but still the man
should not have been punished-he should
have been acquitted.
With these words the Judge awoke to
the consciousness that he had a fellow
traveller: and then. a if some explanation
of his remark would be in order, he went
on:
Ave had very interesting trial in Aus
tin last week. Tom Carberry-lrish Tom.
he is called-was tried for murder. | de
Tended him. and never struggled harder
for a client in my life. For a week before,
and throughout the trial. worked night
and day To look up testimony. and 10 pre-
sent the case 10 the jury in the best posi-
BILE light. | consulted with all the attor-
neys not engaged for the prosecution. We
got him OF with three years in the peni-
tentiary but he ought not 10 have been
puniShcd-he should have been acquitted"
The fellow passenger queried as to the
circumstances attending the alleged muir
der. and the Judge answered:
"They were very peculiar, and that l.
the reason why the trial was so very inter-
esting. A woman up in Montana. who
never saw Tom CaTberry. thought that he
had done her great wrong; aud SO. when
she was asked. as the phrase j.. TO take
up with new man. she named her
terms
"'Kill Tom Carberry, OF Austin. Neva-
da.'
-. But I never saw nor heard OF the
man. said the Montana aspiram.
- Nevertheless. said She, kill Tom Car
berry.
"sIt Is the depth of winter was OBJ
jecied, and we are hundreds of miles
from Austin. The journey cannot now
b. made
XIII him in the spring, said the unre-
ienting woman.
- Yes said he, and the compact was
sealed.
with the opening OF travel in the
spring there arrived at salt Lake City, by
the Montana stage. an individual who free
" announced that he was on his way 10
Kill Carberry. Salt Lake City l. long
way from Austin. but the friendships of
border men span much greater distances.
Tom was quickly advised of the approach
Of his visitor. but he took no steps either
to get out of tire way or to be specially
prepared to see company. lie was then
employed ut the Keystone Mill. nine miles
from town. and he staid there nearly 4
whole week after he knew that the Mon
tana chap was i'm Austin. You see, Tom
il a pcaccable man. and he didn't want
any difficulty. Most men would have
come in at once. and got the affair of theiI
hands,
The listener entertained doubts at this
point. but saying nothing. the Judge pro
ceeded:
saturday evening. just as usual Will
him. Tom came into the city, and after
getting shaved and fixed-up for his holi
day. ~ went around to the saloons, wher,
many Of the people of mining towns
spend their leisure. TO meet his friends
II wasn't long before he encountered tn,
Montana fellow. who began nj once
in Toms hearing. to make insulting r.
marks"
Here the listener interrupted with
"Why did he make insulting remarks
he had made long journey solely for tn
purpose Of killing Tom, why did not h
shoot him off-handg'
Because said the Judge. that woul,
have been murder. The community !
down on murder. and he would have beer
dangling from an awning-beam In fiftceI
minutes. Killing H. very different mat
ter. When two men get into fight. am
all il fair between them. and one kills tn
other. community don't ordinarily seem &
feel much concern on the subject. Unde
such circumstances. the only way for Mon
tana was 10 provoke Tom to q quarrel, an
lead up 20 fight But Tom wasn't III.
posed 10 crafty him-he wouldn't tax
any noticc-didn't seem to hear but r,
peatedly left one saloon to 20 to another
just To keep out of the way. Montana 10
lowed him up, until, at last, standing rigl