The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1873-12-27

munity is down on murder, and he
would have been hanging from an avn
ing beam in fifteen minutes. Killing is
very different matter When two
men get into fight, and all is fair be-
tween them, and one kills the other.
community don't ordinarily seem much
concerned on the subject. Under such
circumstances, the only way for Mon
tana was to provoke Tom to quarrel,
and lead him to fight. But Tom wasn't
disposed to crafty him-he would
not take any notice-didn't seem to
hear but repeatedly left one saloon
to go to another, just to keep out of the
way. Montana followed him up, un,il,
at last, standing right before Tom, he
came down with heavy jar, and said /:
I'm Chiefl' Even this Tom didn't
resent, and when he got up and went
away to his room to bed, there wasn't
one of them TO say good word for
him. .. O...
Montana enjoyed season of glory.
He had said, Pm Chief + in u public
place and no man had dared to accept
the challenge.
The next morning Tom was stand
ing on the sidewalk, when Montana
came along, and they met face to face,
Tom spoke to him in very quiet, low
tone, saying:
Stranger, you used me pretty rough
last night, but don't bear malice.
jest say that you'd been drinkin' and
didn't mean it, and we'll say no more
about it. Ht'.'
Montana answered No apologies
in mine p. Ns.,.. 80
"' WE'LL said Tom, you needn't
apologize come into the saloon and
chink glasses with me, and we'll let the
matter DROP l.,7s
"Then Montana said: Tom Car
berry, either you're generous, or else
you re coward. l don't think you're
cowardly, an if I'd known you at the
start, it's most likely 1 wouldn't have
waded in. But the matter.can't be let
drop, for there's hundreds of people
in my section an between here an
there who know that 1 came here to
kill you SO there's but two ways. we
must fight, or you must run. If you'll
run, it'll be just as good to me as to
ight.' .... ,....,t
"Tom's almost suppliant bearing
disappeared on the instant, and he
said Stranger, L amt much in the
habit O. runnin', an if we're to fight,
we may as well have it out now as any
time. Are you heeled?'
"Tom asked this question because we
have law against carrying concealed
weapons, which is regarded at such
hours as people think they will have no
use foc their arms, and disregarded at
all others.
The answer was: mo, / left nv
revolver with the barkeeper of the Ex-
change ,.l..
"Get it, said Tom, 'and I'll wait
for you here
81 am making long story of the
shooting, which In reality was very
soon over. They fired three shots
apiece in as many seconds. Toms
third ball passed through Montana's
heart, and he was dead before his head
rebounded on the brick pavement,
Carberry surrendered himself at once,
and was kept in Jail until his trial came
OF, although bail to any amount was
offered" .n..,......... .f......... ....'
! After pause, the Judge added: "I
don't see how could have done more
Tor him than did; but the man should
not have been punished--he should
have been acquitted and he would
have been but for one circumstance,
which prejudlced the court and jury
against him. l+ l-- ,1s.I-'3l'
! What was the circumstance so pre-
judicial % questioned the listener.
The Montana chap was the fourth
man Tom had killed In Austin" an
swered the Judge, innocently.-[Over-
land Monthly. .. 4'...'