Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1873-12-11
THE JUDGES STORY.

THE JUDGES STORY.
II 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 TEL
low traveller and then, as if some explanation
of his remark would be in order, he went on:
1--WE had a very interesting trial in Austin
last week Tom Carberry-Irish Tom he is
called-was tried for murder. l defended
him, and never struggled harder for client
in my life. For week before, and through
out the trial, I worked night and day to look
up testimony, and to present the case to thejurY
in the best possible light. | consulted with
all the attorneys not engaged in the prosecu-
ton. We got him of with three years in the
penitentiary but he ought not have been pun
ished-he should have been acquitted" The
fellow passenger quered as to the clrcumstan-
ces attending the alleged murder, and the
Judge answered: "They were very peculiar,
and that is the reason why the trial was 50
very interesting. A woman up in Montana,
who never saw Tom Carberry, thought that
he had done her great wrong; and so, when
she was asked, as the phrase is, to take up
with new man. she named her terms: Kill
Tom Carberry, of Austin, Nevada But |
never saw nor heard of the man. said the
Montana aspirant Nevertheless" said she,
kill Tom Carberry.' 1T is the depth Of win.
ter was objected, 'and we are hundreds OF
miles from Austin. The journey cannot now
be made Kill him in the spring. said the
unrelentng woman. Yes said he, and the
/ oo,,o,ot ,poc col oil
"With the opening of travel in spring there
arrived at Salt Lake City, by the Montana
stage, an individual who freely announced
that he was on his way to kill Carberry. Salt
Lake City is 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 of the way or to be specially pre-
pared to see company. He was then employ
ed at the keystone Mill, nine miles from town,
and he stayed there nearly whole week af-
ter he knew that the Montana chap was in
Austin. You see, Tom is pcaceable man,
and he didn't want any difficulty. Most men
would have come in at once. and got the at-
! fair off their hands"
The listener entertained doubts at this point,
but saying nothing, the Judge proceeded:
Saturday evening, just as usual with him,
Tom came into the city, and after getting
shaved and fixed up for his holiday he went
around to the saloons, where many Of the peo-
pie of the mining towns spend their leisure, to
meet his friends 1t wasn't long before he
encountered the Montana fellow, who began
at once in Toms hearing to make insulting
! remarks"
Here the listener interrupted with: "Why
did he make insulting remarks? If he had
made a long journey solely for the purpose of
killing Tom, why didn't he shoot him off:
hand !" "Because," said the judge, "that
would have been murder The community is
down on murder, and he would have been
dangling from an awning beam in fifteen min
utcs. Killing is very different matter
! When two men get into fight, and all is fair
between them, and one kills the other, the com
munity don't ordinarily seem to feel much
concern OH the subject. Under such circum-
stances the only way for Montana was to pro-
woke Tom to quarrel, and lead him to a
fight But Tom wasn't disposed to crafty
him-he wouldn't take any notice--didn't
seem to hear; but repeatedly left one saloon
to 60 to another, just to keep out of the way.
Montana followed him up until, at last, stand.
ing right before Tom, he jumped up about
two feet from the floor, and came down with
a heavy jar, and said: "I'm Chief!" Even
this Tom didn't resent-hc onl y put his hands
over his face and wept Fact, sir, the tears
actually flowed until his best friends thought
he was an arrant coward and when he got
up and went away to his room to bed, there
wasn't one of them to say Il good word for
him.
"Montana enjoyed a season of glory. He
had said, Pm Chief! in public place, and
no man had dared to accept the challenge
The next morning Tom was standing 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. Montana answered; NO apologies
apologize come into the saloon and chink
glasses with me, and we'll let the matter Drop
Then Montana said Tom Carberry, either
you're generous, or else you're a coward. |
don't think you're cowardly, an if I'd known
you at the start, it's most likely | wouldn't
have waded in. But the matter can't be let
drop, for there's hundreds Of people in my
section and between here and there, who
knows that | came here to kill you so there
is but two ways-wc must fight or you must
run. If you'll run it'll be jest as good to me
as to fight
"Tom's almo>tt uppliant bearing disappear:
n1 IN tbp instant and he said STRANGER
amt much in the habit O runnin', an if we
are to fight we may as well have it out now
as any time Are you hceled /? Tom asked
this question because we have a law against
carrying concealed weapons, which is regard.
ed at such hours as people think they will
have no use for their arms,and disregarded at
all Others The answer was: No. left my
revolver with the bar-keeper of the Exchange
Get it, said Tom 'I'll wait for you here.
The Exchange was in corner building across
Il street which came in at right ang les to the
sidewalk where they were standing. Mona-
ma went in at the front door but came out at
the side on the cross street, hoping to steal up
and get the drop on Tom; but this was not
so easy Tom was wide awake he had
crossed the main street to guard against sur
prise so, when Montana poked his pistol
around the corner and followed it with just
enough of his head to take sight, Carbcrry
was not in range In moment their eyes
, met, and the shooting began. Tom curled
down close to the street bed, to present the
smallest possible area as mark, and because
it is comparatively difficult to hit an object
, lying on the ground Montana sheltered
, ,,;,,solf son,owL,t hob;nd q low row of sacks