National opinion. [volume] (Bradford, Vt.) 1865-1874, 1873-12-05
THE JUDGES STORY,

the Consciousness that he had u fellow
traveller; and then, as il some explana-
tion of his remark would be in order, he
went on
1--WE had n very interesting trial in
Austin last week. Tom Carberry-Irish
Tom he is called-was tried for murder.
| defended him, and never struggled
harder for client in my life. For a
week before, and throughout the trial,
| worked night and day to look up tes-
tlmony, and to present the case to the
jury IN the best possible light. / con-
suited with all the attorneys not en-
gagged for the prosecution. We got him
off with three years in the penitentiaryi
but he ought not have been punished
he should have been acquitted
The fellow-passenger queried MS to
the circumstances attending the alleged
murder, and the Judge answered;
They were very peculiar, and that
Is the reason Why the trial was so 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
ls, to take up with a new man, she
named her terms
Kill Tom Carbery, of Austin, Ne.
vada.
80 But never saw nor heard of the
man. said the Montana aspirnnt.
- Nevertheless, said she, kill Tom
Carberry.'
90 1t is the depth Of winter was OBJ
iected, and we are hundreds of miles |
from Austin. The journey cannot now
be made.
"' Kill him in the spring, said the
unrelenting woman.
90 Yes, said he, and the compact was
sealed.
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 dis
tances. Tom was quickly advised of
the approach of his visitor, but he took
no steps either to get out Of the way or
to le specially prepared to see com
pany. He was then employed at the
Keystone, Mill, nine miles from town,
and he stayed there nearly whole
week after he knew that the Montana
chap was in austin. You see, Tom is a
peaceable man, and he didn't want any
difficulty. Most men would have come
in at once, and got the affair off their
hands -
The listener entertained doubts Mt
this point, but said nothing and the
Judge proceeded:
Saturday evening, just as usual
with him, Tom came into the city, and
after getting shaved and fxed-np for
his holiday, he went around to the sa- ,
looms, where many Of the people OF the
mining towns spend their leisure. to :
meet his friends. 1t wasn't long before I
be encountered the Montana fellow, :
who began at once, in Toms hearing, !
70 make insulting remarks" =
Here the listener interrupted with: !
. Why did he make insulting remarks I
II he had made a long journey solely r
.or the purpose of killing Tom, why
iidn't he shoot him off hand o.
Because, said the Judge, "that +
would have been murder. The com. -
nunity is down on murder, and he i
would have been dangling from an p
'wning- beam in fifteen minutes. Kill u
ng is a very different matter. When "
wo men get into a fight. and all is fair a
between them, and one kills the other, -
community don't ordinarily seem to a
eel mucn concern on the subject. 7
Jnder such circumstances, the only n
way for Montana was to provoke Tom q
o quarrel, and lead up to a fight. n
5ut Tom wasn't disposed to crafty him
he wouldn't take any notice-didnt
cen to hear; but repeatedly left one
aloon to go to another, just to keep =.
mt of the way. Montana followed him II
lp until, at last, standing right before 7, n
Tom, he jumped up about two feet =
rom the floor, and came down with a y
eavy jar, and said : I'm Chief = ~
wen this Tom didn't resent-he only II II
uts his hands over his face and wept u
act sir, the tears actually flowed, un- W
il his best friends thought he was an W
rrant coward and when he got up u
nd went away to his room to bed there a.
'asn't one of them to say good word u
him.
Montana enjoyed a season of glory. a. a.
Ie had said, I'm Chief 7 IN a public II, ~
lace, and no man had dared accept the ~
lallenge. ~ ~
" The next morning Tom was stand -
lg on the sidewalk, when Montana ~, ~,
lme along, and they met face to face. .., .n
ON spoke to him in very quiet, low A.
me, saying: II, -,
40 Stranger, You used me pretty rs
ugh last night, but / don't bear NAL "a "a
e. jest say that you'd been drinkm' ~
I'd didn't mean it, and well say no "a
ore about it. III
=" Montana answered " No apologies g g
mine. w
Well, said Tom, you needn't III
'ologize, come into the saloon and
ink glasses with me, and well let the We W.
after drop II
Then Montana said Tom Car "D
rry, either you're generous, or else er
u're coward. | don't think you're cel W
wardly, an if I'd known you at the WI WI
art, it's most likely / wouldn't ha' ne
lded in. But the matter can't be let ~ a ;
OPP, for there's hundreds of people in IN IN
Y section an between here and there az. az
10 know that | came here to kill you '''
there's but two ways-we must fight,
You must run. II you'll run, it'll be
It rs good to me as TO fight. !
50 Toms almost suppliant bearing afit
on the Instant, and he ada
d : Stranger, amt much in TIE wit
bit o runnin', an if we're to fight we pre-
y as we'll have it ont now rs any bot
le. Are You heeled 2 par
= Tom asked this question because of
have law against carrying con- sew
lied weapons, which is regarded at till
Ii hours as people think they will dill
We no use for their arms, and dis init
ard at all others. holI
{ Tho answer was. mo. 7 left my mar