Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1873-12-12
THE JUDGES STORY:

THE JUDGES STORY.
ssI don't see how could have done more
for him than did; but still the man
should not have been punishable should
have been acquitted .
With these words the Judge awoke to
the consciousness that he had a fellow
traveller; and then, as if some explanation
of his remark would be in order, he went
on:
1--WE had a very interesting trial at Aus
tin last week. Tom Carberry-Iris Tom
he is called-was tried for murder. | de-
Tended him, and never struggled harder for
client in my life. For week before,
and throughout the trial, 1 worked night
and day to look up testimony. and to pre-
sent the case to the jury in the best posi-
BILE light. I consulted with all the attor-
neys not engaged for the prosecution. We
got him off with three years in the penl-
Tertiary; but he ought not to have been
punished-he should have been acquit-
ted" illit
The fellow-passenger queried as to the
circumstances attending the alleged muir
der, and the Judge answered: II
''They were very peculiar, and that is
the reason why the trial was SO very inter
esting. 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 phraseis, to take up
with new man," she named her terms (
sKill Tom Carberry, of Austin, Neva-
da.n r4u
"But / never saw nor heard of the man.
said the Montana aspirant. @ bis
Nevertheless, said she, Sskill Tom Car
berry," A
cit is the depth of winter was object
ed. ssand we are hundreds of miles away
from Austin. The journey cannot now be
made" a Z.
seKill him in the Spring." said the unre-
lenting woman.
"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 distances. Tom
was quickly advised of the approach of his
visitor, but he took no steps either to get
out of the way or to be specially prepared
to receive company He was then employ
ed at the Keystone Mill, nine miles from
town, and he staid there nearly whole
week after he knew that the Montana chap
was in Austin. You see, Tom is a peacea-
BILE man, and he didn't want any difficulty
Most men would have come at once and
got the affair off their hands,"
The listener entertained doubts at this
point, but saying nothing, the Judge pro-
ceeded:
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 ma
ny of the people Of mining towns spend
their leisure, to meet his friends. 1t was
not long before he encountered the Monta-
ma fellow, who began at once, in Toms
hearing, to make insulting remarks"
Here the listener interrupted with
esWhy did he make insulting remarks 1t
he had made a long journey solely for the
purpose Of killing Tom, why didn't he
shoot him off-hand ?"
ssBecause,'' said the Judge, ssthat would
have been murder. The community is
down on murders, and he would have been
dangling from an awning beam in fifteen
minutes. Killing is very different mat
ter. When two men get into fight and
all is fair between them, and one kills the
other, the community don't ordinarily
seem to feel much concern on the subject.
Under such circumstances, the only way
for Montana was to provoke Tom to a
quarrel, and lead up 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 go
to another, just to keep out of the way
Montana followed him up, until at last,
standing right before Tom, he jumped up
about two feet from the floor, and came
down with heavy jar, and said, "I'm
chief!'' Even this Tom didn't resemble
only put his hands over his face and wept,
Fact, sir, the tears actually flowed, until
his best friends thought him an arrant
coward; 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."
'sMontana enjoyed season of glory. He
had said, ssI'm chief" in public place
and no man had dared accept the chal
lenge."
ssThe next morning Tom was standing
on the sidewalk, when Montana came
along, and they met face to face. Ton
spoke to him in very quiet, low tone, say
1 ing:
sStranger, you used me pretty rough last
night, but 1 don't bear malice. just say
i that you'd been drinkin' and didn't mea1
it. and we'll say no more about it. -
Montana answered: ''No apologies il
4 mine.''
/ sWen,'' said Tom, s'you needn't apollo
gise; come into the saloon and chink glass
es with me, and we'll let the matter drop.