The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-12-17
THE JUDGES STORY.

81 don't see how l could have done
more for him than l did but still the
man should not have punished-he
should have been acquitted"
With these words the Judge awoke
to the consciousness that he had fell
low-traveler; and then, as if some ex-
planation Of his remark would be in
order, he went on:
1--WE had very interesting trial in
Austin last week, Tom Carberry--Irish
Tom he is called-was tried for mur-
der. | defended him; and never strug-
gled harder for client in my life.
For a week before, and throughout the
trial, worked night and day to look
up testimony, and to present the case
to the jury in the best possible light.
| consulted with all the attorneys not
engaged for the prosecution. We got
him off with three years for the Peni-
tentiary; but he ought not to have
been punished-he should have been
acquitted"
The fellow passenger queried as 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 a 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.'
"'It 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 sprlng, said the
unrelenting 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 freely announced that he was on
his way to kill Carberry.
Tom heard of it, but he took nc
steps either to get out of the way OF
TO be specially prepared to see compa'
ny. He was then employed at Key.
stone Mill, nine miles from town, and
he staid there nearly whole week af-
ter he knew the Montana chap was in
Austin. You see, Tom is 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 al
this point, but saying nothing, the
Judge proceeded:
Saturday evening, just as usua
with him, Tom came into the city ,and
after getting shaved and fixed up fol
bis holiday, he went around to the sa
looms, where many of the people o
mining towns spent their leisure, tt
: meet his friends. 1t wasn't long til
he encountered the Montana fellow
e who began at once, in Toms hearing
! to make insulting remarks"
# Here the listener interrupted will
-"Why did he make insulting re
p marks? If he had made a journey
solely for the purpose of killing Tom
Z why didn't he shoot him off-hand? ?
because" said the Judge, "tha
would have beer murder. The com
munity is down on murder, and h
would have been dangling from a
awning beam in fifteen minutes. Kill
ing is very different matter Whe
two men get into q fight, and all
u fair between them, and one ILLS tn
other, community don't ordinarily seer
much concern in the subject. Unde
such circumstances, the only way fo
;, Montana was TO provoke Tom to quar-
;. rel, and lead him to fight. But Tol
II Il wasn't disposed to crafty him-h
b. wouldn't take any notiee-didn't seel
B. to hear; but repeatedly left one saloo
to go to another, just to- keep out
the way Montana followed him u
8, until, at last, standing right befol
Tom. he jumped up about two fe
D, from the floor, and came down with
heavy jar, and said; I'm Chief?' Eve
= this Tom didn't resent, and when
IL got up and went away to his room
K bed, there wasn't one of them to say
good word for him.
Montana enjoyed season Of glor