The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1873-11-28
THE JUDGES STORY.

The JUDGES > SIORH.
''I don't see how [ could have done
more for him than I 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 a fellow
traveller; and then, as if some explana-
ton of his remark would be in order,
he went on:
eve had a very interesting trial in
Austin last week; Tom Carberry
Tom he is called-was tried for murder.
I defended him, and never struggled
harder for a client in my life. For a
week before, and throughout the trial,
I worked night and day to look up tes-
| timony, 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 peniten-
tiary but he ought not have been pun
ished-he should have been acquitted" L."
The fellow-passenger queried as to
| the circumstances attending the alleged
murder, and the Judge answered:
"They were very peculiar, and this
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
is, 'to take up with new man, she
named her terms:
'''Kil Tom Carberry, of Austin, Ne
vada.
'''But l never SAW or heard of the
man," said the Montana aspirant.
Nevertheless, said she, kill Tom
Carberry.'
''sIt is the depth of winter, was OBJ
/ jected, 'and we are hundreds of miles
from Austin. The journey cannot now
be made
'''KilI him in the spring, said the
unreIenting 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 a 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 especially prepared
to see company. He was then employed
at the Keystone mill, nine miles from
town, and he stayed there nearly q whole
week after he knew that the Montana
chap was in Austin. You see, Tom is
peaceabIe man, and he didn't want any
difficulty. Most men would have come
in at once, to get the affair off their
hands?7
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 fxed-up for his hOIi-
day, he went around to the saloons,
where many of the people of the min
ing towns spend their leisure, to meet
his friends. It 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 a.?
If he had made a long journey solely
for the purpose of killing Tom, why
didn't he shoot him off-band? ?"
Because" said the Judge, "that
would have been murder. The COM
munity is down on murder, and he
would have been dangling from an avn
ing-beam in fifteen minutes. Killing IS
very different matter. When two
men get into a fight, and all is fair be
tween them, and one kills the other,
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 quar-
rel, and lead up 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 a heavy jar,
, and said: I'm chiefr Even this Tom
didn't resent-he only put his hands
over his face and wept Fact, sir, the
tears actually flowed, until his best
friends thought he was an arrant COW
ard; 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.
Montana enjoyed a season of glory.
He had said, I'm chief g in a public
place, and no man had dared accept the
challenge.