The Somerset press. [volume] (Somerset, Ohio) 1873-1977, 1873-11-21
MISCELLANY.
THE JUDGES STORY.

he went on:
"We had a very interesting trial in
Austin last week; Tom Carberry-
Tom he Is called-was tried fer murder
| defended him, and never struggled
harder for a client in my life. For a
week before, and throughout the trial, l
worked night and day to look up testi-
mony, and to present the case to the
Jury in the best possible light. l con-
suited with all the attorneys not engag-
ed for the prosecution. We got him off
with three. years in the penltentiary;
but he ought not 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 in
teresting. 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:
aKiIl Tom Carberry, of Austin, Ne
vada.'
"But never saw nor heard of the
man." said the Montana aspirart.
''Nevertheless,' said she, kill Tom
Carberry.'
"Tt is the depth of winter was OBJ
..I I'll ,,-o aro buDJra1a of mi les
from Austin. The journey cannot now
be made
"KiIl him in the spring. said the
unrelenting woman.
ayes 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 ad-
vised of the approach of his visitor,
but he took no steps either to get out
of the way or to be specially prepared
to see company. He was then employ
ed at the Keystone Mill, nine miles
from town, and he stayed there nearly a
whole week after he knew that the Mon
tana chap was in Austin. You see, Tom
is peaceabIe man, and he didn't want
any difficulty. Most men would have
= - o,,aoe ,1J cot tI,a a fair off
their hands,!
The listener entertained doubts al
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 holi-
day, he went around to the saloons
where many of the people of the min
ing towns spend their leisure, to meet
his friends. 1t wasn't long before he
encountered the Montana fellow, who
began al 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 solel!
for the Purpose Of killing Tom, VIII,
didn't he shoot him off-hand?'
Because" said the Judge, 'tha
would have been murder. The commu
nifty is down on murder, and he woulC
have been dangling from an awning
beam in fifteen minutes. Killing is
L if,. "a,
get into fight, and all is fair betweel
them, and one kills the other, commu
nifty don't ordinarily seem to feel muc
concern on the subject. Under sucl
circumstances, the only way for Mon
tana was to provoke Tom to a quarre
and lead up to fight. But Tom WASH
disposed to crafty him-he wouldn
take any notice-didn't seem to heal
but repeatedly left one saloon to go t
another, just to keep out of the way
Montana followed him up until, at las
standing right before Tom, he jumpe
up about two feet from the floor, an
came down with heavy jar, and sale
'Pm Chief!' Even this Tom didn't II
sent-he only put his hands over h
face and wept! Fact, sir, the tears a
tually flowed, until his best frienC
thought he was an arrant coward; an
when. he got up and went away to h
room to bed, there wasn't one of them
say good word for him.
montana enjoyed a season of glor
He had said, 1'm Chiefp in publ
place, and no man had dared accept Il
challenge.
"The next morning Tom was standir
on the sidewalk, when Montana can
along, and they met face to face. To
spoke to him in a very quiet, low tor
saying:
"Stranger, you used me pretty roul
last night, but don't bear malice. il
say that you'd been drinkin' and did,
mean it, and well say no more about
Montana answered: NO apologies
mine
"Well, said Tom, you needn't apol
gize, come into the saloon and chi
glasses with me, and we'll let the matt
Drop
"Then Montana said: Tom Carb
ry, you're generous, or else you're
coward don't think you're coward
an If I'd known you at the start,
most likely / wouldn't ha' waded
But the matter can't be let drop,
there's hundreds of people in my sect
an between here and there who KIN
that came here to kill you; so ther
but two ways-we must fight, or y
must run. If you'll run, it'll be jest
good to me as the fight
"Tom's almost suppliant bearing
appeared ON the instant, and he "a
Stranger, / amt much in the habit
runnin,' an if we're to fght we may
well have it out now as any time. 4
you heeled?'