The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-12-08
TIE JUDGES STORY.

With these words the Judge awoke to
the consciousness that he had q fellow
traveller; and then, as II some explana-
tion OF his remark would be in order, he
went on:
"We had avery interesting trial in
Austin last week; Tom Carberry-IriGh
Tom he is called-was tried for murder.
l defended him, and mover struggled
harder for client in my life. For n
week before, and throughout the trial,
/ worked night and day TO look up tes-
timony, and TO present tho case to the
Jury in the best possible Light. con.
suited with all the attorneys not en-
gagged for the prosecution. We got him
of with three years in the penitentiary;
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 tho reason why the trial was so very
interesting. A woman up In Montana,
who never saw Tom oarberry, 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:
"Kill Tom Carberry, Of Austin, Ne.
yada.'
"'But never saw nor heard Of the
man, said the Montana aspirant.
Nevertheless, said she, kill Tom
Carberry.'
ait Is the depth of winter, was OBJ.
iected, and We are hundreds Of miles
from Austin. The journey cannot now
be made.
"lKiil him in the spring, said the
unrelenting woman.
"'Yes, said he, and the compact was
sealed.
"With the opening of travel in spring
there arrived Rt Salt Lake City, by the
Montana stage, an individual who freely
announced that he was on his way 10
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 ho took
no steps either to get out OF the way or
to To specially prepared to SEQ 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
chnp was in austin. You see, Tom Is a
peaceable man, and ho didn't want any
difficulty. Most men wonld have come
in at once, and got the affair OF their
haudsm
The listener entertained doubts at
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.up 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. 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
II he had made long journey solely
for the purpose Of killing Tom, why
didn't he shoot him oif.hand p
Because" said the Judge, "thnt
would have been murder. The com.
munity is down on murder, and lie
would have been dangling from IN
awning-beam in fifteen minutes. Kill.
ing is very different matter. When
two men get into a fight, and all is fair
between 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 quarrel, and lead up to q 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. Montanaiollowed 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 r
Even this Tom didn't resent-he only
puts his hands over his face and wept
Fact, sir, the tears actually flowed, Iln.
til his best friends thought lie was IN
arrant coward and when he Gun
and went away to his room to bee,
wasn't one Of them to say good 4 -,
Of him. IA
"ATontana enjoyed q season pglory.
He had said, I'm Chief 7 ipA public
place, and no man had dared accept the
challenge.
"The next morning Tom was stand.
ing on the sidewalk, when Montana
came along, and they met face to face.
Tom spoke to him in very quiet, low
tone, saying:
"iStfanger, you used me pretty
rough last night, but l don't bear NAL.
ice. Jest say that you'd been drinkin'
and didn't mean II, and we'll say no
more about IL.
Montana answered "No apologies
in mine
"fwell, said Tom, you needn't
apologize, come into the saloon and
chink glasses with me, and we'll let the
matter DROP ..
"Then Montana said; Tom Car.
berry, either you're generous, or else
you're q coward. / don't think you're
cowardly, an il I'd known you 1t the
start, it's most likely I wouldn't ha'
waded in, But the matter can't be let
drop, for there's hundreds Of people In |
my section nm between here and there
who know TINT came here TO kill you
so there's but two ways-we must fight,
or You must run. II you'll run, ipIl be |
lest as GOOD to me as to fight
6Tom's almost suppliant bearing
disappeared on the instant, and he
soid - gtrnn per. / ain'k much In the