The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1873-12-04
THE JUDGES STORY.

THE JUDGES STORY.
"I don't see how could have done
more for him than 1 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 fellow
traveller; and then, as if some explana-
tion of his remark would be in order,
he went on:
+" We had a very interesting trial in
Austin last week; Tom Carberry-
Tom he is called-was tried for murder.
1 defended him, and never struggled
harder for a client in my life. For
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 get
him off with three years in the peniten-
tiary but he ought not have been pun
ished-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 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 a new man. she
named her terms:
"'Kill Tom Carberry, of Austin, Ne
vada.
"'But never saw or heard of the
man" said the Montana aspirant.
Nevertheless, said she, kill Tom
Carberry.
"'It is the depth of winter, was OBJ
ieoted, and we are hundreds of miles
from Austin. The journey cannot now
be made
"'Knl 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 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 no knew that the Montana
chap was in Austin. You see, Tom is a
peaceable man, and he didn't want any
difficulty. Most men would have come
in at once, to get the affair or their
hands?"
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 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 at 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 solely
for che purpose of killing Tom, why
didn't he shoot him off-hand ?"
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
a 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 gratify 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,
aud 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 10 his room to bed, there wasn't
one of them to say good word for him.
Montana enjoyed a season of glory.
Ho had said, Tn chief = in a public
place, and no man had dared accept the
challenge.
The noxt morning Tom was stand
ing on the sidewalk, when Montana
came along, and they met face 70 face.
Tom spoke to him in very quiet, low
tone, saying
"'Stranger, you used me pretty
rough last night, but I don't bear
malice. Jest say that you'd been
drinkin' and didn't mean it, and Wen
say no more about
Montana answered NO apologies
in mine.
Well, said Tom, you needn't apol-
ogize, come into the saloon and chink
glasses with me, and ven let the matter
drop.