The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-12-06

Il don't see how | could have done more
Tor him than | did but still the man should
not have been punishcd-hc should have
been acquitted"
With these words the Judge awokc to
the consciousness that he had Il fellow tray
cler; and then, as if some explanation of
his remark would be in order he went on !:
ave had very interesting trial in Aus
in last week Tom Carberry Tom
he was called-was tried for murder.
defended him, and never struggled harder
for a client in my life. For week before,
and throughout the trial. / worked night
and day to look up testimony, and 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 in the penitentiary,
but he ought not to have been punished
he should have been acquitted"
The tellow-passenger queried as to the
circumstances attending the alleged MUIR
der, and the Judge answered.:
They were very peculiar and that is the
reason why the trial was so interesting \
woman up in Montana, who never saw Tom
tarberry, thought he had done her great
wrong; and so, when she was asked, rs the
phrase is, to take up with new man, she
named her terms:
xiii Tom Carberry, of Austin, Nevada"
But never saw or heard Of the man,
said the Montana aspirant.
Nevertheless, said she, skill Tom Car
berry"
ut is the depth of winter was object
ed, ''and we are hundreds of miles from
Austin. The journey can not now be
made"
in lao ..nil tl,,. IN.
lcnting woman.
"Ycs," said he, and the compact wa,
sealed
"Witli the opening of travel in the spring
there arrived at Salt Lake City, by the Mon
tana stage. an Individual who freely an
nounced that he was on his way to kill Ton
Carbcrry. Salt Lake City is long way
from Austin, but the friendships of border
men span much greater distances. Ton
was quickly advised of the approach Of hi
visitor, but he took no steps either to &c
out of his way or be specially prepared t.
see company. He was then employed n
the Keystone Mill, nine miles from town
and he stayed there nearly whole weel
after he knew that the Montana chap wa
in Austin. You see, Tom is II peaccabl
man, and he didn't want any difficulty
Most men would have come in at once AM
rot the affair Off their hands -
The listener entertained doubts at thi
point, but saying nothing, the Judge pro
cecded:
Saturday evening, Just as usual wit
him, Tom came into the city, and after get
ting shaved and fixed up for his holiday
he went around to the saloons, where man
Of the people of mining towns spend thei
leisure, to meet his friends. 1t wasn't Ion
before he encountered the Montana fellow
who began at once, in Tom, hearing. t
make insulting remarks"
Here the listener interrupted wth-If II
had made II long journey solely for the pur
pose of killing Tom, why didn't he shoe
him oh-hand?"
Because said the Judge 'that woul
have been murder The community
Town on murder, AND he would have bee
dangling from the awnng-beam in fiitee
minutes. Killing is n very different matter
when two men get into fight. and all
fair between them, and one kills the Other
community don't ordinarily seem to fe,
much concern on the subject. Under sue
circumstances, the only way for Montan
was to provoke Tom to quarrel, and lea
M to fight. But Tom wasn't disposed I
crafty him-hc wouldn't take any notice
dlidn't seem to hear; but repeatedly left on
saloon to go to another, just to keep out
the way. Montana followed him up, unit
At last, sanding right before Tom, he juml
cd up about two feet from the floor, NJ
came down with heavy jar, and said, 81
Chief" Even this Tom didn't resent
only put his h nd over his face and wcp
Fact, sir the tears actually flowed, UNI
his best friends thought he was an ARA
coward; and when he got up and we
away to his room to bed, there wasn't OF
Of them to say good word for him
"Montana enjoyed season of glOr
lie had said, "I'm Chiefn in public pla
and no man, had dared to accept the chs
lenge."
''The next morning Tom was standil
on the sidewalk, when Montana came aloi
and they met face to face. Tom spoke
him in very quiet, low tone, saying
stranger, you used me pretty rough Ia
night, but | don't bear malice. Jest s.
that you'd been drinkin' and didn't mean
and wen say no more about it,"
Montana answered, ''No apologies
mine"
"Weil," said Tom, "you needn't apoI
gize. Come into the saloon and chi
glasses with me, and wen let the matt
drop"
Then Montana said, "Tom Carberr
either you're generous, or else your
coward. / don't think you're coward
an if I'd known you at the start, it's IN,
likely / wouldn't ha' waded in. But /
matter can't be let drop, for there's hu
dred's o. people in my section an betwe