The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1873-12-02
Selfrf Stnrp.
THE JUDGES. STORY.

l. 3
~ don't see how I could have done
more for him than / did,; but still the
man should not have been punished
should have been acquitted
With these words the Judge awoke to
the consciousness that he had fellow.
traveller; and then, as if some explana.
ton of his remark would be in order,he
went on: tR- ib+'t '-t@ a3st
ssWe had a very interesting trial in
Austin last week Tom CarberryAI Irish
Tom, he Is called was tried for muruer
| defended him. and never struggled
harder for a client in ,nydli lite For a
week before, and throughout the trial, /
worked night and day to look up testi-
snony and to present the case 10 the sary
in tile best possible light 1 consulted
with all the attorneys not engaged for
the prosecution. We got him Off with
three years i'm the penitentiary-he
should have beenascqditted y ossF e
Tie fellow-pssseneer queried ss tothe
circumstances attending the alleged mur-
der, and the Judge answered: 7'a
"They were very peculiar, and that is
the reason why the trial was 80 interest
ing a woman up in Montana, who
never saw Tom Carberry, thought he had
done her great wrong; and so, when
she was asked. as the phrase is. sto take
ap with another man. she named her
terms. iseeSiSfl - a{as ~
"KiF Tom Carberry, of Austin, Neva-
da 4" Hs ii9Welis AAa si3s5L & 80
"Bat | never saw nnor heard of the
man." said the Montana aspirant. s
Nevertheless said she, skill Tom
Carbeiry" ~ 5thB div ,et12as
'.It is the depth of winter" was OBJ.
jected, "and We are hundreds of miles
from Austin. The journey canno. now
be made" is5"
xii him in the spring." said the un-
reIen'ing woman FSeRs H1ARfsss
Yes" said he, and the compact was
sealed Stats q E.rKH sesr
With the opening ofstravel in the
spring there arrived at Salt Lake City, by
the Montana stage, an individual who
freely announced that he was on his way
to kill Carbefry. Salt Lake City is a
long way from Austin, hut the friendship
of border men span much greater dis
tanees.q Tom was quickly advised OF
the approach of his visitor, but he took
no steps te he specially prepared TO see
company. Hewas then employed atlthe
Keys:one ili,nine miles from town, and
he staid there nearly whole week after
be knew. that the Montana chap was in
Austin. You see, Tom is peaceable
man.and heiiidn't want any difficulty
Most men would have come in Vi once,
and got the affair off their hands, .RSaq
The listener entertained doubts at this
point, but saying nothing, the Judge pro-
ceeted :El AaeY8s nlG f3slsb
Saturday evening, just as usual with
him, Tom came into the city, and after
getting shaved aud fixed up for his holi.
day. he went around to the saloons,
where many OF the people of mining
towns spend their leisure, to meet bis
friends. 1t wasn't long before he en-.
eountered the Montana fellow, who be-
CANA onee,.in Toms hearing, to make
Insulting remarks y 8 s 5.
nsIiere the listener interrupted. with:
| ss'Whyedid he make insulting remarks
If he7had made a long journey snlely
for the purpose OF killing Tom, why
didn't he slioot him off. .handl'' ts. if
because said the judge, "that
would have been murder The com
munity is down ON murder, and be
would have been dangling from an avn
ing beam in fifteen minutess Killing is
very different matter. When two men
get into fight, land all ia fair between
them, and one kills the other, commu
nifty don't ordinarily seem to feel much
concern on the subject. Under such
circumstances, the only way for Mon
tsna was to provoke Tom to quarrel,
and lead-up to a fight But Tom was
not disposed TO crafty. him--he
wouldn't take any notiee--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 st,standing right before Tom,
he jumped up about two feet from the
floor. and came down with heavy jar,
and said, I'm ehief!' Even this, Tom
didn't resent he only ppt his hands
over his face and wept! Fact, sir, the
! tears actually flowed, until his ,bes'