Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1873-12-10
The Nevada judges Story.

uOA SEQ INV l. Couiu hoNC uoLe
more for him than l did but still the
man should not have been punished
he should have been acquitted.
With these words the judge awoke to
consciousness that he had q fellow.
traveller; and then, as if some explana-
ton of his remark would be in order,
he went on:
1--WE had q very interesting trial in
Austin last week. Tom Carberry-
Irish Tom, he is called-was tried fol
murder. defended him, and never
struggled harder for client in my life.
; For q week before, and throughout the
trial, I worked night and day to look
!. up testimony, and to present the case
|, to the jury in the best possible light.
/ consulted with all the attorneys NOT
engaged for the prosecution. We go,
him off with three years in the peniten-
tiary; but he ought not to have been
punished-he should have been ac-
quilted"
J 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
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 q new man, she
named her terms:
Kill Tom Carberry, of Austin, Ne
vada.'
"'But never saw nor heard of the
man, said the Montana aspirant.
Nevertheless, said she, kill Tom
Carberry.'
"'It is the depth of winter was OBJ
ljected, and we are hundreds of miles
from Austin. The journey cannot now
be made
"'Kil him in the spring. said the
unrelenting woman.
Yes, said he, and the compact was
sealed.
''With the opening of travel 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 Carberry. Salt Lake
City is q long way from Austin, but the
friendship 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 specially prepared
to see company. He was then employed
at the Keystone Mill, nine. miles from
town, and he staid there nearly a whole
week after he knew that the Montana
chap was in Austin. You see, Tom is
peaceable man, and he didn't want
any difficulty. Most men would have
come in at once, and got the affair off
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
holiday, he went around to the saloons,
where many of the people of the mining
towns spend their leisure, to meet his
friends 1t wasn't long before he en-
countered the Montana fellow, who be-
gan at once, in Toms hearing, to make
insulting remarks.
Here the listener interrupted with
"Why did he make insulting remarks ?
If he had made q long journey solely
for the purpose of killing Tom, why
didn't he shoot him off hand ?"
Because" said the Judge, "that
would have been murder. The commu-
nifty is down on murder, and he would
have been dangling from an awning
beam in fifteen minutes. Killing is a
very different matter. When two men
get into a quarrel, and all is fair be-
tween them, and one kills the other, the
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 a 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 60 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 a
heavy jar, and said, I'm chiefp 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
coward and when he got up and went
away to his room to bed, there wasn't
one to say good word for him.
Montana enjoyed q season of glory.
He said, I'm chief 7 in q public place,
and no man had dared accept the chal-
lenge.
"The next morning Tom was standing
on the sidewalk, when Montana came
along. and they met face to face. Tom
spoke to him in very quiet, low tone,
saying:
"'Stranger, you used me pretty rough
last night, but don't bear malice. Jest
say that you'd been drinkin' and didn't
mean it, and we'll say no more about
it.
Montana answered, NO apologies
in mine
"'Well, said Tom, 'ysu needn' apol-
ogize. Come into the saloon and chink
glasses with me, and we'll let the matter
DROP a..--.
"Then Montana said, Tom Carberry,
either you're generous, or else you're q
coward. don't think you're covardly,
an if I'd known you at the start, it's
most likely 1 wouldn't ha' waded in.
But the matter can't be let drop, for
there's hundreds O. people in my sec
ton an between here and there who
know that 1 came here to kill you so
there's but two ways-we must fight or
you must run. If you'll run, it'll be
Just as good to me as to fight.
Toms almost suppliant bearing dis
appeared on the instant, and he said
Stranger, amt much in the habit O.
runnin', an if we're to fight, We may as
we'll have il ont now as auy time. Are