Weekly Trinity journal., 1873-11-08
THE JUDGES STORY.
BY LOWELL WHITE.

81 don't see how I could have done
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
the consciousness that he had q fellow
traveller: and then, as if some explana-
ton of his remark would be in order, he
went on
We had very interesting trial in
Austin last week. Tom Carberry-Irish
Tom, he is called-was tried for muir
der. defended him and never struggled
harder for client in my life. For a
week before, and throughout the trial,
worked night and day to look up testimo-
ny, and to 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 fellow-passenger queriec as to the
circumstances attending the alleged muI-
der, and the judge answered:
"They were very peculiar, and that is
the reason why the trial was so very in
teresting. 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 new man, she
named her terms
"Kill Tom Carberry, of Austin, Ne
vada."
But l never saw or heard of the
man," said the Montana aspirant.
Nevertheless, said she, " kill Tom
Carberry."
at is the depth of winter" was OBJ
served, "and we arc hundreds of miles
from Austin. The journey cannot now
be made"
"Kill him in the spring." said the un-
relenting woman.
"Yes," said he, and the compact was
sealed.
With the opening of travel in the
spring, there arrived at Salt Lake City,
an individual who freely announced that
he was on his way to kill Carberry.-
Salt Lake City is long way from Aus
tin, but the friendships of border mon
span much greater distances. Tom was
quickly apprised Of the approach of his
vi h,,t ha fnoIr 10 aithar
out of the way, or to be specially prepar-.
ed to see company. He was then en-
poyed at the Keystone Mill, nine miles
from town, and he staid there nearly n
whole week after he knew that the Mon
tana chap was in Austin. You see, Tom
was peaceable man, and he didn't want
any difficulty. Most men would have
come mat once, and got the affair off
their hands"
The listener entertained some 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 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 made insulting remarks
If he made 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. Tne commun-
ity is down on murder, and he would
have been dangling from an awning-bea
in fifteen minutes. Killing is a very diff
fercnt matter. When two men get into
fight, and all is fair between them, and
one kills the other, community don't or
dinarly feel much concern on the sub
ject. Under such circumstances, tho on
ly way for Montana was to provoke Tom
to a quarrel, and lead up to fight. But
Tom wasn't disposed to crafty him-he
wouldn't take any notce-didn't seem
to hear but repeatedly left ono 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, and
said I'm Chiefi' Even this Tom didn't
resent-he only put his hands over his
face and wept. Fact, sir, the tears actu-
ally 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 Que of them to say
good word for him.
Montana enjoyed season Of glory
He had said I'm Chiefp in public
place, ard no man had dared accept the
challenge.
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"
WE'LL" 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 Carberry,
either you're generous, or else you're