Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-11-17

have peel punisned, he should have been ac-
quilted"
with these WORDS the Judge awoke to the
consciousness that he had fellow passenger;
and then, as II some explanation of his
remark would be 10 order, he went on:
1--WE had very interesting trial In Austin
last week. Tom Carberry-I Irish Tom he is
called was tried for murder. defended him
and never struggled harder for client in my
life. Fora weak before, and throughout the
trial, worked night and day to look up testi.
mony, and to present the case to the jnry In
the most plausible light. consulted with all
the attorneys not engaged for the prosecution
We got him off with three years In the penl-
tentiary but he ought not to have been
punished-he should have been acquitted"
The fellow passengers queried as 10 the cir
cumstances attending the alleged murder, and
the Judge answered:
"They wer> very peculiar and that is
why the tiial 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, 10 stake up with a new man." she
named her terms
xiii Thomas Carbery, of Austin City, Ne
vada."
'sBat never saw nor heard of tue man, said
the Montana aspirant.
"Neverthe less" said she. kill Tom Car
berry,"
aft is the depth of winter, he objected.
''and we are hundreds of miles from Austin.
The journey can not now be made"
"kill him In the spring." said the unrelentine
woman.
"Yes," said he, and the strange compact wa,
sealed.
With the opening of travel in the spring
there arrived at Salt Lake City, by the Mon
tans stage, an Individual who freely announc.
ed that he was on his way to kill Tom Carberry.
Salt Lake City Is long way from Austin, bat
the friendships of border men span much great
| er distances.
| Tom was quickly advised of the approach of
bis visitor but he took no steps either to get out
OF the way orto be specially prepared to see
company.
He was them employed at the Keystone Mill,
nine miles from town, and he stald there uesr-
| ly whole week after lie knew that the Mon
tsna chap was in Austin.
You see, Tom is a peaceable man, aud 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 proceed.
Saturday evening, just as usual with him
rom came into the city, and after getting shaw
ed and liked up for his holiday, he went around
to the saloons, where many of the people OF the
mining districts spend their leisure, to meet
their friends.
1t wasn't long before he encountered the |
Montana fellow, who began at once, in Tom s |
nearing, to make Insulting remarks"
Here the listener interrupted with--"Why |
did he make insulting remarksf 1.-The had made |
a long Journey solely for the purpose ofklllng |
rom, why didn't he shoot him off-haud?"
Because" said the Judge, that would have
been murder. The law Is down on murder
and he would have been dangling from AN avn
Ing beam In fifteen minutes. Killing Is differ
eht matter. When two men get In fight and all |
is lair between them, and one kills the other,
community don't ordinarily seem to feel much
concern on the subject. Under such circum-
stauces, the only way for the Montana was to
WT6oYSdks W6d Tom TO quarrel, and lead up to fight.
but repeatedly loft one saloon to go to another,
to keep out of the way. The Montana chap
followed him up, until, at last, standing right
before Tom, be jumped up about two feet from
the floor, and came down with heavy lar, and
said, ''I'm Chiefp' Even this Tom didn't re-
sent--he only put his hands over his face and
wept Fact, sir, the tears actually flowed, un-
til his best friends thought he was an arrant
coward; and when he gotup and went to his
room to bed there wasn't one of them to say
good word for him.
"The Montana fellow enjoyed season of
glory. He had said, "I'in Chief" In a public |
place, and no man had dared accept the chal- |
lenge.
THE next morning Tom was standing on the |
sidewalk, when Montana came up, and they |
met face to face. Tom spoke TO him in very |
quiet, low tone, sayiug:
''Stranger, YOU used me pretty rough last |
night, but don't bear malice. Jest say that |
you'd been drinkin' aud didn't mean it, and
ven say no more about it,
'fMoptana answered, mo apologies n mind.
"'Well,' said Tom, 'you needn't apologize,-
Come into the saloon aad chink glasses with
ma AMI we'll let the matter droD.
"Then Montana SAID, Tom Carberry, either
you're generous. or else you're o coward. |
don't think you re Gowardly, an I'd known you
at the start, ITS likely wouldn't ha' waded in.
But the matter can't he let drop, for there's
hundreds Of people IN my section an between
here and there who knows that came here to
kill you, so there's but two ways-we must
fight OR you must run. If you'll run, il II be
jest as good TO me ss 10 fight
"Tom's almost suppllant bearing disappeared
on the instant, aud he said Stranger, | amt
much In the habit o. runnin', an' If we're to
fight, we may as we'll have 1t out now as any
time. Are you heeled"
"rom asked this question, because We have
law against carrying concealed weapons, which is
regarded at such Lours as people think they
will have no Use for their arms, and disregsrded
at all others.
"The an.wer was, no; left my revolver
with the barkeeper o. the Exchanye.'
"'Get IT, said Tom Tll wait for you here
"The Exchange was 10 q corner building
across a street which came in al right angles
to the sidewalk where they were standing
Montana went In at The front door, but came
out at tbe side on the cross street, hoping to
steal up and get the drop on Tom, but this wasn't
so easy. 7 ON was wide awake--he had crossed
| the main str act 10 guard against surprise so,
when Montana poked his pistol ound the
corner and followed it with just enough of his
head to take sight, Carberry was lIat in range
! In a moment their eyes met and the shooting
began Tom curled down close to the road.bed
to present the smallest possible srea us mark,
and because 1t is comparatively difficult to hit
an object on the ground. Montana sheltered
himself somewhat behind a low row OF sacks OF
potatoes lying OH the edge of tina sidewalk, and
partly behind small awning post. This last
was fatal error for with tall post for q mark
1t Is the easiest thing in the world to make a
line shot.
ii am making a long story Of the shoot
Ing, which in reality was very soon over. They
fired three shots apiece In as many seconds
Toms third ball passed through Mantanas head
and he was dead before his head rebcunded on
the brick pavement. Carberry surrendered
himself at once, and was kept In Jail until his
, trial came off, although bail 10 any amount was
offered"
Afler pause the Judge added, 81 don't see
: how could have done more for him than did
= but the man 81 suld not have been punished
l he should have been acquitted; aud lie would
have been but for one circumstance, which
pre1ndiced the Court and Jury against him."
"What was the cilcuInsai ce so prejudcialp p
!, questioned the listener. ..
g eth. Montana chap was the fourth maj
e Tom had killed In Auslu," snsw ero the nudge
b ianocenlly.
:. u -.-..-