The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1873-11-27
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THE JUDGES STORY.
II don't see how could have done more for
Him than + did but still the man should not
have been punished-he should have been ac-
auitted." With these words the Judge awoke
to.the consciousness that ne had fellow tray
eler and then, as if some explanation OF his
eve had very interesting trial in Austin
last week. Tom Carherry-Irish Tom he is
calledAwas tried for murder. l defended him,
and never struggled harder for client in my
life. For week before, and throughout the
trial, worked night and day to look up tes!l-
mony, and to present the case to the jury In
thebest possible light. / consulted with all
the attorneys not engaged in the prosecution.
We got him off with three years in the penl.-
tentiary; bat he ought not have been punished
he should have been acquitted" The fellow
passenger queried as to the circumstances at
tending the alleged murder, and the Judge
answered: saaThey were very peculiar, and
that is the reason why the trial was so very in
tsresting. A woman up. in Montana, who
neyersaw Tom Carberry, thought that he had
8
asked, as tae phrase is, to take up with new
man. she named her terms: Kill Tom Car
berry. of Austin, Nevada Bu never saw
nor heard of the man. said the Montana as
pirant. Nevertheless, said she, kill Tom
Carberry.' 1t is the depth of Winter, was
objected, 'and we are hundreds of miles from
Austin. The journey cannot now be made,
Kill him in the Spring?' said the unrelenting
woman. YES said he,. and the compact was
sealed
"With he,openingof travel in 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 a long way from Austin, but the friend
ships of border men span much greater distan-
oes.. Tom was4uickly 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
stayed; there nearly whole week after he knew
that the Montana chap was in Austin. You
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 peo-
pie of the mining towns spend their leisure, to
meet his friends. 1t wasn't long before he
encountered the Montana fellow, who began at
ence, in Toms hearing, to make insulting re-
marks.n - =
Here the listener interrupted with: "Why
did he make insulting remarksf If be had
made long journey solely for the purpose Of
killing Tom, why didn't he shoot him off
handf'' Because" said the Judge, "that
would have been murder The community is
down on murder, and he would have been
dangling from an awning beam IN fifteen min
ntes. killing is very different matter
When two men get into fight, and all is fair
between, them, and ono kills the other, commu-
nifty 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 fight. But Tom
wasn't disposed to crafty him-he wouldn't
take any notice-didn't seem to hear; but re-
peatedly left one saloon to 90 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
q floor, and came down with heavy jar, 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,
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 Of them to
soy good word for him.
Montana enjoyed season of glory. He
had said, 'Pm Chiefp in public place, and no
man had dared to accept the challenge. The
next morning Tom was standing on the side
walk, 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.'
tWeil,' 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,
cowardly, an if I'd known you at the start it's
most likely wouldn't have waded in. But the
matter can't be let drop, for there's hundreds
of people in my section, and between here and
there. who knows that came here TO kill you !;
so there's but two ways-we must fight, or you
must rum, If you'll run it'll be jest as good to
me as to fight
. seTou,'s almost suppliant bearing disappeared
ON the instant, and he said: Stranger, amt
much in the habit o. runnin', an if we're to
fight we may as well have it out now as any
time. Are you heeled !? Tom asked this
question because we have law against carry
ing concealed weapons, which is regarded at
such hours as people think they will have no
use for their arms and disregarded at all others.
Tie answer was: NO; I left my revolver with
the bar keeper Of the Exchange Get it,
said Tom, pll wait for you here The Ex-
change was in corner building across a street
which came in at right angles to the sidewalk
where they were standing. Montana went in
the front door but came out at the side on the
cross street hopiug to steal up and get the