Wilmington daily commercial., 1873-12-20
ne JUDGES STORY.

lllu th''
been ., beso words the Judge awoke to the CON
N'D tbat he had fellow traveller and
'aOu'' :, some explanation OF his remark
'p'' 'M la in order, he went on;
suIr had very interesting trial in Austin last
Fam oarberry--Irish Tom he is called
Vas tried for murder -.-.,.a h.rd.r
.,,.nt in my life For week before, aud
~ ,-,,,,out the trial, worked night and day to
Nip1o %, testimony, and to present the case to
loOA w w M iA,, best possible light. l consulted
uVI M tue attorneys not engaged Tor the pros
VIA a' Ma rot hum on with three years in the
su',,'snlilry; but he ought not 20 nave Deeh
p,,,.hs1 lie should have been acquitted
pallslt t.ilow passenger queried as to the cir
Ius .'c,. 'V"y attending the alleged murder, and
Me- Judge aDswerel; .na.h.ti. the ra.son
l,fo ln'' trla was SO very interesting. woman
W., W.; Montana, who never saw loin OArperfy,
" lisi ~ that hs had doue her great wrong aud
WOuo 4, up with u new man, she named her
terms v4,i Tam Carberry, OF Austin, Nevada"
..l.,, h. never saw nor heard OF the man." said
bs Montana aspitan.. ,,,,t NJ. r,,.
"~Nsyellheloss, SAID she, XIII Iom Oaroer-
" the depth of winter" was objected,
49, ,tr hundreds Of miles from Austin.
a"a Ma i,nluey cannot now he made"
Au. lui IN the spring. said the unreentinB
woman. a.. - ,t,o oor,nao, ,vss ao.lad
.i,,,h tIe opening OF tTar | in spring there
..,s,j Al salt Lake City, by the Montana stage.
a'in,,lyl1ual who freely announced that he was
AD H., vay TO ll CaTDerry. Salt Lake City IL s
-a Say from Austin, but the friendship OF bor-
gtu.l spail much greater distances. He was
II hE,l ..E.,
,Dep ,lup,Uyed ut tho heystone Alli' nine miles
e'n, tu,u. aud lie stayed there nearly whole
III "s' stter he knew that the Montana chap WAS
w I,.t,u You rec, Tom ls a peacabls man aud
H,,,ilt want auy difficulty. Most men woud
Sy, G me in al once, and got tAe AFFAIR on their
bands .., .,,,. =. All, -.
int sall nothing aud the Judge proceeded.
SUNDAY evening, just as usual with him,
man, .,,.e into the city, aud after getting shay
sfAul uxed up tor his holiday, he went arouid
eIls sal1ous where many OF the people Of the
j r,Iug toMs spent their leisure, to meet hl5
Ts,i3 IL wasn't long before he encountered
gr rAgntaua fellow, VINO began st once, in Toms
Gr,glg 10 make Insulting remarks
Hclt thu llztener interrupted with:
,,WIy dld lie III Ike Insulting remarks. Ii he
b.iusdea long journey solely for tile purpose
Of liDus Tom, why dIdnt he shoot him on
"l,.esuse said the Judge. "that would have
lael, murder The community ID down on murder.
mi Ag Would have bssn dangling from All avn
m,pyam NJ illteen minuteE. Killing Is very diff
t-lsu, malter When two men get Into light,
autult Is tar between them, and one Kills the
uueg the community don't ordinarily seems 10
lso much concern OH the subject.
Under such circumstances the only way Tor
NonalA was to provoke Fom to a quarrel, and
lead ~ TO tight.
g. Iym wasn't disposed to crafty him-he
Wo1.,ut take any uotlce-didnt seem to hear
UuIlepeaitdly letl one saloon TO go To anothel
u.l 10 Keep cut OF the way, Moptsna followed
suug uiI at last standing right up before Ion,
De unt tu up about ten lett irUm the floor, Hud
c,lAs uuNn with heavy jar, aud SAID II lii
lUct.
L,,u tits Tom didn't resent-he only putsshis
haa.5 uNel ds face and wept! Fact, elr, the
tl4t. actually nJTed, until his best friends
lbu4.nt Le. .W4s An airanJ coward when lie got
" 4la ~ aut away TO Ills room to bed there WASN'T
O43 v, lIan 10 sAy a good word oil hiln
Montana enjoyed season Of glory, he had
Ell, ID, CAiut Ia public place, and no man
ll4 Jared ac3opt the cn4llange.
Inc HGNL morning Tom was standing on the
Sidewalk, when Montana came along, aud they
mel lace To Lace. lOm spoke to him III very
qle, los tone saying:
Stranger you used me pretty rough last
ligi;, Dat l don't beAr malice. jest say that
yJu been uillkln AID didn't mean 1t, And wen
say no more about 1t
Montana answered: . No apologies in mine"
'Well SAID Ium you needn't apologize, come
INTO tue saloon and cuInk gla5ses with me, ana
w IL lul the matter drop
lIsl Montana sald Tom Carborry either
yO-,e saaeluus, or Glse you're coward. l
don't tAIuk you're c0wardly, hu' II I'D known
!vl a. tle start, II = most likely l wouldn't ha
W4IsI H.. Bdt The matter cant be let drop,
ivr there's h4uIreds oil people IA my section an
b0INeeh here aud there wnu knov that came
tsle tu AlIi you so there's but two wAys--we
Lual N5At, Or you must run. Ii you II Iun, it'll
be Iert a7 good 10 me as to tight,
Toms almost supphant bearing disappeared
Oh ,nt Instant, aud ns said: Stranger, Aiu't
much - ilie haUlt OF runnln, All II we're to
hslt We may Ms We'll have II out now as any
u4o Aluyuu hoeled 2
"IUll aaAed TINS question because We have
law ssainsi carlyins Concealed weapons, winch
Afeb4del at 1usn hours aa people think they
MiHaAoAo use Tor their arms, and disregard al
aIUtutfs
9ih5 answer wac: No; l left my revolver
with LIE ptr-keGker of the Exchange
l'pt It sad Tom III wait for you here.
"lur EAuh.Dge was in corner building
Across rtrest wuiGh came IN at right angles TO
ue sldc"alk where they were standing Mon
AuA wont ia at the front dosr but came out at
lB sdt On the cross street, hoping to steal up
All 30. tbs drop on rom but this WAS not 30
easy ION was vide awake; he had crossed
lie main street to guard against surprise so,
wien hdhlaua poked hls pistol around the corner
Ald followed II with just enough OF his head to
'ahg slbut, UaTbelTy was not IN range In mo-
Meli tne-i eyes met, aud the shooting began.
40M cHfcl down close to the road bed, TO pre-
sent lo smallest poslble area az mark, and
O'c4aso II Is comparatively difficult to hit an
etlea REg ON the ground, Montana sheltered
lmse sjuawhat behind low row OF sackd OF
Po4toea iylhg on the edge OF the. sidewalk, aud
parity hoAltId small awning post. This last
NAs a iaiai error, for with u tail post for marx
y Is the elsieot thing In the world to make
lite shot
-, I'm making long story of the shooting,
sl'ln IA Fedllty was soon over. They fired three
apiece IN as many seconds. Toms third bail
Il pasted through MontanAs heart, and he was
ueAu DeioIe his head rebounded on the bricl
PNeiLeht. CaIberry surrendered himself a
osee' s' aud was kept III jail until his trial CANT
W. although ball to any amount was offered.
Aiyei pause, the Judge added; Il don,
soe W 10" could have done more for him than
w 1ut the man should not have been punish
Witt should lave been acquitted and III
"OMa Lave tut for ono circumstance, which
P'!4aiced the court and jury against him.
what was the circumstance 30 prejudicialf
qutftloled tho listener.
Ia, 4he Montana chap WAS the fourth man Ton
nal Lllltd IN Austin answered the Judge IN
''0Oehliy '-OCel land MohthLy.