River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1873-12-12
From the Overland for November.
THE JUDG4'S STORY,

don see bow | could have done more
for him than 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 fellow traveller /:
and then, as # some explanation of his re-
mark would be in order be went on:
We had very interesting trial in Aus
tin last week Tom Carberry-Irish Tom
he Is called-was tried for murder. | de-
Tended him, and never struggled harder for
a client in my life. For week before and
through the trial / worked night and day
TO | OK up testimony, and to present the
case TO the jury III the best possible light |
consulted with all the attorneys not engag-
ed for the prosecution. We got him of
with three ears in the Penitentiary but
he ought not to have been punished-he
should have been acquitted
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 inter-
esting. 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, Nevada "
Butt never saw nor heard of the man"
said the Montana aspirant.
Nevertheless" said she, = kill Tom Car
berry,
. 1t is the depth of Winter was object
ed, "and we are hundreds of miles from
Austin. The journey cannot now be made y
Kill him in the spring. said the unre-
lenting woman.
Yes, said he, and the compact was seal
ed.
With the opening of travel in the spring
there arrived at Salt Lake City, by the
Montana stage, an individual who freely an
nounced that he was ON his way to kill
Carberry. Salt Lake City is a great way
from Austin, but the friendships 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 some company. He was then employ
ed at Keystone Mil, nine miles from town.
and he staid there nearly whole week after
he knew the Montana chap was in Austin.
You see, Tom is a peaceable man, and he
didn't want any difficulty. Most men would
have come at once, and got the affair off
their hands.
The listener entertained doubts at this
point, but, saying nothing, the Judge pro-
ceeded:
Saturday evening, just as usual with
him, Tom came into the city, and after get
ting shaved and fixed up for his holiday, he
went around to the saloons, where many of
the people of mining towns spent their
leisure to meet his friends 1t wasn't long
till he encountered the Montana fellow, who
began at once, in Toms hearing, TO make
insulting remarks.
Here the listener interrupted with
"Why did he make insulting remarks Ii
he had made a 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 community is down
on murder, and he would have been dang
ling from All awning. beam in fifteen min
utes. Killing is very different matter.
When two men get into fight, and all is
fair between them, and zone kills the other
the Community don't ordinarily seem TO
feel much concerned ON the subject. Under
such circumstances, the only way for Mon
taua was to provoke Tom TO a quarrel, and
lead up 10 a fight. But Tom wasn't dispos.
ed 10 crafty him-he wouldn't take any
notioe-didnt seem 10 hear but repeatedly
lett one saloon TO 20 TO another, Just TO keep
out of the way. Montana followed him up
until al last, standing right before Tom, he
jumped up about two feet from the floor
and came down with heavy jar, and said
- am chief - Even this Tom didn't re
sent-he only put his hands over his fac,
aud wept Fact, sir, the tears actually dow
ed. until his best friends thought he was an
arrant coward; and when he got up and
went away 10 his room to bed. there WASH
one Of them 10 say good word for him.
Montana enjoyed season of glory. III,
had said, " I'm Chief y in public place
and no man had dared 10 accept the chal
lenge.
The next morning Tom was standing Oh
the sidewalk, when Montana came along
and they met face 10 face Tom spoke &
him in a very quiet. low tone, saying:
stranger, you used me pretty rough las
night. but | don't bear malice Jest Say
that you'd been drinkin and didn't NEAR
il, and well say 10 more about Y.
Montana answered; 4" No apologies IL
mine.n
WELL said Tom, you needn't apollo
gize; come into the saloon and chink glass
es with me, and well let the matter drop
Then Montana said TON Carberry
either YOU NJ gene or else you're COW
ard. | don't think you're cowardly, an
/ I'd known YOU az the start it's most likel,
/ | wouldn't ha waded in. But the matte
can Z he let drop. for there's hundreds o
people in my section an between here an,
/ there who know that came here 20 Ill
you. So there's but two ways--we mus
/ fight. or YOU must run. II you'll run, i'll
be Just as good 20 me a. TO fight
Toms almost supphant bearing disar
pcarcd on the instant, and he said Stran
ger. | Amt much in the habit o. runnin
an Il we're 20 feht We may as we'll have !
out now as any time. Are YOU heeled p
tom asked this question. because W
have a law against carrying concealed weap
onS which Il regarded AZ such hours A pa