The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1873-11-21
aMistellaneons.
From the Overland for November.l
The JUDGES STORY.

"I don't see how could have don,
more lOr him than / did but still th,
man shOult not have been punished =
tie should nave been At quite
! With these words the Judge awOkC
~ the Consciousness that lie had 1
ielioE-traveller; and then, as il some
explanation Of his remark would be
I'D order, lie went on:
owe had very interesting tIisI
In Austin last week Tom Cal berry
Irish Tom he Is called-~as tIieu
for murder. | defended him, and
never struggled harder iOr a client ID
my life. For week before, and
throughout the lrisl, | worked night
aid day To- look up testimony, and to
present the case to tie jury i'll the
best possible light. l consulted with
all the attorneys not engaged Tor the
prosecution. We got him Off with
three years in the penitentisry but
he ought not to have been punished -
he should have been acquitted p
The fellow passenger queried as Il
the circumstances attending the al
legged murder, and the Judge an.
swered
"They were very peculiar, and thai
is the reason why the trial wss 81
very interesting, a woman up ii
Montana, who newer saw Tom Car
berry, thought that Lac had done hel
great wrong; and so, when she wa:
asked, ss tue phrase is, to take uE
with q new man." che named Ia,
terms:
Kill Tom Carberry, Of Austin
Nevada
"'But L never SAW nu' heard Of the
msn, SAID the Montana asI IIrant.
"'NevertheIess,' said snc, XII
Tom CaTbcrry'
"'lt is the depth of winter, was
objected, 'and we are hundreds oI
miles from Austin. The Journey
cannot now he made'
"'kIll hlm in the sprIng,' said the
unrelrnti0g woman.
".Yes,' said he, and the compact
was sealed
"WJb the OpeTirg Of travel in
spring there arrived ut Salt Lake
City, by the Montana stage, an IDdi
vidual who freely announced that he
was on lis way To- XII. Carberrl
Salt Lake City is a long way IRON
Austin, but the friendships OF border
men span much greater distances.
Tom Was quickly advised OF the sp-
prOach Of his visitor, but he took 10
steps either TO get out Of the way or
10 he speedily prepared to see COM
pany. He was then employed at the
Keystone Mill, nine miles from town,
and he stayed there nearly u whole
week after he knew thst The Montana
CHAP was in Austin. You see, Tom
Is pescesble man, and he didn' [
want any difficulty. Most men
would have come in at once, and got
the ailair of their hands -
Tie listener entertained doubts at
this point, but say lag nothing, the
Judge proceeded:
Saturday evening, just as usual
with him, Tom came MO the city,
and after getting shaved snd fixed up
for his holiday, he went around To
the saloons, where many OF the peo-
pie OF tue mining towns spend their,
leisure, to meet his iriends. 1t
wasn't long before he encountered
the Montana fellow, who began at
once, in Toms hearing, To make in-
sulling remarks
Here the listener interrupted Wltl:
"Why did he make insulting re
marks! IL he had made Il long
journey solely for the purpose oi
killing Ton, why didn't he shoot him
ofrnsnd =
.'Because," said the Judge, ''.har
would have been murder. The com
munity ia down On murder, aud he
would have heen dangling IRON an
awning beam in fifteen minutes Kill
ing Is very difieren msIter. When
two meI get into fight, and all Is
/ fair between them, and one kills the
other, community don't ordinarily
saem To fe.i much concern on the
sui ject Under sueh circumstances,
the only way for Monsan4 wss Ia
provoke Tom To quarrel, and lead
up to q fight But Tom wasn't dis
posed to crafty him-he wouldn't
take sny nOiice-diin't seem t. hesi;
but repeatedly lett one saloon TO go
70 another, just To keep out oi 'he
was. Montana followed him up un-
| ill. at last, standing right before
Tom, he jumped up about two ieet
from the floor, ami came down WIN
A heavy jIr, and said: Pm Chlei !!
Even tihs Tom didn': resent-ue
orIy put bis hsn1s over his lac: and
WENT Fact, sir, the tears sc.usiiy
IIJue,I, until his hest iriends tEOught
ne Was All arrant coward; and when
he got up and went away TO his room
~ bed, there wasn't one Of them 10
.ay good word ior him.
"MoDtans e. j)yed season OF
glory. He hah ssid, Il m Chiet , 10
q public place, and no Bau had dared
accept the challenge.
''The NIX: morning Tom was
standing ON the sidewalk, when
Montana csme along, ami tnev met
face to face. Tom spoke 10 hiIn ii a
very quie;, low tone, saying;
'' 8 ranger, YOU used me pretty
rouL h last night, hut | don't hear
malice. Jest say that you'd been
drinkIn' and didn't wean it, and We II
say no more about H.
"Montsna answered: NO apollo
gies in nine
"sWeli,' saii Tom, you needn't
apologize, come into tie SALOON aad
clink el1sses with me, anI We ii let
the ms ter drop
I HThen Montana said Ton Car
berry, either you're generous, or
else you're coward. | Cont think
YOU'RE cowardiy an if l'd known you
AZ the star It's most likely ! wOuldn',
hs, gadei 10. But tue mater can't
he let drop, for there hundreds OF