The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1874-02-26
The Judges Story

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 the consciousness that he had a fel-
low traveller; and then, as if some ex-
planation of his remark would be in
order, he went on:
We had very interesting trial, in
Austin, last week. Tom Carberry =
Irish Tom. he is caIled-was tried for
murder. defended him, and never
struggled harder for client in my
life. For week before, and through
out the trial, I worked night and day
to look up testimony, and to present
the case to the jury in the best possi-
bic light, consulted with all the at
torneys not engaged for the prosecH-
ton. We got him off with three
years in the penitentiary-he should
have been acquitted"
The fellow passenger queried as to
the circumstances attending the al
legged murder, and the Judge answer
ed:
'sThey were very peculiar, and that
is the reason why the trial was so in-
teresting. A woman up in Montana,
who never saw Tom Carberry. thougt
he had done her a great wrong aud
so, when she was asked, as the phrase
is, to take up with a new man, she
named her terms
"Kill Tom Carberry, of Austin,
Nevada
sBut never saw or heard of the
man, said the Montana aspirant.
Nevertheless" said she, .'kin Tom
Carberry."
/" 1t is the depth of winter,n was
urged, sand we are hundreds of miles
from Austin. The journey cannot
now be made"
g Kill him in The spring." said the
unrelenting woman.
"Yes,D said he, and the compact
was sealed.
e With the opening of travel in the
spring there arrived at Salt Lake City
by the Montana stage, an individual
who freely announced that be was on
his way to kill Carberry. Salt Lake
City is a long way from Austin, but
the friendships of border men span
much greater distances. Tom was
quickly advised of the appToach of
his visitor, but he took no steps to be |
specially prepared to see company
He was then employed at the Key
stone Mill, nine miles from town. and |
be stayed fhere nearly a whole week |
after he knew that the Montana chap
was In Austin. You see, Tom is 4 !
peaceable man, and 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 procee led.
Saturday evening, just as usual /
with him, Tom came into the city. and /
after getting shaved and fixed up for I
his holiday, he went around to the I
saloons, where many of the people ot I
the mining towns spend their leisure,
to meet his friends. 1t wasn't long |
before he. encountered the Montana +
felleW, who began, in Toms hearing, I
to making insulting remarks
Here the listener interrupted with I
=" Why did he make insulting re- I
marks? If he had made long jour I
ney solely for the purpose of killing
Tom, why didn't he shoot him off
hand2"
.'Because,7 said the Judge, that
would have been murder, and he /
would have been dangling from an /
awning beam in fifteen minutes. Kill I
ing is a different thing. When two /
men get into fight and all is fair be- I
tween them. and one kills the other, |
don't ordinarily seem to I
feel much concern on the subject /
Under such circumstances, the only T
way for Montana was to provoke Tom |
into quarrel, and lead up to fight. I
But Tom was not disposed to CRAFTY
him-he would not take any notice of /
seem to hear; but repeat
edly left one saloon to go to another,
Just to keep out of the way. Monta-
ma followed him up, until, at last,
standing right before him be jumped
up aDont two feet from the floor, and
came down with a heavy jar, and
said, sI'm chiefp Even this Tom did
not resent-he only put his hands
over his face and wept Fact, sir, the
tears actually flowed, until his best
friends thought he was arrant coward,
and when be got up and went away
to his room to bed, there wasn't one
of them to say good word for him.
montana enjoyed a season of glory
He had said, I'm chiefl' in a public
place, and no man had dared to accept
the challenge.
.sFhe next morning Tom was stand.
ing on the sidewalk when Montana
came along, and they met face 70 face.
Tom spoke to him in very quiet low
tone, saying;
STRANGER, you used me pretty
rough, last night, bus l don't bear
malice. just say that you'd been
and didn't mean il, and welt (
say no more about it"
Montana answered, No apologies
in mine
( Well, said Tom, you needn't apol- I
ogizc. Come into the saloon and +
chink glasses with me, and we'll let
matter Drop
sThen Montana said, tom Carber- |
ry, either you're generous, or else
you're scowardly, an if l had known (
vnI1 af the afal.f if,a M at liIcalrr / |