Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1874-01-07
HOME CIRCLE.
THE NEVADA JUDGES STORY.

him than did but sun the nia a snI I ny
have been punshed-he shoulo nave Oeeh "e-
WITH these words the judge awoke to the
oorsc;ousn ess that he had q fellow traveller; and
then as if some explanation OF MS remarkW would
he In order, he went on:
I'VE had a very interesting trial in Austin
last week Tenn Carberry-lrsh Tom, he is
called-was tried for murder defended him,
and never struggled harder for client in my life;
For q week before, and throughout the trial,
worked night and day to lock up testimony, and
20 present the case to tho juryin the best possible
light 1 consulted with all the attorneys not
engaged for the prosecution. We got MN on
with three years in the penitentisry; but he
ought not to have been punished-ho should
have been acquainted" .,..
The fellow passenger queried as the circum.
stances attending the alleged MURDER ana the
:tThey were very peculiar, and that is the
reason why the trial was so very interesting. 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 WIN new man, ehe
named her terms
kill Tom Carberry, of Austin, Nevada"
but l never saw nor heard Of the man.
said the Montana aspirant.
at is the depth Of winter, was objected, and
we are hundreds of miles from Austin The
iorney cannot now be made
'.'Kill him in the spring. said the unrelenting
woman.
"'Yes,' said he, and the compact was sealed.
With the opening of travel in the spring
there arrived at Salt Lake City, by the Montana
stage an individual who freeley announced that
he was on his way to kill Carberry. Salt Lake
City is long way from Austin, but the friend
ships of border men span much greater dis
tsnces. Tom was quickly advised of the APP
p-oach of his visitor, but he took no steps either
to get out of the way or to be specially prepared
TO see the company. he was then employed at
the keystone Mills, nine miles from town, and
lie stad there nearly whole week after he
knew that the Montana chap was in Austin.
You see, Tom is peacesble man and he didn't
want any difficulty Most men y, would have come
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 people OF the
mining towns spend their leisure, to meet his
friends 1t wasn't long before he encountered
the Montana fellow, who began at once, IN
TOMS hearing to make insulting remarks"
Here the listener interrupted with-"Why did
be make insulting remarks? If he had made
long journey solely for the purpose of killing
Tom, why didn't he shoot him of hand ??
Because said the judge, that would have
been murder. The community is down on muir
der and he would have been dangling from an
awning beam in fifteen minutes. Killing is
very different matter When two men get into
q Qglt.
Kills the other, community don't ordinarily seem
to- feel much concern on the subject. Under
sich circumstances, the only way for Montana
was to provoke Tom to a quarrel, and lead up
20 fight. But Tom wasn't disposed to crafty
hin-he wouldn't take any notice-didn't
seem 70 hear; but repeatedly left one saloon to
90 TO another, Just TO keep out of the way. Mon
tana followed him up, until at last, standing
right before Tom, he jumped up about two feet
from the floor, and came down with heavy jar,
and said, Pm chiefp Even this Tom didn't re-
sent-he only put his hands over his face and
weptl Fact, sir, the tears actually flowed,
until his best friends drought he he was an ar
rant coward; and when he got up and went
away TO his room to bed, there wasn't one to say
a good word for him.
Montana enjoyed season ofglory. He said,
Pm chiefr in public place. and no man had
dared TO accept the challenge.
The next morning Tom was standing on the
sidewalk, when Montana came along, and they
net face TO face. Tom spoke TO him IN very
quiet low tone, saying;
- stranger, you used me pretty rough last
night, but I don't bear malice. Jest say that
you'd been drinking and didn't mean 1t and
vel say no more aboutn.
Montana answered, No apologies in mine
WELL 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 or else you're coward. don't
think you're cowsrdiy IN, II "a known you as
IL,
r.. But the matter can't be let drop, for Their
hundreds of people in my section an between
here and there who knows that came here 70
kin YOU SO there s but two ways-we must fight
or YOU must run. If you'll run, it'll be jest q
good to me as TO fight
Toms almost supplisnt bearing disappeared
on the instant, and he said Stranger, aim
much in the habit o runnin', an II we re TO hght
we may IS we'll have it out now, as any tms
Are you heeledF
Tom asked this question because we have
law against carrying concealed weapons, Wnlcl
is regarded at such hours as people think theI
will have no use for their arms, ana dlsregsrdeS
OF all others. -,
tThe answer was No; left my revolver will
the bar keeper O. the Exchange
Get it, said Tom, III wait for you here.
The Exchange was in corner building
across a street which came in at right angles Z
the sidewalk where they were standing. hontani
went in at the front door, but came out at thl
side on the cross street. hoping TO steal up anc
get the drop on Tom, but this was not so easy
Tom was wide awake-he had crossed the mail
E.reet TO guard against surprise; SO, Wnen Mon
tana poked his pistol around the corner ana fol
.oWede il with Just enough OF his head 10 tax
sight, Carberry was not in range. In momen
their ewes met and the shooting began. Ion
curled down close 10 the road bed. to present th
smallest possible area as mark, and because
is comparatively difficult TO hit an OBJECT lynn
on the ground. Montana sheltered hlmsel
somewhat behind low row Of sacks OF potatoe
lying on the edge of the sidewalk, and psrtl
behind a small awning post This last was
fatal eror for with tall post for marx 1t Is u
easiest thing in the world 10 make line shot.
u am making q long story OF the shooting
which in reality WIS very soon over. Ihey are