The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-01-08

''Yes," said he, and tho compact was
sealed.
with the opening Of travel in the spring
there arrived q Salt Lake city, By the Mon
tara Stage, an individual who freely an
nounccd that heWes on the way to kill Car
berry. Salt Lake city Is q long wsy from
Austin, but the friendships Of border mer
span much greater distances. Tom wa
quickly advised Of the approach Of bis visi
tor, but he took no stepsto be specially pre-
I pared TO see company. he was then en-
| ployed ct tho Keystone Sill. nine mile:
frOm town, and be stayed there nearly Z
whole week after he knew that the Montana
chap was In Austin. You see, Tom Is
peaceable man, and he didn't want any din
Guilty. Most men would have come in a
once, and got the affair OF their hands"
Tho listener entertained doubts AZ thi.
point. but saying nothing the Judge pro
ceeded:
Saturday evening, just as usual with
him, Tom came into the CITY, and after get
ting shsyed and fixed up for his holiday.
be went around to the saloons. where man,
Of the people Of the mining towns spend
their leisure, to meet his friends. It wasna
long before he encountered the Montana fel
low, who began at once, in Toms hearing
70 make insulting remarks.
Here the listener interrupted witty WHY
did he make insulting remarks2 Ii be made
long journey solely for the purpose OF
killing Tom, why didn't he shoot him of
handp
Because, said the Judge, '.that would
have been murder. The community is down
on murder, and he would havo been dang
ling from an awning beam in fifteen min.
utes. Killing is a different matter. When
two men get into a fight, and all is fair be-
/ tween them, and one kills the other, com
munity don't ordinarily seem to feel much
concern on the subject. Under such cir.
cumstances, the only way for Montana was
to provoke Tom into quarrel, and lead Up
/ 70 fight. But Tom was not disposed to
| crafty him-he wouldn't take any notice
didn't seem to hear: but repeatedly left ono
saloon to 60 to another, Just to keep out OF
the way. Montana 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,
| I'm chiefv Even this Tom didn't resent
he only put bis hands over his face and
weptl Fact, sir, the tears actually flowed.
until his best friends thought he was an ar
rant coward; and when he got up and went
away to his room to bed, there wasn't one OF
them to say a good word for him.
Montana enjoyed season Of glory.
He had said I'm chiefr in public place.
and no man had dared to accept the chal-
lenge.
1.-THE next morning Tom was standing on
the sidewalk, when Montana came along
and they met face to face. Tom spoke to
him in very quiet, low tone saying:
Stranger, you used me pretty rough last
night, but / don't bear malice. jest say
that you'd been drinkin' and didn't moan
it, and we'll say no more about it.
"Montana answered, No apologies in
mine
We'll, said Tom, you needn't apollo
gize. Come into the saloon and chink
glasses with me, and we'll let the matter
''Then Montana said, Tom Carberry,
either you're generous, or else you're cow
ardly, an if had known you at the start,
it's most likely wouldn't ha' waded in
But the matter can't be let drop, for there's
hundreds of people in my section an be-
tween here and there who know I came
here to kill you; so there's but two ways
we must fight, or you must run. If you'll
run, it'll be just Us good to me as to fight.
Toms almost suppliant bearing disap-
peared on the instant, and he said: 'Stran-
ger. amt much in the habit % runnin,
an If we are to fight, we may as well have
il out now as any time Arc you heeledp
TEN asked this question, because VIC
have a law against carrying concealed
weapons, which is regarded at such hours
as people will think they have no use for
their arms, and disregarded at all others.
1.-THE answer was, No; left my revcl-
yer with the barkeeper o. the Exchange
Get 1t, said Tom; I'll wait for you
here
''The Exchange was in a corner building
across a street which came in at right angles
with the sidewalk where they were stand
ing. Montana went IN at the front door,
but came out at tho side on a cross street,
hoping to steal up and get the drop on Tom,
but this was not so easy. Tom was wide
awake-he had crossed the main street to
guard against surprise; so, when Montana
poked his pistol round the corner and fol-
lowed it with just enough of his head to
take sight, Carberry was not in range. In
moment their eyes met, and the shooting
began. Tom curled down close to the road
bed, to present the smalless possible area as
a mark, and because it is comparatively diff
cult to hit an object lying on the ground.
Montana sheltered himself somewhat be-
hind low row of sacks of potatoes lying
on the edge of the sidewalk, and partly be-
hind a large awning post. This was fatal
error, for with tail post for mark it is
the easiest thing in the world to make a
line shot.
II am making long story Of the shoDt-
ing, which in reality was very soon over.
They fred three shots apiece in as many
seconds. Toms third shot passed through
the Montana's heart, and he was dead be-
fore his head rebounded on the brick pave
ment. Carberry surrendered himself at
once, and was kept in Jail until his trial
came off, although bail to any amount was
offered"
After pause, the judge added; 4
don't SEQ how could have done moro for
him than did; but the man should not
have been punishable should have been
acquitted; and he would have been but for
one circumstance which prejudiced the
court and jury against him."
"What was the circumstances 50 prejudi-
calf" questioned the listener
'sThe Montana chap was the fourth man
Tom had killed ia Austin, answered the
judge, innocently. 0rsrlaRd Monthly for
Nopenbsr.
what an ohio Drummer BOY has Ae-
comPiished.