The Lafayette advertiser. [volume] (Vermilionville [i.e. Lafayette], La.) 1865-19??, 1874-01-10
THE JUDGES STORY.

II don't Gee how could have done
more for him than did: bit stiii the man
should not have been punish ed-he should
have been acquitted"
With these words the Judge awoke to
the consciousness that he had fellow.
traveller and then, a. il some explanation
of bis remark would be in order, be went
on:
ave had = very interesting trial in
Austin last week, Tom Csrberry-l'ish
Tom he 10 called-wss tried for murder.
l defended him, and never struggled hard.
er for client in my life. For . week
before, and through"n. tho trial, worked
night and day TO look up testimony, and
to present the ca.e to the jury 10 the best
possible light. l consultsd with al the
attorneys no; engaged for the prosecution.
We got him off With three ysars for the
Psniteutiary but he ought not to have
been puuishsd-hs should have been
acquitted"
The fsllow.passenger qussrisd - TO the
circumstances attending tho alleged mur-
dsr. and tho Judge answered:
They were very peculiar, and that 10
the reason why the trial Was 20 very inter-
esting. A woman up 10 Montana. who
never saw Tom Carbersy, thought that be
had done Lsr q great wrong; and %,
when she WAS asked, - the phrase is, to
take up with new man. she named her
terms:
"Kill Tom Carberry, Of Austin. Nevada
'"But never ssw uor heard Of the man,
said The Montana aspi.ant.
''Nevertheless," said she, kill Tom Cas.
berry,
alt is the depth of WINTER was object
ed, 'and we are hundreds Of milss from
Austin. The journey cannot now be
made
Kill him in the spring. said the un-
relenting woman.
"'Ye.,' 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, ~ individual who
freely announced that hs was on bis way
10 kill Carbsrry.
Tom heard Of it, but hs took no steps
either to get out Of the way o: to be spe-
c,ally prepared to zee company. He waa
then employed At Keystone Mill, nine
miles from town. and be staysd there near
" Whole week after he knew the Mae.
tana chap was 10 Austin. You sss Tom
is peaceable man, and hs dida't want
any difficulty. Mort meo would have
come 10 At once, aud got the affair al
their han ]s.''
Tho listener ente,tained dow hts at THU
point, but, saying nothing, the Judge pro-
ceeded:
Saturday evening, j"at As usual with
him. Tom came into the city. and after get
ting shaved and 6xesa up for his holiday, b
went around to the saloon. where many Of
the people Of mining towns spent thei'
leisure, to meet his friends. 1t wasa''
loue till he encountered the hoassua fe'
low, who began at once, i" Toms hear
Jog. to make insulting r.marks."
Here the li.tener ioterropt-d-"Why
did he make insulting rema'ksl If he bad
IN ade . long journey solely for the pur
pose Of killing, why d'du't he shoot him
of hand 2" =.
Because" said the Judge, "th.: would
have been murd'r. The community il
down on murder, aad be would hass bsea
dangling FROM an awning bs:m 10 fif,sss
mi,utes. Killing 10 very d'ffsr~st mat
ter. When two men get into Sight. and
ri, !. between them, ssd one hiIls sh'
o,her, community don't ordinarily So"
much concern on tho subj.ct. Undo
such circumstances, the only vay fo
Montana vas to provoke Tom to qssrrs
and lead him to Aght. But Tom vasn'
disposed to sratify bi~-he sosldn's tab
sny so,;ce-didnt seem 20 hear hnt -
pestedly left one saloon 70 30 - sro.hs'
+, Jus. 10 keep out Of The way. houtsa
fifoiiowed him up, until, at last, .landin