The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1874-01-01
From the Overland. Monthly.
The Judges story.

4
man should not have been punished
he should have been acquitted"
With these words the Judge awoke
to the consciousness that he had fel-
low-traveler and then, as if some
explanation of his remark would be in
oruer. he went on.
1--WE had very interesting trial In
/ Austin last week, Tom Carberry-
Irish Tom, he is cailed-was tried for
murder. l defended him, and never
struggled harder for a client in my
life. For a week before, and through
out the trial, worked night and DAY
to look up testimony, and to present
the case 10 the jury in the best possl-
Die light. l consulted with all the at
tOrneys not engaged for the prosecu-
tion. We got him off with three
years in the penitentiary but he
ought not have been punished-he
should have been acquitted"
The fellOw-passenger queried as 10
the circumstances attending the alleg-
ed murder and the Judge answered:
"They were very peculiar, and that
is the reason why the trial was SO
very interesting. A woman up In
Montana, whonever saw Tom CARRIER
lry, thought that he had done her great
wrong; and so, when she was asked,
as the phrase is, to take up with new
man, she named er terms
"Kill Tom Carberry, of Austin,
Nevada
".But never saw nor heard of the
man. said the Montana asplrant.
Nevertheless said she, kill Tom
Carberry.'
"'It is the depth of winter was
objected, and we are hundreds of
miles from Austin. The journey can
not now be made
"'Kill him in the spring. said the
unrelenting woman.
eyes said he, and the compact
was-sesled.
"With the opening of travel in
spring there arrived at Salt Lake City,
by the Montana stage, an individual
who freely announced that he was on
his way to kill Carberry. Salt Lake
City, is long way from Austin, but
the friendships of border men span
much greater distances. Tom was
quickly advised of the approach of his
visitor, but he took no steps either to
get out of the way or to specially pre-
| " sec 4AO " Do bAaO4
employed at the Keystone Mill, nine
miles from town, and he staid there
nearly a whole week after he knew
that the Montana chap was in Austin.
You see, Tom is 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 al
this point, but saying nothing, the
Judge proceeded:
Saturday evening, just as usua
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 oil
mining towns spend their leisure, K
meet his friends. 1t wasn't long be
fore be encountered the Montana fel
low, who began at once, in Toms
hearing, to make insulting remarks u
Here the listener interrupted with
"Why did he make insulting re
marks ? If he had made a long jour
ney solely for the purpose of KILN,
Tom, why didn't he shoot him off
hand?
"Because," said the Judge, "tha
would have been murder. The com
munity is down on murder, and h.
would have been dangling from al
awning-beam in fifteen minutes. Xii.
ling is very different matter. Whel
: two men get into a fight, and all i
fair between them, and one kills tht
1, other, community don't ordinaril,
seem to feel much concern on the sub
iect. Under such circumstances, tn
It only way for Montana was to oprOvok
Tom to a quarrel, and lead up to
4 fight. But Tom wasn't disposed t
crafty him-he wouldn't take an.
nJtice-didn't seem to hear but re
peatedly left one saloon to go to an
,. other, just to keep out of the way
Montana followed him up, until, a
n last, standing right before Tom, h
d jumped up about two feet from tn
floor, ana came down with a hesv
, jar, and said: Pm Chief y Even thl
l. Tom didn't resent-he only put hi
hands over his face and wept !! Fac
!. sir, the tears actually flowed, until hi
d best friends thought he was an arran
coward and when he got up an
y went away to his room to bed, ther
!. wasn't one OF them to say good wor
! for him.
1. "Montana enjoyed a season of gle
= ry. He had said, Pm Chiefn in
public place, and no man had dare
Il / accept the challenge.
d 1.-THE next morning Tom was stand
(. ing on the sidewalk, when MOntan
!. : came along, and they met face to fac'
a Tom spoke to him in very quie
low tone, saying:
Stranger, you used me prett
rough, last night, but L don't bes
malice. Jest say that you'd bee
drinkin' and didn't mean il, and WEI
say no more about it,"
Montana answered: NO apolC
3 gies in mine
"'Well,' said Tom, you needn
apologize, come into the saloon an
chink glasses with me, and we'll le
the mstter drop
. "Then. Montana said: Tom C4rbel
~, either you're generous, or els
you're a coward. Idon't think your
cowardly, an if I'd known you at th
y start, it's most likely wouldn't hi
? waded i'll. But the matter can't
let drop, for theirs hundreds o. peopl
in my section an between here an
there who know that 1 came here
kill you; so there's but two ways-w
= must fight, or you must run. Ifyou'
run, it'll be jest as good to me as
y fight
lsTom's almost suppliant bearin
disappeared on the instant, and b
said: Stranger, 1 amt much in ii
habit o. runnin', an if we're to figh
n we may as well have it out now s
We any time. Are you heeled?
tom asked this question, becau:
we have law against carrying cor
cealed weapons, which is regarded |
such hours as people think they wi
have no use for their aims, and disr;
garded at all others.
''The answer was: mo; 1 left NJ
revolver with the bar-keeper o. IL
= Exchange
y acct it, said Tom; I'Il wait f
= you here.'
= "The Exchange was in a cornt
: building across a street which eau
= in at right angles to the sidewal
u where they were standing. Montar
n went in az the front door, but can
- out at the side on the cross street, hoI
= ing T. steal up and get the drop c
- Tom, but this was not SO easy. To-
= was wide-sWake-he had crossed IL
- main street to guard against surpris
q So, when Montana pOked his pist
round the Garner and followed it wi;
:, just enough Of mis- head TO take sigh
= Carberry was not in range. In m'
ment their eyes met, and the shOo
= ing began. Tom eurled down clo:
to the road-b-d, to present the smal
> est p1ssibIe area as mark, aud b
= cause it IS comparatively difficult
d hit an object lying on the groun
Montana sheltered himself somewh:
Z, behind long row Of sacks of potato
= lying on the edge of the sidewalk, al
partly behind a small awning-pos
"This last was a fatal error, fer Wi
"a tall post for a mark it is the easie
nt thing IN the world to make a lin