Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1874-02-19
The Judges Story.

have been punIshed-he should
have been acquitted"
With these words the Judg
awokc to the consciousness that
he had a fellow-traveller; and
then as if some explanation Of
his remark would be il order, he
went on:
J, I'VE had very interesting
! trial in Austin, last week. Tom
I Carberry-Irish Tom, he is call
} ed-was tried for murder. /
defended him, and never strug-
I, gled harder for a client in my
life. For a week before, and
throughout the the trial, l
worked night and day to look
up testimony, and to present
the case to the jury in the best
possible light. | consulted with
all the attorneys not engaged
Tor the prosecution. We got
him off with three years in the
penitcntiary; but he ought not
to have been punished--he
should have been acquitted"
The fellow-passenger -queried
as to the circumstances atten-
ding the alleged murder, and
= the iud0e answered:
"They were very peculiar, and
e that is the reason that the trial
! was so very interesting. A wo-
man up in Montana, who never
saw Tom Carberry thought that
e he had done her a great wrong,
and SO, when she was asked to
> take up new man" as the
phrase is, she named her terms:
a "Kill Tom Carberry of Aus
tin, Nevada"
"But | never saw nor heard
If of the man." said the Montana
II aspirant.
r; "Nevertheless," said she, 'kill
If Tom Carbefry."
at is the depth Of winter, "
!; y was objected, "and we are hun
81 dreds Of miles from Austin.-
The Journey cannot be made" "
y xiii him in the spring" said
sr the unrelcnting woman.
at Yes" he said and the COM
n pact was sealed.
'FWith the opening Of travel
" \, in the spring, there arrived at
n Salt Lake City, by the Montana
q, stage, an individual who freely
at at announced that he was on his
I'll wav to kill Carberry. Salt
+ Lake City is a long way from n
h; Austin, but the friendships OF
Sc border men span much greater
IS distance. Tom was quickly ad-
It. vised of the approach of his
,s visitor, but he took no steps to
h get out Of the way or to be spe-
in cially prepared to see company.
e, He was then employed at the
in keystone mill, nine miles from
Il town, and he staid there nearly
rg a week after he knew that the
i'd Montana chap was in AUSTIN
al an You see. Tom is peaceable
man, and he didn't want any
On On difficulty. Most men would
h; have come in at once and go
the thing off their minds"
p The listener entertained
doubts at this point, but, saying
,ro ro nothing, the judge proceeded:
Saturday evening, just as u
Ist sual with him, Tom came int
o' the city,and after getting shave'
"A and fixed up for his holiday, b
i, went around to the saloons
orr or; where many of the people of
'b- the mining towns spend theI
leisure, to meet his friends. !
wasn't long before he encom
tered the Montana fellow, whC
began at once, in Toms hearing
to make insulting remarks"
Here the listener interrupte
g'n gn- him with-"Why did he max
Tts lnt, insulting remarks? If he ma
nts made long journey solely fc
!, L. the purpose Of killing Tom, VIII
me me didn't he shoot him off hand"
lch- Because" said the judg
ma ma "that would have been murde
and The community is down c
axle murders, and he would hay
and been dangling from an awning
and beam in fifteen minutes. Xii
eek eek ing is a very different natter
It y When two men get into q figb
Cy- and all is fair between them, al
rad one kills the other, the comm
y at nifty don't ordinarily seem
Sup feel much concern on the su
5 of. iect. Under such circumsta
{ u ces, the only way for Montal
nS9s lo@s was to provoke Tom to a qua
$; rel, and lead up to fight. b
ants Tom wasn't disposed to graft
do hin-he wouldn't take any n
do tice-didn't seem to hear; b
NJ. 10 repeatedly left one saloon to