The Albany register. [volume] (Albany, Or.) 1868-18??, 1877-02-23
THE JUDGES STORY.

With these words the Judge awoke
n The consciousness that he had fellow
tra veler. and then, as if somc expiana-
';o,, nf his remark would be in order he
went on:
awe had very interesting trial, III
Austin last week. Tom Carberry-
Irish Tom. he is called-was tried for
murder. defended him, and never
harder for client in my life.
Fer a week before, and throughout the
trial, | worked night and day to look
up testimony, and TO present the case TO |
the Jury in the best possible light. |
with all the attorneys not ell
gagged for the prosecution. We got |
Inn off with three years in the pcniten-
tiary-he should have been acquitted.
The fellow passenger queried as to
the circumstances attending the alleged
murder, and the Judge answered.
s"Ihey were very peculiar, and that
is the reason why the trial was so inter-
esting. 4 woman up in Montana, who
never saw Tenn Carberry, thought he
had done her a great wrong; and SO
when she was asked, as the phrase is.
eto take up with new man. she named
her terms:
".Kill Tom Carberry of Austin, Ne
vala.'
"sBut reyer saw or heard of the
man, said the Montana aspirant.
Nevertheless, said she, skill Tom
Carberry.'
"'it is the depth of WINTER was
objected, sand we are hundreds OF miles
from Austin. The journey cannot now
be made
"sKill 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 freely announced that he was Oh
the way to kill Carbcrry. 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 to be specially pre-
pared to see company. He was then
employed at the Keystone Mill, nine
miles from town, and he stayed there
nearly whole week after he knew that
the Montana chap was iii Austin. Hou
see, Tom is a peaceable man, and he
di.h't want any difficulty. Most men
would have come in at once, and got
the affair off their hands,
The listener entertained doubts at
this point, but saying nothing, Tie Judge
proceeded.
Saturday evening, just as usual with
| him, Tom came into the city, and after
getting shaved and fixed up for his hol-
| iday, 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 lie en-.
countered the Montana fellow, who be-
/ gan at once, In Toms hearing, to make
insulting remarks"
Here the listener interrupted with
"Why did he make insulting remarks
If he bad made long journey solely
for the purpose of killing Tom, why
didn't lie shoot him otf-hand 20
'Because," said the Judge. s'ihat
would have been murder. The commu
nifty is down OH murder, and he would
have been dangling from an awning
beam in fifteen minutes. killing is
different matter. When two men ge
into q fight, and all is fair betweel
them, and one kills the other, commu
nifty don't ordinarily seem to feel mucl
concern on the subject. Under sncl
circumstances, the only way tor Mon
tana was to provoke Tom Into quarrel
and lead up TO fight. But Tom wa
not disposed to crafty him-hc wouldn'
take any notice-didu't seem TO hear
but repeatedly left one saloon 10 go t.
another, just to keep out OF the way
Montana followed him up, until, a
last, standing right before Tom, h
jumped up about two feet from the floor
and came down with heavy jar, AM
said, 'I'm chief.' Even this Tom didn'
reEent-hc only put his hands over hi
face and wept! Fact, sir, the tear
actually flowed, until his best friend
thought be was an arfant coward am
when he got up and went away TO hi
room to bed, there wasn't one of ther
; to say good word for him.
"MoTftans enjoyed q season of glory
He had said, tl'm chieft IN publ
. . plsce, and no man had dared to acccl
: the challenge.
"The next morning Tom was stan(
ing on the sidewalk, when Montau
came along, and they met face To fac
|. Tom spoke to him in a very quiet, 10
tore, saying:
; stranger. You used me pretty roug
!. !. last night, but / don't bear malic
Jest say that you'd been drinkin' al
didn't mean it, and wen say no mo
about it.n
9 'Montana answered, No apologies
mine'
: "sWell,' said Tom, YOU needn't ape
D ogize. Como into the saloon and chin
> glasses with me, and we'll let the naa
: ter DROP
"Then Montana said, Tom CarberE
z either you're generous, or else you
o cowardly. an If had known you at Il
? start, it's most likely wouldn't h
= waded in. But the matter can't be
drop, for there's hundreds OF people
my Rection an between here and the
3 who know / came here to kill you
4 Al ST. GsrV