Year: 1873

The next morning Tom was stand
ing on the sidewalk, when Montant
came along, and they met face to face
Tom spoke to him in a very quiet, Low
tone, saying


'' Stranger, you used me pretty
rough last night, but I don't beal
malice. Jest say that you'd beer
drinkin' and didn't mean it, and vel
say no more about


Montana answered: mo apologies
in NINE


g Well, said Tom, you needn't apoI,
ogize, come into the saloon and chink
glasses with me, and wcIl let the matter
drop.


"Then Montana said: tom Car
berry, either you're generous, or else
you're a coward. I don't think you're
cowardIy, an if I'd known you at the
start, it's most likely I wouldn't ha'
waded in. But the matter can't be let
drop, for there's hundreds of people in
my section an between here and there
who know that 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 Jest as good to me as to fight.


"Tom's almost suppliant bearing
disappeared on the instant, and he said :
Stranger, 1 amt much in the habit O.
runnin, an if we're to fight we may as
well have it out now as any time. Are
you heeled?' p


''Tom asked this question because
we have a law against carrying concealed
weapons, which is regarded at such
hours as people think they will have no
use for their arms, and disregarded at
all others.


"The answer was No; I left my
revolver with the bar-keeper of the
Exchange


'''Get it, said Tom; 'PlI wait for
you here


"The Exchange was in a corner
building across a street which came in
at right angles to the sidewalk where
they were standing. Montana went in
at the front door but came out at the
side on the cross street, hoping to steal
up and get the '.rop' on Ton 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 around tie
corner and followed it with just enough
of his head to take sight, Carberry was
not in range. In q moment their eyes
met, and the shooting began. Tom
curled down close to the road-bed, to
present the smallest possible area as a
mark, and because it is comparatively
difficult to hit an object lying on the
ground. Montana sheltered himself
somewhat behind low row of sacks of
potatoes lying on the edge of the side
walk, and partly behind a small avn
ing-post. This last was a fatal error,
for with tall post for a mark it is the
easiest thing in the world to make a
line shot.


81 am making a long story of
the shooting, which in reality was very
soon over. They fired three shots
apiece in as many seconds. Toms third
ball passed through Montana's heart,
and he was dead before his head re-
bounded on the brick pavement. Car
berry surrendered himself at once, and
was kept in jail until his trial came of,
although bail to any amount was of
fered."


After pause, the Judge added: Il
don't see how I could have done more
for him than I did but the man should
not have been punished-hes should have
been acquitted; and he would have
been but for one circumstance, which
preiudiced the court and jury against
him.


what was the circumstance so pre-
judicial ?" questioned the listened.


The Montana chap was the fourth
man Tom had killed in AustiB," an
swered the Judge, innocentIy.