sily be eradicated; but let the wrong go on strengthening and increasing, and you will find it an enemy almost impossible to destroy!" Mr. Ellis looked sober; he saw the force of his friend's illustration; still he shrunk from the issue presented. His soul abhorred strife. "I would do almost anything for peace!" he said, despondingly. "We cannot always have peace on easy terms. Too often it can be secured only at the price of war; and it is better to accept of war, when our enemy is weak, and we have the best position, than to wait until the situations are reversed. One thing is certain, and the sooner you make up your mind to accept and act upon the necessity the better. You cannot escape a war." "It is a cruel necessity-a wicked necessity," said Mr. Ellis, much disturbed. "I grant you that it is; but, there being no escape, act with courage and promptness. Be a strong, brave man, entrenching yourself behind a just cause, asking nothing but right, and yielding to no encroachments from wrong." "What would you advise? What step should I take?" asked Mr. Ellis, in a half-undetermined manner. "Stop this work at once, and refuse to advance an inch until the spirit of your original contract is observed on the other side. The dam cannot be finished without your consent. Wing and Wheeler may go on with their mills if they please; but, if the dam remains incomplete, their works are useless." "I have already expended four hundred pounds," said Mr. Ellis. "Must that all remain a dead loss? I can't afford it! My future prosperity depends on the completion of this mill." "Your future prosperity, say rather, depends on the present settlement of this disagreement with Wing," returned the other. "What great harm can he do me, after all?" urged Mr. Ellis. "Isn't the dispute one about imaginary rights and privileges more than about real ones? I shall get all the water I want from my side of the dam. Suppose Wing and Wheeler do use a larger quantity-what of that, so I get enough?" "A great deal of that, if it is used in a determined violation of a contract between the parties; for then, a wrong to justice is done, and an evil-doer is encouraged to trespass on his neighbour." "But, suppose I am willing to accept the trespass, in order to avoid a quarrel? What then?" "Two evils will follow. The wrong-doer, thus encouraged to wrong by the benefit received as the robber is encouraged on receipt of plunder-will not hesitate at additional wrong in your case, nor fail to regard success as a motive for trespass on others. As a brave, true man, Mr. Ellis, your duty is plain. Security to yourself, and loyalty to justice, demand all the sacrifice of feeling this contest with Wing may require. Let him comprehend, so clearly that he will never fall into the mistake again, that you mean right towards others, and will exact right towards yourself. Suspend all your operations at once, and give him notice in writing that you will neither lay a stone nor strike a hammer until his arrangement with Wheeler, in violation of the original compact, be set aside." "That he'll never do!" replied Mr. Ellis. "I might as well give up for good and allabandoning everything." "A great deal better abandon everything in its present condition, than advance a step, if such is the man you have to deal with," said the friend: "for, rely upon it, he will not let one, over whom an advantage is so easily gained, pass free from injury in the future. He will prey on you all the while." "How that is possible is beyond my ability to see," was answered, "and I've studied the case pretty thoroughly." "As you will," returned the friend, whose ardour now began to cool. "But, my word for it, if you don't settle this affair now, you'll only repent it once in your life, and that will be a perpetual repentance." After this conversation, Mr. Ellis passed a good many days of sober thought. Reason admonished him that his friend was right; but the old cry arose in his spirit-"Anything for peace!" and he shrunk from the impending strife. He was the more ready to shrink, after a brief interview with the Scotchman, for he found him sternly resolved to advance in the way he was going. An intimation by Mr. Ellis that he might suspend operations entirely on his side of the dam, if Wing did not recede from his position, was met by such violence of language, and in such a fierce and threatening spirit, that the peace-loving man was really frightened. He saw, that in any contention which might arise, he would have a desperate and vindictive antagonist-one who would not scruple at any means of annoyance and injuryand he was not brave enough to throw down the gauntlet, and enter the arena of battle. In a conversation which passed between Wing and Wheeler, immediately subsequent to this stormy interview, the Scotchman said, coolly "I know my man. You can frighten him as easily as you can frighten a hare." "Oh, bluff's the game, with men of his kidney!" answered Wheeler, coarsely. "I said, when he broke that agreement about the mill site, he'd repent of it before long," remarked Wing, in a tone of evil triumph, "and I'm always as good as my word. He shall repent. When a man once breaks with me, we are two for ever; and if he gets a-head of me after that, why he's welcome to all the advantage." 66 'But, suppose he were to do as he threatens suspend work on his side of the dam?" Wheeler looked serious as he asked the question. Wing shrugged his shoulders, but answered, "No fear of that." "It would block our game," said Wheeler. "Yes; without the dam our mills would be worthless. But you may set your heart at rest on that score. Ellis will go on with the work. He's terribly afraid of law; and the moment he withdraws his men, I will have him served with a writ to answer for a violation of the contract." "In case he stands a suit, the chances are all in his favour," remarked Wheeler. "Perhaps they are; but law is uncertain. Besides, I have a lawyer who knows all the ins and outs, all the quirks and turns of the courthouse-a man who can bully and brag on the outside, as well as work silently and in the dark. I'll trust my case with him, on a good contingent fee." "And lose it," said Wheeler. "Take my advice, and don't get your case in the hands of a jury; for twelve fair men will say that Ellis is right and you are wrong.' "Twelve fair men might do so; but did you ever hear of twelve clear-headed, honest, fairdealing men being on a jury at the same time? Even on a jury trial I might win. Still I have no idea of letting the case go into court. Should Ellis get angry and unmanageable, I'll submit to an arbitration. If this is kept off until we get our mills well advanced, the vagueness of the contract, and the largeness of the interests involved on our side, will naturally lead the arbitrators to the conclusion that I clearly understood the existence of a right to put up two mills on my property. It will be argued on my side that no possible harm can come to Ellis by a use of the water, as power, that flows from my wheel." "And argued on his," returned Wheeler, "that in building a flour-mill on this side his business must suffer loss." "Yes, that ground will undoubtedly be taken, and with a strong show of reason. But I have faith in being able to keep beyond the law's interference. Ellis is a timid, peace-loving man, and I shall give him a threatening or stormy broadside whenever we meet, just as his mood may happen to require. One thing is certain: I am not going to back down unless under constraint of law. When I once take a course, nothing but an impassable barrier can stop me. And I have, in this thing, taken my course." Thus the matter stood on Archibald Wing's side. He knew that he was in the wrong and an aggressor, but meant to hold his position by all available means, fair or foul. For a man like Ellis, he was a hard antagonist; yet this made resistance to wrong, at the very outset, the more imperative. In all such cases, the first conflict of forces is best; for then it almost always happens that right is a nearer match for wrong than at any time afterwards, and able to conquer at the lightest cost. Steadily, day by day, the works on each side of the stream went on, and the builders, stimulated by Wing, carried on the dam rapidly towards completion. Ellis was troubled with many forebodings of evil. He felt that he was in the hands of two unscrupulous men, who not only had the power, but the will, to do him yrong; and yet he did not possess the courage At last the dam was completed, and the mills on both sides ready to go into operation. By this time the feeling of antagonism between Mr. Ellis and the Scotchman had become so strong that they held no intercourse. If they happened to meet, they simply recognized each other with a distant nod. For months Mr. Ellis had refrained from going over to his neighbour's side of the falls, and knew nothing, by personal inspection, of the interior arrangement and capacity of Wheeler's gristmill. But kind and officious friends kept him posted. One of these came to him soon after the dam and flumes were completed, and said, "I heard something yesterday that I think you should know." "What is it?" asked Mr. Ellis. "It came from one of Wing's millwrights." "Ah! Well, what is it?" "It must be taken, of course, with some grains of allowance? but I shouldn't at all wonder if it were true. Wing is just the man for such a trick." "What trick? Speak out plainly!" urged Mr. Ellis. "He says that Wing's head-gates are at least fourteen inches lower than yours." "No, no! he wouldn't dare to do such a thing!" said Mr. Ellis, at once excited. "As to his daring," replied the friend, “he will dare anything to secure an advantage. If it is true-and you'd better see to it at once-it will enable him to reduce your head of water in dry seasons just that number of inches, to your injury and his gain." I will see to it, and that immediately," was the resolve of Mr. Ellis, who was considerably excited by this grave intimation. But the question as to the means of ascertaining whether the thing alleged were true or not, caused a long and unsatisfactory debate. Wing would, of course, meet the accusation with an indignant denial. Only by a survey, skilfully conducted, was the exact level of the two openings for headgates to be determined; and as this would involve an open rupture between the high contending parties, the mind of Ellis again fell into doubt, and became embarrassed by hesitation. Seriously did he regret his failure to meet the difficulty at an earlier period, and have it pressed to a settlement when the decision could have been met and accepted with but slight injury on either side. Now, as nearly everything he had in the world was invested in his mill, he was anxious to get to work, and realize some of the advantages for which he had been waiting, spending, and labouring. To enter at this point on a quarrel, with its excitements, delays, and unknown consequences was an alternative which he could not accept. And so, trusting that all would come out right, Mr, Ellis left his neighbour to the enjoyment of any advantage he might hold, and turned his whole attention to his mill. CHAP. III. their head-gates lower than ours." Ellis stood like one half stupefied. "I am sure of it. See! the water is still falling. I shall have to stop one pair of stones." Only two pairs were running. And the miller went in to change the gearing, so as to detach a pair of the mill-stones. This being done, the water-wheel regained its usual velocity. For a long time Mr. Ellis stood in deep thought, or walked up and down the floor of his mill, without speaking further to any one; then calling a lad, he said Frank, I want you to go over to the other side, and do an errand for me." The boy was all attention. Ellis's mill contained three pairs of millstones. One of these pairs was designed for he grinding of grists; the others for the manufacture of flour, to be sent to market and sold as merchandize. It was in the calculation of Mr. Ellis to keep two pairs of millstones running for about two-thirds of the year in the manufacture of flour for sale, and a single pairing for me?" running for the same purpose during one-third of the year; or, while the springs were low in summer-time. The stones for grinding grist were to be at all times ready for use. Two things gave Mr. Ellis concern. He feared lest, in consequence of his neighbour's shameless violation of their agreement, he might have a short supply of water during half the year, instead of one-third; and he also feared so serious a diversion of business from his grist-grinding department in favour of Wheeler's mill, as to materially impair the income he had reasonably calculated on receiving. Mr. Ellis started his mill early in the month of April, some weeks before either Wing or Wheeler were ready. He had plenty of water, and all things worked to a charm. Farmers brought their grain to sell or to be ground for their own use, and the great mill-wheel kept ever in motion, from dawn until the shadows fell, By the first of May Wheeler's mill was ready, and then a change was apparent. One morning the water fell sensibly in Ellis's forebay or flume, and there followed, in consequence, a diminished power in all the machinery, "What does this mean?" was the very natural query of his miller, whose practised ear recognized the feebler motion of his wheels; and he went to look at the head of water. Ellis followed him. "The water has fallen at least nine inches," said the miller, as he glanced down into the forebay. "There must be a leak in the dam," replied Ellis, looking away to where the newly-completed barrier stretched from shore to shore. "Yonder is the leak!" and the miller pointed lower down the stream. The great water-wheel of the new inill was in motion, glistening in the sunbeams. The face of Mr. Ellis grew clouded. His heart sunk with a feeling of dismay, for he comprehended clearly the evil which had befallen him. "I was afraid of this." He tried to speak calmly, but his voice was disturbed. Depend upon it," said the miller, "they have done what the millwright affirmed-set "Does Mr. Wheeler know that you are work Frank answered in the negative. "I wish to find out how many pairs of burrs he is now running. Cross over at Jackson's foot bridge, down the stream, and come up on the other side. Look in at the mill, and see what you can see; then come back and report; but don't open your lips on the subject of your errand to a living soul." The lad went off with a bound. In half-anhour he returned, reporting that Wheeler "had on three pairs of burrs." "At this time the head of water was so low on the side of Mr. Ellis that only a single pair could be set in vigorous motion. "Anything for peace" would not answer now. This issue must be met, and if Wing and Wheeler did not yield to right and justice, war was inevitable. So, by the hand of a messenger, word was sent across the river, giving information as to the effect of starting Wheeler's mill on the head of water, and assuming that Wing had made his opening into the dam at a lower level than Ellis, and in plain violation of his contract. To this an insulting answer was returned, which aroused all the latent fire in Ellis's bosom. He saw, now, that nothing was left for him but to accept a heavy loss, or to meet wrong in a stern conflict. For a little while he cast about for a peaceful escape, but none offering, he braced himself for a contest, resolved to battle for his rights to the end. Such men, when the inevitable strife is begun, are rarely conquered. The justice of their cause gives confidence, and a sense of outrage nerves them with endurance and vigour. No half-way measures; no patchedup compromises will suit them. The battle must be fought until right is fully triumphant. A second messenger was despatched, and warning given, that unless a survey of the dam were at once made, by consent of both parties, so as to get the actual level of the two headgates, he would apply for an injunction to restrain both Wheeler and Wing from taking any water from the dam until a survey was ordered by the Court. To this, answer was returned in these words: "Tell Ellis to go a-head; two can play at the game of injunction as well as one." Before the lapse of three weeks injunctions had issued against both parties, and the water about which they were in dispute went foaming over the dam, while the mill-wheels basked idly in the sun. The farmers brought the grain from far and near, but could neither sell it nor get it ground. The lawyer whom Ellis had engaged made every effort to procure an immediate order for a survey of the dam; but the counsel on the other side interposed difficulties and technical objections in order to make delays. So the mills stood idle week after week, and the angry owners, chafed in spirit against each other, meditating punishment or revenge. After two months' loss of time, and consequent injury to both parties, a survey was ordered. To the astonishment of Mr. Ellis, it was declared in the surveyor's report that the head-gates on each side the dam were on exactly the same level. The injunctions were in consequence dismissed. An unjust legal decision, operating to a man's serious injury, is very apt to stir any bad blood that may happen to be in his heart. The sense of outrage is increased by a sense of weakness. While submission to the decree is felt as a stern necessity, the mind casts about for some means of gaining power over the adversary at whose instance the wrong has been suffered. Ellis was in this state, but with no clearly-seen method of reaction upon his neighbour across the falls, when a legal notice was served requiring him to answer for damages sustained by both Wheeler and Wing in consequence of the injunction which he had caused to be served. Hurrying to his lawyer, he laid the summons before that personage. The lawyer looked serious, remarking-“I was afraid of this." "He can't get damages !" Alarm was on the countenance of Mr. Ellis. "You did not sustain the allegation on which the injunction was based." "It is true, nevertheless. Mr. Ellis was excited and indignant. "We do not doubt that. Still the surveyor's report was against us." "Do you know what I think about that?" said Ellis. "What do you think about it?" "The surveyor was feed by Wing. Twentyfive pounds would buy him body and soul." "Be careful when and where you say this," suggested the prudent lawyer. "I will declare it on the house-top," asserted Mr. Ellis. "Don't. It may bring you into trouble with the surveyor." "How?" "In a suit for slander." "That for a slander suit!" and Ellis snapped his thumb and finger sharply. "One trouble at a time. Let us defend the case with Wing and Wheeler before we get in volved in one with Justyn, the surveyor," said the lawyer, "But you don't really apprehend danger from this move on the enemy's side?" "As remarked just now, you did not show cause for an injunction. Security, as you are aware, was required to cover unjust damages to Wing, should they occur. As the court recognizes no adequate cause for the injunction having dissolved it, an award of damages will most probably lie against you. I see only one way in which you may be saved." "What is that?" "A counter-suit for damages against Wing as enjoiner in your case, may lead him to abandon the action now instituted." "Then order the suit at once," said Ellis. "Two can play at this game also.' And it was done. The mills went on grinding and spinning, and the suits went on also, taking more thought than the mills, and wasting as much money as the mills earned. "Ah, if this had been settled in the beginning!" sighed Ellis, almost daily, amid the anxiety that weighed upon his spirits-what “a world of trouble would have been saved! I wanted peace; I would have given anything for peace; and my love of peace has betrayed me into a labyrinth of evil, from which a safe extrication is now impossible." In the midst of all this Ellis could run, as the dry season had commenced, only a single pair of millstones, while Wing had water enough for his factory, and Wheeler never kept less than two pairs of stones in motion. The amount of grinding done by Wheeler was so small, that the working of his mill had proved a loss instead of a gain. At the next term of court both cases came on, and Ellis lost them both. The decisions were based on the surveyor's report, and awarded two hundred pounds damages to Wing and Wheeler for loss of profit on their two establishments during the period covered by the injunction. "Take an appeal," said Ellis to his lawyer, when the decision against him was made. "I will fight them to the death. In for a penny in for a pound. They shall never handle one shilling of my money. I'll spend every farthing I possess in law, rather than let it go into their hands." And an appeal was taken. The scanty supply of water which Mr. Ellis could get from the dam was only sufficient through the months of July and August to enable him to run a single pair of millstones, and so he was compelled to abandon what had been looked to as the most profitable part of the business, merchant-milling, as it was called, or the manufacture of flour for sale in barrels, and limit itself to the grinding of corn, rye, and wheat for the neighbouring farmers. It so happened, that his mill was better situated for this kind of business than Wheeler's, being on the side of the stream on which ran the public road connecting with the most thickly populated portions of the country, The waggon crossing was nearly a mile below, so that Wheeler's mill could not be reached from that side except by a long journey of two miles; equal to four miles going and returning. It availed little for Wheeler, then, that he sent handbills all through the country soliciting patronage for his mill, and offering to grind the farmer's grists for a lighter toll than was exacted by his neighbour. The four additional miles, going and coming, that the farmers would have to drive, barred them from accepting his tempting offers; and he had to content himself with the small custom that naturally fell to his location. He was not content with this, however. Having set out with the "All-for-myself" principle of action, he could not rest in the large advantage already gained, unjustly, over Mr. Ellis, but resolved to leave no means untried for ruining him altogether for the sake of benefiting himself. of it," remarked Justin, seeming to relapse into himself, and putting on a sober countenance. "Oh, dear, bless your soul! I've heard twenty men talking about it during the past week. Somebody must move first in the matter; and I promised several to open the ball.” "At what point is it designed to cross the creek?" asked the surveyor. "I've discussed that with quite a number, and all seem to agree on one location.” "Where?" "About an eighth of a mile below our dam. The hills come down with a gentle grade just at that point, and a road might be cut at a very small expense. The stream is narrow, with close, high banks, and can be easily bridged. All agree upon this," "Ah, Wheeler! You're a shrewd dog," said Justin, slapping his visitor on the shoulder. "Can't deceive me. I'm too old a fox. All this simply means grist to your mill." "That's ungenerous," retorted Wheeler, trying to put on an offended air; but the veil was altogether too transparent, as he was himself conscious. An evil purpose stops at the employment of no means that offers a successful result. Wheeler gave himself earnestly to the work of setting aside, by some means, the disadvantage under which he was labouring in consequence of the better location of his neighbour's mill. As he "It wo'nt do, my boy," said Justin, laughing lay pondering the subject one night, the desired away down his throat with an unmusical chuckle. suggestion came. He did not sleep much after-"I understand it all; so you may as well talk wards, but kept awake until nearly morning, out plainly first as last. Yon want the road and looking at the suggestion on all sides, and bridge?" planning for its safe execution. Early on the next day, Wheeler saddled his horse and rode to a neighbouring town. Stopping at a small office, on the window of which a sign bore the name of Paul Justin, he dismounted and entered. A short, stout man, with a sallow face, and a head covered with a mop of stiff iron-gray hair met him within the door. They joined hands without so much as saying "Good morning," and each looked at the other with penetrating inquiry as two conscious rogues might scan each other, they stood face to face for several moments. "Well?" said Justin, first breaking silence. "I want to talk with you." The tone in which Wheeler spoke showed that something of more than common interest was on his mind. "Sit down. I am at your service." And the surveyor pointed to a chair. Wheeler sat down. "Anything in which I can help you?" Justin was now smiling and courteous. "The thing does not concern me alone. It difficult to reach your mill, "Of course, I feel the want of another road and bridge equally with my neighbours." “You are the first one that I have heard speak "Of course I do. What is good for the public is good for me also." Say, rather, that what is good for you is good for the public, and then we shall have it rightly expressed." "Have it your own way," retorted Wheeler, "Me!" with pretended surprise. "What interest have I in the matter?" "For private benefit, ha? 'Iwill not do, friend Wheeler. So get down from your high position and stand beside me here, on the ground-level. You want this road for your own benefit, and want my assistance in obtaining the required authority. Talk it out, and then we shall understand each other." "Have it so, then. Anything to get the road," said Wheeler. "What good will I gain? You see we are on a level now. You want the new road and bridge for grist to your mill. All right-havn't a word of objection to urge. Let every man get all the advantage he can in this world. That's my way. Now I don't care three pins whether the road is opened or not - that is, so far as my interests are concerned. You understand. If, then, I am to move on this track, just show me whither it leads. Where will I come out?" "Property will rise along the road." "Not so sure of that; and besides, I don't Ꭰ |