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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 mill 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.

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'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.

He

"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. 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!" countenance of Mr. Ellis. "You did not sustain the the injunction was based." "It is true, nevertheless. cited and indignant.

Alarm was on the

allegation on which

Mr. Ellis was ex

"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?"

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"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

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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 hoy," 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.

"Of course I do. What is good for the public is good for me also."

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Say, rather, that what is good for you is good for the public, and then we shall have it rightly expressed.'

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, "Have it your own way," retorted Wheeler, and a head covered with a mop of stiff iron-gray with a forced laugh, yet with repressed imhair met him within the door. They joined patience, like one annoyed. "So that we can hands without so much as saying "Good morn- get the new road opened, we'll not chaffer as to ing," and each looked at the other with pene-who will receive the largest benefit. Will you trating inquiry: as two conscious rogues might move in this thing?" scan each other, they stood face to face for several moments.

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'Anything in which I can help you?" Justin was now smiling and courteous.

"The thing does not concern me alone. It is one in which you and hundreds of others are interested. For a whole range of three miles, there is only one road and bridge leading across Broad Creek. The consequence is that many farmers have to drive a long distance out of their way in getting to a point scarcely half a mile in direct line."

"And so find it difficult to reach your mill, ha? Is that it?" And Justin looked shrewdly at the miller, who shrugged his shoulders and replied

"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

"Me!" with pretended surprise.
"Yes, you."

"What interest have I. in the matter?"
"The common interest of every man in public
improvements."

"For private benefit, ha? 'Twill 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 P

own a foot of land in the neighbourhood of Cypress Creek."

"You can buy in anticipation." The surveyor shook his head. "There's a tract of fifty acres, belonging to Tompkins. He wants to sell-told me so yesterday. The road and bridge will add from two to four pounds an acre to its value. Now, if I were dead sure the court would order the road to be opened, I'd take this land, and make a good thing of it."

Justin did not respond in words, but with a look invited the miller to go on.

"You might have an interest in the purchase." said Wheeler.

The surveyor shook his head, coldly remarking that he had no money to invest. Wheeler dropped his eyes, and pondered certain things that were in his mind, looking at them from all points of view.

"It won't do," he said, speaking slowly, " for me to stand forward in this matter. That Ellis would be sure to get up a counter movement, on the plea that I was trying to injure him and benefit myself; and the allegation would look plausible. But if you took the lead, no one would dare charge an interested motive. Now, I'll tell you, at a word, what I am prepared to do?"

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"To the point; and I'm free to say that if you can't manage it no one in the county need try. So you have my estimate of your influence, Mr. Justin." "Thank you for surveyor, with a bow.

your good opinion," said the

A gleam of evil triumph lit up the miller's face, as he said

"The effect on him won't trouble me." "Ellis is not a bad man," remarked Justin, with a touch of sympathy in his voice..

"No, he is not a devil incarnate; but he's done his best to injure me, and I'm bound to pay him off with double compound interest. If there is one man alive against whom I owe a deeper grudge than another, it is Tom Ellis."

"You've hurt him already worse than he's hurt you."

"He hasn't hurt me at all to speak of," replied Wheeler, with a self-satisfied air. "I'm all right. Give me the new road and bridge, and I'll not regard him as in the neighbourhood. The buzzing of a fly will annoy me more than the clatter of his mill-wheels."

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You will certainly hold him at a great disadvantage."

As Wheeler said this, he turned his head with a quick movement, and listened.

"Is there any one in the back office?" whispered the miller, leaning towards Mr. Justin, with a shade of alarm on his face.

The two men sat very still for several seconds. Then Justin got up quietly, and stepping to a door that led into a small room, pushed it open.

There is no one," he said, in a tone of relief. The two men looked at each other with sobered faces.

"I was certain that I heard a sound in that room," said Wheeler.

"Sounds are often very deceptive," answered the surveyor. "It came from the street, no doubt."

After that, the men drew closer together, and talked in a very low tone. Justin accepted the miller's offer of ten acres in the lot of ground to be bought from Tompkins, and promised to set himself to work immediately. And he was as good as his word.

CHAP. IV.

"How is the new road going to affect you?"

"I'll make Tompkins an offer for his fifty asked a farmer, who had come to Ellis's mill.

acres to-morrow."

The surveyor nodded.

"He'll take me up." "Likely."

"Ten acres shall be yours on the day the road is ordered to be surveyed.”

"Your hand to that," and Justin extended his open palm.

"My hand to that!" and the bargain was ratified.

"You will have to proceed with great caution," said Wheeler. "The moment Ellis gets wind of the movement there'll be a strong opposi

tion."

"Of course. So far as he is concerned, it will be a matter of life and death. After the new road is opened I wouldn't give much for miller's property."

This was about three weeks subsequent to the interview between Justin and Wheeler, mentioned in the last chapter.

"What road?" said the miller, looking curiously at his questioner.

"The new road which is to cross Cypress Creek, just above Harvey Tompkins's."

"What!" The miller's voice cut the air like a whip-lash,

"The new road and bridge near Harvey Tompkins's.",

"Who said there was to be a new road?” demanded Ellis, a slight paleness visible on his

face.

"Is it possible that you havn't heard of it?" said the farmer, in surprise. "I signed the petition several weeks ago, and am almost sure that I saw your name on the paper."

"My name !"

"I couldn't be positive. But such is my impression. I thought it a little curious, seeing that a new road would be more apt to feed your neighbour's mill than yours."

I've never heard of such a petition, much less signed it," said Mr. Ellis, sitting down, from a sense of weakness, on a meal-bag. He felt that an evil power which had been steadily advancing upon him had made another approach, and that he was growing weaker for resistance instead of stronger.

"Who had the petition when you signed it?" asked the miller, after the first confusion of his thoughts had passed.

"It was in the hands of Paul Justin." "Had it many signatures?"

"Yes. Most of the people in my neighbourhood put down their names. We think the road will be an advantage."

"Has the Court made a decree in the case ?" "Yes. It was given on last Monday; and the County Commissioners have ordered a survey."

"And I never knew a word of it!" said the miller, now greatly disturbed. There's some wrong and underhand work in this business."

"I don't know about that. Why should there be? As far as I saw, everything was open and above-board," remarked the farmer, innocently. "It's not an unusual thing to make a new road."

Ellis made no reply to this remark. He felt a stunned sensation. Already, the contest between him and his enemies across the dam had left him weak, crippled, and disheartened. He had not only expended a heavy sum in legal fees, and suffered by an award of damages against himself, but found his head of water so much reduced that only a single pair of millstones could be kept steadily in motion, while his neighbours on the other side maintained both factory and flour-mill in full operation all the while. His only advantage, up to this time, had been the farmer's custom, which his location on the best side of the stream had secured. But a new road and bridge only a few hundred yards below would effectually remove this advantage, and then he would be at the mercy of his opponents.

A feeling of desperation took hold of Mr. Ellis's mind, for he saw only ruin before him. After the farmer had driven away with his bags of meal, he started out to learn all the truth about this new road. He did not have to go very far to obtain the information desired; for, at the point on the creek which had been selected for crossing, he found Justin, with two other men appointed by the county commissioners, engaged in making a survey, and fixing the exact points of location for the bridge. Tompkins was with them, but in no satisfied mood; for just three weeks before, he had sold to Adam Wheeler fifty acres of ground, lying along the creek, on both sides, and through this very ground the surveyor had decided to run the new county road. Too late, he had dis

covered his error in selling. The land was worth £200 more than on the day he passed the title to another.

"Who bought the land?" asked Mr. Ellis, as he and Tompkins drew apart from the men engaged in running lines and taking altitudes and distances.

"Wheeler," was answered.

"My!"

Ellis struck his hands together, as he gave this ejaculation, in a surprised tone.

"Somehow or other, things don't look right," said Tompkins. "Why should he come to me, just when he did, and make an offer for my land?"

"Simply," replied the miller, "because he knew about the project for opening a road. In fact, he's an underhand mover in the whole business. This road is for his benefit. No one else, in my opinion, cares a farthing about it." "It will be bad for you," said Tompkins. "It will ruin me," answered the miller, showing strong excitement.

"Can't you stop it?"

"I'm afraid not. It's too late. A decree from the court has been obtained."

"Have you consulted a lawyer?"

"Not yet. It's scarcely an hour since the news reached me."

"Take my advice, and stir this whole matter to the bottom. There's trickery and underhand work somewhere. Nobody asked me to sign a petition. Why not? Nobody asked you to sign a petition. Why not? Men who work in the dark don't usually have the public good in view. Wheeler is at the bottom of this thing, depend on it. He was very fast to have all the papers signed after bargaining for this land. Couldn't wait a single day. I felt, then, that he must be in possession of information touching the real value of the land of which I was in ignorance."

"All of which makes it clear that he is the moving spirit in this business. I must see my lawyer immediately, and get him to dive down to the bottom of affairs."

The legal adviser of Mr. Ellis had little comfort to give. After hearing all that his client had to say, he declared it as his belief that any attempt to induce the court to alter its decree would be fruitless.

"You can only argue," he said, "an assumed diversion of business from your mill to Wheeler's, and thence injury to yourself. But this will not influence the court. If Wheeler is able to grind cheaper than you, the court will say that here is a reason for, instead of against, the road, as a public benefit. You must adapt yourself to the new circumstances. You must grind as cheaply as Wheeler, and thus retain your business."

"The rates at which he grinds for the farmers won't pay expenses," said Mr. Ellis. "Then, how can he afford to grind at such prices?"

"Don't you know? Haven't I explained it to you over and over again? He keeps two pairs of burrs going all the time on merchant

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