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rose and began to dress himself in the dark-
ness. Baker could see the outlines of his
head and shoulders against a strip of gray
sky revealed through an open space above
the door-shutter.

"What 's up now?" he asked with
startled concern.

"I 'm goin' down to see Jeff Good-
now," was the quiet response. " He bunks
at the mill."

" You say you are ? " Baker sat up in
bed, a human triangle with arms for
props.

" Yes ; I '11 never sleep at all till I 've
settled with 'im ; so what 's the use o' puttin'
it off?"

Baker turned his feet toward the side of
the bed.

"Well, I 'm goin' with you," he ejacu-
lated in a tone of disgruntled resignation.

" Not much you hain't ; I don't need no
help nur no witnesses. Jeff Goodnow '11
tote fair with any man; I give 'im that
credit."

"Yes, he '11 tote fair. Is yore gun
loaded ? "

"Yes, it 's all right."

"You 'd better take mine. He has a
shot-gun lyin' round the mill."

" One weapon is enough fer me."

Baker lay down again, and drew the
cover over him. " I don't know as I 'm
bettered any," he grunted. " I don't reckon



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I '11 sleep much tell I hear how you come
out."

Albert Lee made no reply. As he left
the cabin he saw a strip of cloud-veiled
moonlight just above the tallest mountain-
range to the east of him. To reach Good-
now's mill he had to pass the Turner
cottage. It was wrapped in the general
darkness.

Lee passed on, his step firm and deter-
mined. In a few minutes he had reached
the mill. To his surprise, the water from
the elevated wooden sluice was streaming
upon the wheel, which stood motionless,
as if locked— a most unusual thing; for
when the machinery was shut down it was
always done by cutting off the flow of
water by lowering a flood-gate.

As was the custom in that locality be-
fore a closed door, Lee paused and hal-
looed.

" Hello ! " he cried. " Is anybody awake
in thar ? "

Then out from the steady swash of the
falling water came something like a human
voice. It sounded like Goodnow's, but the
door remained closed. Lee waited several
minutes in silence, then he concluded that
what he had heard was the miller speaking
in his sleep; so he called out again, this
time more loudly :

"Hello! hello, in thar! Open up, Jeff
Goodnow! Albert Lee wants to see you,
an* that in a hurry. Pull on some'n' an'
come out."

Then he waited. He heard a repetition
of the sound ; but it was now clearly the
groan of a human being in agony. Startled
beyond expression, Lee stood like a figure
in stone. Again he heard the voice. It
seemed to come from beneath the mill,
down among the numerous wheels which
conveyed the power from the water-wheel
to the grinding-stones overhead. Lee went
to the side of the building, which was ele-
vated on brick pillars, and peered into the
blackness beneath. Standing there, he
heard another groan more distinctly, and
called out :

"Who's down thar?"

" It 's me," said the miller's voice. " Fer
God's sake, hurry ! I 'm fastened betwixt
the cog-wheels ; they are mashin' the life
outen me."

Lee happened to have some matches in
his pocket, and striking one, he lighted
up the dark space about him. An awful



sight was revealed to his gaze. Goodnow's
gaunt body hung crushed and twisted be-
tween the cogs of two enormous wooden
wheels; his head was hanging down, his
face purple. Just above his body lay a
heavy piece of timber with which he had
locked the wheels and prevented his instant
death.

Lee stood aghast, unable to devise a plan
of rescue, unfamiliar as he was with ma-
chinery ; but it occurred to him that the
water ought to be shut off from above, and
this idea he communicated to the suffering
man.

" The switch is in the mill ; door locked ;
cayn't git key out o' my pants pocket,"
came in halting jerks from Goodnow's
lips. " Fer God's sake, do somc'n' ! My
strength is almost gone— been here since
dark!"

Lee then remembered seeing a piece of
heavy scantling outside, and he ran to get
it. When he had brought it, he struck an-
other match, and by its light thrust the end
of the piece of timber into a place between
the spokes of the wheel, believing that if
he were strong enough he could turn the
wheels backward and force them to give
up their prey.

" Now git ready," he said to Goodnow.
" Ef I move it, roll out as quick as you can."

" Go ahead," groaned the miller. " I *m
afeard you hain't strong enough, but I hope
God will spare me."

The timber on his shoulder, Lee stooped
low and began to straighten himself. The
strain was frightful ; the timber cut sharply
into his flesh, and he had to stop. Making
a pad of his coat and placing it between
the scantling and his Moulder, and once
more encouraging Goodnow, he tried again.
Never had he dreamed of putting his
strength and frame to such a test. But
he was successful. The wheels creaked,
cracked, and turned slowly backward.
The figure of the miller writhed and rolled
to the ground. Lee released his timber;
the wheels started on again, but were im-
mediately locked as before.

For a moment Goodnow lay where he
had fallen ; then he sat up slowly.

" Thank God ! thank God ! " he panted.
" Oh, Lord, it was awful— awful ! "

"Any bones broke?" gasped the res-
cuer, recovering his breath in jerks.

" No ; they had me in the fleshy part o'
the stomach, mashed down to the thickness



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A QUESTION OF VALOR



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o' that timber. Ef you had n't 'a' come
along I 'd 'a' died a slow death o* torture.
Oh, Lord, I feel good! I was oilin' up.
I 'lowed I could do it better while she was
runnin' full tilt. My foot slipped, an' the
cogs ketched me. I was standin' on the
timber, an' had the sense to shove it 'twixt
the spokes as I fell. Geewhillikins ! it was
awful— awful!" Goodnow groaned in
pain as he stood up, and rubbed himself
from head to foot. Then he limped out into
the better Hght at the side of the mill, still
rubbing himself on the arms and stomach.
" My Lord, Lee, ef you had n't happened
along—" He paused, staring inquiringly
into Lee's face. "Ef you had n't come
along— by George ! this is out o' yore reg-
'lar beat, ain't it ? "

"Yes, it 's out o' my way, an' not my
time o' night to be out o' bed ; but I wanted
to see you particular, Goodnow."

" Oh ! " Certain glimpses of the recent
past were coming back to the miller.
" Oh ! " he exclaimed again. " I remember
now. I was sorter lookin' fer you, too. But
you come on me so unexpected-like that — "

" I come to see you about Mrs. Turner
an' her daughter," said Lee, his tone hard-
ening as his eyes bore down accusingly on
Goodnow' s.

" Yes, I know. Folks told me I mought
look fer you 'most any hour, an' I 've sort
o' been ready. My gun 's in my hip-pocket.
While I was clamped down thar the dum
thing was driv' fully a' inch into my hip-
bone, but she 's high an' dry. But, lawsy
me ! I never felt so quar over a chance to
fight in my life. It seems mighty funny fer
me. Somehow I don't take half the intrust
at gittin' a swipe at you as I 'lowed I
would." Goodnow rubbed his stomach,
winced as if in sudden pain, and sat down
on the steps of the mill. " I reckon them
cogs down thar squose my ol' f eelin' out ;
but she 's shore to come back. I know
purty well how you feel about that dang
strip o' land ; I cajm't blame you fer takin'
it up, an' atter the big favor you done me
jest now, I 'd accommodate you, ef I was
as weak as a cat The truth is, I kin pull
a trigger as well as I ever could, an' aim
as steady. Yes, I reckon you ort to take
it up ; fer, atter all 'at 's been said here an'
yan, you never would stand well in the
community ef you did n't ; an' they say—
some do— that the gal will go back on you
ef you don't I'am me some sense. So any



time 'at pleases you, ur any way you name,
I-"

" I hain't got nothin' to say about the
lawsuit," broke in Lee. " I come down here
to-night 'ca'se I beared you slandered them
two helpless women— that 's what I come
fer, Jeff Goodnow."

A look of perplexity struggled into the
wan, sinewy face of the miller. The meal-
dust on his cheeks made his dark eyes shine
by contrast as he lifted them to the fierce
orbs above him.

"A lie is out," he said with decision.
"Anybody 'at says I ever cheeped one
word ag'in' them ladies is a liar, an' I want
to face 'em."

"It come from Mrs. Hawkes— Jabe's
wife," explained Lee, still sternly.

" Then, as she 's a female, I won't say
she 's a liar, but she 's dum badly mistaken,"
answered Goodnow, " an' I may as well put
in 'at she 's mistaken in mighty nigh ever'-
thing she says. She 's that sort."

Lee inhaled a deep breath ; he felt re-
lieved in some vague way not attributable
to lack of courage.

" I believe you, Goodnow," he said, " an'
betwixt men that 's enough. I 'm goin'
back to bed."

" Hold on." The miller caught his hand
without rising, and detained him. " Thar 's
a lots I 'd like to say," he began awkwardly,
" but it looks like them wheels has upset my
brain a little. Atter yore friendly feelin',
an' what you done jest now, I 'm a-goin'
to feel powerful bad about all I 've done.
Fer jest that wuthless strip o' land that I
never had no use fer, it looks like I 've
about parted two young folks, ef what folks
says is so. They say she won't take you
onless me 'n' you hitch, an' it looks like we
cajm't manage that, somehow."

" It looks like it, Jeff."

The wounded man leaned back till his
shoulders touched the steps above him, and
Lee knew he was trying to subdue another
twinge of pain.

" I reckon you— you won't feel exactly
happy over the way she 's a-doin'," he said
in a voice that touched a chord in the
lover's breast.

"I don't expect to feel the same— ever
any more, Jeff."

The miller locked his hands together,
and with them supported his head as he
still reclined. " It 's all my doin's, an' I
feel dum bad," he declared. "I don't



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know when I ever felt jest this away. I
wish we could hitch, Lee. I do, as God is
my jedge an* maker. Mebbe we could—"

" No, we could n't," broke in the younger
man, firmly. "You ort to be in bed, Jeff.
Do you want me to go fer a doctor ? "

"No." The miller shook his head. "No.
I 'm all hunky-dory ; I 'm jest sore an' spent-
like ; I '11 be all O. K. in a day ur two."

The next afternoon just before sundown
Mrs. Turner came into her daughter's
room, surprising Carrie as she .sat on the
floor at a little paper-covered trunk from
which she had taken a packet of Albert
Lee's letters. Traces of tears were on her
cheeks, and dark lines encircled her eyes.

" What you reckon ? " exclaimed the old
woman. "Jeff Goodnow 's out thar. He
driv' up to the gate jest now an' called me.
He looks white in the face, like he had some
complaint I axed 'im what he wanted, an'
he jest said he wanted to see you bad, an'
begged me to tell you to come out thar."

" He said he wanted to see me ? " Car-
rie dropped the letters into the trunk, closed
the lid, and rose to her feet. " Mother, what
you reckon he— I 'm not goin' a step."

The eyes of the two women met steadily.

" I believe I would," advised Mrs. Tur-
ner. "He looks bad, like he 's sufferin'.
Mebbe he wants to do us jestice. Meb-
be—" But the old woman really did not
know the object of Goodnow's surprising
visit, and she gave the question up, in the
hope that her daughter would find out

As Carrie approached Goodnow's buggy,
the miller took off his big felt hat cour-
teously and bowed. "I 'm sorry I 'm a
leetle too sore to alight," he apologized.
" I had a' accident at the mill, an' it 's
mighty nigh done me up. I railly had to
be helped in my buggy. Ef I was to git
out I 'm afeard I could n't git back on the
seat ag'in. I 've come over to beg yore
pardon an' yore ma's, Miss Carrie. I feel
meaner 'n a' egg-suckin' dog about that
dang lawsuit. I 've been lookin' over my
papers, an' have made the diskivery that
the strip o' land was yor'n, jest like yore
pa had it I 've jest been to town an' had
the papers made out right, an' properly
recorded."

The plaintive tone and the pale, drawn
face completed the conquest of the proud
beauty at the gate. " It 's all right, Mr.
Goodnow," she faltered, after a pause.



" I was shore you made a mistake at the
start"

Then it struck Goodnow that he had
only begun the task which had pulled him
out of bed, where he really ought to have
been, and he hesitated, clumsily fumbling
the reins in his hands.

" I was late makin' the diskivery, I grant
you," he said, "an' I don't know as I ever
would 'a' seed it jest right ef I had n't been
made to, Miss Carrie. Yes, I had to come
across. I used to think I was the cock o'
the walk, as the feller said, but I belong
to a past gineration. Last night about ten
o'clock— well, I reckon it was nigh mid-
night, now I come to think of it— Albert
Lee come down to the mill loaded fer bear.
He 'd beared I had slandered you 'n' yore
ma. Miss Carrie, an' he wanted blood so
bad he could taste it I never cheeped one
word ag'in' you two in my life. Miss Carrie,
as God is my jedge, but he 'd beared I did,
an' he come with fire in his eye. He ain't
the sort to be drug into a fight jest fer any
excuse; no man is that is a brave man
right He never would 'a' fit over that
land deal, an' no other fightin' man would,
I reckon ; but, lawsy me ! ef you want to
see 'im bile over, jest hint some'n' ag'in' a
woman. Well, that 's what he come to the
mill fer, an' he stood in front o' the door
an' ordered me to come out in double-
quick time ur he 'd pull me out by the
heels. An' whar do you reckon I was.
Miss Carrie ? I was clamped betwixt two
big cog-wheels under my mill, mighty nigh
dead. I beared 'im a-callin' out, an' I tried
to attract his attention, but I could n't raise
my voice much above a whisper. How-
somever, he beared me atter a while, an'
come down, an' prized me out with a piece
o' timber. Even then he wanted blood, an'
he 'd 'a' had it ef I had n't showed 'im
that a lie was afloat. I jest thought I 'd
come an' tell you about it. Miss Carrie, fer
they say you 've hurt his feelin's awful by
callin' 'im a coward. A brave man 'u'd
rather die 'an be called that by— by the
woman he loves. Miss Carrie ; an' ef Albert
Lee ain't a brave man, the Almighty made
the biggest botch of a job he ever under-
took."

Carrie Turner was actually so deeply
moved that she could make no reply. See-
ing her embarrassment and the stamp of
regret on her pretty face, the miller turned
his horse round and raised his hat.



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NOT HIS THE SILENCE



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"Good day, Miss Carrie," he said. "I
know you '11 do what 's right."

When he was gone the girl started into
the house ; but seeing the curious face of
her mother at a window, and wishing to
avoid her just then, she retraced her steps
to the gate. It was fortunate that she did
so, for down the road she saw Albert Lee
astride of his field-horse, making his way
home. She waited at the gate till he
was opposite her, then she called to him
faintiy.

"I want to see you, Albert," she said.
" Can't you stop ? "

In great siuprise he reined his horse in
and dismounted, leading the animal as he
drew near her.

" You say you want to see me ? " he
questioned, as if doubting the evidence of
his senses. Then the flood of tenderness
in her face caught his glance and swept it



deeper down toward her heart, and, aided
by his rising hopes, he began to see— to
comprehend.

" Mr. Goodnow come here jest now an'
told me everything," she cried. "Oh, Al-
bert, I 'm so— so miserable! I 've been
unhappy ever since we fell out. Oh, can
you ever forgive me ? "

" Thar never was one thing to forgive,"
he beamed, as he caught her hand and
pressed it. " I 've been suif erin' torments.
I 'lowed we never would be— like we was
ag'in."

They stood there until the sun went
down, until the gray dusk wrapped them
in its gentle folds. Then Mrs. Turner came
out with a light step, a shawl in her hand,
and threw it over Carrie's shoulders.

"You '11 ketch yore death o' cold," she
said in a tender, caressing tone. "Then
what 'd you both do, I 'd like to know ? "



NOT HIS THE SILENCE

BY MARIAN WARNER WILDMAN



OYOU whose doubt I know, whose pain I share.
Who cry into the night if God be there,
And wait, and listen, till the darkness seems
As empty and as meaningless as dreams !
Across my soul-dark shines one ray of light,
A silver star upon the void of night.
If there be comfort in it, take the thought:

Through countless years an Unknown Worker wrought,

Till lo ! we see the sunrise, hear the wind,

Awake, rejoice, and guess a God behind !

Long ages more the Laborer will need

To give us soul-eyes that we see indeed ;

Long ages more before our dullard ears

Shall catch the music of the quiring spheres.

Be still, O crjnng souls ! I think he hears
The bitter falling of our midnight tears ;
Yearns pitiful above the infant, Man ;
Awaits the patient progress of his plan
Within the soul that now in anguish cowers.
Not his the silence, but the deafness ours.



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WHO WAS HAMMURABI?



A STUDY OF THE FOUNDER OF BABYLON,-A CONTEMPORARY OF

ABRAHAM,-IN THE LIGHT OF THE RECENT DISCOVERIES

AT SUSA OF THE EARLIEST CODE OF LAW

BY DR. WILLIAM HAYES WARD




&T must have been some four hun-
dred miles by the old road and
canals from Sippara to Susa;
but it was easier traveling in that
region four thousand years ago than it
is now, for Hammurabi was a strenuous
ruler. It had taken him thirty years to
throw off the yoke of the Elamites, with
their capital at Susa, and the remaining
dozen years of his reign he devoted to con-
solidating his empire, which now for the
first time in history united under one rule
the whole of Babylon and added to it the
suzerainty of Elam, or southern Persia, with
Assyria to the north, and even Syria and
Palestine as far as the Mediterranean Sea.
Being a great statesman as well as con-
queror, he built roads, dug canals, and was
the first to collect and formulate into code
the decisions which the civil coiurts had
rendered and which had grown out of
judges' law. This full code, the most elab-
orate monument of early civilization yet
discovered, he engraved on great stone
stelae, and set up in the principal cities of
his realm, where they could be read by all
his subjects. There were about two hun-



dred and eighty separate decisions, or
edicts, covering the rights of property,
inheritance, marriage, divorce, injuries to
life or person, rents, wages, slavery, etc.
On the stele, following the text of the laws,
Hammurabi told his people why he had
set up and published this code. It was that
justice might be established, and that any
one who had a complaint against his neigh-
bor might come and read the law and learn
what were his rights.

Hammiu-abi reigned in Babylon about
2250 B.C. We know nothing of Babylon
before his time. There were other local
capitals: Ur, Erech, Nippiu-, and Lagash
to the south, and Agane and Sippara to the
north, each the seat of a temple of some
one of the gods. At Sippara the local di-
vinity was Shamash, the sun-god. We
know the form under which Shamash was
worshiped, for Mr. Rassam, in his excava-
tions at Sippara, the modem Abu-habba,
dug up, from a great depth, the sacred
image of the god, a bas-relief on a large
slab, accompanied by a memorial inscrip-
tion of King Nabu-abal-idin, or Nebo-gi ves-
a-son. The sun-god sits on his throne under



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WHO WAS HAMMURABI?



455



a canopy, and the king is presented to him
by two divine attendants. Before the god,
resting on a table, is the symbol of the
sun, with alternate rays and streams ; and
above are two figures who direct the course
of the sun in his daily journey, much as a
Persian artist would place the disk of the
sun in a chariot to be drawn by his horses,
or as a Greek artist would give him a
charioteer. There are smaller symbols of
the sun, the moon, and Venus, and the cu-
neiform inscription explains the meaning
of the composition. When this stone was
found by the Arab workmen, they came
running to Mr. Rassam and told him they
had found Noah with his sons Shem, Ham,
and Japheth; and Mr. Rassam was so
pleased that he killed an ox and made them
a great feast.

In this city of Sippara and before the
sun-god's temple Hammurabi set up one
of the great stone columns on which were
inscribed the laws. It remained there three
hundred years or more, until, in a feebler
succession, the kings from the mountains
of Elam invaded and conquered again the
rich plains of Babylonia. We know not
what costly spoil of gold and embroidered
vestures they carried away ; but much more
important for us was their loot of the his-
torical stone monuments of Babylonia, and
most fortunate of all was their choice of
the stele of Hammiuubi. He had first
brought the heavy stone perhaps from the
mountains of Arabia, it may be by boat
from the western side of the Arabian penin-
sula, some think even from the Sinaitic
quarries at the north end of the Red Sea.
That would have taken a year's travel. The
Elamite conqueror put this stone and a
considerable number of smaller stone rec-



ords of land-grants (like the one pictured
on page 459), called kudurus, into boats,
and, following the main canals, reached
the Tigris River (for Sippara is near
the Euphrates), and then passed down
to the Persian Gulf, and thence up the
Kariin or Eulaeus River, or quite as likely
through some of the intersecting canals,
and by this long journey they were brought
to grace his triumph at Susa.

In the classic lands and the lands of the
ancient East excavations by foreign schol-
ars are encouraged or allowed, but the
objects found cannot be removed to other
countries, except in the case of duplicates
of no special value. The rape of the Elgin
Marbles is an event of long ago which
Greece moiuns. Old pictures must be
smuggled from Italy. Egypt has half a
dozen expeditions at work excavating all
the time, but whatever is found is tributary
to the Bulak Museum. Even Tiu-key now
has strict laws, which are building up the
Constantinople Museiun. Only Persia is
a free hunting-ground, especially for the
French government In 1882 M. Dieula-
f oy, with his energetic wife dressed in mas-
culine attire, began explorations at Susa,
and removed the upper layers of soil. They
were followed, after an interval, by M. de
Morgan, a savant of the first rank, who had
gained his experience in Egypt. He has
been at work for nearly ten years, and has
gone down to the lower strata, which repre-
sented the earlier period of the history of
Elam. But the most valuable things found
thus far are those objects which had been
brought as trophies from Babylonia. One
of these is the wonderful stele of Naram-
Sin, who ruled northern Babylonia 3000
years B.C., some say 3700 years B.C. The



From Lajard's " Culte de Mithn "
THE SUN IN HIS CHARIOT: FROM AN OLD PERSIAN MANUSCRIPT



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king stands proudly on the field of battle,
and the vigor of the art is worthy of the
early Greek period. A stele of vastly more
value for the history of civilization than
the stele of Naram-Sin, or the stones which
record the grants of land by kings to their
favorite subjects, covered with grotesque
emblems of the gods who will punish any
one who ventures to annul the grant, is
the great stele of Hammurabi from Sip-
para. On it we see the king in the same
humble attitude of adoration which appears
on the other stele found at Sippara, stand-
ing in worship before thesim-god Shamash.
He is not, as has been said by those who
have published it, represented as receiving
the laws from Shamash— that is a bit of
imagination borrowed from the account of
God's giving the law to Moses; but he
simply appears in the ordinary attitude of
worship, lifting his hand to his god. Sha-
mash was designated the " Judge of Gods
and Men." It was then specially appro-
priate that this record of laws should be
set up before his shrine, in his city, and
that he. should be represented not as a
warrior in a fighting attitude, but sitting on
the throne of judgment. At the same time
his solar character was indicated by the
rays rising from his shoulders, which are
omitted in the other stele foimd at Sippara.
The carrying away to Susa of the record
of the laws of Hammurabi may have been



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