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Nov. 4, 1869] the first-opened male heads no doubt fertilising the stigma from the next-opened hermaphrodite heads, and so on. In this species the bracts are not cup-shaped, but nearly flat; the stigmas hang out very much farther than in E. helioscopia; and the styles are perfectly straight. The above observations are very imperfect as a series, and I can only offer them as a contribution towards an investigation of the laws which govern the cross-fertilisation or self-fertilisation of winter-flowering plants. On communicating some of them to Mr. Darwin, he suggested that the self-fertilised flowers of Lamium album, and other similar plants, may possibly correspond to the well-known imperfect self-fertilised flowers of Oxalis and Viola; and that the flowers produced in the summer are cross-fertilised; a suggestion which I believe will be found correct.

In conclusion, I may make two observations. The time of flowering of our common plants given in our textbooks is lamentably inexact; for the hazel, March and April for instance! and for the white dead-nettle, May and June! according to Babington. Great care also should be taken to examine the flowers the moment they are brought in-doors; as the heat of the room will often cause the anthers to discharge their pollen in an incredibly short space of time. This is especially the case with the grasses.

HE Protoplasm excitement seems to have died away in a great measure in this country and it is probably no loss to science that the matter has ceased to be a prevailing topic of conversation at dinner tables. We learn, however, from the Melbourne papers, that the arrival of the February number of the Fortnightly Review in the Australian colonies gave rise to an epidemic there of controversial science in a very alarming form. The description they give of the intellectual condition of Melbourne in June and July last, in fact, reminds us of that famous time at Constantinople, when a cobbler would not mend a pair of shoes until he had converted his customer from a Homousian to a Homoiousian, or vice versa. The Melbourne Daily Telegraph is proud to think that a city which a few years back could only be stirred by a "Jumping Frog," is now agitated by proteinaceous theories and this, too, in spite of the fact that they had previously been warned by the scientific correspondent of the Melbourne Leader of Mr. Huxley's gross ignorance and sensational superficiality. It is perfectly well known that at home here Mr. Huxley has been refuted many more times than there are copies of his article; but in Melbourne he was refuted over again afresh. We learn that the Rev. H. Higginson, "in a singularly able discourse at the Unitarian Church, tore the theory to shreds in a way"—reports the Argus with felicitous dubiety—"which showed the preacher to be as keen a humorist as he is a subtle logician." So able was the discourse, and so humorous, that it was repeated shortly afterwards as a lecture at the Mechanics' Institute. Here, however, the lecturer stated that it was a mistake to suppose that he had in the sermon either torn the theory to shreds or treated it in a humorous way and the report of the lecture lends great support to the statement.

It may be perhaps gratifying to Mr. Huxley, to think that he has stirred men's minds in a place which was almost a terra incognita when the unknown young assistant-surgeon of the Rattlesnake looked upon it; but the papers tell us that a reprint of the Fortnightly article has been the first instance of infringement of copyright in that colony; and when the learned anatomist was speaking at Edinburgh he probably little thought that materialism would take its revenge on him by producing the following colony exercise in applied Biology:—

who has made the matter a life study. It is also illustrated daily at his tables, where the "physical basis" can be laid in from 11 to 3 in the best cooked and most varied

in the city.

The first feeling which comes to the mind after such things as these is an unbounded belief in the wisdom of those old teachers who kept esoteric and exoteric doctrines wide apart, and who laid bare the workings of their minds to trusted scholars only, and never to the vulgar gaze. We begin fervently to wish that our illustrious biologist had not, by the dress and mode of his lecture, so laid great biological truths before the public as to excite those especially ignorant of the science of life to try and trample them under foot, and then leave them for a vulgar tavern-keeper to hang up for a sign.

Second—better—thoughts, however, remind us that men of science work not for themselves, or for their scientific fellows, but for mankind; and that only mischief can come of it if they whose business it is to ask Nature her secrets are hindered from telling the world all that they think they hear. It is impossible to separate science from other knowledge and from daily life; all new discoveries especially must have ties with every part of our nature. It is not the business of the biologist to enforce on others what he believes to be the consequences of his biological discoveries; but it is certainly not his duty to withhold his facts from the common people because of the results which he thinks will follow.

And in regard to Australia in particular, we have this reflection, that the plough is needful for the seed; heavy land wants well turning up. There are not wanting signs that a national character is beginning to form among the inhabitants of that country; and we trust that scientific zeal will be one of its chief features. We hope that science even in a controversial form will never again give way in Melbourne to the vain delights of the "Jumping Frog;" and that the protoplasm which Mr. William Barton so admirably cooks will reappear in the nerve cells of Australian brains, and give rise to that love of truth, apart from gold or gain, which is the "moral" basis of "national" life. We may add that we hope not without confidence; for a bright example of conscientious truthfulness appeared in the midst of this small biological tempest. Many of our readers may remember the abundant fervour with which Prof. Halford, some years since, attacked Mr. Huxley's "Man's Place in Nature." At the end of Mr. Higginson's lecture the talented Melbourne anatomist courageously told the meeting, that he had seen reason to change his opinions. Every one here will rejoice to receive from the Antipodes a lesson of self-denial and moral daring, not too common amongst ourselves.

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 indicating self-indulgence, while the slightly retreating chin conveys an idea of weakness of will. His hair and complexion were sandy. He had enough of Irish blood in him to make his manners frank and genial, with a kind of natural gallantry about them. In a fragment of one of his manuscripts which I have read, there is a justness and felicity of expression which is very striking. It is the beginning of a tale, and the actors in it are drawn with much of the grace of characteristic portrait-painting, in perfectly pure and simple language, which distinguishes so many of Addison's papers in the "Spectator." The fragment is too short to afford the means of judging whether he had much dramatic talent, as the persons of the story are not thrown into conversation. But altogether the elegance and composure of style are such as one would not have expected from this vehement and ill-fated young man. He had a stronger desire for literary fame burning in his heart, than even that which occasionally flashed up in his sisters'. He tried various outlets for his talents. He wrote and sent poems to Wordsworth and Coleridge, who both expressed kind and laudatory opinions, and he frequently contributed verses to the Leeds Mercury. In 1840, he was living at home, employing himself in occasional composition of various kinds, and waiting till some employment, for which he might be fitted without any expensive course of preliminary education, should turn up; waiting, not impatiently; for he saw society of one kind (probably what he called "life") at the Black

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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 the copyrighted work, as a matter of law. Our conclusion does not, of course, insulate Accolade from a claim of copyright infringement with respect to its finished products. Sega has reserved the right to raise such a claim, and it may do so on remand.

Ordinarily in a trademark case, a trademark holder contends that another party is misusing the holder’s mark or is attempting to pass off goods or services as those of the trademark holder. The other party usually protests that the mark is not being misused, that there is no actual confusion, or that for some other reason no violation has occurred. This case is different. Here, both parties agree that there is a misuse of a trademark, both agree that there is unlawful mislabeling, and both agree that confusion may result. The issue, here, is—which party is primarily responsible? Which is the wrongdoer—the violator? Is it Sega, which has adopted a security system governing access to its Genesis III console that displays its trademark and message whenever the initialization code for the security system is utilized, even when the video game program was manufactured by a Sega competitor? Or is it Accolade, which, having discovered how to gain access to the Genesis III through the initialization code, uses that code even though doing so triggers the display of Sega’s trademark and message in a manner that leads observers to believe that Sega manufactured the Accolade game cartridge? In other words, is Sega the injured party because its mark is wrongfully attached to an Accolade video game by Accolade? Or is Accolade wronged because its game is mislabeled as a Sega product by Sega? The facts are relatively straightforward and we have little difficulty answering the question.

Sega’s trademark security system (TMSS) initialization code not only enables video game program to operate on the Genesis III console, but also prompts a screen display of the SEGA trademark and message. As a result, Accolade’s inclusion of the TMSS initialization code in its video game programs has an effect ultimately beneficial neither to Sega nor to Accolade. A Genesis III owner who purchases a video game made by Accolade sees Sega’s trademark associated with Accolade’s product each time he inserts the game cartridge into the console. Sega claims that Accolade’s inclusion of the TMSS initialization code in its games constitutes trademark infringement and false designation of origin in violation of sections 32(1)(a) and 43(a) of the Lanham Trademark Act, 15 U.S.C. §§ 1114(1)(a), 1125(a), respectively. Accolade counterclaims that Sega’s use of the TMSS to prompt a screen display of its trademark constitutes false designation of origin under Lanham Act section 43(a), 15 U.S.C. § 1125(a).

Because the TMSS has the effect of regulating access to the Genesis III console, and because there is no indication in the record of any public or industry awareness of any feasible alternate method of gaining access to the Genesis III, we hold that Sega is primarily responsible for any resulting confusion. Thus, it has not demonstrated a likelihood of success on the merits of its Lanham Act claims. Accordingly, the preliminary injunction it obtained must be dissolved with respect to the trademark claim also. However, we decline to instruct the district court to grant Accolade’s request for preliminary injunctive relief at this time. The decision whether to grant such relief requires the making of factual and equitable determinations in light of the legal conclusions we express here. Such determinations are best left in the first instance to the district court.

Section 32(1)(a) of the Lanham Act creates a cause of action for trademark infringement against any person who, without the consent of the trademark owner, “use[s] in commerce any reproduction … of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive….” 15 U.S.C. § 1114(1)(a). Section 43(a) proscribes the use in commerce


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Page:The Reshaping of British Railways (Beeching Report).pdf/53

 OPERATING AND ADMINISTRATIVE ECONOMIES

So far, attention has been devoted to the consideration of changes in the broad pattern of the Railways' activities, but the large scope for economies by improving the way in which things are done is not being neglected. It is impossible to describe all the steps which are being taken, but since it is not very convincing merely to mention the matter without giving any details, some of the more important and interesting activities are touched upon below.

Railway costs are, to a predominant degree, incurred on a time basis, over 60 per cent. of the total is the cost of manpower, and the greater part of the remainder is the cost of providing equipment. Costs which are the equivalent of raw material cost in a manufacturing industry are comparatively small. There are, therefore, real opportunities for cost savings by improving the effectiveness with which men and machines are employed. For example, great scope for economy lies in the improvement of utilisation of locomotives, wagons, containers, coaches, cartage vehicles and the staff associated with their use and maintenance.

An important element is maintenance. Maintenance practices are being subjected to much closer control, and, helped by the reduction in the steam locomotive fleet and the elimination of the older types of wagon and coach, the annual burden is already being very considerably reduced.

The workshops are being rationalised and, apart from the fall in the work load which is already taking place and which may be accelerated, this will result in a reduction of £4 m. in standing charges by 1966.

There is considerable scope for the introduction of mechanical handling equipment to deal more efficiently with existing traffics. The assistance of expert consultants in this field has been enlisted to study methods of handling and carrying parcels and freight sundries. Worthwhile improvement, leading to increased efficiency and greater reliability of service, is expected.

Progress is being made in rationalising the multiplicity of specifications for equipment, materials and stores. This should lead to cost reductions on components manufactured in the workshops and price benefits on purchases from suppliers. A saving of only 1 per cent. on purchase prices for materials would represent £1 m. per annum. Reduction in stocks of stores is being actively pursued and, during 1962, the capital tied up in this way was reduced by £15 m.

In 1961, operation of the railway-owned road vehicle fleet cost £22 m. Study of existing operating practices, standardisation, and improved maintenance techniques should reduce the fleet and improve operations and service. In this field also, the help of experienced operators has been sought. Already it has become apparent that any extra cartage arising out of line and station closures can be undertaken without any addition to the total fleet and staff.

In 1957 an agreement was made in regard to manning of diesel and electric locomotives and multiple units. The contribution made by the Unions was of considerable value. The rapid development of the new forms of traction makes it desirable to seek agreement to further progress in the field of train manning, and discussions are taking place.

Maintenance of signalling equipment, production and repair of wagon sheets, creosoting of timber, quarrying, and concrete component manufacture, are all examples of widely diverse activities associated with the railway, which are being subjected to study and thought.


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 Bull; and at home he was as yet the cherished favourite.

Miss Branwell was unaware of the fermentation of unoccupied talent going on around her. She was not her nieces' confidante—perhaps no one so much older could have been; but their father, from whom they derived not a little of their adventurous spirit, was silently cognisant of much of which Miss Branwell took no note. Next to her nephew, the docile, pensive Anne was her favourite. Miss Branwell had taken charge of her from her infancy; she was always patient and tractable, and would submit quietly to occasional oppression, even when she felt it keenly. Not so her two elder sisters; they made their opinions known, when roused by any injustice. At such times, Emily would express herself as strongly as Charlotte, although perhaps less frequently. But, in general, notwithstanding that Miss Branwell might be occasionally unreasonable, she and her nieces went on smoothly enough; and though they might now and then be annoyed by petty tyranny, she still inspired them with sincere respect, and not a little affection. They were, moreover, grateful to her for many habits she had enforced upon them, and which in time had become second nature: order, method, neatness in everything; a perfect knowledge of all kinds of household work; an exact punctuality, and obedience to the laws of time and place, of which no one but themselves, I have heard Charlotte say, could tell the value in afterlife; with their impulsive natures, it was positive


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Wikisource:WikiProject Film/Drafts/Archives/Alice's Wonderland

User: SnowyCinema

File: Alice's Wonderland (1923) 02.webm

Author: Walt Disney

Publisher: Laugh-O-Gram Studio

Year: 1923

PD: PD/US|1966|film=yes

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Cat: The Alice Comedies, Silent cartoons

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 repose to have learnt implicit obedience to external laws. People in Haworth have assured me that, according to the hour of day—nay, the very minute—could they have told what the inhabitants of the parsonage were about. At certain times the girls would be sewing in their aunt's bed-room—the chamber which, in former days, before they had outstripped her in their learning, had served them as a school-room; at certain (early) hours they had their meals; from six to eight, Miss Branwell read aloud to Mr. Brontë; at punctual eight, the household assembled to evening prayers in his study; and by nine he, Miss Branwell, and Tabby, were all in bed,—the girls free to pace up and down (like restless wild animals) in the parlour, talking over plans and projects, and thoughts of what was to be their future life.

At the time of which I write, the favourite idea was that of keeping a school. They thought that, by a little contrivance, and a very little additional building, a small number of pupils, four or six, might be accommodated in the parsonage. As teaching seemed the only profession open to them, and as it appeared that Emily at least could not live away from home, while the others also suffered much from the same cause, this plan of school-keeping presented itself as most desirable. But it involved some outlay; and to this their aunt was averse. Yet there was no one to whom they could apply for a loan of the requisite means, except Miss Branwell, who had made a small store out of her savings, which she intended for her


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]

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Page:Sega Enterprises v. Accolade.pdf/20

 of a false designation of origin in connection with goods or services where such use is “likely to cause confusion, or … mistake.” Id. § 1125(a). Both Sega and Accolade agree that the screen display of the Sega trademark and message creates a likelihood of consumer confusion regarding the origin of Accolade’s games. The question is: which party is legally responsible for that confusion? We disagree with the answer given by the district court.

The district court found that Accolade bore primary responsibility for any consumer confusion that resulted from the display of the false Sega Message. However, Accolade had no desire to cause the Sega Message to appear or otherwise to create any appearance of association between itself and Sega; in fact, it had precisely the opposite wish. It used the TMSS initialization code only because it wanted to gain access for its products to the Genesis III, and was aware of no other method for doing so. On the other hand, while it may not have been Sega’s ultimate goal to mislabel Accolade’s products, the record if clear that the false labeling was the result of a deliberate decision on the part of Sega to include in the Genesis III a device which would both limit general access and cause false labeling. The decision to use the SEGA trademark as an essential element of a functional device that regulates access and to cause the SEGA trademark and message to be displayed whenever that functional device was triggered compels us to place primary responsibility for consumer confusion squarely on Sega.

With respect to Accolade, we emphasize that the record clearly establishes that it had only one objective in this matter: to make its video game programs compatible with the Genesis III console. That objective was a legitimate and a lawful one. There is no evidence whatsoever that Accolade wished Sega’s trademark to be displayed when Accolade’s games were played on Sega’s consoles. To the contrary, Accolade included disclaimers on its packaging materials which stated that “Accolade, Inc. is not associated with Sega Enterprises, Ltd.” When questioned regarding the Sega Message and its potential effect on consumers, Alan Miller testified that Accolade does not welcome the association between its product and Sega and would gladly avoid that association if there were a way to do so. Miller testified that Accolade’s engineers had not been able to discover any way to modify their game cartridges so that the games would operate on the Genesis III without prompting the screen display of the Sega Message.

In contrast, Sega officials testified that Sega incorporated the TMSS into the Genesis console, known in Asia as the Mega-Drive, in order to lay the groundwork for the trademark prosecution of software pirates who sell counterfeit cartridges in Taiwan and South Korea, as well as in the United States. Sega then marketed the redesigned console worldwide. Sega intended that when Sega game programs manufactured by a counterfeiter were played on its consoles, the Sega Message would be displayed, thereby establishing the legal basis for a claim of trademark infringement. However, as Sega certainly knew, the TMSS also had the potential to affect legitimate competitors adversely. First, Sega should have foreseen that a competitor might discover how to utilize the TMSS, and that when it did and included the initialization code in its cartridges, its video game programs would also end up being falsely labeled. Sega should also have known that the TMSS might discourage some competitors from manufacturing independently developed games for use with the Genesis III console, because they would not want to become the victims of such a labeling practice. Thus, in addition to laying the groundwork for lawsuits against pirates, Sega knowingly risked two significant consequences: the false labeling of some competitors’ products and the discouraging of other competitors from manufacturing Genesis-compatible games. Under the Lanham Act, the former conduct, at least, is clearly unlawful.

“[T]rademark policies are designed ‘(1) to protect consumers from being misled…; (2) to prevent an impairment of the value of the enterprise which owns the trademark; and (3) to achieve these ends in a manner consistent with the objectives of free competition.’ ” Anti-Monopoly, Inc. v.


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 nephew and nieces eventually, but which she did not like to risk. Still, this plan of school-keeping remained uppermost; and in the evenings of this winter of 1839–40, the alterations that would be necessary in the house, and the best way of convincing their aunt of the wisdom of their project, formed the principal subject of their conversation.

This anxiety weighed upon their minds rather heavily, during the months of dark and dreary weather. Nor were external events, among the circle of their friends, of a cheerful character. In January 1840, Charlotte heard of the death of a young girl who had been a pupil of hers, and a schoolfellow of Anne's, at the time when the sisters were together at Roe Head; and had attached herself very strongly to the latter, who, in return, bestowed upon her much quiet affection. It was a sad day when the intelligence of this young creature's death arrived. Charlotte wrote thus on January 12th, 1840:—

"Your letter, which I received this morning, was one of painful interest. Anne C., it seems, is dead; when I saw her last, she was a young, beautiful, and happy girl; and now 'life's fitful fever' is over with her, and she 'sleeps well.' I shall never see her again. It is a sorrowful thought; for she was a warm-hearted, affectionate being, and I cared for her. Wherever I seek for her now in this world, she cannot be found, no more than a flower or a leaf which withered twenty years ago. A bereavement of this kind gives one a


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 glimpse of the feeling those must have who have seen all drop round them, friend after friend, and are left to end their pilgrimage alone. But tears are fruitless, and I try not to repine."

During this winter, Charlotte employed her leisure hours in writing a story. Some fragments of the manuscript yet remain, but it is in too small a hand to be read without great fatigue to the eyes; and one cares the less to read it, as she herself condemned it, in the preface to the "Professor," by saying that in this story she had got over such taste as she might once have had for the "ornamental and redundant in composition." The beginning, too, as she herself acknowledges, was on a scale commensurate with one of Richardson's novels, of seven or eight volumes. I gather some of these particulars from a copy of a letter, apparently in reply to one from Wordsworth, to whom she had sent the commencement of the story, sometime in the summer of 1840.

"Authors are generally very tenacious of their productions, but I am not so much attached to this but that I can give it up without much distress. No doubt, if I had gone on, I should have made quite a Richardsonian concern of it I had materials in my head for half-a-dozen volumes Of course, it is with considerable regret I relinquish any scheme so charming as the one I have sketched. It is very edifying and profitable to create a world out of your own brains, and people it with inhabitants,


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Page:Books on Egypt and Chaldaea, Vol. 25--Liturgy of Funeral Offerings.pdf/49

 the offerings are to be made by Seb, not to a dead man, but to the gods.

In a tomb at Ṣaḳḳârah we have the usual, followed in the second line by   suṭen ḥetep ṭā pert kheru , from which it might be gathered that the ḥetep which the king was asked to give consisted of pert kheru.

Now it is quite clear that  means "offerings" because the signs are followed by the determinatives of bread, beer, or wine, and cakes. This fact was pointed out by Dr. Birch as far back as 1858, and Egyptologists generally have accepted his rendering of the words pert kheru. Professor Maspero has treated the words with his usual skill in his article "Sur l'Expression  mâ-khrôou," and shown that the primary meaning of pert kheru is the appearance of offerings which "come forth at [the sound of] the voice," and gives the reason for his opinion thus. The ministrant who performed the ceremony of making funerary offerings called out the names of the objects which were to be offered from a list which he had with him. Having called out a name his assistants brought the object referred to and set it before the statue, or mummy, of the deceased. As each object was presented,


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 the ministrant recited over it a short formula which contained words similar in sound to the name of the offering, in fact he played on the words, or punned. By means of these formulae the offerings were consecrated, and then they "came forth" on the table of offerings, or on the altar of the god, who was supposed to give a portion of them to the dead. As this "coming forth" only took place after the words had been uttered by the ministrant, the offerings became known as pert kheru, or "things which come forth at the voice."

On the other hand pert kheru, or pert er kheru , may have another meaning, as we see from a passage in the Biography of Paḥeri (l. 42). This official addresses those who live upon earth, and declares that they shall hand on their exalted positions and dignities to their children, provided that they say on his behalf, "" according to the things which are written in the Books, and "," according to the saying of the men of olden time, "like unto the (i.e., the things which come forth) from the mouth of the god."

From this we see at once that the words suten ṭā


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 course was over, beginning on the feast of St. Aloysius, June 21st, 1852. That was, in itself, a little extraordinary, for the great patron of young students found no more devoted follower than Dominic. He was gentle in appearance and manner, and had an air about him of mingled gravity and affability. His disposition was always marked by calmness and good nature; both in school and out of it, his conduct was such as to produce a most agreeable impression, and for me to deal with him in the course of his school work was like a reward for the many fatigues so often to be endured in the training of boys, who are often dull and not eager for lessons. Hence it may very well be said that he was Savio (wise), not only in name, but in fact, viz., in his studies, in piety, in conversation and his dealing with others, and in all his actions.

From the day he entered the school to the end of that scholastic year, and during the four months of the next year that he spent with us, his progress in his studies was little short of phenomenal. He speedily gained the first place in his class, and the other honours of the school, and invariably got full marks for the subjects which were examined from time to time. These eminently successful results must be attributed to his exceptional abilities and to his love of study and virtue.

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Page:Works of Jules Verne - Parke - Vol 2.djvu/52

 "Of course. But still it cannot be done."

"Why?"

"We have not an available boat in all Reykjawik," replied the other.

"What is to be done?"

"You must go by land along the coast. It is longer, but much more interesting."

"Then I must have a guide."

"Of course; and I have your very man."

"Somebody on whom I can depend?"

"Yes, an inhabitant of the peninsula on which Sneffels is situated. He is a very shrewd and worthy man, with whom you will be pleased. He speaks Danish like a Dane."

"When can I see him—to-day?"

"No, to-morrow; he will not be here before."

"To-morrow be it," replied my uncle, with a deep sigh.

The conversation ended by compliments on both sides. During the dinner my uncle had learned much as to the history of Arne Saknussemm, the reasons for his mysterious and hieroglyphical document. He also became aware that his host would not accompany him on his adventurous expedition, and that next day we should have a guide.

evening I took a brief walk on the shore near Reykjawik, after which I returned to an early sleep on my bed of coarse planks, where I slept the sleep of the just. When I awoke I heard my uncle speaking loudly in the next room. I rose hastily and joined him. He was talking in Danish with a man of tall stature, and of perfectly Herculean build. This man appeared to be possessed of very great strength. His eyes, which started rather prominently from a very large head, the face belonging to which was simple and naive, appeared very quick and intelligent. Very long hair, which even in England would have been accounted exceedingly red, fell over his athletic shoulders. This native of Iceland was active and supple in appearance, though he scarcely moved his arms, being in fact one of


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HEN I was bold, when I was bold— And that’s a hundred years!— Oh, never I thought my breast could hold The terrible weight of tears.

I said: “Now some be dolorous; I hear them wail and sigh, And if it be Love that play them thus, Then never a love will I.”

I said: “I see them rack and rue, I see them wring and ache, And little I’ll crack my heart in two With little the heart can break.”

When I was gay, when I was gay— It’s ninety years and nine!— Oh, never I thought that Death could lay His terrible hand in mine.

I said: “He plies his trade among The musty and infirm, A body so hard and bright and young Could never be meat for worm.”

“I see him dull their eyes,” I said, “And still their rattling breath. And how under God could I be dead That never was meant for Death?”

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 those men who despise the habit of gesticulation common to southern people.

Everything in this man's manner revealed a calm and phlegmatic temperament. There was nothing indolent about him, but his appearance spoke of tranquility. He was one of those who never seemed to expect anything from anybody, who liked to work when he thought proper, and whose philosophy nothing could astonish or trouble.

I began to comprehend his character, simply from the way in which he listened to the wild and impassioned verbiage of my worthy uncle. While the excellent Professor spoke sentence after sentence, he stood with folded arms, utterly still, motionless to all my uncle's gesticulations. When he wanted to say No he moved his head from left to right; when he acquiesced he nodded, so slightly that you could scarcely see the undulation of his head. This economy of motion was carried to the length of avarice.

Judging from his appearance I should have been a long time before I had suspected him to be what he was, a mighty hunter. Certainly his manner was not likely to frighten the game. How, then, did he contrive to get at his prey? My surprise was slightly modified when I knew that this tranquil and solemn personage, was only a hunter of the eider-duck, the down of which is, after all, the greatest source of the Icelanders' wealth.

This grave, sententious, silent person, as phlegmatic as an Englishman on the French stage, was named Hans Bjelke. He had called upon us in consequence of the recommendation of M. Fridriksson. He was, in fact, our future guide. It struck me that had I sought the world over, I could not have found a greater contradiction to my impulsive uncle. They, however, readily understood one another. Neither of them had any thought about money; one was ready to take all that was offered him, the other ready to offer anything that was asked. It may readily be conceived, then, that an understanding was soon come to between them.

The understanding was, that he was to take us to the village of Stapi, situated on the southern slope of the peninsula. of Sneffels, at the very foot of the volcano. Hans, the guide, told us the distance was about twenty-two miles, a journey which my uncle supposed would take about two days. But when my uncle came to understand that they


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 were Danish miles, of eight thousand yards each, he was obliged to be more moderate in his ideas, and, considering the horrible roads we had to follow, to allow eight or ten days for the journey. Four horses were prepared for us, two to carry the baggage, and two to bear the important weight of myself and uncle. Hans declared that nothing ever would make him climb on the back of any animal. He knew every inch of that part of the coast, and promised to take us the very shortest way.

His engagement with my uncle was by no means to cease with our arrival at Stapi; he was further to remain in his service during the whole time required for the completion of his scientific investigations, at the fixed salary of three rix-dollars a week, being exactly fourteen shillings and two-pence, minus one farthing, English currency. One stipulation, however, was made by the guide—the money was to be paid to him every Saturday night, failing which, his engagement was at an end.

The day of our departure was fixed. My uncle wished to hand the eider-down hunter an advance, but he refused in one emphatic word—"Efter."

Which being translated from Icelandic into plain English means—After.

The treaty concluded, our worthy guide retired without another word. "A splendid fellow," said my uncle; "only he little suspects the marvelous part he is about to play in the history of the world."

"You mean, then," I cried in amazement, "that he should accompany us?"

"To the Interior of the Earth, yes;" replied my uncle. Why not?"

There were yet forty-eight hours to elapse before we made our final start. Our whole time was taken up in making preparations for our journey. All our industry and ability were devoted to packing every object in the most advantageous manner—the instruments on one side, the arms on the other, the tools here and the provisions there. There were, in fact, four distinct groups.

The instruments were of course of the best manufacture:—

A centigrade thermometer of Eizel, counting up to 150 degrees, which to me did not appear half enough—or


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 too much. Too hot by half, if the degree of heat was to ascend so high—in which case we should certainly be cooked—not enough, if we wanted to ascertain the exact temperature of springs or metal in a state of fusion.

A manometer worked by compressed air, an instrument used to ascertain the upper atmospheric pressure on the level of the ocean. Perhaps a common barometer would not have done as well, the atmospheric pressure being likely to increase in proportion as we descended below the surface of the earth.

A first-class chronometer made by Boissonnas, of Geneva, set at the meridian of Hamburg, from which Germans calculated as the English do from Greenwich.

Two compasses, one for horizontal guidance, the other to ascertain the dip.

A night glass.

Two Ruhmkorff's coils, which, by means of a current of electricity, would ensure us a very excellent, easily carried, and certain means of obtaining light.

A voltaic battery on the newest principle.

Our arms consisted of two rifles, with two revolving six-shooters. Why these arms were provided it was impossible for me to say. I had every reason to believe that we had neither wild beasts nor savage natives to fear. My uncle, on the other hand, was quite as devoted to his arsenal as to his collection of instruments, and above all was very careful with his provision of fulminating or gun cotton, warranted to keep in any climate, and of which the expansive force was known to be greater than that of ordinary gunpowder.

Our tools consisted of two pickaxes, two crowbars, a silken ladder, three iron-shod Alpine poles, a hatchet, a hammer, a dozen wedges, some pointed pieces of iron, and a quantity of strong rope. You may conceive that the whole made a tolerable parcel, especially when I mention that the ladder itself was three hundred feet long!

Then there came the important question of provisions. The hamper was not very large but tolerably satisfactory, for I knew that in concentrated essence of meat and biscuit there was enough to last six months. The only liquid provided by my uncle was scheidam. Of water, not a drop. We had, however, an ample supply of gourds, and


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 my uncle counted on finding water, and enough to fill them, as soon as we commenced our downward journey.

My remarks as to the temperature and quality of such water, and even as to the possibility of none being found, remained wholly without effect.

To make up the exact list of our traveling gear—for the guidance of future travelers—I will add, that we carried a medicine and surgical chest with all apparatus necessary for wounds, fractures and blows; lint, scissors, lancets—in fact, a perfect collection of horrible-looking instruments; a number of phials containing ammonia, alcohol, ether, goulard water, aromatic vinegar, in fact, every possible and impossible drug—finally, all the materials for working the Ruhmkorff coil!

My uncle had also been careful to lay in a goodly supply of tobacco, several flasks of very fine gunpowder, boxes of tinder, besides a large belt crammed full of notes and gold. Good boots rendered water-tight were to be found to the number of six in the tool-box. "My boy, with such clothing, with such boots, and such general equipments," said my uncle, in a state of rapturous delight; we may hope to travel far."

It took a whole day to put all these matters in order. In the evening we dined with Baron Trampe, in company with the Mayor of Reykjawik, and Doctor Hyaltalin, the great medical man of Iceland. M. Fridriksson was not present. Unfortunately, the consequence was, that I did not understand a word that was said at dinner—a kind of semi-official reception. One thing I can say, my uncle never left off speaking.

The next day our labor came to an end. Our worthy host delighted my uncle, Professor Hardwigg, by giving him a good map of Iceland, a most important and precious document for a mineralogist. Our last evening was spent in a long conversation with M. Fridriksson, whom I liked very much—the more that I never expected to see him or any one else again. After this agreeable way of spending an hour or so, I tried to sleep. In vain; with the exception of a few dozes, my night was miserable.

At five o'clock in the morning I was awakened from the only real half hour's sleep of the night, by the loud neighing of horses under my window. I hastily dressed myself


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 and went down into the street. Hans was engaged in putting the finishing stroke to our baggage, which he did in a silent, quiet way that won my admiration, and yet he did it admirably well. My uncle wasted a great deal of breath in giving him directions, but worthy Hans took not the slightest notice of his words.

At six o'clock all our preparations were completed, and M. Fridriksson shook hands heartily with us. My uncle thanked him warmly, in the Icelandic language, for his kind hospitality, speaking truly from the heart. As for myself I put together a few of my best Latin phrases and paid him the highest compliments I could. This fraternal and friendly duty performed, we sallied forth and mounted our horses.

As soon as we were quite ready, M. Fridriksson advanced, and by way of farewell, called after me in the words of Virgil—words which appeared to have been made for us, travelers starting for an uncertain destination.

"Et quacunque viam dederit fortuna sequamur."

("And whichsoever way thou goest, may fortune follow!")

weather was overcast but settled, when we commenced our adventurous and perilous journey. We had neither to fear fatiguing heat nor drenching rain. It was, in fact, real tourist weather. As there is nothing I like better than horse exercise, the pleasure of riding through an unknown country, caused the early part of our enterprise to be particularly agreeable to me. I began to enjoy the exhilarating delight of traveling, a life of desire, gratification and liberty. The truth is, that my spirits rose so rapidly that I began to be indifferent to what had once appeared to be a terrible journey.

"After all," I said to myself, "what do I risk? Simply to take a journey through a curious country, to climb a remarkable mountain, and if the worst comes to the worst, to descend into the crater of an extinct volcano." There could be no doubt that this was all this terrible Saknussemm had done. As to the existence of a gallery or of subterra-


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 neous passages leading into the interior of the earth, the idea was simply absurd, the hallucination of a distempered imagination. All, then, that may be required of me I will do cheerfully, and will create no difficulty.

It was just before we left Reykjawik that I came to this decision. Hans, our extraordinary guide, went first, walking with a steady, rapid, and unvarying step. Our two horses with the luggage followed of their own accord, without requiring whip or spur. My uncle and I came behind, cutting a very tolerable figure upon our small but vigorous animals. Hans, on taking his departure from Reykjawik, had followed the line of the sea. We took our way through poor and sparse meadows, which made a desperate effort every year to show a little green. They very rarely succeed in a good show of yellow. Every now and then a spur of rock came down through the arid ground, leaving us scarcely room to pass. Our horses, however, appeared not only well acquainted with the country, but by a kind of instinct, knew which was the best road. My uncle had not even the satisfaction of urging forward his steed by whip, spur, or voice. It was utterly useless to show any signs of impatience. I could not help smiling to see him look so big on his little horse; his long legs now and then touching the ground made him look like a six-footed centaur.

"Good beast, good beast," he would cry. "I assure you, Henry, that I begin to think no animal is more intelligent than an Icelandic horse. Snow, tempest, impracticable roads, rocks, icebergs—nothing stops him. He is brave; he is sober; he is safe; he never makes a false step; never glides or slips from his path. I dare to say that if any river, any ford has to be crossed—and I have no doubt there will be many—you will see him enter the water without hesitation like an amphibious animal, and reach the opposite side in safety. We must not, however, attempt to hurry him; we must allow him to have his own way, and I will undertake to say that between us we shall do our ten leagues a day."

"We may do so, was my reply, "but what about our worthy guide?"

"I have not the slightest anxiety about him; that sort of people go ahead without knowing even what they are about. Look at Hans. He moves so little that it is im-


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 possible for him to become fatigued. Besides, if he were to complain of weariness, he could have the loan of my horse. I should have a violent attack of the cramp if I were not to have some sort of exercise. My arms are right—but my legs are getting a little stiff."

All this while we were advancing at a rapid pace. The country we had reached was already nearly a desert. Here and there could be seen an isolated farm, some solitary boër, or Icelandic house, built of wood, earth, fragments of lava—looking like beggars on the highway of life. These wretched and miserable huts excited in us such pity that we felt half disposed to leave alms at every door. In this country there are no roads, paths are nearly unknown, and vegetation, poor as it was, slowly as it reached perfection, soon obliterated all traces of the few travelers who passed from place to place.

A few stray cows and sheep were only seen occasionally. What, then, must we expect when we come to the upheaved regions—to the districts broken and roughened from volcanic eruptions and subterraneous commotions?

We were to learn this all in good time. I saw, however, on consulting the map, that we avoided a good deal of this rough country, by following the winding and desolate shores of the sea. In reality, the great volcanic movement of the island, and all its attendant phenomena, is concentrated in the interior of the island; there, horizontal layers or strata of rocks, piled one upon the other, eruptions of basaltic origin, and streams of lava, have given this country a kind of supernatural reputation.

Little did I expect, however, the spectacle which awaited us when we reached the peninsula of Sneffels, where agglomerations of nature's ruins form a kind of terrible chaos.

Some two hours or more after we had left the city of Reykjawik, we reached the little town called Aoalkirkja, or the principal church. It consists simply of a few houses—not what in England or Germany we should call a hamlet. Hans stopped here one-half hour. He shared our frugal breakfast, answered yes and no to my uncle's questions as to the nature of the road, and at last when asked where we were to pass the night was as laconic as usual. "Gardar!" was his one-worded reply.


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 I took occasion to consult the map, to see where Gardar was to be found. After looking keenly I found a small town of that name on the borders of the Hvalfjord, about four miles from Reykjawik. I pointed this out to my uncle, who made a very energetic grimace.

"Only four miles out of twenty-two? Why it is only a little walk."

He was about to make some energetic observation to the guide, but Hans, without taking the slightest notice of him, went in front of the horses, and walked ahead with the same imperturbable phlegm he had always exhibited.

Still traveling over those apparently interminable and sandy prairies, we were compelled to go round the Kollafjord, then following a narrow strip of shore between high rocks and the sea, we came to the "aoalkirkja" of Brantar, and after another mile to "Saurboer Annexia," a chapel of ease, situated on the southern bank of the Hvalfjord. It was four o'clock in the evening and we had traveled four Danish miles, about equal to twenty English.

The fjord was in this place about half-a-mile in width. The sweeping and broken waves came rolling in upon the pointed rocks; the gulf was surrounded by rocky walls—a mighty cliff, three thousand feet in height, remarkable for its brown strata, separated here and there by beds of tufa of a reddish hue. Now, whatever may have been the intelligence of our horses, I had not the slightest reliance upon them, as a means of crossing a stormy arm of the sea. To ride over salt water upon the back of a little horse seemed to me absurd.

"If they are really intelligent," I said to myself, "they will certainly not make the attempt. In any case, I shall trust rather to my own intelligence than theirs."

But my uncle was in no humor to wait. He dug his heels into the sides of his steed, and made for the shore. His horse went to the very edge of the water, sniffed at the approaching wave and retreated.

My uncle, who was, sooth to say, quite as obstinate as the beast he bestrode, insisted on his making the desired advance. This attempt was followed by a new refusal on the part of the horse which quietly shook his head. This demonstration of rebellion was followed by a volley of


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 words and a stout application of whipcord; also followed by kicks on the part of the horse, which threw its head and heels upwards and tried to throw his rider. At length the sturdy little pony, spreading out his legs, in a stiff and ludicrous attitude, got from under the professor's legs, and left him standing, with both feet on a separate stone, like the Colossus of Rhodes.

"Wretched animal!" cried my uncle, suddenly transformed into a foot passenger—and as angry and ashamed as a dismounted cavalry officer on the field of battle.

"Farja," said the guide, tapping him familiarly on the shoulder.

"What, a ferry boat!"

"Der," answered Hans, pointing to where lay the boat in question—"there."

"Well," I cried, much relieved by the information; "so it is."

"Why did you not say so before," cried my uncle; "why not start at once?"

"Tidvatten," said the guide.

"What does he say?" I asked, considerably puzzled by the delay and the dialogue.

"He says tide," replied my uncle, translating the Danish word for my information.

"Of course, I understand—we must wait till the tide serves."

"For bida?" asked my uncle.

"Ja," replied Hans.

My uncle frowned, stamped his feet and then followed the horses to where the boat lay. I thoroughly understood and appreciated the necessity for waiting, before crossing the fjord, for that moment when the sea at its highest point is in a state of slack water. As neither the ebb nor flow can then be felt, the ferry boat was in no danger of being carried out to sea, or dashed upon the rocky coast.

The favorable moment did not come until six o'clock in the evening. Then my uncle, myself, and guide, two boatmen and the four horses got into a very awkward flat-bottom boat. Accustomed as I had been to the steam ferryboats of the Elbe, I found the long oars of the boatmen but sorry means of locomotion. We were more than an hour in crossing the fjord; but at length the passage was con-


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 cluded without accident. Half-an-hour later we reached Gardar.

ought, one would have thought, to have been night, even in the sixty-fifth parallel of latitude; but still the nocturnal illumination did not surprise me. For in Iceland, during the months of June and July, the sun never sets. The temperature, however, was very much lower than I expected. I was cold, but even that did not affect me so much as ravenous hunger. Welcome indeed, therefore, was the hut which hospitably opened its doors to us.

It was merely the house of a peasant, but in the matter of hospitality, it was worthy of being the palace of a king. As we alighted at the door the master of the house came forward, held out his hand, and without any further ceremony, signaled to us to follow him. We followed him, for to accompany him was impossible. A long, narrow, gloomy passage led into the interior of this habitation, made from beams roughly squared by the ax. This passage gave ingress to every room. The chambers were four in number—the kitchen, the work-shop, where the weaving was carried on, the general sleeping-chamber of the family, and the best room, to which strangers were especially invited. My uncle, whose lofty stature had not been taken into consideration when the house was built, contrived to knock his head against the beams of the roof.

As soon as we had freed ourselves from our heavy traveling costume, the voice of our host was heard calling to us to come into the kitchen, the only room in which the Icelanders ever make any fire, no matter how cold it may be. My uncle, nothing loth, hastened to obey this hospitable and friendly invitation. I followed.

On our entrance, our worthy host, as if he had not seen us before, advanced ceremoniously, uttered a word which means "be happy," and then kissed both of us on the cheek. His wife followed, pronounced the same word, with the same ceremonial, then the husband and wife, placing their right hands upon their hearts, bowed profoundly.

This excellent Icelandic woman was the mother of nine-


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 teen children, who, little and big, rolled, crawled, and walked about in the midst of volumes of smoke arising from the angular fire-place in the middle of the room. Every now and then I could see a fresh white head, and a slightly melancholy expression of countenance, peering at me through the vapor. Both my uncle and myself, however, were very friendly with the whole party, and before we were aware of it, there were three or four of these little ones on our shoulders, as many on our boxes, and the rest hanging about our legs. Those who could speak kept crying out saellvertu in every possible and impossible key. Those who did not speak only made all the more noise.

This concert was interrupted by the announcement of supper. At this moment our worthy guide, the eider-duck hunter, came in after seeing to the feeding and stabling of the horses—which consisted in letting them loose to browse on the stunted green of the Icelandic prairies. There was little for them to eat, but moss and some very dry and innutritious grass; next day they were ready before the door, some time before we were.

"Welcome," said Hans. Then tranquilly, with the air of an automaton, without any more expression in one kiss than another, he embraced the host and hostess and their nineteen children.

This ceremony concluded to the satisfaction of all parties, we all sat down to table, that is twenty-four of us, somewhat crowded. Those who were best off had only two juveniles on their knees. As soon, however, as the inevitable soup was placed on the table, natural taciturnity common even to Icelandic babies, prevailed over all else. Our host filled our plates with a portion of Lichen soup of Iceland moss, of by no means disagreeable flavor, an enormous lump of fish floating in sour butter. After that there came some "skyr," a kind of curds and whey, served with biscuits and juniper-berry juice. To drink, we had blanda, skimmed milk with water. I was hungry, so hungry, that by way of dessert I finished up with a basin of thick oaten porridge.

As soon as the meal was over, the children disappeared, whilst the grown people sat around the fire-place, on which was placed turf, heather, cow dung and dried fish-bones. As soon as everybody was sufficiently warm, a general dispersion took place, all retiring to their respective couches.


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 Our hostess offered to pull off our stockings and trousers, according to the custom of the country, but as we graciously declined to be so honored, she left us to our bed of dry fodder.

Next day, at five in the morning, we took our leave of these hospitable peasants. My uncle had great difficulty in making them accept a sufficient and proper remuneration. That evening, after fording the Alfa and the Heta, two rivers rich in trout and pike, we were compelled to pass the night in a deserted house, worthy of being haunted by all the fays of Scandinavian mythology. The King of Cold had taken up his residence there, and made us feel his presence all night.

The two following days were remarkable by their lack of any particular incidents. Always the same damp and swampy soil; the same dreary uniformity; the same sad and monotonous aspect of scenery. I confess that fatigue began to tell severely upon me; but my uncle was as firm and as hard as he had been on the first day. I could not help admiring both the excellent Professor and the worthy guide; for they appeared to regard this rugged expedition as a mere walk!

On Saturday, the 20th of June, at six o'clock in the evening, we reached Budir, a small town picturesquely situated on the shore of the ocean; and here the guide asked for his money. My uncle settled with him immediately. It was now the family of Hans himself, that is to say, his uncles, his cousins-german, who offered us hospitality. We were exceedingly well received, and without taking too much advantage of the goodness of these worthy people, I should have liked very much to have rested with them after the fatigues of the journey. But my uncle, who did not require rest, had no idea of anything of the kind; and despite the fact that next day was Sunday, I was compelled once more to mount my steed.

The soil was again affected by the neighborhood of the mountains, whose granite peered out of the ground like tops of an old oak. We were skirting the enormous base of the mighty volcano. My uncle never took his eyes from off it; he could not keep from gesticulating, and looking at it with a kind of sullen defiance as much as to say "That is the giant I have made up my mind to conquer."


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 After four hours of steady traveling, the horses stopped of themselves before the door of the presbytery of Stapi. We had reached the foot of the volcano.

is a town consisting of thirty huts, built on a large plain of lava, exposed to the rays of the sun, reflected from the volcano. It stretches its humble tenements along the end of a little fjord, surrounded by a basaltic wall of the most singular character. Here we found Nature proceeding geometrically, and working quite after a human fashion, as if she had employed the plummet line, the compass and the rule. If elsewhere she produces grand artistic effects by piling up huge masses without order or connection—if elsewhere we see truncated cones, imperfect pyramids, with an odd succession of lines; here, as if wishing to give a lesson in regularity, and preceding the architects of the early ages, she has erected a severe order of architecture, which neither the splendors of Babylon nor the marvels of Greece ever surpassed. The walls of the fjord, like nearly the whole of the peninsula, consisted of a series of vertical columns, in height about thirty feet. These upright pillars of stone, of the finest proportions, supported an archivault of horizontal columns which formed a kind of half-vaulted roof above the sea. At certain intervals, and below this natural basin, the eye was pleased and surprised by the sight of oval openings through which the outward. waves came thundering in volleys of foam. Some banks of basalt, torn from their fastenings by the fury of the waves, lay scattered on the ground like the ruins of an ancient temple—ruins eternally young, over which the storms of ages swept without producing any perceptible effect!

This was the last stage of our journey. Hans had brought us along with fidelity and intelligence, and I began to feel somewhat more comfortable when I reflected that he was to accompany us still farther on our way.

When we halted before the house of the Rector, a small and incommodious cabin, neither handsome nor more comfortable than those of his neighbors, I saw a man in the


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 act of shoeing a horse, a hammer in his hand, and a leathern apron tied around his waist.

"Be happy," said the eider-down hunter, using his national salutation in his own language.

"Good-dag—good-day!" replied the former, in excellent Danish.

"Kyrkoherde," cried Hans, turning round and introducing him to my uncle.

"The Rector," repeated the worthy Professor; "it appears, my dear Harry, that this worthy man is the Rector, and is not above doing his own work."

During the speaking of these few words the guide intimated to the Kyrkoherde what was the true state of the case. The good man, ceasing from his occupation, gave a kind of halloo, upon which a tall woman, almost a giantess, came out of the hut. She was at least six feet high, which in that region is something considerable. My first impression was one of horror. I thought she had come to give us the Icelandic kiss. I had, however, nothing to fear, for she did not even show much inclination to receive us into her house.

The room devoted to strangers appeared to me to be by far the worst in the presbytery; it was narrow, dirty and offensive. There was, however, no choice about the matter. The Rector had no notion of practicing the usual cordial and antique hospitality. My uncle soon became aware of the kind of man he had to deal with. Instead of a worthy and learned scholar, he found a dull, ill-mannered peasant. He therefore resolved to start on his great expedition as soon as possible. He did not care about fatigue, and resolved to spend a few days in the mountains.

The preparations for our departure were made the very next day after our arrival at Stapi; Hans now hired three Icelanders to take the place of the horses which could no longer carry our luggage. When, however, these worthy islanders had reached the bottom of the crater, they were to go back and leave us to ourselves. This point was settled before they would agree to start. On this occasion, my uncle partially confided in Hans, the eider-duck hunter, and gave him to understand that it was his intention to continue his exploration of the volcano to the last possible limits.


text:
Author:Virginia Davis

Cast member

 * The Alice Comedies (1923–1925), as Alice

title: Author:Virginia Davis


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 But Love came by, to quench my sleep, And here’s my sundered heart; And bitter’s my woe, and black, and deep, And little I guessed a part.

Yet this there is to cool my breast, And this to ease my spell; Now if I were Love’s, like all the rest, Then can I be Death’s, as well.

And he shall have me, sworn and bound, And I’ll be done with Love. And better I’ll be below the ground Than ever I’ll be above.

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See the beautiful Song in Mr. Coleridge's Tragedy "." Why is the Harp of Quantock silent?

The event is thus recorded in the journals of the day: "When the Austrians took Hockheim, in one part of the engagement they got to the brow of the hill, whence they had their first view of the Rhine. They instantly halted—not a gun was fired—not a voice heard; but they stood gazing on the river with those feelings which the


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UNCLASSIFIED TOP SECRET////NOFORN "he had provided the false information in an attempt to reduce the pressure on himself ... and to give an account that was consistent with what [Hambali] assessed the questioners wanted to hear."

( TS////NF ) CIA officers later suggested that the misleading answers and resistance to interrogation that CIA interrogators cited in their requests to use the CIA's enhanced interrogation techniques against Hambali and an associated CIA detainee, Lillie, may not have been resistance to interrogation, but rather the result of issues related to culture and their poor English language skills.

 * 6. After the Use of the CIA's Enhanced Interrogation Techniques, CIA Headquarters Questions Detention of Detainee and Recommends Release; Detainee Transferred to U.S. Military Custody and Heldfor An Additional Four Years

( TS////NF ) In October 2003, the CIA interrogated Arsala Khan, an Afghan national in his mid-fifties who was believed to have assisted Usama bin Laden in his escape

through the Tora Bora Mountains in late 2001. After 56 hours of standing sleep deprivation, Arsala Khan was described as barely able to enunciate, and being "visibly shaken by his hallucinations depicting dogs mauling and killing his sons and family." According to CIA cables, Arsala Khan "stated that [the interrogator] was responsible for killing them and feeding them to the dogs."

( TS////NF ) Arsala Khan was subsequently allowed to sleep. Two days later, however, the interrogators returned him to standing sleep deprivation. After subjecting Khan to 21 additional hours of sleep deprivation, interrogators stopped using the CIA's enhanced

weeks of daily debriefing sessions with [the case officer] carried out almost entirely in Bahasa Indonesia. [Hambali] has consistently warmed to [the case officer's] discussions with him, and has provided to [the case officer] additional information that he had avoided in the past... More tellingly, [Hambali] has opened up considerably to [the case officer] about his fears and motivations, and has taken to trusting [the case officer] at his word. [Hambali] looks to [the case officer] as his sole confidant and the one person who has [Hambali]'s interest in mind...." See 1142 (301055Z NOV 03). This cable appears to have been retransmitted the following day as  1144 (010823Z DEC 03). TOP SECRET////NOFORN Page 109 of 499

UNCLASSIFIED


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 who are so many Melchisedecs, and have no father nor mother but your own imagination I am sorry I did not exist fifty or sixty years ago, when the 'Ladies' Magazine' was flourishing like a green bay tree. In that case, I make no doubt, my aspirations after literary fame would have met with due encouragement, and I should have had the pleasure of introducing Messrs. Percy and West into the very best society, and recording all their sayings and doings in double-columned close-printed pages I recollect, when I was a child, getting hold of some antiquated volumes, and reading them by stealth with the most exquisite pleasure. You give a correct description of the patient Grisels of those days. My aunt was one of them; and to this day she thinks the tales of the 'Ladies' Magazine' infinitely superior to any trash of modern literature. So do I; for I read them in childhood, and childhood has a very strong faculty of admiration, but a very weak one of criticism I am pleased that you cannot quite decide whether I am an attorney's clerk or a novel-reading dressmaker. I will not help you at all in the discovery; and as to my handwriting, or the lady-like touches in my style and imagery, you must not draw any conclusion from that—I may employ an amanuensis. Seriously, sir, I am very much obliged to you for your kind and candid letter. I almost wonder you took the trouble to read and notice the novelette of an anonymous scribe, who had not even the manners to tell you whether he was a man or a


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 woman, or whether his 'C. T.' meant Charles Timms or Charlotte Tomkins."

There are two or three things noticeable in the letter from which these extracts are taken. The first is the initials with which she had evidently signed the former one to which she alludes. About this time, to her more familiar correspondents, she occasionally calls herself "Charles Thunder," making a kind of pseudonym for herself out of her Christian name, and the meaning of her Greek surname. In the next place, there is a touch of assumed smartness, very different from the simple, womanly, dignified letter which she had written to Southey, under nearly similar circumstances, three years before. I imagine the cause of this difference to be twofold. Southey, in his reply to her first letter, had appealed to the higher parts of her nature, in calling her to consider whether literature was, or was not, the best course for a woman to pursue. But the person to whom she addressed this one had evidently confined himself to purely literary criticisms; besides which, her sense of humour was tickled by the perplexity which her correspondent felt as to whether he was addressing a man or a woman. She rather wished to encourage the former idea; and, in consequence, possibly, assumed something of the flippancy which was likely to exist in her brother's style of conversation, from whom she would derive her notions of young manhood, not likely, as far as refinement was concerned, to be improved by the other specimens she had seen,


text: Sunset Gun/For a Lady Who Must Write Verse


text: Sunset Gun/Pour Prendre Congé

title: Sunset Gun/Pour Prendre Congé


text: Sunset Gun/Two-Volume Novel

title: Sunset Gun/Two-Volume Novel


text: Sunset Gun/But Not Forgotten

title: Sunset Gun/But Not Forgotten


text: Sunset Gun/Directions for Finding the Bard


text: Sunset Gun/Superfluous Advice

title: Sunset Gun/Superfluous Advice


text: Sunset Gun/The Last Question

title: Sunset Gun/The Last Question


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 events of the last 15 years at once called up. Prince Schwartzenberg rode up to know the cause of this sudden stop, they then gave three cheers, rushed after the enemy, and drove them into the water.

Before this quarter of the Black Forest was inhabited, the source of the Danube might have suggested some of those sublime images which Armstrong has so finely described; at present the contrast is most striking. The Spring appears in a capacious Stone Basin upon the front of a Ducal palace, with a pleasure-ground opposite; then, passing under the pavement, takes the form of a little, clear, bright, black, vigorous rill, barely wide enough to tempt the agility of a child five years old to leap over it,—and, entering the Garden, it joins, after a course of a few hundred yards, a Stream much more considerable than itself. The copiousness of the Spring at Doneschingen must have procured for it the honour of being named the Source of the Danube.


text: Sunset Gun/A Fairly Sad Tale

title: Sunset Gun/A Fairly Sad Tale


text: Sunset Gun/Theory

title: Sunset Gun/Theory


text: Sunset Gun/Dilemma

title: Sunset Gun/Dilemma


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 such as the curates whom she afterwards represented in "Shirley."

These curates were full of strong, High-Church feeling. Belligerent by nature, it was well for their professional character that they had, as clergymen, sufficient cause for the exercise of their warlike propensities. Mr. Brontë, with all his warm regard for Church and State, had a great respect for mental freedom; and, though he was the last man in the world to conceal his opinions, he lived in perfect amity with all the respectable part of those who differed from him. Not so the curates. Dissent was schism, and schism was condemned in the Bible. In default of turbaned Saracens, they entered on a crusade against Methodists in broadcloth; and the consequence was that the Methodists and Baptists refused to pay the church-rates. Miss Brontë thus describes the state of things at this time:—

"Little Haworth has been all in a bustle about church-rates, since you were here. We had a stirring meeting in the schoolroom. Papa took the chair, and Mr. C. and Mr. W. acted as his supporters, one on each side. There was violent opposition, which set Mr. C.'s Irish blood in a ferment, and if papa had not kept him quiet, partly by persuasion and partly by compulsion, he would have given the Dissenters their kale through the reck—a Scotch proverb, which I will explain to you another time. He and Mr. W. both bottled up their wrath for that time, but it was only to explode with redoubled force at a future period. We


text: Sunset Gun/For a Favorite Grand-daughter


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 had two sermons on dissent, and its consequences, preached last Sunday—one in the afternoon by Mr. W., and one in the evening by Mr. C. All the Dissenters were invited to come and hear, and they actually shut up their chapels, and came in a body; of course the church was crowded. Mr. W. delivered a noble, eloquent, High-Church, Apostolical-Succession discourse, in which he banged the Dissenters most fearlessly and unflinchingly. I thought they had got enough for one while, but it was nothing to the dose that was thrust down their throats in the evening. A keener, cleverer, bolder, and more heart-stirring harangue than that which Mr. C. delivered from Haworth pulpit, last Sunday evening, I never heard. He did not rant; he did not cant; he did not whine; he did not sniggle; he just got up and spoke with the boldness of a man who was impressed with the truth of what he was saying, who has no fear of his enemies, and no dread of consequences. His sermon lasted an hour, yet I was sorry when it was done. I do not say that I agree either with him, or with Mr. W., either in all or in half their opinions. I consider the bigoted, intolerant, and wholly unjustifiable on the ground of common sense. My conscience will not let me be either a Puseyite or a Hookist; mais, if I were a Dissenter, I would have taken the first opportunity of kicking, or of horse-whipping both the gentlemen for their stern, bitter attack on my religion and its teachers. But in spite of all this, I admired the noble integrity which could dictate so fearless an opposition against so strong an antagonist.


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 "P.S.—Mr. W. has given another lecture at the Keighley Mechanics' Institution, and papa has also given a lecture; both are spoken of very highly in the newspapers, and it is mentioned as a matter of wonder that such displays of intellect should emanate from the village of Haworth, 'situated among the bogs and mountains, and, until very lately, supposed to be in a state of semi-barbarism.' Such are the words of the newspaper.

To fill up the account of this outwardly eventless year, I may add a few more extracts from the letters entrusted to me.

"May 15th, 1840.

"Do not be over-persuaded to marry a man you can never respect—I do not say love; because, I think, if you can respect a person before marriage, moderate love at least will come after; and as to intense passion, I am convinced that that is no desirable feeling. In the first place, it seldom or never meets with a requital; and, in the second place, if it did, the feeling would be only temporary: it would last the honeymoon, and then, perhaps, give place to disgust, or indifference worse, perhaps, than disgust. Certainly this would be the case on the man's part; and on the woman's—God help her, if she is left to love passionately and alone.

"I am tolerably well convinced that I shall never marry at all. Reason tells me so, and I am not so


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 utterly the slave of feeling but that I can occasionally hear her voice."

"June 2nd, 1840.

"M. is not yet come to Haworth; but she is to come, on the condition that I first go and stay a few days there. If all be well, I shall go next Wednesday. I may stay at G until Friday or Saturday, and the early part of the following week I shall pass with you, if you will have me—which last sentence indeed is nonsense, for as I shall be glad to see you, so I know you will be glad to see me. This arrangement will not allow much time, but it is the only practicable one which, considering all the circumstances, I can effect. Do not urge me to stay more than two or three days, because I shall be obliged to refuse you. I intend to walk to Keighley, there to take the coach as far as B, then to get some one to carry my box, and to walk the rest of the way to G. If I manage this, I think I shall contrive very well. I shall reach B. by about five o'clock, and then I shall have the cool of the evening for the walk. I have communicated the whole arrangement to M. I desire exceedingly to see both her and you. Good-bye. C. B. 2em 2em 2em

"If you have any better plan to suggest I am open to conviction, provided your plan is practicable."


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 "August 20th, 1840.

"Have you seen anything of Miss H. lately? I wish they, or somebody else, would get me a situation. I have answered advertisements without number, but my applications have met with no success.

"I have got another bale of French books from G. containing upwards of forty volumes. I have read about half. They are like the rest, clever, wicked, sophistical, and immoral. The best of it is, they give one a thorough idea of France and Paris, and are the best substitute for French conversation that I have met with.

"I positively have nothing more to say to you, for I am in a stupid humour. You must excuse this letter not being quite as long as your own. I have written to you soon that you might not look after the postman in vain. Preserve this writing as a curiosity in caligraphy—I think it is exquisite—all brilliant black blots, and utterly illegible letters.

"."

The wind bloweth where it listeth. Thou hearest the sound thereof, but canst not tell whence it cometh, nor whither it goeth.' That, I believe, is Scripture, though in what chapter or book, or whether it be correctly quoted, I can't possibly say. However, it behoves me to write a letter to a young woman of the name of E., with whom I was once acquainted, 'in life's morning march, when my spirit was young.' This


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 young woman wished me to write to her some time since, though I have nothing to say—I e'en put it off, day by day, till at last, fearing that she will 'curse me by her gods,' I feel constrained to sit down and tack a few lines together, which she may call a letter or not, as she pleases. Now, if the young woman expects sense in this production, she will find herself miserably disappointed. I shall dress her a dish of salmagundi—I shall cook a hash—compound a stew—toss up an omelette soufflée à la Française, and send it her with my respects. The wind, which is very high up in our hills of Judea, though, I suppose, down in the Philistine flats of B. parish it is nothing to speak of, has produced the same effects on the contents of my knowledge-box that a quaigh of usquebaugh does upon those of most other bipeds. I see everything couleur de rose, and am strongly inclined to dance a jig, if I knew how. I think I must partake of the nature of a pig or an ass—both which animals are strongly affected by a high wind. From what quarter the wind blows I cannot tell, for I never could in my life; but I should very much like to know how the great brewing-tub of Bridlington Bay works, and what sort of yeasty froth rises just now on the waves.

"A woman of the name of Mrs. B., it seems, wants a teacher. I wish she would have me; and I have written to Miss W. to tell her so. Verily, it is a delightful thing to live here at home, at full liberty to do just what one pleases. But I recollect some scrubby old fable about grasshoppers and ants, by


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 a scrubby old knave yclept Æsop; the grasshoppers sang all the summer, and starved all the winter.

"A distant relation of mine, one Patrick Branwell, has set off to seek his fortune in the wild, wandering, adventurous, romantic, knight-errant-like capacity of clerk on the Leeds and Manchester Railroad. Leeds and Manchester—where are they? Cities in the wilderness—like Tadmor, alias Palmyra—are they not?

"There is one little trait respecting Mr. W. which lately came to my knowledge, which gives a glimpse of the better side of his character. Last Saturday night he had been sitting an hour in the parlour with papa; and, as he went away, I heard papa say to him 'What is the matter with you? You seem in very low spirits tonight.' 'Oh, I don't know. I've been to see a poor young girl, who, I'm afraid, is dying.' 'Indeed, what is her name?' 'Susan Bland, the daughter of John Bland, the superintendent.' Now Susan Bland is my oldest and best scholar in the Sunday-school; and, when I heard that, I thought I would go as soon as I could to see her. I did go on Monday afternoon, and found her on her way to that 'bourn whence no traveller returns.' After sitting with her some time, I happened to ask her mother, if she thought a little port-wine would do her good. She replied that the doctor had recommended it, and that when Mr. W. was last there, he had brought them a bottle of wine and jar of preserves. She added, that he was always good-natured to poor folks, and seemed to have a deal of feeling and kind-heartedness


text: Category:Laughter

title: Category:Laughter


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 about him. No doubt, there are defects in his character, but there are also good qualities God bless him! I wonder who, with his advantages, would be without his faults. I know many of his faulty actions, many of his weak points; yet, where I am, he shall always find rather a defender than an accuser. To be sure, my opinion will go but a very little way to decide his character; what of that? People should do right as far as their ability extends. You are not to suppose from all this, that Mr. W. and I are on very amiable terms; we are not at all. We are distant, cold, and reserved. We seldom speak; and when we do, it is only to exchange the most trivial and common-place remarks."

The Mrs. B. alluded to in this letter, as in want of a governess, entered into a correspondence with Miss Brontë, and expressed herself much pleased with the letters she received from her; with the style and candour of the application," in which Charlotte had taken care to tell her, that if she wanted a showy, elegant, or fashionable person, her correspondent was not fitted for such a situation. But Mrs. B. required her governess to give instructions in music and singing, for which Charlotte was not qualified; and, accordingly, the negotiation fell through. But Miss Brontë was not one to sit down in despair after disappointment. Much as she disliked the life of a private governess, it was her duty to relieve her father of the burden of her support, and this was the only way open to


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  Mills Fun Group, 611 F.2d 296, 300–01 (9th Cir.1979) (quoting HMH Publishing Co. v. Brincat, 504 F.2d 713, 716 (9th Cir.1974)). Sega violated the first and the third of these principles. “The trademark is misused if it serves to limit competition in the manufacture and sales of a product. That is the special province of the limited monopolies provided pursuant to the patent laws.” Id. at 301 (citation omitted).

Sega makes much of the fact that it did not adopt the TMSS in order to wage was on Accolade in particular, but rather as a defensive measure against software counterfeiters. It is regrettable that Sega is troubled by software pirates who manufacture counterfeit products in other areas of the world where adequate copyright remedies are not available. However, under the Lanham Act, which governs the use of trademark and other designations of origin in this country, it is the effect of the message display that matters. Whatever Sega’s intent with respect to the TMSS, the device serves to limit competition in the market for Genesis-compatible games and to mislabel the products of competitors. Moreover, by seeking injunctive relief based on the mislabeling it has itself induced, Sega seeks once again to take advantage of its trademark to exclude its competitors from the market. The use of a mark for such purpose is inconsistent with the Lanham Act.

Sega argues that even if the legal analysis we have enunciated is correct, the facts do not support its application to this case. Specifically, Sega contends that the TMSS does not prevent legitimate unlicensed competitors from developing and marketing Genesis III-compatible cartridges that do not trigger a display of the Sega trademark and message. In other words, Sega claims that Accolade could have “engineered around” the TMSS. Accolade strongly disagrees with Sega’s factual assertions. It contends that the TMSS initialization sequence is a functional feature that must be included in a video game program by a manufacturer in order for the game to operate on the Genesis III. Sega’s factual argument stands or falls on the Nagashima declaration and the accompanying modified game cartridges that Sega introduced at the hearing. Having carefully reviewed the declaration, we conclude that Sega has not met its burden of establishing nonfunctionality.

Based on the Nagashima declaration and on the modified cartridges, the district court concluded that the TMSS initialization sequence was not a necessary component of a Genesis-compatible game. The court found that Accolade could have created a game cartridge that lacked the TMSS initialization code but would still operate on the Genesis III, or could have programmed its games in such a way that the false Sega Message would not be displayed on the screen. The court further found that either modification could have been accomplished at minimal additional expense to Accolade. Accordingly, the court rules that Accolade could not assert a functionality defense.

The question whether a product feature is functional is a question of fact. Inwood Laboratories, Inc. v. Ives Laboratories, Inc., 456 U.S. 844, 855, 102 S.Ct. 2182, 2189, 72 L.Ed.2d 606 (1982). Determination of the correct legal standard to apply in evaluating functionality, however,


text: Category:Mutilation

title: Category:Mutilation


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 her. So she set to advertising and inquiring with fresh vigour.

In the mean time, a little occurrence took place, described in one of her letters, which I shall give, as it shows her instinctive aversion to a particular class of men, whose vices some have supposed she looked upon with indulgence. The extract tells all that need be known, for the purpose I have in view, of the miserable pair to whom it relates.

"You remember Mr. and Mrs. ? Mrs. came here the other day, with a most melancholy tale of her wretched husband's drunken, extravagant, profligate habits. She asked papa's advice; there was nothing, she said, but ruin before them. They owed debts which they could never pay. She expected Mr. 's instant dismissal from his curacy; she knew, from bitter experience, that his vices were utterly hopeless. He treated her and her child savagely; with much more to the same effect. Papa advised her to leave him for ever, and go home, if she had a home to go to. She said, this was what she had long resolved to do; and she would leave him directly, as soon as Mr. B. dismissed him. She expressed great disgust and contempt towards him, and did not affect to have the shadow of regard in any way. I do not wonder at this, but I do wonder she should ever marry a man towards whom her feelings must always have been pretty much the same as they are now. I am morally certain no decent woman could experience any thing but aversion towards such a man


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 as Mr. . Before I knew, or suspected his character, and when I rather wondered at his versatile talents, I felt it in an uncontrollable degree. I hated to talk with him—hated to look at him; though as I was not certain that there was substantial reason for such a dislike, and thought it absurd to trust to mere instinct, I both concealed and repressed the feeling as much as I could; and, on all occasions, treated him with as much civility as I was mistress of. I was struck with Mary's expression of a similar feeling at first sight; she said, when we left him, 'That is a hideous man, Charlotte!' I thought 'he is indeed.


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title: Page:Floras Lexicon-1840.djvu/275


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in March, 1841, Miss Brontë obtained her second and last situation as a governess. This time she esteemed herself fortunate in becoming a member of a kind-hearted and friendly household. The master of it, she especially regarded as a valuable friend, whose advice helped to guide her in one very important step of her life. But as her definite acquirements were few, she had to eke them out by employing her leisure time in needle-work; and altogether her position was that of "bonne" or nursery governess, liable to repeated and never-ending calls upon her time. This description of uncertain, yet perpetual employment, subject to the exercise of another person's will at all hours of the day, was peculiarly trying to one whose life at home had been full of abundant leisure. Idle she never was in any place, but of the multitude of small talks, plans, duties, pleasures, &c., that make up most people's days, her home life was nearly destitute. This made it possible for her to go through long and deep histories of feeling and imagination, for which others, odd as it sounds, have rarely time. This made it inevitable that—later on, in her too short career—the intensity of


text:
Principia Discordia

 * Principia Discordia (First Edition) (1965)
 * Principia Discordia (Second Edition) (1969)
 * Principia Discordia (Third Edition) (1969)
 * Principia Discordia (Fourth Edition) (1970)
 * Principia Discordia (Loompanics Unlimited) (1980), combining the Fourth and Fifth Editions (Fifth Edition previously unpublished). Also features a new foreword by Author:Robert Anton Wilson and other extra material.

title: Principia Discordia


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 her feeling should wear out her physical health. The habit of "making out," which had grown with her growth, and strengthened with her strength, had become a part of her nature. Yet all exercise of her strongest and most characteristic faculties was now out of the question. She could not (as while she was at Miss Wooler's) feel amidst the occupations of the day, that when evening came, she might employ herself in more congenial ways. No doubt, all who enter upon the career of a governess have to relinquish much; no doubt, it must ever be a life of sacrifice; but to Charlotte Brontë it was a perpetual attempt to force all her faculties into a direction for which the whole of her previous life had unfitted them. Moreover, the little Brontës had been brought up motherless; and from knowing nothing of the gaiety and the sportiveness of childhood—from never having experienced caresses or fond attentions themselves—they were ignorant of the very nature of infancy, or how to call out its engaging qualities. Children were to them the troublesome necessities of humanity; they had never been drawn into contact with them in any other way. Years afterwards, when Miss Brontë came to stay with us, she watched our little girls perpetually; and I could not persuade her that they were only average specimens of well brought up children. She was surprised and touched by any sign of thoughtfulness for others, of kindness to animals, or of unselfishness on their part; and constantly maintained that she was in the right, and I in the wrong, when we differed on the point of their unusual excellence. All