The Tomahawk., 1925-08-06
HARSHNESS
OF THE OLD
LAW
By BATTERMAN LINDSAY
90 by Short Story Pub. Coz

II VIE SlutTS udu sat iouS Al uSiiu-
Grafton around the fickerins
council fire. There had been
protracted silences broken by
seemingly casual remarks from one
cultural throat or another, until all
had spoken. Then arose patriarch,
and leaning on his staff, uttered HIM
self passiOnately and at length.
Bent, smoke dried, blear-eyed, tooth
less, the fires Of youth seemed to re-
animate his shrunken frame, as he told
of the past when the Piute had been
sufficient unto himself; when by the
'prowess Of his bow, and the cunning
Of his snare, and the industry OF his
women, he had been supplied with
food, raiment, dwellings and utensils
meet for his needs; when he was
manly, temperate. self-supporting and
equal to his fate, be 1t good or Ill.
And now, what was he? A beggar
at back doors, or a prisoner on reser-
vations; a scoff, byword, a slave to
the white mans f1rewater whenever
he could lay hands on it. His women
hO iohSCl Jug IOotS anu SulCu hOSh
and fish, and dried berries, or wove
water-tight baskets, or sewed robes Of
rabbit skin. They idled on the streets
Of the white mans towns: or, II they
worked at the white mans work. spent
all their gain on his gauds. And now
1t vas come to this: yes, this; and
he pointed his skinny, shaking fore
finger at figure crouching In the outer
dusk.
Yet there were those among them
who spoke Of the harshness Of the Old
Law. Degenerates! Weaklings! Who
and daughters, If their bellies were
filed. Better heap of stones on
every hilltop than that their women
should learn to think slightly Of chas-
tity.
Drive her forth indeed! To what?
To be the prey and the sport Of the
hereditary foe. That were not mercy,
but crueler. doom than that Of the
Old Law. Let the woman expiate on
the hilltop at morn, as soon as the
squaws should have gathered a heap
of stones sufficient unto the work.
Broken and exhausted with his pas.
sion, the old man ceased and sat down,
and there was silence. After a time
a middle-aged man arose, cast his
vote for the death penalty, and stalked
away into the outer darkness. Then
another man stood and did likewise
then another and another, until all
were gone but the shriveled denuncia-
tor and one other. Lastly, the ancient
raised himself painfully from the
ground and addressed the silent man
across the fire. He did not seem to
think 1t necessary to ask his opinion.
"You can guard her, for you will not
Sleep" he said, and hobbled away.
The women and youths who had
been standing In q mute and awe
struck circle around the judges now
dispersed quickly to their rest. A cur,
pushed out of his warm corner by a
human occupant, yelped protestingly,
and little importunate cry an
swered from the heap over there in
the obscurity.
Out Of 1t, a woman drew herself to
sitting posture, and lifted up q
papoose case, so that the child within
could take the breast. Unwilling be-
trayer Of its mother, with it's pink skin
and gray eyes, what would befall 1t
after tomorrOw's dawn? When she
should be lying under heap Of stones,
what would they do with her baby?
Nothing? Yes, that would be 1t. They
would move camp at once, and the
papoose would be left to starve, or to
be devoured by coyotes. No heart
would be touched by its wailing. Bet
ter 1t should die with her. She would
hold 1t to her breast, and perhaps 1t
would receive the first blow. 1t would
not take much Of stone to crush so
small thing.
She saw it all as it would happen.
With the first light, the women would
be gathering rocks; the boys would
help, in their eagerness to get at the
sport. Then they would lead her forth
and tie her to something; 1t would be
that little Juniper growing by itself on
the hilltop, because 1t was the only
thing suitable for such a purpose with
in a radius of miles. (For it was a
treeless land.) Then they would
gather before her in semicircle.
She knew how every face Of them
all would look, wreathed In scorn and
hatred. The women would taunt her.
Her husband would cast the first stone.
Where would 1t hit her? Would he
aim to kill, or only to wound? No,
he would not wish her to die too soon
That first one would be a very large
stone. Then they would make a tar
get Of her. The boys would wager
among themselves as to the exact spot
where their missiles should land.
Why should they wish to hurt her?
She had never harmed any Of them.