Appendix (3)

    This fact it was, which more than anything else, convinced me that by plan and plot I was purposely made powerless in Mr. Winters’ hands, and that he did not mean to allow me that advantage of being afoot, which he possessed. Moreover, I then became convinced, that Philip Lynch (and for what reason I wondered) would do absolutely nothing to protect me in his own house. I realized then the situation thoroughly. I had found it equally vain to protest or argue, and I would make no unmanly appeal for pity, still less apologize. Yet my life had been by the plainest possible implication threatened. I was a weak man. I was unarmed. I was helplessly down, and Winters was afoot and probably armed. Lynch was the only “witness.” The statements demanded, if given and not explained, would utterly sink me in my own self-respect, in my family’s eyes, and in the eyes of the community. On the other hand, should I give the author’s name how could I ever expect that confidence of the People which I should no longer deserve, and how much dearer to me and to my family was my life than the life of the real author to his friends. Yet life seemed dear and each minute that remained seemed precious if not solemn. I sincerely trust that neither you nor any of your readers, and especially none with families, may ever be placed in such seeming direct proximity to death while obliged to decide the one question I was compelled to, viz.: What should I do—I, a man of family, and not as Mr. Winters is, “alone.” [The reader is requested not to skip the following.—M. T.:]
    STRATEGY AND MESMERISM. To gain time for further reflection, and hoping that by a seeming acquiescence I might regain my personal liberty, at least till I could give an alarm, or take advantage of some momentary inadvertence of Winters, and then without a cowardly flight escape, I resolved to write a certain kind of retraction, but previously had inwardly decided:
    First.—That I would studiously avoid every action which might be construed into the drawing of a weapon, even by a self-infuriated man, no matter what amount of insult might be heaped upon me, for it seemed to me that this great excess of compound profanity, foulness and epithet must be more than a mere indulgence, and therefore must have some object. “Surely in vain the net is spread in the sight of any bird.” Therefore, as before without thought, I thereafter by intent kept my hands away from my pockets, and generally in sight and spread upon my knees.
    Second.—I resolved to make no motion with my arms or hands which could possibly be construed into aggression.
    Third.—I resolved completely to govern my outward manner and suppress indignation. To do this, I must govern my spirit. To do that, by force of imagination I was obliged like actors on the boards to resolve myself into an unnatural mental state and see all things through the eyes of an assumed character.
    Fourth.—I resolved to try on Winters, silently, and unconsciously to himself a mesmeric power which I possess over certain kinds of people, and which at times I have found to work even in the dark over the lower animals.
    Does any one smile at these last counts? God save you from ever being obliged to beat in a game of chess, whose stake is your life, you having but four poor pawns and pieces and your adversary with his full force unshorn. But if you are, provided you have any strength with breadth of will, do not despair. Though mesmeric power may not save you, it may help you; try it at all events. In this instance I was conscious of power coming into me, and by a law of nature, I know Winters was correspondingly weakened. If I could have gained more time I am sure he would not even have struck me.
    It takes time both to form such resolutions and to recite them. That time, however, I gained while thinking of my retraction, which I first wrote in pencil, altering it from time to time till I got it to suit me, my aim being to make it look like a concession to demands, while in fact it should tersely speak the truth into Mr. Winters’ mind. When it was finished, I copied it in ink, and if correctly copied from my first draft it should read as follows. In copying I do not think I made any material change.
    COPY. To Philip Lynch, Editor of the Gold Hill News: I learn that Gen. John B. Winters believes the following (pasted on) clipping from the PEOPLE’S TRIBUNE of January to contain distinct charges of mine against him personally, and that as such he desires me to retract them unqualifiedly.
    In compliance with his request, permit me to say that, although Mr. Winters and I see this matter differently, in view of his strong feelings in the premises, I hereby declare that I do not know those “charges” (if such they are) to be true, and I hope that a critical examination would altogether disprove them. CONRAD WIEGAND. Gold Hill, January 15, 1870.
    I then read what I had written and handed it to Mr. Lynch, whereupon Mr. Winters said:
    “That’s not satisfactory, and it won’t do;” and then addressing himself to Mr. Lynch, he further said: “How does it strike you?”
    “Well, I confess I don’t see that it retracts anything.”
    “Nor do I,” said Winters; “in fact, I regard it as adding insult to injury. Mr. Wiegand you’ve got to do better than that. You are not the man who can pull wool over my eyes.”
    “That, sir, is the only retraction I can write.”
    “No it isn’t, sir, and if you so much as say so again you do it at your peril, for I’ll thrash you to within an inch of your life, and, by—, sir, I don’t pledge myself to spare you even that inch either. I want you to understand I have asked you for a very different paper, and that paper you’ve got to sign.”
    “Mr. Winters, I assure you that I do not wish to irritate you, but, at the same time, it is utterly impossible for me to write any other paper than that which I have written. If you are resolved to compel me to sign something, Philip Lynch’s hand must write at your dictation, and if, when written, I can sign it I will do so, but such a document as you say you must have from me, I never can sign. I mean what I say.”
    “Well, sir, what’s to be done must be done quickly, for I’ve been here long enough already. I’ll put the thing in another shape (and then pointing to the paper); don’t you know those charges to be false?”
    “I do not.”
    “Do you know them to be true?”
    “Of my own personal knowledge I do not.”
    “Why then did you print them?”
    “Because rightly considered in their connection they are not charges, but pertinent and useful suggestions in answer to the queries of a correspondent who stated facts which are inexplicable.”
    “Don’t you know that I know they are false?”
    “If you do, the proper course is simply to deny them and court an investigation.”
    “And do YOU claim the right to make ME come out and deny anything you may choose to write and print?”
    To that question I think I made no reply, and he then further said:
    “Come, now, we’ve talked about the matter long enough. I want your final answer—did you write that article or not?”
    “I cannot in honor tell you who wrote it.”
    “Did you not see it before it was printed?”
    “Most certainly, sir.”
    “And did you deem it a fit thing to publish?”
    “Most assuredly, sir, or I would never have consented to its appearance. Of its authorship I can say nothing whatever, but for its publication I assume full, sole and personal responsibility.”
    “And do you then retract it or not?”
    “Mr. Winters, if my refusal to sign such a paper as you have demanded must entail upon me all that your language in this room fairly implies, then I ask a few minutes for prayer.”
    “Prayer!—you, this is not your hour for prayer—your time to pray was when you were writing those—lying charges. Will you sign or not?”
    “You already have my answer.”
    “What! do you still refuse?”
    “I do, sir.”
    “Take that, then,” and to my amazement and inexpressible relief he drew only a rawhide instead of what I expected—a bludgeon or pistol. With it, as he spoke, he struck at my left ear downwards, as if to tear it off, and afterwards on the side of the head. As he moved away to get a better chance for a more effective shot, for the first time I gained a chance under peril to rise, and I did so pitying him from the very bottom of my soul, to think that one so naturally capable of true dignity, power and nobility could, by the temptations of this State, and by unfortunate associations and aspirations, be so deeply debased as to find in such brutality anything which he could call satisfaction—but the great hope for us all is in progress and growth, and John B. Winters, I trust, will yet be able to comprehend my feelings.
    He continued to beat me with all his great force, until absolutely weary, exhausted and panting for breath. I still adhered to my purpose of non-aggressive defence, and made no other use of my arms than to defend my head and face from further disfigurement. The mere pain arising from the blows he inflicted upon my person was of course transient, and my clothing to some extent deadened its severity, as it now hides all remaining traces.
    When I supposed he was through, taking the butt end of his weapon and shaking it in my face, he warned me, if I correctly understood him, of more yet to come, and furthermore said, if ever I again dared introduce his name to print, in either my own or any other public journal, he would cut off my left ear (and I do not think he was jesting) and send me home to my family a visibly mutilated man, to be a standing warning to all low-lived puppies who seek to blackmail gentlemen and to injure their good names. And when he did so operate, he informed me that his implement would not be a whip but a knife.
    When he had said this, unaccompanied by Mr. Lynch, as I remember it, he left the room, for I sat down by Mr. Lynch, exclaiming: “The man is mad—he is utterly mad—this step is his ruin—it is a mistake—it would be ungenerous in me, despite of all the ill usage I have here received, to expose him, at least until he has had an opportunity to reflect upon the matter. I shall be in no haste.”
    “Winters is very mad just now,” replied Mr. Lynch, “but when he is himself he is one of the finest men I ever met. In fact, he told me the reason he did not meet you upstairs was to spare you the humiliation of a beating in the sight of others.”
    I submit that that unguarded remark of Philip Lynch convicts him of having been privy in advance to Mr. Winters’ intentions whatever they may have been, or at least to his meaning to make an assault upon me, but I leave to others to determine how much censure an editor deserves for inveigling a weak, non-combatant man, also a publisher, to a pen of his own to be horsewhipped, if no worse, for the simple printing of what is verbally in the mouth of nine out of ten men, and women too, upon the street.
    While writing this account two theories have occurred to me as possibly true respecting this most remarkable assault: First—The aim may have been simply to extort from me such admissions as in the hands of money and influence would have sent me to the Penitentiary for libel. This, however, seems unlikely, because any statements elicited by fear or force could not be evidence in law or could be so explained as to have no force. The statements wanted so badly must have been desired for some other purpose. Second—The other theory has so dark and wilfully murderous a look that I shrink from writing it, yet as in all probability my death at the earliest practicable moment has already been decreed, I feel I should do all I can before my hour arrives, at least to show others how to break up that aristocratic rule and combination which has robbed all Nevada of true freedom, if not of manhood itself. Although I do not prefer this hypothesis as a “charge,” I feel that as an American citizen I still have a right both to think and to speak my thoughts even in the land of Sharon and Winters, and as much so respecting the theory of a brutal assault (especially when I have been its subject) as respecting any other apparent enormity. I give the matter simply as a suggestion which may explain to the proper authorities and to the people whom they should represent, a well ascertained but notwithstanding a darkly mysterious fact. The scheme of the assault may have been:
    First—To terrify me by making me conscious of my own helplessness after making actual though not legal threats against my life.
    Second—To imply that I could save my life only by writing or signing certain specific statements which if not subsequently explained would eternally have branded me as infamous and would have consigned my family to shame and want, and to the dreadful compassion and patronage of the rich.
    Third—To blow my brains out the moment I had signed, thereby preventing me from making any subsequent explanation such as could remove the infamy.
    Fourth—Philip Lynch to be compelled to testify that I was killed by John B. Winters in self-defence, for the conviction of Winters would bring him in as an accomplice. If that was the programme in John B. Winters’ mind nothing saved my life but my persistent refusal to sign, when that refusal seemed clearly to me to be the choice of death.
    The remarkable assertion made to me by Mr. Winters, that pity only spared my life on Wednesday evening last, almost compels me to believe that at first he could not have intended me to leave that room alive; and why I was allowed to, unless through mesmeric or some other invisible influence, I cannot divine. The more I reflect upon this matter, the more probable as true does this horrible interpretation become.
    The narration of these things I might have spared both to Mr. Winters and to the public had he himself observed silence, but as he has both verbally spoken and suffered a thoroughly garbled statement of facts to appear in the Gold Hill News I feel it due to myself no less than to this community, and to the entire independent press of America and Great Britain, to give a true account of what even the Gold Hill News has pronounced a disgraceful affair, and which it deeply regrets because of some alleged telegraphic mistake in the account of it. [Who received the erroneous telegrams?]
    Though he may not deem it prudent to take my life just now, the publication of this article I feel sure must compel Gen. Winters (with his peculiar views about his right to exemption from criticism by me) to resolve on my violent death, though it may take years to compass it. Notwithstanding I bear him no ill will; and if W. C. Ralston and William Sharon, and other members of the San Francisco mining and milling Ring feel that he above all other men in this State and California is the most fitting man to supervise and control Yellow Jacket matters, until I am able to vote more than half their stock I presume he will be retained to grace his present post.
    Meantime, I cordially invite all who know of any sort of important villainy which only can be cured by exposure (and who would expose it if they felt sure they would not be betrayed under bullying threats), to communicate with the PEOPLE’S TRIBUNE; for until I am murdered, so long as I can raise the means to publish, I propose to continue my efforts at least to revive the liberties of the State, to curb oppression, and to benefit man’s world and God’s earth.
    CONRAD WIEGAND.
    [It does seem a pity that the Sheriff was shut out, since the good sense of a general of militia and of a prominent editor failed to teach them that the merited castigation of this weak, half-witted child was a thing that ought to have been done in the street, where the poor thing could have a chance to run. When a journalist maligns a citizen, or attacks his good name on hearsay evidence, he deserves to be thrashed for it, even if he is a “non-combatant” weakling; but a generous adversary would at least allow such a lamb the use of his legs at such a time.—M. T.]