# Roughing It

## Appendices

APPENDIX. A.

BRIEF SKETCH OF MORMON HISTORY.

Great Salt Lake City throve finely, and so did Utah. One of the last things which Brigham Young had done before leaving Iowa, was to appear in the pulpit dressed to personate the worshipped and lamented prophet Smith, and confer the prophetic succession, with all its dignities, emoluments and authorities, upon "President Brigham Young!" The people accepted the pious fraud with the maddest enthusiasm, and Brigham's power was sealed and secured for all time. Within five years afterward he openly added polygamy to the tenets of the church by authority of a "revelation" which he pretended had been received nine years before by Joseph Smith, albeit Joseph is amply on record as denouncing polygamy to the day of his death.

Now was Brigham become a second Andrew Johnson in the small beginning and steady progress of his official grandeur. He had served successively as a disciple in the ranks; home missionary; foreign missionary; editor and publisher; Apostle; President of the Board of Apostles; President of all Mormondom, civil and ecclesiastical; successor to the great Joseph by the will of heaven; "prophet," "seer," "revelator." There was but one dignity higher which he could aspire to, and he reached out modestly and took that--he proclaimed himself a God!

He claims that he is to have a heaven of his own hereafter, and that he will be its God, and his wives and children its goddesses, princes and princesses. Into it all faithful Mormons will be admitted, with their families, and will take rank and consequence according to the number of their wives and children. If a disciple dies before he has had time to accumulate enough wives and children to enable him to be respectable in the next world any friend can marry a few wives and raise a few children for him after he is dead, and they are duly credited to his account and his heavenly status advanced accordingly.

Let it be borne in mind that the majority of the Mormons have always been ignorant, simple, of an inferior order of intellect, unacquainted with the world and its ways; and let it be borne in mind that the wives of these Mormons are necessarily after the same pattern and their children likely to be fit representatives of such a conjunction; and then let it be remembered that for forty years these creatures have been driven, driven, driven, relentlessly! and mobbed, beaten, and shot down; cursed, despised, expatriated; banished to a remote desert, whither they journeyed gaunt with famine and disease, disturbing the ancient solitudes with their lamentations and marking the long way with graves of their dead--and all because they were simply trying to live and worship God in the way which they believed with all their hearts and souls to be the true one. Let all these things be borne in mind, and then it will not be hard to account for the deathless hatred which the Mormons bear our people and our government.

That hatred has "fed fat its ancient grudge" ever since Mormon Utah developed into a self-supporting realm and the church waxed rich and strong. Brigham as Territorial Governor made it plain that Mormondom was for the Mormons. The United States tried to rectify all that by appointing territorial officers from New England and other anti-Mormon localities, but Brigham prepared to make their entrance into his dominions difficult. Three thousand United States troops had to go across the plains and put these gentlemen in office. And after they were in office they were as helpless as so many stone images. They made laws which nobody minded and which could not be executed. The federal judges opened court in a land filled with crime and violence and sat as holiday spectacles for insolent crowds to gape at--for there was nothing to try, nothing to do nothing on the dockets! And if a Gentile brought a suit, the Mormon jury would do just as it pleased about bringing in a verdict, and when the judgment of the court was rendered no Mormon cared for it and no officer could execute it. Our Presidents shipped one cargo of officials after another to Utah, but the result was always the same--they sat in a blight for awhile they fairly feasted on scowls and insults day by day, they saw every attempt to do their official duties find its reward in darker and darker looks, and in secret threats and warnings of a more and more dismal nature--and at last they either succumbed and became despised tools and toys of the Mormons, or got scared and discomforted beyond all endurance and left the Territory. If a brave officer kept on courageously till his pluck was proven, some pliant Buchanan or Pierce would remove him and appoint a stick in his place. In 1857 General Harney came very near being appointed Governor of Utah. And so it came very near being Harney governor and Cradlebaugh judge! --two men who never had any idea of fear further than the sort of murky comprehension of it which they were enabled to gather from the dictionary. Simply (if for nothing else) for the variety they would have made in a rather monotonous history of Federal servility and helplessness, it is a pity they were not fated to hold office together in Utah.

Up to the date of our visit to Utah, such had been the Territorial record. The Territorial government established there had been a hopeless failure, and Brigham Young was the only real power in the land. He was an absolute monarch--a monarch who defied our President--a monarch who laughed at our armies when they camped about his capital--a monarch who received without emotion the news that the august Congress of the United States had enacted a solemn law against polygamy, and then went forth calmly and married twenty-five or thirty more wives.

The persecutions which the Mormons suffered so long--and which they consider they still suffer in not being allowed to govern themselves --they have endeavored and are still endeavoring to repay. The now almost forgotten "Mountain Meadows massacre" was their work. It was very famous in its day. The whole United States rang with its horrors. A few items will refresh the reader's memory. A great emigrant train from Missouri and Arkansas passed through Salt Lake City and a few disaffected Mormons joined it for the sake of the strong protection it afforded for their escape. In that matter lay sufficient cause for hot retaliation by the Mormon chiefs. Besides, these one hundred and forty-five or one hundred and fifty unsuspecting emigrants being in part from Arkansas, where a noted Mormon missionary had lately been killed, and in part from Missouri, a State remembered with execrations as a bitter persecutor of the saints when they were few and poor and friendless, here were substantial additional grounds for lack of love for these wayfarers. And finally, this train was rich, very rich in cattle, horses, mules and other property--and how could the Mormons consistently keep up their coveted resemblance to the Israelitish tribes and not seize the "spoil" of an enemy when the Lord had so manifestly "delivered it into their hand?"

Wherefore, according to Mrs. C. V. Waite's entertaining book, "The Mormon Prophet," it transpired that--

"A 'revelation' from Brigham Young, as Great Grand Archee or God, was dispatched to President J. C. Haight, Bishop Higbee and J. D. Lee (adopted son of Brigham), commanding them to raise all the forces they could muster and trust, follow those cursed Gentiles (so read the revelation), attack them disguised as Indians, and with the arrows of the Almighty make a clean sweep of them, and leave none to tell the tale; and if they needed any assistance they were commanded to hire the Indians as their allies, promising them a share of the booty. They were to be neither slothful nor negligent in their duty, and to be punctual in sending the teams back to him before winter set in, for this was the mandate of Almighty God."

The command of the "revelation" was faithfully obeyed. A large party of Mormons, painted and tricked out as Indians, overtook the train of emigrant wagons some three hundred miles south of Salt Lake City, and made an attack. But the emigrants threw up earthworks, made fortresses of their wagons and defended themselves gallantly and successfully for five days! Your Missouri or Arkansas gentleman is not much afraid of the sort of scurvy apologies for "Indians" which the southern part of Utah affords. He would stand up and fight five hundred of them.

At the end of the five days the Mormons tried military strategy. They retired to the upper end of the "Meadows," resumed civilized apparel, washed off their paint, and then, heavily armed, drove down in wagons to the beleaguered emigrants, bearing a flag of truce! When the emigrants saw white men coming they threw down their guns and welcomed them with cheer after cheer! And, all unconscious of the poetry of it, no doubt, they lifted a little child aloft, dressed in white, in answer to the flag of truce!

The leaders of the timely white "deliverers" were President Haight and Bishop John D. Lee, of the Mormon Church. Mr. Cradlebaugh, who served a term as a Federal Judge in Utah and afterward was sent to Congress from Nevada, tells in a speech delivered in Congress how these leaders next proceeded:

"They professed to be on good terms with the Indians, and represented them as being very mad. They also proposed to intercede and settle the matter with the Indians. After several hours parley they, having (apparently) visited the Indians, gave the ultimatum of the savages; which was, that the emigrants should march out of their camp, leaving everything behind them, even their guns. It was promised by the Mormon bishops that they would bring a force and guard the emigrants back to the settlements. The terms were agreed to, the emigrants being desirous of saving the lives of their families. The Mormons retired, and subsequently appeared with thirty or forty armed men. The emigrants were marched out, the women and children in front and the men behind, the Mormon guard being in the rear. When they had marched in this way about a mile, at a given signal the slaughter commenced. The men were almost all shot down at the first fire from the guard. Two only escaped, who fled to the desert, and were followed one hundred and fifty miles before they were overtaken and slaughtered. The women and children ran on, two or three hundred yards further, when they were overtaken and with the aid of the Indians they were slaughtered. Seventeen individuals only, of all the emigrant party, were spared, and they were little children, the eldest of them being only seven years old. Thus, on the 10th day of September, 1857, was consummated one of the most cruel, cowardly and bloody murders known in our history."

The number of persons butchered by the Mormons on this occasion was one hundred and twenty.

With unheard-of temerity Judge Cradlebaugh opened his court and proceeded to make Mormondom answer for the massacre. And what a spectacle it must have been to see this grim veteran, solitary and alone in his pride and his pluck, glowering down on his Mormon jury and Mormon auditory, deriding them by turns, and by turns "breathing threatenings and slaughter!"

An editorial in the Territorial Enterprise of that day says of him and of the occasion:

"He spoke and acted with the fearlessness and resolution of a Jackson; but the jury failed to indict, or even report on the charges, while threats of violence were heard in every quarter, and an attack on the U.S. troops intimated, if he persisted in his course.

"Finding that nothing could be done with the juries, they were discharged with a scathing rebuke from the judge. And then, sitting as a committing magistrate, he commenced his task alone. He examined witnesses, made arrests in every quarter, and created a consternation in the camps of the saints greater than any they had ever witnessed before, since Mormondom was born. At last accounts terrified elders and bishops were decamping to save their necks; and developments of the most starling character were being made, implicating the highest Church dignitaries in the many murders and robberies committed upon the Gentiles during the past eight years."

Had Harney been Governor, Cradlebaugh would have been supported in his work, and the absolute proofs adduced by him of Mormon guilt in this massacre and in a number of previous murders, would have conferred gratuitous coffins upon certain citizens, together with occasion to use them. But Cumming was the Federal Governor, and he, under a curious pretense of impartiality, sought to screen the Mormons from the demands of justice. On one occasion he even went so far as to publish his protest against the use of the U.S. troops in aid of Cradlebaugh's proceedings.

Mrs. C. V. Waite closes her interesting detail of the great massacre with the following remark and accompanying summary of the testimony--and the summary is concise, accurate and reliable:

"For the benefit of those who may still be disposed to doubt the guilt of Young and his Mormons in this transaction, the testimony is here collated and circumstances given which go not merely to implicate but to fasten conviction upon them by 'confirmations strong as proofs of Holy Writ:'

"1. The evidence of Mormons themselves, engaged in the affair, as shown by the statements of Judge Cradlebaugh and Deputy U.S. Marshall Rodgers.

"2. The failure of Brigham Young to embody any account of it in his Report as Superintendent of Indian Affairs. Also his failure to make any allusion to it whatever from the pulpit, until several years after the occurrence

"3. The flight to the mountains of men high in authority in the Mormon Church and State, when this affair was brought to the ordeal of a judicial investigation.

"4. The failure of the Deseret News, the Church organ, and the only paper then published in the Territory, to notice the massacre until several months afterward, and then only to deny that Mormons were engaged in it.

"5. The testimony of the children saved from the massacre.

"6. The children and the property of the emigrants found in possession of the Mormons, and that possession traced back to the very day after the massacre.

"7. The statements of Indians in the neighborhood of the scene of the massacre: these statements are shown, not only by Cradlebaugh and Rodgers, but by a number of military officers, and by J. Forney, who was, in 1859, Superintendent of Indian Affairs for the Territory. To all these were such statements freely and frequently made by the Indians.

"8. The testimony of R. P. Campbell, Capt. 2d Dragoons, who was sent in the Spring of 1859 to Santa Clara, to protect travelers on the road to California and to inquire into Indian depredations."

C. CONCERNING A FRIGHTFUL ASSASSINATION THAT WAS NEVER CONSUMMATED

If ever there was a harmless man, it is Conrad Wiegand, of Gold Hill, Nevada. If ever there was a gentle spirit that thought itself unfired gunpowder and latent ruin, it is Conrad Wiegand. If ever there was an oyster that fancied itself a whale; or a jack-o'lantern, confined to a swamp, that fancied itself a planet with a billion-mile orbit; or a summer zephyr that deemed itself a hurricane, it is Conrad Wiegand. Therefore, what wonder is it that when he says a thing, he thinks the world listens; that when he does a thing the world stands still to look; and that when he suffers, there is a convulsion of nature? When I met Conrad, he was "Superintendent of the Gold Hill Assay Office"--and he was not only its Superintendent, but its entire force. And he was a street preacher, too, with a mongrel religion of his own invention, whereby he expected to regenerate the universe. This was years ago. Here latterly he has entered journalism; and his journalism is what it might be expected to be: colossal to ear, but pigmy to the eye. It is extravagant grandiloquence confined to a newspaper about the size of a double letter sheet. He doubtless edits, sets the type, and prints his paper, all alone; but he delights to speak of the concern as if it occupies a block and employs a thousand men.

[Something less than two years ago, Conrad assailed several people mercilessly in his little "People's Tribune," and got himself into trouble. Straightway he airs the affair in the "Territorial Enterprise," in a communication over his own signature, and I propose to reproduce it here, in all its native simplicity and more than human candor. Long as it is, it is well worth reading, for it is the richest specimen of journalistic literature the history of America can furnish, perhaps:]

From the Territorial Enterprise, Jan. 20, 1870.

SEEMING PLOT FOR ASSASSINATION MISCARRIED.

TO THE EDITOR OF THE ENTERPRISE: Months ago, when Mr. Sutro incidentally exposed mining management on the Comstock, and among others roused me to protest against its continuance, in great kindness you warned me that any attempt by publications, by public meetings and by legislative action,

aimed at the correction of chronic mining evils in Storey County, must entail upon me (a) business ruin, (b) the burden of all its costs, (c) personal violence, and if my purpose were persisted in, then (d) assassination, and after all nothing would be effected.

YOUR PROPHECY FULFILLING. In large part at least your prophecies have been fulfilled, for (a) assaying, which was well attended to in the Gold Hill Assay Office (of which I am superintendent), in consequence of my publications, has been taken elsewhere, so the President of one of the companies assures me. With no reason assigned, other work has been taken away. With but one or two important exceptions, our assay business now consists simply of the gleanings of the vicinity. (b) Though my own personal donations to the People's Tribune Association have already exceeded $1,500, outside of our own numbers we have received (in money) less than$300 as contributions and subscriptions for the journal. (c) On Thursday last, on the main street in Gold Hill, near noon, with neither warning nor cause assigned, by a powerful blow I was felled to the ground, and while down I was kicked by a man who it would seem had been led to believe that I had spoken derogatorily of him. By whom he was so induced to believe I am as yet unable to say. On Saturday last I was again assailed and beaten by a man who first informed me why he did so, and who persisted in making his assault even after the erroneous impression under which he also was at first laboring had been clearly and repeatedly pointed out. This same man, after failing through intimidation to elicit from me the names of our editorial contributors, against giving which he knew me to be pledged, beat himself weary upon me with a raw hide, I not resisting, and then pantingly threatened me with permanent disfiguring mayhem, if ever again I should introduce his name into print, and who but a few minutes before his attack upon me assured me that the only reason I was "permitted" to reach home alive on Wednesday evening last (at which time the PEOPLE'S TRIBUNE was issued) was, that he deems me only half-witted, and be it remembered the very next morning I was knocked down and kicked by a man who seemed to be prepared for flight.

[He sees doom impending:]

WHEN WILL THE CIRCLE JOIN? How long before the whole of your prophecy will be fulfilled I cannot say, but under the shadow of so much fulfillment in so short a time, and with such threats from a man who is one of the most prominent exponents of the San Francisco mining-ring staring me and this whole community defiantly in the face and pointing to a completion of your augury, do you blame me for feeling that this communication is the last I shall ever write for the Press, especially when a sense alike of personal self-respect, of duty to this money-oppressed and fear-ridden community, and of American fealty to the spirit of true Liberty all command me, and each more loudly than love of life itself, to declare the name of that prominent man to be JOHN B. WINTERS, President of the Yellow Jacket Company, a political aspirant and a military General? The name of his partially duped accomplice and abettor in this last marvelous assault, is no other than PHILIP LYNCH, Editor and Proprietor of the Gold Hill News.

Despite the insult and wrong heaped upon me by John B. Winters, on Saturday afternoon, only a glimpse of which I shall be able to afford your readers, so much do I deplore clinching (by publicity) a serious mistake of any one, man or woman, committed under natural and not self-wrought passion, in view of his great apparent excitement at the time and in view of the almost perfect privacy of the assault, I am far from sure that I should not have given him space for repentance before exposing him, were it not that he himself has so far exposed the matter as to make it the common talk of the town that he has horsewhipped me. That fact having been made public, all the facts in connection need to be also, or silence on my part would seem more than singular, and with many would be proof either that I was conscious of some unworthy aim in publishing the article, or else that my "non-combatant" principles are but a convenient cloak alike of physical and moral cowardice. I therefore shall try to present a graphic but truthful picture of this whole affair, but shall forbear all comments, presuming that the editors of our own journal, if others do not, will speak freely and fittingly upon this subject in our next number, whether I shall then be dead or living, for my death will not stop, though it may suspend, the publication of the PEOPLE'S TRIBUNE. [The "non-combatant" sticks to principle, but takes along a friend or two of a conveniently different stripe:]

THE TRAP SET. On Saturday morning John B. Winters sent verbal word to the Gold Hill Assay Office that he desired to see me at the Yellow Jacket office. Though such a request struck me as decidedly cool in view of his own recent discourtesies to me there alike as a publisher and as a stockholder in the Yellow Jacket mine, and though it seemed to me more like a summons than the courteous request by one gentleman to another for a favor, hoping that some conference with Sharon looking to the betterment of mining matters in Nevada might arise from it, I felt strongly inclined to overlook what possibly was simply an oversight in courtesy. But as then it had only been two days since I had been bruised and beaten under a hasty and false apprehension of facts, my caution was somewhat aroused. Moreover I remembered sensitively his contemptuousness of manner to me at my last interview in his office. I therefore felt it needful, if I went at all, to go accompanied by a friend whom he would not dare to treat with incivility, and whose presence with me might secure exemption from insult. Accordingly I asked a neighbor to accompany me.

THE TRAP ALMOST DETECTED. Although I was not then aware of this fact, it would seem that previous to my request this same neighbor had heard Dr. Zabriskie state publicly in a saloon, that Mr. Winters had told him he had decided either to kill or to horsewhip me, but had not finally decided on which. My neighbor, therefore, felt unwilling to go down with me until he had first called on Mr. Winters alone. He therefore paid him a visit. From that interview he assured me that he gathered the impression that he did not believe I would have any difficulty with Mr. Winters, and that he (Winters) would call on me at four o'clock in my own office.

MY OWN PRECAUTIONS. As Sheriff Cummings was in Gold Hill that afternoon, and as I desired to converse with him about the previous assault, I invited him to my office, and he came. Although a half hour had passed beyond four o'clock, Mr. Winters had not called, and we both of us began preparing to go home. Just then, Philip Lynch, Publisher of the Gold Hill News, came in and said, blandly and cheerily, as if bringing good news:

"Hello, John B. Winters wants to see you."

I replied, "Indeed! Why he sent me word that he would call on me here this afternoon at four o'clock!"

"O, well, it don't do to be too ceremonious just now, he's in my office, and that will do as well--come on in, Winters wants to consult with you alone. He's got something to say to you."

Though slightly uneasy at this change of programme, yet believing that in an editor's house I ought to be safe, and anyhow that I would be within hail of the street, I hurriedly, and but partially whispered my dim apprehensions to Mr. Cummings, and asked him if he would not keep near enough to hear my voice in case I should call. He consented to do so while waiting for some other parties, and to come in if he heard my voice or thought I had need of protection.

On reaching the editorial part of the News office, which viewed from the street is dark, I did not see Mr. Winters, and again my misgivings arose. Had I paused long enough to consider the case, I should have invited Sheriff Cummings in, but as Lynch went down stairs, he said: "This way, Wiegand--it's best to be private," or some such remark.

[I do not desire to strain the reader's fancy, hurtfully, and yet it would be a favor to me if he would try to fancy this lamb in battle, or the duelling ground or at the head of a vigilance committee--M. T.:]

I followed, and without Mr. Cummings, and without arms, which I never do or will carry, unless as a soldier in war, or unless I should yet come to feel I must fight a duel, or to join and aid in the ranks of a necessary Vigilance Committee. But by following I made a fatal mistake. Following was entering a trap, and whatever animal suffers itself to be caught should expect the common fate of a caged rat, as I fear events to come will prove.

Traps commonly are not set for benevolence. [His body-guard is shut out:]

THE TRAP INSIDE. I followed Lynch down stairs. At their foot a door to the left opened into a small room. From that room another door opened into yet another room, and once entered I found myself inveigled into what many will ever henceforth regard as a private subterranean Gold Hill den, admirably adapted in proper hands to the purposes of murder, raw or disguised, for from it, with both or even one door closed, when too late, I saw that I could not be heard by Sheriff Cummings, and from it, BY VIOLENCE AND BY FORCE, I was prevented from making a peaceable exit, when I thought I saw the studious object of this "consultation" was no other than to compass my killing, in the presence of Philip Lynch as a witness, as soon as by insult a proverbially excitable man should be exasperated to the point of assailing Mr. Winters, so that Mr. Lynch, by his conscience and by his well known tenderness of heart toward the rich and potent would be compelled to testify that he saw Gen. John B. Winters kill Conrad Wiegand in "self-defence." But I am going too fast.

OUR HOST. Mr. Lynch was present during the most of the time (say a little short of an hour), but three times he left the room. His testimony, therefore, would be available only as to the bulk of what transpired. On entering this carpeted den I was invited to a seat near one corner of the room. Mr. Lynch took a seat near the window. J. B. Winters sat (at first) near the door, and began his remarks essentially as follows:

"I have come here to exact of you a retraction, in black and white, of those damnably false charges which you have preferred against me in that---infamous lying sheet of yours, and you must declare yourself their author, that you published them knowing them to be false, and that your motives were malicious."

"Hold, Mr. Winters. Your language is insulting and your demand an enormity. I trust I was not invited here either to be insulted or coerced. I supposed myself here by invitation of Mr. Lynch, at your request."

"Nor did I come here to insult you. I have already told you that I am here for a very different purpose."

"Yet your language has been offensive, and even now shows strong excitement. If insult is repeated I shall either leave the room or call in Sheriff Cummings, whom I just left standing and waiting for me outside the door."

"No, you won't, sir. You may just as well understand it at once as not. Here you are my man, and I'll tell you why! Months ago you put your property out of your hands, boasting that you did so to escape losing it on prosecution for libel."

"It is true that I did convert all my immovable property into personal property, such as I could trust safely to others, and chiefly to escape ruin through possible libel suits."

"Very good, sir. Having placed yourself beyond the pale of the law, may God help your soul if you DON'T make precisely such a retraction as I have demanded. I've got you now, and by--before you can get out of this room you've got to both write and sign precisely the retraction I have demanded, and before you go, anyhow--you---low-lived--lying---, I'll teach you what personal responsibility is outside of the law; and, by--, Sheriff Cummings and all the friends you've got in the world besides, can't save you, you---, etc.! No, sir. I'm alone now, and I'm prepared to be shot down just here and now rather than be villified by you as I have been, and suffer you to escape me after publishing those charges, not only here where I am known and universally respected, but where I am not personally known and may be injured."

I confess this speech, with its terrible and but too plainly implied threat of killing me if I did not sign the paper he demanded, terrified me, especially as I saw he was working himself up to the highest possible pitch of passion, and instinct told me that any reply other than one of seeming concession to his demands would only be fuel to a raging fire, so I replied:

"Well, if I've got to sign--," and then I paused some time. Resuming, I said, "But, Mr. Winters, you are greatly excited. Besides, I see you are laboring under a total misapprehension. It is your duty not to inflame but to calm yourself. I am prepared to show you, if you will only point out the article that you allude to, that you regard as 'charges' what no calm and logical mind has any right to regard as such. Show me the charges, and I will try, at all events; and if it becomes plain that no charges have been preferred, then plainly there can be nothing to retract, and no one could rightly urge you to demand a retraction. You should beware of making so serious a mistake, for however honest a man may be, every one is liable to misapprehend. Besides you assume that I am the author of some certain article which you have not pointed out. It is hasty to do so."

He then pointed to some numbered paragraphs in a TRIBUNE article, headed "What's the Matter with Yellow Jacket?" saying "That's what I refer to."

To gain time for general reflection and resolution, I took up the paper and looked it over for awhile, he remaining silent, and as I hoped, cooling. I then resumed saying, "As I supposed. I do not admit having written that article, nor have you any right to assume so important a point, and then base important action upon your assumption. You might deeply regret it afterwards. In my published Address to the People, I notified the world that no information as to the authorship of any article would be given without the consent of the writer. I therefore cannot honorably tell you who wrote that article, nor can you exact it."

"If you are not the author, then I do demand to know who is?"

"I must decline to say."

"Then, by--, I brand you as its author, and shall treat you accordingly."

"Passing that point, the most important misapprehension which I notice is, that you regard them as 'charges' at all, when their context, both at their beginning and end, show they are not. These words introduce them: 'Such an investigation [just before indicated], we think MIGHT result in showing some of the following points.' Then follow eleven specifications, and the succeeding paragraph shows that the suggested investigation 'might EXONERATE those who are generally believed guilty.' You see, therefore, the context proves they are not preferred as charges, and this you seem to have overlooked."

While making those comments, Mr. Winters frequently interrupted me in such a way as to convince me that he was resolved not to consider candidly the thoughts contained in my words. He insisted upon it that they were charges, and "By--," he would make me take them back as charges, and he referred the question to Philip Lynch, to whom I then appealed as a literary man, as a logician, and as an editor, calling his attention especially to the introductory paragraph just before quoted. He replied, "if they are not charges, they certainly are insinuations," whereupon Mr. Winters renewed his demands for retraction precisely such as he had before named, except that he would allow me to state who did write the article if I did not myself, and this time shaking his fist in my face with more cursings and epithets.

When he threatened me with his clenched fist, instinctively I tried to rise from my chair, but Winters then forcibly thrust me down, as he did every other time (at least seven or eight), when under similar imminent danger of bruising by his fist (or for aught I could know worse than that after the first stunning blow), which he could easily and safely to himself have dealt me so long as he kept me down and stood over me.

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.

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?"

"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.