Roughing It
Page 48
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. Cumm
ings, 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.