Explanatory Notes
See Headnote
Apparatus Notes
See Headnotes
APPENDIX C
[begin page 554]
APPENDIX Cemendation

CONCERNING A FRIGHTFUL ASSASSINATION
THAT WAS NEVER CONSUMMATEDemendation


[If ever there was a harmless man, it is Conrad Wiegand, of Gold Hill, Nevadaexplanatory note. If ever there was a gentle spirit that thought itself unfired gunpowderemendation 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”explanatory note—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 inventionexplanatory note, whereby he expected to regenerate the universe. This was years ago. Here latterly he has entered journalismexplanatory note; 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,emendation 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 [begin page 555] specimen of journalistic literature the history of America can furnish, perhaps:]


From the Territorial Enterprise, Jan. 20, 1870.

A SEEMING PLOT FOR ASSASSINATION MISCARRIEDemendation explanatory note.


to the editor of the enterpriseexplanatory note ,

Months ago, when Mr. Sutro incidentally exposed mining mismanagementemendation on the Comstockexplanatory note, and among others rousedemendation me to protest against its continuanceexplanatory note, in great kindness you warned me that any attempt by publications, by public meetings and by legislative action, aimed at the correctionemendation of chronic mining evils in Storey County, must entail upon me (a) business ruin, (b) the burden of all itsemendation costs, (c) personal violence, and if my purpose were persisted in, then (d)emendation assassination; and after all nothing would beemendation effected.


your prophecy fulfilling.

In large part at leastemendation your prophecies have been fulfilled, for (a) assayingemendation, 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 emendation of the vicinity. (b)emendation 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)emendation 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 manexplanatory note 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 [begin page 556] been clearly and repeatedly pointed out. This same man, after failing through intimidation to elicit from me the names of our editorialemendation contributors, against giving which he knew me to be pledged, beat himself weary upon me with a rawhide, 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 emendation 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 flightemendation.

[He sees doom impending:]emendation


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 directemendation threats from a man who is one of the most prominent exponents of the San Francisco mining Ring staring me and this whole community boldly andemendation 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 Companyexplanatory note, a political aspirant and a military Generalexplanatory note. 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 explanatory note.

Despite ofemendation 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 [begin page 557] 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-combatantemendation” 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:]emendation


the trap set.

On Saturday morning John B. Winters sent verbal word to the Gold Hill Assay Officeemendation 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 mineexplanatory note, 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 Sharonexplanatory note 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 courtesyemendation. 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 meemendation exemption from insult. Accordingly I asked a neighbor to accompany me.


[begin page 558]

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. Zabriskieexplanatory note state publicly in a saloon, that Mr. Winters had told him he had decided either to killemendation 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 4 o’clock in my own office.emendation


my own precautions.

As Sheriff Cummingsexplanatory note 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 4 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, Johnemendation B. Winters wants to see you.”

I replied, “Indeed! Why he sent me word that he would call on me here this afternoon at 4 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,emendation 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 [begin page 559] 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.: textual note] emendation

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:]emendation


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-defense.” But I am going too fast.


our host.

Mr. Lynch was present during mostemendation of the time (say a little short of an hour,) but three times he left the room. His testimony, therefore, [begin page 560] 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 —— ——emendation infamous lying sheetemendation of yoursexplanatory note, 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, siremendation. You may just as well understand it at once as not. Here you are my man, and I’ll tell you why!emendation Months ago you put your property out of your hands, boasting that you did so to escape losing it on prosecution for libelexplanatory note.”

“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, siremendation. Havingemendation placed yourself beyond the pale of the law, may God help your soul emendation if you DON’T make precisely such a retraction as I have demanded. I’ve got you now, and by ——emendation, 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—youemendation —— —— low-lived —— lying —— ——emendation, I’ll teach you what personal responsibility is outside of the law; and, by ——emendation, Sheriff Cummings and all the friends you’ve got in the world, besides, can’t save you, you —— ——emendation, etc.! No, siremendation. I’m alone now, and I’m prepared to be shot down just here and now rather than be vilifiedemendation by you as I have been, and suffer you to escape me after [begin page 561] 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 ——,”emendation and then I paused some time. Resuming, I said, “But, Mr. Winters,emendation 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’emendation 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 a while, 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 Peopleexplanatory note, 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?”emendation

“I must decline to say.”

[begin page 562] “Then by ——emendation, 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:emendationSuch 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 ——emendation,” 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,emendation” 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 [begin page 563] 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.”explanatory note

[The reader is requested not to skip the following.—M. T.:]emendation


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.”explanatory note 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 intoemendation aggression.

Third. I resolved completely to govern my outward manner and [begin page 564] 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 evenemendation 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 doemendation, 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 thinkingemendation 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 unqualifiedlyemendation.

In compliance with his request, permit me to say that, although Mr. Winters and I see thisemendation 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.

[begin page 565] 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.emendation 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 ——emendation, sir, I don’temendation 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 mustemendation write itemendation 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 areemendation false?”

“I do not.”

“Do you know them to be true?”

“Of my own personal knowledge I do not.”

“Why then printemendation 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?”

[begin page 566] To that question I think I made no reply, and he then further said: “Come, now, we’ve talked about thisemendation 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.emendation

“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! —— —— youemendation, this is not your hour for prayer—emendationyour time to pray was when you were writing thoseemendation —— lyingemendation charges. Will you sign or not?”

“You already have myemendation answer.”

“Whatemendation! do you still refuse?”

“I do sir.”

“Take that, then,” and to my amazement and inexpressible relief he drew only a raw-hide 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.emendation

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 defense, 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 [begin page 567] 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 tillemendation 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 up stairs 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’emendation intentionsexplanatory note 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-combatantemendation 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.

[begin page 568] 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,”emendation 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 thistextual note emendation assault may have been

First. To terrify me by making me conscious of my utteremendation 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, oremendation 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 suchemendation subsequent explanation asemendation could remove the infamy.

Fourth. Philip Lynch to be compelled to testify that I was killed by John B. Winters in self-defense, 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.

[begin page 569] 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 explanatory note, 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 someemendation telegraphic mistake in the account of it.emendation explanatory note

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. Ralstonexplanatory note 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 this part ofemendation 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 streetexplanatory note, 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 itexplanatory note, 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.]textual note emendation

[begin page 570]
Editorial Emendations APPENDIX C
  APPENDIX C (C)  ●  C. (A) 
  CONSUMMATED (C)  ●  CONSUMMATED. (A) 
  gunpowder (C)  ●  gun-  |  powder (A) 
  Territorial Enterprise, (C)  ●  “Territorial Enterprise,” (A) 
  From . . . MISCARRIED (PT A)  ●  advertisement  |  MR. WINTERS’ ASSAULT ON CONRAD WIEGAND (TE70) 
  mismanagement (TE70)  ●  management (PT A) 
  roused (PT)  ●  rou ed (TE70) 
  correction (PT)  ●  cor   | rection (TE70) 
  its (PT)  ●  it   (TE70) 
  (d) (PT A)  ●  (c) (TE70) 
  be (TE70, A)  ●  he (PT) 
  least (PT)  ●  le st (TE70) 
  assaying (PT)  ●  assa ing (TE70) 
  gleanings  (A)  ●  gleanings (TE70) 
  (b) (PT)  ●  (b ) (TE70) 
  (c) (PT)  ●  (c.) (TE70) 
  editorial (PT)  ●  edi orial (TE70) 
  People’s Tribune  (C)  ●  People’s Tribune (TE70) 
  flight (PT)  ●  fl ght (TE70) 
  [He . . . impending:] (A)  ●  not in  (TE70 PT) 
  direct (TE70)  ●  not in  (PT A) 
  boldly and (TE70)  ●  not in  (PT A) 
  of (TE70)  ●  not in  (PT A) 
  non-combatant (A)  ●  non-combattant (TE70) 
  [The . . . stripe:] (A)  ●  not in  (TE70 PT) 
  Office (PT)  ●  office (TE70) 
  courtesy (PT)  ●  courtosy (TE70) 
  me (TE70)  ●  not in  (PT A) 
  kill (TE70 A)  ●  kill*  |  footnote at bottom of column [¶] *So far as “killing” is concerned this seems to have been an error which has before been corrected and is again now. (PT) 
  office. (A)  ●  office.*  |  footnote at bottom of column [¶] *I confess I had a  first a little confusion about this matter, when, after the assault, my neighbor assured me that Mr. Winters told him during that interview, that his object in seeking the meeting with me was to obtain a retraction of charges against him (Winters,) preferred in the People’s Tribune, by calling me to an1 account for them, and if I failed to make such retraction that he should then demand personal satisfaction. Thereupon my neighbor told Winters, that he deemed it in very bad taste, to say the least, to invite me to his office at all, because there he would be surrounded by friends and dependents, and as it were, would have me in his power. He further suggested that the more fitting way to call me to account would be for him to call on me at my office, and if he thought proper, in company with some one who could impartially state any occurrences2 at that place. On reflection, Mr. Winters acceded to that view, and hence the message he sent, referred to above  Why my neighbor did not inform me of Winters’ intentions, he explained to my satisfaction, but I do not deem it wise to recite it.3  (TE70)   |  PT agrees with TE70 in its substantives, except for the readings marked above by editorial superscript numbers, which refer to the following variants:
  1an (TE70)  ●  not in  (PT) 
  2occurrences (TE70)  ●  occurrence (PT) 
  3it. (TE70)  ●  the explanation. [¶] [This statement, so far as it appears to have been said to Mr. Winters, my neighbor desires me also to correct. He assures me that he did not say so. He is sure he only made those comments to me, and did not intend me to understand that he had made them to Mr. Winters. Though my memory, confirmed by that of another, differs, it is possible the excitement of the time caused us both to mishear.] (PT) 
  John (PT)  ●  Jno   (TE70) 
  in, (PT)  ●  i     (TE70) 
  [I . . . M. T.:] (C)  ●  [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.:] (A)  not in  (TE70 PT) 
  [His . . . out:] (A)  ●  not in  (TE70 PT) 
  most (TE70)  ●  the most (PT A) 
  that —— —— (A)  ●  that God damned (TE70 PT) 
  sheet (A)  ●  w——e sheet (TE70 PT) 
  sir (PT)  ●  Sir (TE70) 
  why! (PT)  ●  why? (TE70) 
  sir (PT)  ●  Sir (TE70) 
  Having (PT)  ●  Ha   ng (TE70) 
  soul  (A)  ●  soul*  |  footnote at bottom of column [¶] *Or “God help you,” or some tantamount expression. Its spirit I feel more positive about than its precise wording, which is true of all these merely remembered sayings, all of which together made me believe that if a possible pretext were afforded I was to be killed and brutally. (TE70 PT) 
  by—— (A)  ●  by the living God Almighty (TE70 PT) 
  anyhow—you (PT)  ●  anyhow – you (TE70) 
  you —— —— low-lived —— lying —— —— (A)  ●  you God d——d low-lived s——g lying s—n of a b—h (TE70 PT) 
  by —— (A)  ●  by God (TE70 PT) 
  you —— —— (A)  ●  you G—— d——d (TE70 PT) 
  sir (PT)  ●  Sir (TE70) 
  vilified (C)  ●  villified (TE70) 
  sign ——,” (PT)  ●  sign ——,  (TE70) 
  Winters, (PT)  ●  Winters  (TE70) 
  ‘charges’ (A)  ●  “charges” (TE70) 
  is?” (PT)  ●  is?   ’ (TE70) 
  by —— (A)  ●  by God (TE70 PT) 
  them: (PT)  ●  them. (TE70) 
  By —— (A)  ●  By God (TE70 PT) 
  insinuations, (A)  ●  insinuations, (PT)  insinuations   (TE70) 
  [The . . . M. T.] (A)  ●  not in  (TE70 PT) 
  into (PT)  ●   nto (TE70) 
  even (TE70)  ●  not in  (PT A) 
  do (TE70)  ●  are (PT A) 
  thinking (PT)  ●  thiking (TE70) 
  unqualifiedly (PT)  ●  unqualfiedly (TE70) 
  this (PT)  ●  th s (TE70) 
  Mr. (PT)  ●  Mr   (TE70) 
  by —— (A)  ●  by God (TE70 PT) 
  don’t (PT)  ●  do ’t (TE70) 
  must (PT)  ●  mnst (TE70) 
  it (TE70)  ●  not in  (PT A) 
  are (TE70)  ●  to be (PT A) 
  print (TE70)  ●  did you print (PT A) 
  this (TE70)  ●  the (PT A) 
  responsibility. (PT)  ●  responsibility   (TE70) 
  —— —— you (A)  ●  G—d d——n you (TE70 PT) 
  prayer— (PT)  ●  prayer – (TE70) 
  those (PT)  ●  th se (TE70) 
  —— lying (A)  ●  d——d lying (TE70 PT) 
  my (PT)  ●  m   (TE70) 
  “What (PT)  ●  ‘   What (TE70) 
  feelings. (PT)  ●  feelings, (TE70) 
  till (TE70)  ●  until (PT A) 
  Winters’ (PT)  ●  Winter’s (TE70) 
  non-combatant (A)  ●  non-combattant (TE70) 
  “charge,” (PT)  ●    charge,” (TE70) 
  this (TE70 PT)  ●  the (A) 
  utter (TE70 PT)  ●  own (A) 
  or (TE70 PT)  ●  and (A) 
  such (TE70)  ●  not in  (PT A) 
  as (TE70)  ●  such as (PT A) 
  some (TE70)  ●  some alleged (PT A) 
  it. (TE70)  ●  it. [Who received the erroneous telegrams?] (PT A) 
  this part of (TE70 PT)  ●  not in  (A) 
  [It . . . M. T.] (A)  ●  not in  (TE70 PT) 
Textual Notes APPENDIX C
 From . . .M. T.] Copy-text for the remainder of this appendix is Conrad Wiegand’s letter in the Enterprise (TE70). Although Mark Twain states that Wiegand’s letter is taken from the Enterprise, the actual source of A was a reprinting of the letter in Wiegand’s monthly newspaper, the People’s Tribune (PT). Mark Twain was apparently not aware that Wiegand had “touched up” his letter somewhat before reprinting it, adding—or possibly restoring—minor changes in punctuation and wording. It is clear that Mark Twain intended to present a text that had not received the benefit of Wiegand’s second thoughts; on the other hand, he would have had no reason to reproduce those minor errors and corruptions that may have entered the text when it was typeset by the TE70 compositor, which Wiegand would understandably have chosen to correct when he reprinted it. The aim of the policy applied to the text of the letter is to retrieve the substance of the original, without Wiegand’s later revisions, while accepting those PT accidentals and minor substantives which appear to be corrections of corruptions [begin page 946] introduced into Wiegand’s manuscript by the TE70 compositor. Mark Twain’s revisions, such as the substitution of dashes for profanity, have been adopted as emendations.
  I . . . M.T.:] All of Mark Twain’s other interpolations into the body of Wiegand’s text are signaled by the use of italic type; this one is therefore emended to italic, to make it uniform with the others. Mark Twain’s opening and closing statements have been left in roman type, since they surround Wiegand’s letter rather than interrupt it.
 this] Here, and at 568.16, 568.22, and 569.27, A has substantive variants that appear to be corruptions resulting from compositorial error. The readings shared by TE70 and PT have therefore been left unaltered.
Explanatory Notes APPENDIX C
 

Conrad Wiegand, of Gold Hill, Nevada] Conrad Wiegand (1830–80), a native of Pennsylvania trained as a chemist, worked at the Philadelphia mint before relocating to the Pacific Coast. During the early 1860s he was the supervising assayer at the San Francisco branch mint. (There, in July 1861, Wiegand engaged in a public controversy with a fellow employee, accusing him of assault—much as he accuses John B. Winters in the document reproduced in this appendix.) Wiegand, described by the Virginia City Union as “one of the best assayers in the United States,” accepted a position with the Gould and Curry works near Virginia City in November 1863 (“Ex-Assayer Wiegand,” San Francisco Evening Bulletin, 6 Nov 63, 3, reprinting the Virginia City Union). He opened his own assay office in Gold Hill, Nevada, in June 1865. In June 1880, in debt and suffering from nervous depression, he committed suicide. It was sometime after Clemens left Nevada in 1864 that Wiegand became familiar to Virginia City and Gold Hill residents through frequent articles in the local newspapers. The Virginia City Territorial Enterprise tended to view Wiegand’s crusading journalism with indulgence:

Mr. Wiegand means well. All his instincts are humane and moral. He is among the worthiest of a class of reformers, who, in the abstract, perhaps, think rightly, but who fritter away valuable lives in attempting to accomplish impossibilities. [begin page 761] But while Mr. Wiegand is one of the worthiest of the class referred to, he is also one of the most impracticable. His purposes are rambling, practically aimless, and almost numberless. To-day he assaults one public vice, to-morrow another, and the next day a third. The result is that he makes no impression upon any of them, and will die without having made the world a whit better than he found it. (“Hold, Enough!” Virginia City Territorial Enterprise, 4 Nov 69, 2)

(“The Mint Again—Wiegand’s Statement,” San Francisco Alta California, 22 July 61, 1; “Assaying at Gold Hill,” Virginia City Union, 1 June 65, 3; “A Shocking Suicide,” Virginia City Evening Chronicle, 14 June 80, 3; “The Suicide of Conrad Wiegand,” Virginia City Territorial Enterprise, 16 June 80, 3.)

 When I met Conrad, he was “Superintendent of the Gold Hill Assay Office”] Although Clemens left Nevada several months after Wiegand’s arrival, the two men apparently did not meet until April 1868, when Clemens visited Wiegand’s Gold Hill assay office during a lecture tour. On 28 April, in Virginia City, Wiegand presented him with a silver brick inscribed “Mark Twain—Matthew v, 41—Pilgrim,” an allusion to the verse “And whosoever shall compel thee to go a mile, go with him twain.” In an unpublished account, probably written shortly after his visit to Wiegand’s office, Mark Twain expressed admiration for him, marveling at his honesty and evident lack of self-interest: “In his theories he is earnest & sincere, but as he tries to secure them realization in life, he should anticipate the fate of all who attempt such toil, isolation, persecution, and defamation tempered only by the respect of a few” (SLC 1868c, 13; ET&S1 , 43).
 

he was a street preacher, too, with a mongrel religion of his own invention] In December 1867, Wiegand became rector of Virginia City’s newly formed “Humanitarian Christian Society.” He resigned in disgust two months later, after his fellow Humanitarians objected to his lecturing on “politico-religious” themes (“Humanitarian Christian Society Organized,” Gold Hill Evening News, 23 Dec 67, 3; Virginia City Territorial Enterprise: “Politico-Religious Notice,” 23 Feb 68, 3; “A Card from Conrad Wiegand,” 25 Feb 68, 2; “Resignation,” 27 Feb 68, 3). At that time the Enterprise published an editorial about Wiegand (almost certainly written by Joseph T. Goodman), coining the word “Wiegandish” to characterize his views and attempting to explain the “Humanitarian” creed of “this erratic genius.” In conclusion the editorial described Wiegand as

a slight built man, with regular and pale features that wear an indescribable expression of mildness and intellectuality, and large blue eyes that are full of fire and thought yet impress you only as singularly pure and gentle, which, together with a profusion of soft brown hair and whiskers, make up a countenance that will irresistibly recall to mind the likeness of the Savior. (“Wiegandish,” Virginia City Territorial Enterprise, 23 Feb 68, 2)

 Here latterly he has entered journalism] On 3 November 1869 Wiegand began circulating a prospectus for his projected newspaper, the People’s Tribune, whose mission, the Enterprise inferred, [begin page 762] would be to “show its teeth to the Bank of California, talk of the management of the Comstock mines, extend a helping hand to suffering men and lewd women, and play numerous other ‘fantastic tricks before high heaven’ ” (“Hold, Enough!” Virginia City Territorial Enterprise, 4 Nov 69, 2). According to Wiegand, the paper was to be “an observer and photographist of the Beautiful and the Good—a spirit-like friend” and “a watchman for rascality in the mines and in public posts—a terrier till able to be a mastiff” (People’s Tribune prospectus, quoted in “Dissolving Views,” Gold Hill Evening News, 19 Jan 70, 2). The first number of the Tribune appeared on 13 January 1870, its masthead bearing a sweeping declaration: “Devoted to the Betterment of All Things, to the Defence of Right and to the People” (1:1). Among the specific causes espoused by the Tribune were women’s rights, free schools, free homestead lands for the poor, and the abolition of income tax. The paper—initially eight pages, later reduced to four—cost fifty cents a year; a total of six numbers were issued, one each month through June 1870 (“The People’s Tribune,” Gold Hill Evening News, 13 Jan 70, 2; “Our Creed,” People’s Tribune 1 [June 70]: 32).
 From the Territorial Enterprise, Jan. 20, 1870 . . . CONRAD WIEGAND.] This account by Wiegand appeared on the front page of the Enterprise of 20 January 1870, labeled as an “advertisement” and entitled “Mr. Winters’ Assault on Conrad Wiegand.” Wiegand reprinted the account—slightly corrected and revised—in the February number of his own People’s Tribune, with the title given at 555.4, “A Seeming Plot for Assassination Miscarried.” Mark Twain’s source for the account was in fact Wiegand’s reprinting in the Tribune, and not the Enterprise, as the credit line seems to imply. He could have obtained a copy of the Tribune from Joseph Goodman, when Goodman visited him in the spring of 1871. Indeed, it is possible that Goodman brought with him other material on the Wiegand controversy, perhaps as background for a planned book of his own, or for a joint project that remains unidentified (see the Introduction, page 841).
  to the editor of the enterprise] The intended addressee of Wiegand’s newspaper letter has not been identified. The official editor-in-chief of the Enterprise, Joseph Goodman, was not in Nevada in January 1870, having left Virginia City on 1 December 1869 for a trip to Europe (“For Europe,” Virginia City Territorial Enterprise, 2 Dec 69, 2). Nevertheless, it could have been he who “warned” (555.8) Wiegand and made “prophecies” (555.16) about the consequences of publicly opposing the Bank of California (see the next note). The acting editor, in Goodman’s absence, may have been Rollin Daggett, who would take over the editorship when William Sharon bought the newspaper in 1874 (see the note at 340.8–9).
 Months ago, when Mr. Sutro incidentally exposed mining mismanagement on the Comstock] On 20 September 1869 Adolph Sutro [begin page 763] delivered a speech in Piper’s Opera House in Virginia City, to persuade miners and other workingmen to lend their financial and political support to his tunnel project (see the notes at 360n.3–9 and 360n.12). He accused the Bank of California, which had initially backed the tunnel but was now strongly opposed to it, of having created a virtual monopoly on Comstock mining and milling operations through mortgages and unethical stock manipulations. Furthermore, he charged, this “bank ring” had fostered “ruinous and wasterful” management practices that exploited laborers, created extremely uncomfortable and unsafe working conditions, and would soon exhaust the surface lodes. He asserted that the proposed tunnel would increase safety in the mines by providing a means of escape from underground fires, such as the one that had recently killed about forty miners in the Yellow Jacket shaft. At the same time it would destroy the bank’s monopoly and empower workingmen to “rule the destinies of this State” (“Speech of Adolph Sutro,” Virginia City Territorial Enterprise, 23 Sept 69, 1, 4; Stewart and Stewart, 59–80).
 among others roused me to protest against its continuance] Wiegand and others were persuaded by Sutro’s speech to join his fight against the “banking ring.” Within a few days, on 29 September, an unsigned advertisement appeared in the Enterprise for an 11 November meeting of Yellow Jacket stockholders, to discuss “an investigation into the affairs of the Company and a change in the management of the mine” (“Yellow Jacket Stockholders,” 2). Wiegand pressed the fight in other ways as well. On 30 October the Gold Hill Evening News mentioned a circular he had produced attacking the Bank of California, reportedly containing “the wildest set of ideas” (“ ‘Awake!’ ” 2). And on 5 November the Enterprise announced an upcoming public meeting at which Wiegand was to deliver an address entitled “The Morals of Nevada, and the Future of the Comstock Mines” (“People’s Tribune Meeting,” 2).
 On Thursday last . . . I was felled to the ground, and . . . kicked by a man] On 13 January 1870, while delivering the first issues of the Tribune, Wiegand was assaulted by a man named Griffith Williams, who was arrested and fined $7.50 by Judge E. C. Cook. The next day the Gold Hill Evening News remarked, “Mr. Wiegand rightly thinks that if that is the price set for half killing a man, $15 only would be the price for completing the job, according to Cook” (“A Dangerous Precedent,” 14 Jan 70, 3; “Our Publisher Assaulted,” People’s Tribune 1 [Feb 70]: 1).
 JOHN B. WINTERS, President of the Yellow Jacket Company, a political aspirant and a military General] Winters was the president and superintendent of the Yellow Jacket mine (see the next note) from April 1864 until November 1870. He served in the second Territorial Legislature and ran for Congress in 1864 under the first (defeated) [begin page 764] Nevada state constitution, and was an officer in Nevada’s militia. Clemens first became friendly with Winters and his wife in 1862, while residing in Carson City. On several occasions he wrote warmly and favorably of Winters’s character and tried to advance his political career, suggesting in mid-1863, for example, that he should run for territorial delegate to Congress, for the “people here know him, respect him, and have confidence in him, and he could be elected very easily” (SLC 1863k). After Winters’s attack on Wiegand, the People’s Tribune described him as a “powerful but cowardly bully, whose best title to the term of gentleman would seem to be that he is well-barbered, wears good clothes, drives a good team, and is permitted by genuine gentlemen in San Francisco to retain the Presidency or Superintendence of an important mine” (“Mr. Winters’ Attack on Conrad Wiegand,” People’s Tribune 1 [Feb 70]: 13; ET&S1 , 487, 488–89; “Report of the Territorial Adjutant-General for 1863,” Virginia City Union, 4 Feb 64, 1; Doten 2:1109; Angel, 506).
 Yellow Jacket Company] The Yellow Jacket silver mine, just south of Gold Hill, was located in May 1859 and consisted of 1,200 feet of the Comstock lode; the company was incorporated in February 1863 with a capital value of $1,200,000. In his correspondence for the San Francisco Evening Bulletin in December 1866, Mark Twain characterized the Yellow Jacket as the “principal mine” of the area, a formerly “shaky” operation that had been salvaged by “good management,” presumably under Winters’s direction (SLC 1866rr).
 PHILIP LYNCH, Editor and proprietor of the Gold Hill News] Lynch (1822–72) went to the West in 1850 from Pennsylvania. He was a proprietor of the Sacramento Index, and then, in 1862–63, the Placer Courier in Forest Hill, California. He founded the Gold Hill Evening News in October 1863 and continued with the successful daily as publisher and editor until his death in February 1872 (Sacramento Union: “Died,” 16 Feb 72, 5; “The Death of Philip Lynch,” 17 Feb 72, 1, reprinting the Gold Hill Evening News; Lingenfelter and Gash, 97). Beginning in 1869, Lynch’s newspaper followed the lead of the Bank of California and the major Comstock mining companies in opposing Adolph Sutro and his tunnel project. Lynch also supported John B. Winters and consistently put a good face on Yellow Jacket affairs and prospects. When the special meeting of Yellow Jacket stockholders was called, his newspaper refused to run the advertisement for it, calling it “irresponsible,” and stating that the mine had “always been well conducted, and never better than under the management of its present officers” (“The Yellow Jacket S. M. Co.,” Gold Hill Evening News, 29 Sept 69, 2).
 as a stockholder in the Yellow Jacket mine] Wiegand owned thirty shares of Yellow Jacket stock (“Mr. Wiegand’s Card,” People’s Tribune 1 [Feb 70]: 14).
  [begin page 765] Sharon] William Sharon (1821–85), an Ohio-born financier, had been the general agent in Virginia City for the Bank of California’s Nevada branch since its establishment in November 1864; he also served as the agent for the Gold Hill office, which opened the following year. As the production of the Comstock mines declined in the latter half of the decade, Sharon lured mine owners and investors to borrow money at low interest rates and then foreclosed when they defaulted. The bank soon controlled extensive mining and milling operations—among them the Yellow Jacket mine—under the aegis of the Union Mill and Mining Company, and Sharon quickly accumulated a personal fortune (Virginia City Union: advertisement and “Bank of California,” 17 Nov 64, 2, 3; Lord, 244–56, 263–65; Lavender 1975, 186–87; Hart, 468).
 Dr. Zabriskie] C. B. Zabriskie, a physician and surgeon, had an office on Main Street in Gold Hill near Wiegand’s assay office (advertisement, Gold Hill Evening News, 2 July 69, 2).
 Sheriff Cummings] W. J. Cummings, sheriff of Storey County from November 1868 until November 1870 (Angel, 607).
 those damnably false charges which you have preferred against me in that . . . lying sheet of yours] According to the Gold Hill Evening News, Winters objected to “two articles in the Tribune—the one being headed ‘Hiding Ore,’ and the other being the answers to ‘A Miner’s’ communication, called ‘What’s the Matter with Yellow Jacket?’ ” (Lynch 1870a, 3). “Hiding Ore,” an undated letter to the editor from “Silver Stuck,” charged that Yellow Jacket officials had concealed information about the discovery of a body of good ore, asking “what right John B. Winters, or Wm. Sharon, or any one else, had to order a discovery of that kind to be concealed; or, while levying assessments, to allow that body of ore to remain untouched?” The second article—a letter to the editor dated 15 December 1869 and signed “A Miner,” together with the Tribune’s response—accused the Yellow Jacket management of numerous illegal or highly questionable practices, summed up in the assertion that “Wm. Sharon, the Board of Trustees, or John B. Winters are indictable before the Grand Jury for offenses of omission and commission, of which, if convicted, that fact would go far to purify the atmosphere of the State” (People’s Tribune 1 [Jan 70]: 3). The author of the editorial response is not known; Wiegand clearly implies (at 563.9–12) that he did not write it. The allegations it contained were evidently true, for the most part. Winters himself reportedly later admitted that he had done Sharon’s “dirty work”—sabotaging mine equipment and adulterating the ore being mined—in order to “break the price of the stock” (Michelson, 189–90; Marye, 88–89, 92–93; Grant H. Smith, 91, 93; Bancroft 1891–92, 4:52–57). After the disastrous Yellow Jacket fire of April 1869, the company’s stock—which had reached over two thousand dollars a share in the spring of 1865—plummeted, never to recover: [begin page 766] the price was under forty dollars by October. Joseph Goodman was evidently among those who “lost heavily” on Yellow Jacket stock, claiming that the mine’s indisputably rich ore “all went to feed the Union Mill and Mining Company’s mills. The stockholders never got a dividend from it” (Michelson, 190; Angel, 59, 615; Kelly 1863, 18; Lord, 269–77, 426–35).
 Months ago you put your property out of your hands . . . to escape losing it on prosecution for libel] Wiegand responded to this charge in the February number of the People’s Tribune. He explained that in 1865 his Gold Hill assaying business appeared to be growing so rapidly that he borrowed money from the Bank of California to expand. When ore production dropped late in the year, the bank brought suit for repayment, and his assaying tools were confiscated and sold by the sheriff. The case of Sharon v. Wiegand was heard in December 1865, and Wiegand was forced to suspend business; the court accepted his bankruptcy in January 1866. Wiegand almost immediately reopened with a new coproprietor, and began to repay his debts, although not legally obliged to do so. In the fall of 1869, when establishing the People’s Tribune, he anticipated that he might become a target for libel suits, and “to prevent a second seizure of my tools, I sold them and delivered possession of the same in the presence of witnesses,” since “the best security against legal plunder in the State of Nevada . . . is not to be upright, but to be POOR” (“Mr. Wiegand’s Card,” People’s Tribune 1 [Feb 70]: 14; Gold Hill Evening News: “ ‘Awake!’ ” 30 Oct 69, 2; “Insolvent Notice,” 2 Jan 66, 4; “For Assay,” 19 Jan 66, 2; advertisement, 29 Jan 66, 2; Virginia City Union: “The Court Reports” and “Insolvent,” 17 Dec 65, 3).
 Address to the People] The title of Wiegand’s People’s Tribune prospectus, published on 3 November 1869 (see the note at 554.14–15).
 I, a man of family, and not as Mr. Winters is, “alone.”] Wiegand and his wife, Martha, had one daughter. Winters’s wife had recently died of cancer in San Francisco, on 20 November 1869 (Virginia City Territorial Enterprise: “The Suicide of Conrad Wiegand,” 16 June 80, 3; “Death of Conrad Wiegand,” 15 June 80, 3; “Death of Mrs. John B. Winters,” 21 Nov 69, 3).
 “Surely in vain the net is spread in the sight of any bird.”] Proverbs 1:17.
 that unguarded remark of Philip Lynch convicts him of having been privy . . . to Mr. Winters’ intentions] In response to Wiegand’s accusation against him, Lynch wrote: “I trust, also, to be able to vindicate myself of the foul charges of ‘conspiracy to murder and assassinate,’ and acting in bad faith towards Mr. Wiegand in asking him into my office to have an interview with General Winters—in making [begin page 767] which charges Mr. Wiegand has done me a gross injustice” (Lynch 1870b, 2).
 he has . . . suffered a thoroughly garbled statement of facts to appear in the Gold Hill News] Wiegand refers to “A Case of Slanderous Vilification and Its Consequences,” almost certainly written by Lynch. Lynch’s report ignored the substance of the Tribune’s charges, characterizing them as “rather sweeping insinuations against the honesty and integrity of several business men in this community.” The account also differed from Wiegand’s in some of its particulars. For example, Lynch stated that Wiegand refused to visit Winters at the Yellow Jacket office (cf. 557.19–558.11), and he claimed that Wiegand initially agreed to sign a statement acknowledging that he had written the charges against Winters “willfully and deliberately, knowing them to be false” (cf. 561.4–10; Lynch 1870a, 3).
 

what even the Gold Hill News has pronounced a disgraceful affair . . . because of some telegraphic mistake in the account of it] Lynch explained in the News:

We regret that this disgraceful affair occurred in the News office, and it happened without any collusion whatever on the part of anybody connected with the office. The senior editor, who was the only witness of the affair, besides the parties themselves, especially feels aggrieved, as the report has been telegraphed all over the State that he was “cowhided like the devil” on Saturday! When in fact it was all a mistake. Several telegrams have been received by him to-day, from different sections, inquiring after his health, the price of raw-hides, etc., etc. (Lynch 1870a, 3)

 W.C. Ralston] William C. Ralston (1826–75), son of an Ohio farmer, served as a steamboat clerk and then as the Panama City agent for a steamship company. He moved to San Francisco in 1854 and within two years became involved in banking. In 1864 he founded the Bank of California with Darius O. Mills and served as its cashier and manager until 1873, when he succeeded Mills as president. Ralston’s injudicious and unauthorized investments and speculations in a vast empire of enterprises on the Comstock lode and in San Francisco led to the bank’s collapse in August 1875. Forced to resign on 27 August, he drowned while swimming in San Francisco Bay later that same day. Subsequent investigations revealed that he owed the bank several million dollars (Lavender 1975, 372–79).
 the merited castigation . . . ought to have been done in the street] Mark Twain’s comment is strikingly similar to one printed in the Gold Hill News: “We regret, as a friend, that Winters was so delicate about the chastisement as to do it in a corner. It ought to have been done, if at all, in the street” (“An Explanation Wanted,” Gold Hill Evening News, 1 Feb 70, 2, reprinting the Hamilton [Nev.] White Pine News of 29 January). As mentioned earlier, Mark Twain might have [begin page 768] read this remark, and others equally unsympathetic to Wiegand, in Nevada newspapers supplied by Goodman (see the note at 555.3–569.29).
 When a journalist maligns a citizen . . . he deserves to be thrashed for it] The contempt for Wiegand that Mark Twain expresses throughout this appendix and especially in this final gloss is a marked change from his earlier approval, even admiration, for him (see the note at 554.10–11). Although his friendship with Winters may have influenced his attitude, it hardly seems an adequate justification for the intensity of his scorn. It has been suggested that the Wiegand episode revived uncomfortable memories of the journalistic disputes that precipitated his departure from Virginia City in May 1864, albeit his own offense was inadvertent and prankish, and in no way comparable to Wiegand’s deliberate exposé (see the notes at 378.6–8 and 379.37, and Robinson, 60–64). It has also been conjectured that Mark Twain’s inability to perceive Wiegand as a “peculiar” but nevertheless “brave and prudent man, devoted to democratic rights, to journalistic confidentiality of sources, and to a free press” was in the end merely the result of his own cynicism, which caused him to believe that “Conrad Wiegand should have known better than to attack things the way they were. The strong will prosper. The rest will be thrashed” (Bridgman, 58–60).