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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 anyone 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

Conrad Wiegand.

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

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