I told him that I had seen the President several times but was not known to him.
"Well," he said, "I may be able to help you indirectly. I don't care for Cleveland, and I wouldn't ask him for a favor if I were sinking. But tell me what plan you have in your mind, and I'll see if I can't aid you—through friends."
I replied that I hoped to have some man appointed as Chief Justice in Utah who should adopt a less rigorous way of adjudicating upon the cases of polygamists; but that before he was selected—or at least before he knew of his appointment—I wished to talk with him and convert him to the idea that he could begin the solution of "the Mormon question" by having the leaders of the community come into his court and accept sentences that should not be inconsistent with the sovereignty of the law but not unmerciful to the subjects of that sovereignty.
"The man you want," Mr. Hewitt said, "is here in New York—Elliot F. Sandford. He's a referee of the Supreme Court of this state—a fine man, great legal ability, courageous, of undoubted integrity. Come to me, tomorrow. I'll introduce you to him."
It was the first time that I had even heard the name of Elliot F. Sandford; and I had not the faintest notion of how best to approach him.
I did not find him in Mr. Hewitt's office, on the morrow; but the Mayor had communicated with him, and now gave me a letter of introduction to him; and I went alone to present it.
He received me in his outer office, with a manner full of kindliness but non-committal. He glanced through my letter of introduction, and I tried to read him while he did it. He was not on the surface. He was a tall, dignified man, his hair turning gray—thoughtful, judicial—evidently a man who was not quick to decide. He led me into his private room, and sat down with the air of a lawyer who has been asked to take a case and who wishes first to hear all the details of the action.
I began by describing the Mormon situation as I saw it in those days: that the Mormons were growing more desperately determined in their opposition, because they believed their prosecutors were persecuting them; that the District Attorney and his assistants were harsh to the point of heartlessness, and that Judge Zane (to us, then) acted like a religious fanatic in his judicial office; that nearly every Federal official in Utah had taken a tone of bigoted opposition to the people; and that the law was detested and the government despised because of the actions of Federal "carpet-baggers."
I was prejudiced, no doubt, and partisan in my account of the state of affairs, but I did not exaggerate the facts as I saw them; I believed what I said.
I did not really reach his sympathy until I spoke of the court system in Utah—the open venire, the employment of "professional jurors"—the legal doctrine of "segregation," under which a man might be separately indicted for every day of his living in plural marriage—and the result of all this: that the pursuit of defendants and the confiscation of property had become less an enforcement of law than a profitable legal industry.