“Q. Or any person connected with the United Railroads Company? A. The discussion was entirely confined to the administration, the corrupt administration as we termed it.
“Q. At that time did you have any purpose or intention of prosecuting Mr. Calhoun? A. I had not.
“Q. Did you have any reason to believe that Mr. Calhoun at that time had committed any crime? A. I had no indication of such a crime.
“Mr. Moore—Was that time fixed, Mr. Heney?
“Mr. Heney—Yes, it was fixed; the first conversation, and he has fixed it as nearly as he could.
“The Court—Have you in mind the testimony on that point, Mr. Moore? There was some reference to it in an earlier part of the examination.
“Mr. Heney—Q. When you had the talk with Mr. Heney in April, 1906, did you say anything about prosecuting Mr. Calhoun, or anybody connected with the United Railroads? A. I did not.
“Q. Did you at any time tell Mr. Heney that you desired to have him prosecute Mr. Patrick Calhoun? A. I did not, at any time.
“Q. Did you tell him at any time that you desired to have him prosecute any person connected with the United Railroads Company? A. I did not.” See transcript The People vs. Patrick Calhoun, No. 1436, page 3730.