It developed that Heney was not armed, and the incident went no further. But it indicated the sharpness of the division between the two factions.
The Chronicle of October 27, 1906, contains the following account of Heney’s reply to Ruef: “‘I now announce to the court,’ said Heney fervently, ‘that I intend as Assistant District Attorney, to present charges of felony and misdemeanor against Abraham Ruef, and I desire to examine the members of this panel to determine if any member entertains bias or prejudice for or against Abraham Ruef in the matter of the charges which are to be presented by the District Attorney’s office. I understand that there is no question as to Abraham Ruef’s right to have the indictment set aside if any member of the Grand Jury is biased or prejudiced against him. It would be a farce,’ Heney went on, his voice swelling, ‘it would be adding to the comedy of errors enacted last night (the attempted removal of Langdon from office), if we have a Grand Jury which is biased or prejudiced. It has become public through the newspapers—to some extent, at least—that Abraham Ruef is to be investigated. The People have the same right as the defendant to examine the members of the panel as to their qualifications. I know that a number of the members do not possess the qualifications provided by the statute, as they are not on the assessment roll, and I desire to question them on that point. The Court has the right to excuse a juror if he is not on the assessment roll. The Supreme Court has decided that a man has the right to be investigated by a Grand Jury of nineteen men who are qualified according to the statute and none others. It is not necessary to take for grand jurors the nineteen whose names are first drawn from the box. We should examine them, so that a member who has a bias or prejudice as to a particular person may be instructed that he shall not participate in the investigation of that person.’”
Under the California law, the Attorney-General may at his discretion, take the prosecution of a criminal case out of the hands of a District Attorney. It was within General Webb’s province to have taken charge of the San Francisco graft trials. In a statement given wide publicity at the time, General Webb stated that he had no intention of taking charge of the graft trials unless Ruef succeeded in seizing the District Attorney’s office. Long after, however, Heney, in an affidavit filed in the case of The People vs. Patrick Calhoun, Thornwell Mullally, Tirey L. Ford, William M. Abbott, Abraham Ruef and Eugene E. Schmitz, No. 823, set forth a statement made to him by Ruef when Ruef was pleading for immunity, in which Webb’s presence at the impaneling of the Grand Jury was touched upon as follows:
“Ruef said in reply in substance, ‘You are prejudiced against me, Heney, ever since we had that quarrel during last election. You know that the public-service corporations are responsible for the conditions which exist in San Francisco and that I can help you send some of the officials of those corporations to the penitentiary, and I can also help you to clean up this city and make it impossible for corruption to get a foothold here again for a long time. You are afraid to trust me, but you are making a mistake. The moment it becomes known that I have gone over to the prosecution the most powerful influences in this State will all be arrayed against us, and particularly against me. The moment you attack Pat Calhoun you in fact attack Herrin. You don’t know the relation between these parties and the corporation as well as I do. I am very fond of Tirey Ford, but I don’t care a rap about Pat Calhoun, and would just as soon testify against him as not. But the moment it becomes known that I am ready to do so my life will no longer be safe. I will have to stick to the prosecution from the moment I start in with it. You don’t know what desperate means these people are capable of resorting to. My life will not be safe. If they keep me in the county jail with O’Neil as Sheriff they will kill me to a certainty. You don’t know how many influential people are involved in this thing. You and Burns think you know, but there are a lot of people whom you don’t know anything about who are mixed up in it. I tell you that the combined influence of all these people will make it next to impossible to secure convictions, and will make it very dangerous for all of us. It will not do to lessen the weight of my testimony any by having me plead guilty in that extortion case. Besides that, the Court would not allow me bail after I had pleaded guilty, and the Supreme Court may knock out the elisor, and then I would be absolutely in the hands of the other people, and they would surely kill me. Sheriff O’Neil is loyal to me now, but the moment he knew I was going to testify against Schmitz he would be very bitter against me, and would do whatever those people wanted him to do. Moreover, Herrin will get Attorney-General Webb to come down and take these cases out of the hands of Langdon and yourself, and he will declare the immunity contract off upon the ground that the District Attorney has no power to make one and will prosecute me on some of the bribery cases now pending against me, and if they convict me Herrin will see to it that I am not pardoned by the Governor. He now controls the Governor and the chances are he will continue to name the Governor and control him for the next twenty years. Webb was a deputy in Ford’s office when Ford was Attorney-General, and it was Ford who got him to come down here and “butt in” at the time you were impaneling the Grand Jury. I know you fellows thought it was I who got him to come down here, but as a matter of fact I did not know any more about it than you did until he appeared there, and I am sure it was Ford who did it.’”
While Ruef was struggling through the crowd to reach his automobile Dr. Shadwick O. Beasley, Instructor in Anatomy at the Cooper Medical College, was assaulted by some unidentified person. Dr. Beasley turned, shook his fist at Ruef and hissed him. The doctor was immediately placed under arrest. Dr. Beasley, on his part, swore out a warrant charging an unknown deputy sheriff with battery. Beasley was then made subject of petty persecution. He was, for example, held up on the street by a deputy sheriff and charged with carrying a concealed weapon. He was searched by two men, but nothing more deadly than a case of surgical instruments was found upon him. Dr. Beasley complained bitterly of the rough treatment from the officers.
The San Francisco Chronicle, in its issue of October 27, 1906, thus describes the scene which followed Ruef’s appearance before the crowd:
“With fists and clubs Chief of Police Dinan and his squad from the Central Police Station fought off the crowd of angry citizens assembled about the Temple Israel who sought to lay violent hands on Abe Ruef when the curly-headed usurper of the functions of the municipal government was leaving the scene of the Grand Jury meeting yesterday afternoon. And in the wake of the police were the Ruef heelers from the tenderloin with their hands on their pistols, threatening to shoot down the citizens of the city of San Francisco who should dare to approach too near the sacred person of their tenderloin idol.